SUPREME COURT OF THE UNITED STATES
436 U.S. 658; 98 S. Ct. 2018; 56 L. Ed. 2d 611

JANE MONELL ET AL. v. DEPARTMENT OF SOCIAL SERVICES OF THE CITY OF NEW YORK ET AL.

No. 75-1914

November 2, 1977, Argued

June 6, 1978, Decided

PRIOR HISTORY:

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.

DISPOSITION: 532 F.2d 259, reversed.

SYLLABUS:

Petitioners, female employees of the Department of Social Services and the Board of Education of the city of New York, brought this class action against the Department and its Commissioner, the Board and its Chancellor, and the city of New York and its Mayor under 42 U. S. C. § 1983, which provides that every "person" who, under color of any statute, ordinance, regulation, custom, or usage of any State subjects, or "causes to be subjected," any person to the deprivation of any federally protected rights, privileges, or immunities shall be civilly liable to the injured party. In each case, the individual defendants were sued solely in their official capacities. The gravamen of 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. The District Court found that petitioners' constitutional rights had been violated, but held that petitioners' claims for injunctive relief were mooted by a supervening change in the official maternity leave policy. That court further held that Monroe v. Pape, 365 U.S. 167, barred recovery of backpay from the Department, the Board, and the city. In addition, to avoid circumvention of the immunity conferred by Monroe, the District Court held that natural persons sued in their official capacities as officers of a local government also enjoy the immunity conferred on local governments by that decision. The Court of Appeals affirmed on a similar theory. Held:

1. In Monroe v. Pape, supra, after examining the legislative history of the Civil Rights Act of 1871, now codified as 42 U. S. C. § 1983, and particularly the rejection of the so-called Sherman amendment, the Court held that Congress in 1871 doubted its constitutional authority to impose civil liability on municipalities and therefore could not have intended to include municipal bodies within the class of "persons" subject to the Act. Re-examination of this legislative history compels the conclusion that Congress in 1871 would not have thought § 1983 constitutionally infirm if it applied to local governments. In addition, that history confirms that local governments were intended to be included among the "persons" to which § 1983 applies. Accordingly, Monroe v. Pape is overruled insofar as it holds that local governments are wholly immune from suit under § 1983. Pp. 664-689.

2. Local governing bodies (and local officials sued in their official capacities) can, therefore, be sued directly under § 1983 for monetary, declaratory, and injunctive relief in those situations where, as here, the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision officially adopted or promulgated by those whose edicts or acts may fairly be said to represent official policy. In addition, local governments, like every other § 1983 "person," may be sued for constitutional deprivations visited pursuant to governmental "custom" even though such custom has not received formal approval through the government's official decisionmaking channels. Pp. 690-691.

3. On the other hand, the language and legislative history of § 1983 compel the conclusion that Congress did not intend a local government to be held liable solely because it employs a tortfeasor -- in other words, a local government cannot be held liable under § 1983 on a respondeat superior theory. Pp. 691-695.

4. Considerations of stare decisis do not counsel against overruling Monroe v. Pape insofar as it is inconsistent with this opinion. Pp. 695-701.

(a) Monroe v. Pape departed from prior practice insofar as it completely immunized municipalities from suit under § 1983. Moreover, since the reasoning of Monroe does not allow a distinction to be drawn between municipalities and school boards, this Court's many cases holding school boards liable in § 1983 actions are inconsistent with Monroe, especially as the principle of that case was extended to suits for injunctive relief in City of Kenosha v. Bruno, 412 U.S. 507. Pp. 695-696.

(b) Similarly, extending absolute immunity to school boards would be inconsistent with several instances in which Congress has refused to immunize school boards from federal jurisdiction under § 1983. Pp. 696-699.

(c) In addition, municipalities cannot have arranged their affairs on an assumption that they can violate constitutional rights for an indefinite period; accordingly, municipalities have no reliance interest that would support an absolute immunity. Pp. 699-700.

(d) Finally, it appears beyond doubt from the legislative history of the Civil Rights Act of 1871 that Monroe misapprehended the meaning of the Act. Were § 1983 unconstitutional as to local governments, it would have been equally unconstitutional as to state or local officers, yet the 1871 Congress clearly intended § 1983 to apply to such officers and all agreed that such officers could constitutionally be subjected to liability under § 1983. The Act also unquestionably was intended to provide a remedy, to be broadly construed, against all forms of official violation of federally protected rights. Therefore, without a clear statement in the legislative history, which is not present, there is no justification for excluding municipalities from the "persons" covered by § 1983. Pp. 700-701.

