Monell v. Department of Social Services of the City of New York

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Monell v. Department of Social Services, 436 U.S. 658 (1978), is an opinion given by the United States Supreme Court in which the Court overrules Monroe v. Pape in holding that a local government is a "person" subject to suit under Section 1983 of Title 42 of the United States Code: civil action for deprivation of rights.

Video Monell v. Department of Social Services of the City of New York

Facts

The case began in July 1971 as a challenge to the New York City Board of Education's forced maternity leave policies. In a different lawsuit in 1978, the U.S. Supreme Court ruled that cities were liable for damages under the Civil Rights Act. Following the decision, the city settled for $375,500, to be divided among all women employees placed on forced maternity leave from July 1968 to the time of the case being filed. The city increased the money available for compensations to $11 million after an unexpectedly large response from women to notices announcing the settlement. The claims were paid in the fall of 1981.

Maps Monell v. Department of Social Services of the City of New York

Judgment

The United States Supreme Court held that a local government is a "person" that can be sued under Section 1983 of Title 42 of the United States Code: civil action for deprivation of rights.

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Significance

This resolution created a precedent that for the first time established local government monetary accountability for unconstitutional acts and created the right to obtain damages from municipalities in such cases.

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Discussion

Monell is not always absolute. For example, the eleventh circuit recognizes that "police departments are not usually considered legal entities subject to suit."However, the Barber court instructed that "capacity to be sue or be sued shall be determined by the law of the state in which the district court is held.". By way of example, Florida courts have consistently found that city police departments are not entities capable of suit..

Therefore, as demonstrated above by way of example, the effects of Monell have been diluted over time, to the extent that Monell in and of itself does not necessarily impart the ability to name a government entity as a 1983 action.

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References

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External links

• Text of Monell v. Department of Social Services, 436 U.S. 658 (1978) is available from:  Cornell  CourtListener  Findlaw  Justia  Oyez 

Source of article : Wikipedia