oklahoma city tuttle argued january decided june officer petitioner city police force shot killed respondent husband outside bar robbery reported progress respondent brought suit federal district officer petitioner alleging actions deprived husband certain constitutional rights respect liability petitioner city trial judge informed jury petitioner held liable municipal policy caused deprivation instructed jury infer single unusually excessive use force attributable inadequate training supervision amounting deliberate indifference gross negligence part officials charge jury returned verdict favor officer petitioner awarded respondent damages rejecting petitioner claim jury instruction improper appeals held proof single incident unconstitutional activity police officer suffice establish municipal liability held judgment reversed reversed justice rehnquist delivered opinion respect part ii concluding question raised mentioned brief merits later oral argument late respondent argue jury instruction issue properly preserved petitioner failed object trial instruction question sufficient specificity satisfy federal rule civil procedure nonjurisdictional defects sort brought attention later respondent brief opposition within discretion deem defect waived pp justice rehnquist joined chief justice justice white justice delivered opinion respect part iii concluding instruction issue improperly instructed jury concerning standard imposing liability municipalities inference instruction unwarranted assumption act issue arose inadequate training assumption concerning state mind municipal policymakers importantly inference allowed plaintiff establish municipal liability without submitting proof single action taken municipal policymaker requirement monell new york city dept social services municipal liability imposed injuries inflicted pursuant government policy custom makes clear least requirement intended prevent imposition municipal liability circumstances wrong ascribed municipal decisionmakers fact case respondent introduced independent evidence inadequate training makes difference instruction allowed jury impose liability even believe respondent expert witness testimony police officer training inadequate must least affirmative link municipality policy particular constitutional violation alleged jury instruction allowed jury infer thoroughly nebulous policy inadequate training petitioner part single incident question time sanctioned inference policy cause incident pp justice brennan joined justice marshall justice blackmun concluded infer existence city policy misconduct single officer jury instruction allowed hold city liable basis policy amount permitting precisely theory strict respondeat superior liability rejected monell new york city dept social services supra may many ways proving existence municipal policy custom cause deprivation constitutional right scope liability permit liability imposed merely evidence wrongful actions single city employee authorized make city policy pp burck bailey argued cause filed brief petitioner carl hughes argued cause respondent brief levonne chambers eric schnapper michael turpen attorney general david lee assistant attorney general filed brief state oklahoma amicus curiae urging reversal burt neuborne charles sims filed brief american civil liberties union et al amici curiae urging affirmance justice rehnquist announced judgment delivered opinion respect part ii opinion respect part iii chief justice justice white justice joined monell new york city dept social services held municipalities persons subject damages liability ku klux act violations act visited municipal officials noted however municipal liability premised mere fact municipality employed offending official instead held municipal liability imposed injuries inflicted pursuant government policy custom noted time occasion address full contours municipal immunity expressly left development another day today take small necessary step toward defining contours october officer julian rotramel member oklahoma city police force shot killed albert tuttle outside club bar oklahoma city officer rotramel force months responded points bulletin indicating robbery progress club bulletin turn product anonymous telephone call caller reported robbery progress described robber reported robber gun parties stipulated trial tuttle placed call rotramel first officer reach bar testimony concerning happened thereafter sharply conflicting rotramel version entered bar tuttle walked toward rotramel grabbed tuttle arm requested stay within bar tuttle matched description contained bulletin rotramel proceeded question barmaid concerning reported robbery restrain tuttle leaving time grabbing tuttle arm holding barmaid testified told rotramel robbery occurred rotramel testified questioning barmaid tuttle kept bending towards boots attempting squirm officer grip tuttle finally broke away rotramel ignoring officer commands halt went outside rotramel cleared threshold outside door saw tuttle crouched sidewalk hands near boot rotramel ordered tuttle halt tuttle started come crouch rotramel discharged weapon rotramel testified trial believed tuttle removed gun boot life danger tuttle died gunshot wound boot removed hospital prior surgery toy pistol fell respondent rose marie tuttle albert tuttle widow administratrix estate brought suit district western district oklahoma rotramel city alleging actions deprived tuttle certain constitutional rights trial respondent introduced evidence concerning facts