Can the family of Philando Castile sue the St. Anthony, Minn., Police Department? There may be a strong case, based on failure properly to train the department’s officers.
Let’s start with the legal standards. The 14th Amendment provides: “nor shall any state deprive any person of life, liberty, or property, without due process of law.” Because local governments derive all their powers from their state, the 14th Amendment also applies to local government agencies, such as the St. Anthony Police Department.
Section 5of the 14th Amendment grants Congress the “power to enforce, by appropriate legislation, the provisions of this article.” Pursuant to Section 5, Congress has enacted civil rights statutes, including one creating a legal cause of action for violations of civil rights: “Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State … subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. … ” 42 U.S. Code § 1983.
by David Kopel