Monell v. Dept. of Social Svcs

In Monell v. Department of Social Services, 436 U.S. 658 (1978), the United States Supreme Court held that local governments may be sued directly under 1983 if "the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body's officers." Id. "But a municipality cannot be held liable solely because it employs a tortfeasor. In other words, there is no respondeat superior liability under 1983; rather, a plaintiff must point to some official policy or custom which resulted in the injury." Watson v. Mayor &c. of Savannah, 223 Ga. App. 399, 401 (1) (477 S.E.2d 667) (1996). The plaintiff "must prove that the City deprived him of a constitutional right pursuant to an impermissible or corrupt policy which is intentional and deliberate." Watson, supra at 402. The alleged deficiency "must be closely related to the ultimate injury," because "in virtually every instance where a person has had his or her constitutional rights violated by a city employee, a 1983 plaintiff will be able to point to something the city could have done to prevent the unfortunate incident." Id. at 401-402. In addition to showing that the constitutional violation causally produced the injury, the plaintiff: Must also demonstrate that, through its deliberate conduct, the municipality was the moving force behind the injury alleged. That is, a plaintiff must show that the municipal action was taken with the requisite degree of culpability and must demonstrate a direct causal link between the municipal action and the deprivation of federal rights. Some employee or agent must intend to act or refuse to act based upon such governmental policy. Merritt v. Athens Clarke County, 233 Ga. App. 203, 206 (2) (504 S.E.2d 41) (1998). The United States Supreme Court in Monell v. Department of Social Services concluded that a local government may not be sued under 1983 for an injury inflicted solely by its employees or agents. Instead, it is when execution of a government's policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury that the government as an entity is responsible under 1983. Id. at 694 (II).