surrounding incident also adduced testimony expert police training practices expert testified based upon rotramel conduct incident question expert review oklahoma city police training curriculum opinion rotramel training grossly inadequate respondent introduced evidence rotramel member oklahoma city police force involved similar incident case presented jury theory rotramel act deprived tuttle life without due process law violated tuttle rights using excessive force apprehension app respect respondent suit rotramel individually jury charged rotramel entitled qualified immunity extent acted good faith reasonable belief actions lawful respondent also sought hold city liable monell presumably theory municipal custom policy led constitutional violations respect municipal liability trial judge instructed jury police officer denies person constitutional rights city employs officer liable denial right simply employment relationship circumstances city liable deprivation constitutional right official policy city causes employee city deprive person rights execution policy city may liable plaintiff contention policy existed relies upon allegations city grossly negligent training police officers failure supervise police officers failure review discipline officers plaintiff alleged failure city adequately supervise train review discipline police officers constitutes deliberate indifference constitutional rights decedent acquiescence probability serious police misconduct absent evidence supervisory indifference acquiescence prior matter conduct official policy impose liability federal civil rights act ordinarily inferred single incident illegality first excessive use force stop suspect single unusually excessive use force may sufficiently ordinary warrant inference attributable inadequate training supervision amounting deliberate indifference gross negligence part officials charge city held liable simple negligence furthermore plaintiff must show causal link police misconduct adoption policy plan defendant municipality emphasis supplied viewing instructions whole first determined trial properly instructed jury proof gross negligence required hold city liable inadequate training addressed petitioner contention trial nevertheless erred instructing jury petitioner held liable based proof single unconstitutional act distinguished cases indicating proof single incident required decided act plainly grossly negligent spoke positively issue lack training single incident rule considered absolute instruction issue therefore proper also referred independent evidence inadequate training concluded action coupled clearly inadequate training sufficient justify municipal liability granted certiorari appeals holding proof single incident unconstitutional activity police officer suffice establish municipal liability seemed conflict decisions courts appeals see languirand hayden wellington daniels cf owens haas reverse ii proceeding merits must address respondent procedural argument petitioner failed object trial single incident instruction sufficient specificity satisfy federal rule civil procedure therefore question preserved review disagree respondent first referred requirements rule one sentence brief merits time respondent even suggest single incident question preserved issue raised oral argument respondent filed supplemental postargument brief question respondent present protests obscure prior failures appeals petitioner argued proof single incident use unreasonable force insufficient justify municipal liability specifically referred trial instruction highlighted claim rejected merits appeals opinion even mention requirements rule seems clear respondent refer rule petition certiorari centered issue respondent brief opposition hint questions presented might properly preserved respondent attempt avoid question comes far late mean give short shrift provisions rule indeed respondent argument might prevailed made appeals think judicial economy served invoking rule point granted certiorari case received plenary consideration merits decision grant certiorari represents commitment scarce judicial resources view deciding merits one questions presented petition nonjurisdictional defects sort brought attention later respondent brief opposition petition certiorari consider within discretion deem defect waived granted certiorari review issue squarely presented decided appeals proceed decide cf lee iii respondent lawsuit brought pursuant although decided host cases statute recent years never hurt embark statutory construction act precise language mind statute every person color statute ordinance regulation custom usage state subjects causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress monell plaintiffs challenged defendant policy compelling pregnant employees take unpaid sick leave leave necessary medical reasons ground policy violated due process equal protection clauses fourteenth amendment since defendant municipal entity first addressed whether entity suable person term used analysis focused legislative history particular debate surrounding proposed sherman amendment ku klux act derived sherman amendment held municipalities responsible damage person property caused private persons riotously tumultuously assembled cong globe congress refusal adopt amendment reasons given basis holding monroe pape municipalities suable persons extensive analysis act legislative history led monell overrule part monroe principal objections sherman amendment voiced congress section appeared impose