When individual police officers violate someone’s rights, many victims wonder: “Can I sue the officer directly?” The answer is more complex—and more important—than you might think. If you’re thinking about filing a 1983 lawsuit (a lawsuit based on violations of your constitutional rights under 42 U.S.C. §1983), you need to understand a critical reality: cities, not individual officers, almost always end up footing the bill either directly or through insurance premiums.
Here are three shocking truths about how a 1983 lawsuit works—and why this matters for your case if you’ve been the victim of police misconduct in Missouri.
1. Police Officers Are Often Shielded by “Qualified Immunity”
Before you can hold an officer personally responsible, you have to overcome a major obstacle: qualified immunity.
Qualified immunity protects government officials, including police, from being sued personally unless they violated “clearly established” constitutional rights and if no “reasonable officer” would have done the same thing in the same circumstances. This is a high bar. Courts often dismiss claims against officers individually for these reasons.
In many cases, this means you must sue the city, county, or police department instead of (or in addition to) the officer through a 1983 lawsuit, because Cities do not have qualified immunity.
In Missouri, plaintiffs often bring claims against local governments under a legal theory called “Monell liability” (based on the Supreme Court case Monell v. Department of Social Services). To win, you have to prove the city had a policy, custom, or practice that led to the misconduct—not just that an officer made a mistake. This is also a very high bar, but it is the alternative theory that can be attempted in a 1983 lawsuit when the officer may be shielded by qualified immunity.
2. Cities (and Their Insurance Companies) Pay Settlements and Verdicts
When a 1983 lawsuit succeeds, it’s usually the municipality, or their insurance company, that writes the check — not the individual officer.
Why? Often police unions have negotiated explicit protection from personal liability on these kinds of lawsuits. Alternatively, the city may feel pressure to “protect their officers.” Sometimes, local politicians simply want to ensure that police officers don’t oppose them in the next election.
Because defending and paying out settlements and jury verdicts can be expensive, most cities and police departments have insurance policies to cover costs, settlements and court awards. Larger cities and counties often “self-insure.” These governing bodies set aside money from their budget to pay such claims and usually have their own lawyers on salary to fight these cases. The difference in these two approaches can mean huge differences in how 1983 lawsuits are handled by the defendants.
For logistical reasons, insurance companies usually hire lawyers on individual cases rather than simply employing lawyers full time. It lets them hire the best lawyers for each kind of case and don’t have to deal with risks and effort associated with running a huge law firm. Insurance companies are professional risk managers. They want to play the odds. Between having to paying lawyers to defend individual cases and their general willingness to play the numbers often means a better chance at a reasonable settlement.
When a municipality self-insures, it means that they have to pay any settlements or judgments with their own money. It should come as no surprise that municipalities don’t have lots of extra cash and are loathe to part with any. They also employ salaried attorneys to handle the cases. They do this because they don’t have to worry about funding cases and legal fees. They are paying their lawyers either way. As a result, it can be very difficult to settle cases with self-insured municipalities.
3. How 1983 Lawsuit Victories Drive Political and Policy Change
Winning a 1983 lawsuit isn’t just about financial compensation—it’s about creating real change. Successful lawsuits add up over time and lead to direct losses for self-insured municipalities and to increased insurance premiums and/or losing their insurance coverage for insured municipalities. When politicians and other powers that be have to worry about the effect these lawsuits have on their budget and, therefore, their jobs, change usually follows.
Some ways 1983 lawsuit victories drive systemic change include:
- Policy Reforms: Cities may revise use-of-force policies, body camera requirements, and disciplinary procedures.
- Public Awareness: High-profile verdicts can lead to media scrutiny and public demand for better accountability.
- Leadership Change: Whether at the ballot box or through city administrators, we have seen multiple police chiefs and elected sheriffs lose their jobs – at least in part – over liability their officers created through 1983 lawsuits.
In Missouri and across the country, these lawsuits play a key role in shaping safer, more just policing practices.
Final Thoughts
A 1983 lawsuit can be powerful—not just to seek justice for yourself, but to hold governments accountable and drive change.
Remember: you may not just be suing one rogue officer. You’re challenging the system that allowed it to happen.
If you believe your civil rights were violated, contact our office for a free consultation. We take justice seriously—and we know how to fight for you.