Monell v. Department of Social Services
Citation: 436 U.S. 658 (1978)
Facts
Female employees of the New York City Department of Social Services and Board of Education challenged a policy requiring pregnant employees to take unpaid leaves of absence before such leaves were medically required. They sued the departments and the City of New York under § 1983.
Issue
Are local governments “persons” subject to suit under 42 U.S.C. § 1983, and if so, under what conditions?
Holding
Yes, overruling Monroe v. Pape’s exclusion of municipalities. Local governments are “persons” under § 1983, but they may only be sued when the alleged unconstitutional action implements or executes an official policy or custom.
Rule
A municipality is liable under § 1983 only when the constitutional violation results from an official policy or custom of the governmental entity. There is no respondeat superior liability — a city cannot be held liable merely because one of its employees committed a constitutional violation.
Significance
Monell is the foundation of municipal liability under § 1983. It resolves the question left open after Monroe v. Pape and introduces the “policy or custom” requirement, which remains the central limit on local government liability in civil rights cases. Plaintiffs must identify the specific policy that caused the violation.