federal obligation keep peace requirement congressmen thought doubtful constitutionality event seemed place municipalities position insurers harms suffered within borders monell found concerns although fatal sherman amendment nevertheless consistent holding municipality liable violations fourteenth amendment monell emphasis supplied determined municipalities suable persons monell went discuss circumstances municipal liability imposed holding city held liable based upon theories akin respondeat superior based part upon language statute part upon rejection proposed sherman amendment mentioned noted imposes liability deprivations cause particular defendant hard find causation liability imposed merely employment relationship also considered congress rejection sherman amendment telling evidence municipal liability imposed municipality fault given legislative history monell held deprivations visited pursuant municipal custom policy lead municipal liability language tracks language statute also provides analysis imposing municipal liability monell went hold policy issue unquestionably moving force constitutional violation found district therefore occasion address full contours municipal liability may subsequent decisions added little monell formulation beyond reaffirming municipal policy must moving force constitutional violation polk county dodson cases construing monell courts appeals however served highlight full range questions subtle factual distinctions arise administering policy custom standard see bennett city slidell gilmere city atlanta reheard en banc january languirand development municipal liability somewhat sketchy state turn examine basis upon respondent seeks liability imposed upon city respondent claim district oklahoma city custom policy authorizing police force use excessive force apprehension suspected criminals jury instructed theory municipal liability rather respondent theory liability policy question city policy training supervising police officers policy resulted inadequate training constitutional violations alleged respondent brief says respondent offered direct evidence shooting caused municipal policies officer shot tuttle testified city training policies inadequate led tuttle death official chief police tuttle shot insisted shooting entirely consistent city policy brief respondent respondent proceeds argue question presented petitioner whether single isolated incident use excessive force police officer establishes official custom policy municipality truth presented record evidence official policy inadequate training might inferred incident giving rise tuttle death unfortunately respondent instruction given district allowed jury impose liability basis single incident without benefit additional evidence trial stated jury infer single unusually excessive use force attributable inadequate training supervision amounting deliberate indifference gross negligence part officials charge app think inference unwarranted first assumption act issue arose inadequate training second assumption concerning state mind municipal policymakers importantly inference allows plaintiff establish municipal liability without submitting proof single action taken municipal policymaker foregoing discussion origins monell policy custom requirement make clear least requirement intended prevent imposition municipal liability circumstances wrong ascribed municipal decisionmakers presumably jury draw stated inference even face uncontradicted evidence municipality scrutinized police applicant met highest training standards imaginable impose liability circumstances impose simply municipality hired one bad apple fact case respondent introduced independent evidence inadequate training makes difference instruction allowed jury impose liability even believe respondent expert read charge whole avoid difficulty nothing elsewhere charge detract jury perception impose liability based solely single incident indeed intent charge appeals held upholding appeals references independent evidence portions opinion thus irrelevant general verdict yields opportunity determining whether liability premised independent evidence solely inference sanctioned instruction cf stromberg california respondent contends monell suggests contrary result expressly provided official decision suffice establish liability although single decision often single victim app contention illustrates wide difference municipal policy issue monell policy alleged policy new york city department social services challenged monell policy terms compelled pregnant employees take mandatory leaves absence leaves required medical reasons policy violated constitutional rights pregnant employees reason decision cleveland board education lafleur obviously requires one application policy satisfy fully monell requirement municipal corporation held liable constitutional violations resulting municipality official policy however policy respondent seeks rely upon far nebulous good deal removed constitutional violation policy monell establish constitutional violation monell evidence needed statement policy municipal corporation exercise type policy upon respondent relies causal relation alleged constitutional violation susceptible easy proof first place word policy generally implies course action consciously chosen among various alternatives therefore difficult one sense even accept submission someone pursues policy inadequate training unless evidence adduced proves inadequacies resulted conscious choice proof policymakers deliberately