5. Local governments sued under § 1983 cannot be entitled to an absolute immunity, lest today's decision "be drained of meaning," Scheuer v. Rhodes, 416 U.S. 232, 248. P. 701.

COUNSEL: Oscar Chase argued the cause for petitioners. With him on the briefs were Nancy Stearns, Jack Greenberg, and Eric Schnapper.

L. Kevin Sheridan argued the cause for respondents. With him on the brief was W. Bernard Richland. *



* Michael H. Gottesman, Robert M. Weinberg, David Rubin, Albert E. Jenner, Jr., Robert A. Murphy, and William E. Caldwell filed a brief for the National Education Assn. et al. as amici curiae urging reversal.

JUDGES: BRENNAN, J., delivered the opinion of the Court, in which STEWART, WHITE, MARSHALL, BLACKMUN, and POWELL, JJ., joined, and in Parts I, III, and V of which STEVENS, J., joined. POWELL, J., filed a concurring opinion, post, p. 704. STEVENS, J., filed a statement concurring in part, post, p. 714. REHNQUIST, J., filed a dissenting opinion, in which BURGER, C. J., joined, post, p. 714.

OPINION: [*660] [***616] [**2020] MR. JUSTICE BRENNAN delivered the opinion of the Court.

Petitioners, 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 [***617] 42 U. S. C. § 1983 in July 1971. n1 The gravamen of the complaint was that the [*661] 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. n2 Cf. Cleveland Board of Education v. LaFleur, 414 U.S. 632 [**2021] (1974). The suit sought injunctive relief and backpay for periods of unlawful forced leave. Named as defendants in the action were the Department and its Commissioner, the Board and its Chancellor, and the city of New York and its Mayor. In each case, the individual defendants were sued solely in their official capacities. n3

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n1 The complaint was amended on September 14, 1972, to allege a claim under Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U. S. C. § 2000e et seq. (1970 ed. and Supp. V). The District Court held that the 1972 amendments to Title VII did not apply retroactively to discrimination suffered prior to those amendments even when an action challenging such prior discrimination was pending on the date of the amendments. 394 F.Supp. 853, 856 (SDNY 1975). This holding was affirmed on appeal. 532 F.2d 259, 261-262 (CA2 1976). Although petitioners sought certiorari on the Title VII issue as well as the § 1983 claim, we restricted our grant of certiorari to the latter issue. 429 U.S. 1071.



n2 The plaintiffs alleged that New York had a citywide policy of forcing women to take maternity leave after the fifth month of pregnancy unless a city physician and the head of an employee's agency allowed up to an additional two months of work. Amended Complaint para. 28, App. 13-14. The defendants did not deny this, but stated that this policy had been changed after suit was instituted. Answer para. 13, App. 32-33. The plaintiffs further alleged that the Board had a policy of requiring women to take maternity leave after the seventh month of pregnancy unless that month fell in the last month of the school year, in which case the teacher could remain through the end of the school term. Amended Complaint paras. 39, 42, 45, App. 18-19, 21. This allegation was denied. Answer paras. 18, 22, App. 35, 37.


n3 Amended Complaint para. 24, App. 11-12.


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On cross-motions for summary judgment, the District Court for the Southern District of New York held moot petitioners' claims for injunctive and declaratory relief since the city of New York and the Board, after the filing of the complaint, had changed their policies relating to maternity leaves so that no pregnant employee would have to take leave unless she was medically unable to continue to perform her job. 394 F.Supp. 853, 855 (1975). No one now challenges this conclusion. [*662] The court did conclude, however, that the acts complained of were unconstitutional under LaFleur, supra. 394 F.Supp., at 855. Nonetheless plaintiffs' prayers for backpay were denied because any such damages would come ultimately from the city of New York and, therefore, to hold otherwise would be to "[circumvent]" the immunity conferred on municipalities by Monroe v. Pape, 365 U.S. 167 (1961). See 394 F.Supp., at 855.

On appeal, petitioners renewed their arguments that the Board of Education n4 was not a "municipality" within the meaning of Monroe v. Pape, supra, and that, in any event, the District Court had erred in barring a damages award against the individual defendants. The Court of Appeals for the Second Circuit rejected both contentions. The court first held that the Board of Education was not a "person" under § 1983 [***618] because "it performs a vital governmental function . . . , and, significantly, while it has the right to determine how the funds appropriated to it shall be spent . . . , it has no final say in deciding what its appropriations shall be." 532 F.2d 259, 263 (1976). The individual defendants, however, were "persons" under § 1983, even when sued solely in their official capacities. 532 F.2d, at 264. Yet, because a damages award would "have to be paid by a city that was held not to be amenable to such an action in Monroe v. Pape," a damages action against officials sued in their official capacities could not proceed. Id., at 265.

