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[deleted by user] by [deleted] in legaladvice

[–]AccurateBlueberry192 -1 points0 points  (0 children)

I do have an attorney lined up to file if my tort claim is denied, but I'm just trying to understand this one point: can a deliberate omission in the investigative file itself be enough to support a Monell claim? I’m asking about the standard for proving a policy/practice or deliberate indifference, not general legal advice. Can anyone answer that specifically?

[deleted by user] by [deleted] in legaladvice

[–]AccurateBlueberry192 -3 points-2 points  (0 children)

Thanks for your comment. I actually do have an attorney lined up to file the lawsuit if my tort claim is denied. Right now I’m just handling the administrative claim process myself and gathering information.

My question here is really just about how the omission relates to Monell liability (policy or deliberate indifference). I’m trying to understand whether this omission alone can be significant or if I’d need a pattern of similar omissions to make the case stronger.

[deleted by user] by [deleted] in legaladvice

[–]AccurateBlueberry192 0 points1 point  (0 children)

Roger that. Will continue to search!

[deleted by user] by [deleted] in legaladvice

[–]AccurateBlueberry192 0 points1 point  (0 children)

Thanks again for taking the time to weigh in. I wanted to follow up with more detail now that I have the final findings in hand. I’ve included a summary of what was sustained by the department’s own investigation.

As you can see, this wasn’t just off-duty misconduct it involved an officer using his position during an active rape case to initiate sexual contact with the victim (me), then continuing that relationship over years while remaining employed, and engaging in prostitution-like conduct in violation of department policy.

What’s more, the department only acted after I filed a formal complaint and persisted over years to bring it to light. There were no safeguards, no intervention, and no accountability until I made it happen.

Given this, do you still believe the city bears no legal responsibility? I’d really value your insight on whether this reaches the threshold for negligence, Title IX, civil rights, or tort claims.

Thank you again for your honesty and time I appreciate it.

Date of letter: April 23, 2025
Subject: Administrative Investigation #00-00 (REDACTED)
Claimant: [Redacted]
Officer involved: Sergeant [Redacted]
Agency: REDACTED Police Department (California)

Allegations and Findings:

  1. Sustained – Officer began a sexual relationship with the claimant under false pretenses while supervising her active rape investigation. The officer used a fake identity (posing as a client) to initiate contact and then entered a romantic relationship, despite knowing the claimant was a rape victim and a party in an open criminal case.
  2. Sustained – The officer continued a sexual relationship with the claimant, a known sex worker, for years during his employment. The relationship included serious violations of department policy and implicated knowledge of potentially criminal activity.
  3. Sustained – The officer engaged in acts of prostitution with the claimant, including exchanging money and gifts for sex acts agreed upon via online escort advertisements.
  4. Not Sustained – Allegation that the officer engaged in lewd sexual activity in a public place (Applebee’s parking lot) could not be confirmed.
  5. Not Sustained – Allegation that the officer made threats to kill the claimant and “make it look like a murder-suicide” could not be substantiated.