chose training program prove inadequate second place limitation must placed establishing municipal liability policies unconstitutional test set monell become dead letter obviously one retreats far enough constitutional violation municipal policy identified behind almost harm inflicted municipal official example rotramel never killed tuttle oklahoma city policy establishing police force monell must taken require proof city policy different kind latter example claim sent jury theory particular violation caused municipal policy least must affirmative link policy particular constitutional violation alleged instructions allowed jury infer thoroughly nebulous policy inadequate training part municipal corporation single incident described earlier opinion time sanctioned inference policy cause incident approach provides means circumventing monell limitations altogether proof single incident unconstitutional activity sufficient impose liability monell unless proof incident includes proof caused existing unconstitutional municipal policy policy attributed municipal policymaker otherwise existence unconstitutional policy origin must separately proved policy relied upon unconstitutional considerably proof single incident necessary every case establish requisite fault part municipality causal connection policy constitutional deprivation charge upheld appeals jury properly imposed liability city based solely upon proof employed nonpolicymaking officer violated constitution decision appeals accordingly reversed footnotes actual question presented petition certiorari whether single isolated incident use excessive force police officer establishes official policy practice municipality sufficient render municipality liable damages pet cert federal rule civil procedure requires counsel objecting jury instruction stat distinctly matter objects grounds objection apparently objection instruction contained record consists statement make second objection honor particularly one oklahoma city language language light city oklahoma city single occurrence language tr trial correctly charged jury federal right constitutional right violated establish liability petitioner object trial description rights issue pass whether jury correctly charged aspect case facts case course similar facts tennessee garner ante recently held officer probable cause believe suspect poses threat serious physical harm either officer others constitutionally unreasonable prevent escape using deadly force ante jury verdict favor rotramel must based upon finding acted good faith reasonable belief legality actions note never held every instance use unreasonable force affecting arrest constitutes violation fourth amendment held circumstances deprivation life without due process law although apparently agreeing result reach light monell see post justice stevens dissent us overrule monell limitation municipal liability altogether see reason depart important established principle stare decisis question address involves statutory construction error may commit subject reversal congress cf burnet coronado oil gas brandeis dissenting addition law area taken enough turns recent years monell decided seven years ago decision course overruled monroe pape holding municipalities never subject suit one reason courts render decisions written opinions parties order conduct accordingly may assume decisions issues appropriately considered municipalities ordering financial affairs principle stare decisis gives rise supports legitimate expectations decision subject correction congress great disservice subvert concerns maintain law state flux note addition justice stevens position based substantially perception common law municipal liability time enacted means representative contemporary authorities majority dissenting opinions owen city independence recognized certain rather complicated municipal tort immunities existed time enacted see powell dissenting therefore somewhat surprised learn common law time applied doctrine respondent superior municipal corporations wrongful acts police officers post even cases known allow municipal liability time hardly support broad vicarious liability suggested dissent famous case thayer boston mass example spoke guarded language seems harmony limitations municipal liability expressed monell stated general rule corporation responsible unauthorized unlawful acts officers though done colore officii must appear expressly authorized acts city government done bona fide pursuance general authority act city subject relate either case act adopted ratified corporation one dictionary example defines policy definite course method action selected among alternatives light given conditions guide determine present future decisions webster ninth new collegiate dictionary express opinion whether policy unconstitutional general inadequate training alleged ever meet policy requirement monell addition even assuming policy suffice open question whether policymaker gross negligence establishing police training practice establish policy constitutes moving force behind subsequent unconstitutional conduct whether conscious decision part policymaker required regard condone loose language charge leaving jury determine whether alleged inadequate training likely lead police misconduct fact municipal policy might lead police misconduct hardly sufficient satisfy monell requirement particular policy moving force behind constitutional violation must least affirmative link training inadequacies alleged particular constitutional