What is Monell liability for a municipality under Section 1983?

What the Law Says

Monell liability arises under 42 U.S.C. § 1983, which authorizes civil suits against persons acting 'under color of any statute, ordinance, regulation, custom, or usage' who deprive others of constitutional rights. A municipality is considered a 'person' under this statute—but only if the injury flows from its own official policy or custom.

Before the Supreme Court’s 1978 decision in Monell v. Department of Social Services, cities were generally immune from § 1983 liability. Monell changed that—but with a critical limit: municipalities cannot be held liable solely because they employ a tortfeasor (i.e., no respondeat superior). Instead, liability attaches only when the constitutional violation is caused by a municipal 'policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body' or by a 'custom or usage' so widespread and well-settled it has the force of law.

The statute itself does not define 'policy or custom,' but courts have interpreted it to include deliberate indifference by policymakers—for example, failing to train officers on constitutional limits when the need for such training is obvious and likely to result in violations.

Statutory Text

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress...

— 42 U.S.C. § 1983 — Civil action for deprivation of rights

What to Do

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