Monroe v. Pape
Citation: 365 U.S. 167 (1961)
Facts
Chicago police officers broke into James Monroe’s home without a warrant, forced the family to stand naked while the home was searched, detained Monroe for ten hours without charges, and used abusive tactics — all without authority under state law. Monroe sued the officers and the City of Chicago under 42 U.S.C. § 1983.
Issue
Does § 1983 reach unconstitutional conduct by state officials acting outside their lawful authority, and does it reach municipalities?
Holding
Yes as to the officers: § 1983 covers state officials acting “under color of law” even when they exceed or violate state law. No as to the city: the Court held that municipalities were not “persons” subject to suit under § 1983, based on legislative history of the Civil Rights Act of 1871.
Rule
State officers act “under color of law” for § 1983 purposes when they use the authority of their office, even if they misuse or abuse that authority. Municipalities, however, were held not to be “persons” and therefore not suable under § 1983 (the municipal exclusion was later partially overruled in Monell).
Significance
Monroe v. Pape launched modern § 1983 litigation by broadly interpreting “under color of law.” Its holding that municipalities were excluded from § 1983 was overruled by Monell v. Department of Social Services (1978), but the case remains foundational to understanding the statute’s scope.