# Monell v. New York City Dept. of Social Servs.

> Supreme Court of the United States · June 6, 1978 · 436 U.S. 658

URL: https://www.frixlaw.com/law-library/cases/9427234

## Case

- **Full name:** MONELL Et Al. v. DEPARTMENT OF SOCIAL SERVICES OF THE CITY OF NEW YORK Et Al.
- **Court:** Supreme Court of the United States
- **Decided:** June 6, 1978
- **Citations:** 436 U.S. 658; 16 Empl. Prac. Dec. (CCH) 8345; 17 Fair Empl. Prac. Cas. (BNA) 873; 98 S. Ct. 2018; 56 L. Ed. 2d 611; 1978 U.S. LEXIS 100
- **Precedential status:** Published
- **Opinion:** Concurrence by Stevens
- **Judges:** Blackmun, BrennaN, Brennan, Marshall, Powell, Rehnquist, Stevens, Stewart, White
- **Cited by:** 41,982 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Questioned by Brown v. Grabowski, 922 F.2d 1097 (1991).
- Negative treatments: 6
- Distinguished by: 12
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9427234

## How later opinions describe it (automated extraction)

- holding that a municipality cannot 26 be held liable for the actions of its employees under § 1983 unless the municipality’s policy 27 4 As the Court explains later in this order, in the absence of a federal question, it declines to exercise supplemental jurisdiction over the …
- holding that, to state a claim for municipal liability, a 2 SEPTA and its employees have been found to “act under color of state law” and are therefore state actors subject to liability under § 1983. Ford v. Se. Pennsylvania Transp. Auth., 374 F. App’x 325 , 326 (3d Cir. 2010)…
- holding that “[l]ocal governing bodies, therefore, can be sued directly under § 1983 for monetary, declaratory, or injunctive relief where, as here, the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision …
- holding “the language of § 1983 ... compels the conclusion that Congress did not intend municipalities to be held liable unless action pursuant to official municipal policy of some nature caused a constitutional tort. In particular, we conclude that a municipality cannot be he…

## Opinion text

Mr. Justice Stevens,
concurring in part.
Since Parts II and IV of the opinion of the Court are merely advisory and are not necessary to explain the Court’s decision, I join only Parts I, III, and V.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9427234. Public record. Not legal advice.