## Facts

- Female employees of New York City’s Department of Social Services and Board of Education challenged maternity-leave rules requiring pregnant employees to take unpaid leave at fixed points, regardless of medical need.
- The district court found the policies unconstitutional but held injunctive relief moot after a policy change.
- Relying on then-existing precedent, the district court denied backpay against the City, its agencies, and officials sued in their official capacities on the theory that municipalities were immune from damages under 42 U.S.C. § 1983.
- The Second Circuit affirmed the denial of backpay based on municipal immunity.
- The Supreme Court granted review to determine whether, and on what basis, local governments may be sued under § 1983.

## Issues

1. Whether municipalities and other local government units are “persons” subject to suit under 42 U.S.C. § 1983 for monetary, declaratory, or injunctive relief.
2. If so, whether municipal liability under § 1983 may rest on respondeat superior, or instead requires that the constitutional injury be caused by an official policy or custom.

## Decision

- The Court held that municipalities and other local government units are “persons” within the meaning of § 1983 and may be sued directly for damages and equitable relief.
- The Court overruled prior precedent to the extent it recognized absolute municipal immunity from § 1983 suits.
- The Court held that a municipality is not liable under § 1983 solely because it employs a tortfeasor; respondeat superior is unavailable.
- Municipal liability exists only when the constitutional violation was caused by execution of an official policy, regulation, decision, or a governmental custom attributable to the municipality.
- Because the lower courts denied backpay solely on immunity grounds, the Court reversed and remanded for further proceedings.

## Legal Principles

- Local governing bodies may be sued under § 1983 when the challenged action implements or executes an official policy, ordinance, regulation, decision, or municipal custom.
- A municipality cannot be held liable under § 1983 on a respondeat superior theory for acts of employees or agents.
- Municipal liability requires a causal link: the policy or custom must be the moving force behind the constitutional deprivation, and the policy must be fairly attributable to the municipality’s official decisionmaking.

## Conclusion

The Court recognized municipal and local-agency liability under § 1983 while limiting it to injuries caused by an official policy or custom, rejecting vicarious liability based solely on an employment relationship; it reversed the denial of backpay that rested on categorical municipal immunity and remanded.


Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978)