Monell v. Department of Social Services of the City of New York
|Monell v. Department of Social Services of the City of New York|
|Argued November 2, 1977
Decided June 6, 1978
|Full case name||Jane Monell et al., Petitioners, v. Department of Social Services of the City of New York et al.|
|Citations||436 U.S. 658 (more)
98 S.Ct. 2018, 56 L.Ed.2d 611
|Municipalities can be held liable for violations of Constitutional rights through 42 U.S.C. §1983 actions.|
|Majority||Brennan, joined by Stewart, White, Marshall, Blackmun, and Powell.|
|Dissent||Rehnquist, joined by Burger|
|Fourteenth Amendment, Section 1 of the "Civil Rights Act" of April 20, 1871|
Monell v. Department of Social Services 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.
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, New York 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. New York 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.
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.
- Jane Monell et al., Petitioners, v. Department of Social Services of the City of New York et al., 436 U.S. 658 (1978)
- 42 U.S.C. §1983 == In the United States Code, Title 42: Public Health and Welfare, Chapter 21: Civil Rights, Subchapter 1: Generally, Section 1983: Civil action for deprivation of rights
- "Monell v. Department of Social Services: Synopsis & Description". Center for Constitutional Rights.
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