violation issue justice brennan justice marshall justice blackmun join concurring part concurring judgment agree single incident instruction ante properly us therefore join part ii justice rehnquist opinion although concur judgment reached today unable join balance plurality opinion monell new york city dept social services held municipalities like state actors subject liability policies subjec caus subjected citizen deprivation rights privileges immunities secured constitution agree plurality today must take small necessary step ante toward defining full contours municipal liability pursuant however believe plurality opinion needlessly complicates task process unsettles clarifies write separately suggest simpler explanation result given result case jury verdict favor respondent overturned useful keep mind respondent theory case respondent introduced two types evidence trial first respondent elicited testimony concerning circumstances surrounding tuttle killing included rotramel admission never saw weapon tuttle possession app evidence reasonable ground believe tuttle committed felony also included evidence rotramel made effort employ alternative measures apprehend tuttle second respondent introduced substantial direct evidence concerning alleged city grossly inadequate policies training supervising police officers expert testified rotramel training included minutes instruction answer calls concerning robbery progress although statistically one dangerous calls officer handle addition evidence rotramel little training enter blind building armed robbery progress whether wait backup unit arrive finally rotramel seemed believe inadequately trained respondent thus attempted two ways show city responsibility killing tuttle first respondent proposed prove rotramel killing tuttle egregiously accord accepted police practice jury infer killing alone city policies customs concerning training police grossly deficient blame incident second respondent hoped prove policy custom inadequate training means direct evidence scope nature training trial permitted respondent submit theories jury jury instructed single unusually excessive use force may sufficiently ordinary warrant inference attributable inadequate training supervision amounting deliberate indifference gross negligence part officials charge previously instructed deliberate indifference gross negligence part city sufficient prove existence city policy putting instructions together jury infer solely evidence concerning conduct single policeman single night city liable second theory jury instructed city held liable official policy results constitutional deprivations inferred acts omissions supervisory city officials policy proximate cause denial civil rights decedent ibid thus instructed jury returned verdict city way determine theory jury relied trial denied petitioner motion judgment notwithstanding verdict holding plaintiff brought forward sufficient evidence regarding inadequate training procedures warrant submission jury issue municipal liability believed considerably evidence presented fact rotramel young man shot someone deprivation civil rights tr discussing petitioner judgment motion explicitly noted impressed evidence presented case concerning curriculum methods lack supervision training appeals affirmed question presented petition certiorari hether single isolated incident use excessive force police officer establishes official policy practice municipality sufficient render municipality liable damages thrust petitioner argument improper instruct jury impose liability petitioner based solely evidence regarding rotramel actions night tuttle killing ii monell new york city dept social services held congress intend municipalities local government units included among persons applies emphasis original nonetheless recognized certain limits theories liability asserted municipality plurality correctly notes ante reading monell legislative history including rejection sherman amendment see led us conclude congress desired subject municipalities liability without regard whether local government way fault breach peace held damages therefore concluded city held liable vicarious liability respondeat superior theory suit liability violate evident congressional intent preclude municipal liability cases city fault congress intended broadly available compensate individuals violations constitutional rights see owen city independence monell supra municipality held liable plaintiff show city fault damage suffered make showing plaintiff must prove broad causal language statute policy custom city subjected caused subjected deprivation constitutional rights case plaintiff carries burden city liability mandated language legislative history underlying purposes agree plurality useful begin terms statute every person color statute ordinance regulation custom usage state subjects causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law three remaining elements cause action relevance respondent clearly established two monell municipality like oklahoma city undoubtedly person applies little doubt city actions establishing particular police training procedures actions taken color state law term commonly understood remaining question causation case involving municipal defendant causation element proved plaintiff may seen divided two parts first plaintiff must predicate recovery particular action taken city opposed action taken unilaterally nonpolicymaking municipal employee inquiry required monell plaintiff carry burden proving