Recommended Citation
Eric Schnapper, Civil Rights Litigation after Monell, 79 Colum. L. Rev. 213 (1979), https://digitalcommons.law.uw.edu/faculty-articles/300
Publication Title
Columbia Law Review
Document Type
Article
Abstract
This Article identifies the most important issues which must be dealt with after Monell v, Department of Social Services, 436 U.S. 658 (1978), and attempts to resolve them. Section I considers what rules and practices are "official acts, policies and customs" subjecting a government to suit under Monell. The second section analyzes the possible defenses available to a city; it concludes that the good faith immunity afforded to executive officials should not be extended to government entities, but that such entities should be afforded a somewhat narrower defense. Section III discusses the scope of injunctive relief available in section 1983 actions against state officials. Finally, section IV urges that after Monell state law claims against cities can and should be tried in federal court when joined with section 1983 actions.