Suing a City or County Under Section 1983 (Monell)

Cities, counties, and other local governments can be sued under 42 U.S.C. §1983, but not simply because they employ an officer who violated someone's rights. The rules come from Monell v. Department of Social Services, 436 U.S. 658 (1978).

No liability just for being the employer

Monell held that local governments are "persons" who can be sued under §1983, but that they cannot be held liable on a respondeat superior theory, meaning simply because an employee committed a violation. The government itself must be responsible through its own policy or custom.

Ways to show a policy or custom

• Written policy. A rule, ordinance, or regulation that itself causes the violation.
• Widespread practice. A pattern so persistent and well settled that it operates as policy, with knowledge by policymakers.
• Final policymaker decisions. A decision by an official with final authority over the subject under state and local law.
• Failure to train or supervise. Under City of Canton v. Harris, 489 U.S. 378 (1989), inadequate training can support liability only where it reflects deliberate indifference to the rights of people the officers deal with.

The Fifth Circuit framework

In Piotrowski v. City of Houston, 237 F.3d 567 (5th Cir. 2001), the Fifth Circuit described municipal liability as requiring a policymaker, an official policy, and a violation of constitutional rights whose "moving force" is that policy or custom. Showing causation and the policymaker's knowledge are often the hardest parts.

Why Monell claims matter

• Local governments cannot claim qualified immunity.
• A Monell claim can address the system that produced a violation, not only one officer's conduct.
• Evidence of prior complaints, training materials, and internal policies often becomes central.

Evidence often used

• use-of-force and general orders, and training records;
• prior complaints, internal affairs findings, and lawsuits involving similar conduct;
• statements by chiefs, sheriffs, or council members;
• public information act responses and audit reports.

Texas agencies' records can sometimes be obtained through the Texas Public Information Act. Our body camera footage article explains that process. For state-law claims against Texas governments, the Texas Tort Claims Act and governmental immunity rules are different from §1983 and are not covered here.

Related topics

Read our §1983 and police misconduct overview, the excessive force guide, and filing deadlines. Our internal investigations and audits page covers work done for agencies and organizations.

This page is general information about Texas and federal law, not legal advice for your situation. Laws and court decisions change, and every case turns on its own facts.