NCJ Number
120798
Journal
Cumberland Law review Volume: 19 Issue: 3 Dated: (1989) Pages: 447-465
Date Published
1989
Length
19 pages
Annotation
The legislative history of 42 U.S.C. 1983, a statute permitting certain forms of police misconduct litigation, is discussed, along with case law relating to municipal liability.
Abstract
In 1961, in Monroe v. Pape, the U.S. Supreme Court interpreted the language of 42 U.S.C. 1983 to mean that a municipality was not a "person" and therefore could not be sued under the statute. Later 1970's case law affirmed the 1961 decision. In 1977, a bill was introduced in Congress that would have made municipalities and States persons under section 1983, thus permitting suits against them in certain circumstances. Before the bill was considered, however, the U.S. Supreme Court in Monell v. Department of Social Services of New York, overruled its previous position and held that municipalities were persons under section 1983 but could not be sued under a theory of respondeat superior. Thus the Monell decision gave those litigating charges of police misconduct a clarification and a rationale for suing the offending municipality under section 1983. Decisions following Monell are discussed in detail, and it is pointed out that the Supreme Court's conservative majority may not permit any further liberalization of Monell claims in the future. 82 footnotes.