Abstract

Comment: Civil Rights
In Monell v. Department of Social Services, the United States Supreme Court sanctioned section 1983 claims against cities, counties, and other local governments by plaintiffs who could prove that an "official policy" or "governmental custom" of the local government deprived them of a constitutional right. The Monell decision breathed new life into section 1983 claims against municipalities, but failed to provide a precise definition of the "policy or custom" standard. In a recent decision, Pembaur v. City of Cincinnati, the Supreme Court clarified the meaning of "official policy" by holding that a single incident of unconstitutional activity may constitute such a policy if the activity accords with formal rules or established practices of the municipality, or if the activity is directed by officials responsible for formulating governmental policy.

This Comment summarizes the legal background of municipal liability under section 1983 preceding Pembaur, and describes Pembaur's effect on that law. Pembaur broadens the exposure of municipalities to section 1983 actions by retreating from previous rejections of respondeat superior liability under section 1983. The decision fails, however, to address the inconsistencies between the law's limited applicability and the intent of Congress that the remedy be applied broadly.

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