existence particular official municipal policy established custom case municipal policies involved set procedures training supervising police officers second plaintiff must prove policy custom subjected caused subjected deprivation constitutional right instruction question case permitted plaintiff carry burden proving policy custom merely introducing evidence concerning particular actions taken rotramel night october isolate defect instruction useful assume jury disbelieved rotramel testimony concerning inadequacy training rejected evidence presented respondent expert concerning content city police training supervision practices found unconvincing respondent independent documentary evidence concerning practices perhaps unlikely disbelief must assumed test instruction might permitted liability without evidence instruction question jury found city liable solely rotramel actions night question excessive ordinary jury finding liability based theory unduly threaten petitioner immunity respondeat superior liability single police officer may grossly outrageously recklessly misbehave course single incident misbehavior may given case fairly attributable various municipal policies customs either authorized police officer act authorize nonetheless moving force polk county dodson cause violation case city fault constitutional violation yet equally likely misbehavior attributable numerous factors city may responsible police officer unbalanced mental state obvious example cf brandon holt case city may well bear part fault incident may nothing city done avoid thus without evidence municipal policy custom independent police officer misconduct way knowing whether city fault infer existence city policy isolated misconduct single officer hold city liable basis policy amount permitting precisely theory strict respondeat superior liability rejected monell respondent objects monell owen city independence found municipality liable despite evidence showed single instance misconduct city argument depended premise municipal conduct resulted single incident immune liability agree respondent monell owen provide authority contrary rule city entitled first constitutional violation without incurring liability even first incident taking life innocent citizen legal anomaly unsupported legislative history policies underlying cause action available first victim policy custom foreseeably avoidably cause individual subjected deprivation constitutional right second subsequent victims exposing municipal defendant liability occurrence first incident hoped future incidents occur city argument however depend unlikely extravagant premise depends instead merely fact single incident police misbehavior single policeman insufficient sole support inference municipal policy custom caused incident inference comparable plaintiffs monell owen relied monell parties agreed city new york policy forcing women take maternity leave medically necessary policy course violated interest recognized cleveland board education lafleur owen municipality city council course dismissing plaintiff post chief police passed resolution releasing press material smeared reputation plaintiff doubt release information official action policy custom city thus crucial factor cases plaintiff introduced direct evidence city acted cases jury required draw inference concerning existence city policy let alone inference isolated conduct single nonpolicymaking city employee single occasion iii reasons given agree judgment case reversed may many ways proving existence municipal policy custom cause deprivation constitutional right scope liability permit liability imposed merely evidence wrongful actions single city employee authorized make city policy see monell new york city dept social services since monell course contours municipal liability become substantially clearer see newport fact concerts punitive damages permitted owen city independence qualified immunity available municipalities rotramel admitted time entered bar tuttle standing drink hand app also testimony bartender told rotramel robbery occurred rotramel conceded one bar told robbery occurred course nothing hinges whether policy custom inquiry seen part plaintiff burden prove causation whether instead seen independent element cause action included official decisions concerning following matters whether permit rookie police officers patrol alone rules govern whether police officer wait backup units entering situation much time emphasis placed training matters approach situations use firearms shoot kill respondent bore burden trial proving alleged deprivation constitutional rights killing tuttle resulted conscious choices ante made city concerning police training supervision rotramel police officer officials course may occupy sufficiently high policymaking roles action take color state law deemed official policy see monell execution government policy custom whether made lawmakers whose edicts acts may fairly said represent official policy inflicts injury government entity responsible respects analogous doctrine res ipsa loquitur ordinary tort cases certain circumstances ordinary tort cases may jury infer defendant fault fact injury certain type occurred see generally keeton dobbs keeton owen prosser keeton law torts ed purpose restriction course protect defendant liability case fault caused injury jury instruction question similarly permitted city held liable absent fault causation suggests may cases analogous res ipsa loquitur doctrine applies evidence surrounding given