Final Policymaker
The person whose decisions can bind the municipality — required to establish Monell liability through a single decision.
What It Is
A “final policymaker” is a government official who has final authority to establish municipal policy in a particular area. When a final policymaker makes a deliberate choice, that single decision can be attributed to the municipality as its “official policy” for Monell purposes.
Who Qualifies
Final policymaking authority is determined by state and local law — not by the officer’s rank or title. City of St. Louis v. Praprotnik, 485 U.S. 112 (1988).
Key principle: the person must have final authority — meaning their decision is not subject to review by a higher authority. If the police chief’s use-of-force decisions can be overridden by the city manager, the chief may not be the final policymaker on use of force.
Common final policymakers in § 1983 cases:
- Police chief (on operational policing decisions, in some jurisdictions)
- Sheriff (often has final authority over jail conditions under state law)
- City council or county board (on legislative matters)
- District attorney (on prosecution decisions)
The Single-Decision Theory
Under Pembaur v. City of Cincinnati, 475 U.S. 469 (1986), a single decision by a final policymaker can establish Monell liability. You don’t always need a pattern or formal written policy. If the county prosecutor ordered deputies to break down a door to serve a summons — and the prosecutor was the final policymaker on that decision — the county is liable.
Why It Matters for Pro Se Litigants
Identifying the final policymaker is essential for Monell claims. Defendants will argue that the person who made the decision wasn’t the final policymaker, or that their decision was subject to review. Your job: research your jurisdiction’s charter, ordinances, and state law to determine who holds final authority over the relevant area.
Key Cases
- Pembaur v. City of Cincinnati, 475 U.S. 469 (1986) — Single decision by final policymaker
- City of St. Louis v. Praprotnik, 485 U.S. 112 (1988) — State law determines who is a final policymaker
- Jett v. Dallas Independent School District, 491 U.S. 701 (1989) — Final policymaker inquiry is a question of law for the judge