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n4 Petitioners conceded that the Department of Social Services enjoys the same status as New York City for Monroe purposes. See 532 F.2d, at 263.


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[***LEdHR1A] [1A]LEdHR(1A)We granted certiorari in this case, 429 U.S. 1071, to consider



"Whether local governmental officials and/or local independent school boards are 'persons' within the meaning of 42 U. S. C. § 1983 when equitable relief in the nature of back pay is sought against them in their official capacities?" Pet. for Cert. 8.

[*663] Although, after plenary consideration, we have decided the merits of over a score of cases brought under § 1983 in which the principal defendant was a school board n5 -- [**2022] and, indeed, in some of which § 1983 and its jurisdictional counterpart, 28 U. S. C. § 1343, provided the only basis for jurisdiction n6 -- we indicated in Mt. Healthy City Board of Education v. Doyle, 429 U.S. 274, 279 (1977), last Term that the question presented here was open and would be [***619] decided "another day." That other day has come and HN1we now overrule Monroe v. Pape, supra, insofar as it holds that local governments are wholly immune from suit under § 1983. n7

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n5 Milliken v. Bradley, 433 U.S. 267 (1977); Dayton Board of Education v. Brinkman, 433 U.S. 406 (1977); Vorchheimer v. School District of Philadelphia, 430 U.S. 703 (1977); East Carroll Parish School Board v. Marshall, 424 U.S. 636 (1976); Milliken v. Bradley, 418 U.S. 717 (1974); Bradley v. Richmond School Board, 416 U.S. 696 (1974); Cleveland Board of Education v. LaFleur, 414 U.S. 632 (1974); Keyes v. School District No. 1, Denver, Colo., 413 U.S. 189 (1973); San Antonio School District v. Rodriguez, 411 U.S. 1 (1973); Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1 (1971); Northcross v. Memphis Board of Education, 397 U.S. 232 (1970); Carter v. West Feliciana Parish School Board, 396 U.S. 226 (1969); Alexander v. Holmes County Board of Education, 396 U.S. 19 (1969); Kramer v. Union Free School District, 395 U.S. 621 (1969); Tinker v. Des Moines Independent School District, 393 U.S. 503 (1969); Monroe v. Board of Comm'rs, 391 U.S. 450 (1968); Raney v. Board of Education, 391 U.S. 443 (1968); Green v. New Kent County School Board, 391 U.S. 430 (1968); Abington School District v. Schempp, 374 U.S. 203 (1963); Goss v. Board of Education, 373 U.S. 683 (1963); McNeese v. Board of Education, 373 U.S. 668 (1963); Orleans Parish School Board v. Bush, 365 U.S. 569 (1961); Brown v. Board of Education, 347 U.S. 483 (1954).



n6 Cleveland Board of Education v. LaFleur, supra, at 636; App. in Keyes v. School District No. 1, Denver, Colo., O. T. 1972, No. 71-507, p. 4a; App. in Swann v. Charlotte-Mecklenburg Board of Education, O. T. 1970, No. 281, p. 465a; Pet. for Cert. in Northcross v. Memphis Board of Education, O. T. 1969, No. 1136, p. 3; Tinker v. Des Moines Independent School District, supra, at 504; McNeese v. Board of Education, supra, at 671.


n7 However, we do uphold Monroe v. Pape insofar as it holds that the doctrine of respondeat superior is not a basis for rendering municipalities liable under § 1983 for the constitutional torts of their employees. See Part II, infra.


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[*664] I

In Monroe v. Pape, we held that "Congress did not undertake to bring municipal corporations within the ambit of [§ 1983]." 365 U.S., at 187. The sole basis for this conclusion was an inference drawn from Congress' rejection of the "Sherman amendment" to the bill which became the Civil Rights Act of 1871, 17 Stat. 13, the precursor of § 1983. The amendment would have held a municipal corporation liable for damage done to the person or property of its inhabitants by private persons "riotously and tumultuously assembled." n8 Cong. Globe, 42d Cong., 1st Sess., 749 (1871) (hereinafter Globe). Although the Sherman amendment did not seek to amend § 1 of the Act, which is now § 1983, and although the nature of the obligation created by that amendment was vastly different from that created by § 1, the Court nonetheless concluded in Monroe that Congress must have meant to exclude municipal corporations from the coverage of § 1 because "'the House [in voting against the Sherman amendment] had solemnly decided that in their judgment Congress had no constitutional power to impose any obligation upon county and town organizations, the mere instrumentality for the administration of state law.'" 365 U.S., at 190 (emphasis added), quoting Globe 804 (Rep. Poland). This statement, we thought, showed that Congress doubted its "cons