incident sufficient permit jury infer caused city policy custom distinction monell owen one hand instant case thus rather simple monell owen plaintiff introduced evidence official actions taken defendant municipality respondent course also introduced evidence concerning official actions taken city mostly centering city policies governing training supervision police officers however plurality points ante judgment must reversed case instructions permitted jury find city liable even jury believe direct evidence cf stromberg california understand see necessity metaphysical distinction policies unconstitutional cause constitutional violations see ante municipality takes actions whether type alleged monell owen case cause deprivation citizen constitutional rights available remedy plurality seems believe serious threat might submit jury theory municipal policy police department cause deprivation constitutional right ante course agree theory never submitted jury reason little presence municipality defendant case structure ordinary principles causation used throughout law torts recognize causation probably necessary condition liability never sufficient condition liability see generally prosser keeton law torts think principles sufficient avoid unusual theory liability suggested plurality justice stevens dissenting police officer engaged performance official duties entrusted civic responsibilities highest order mission protect life liberty property citizenry violates federal constitution performing mission believe federal law provides citizen remedy employer well remedy individual conclusion supported text legislative history holdings reasoning several major cases construing statute contrary conclusion rests nothing recent judicial fiat litigant asked decree frequently noted came onto books ku klux act april stat law especially important remedial measure drafted expansive language class potential defendants broadly defined words every person settled word person encompasses municipal corporations course true today corporate entities act human agents thus congress intended impose liability municipal corporations must intended make responsible least conduct agents time statute enacted doctrine respondeat superior well recognized common law several england employer held liable wrongful acts agents even acting contrary specific instructions rule specifically applied municipal corporations wrongful acts police officers always appropriate assume elected representatives like citizens know law equally appropriate assume authors civil rights act recognized rule respondeat superior apply species tort liability face admits immunities indeed repeatedly held construed incorporate doctrine absent specific provisions contrary consistently applied principle construction federal legislation enacted century legislative history ku klux act supports conclusion two reasons first fact nobody objected consistent view congress expected normal rules tort law applied enforcing second debate sherman amendment amendment imposed extraordinary novel form absolute liability municipalities indicates congress seriously considered imposing additional responsibilities municipalities without ever mentioning possibility lesser responsibility person rejection sherman amendment sheds light meaning statute fact extreme measure even considered indicates congress thought appropriate require municipal corporations share responsibility carrying commands fourteenth amendment greatest importance however nature wrong provides remedy act primarily designed provide remedy violations constitution wrongs serious kind plurality recognizes individual officer case engaged unconstitutional activity conduct individual characterized unconstitutional attributed employer fourteenth amendment application purely private conduct unless individual officer acts color official authority authorize recovery relationship employer makes appropriate treat conduct state action purposes constitutional analysis surely relationship equally justifies application normal principles tort law purpose allocating responsibility wrongful state action central holding monroe pape confirms analysis case city chicago rested entire defense claim individual officers acted ultra vires invaded petitioners home putting one side question whether city person within meaning act issue separated members whether liability attach without proof recurring custom usage terms today decision question whether necessary petitioners prove conduct police officers represented city official policy justice frankfurter vehement dissent held single incident constitute violation statute justice harlan statement opposing positions identifies central issue monroe one agree opinion abundantly clear one reason legislation passed afford federal right federal courts reason prejudice passion neglect intolerance otherwise state laws might enforced claims citizens enjoyment rights privileges immunities guaranteed fourteenth amendment might denied state agencies without certain congress meant deal anything abuses recurrent amount custom usage one agree brother frankfurter dissent congress intention taking whole field ordinary state torts crimes without certain enacting congress regarded actions official made possible position far serious ordinary state tort therefore matter federal concern ii plurality purports answer question statutory construction properly introduces quotation statutory text see ante opinion actually provides us interpretation word policy used part ii opinion monell