Municipal Liability (Suing the City)
The complete framework for holding cities and counties accountable — policy, custom, policymaker, failure to train.
What It Is
Municipal liability is the umbrella term for holding local governments (cities, counties, school districts, etc.) liable under § 1983. The framework comes from Monell and its progeny.
The Four Paths
1. Official Policy
A formally adopted policy, ordinance, regulation, or directive that itself violates the Constitution.
Example: A city policy requiring officers to strip-search all arrestees, regardless of the offense.
Proof: Find the written policy. It speaks for itself.
2. Widespread Custom or Practice
Conduct so persistent and widespread that it constitutes a “custom or usage” with the force of law, even without formal adoption.
Example: Officers in a department routinely use chokeholds during arrests, and supervisors know but don’t stop it.
Proof: You need evidence of multiple incidents showing the practice is systemic — prior complaints, lawsuits, internal affairs findings, news reports, DOJ investigations.
3. Final Policymaker Decision
A single decision by a final policymaker can create municipal liability.
Example: The police chief personally authorizes a warrantless raid.
Proof: Identify who has final authority under state/local law and show they made the decision.
4. Failure to Train or Supervise
When the municipality’s failure to train or supervise its employees amounts to deliberate indifference to constitutional rights.
Example: A city never trains officers on when force is permitted, despite repeated excessive force incidents.
Proof: Show (a) the training was inadequate, (b) the inadequacy was obvious and likely to result in violations, and (c) the inadequacy actually caused the violation. City of Canton v. Harris, 489 U.S. 378 (1989).
Why Sue the City?
- Money: Individual officers may be judgment-proof. Cities have insurance and tax revenue.
- No qualified immunity: Municipalities cannot assert qualified immunity. Owen v. City of Independence, 445 U.S. 622 (1980).
- Systemic change: Municipal liability is the path to policy reforms, consent decrees, and institutional accountability.
Key Cases
- Monell v. Dep’t of Social Services, 436 U.S. 658 (1978) — Municipal liability framework
- City of Canton v. Harris, 489 U.S. 378 (1989) — Failure to train
- Owen v. City of Independence, 445 U.S. 622 (1980) — No QI for municipalities
- Board of County Commissioners v. Brown, 520 U.S. 397 (1997) — Single hiring decision standard