Cases
A Closer Look at Monell
School Segregation and Official Capacity Claims
Respondeat Superior
100
This case, decided in 1961, held that municipal corporations were NOT subject to liability under section 1983
What is Monroe v. Pape?
100
This was the official policy of the Department of Social Services that the petitioners in Monell sought relief from under section 1983
What is "a policy of forcing early maternity leave?"
100
Despite the holding in Monroe (1961), federal courts continued to issue school desegregation orders based on this 1954 decision.
What is Brown v. Board of Education?
100
This justice has argued that respondeat superior should be the rule under section 1983.
Who is Justice Stevens?
200
This case overruled Monroe v. Pape, insofar as it holds that local governments are wholly immune from suit under section 1983.
What is Monell v. Department of Social Services?
200
This Amendment to section 1983 would have held a municipal corporation liable for damage done to the person or property of its inhabitants by private persons "riotously and tumultuously assembled"
What is the Sherman Amendment?
200
This was the first of two doctrinal answers that found support in lower court precedent that allowed for school desegregation orders, as pointed out by Justice Powell in his Monell concurrence.
What is an implied direct constitutional action exists against local school boards? (implied direct damage actions against federal officials in certain circumstances; Bivens case)
200
The Court in Monell first looks to this part of section 1983 in order to determine that respondeat superior should not hold corporate municipalities liable.
What is section 1, "under color of"?
300
This case held that governmental entities were not entitled to qualified, "good faith" immunity
What is Owen v. City of Independence?
300
This was the "entity" that Justice Powell was concerned about an application of section 1983 to, which he did not feel Monroe resolved.
What are school boards?
300
This was the second of two doctrinal answers that found support in lower court precedent that allowed for school desegregation orders, as pointed out by Justice Powell in his Monell concurrence.
What is the fiction of Ex Parte Young which allows injunctive relief against school officials, acting in their official capacities, even though the school boards themselves are not amenable to suit?
300
The Court in Monell was concerned that creation of a federal law of respondeat superior would have raised these types of problems/obligations/issues.
What are Constitutional problems/obligations?
400
Representative Shellaburger, in advancing an amendment to section 1983 that would have expressly provided for liability for corporate municipalities, used this case to show that Congress did have the constitutional right to ensure appropriate remedies for rights violated under the Constitution. (Hint: it was about the fugitive slave clause)
What is Prigg v. Pennsylvania?
400
Although the Court in Monell held that corporate municipalities can be held liable under section 1983 based on official policy, the Court refused to hold corporate municipalities liable solely based on this principle or form of liability.
What is respondeat superior?
400
This Supreme Court case implicitly recognized the option of allowing "official capacity" claims for injunctive relief against local authorities, when the Court approved an injunction against local school officials who violated students' due process rights.
What is Goss v. Lopez (1975)?
400
DAILY DOUBLE! This is one of the two main justifications for extending respondeat superior to corporate municipalities. (Court addressed in Monell)
What is 1) No matter how blameless employers are, accidents might nonetheless be reduced if employers had to bear the cost of accidents, and 2) Accidents should be spread to the community as a whole on an insurance theory
500
This more recent case (2003), in a unanimous decision, looked at the meaning of the word 'persons' as used in the Federal Claims Act, and held that the word 'persons', as used in the year 1863, was understood to include local governments.
What is Cook County v. United States ex rel. Chandler?
500
Justice Renhquist's dissent in Monell uses these three main points to emphasize that corporate municipalities should not be held liable under section 1983. Name two of the three.
What are 1) Stare decisis, 2) Corporations are not always citizens, such as the 14th Amendment, and 3) These types of decisions should be left to Congress (slippery slope argument)?
500
This type of approach to relief, distinguishing between injunctive relief and damages relief as applied to the word 'person' under section 1983 had been rejected in the Bruno case, and was sustained by the Monell Court in terms of "official capacity" claims.
What is a bifurcated approach?
500
Justice Stevens argues that this danger to municipal corporations on a theory of respondeat superior can be easily controlled via mandatory insurance or damages caps to municipalities under section 1983.
What is bankruptcy?
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