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|
|U.S. Const. amend. XIV, Civil Rights Act of 1871 § 1|
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.
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.
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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