 |
studentJD |
|
|
Students Helping Students |
Currently Briefing & Updating |
© 2010 No content replication for monetary use of any kind is allowed without express written permission
|
Monell v. Department of Social Services, 436 U.S. 658 |
United States Supreme Court |
1978 |
|
Chapter |
19 |
Title |
Civil Rights |
|
Page |
798 |
Topic |
Immunity |
|
Quick Notes |
A local government may not be sued under 1983 for an injury inflicted solely by its employees or agents |
||
|
Book Name |
Torts Cases, Problems, And Exercises. Weaver, Third Edition. ISBN: 978-1-4224-7220-0. |
||
|
Issue |
o Whether municipalities can be held liable for the actions of its employees? No. o Whether municipalities can be held liable for the unconstitutional policies? Yes. |
|
Procedure |
|
|
Trial |
o Denied Backpay |
|
Supreme |
o Reversed - We conclude, therefore, that a local government may not be sued under 1983 for an injury inflicted solely by its employees or agents |
|
Facts |
Reasoning |
Rules |
|
Pl Monell Df Dep't of Soc. Servs. What happened? o A class of female employees of the Department of Social Services and of the Board of Education of the city of New York, commenced this action under 42 U. S. C. 1983 in July 1971. Forced Pre-Pregnant Unpaid Leave o The complaint was that the Board and the Department had as a matter of official policy compelled pregnant employees to take unpaid leaves of absence before such leaves were required for medical reasons. Sought Injunctive Relief o The suit sought injunctive relief and backpay for periods of unlawful forced leave. o Df - in the action were the Department and its Commissioner, the Board and its Chancellor, and the city of New York and its Mayor. District Court o Concluded that the acts complained of were unconstitutional. o Nonetheless plaintiffs' prayers for backpay were denied because any such damages would come ultimately from the city of New York and, o Therefore, to hold otherwise would be to "[circumvent]" the immunity conferred on municipalities by Monroe v. Pape. o In Monroe v. Pape, we held that "Congress did not undertake to bring municipal corporations within the ambit [boundary] of section 1983." |
Analysis of Legislative History Civil Rights Act of 1871 o Congress did intend municipalities and other local government units to be included among those persons to whom 1983 applies. o Local governing bodies can be sued directly under 1983 for monetary, declaratory, or injunctive relief where, as here, the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body's officers.
Municipalities Liable Liable if their action caused a constitutional tort. o On the other hand, Congress did not intend municipalities to be held liable unless action pursuant to official municipal policy of some nature caused a constitutional tort.
Municipalities NOT Liable o A municipality cannot be held liable solely because it employs a tortfeasor. o A municipality cannot be held liable under 1983 on a respondeat superior theory.
Federal law of respondeat superior o Would have raised all the constitutional problems associated with the obligation to keep the peace, an obligation Congress chose not to impose because it thought imposition of such an obligation unconstitutional.
Courts Conclusion No Federal law of respondeat superior o We conclude, therefore, that a local government may not be sued under 1983 for an injury inflicted solely by its employees or agents.
Reversed
DISSENT Rehnquist o Congress did not intend to subject a municipal corporation to liability as a "person" within the meaning of 42 U. S. C. 1983.
|
|
|
Rules |
|
o Whether municipalities can be held liable for the actions of its employees? No. o Whether municipalities can be held liable for the unconstitutional policies? Yes.
Municipalities Liable Liable if their action caused a constitutional tort. o On the other hand, Congress did not intend municipalities to be held liable unless action pursuant to official municipal policy of some nature caused a constitutional tort.
Municipalities NOT Liable o A municipality cannot be held liable solely because it employs a tortfeasor. o A municipality cannot be held liable under 1983 on a respondeat superior theory.
|
|
Class Notes |
|
|