new york city dept social services word policy appear text provides theme today decision plurality concludes proof single incident unconstitutional activity sufficient impose liability monell unless proof incident includes proof caused existing unconstitutional municipal policy policy attributed municipal policymaker otherwise existence unconstitutional policy origin must separately proved part ii monell contains dicta least persuasive kind justice powell noted separate concurrence language necessary holding may accorded less weight subsequent cases moreover also pointed owe somewhat less deference decision rendered without benefit full airing relevant considerations commentary respondeat superior monell responsive argument advanced either party even relevant actual holding moreover earlier decision monroe pape although petitioners explained appropriate apply doctrine respondeat superior litigation contrary argument advanced city thus views expressed part ii monell constitute judicial legislation blatant kind overruled earlier ironically also volunteered misconstruction word person monroe pape opinion monell simply held municipalities liable unconstitutional activities agents performed course official duties iii number decisions construing considered whether holding supported sound considerations policy case policy considerations support application doctrine respondeat superior normal tort litigation municipal corporations apply special force special quality interests stake interest providing fair compensation victim interest deterring future violations formulating sound municipal policy interest fair treatment individual officers performing difficult dangerous work militate favor placing primary responsibility municipal corporation contrary conclusion explained concern danger bankrupting municipal corporations concern surely legitimate one addressed congress perhaps imposing maximum limitations size potential recovery requiring purchase appropriate liability insurance rather moreover concern relevant law damages rather rules defining substantive liability every person covered injection litigation kind debate policy today decision engender complicate litigation process rather simple approach statute eliminate class litigation policy issues monell gratuitously engrafted onto statute greatest importance serve administration justice effectuate intent congress respectfully dissent monroe pape section reads every person color statute ordinance regulation custom usage state territory district columbia subjects causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress title provides person acts color state law deprive another constitutional right shall answerable person suit damages statute thus creates species tort liability face admits immunities argued applied stringently reads imbler pachtman footnotes omitted monell new york city dept social services noted contrary proposition announced part iii opinion monroe pape advanced respondent city chicago case indeed primary defense asserted behalf city neither city individual detectives liable officers conduct forbidden illinois law therefore ultra vires city take issue petitioners submission doctrine respondeat superior applied city compare brief petitioners monroe pape pp theory complaint circumstances alleged city liable acts police officers virtue respondeat superior brief respondents monroe pape indeed well understood corporations treated natural persons virtually purposes constitutional statutory analysis monell moreover municipal corporations routinely sued federal courts fact well known members congress footnotes omitted see louisville leston see also cowles mercer county wall thus william blackstone wrote following things servant may behalf master seem proceed upon principle master answerable act servant done command either expressly given implied nam qui facit per alium facit per se therefore servant commit trespass command encouragement master master shall guilty servant excused obey master matters honest lawful servants rob guests master bound restitution confidence reposed take care provide honest servants negligence kind implied consent robbery nam qui non prohibet cum prohibere possit jubet likewise drawer tavern sells man bad wine whereby health injured may bring action master although master expressly order servant sell person particular yet permitting draw sell impliedly general command blackstone commentaries may observe cases put master may frequently loser trust reposed servant never gainer may frequently answerable servant misbehaviour never shelter punishment laying blame agent reason still uniform wrong done servant looked upon law wrong master standing maxim man shall allowed make advantage wrong limpus london general omnibus hurl exchequer chamber held owner omnibus company liable injury inflicted rival omnibus company driver violated defendant specific instructions judge willes wrote well known virtually remedy driver omnibus therefore necessary injury resulting act done course master service master responsible remedy person capable paying damages injured improper driving may said part duty defendants servant obstruct plaintiff omnibus moreover servant distinct instructions obstruct omnibus whatever opinion instructions immaterial disobeyed law casts upon master liability act servant course employment law futile allow master giving secret instructions servant discharge liability therefore consider immaterial defendants directed servant act suppose master told servant break law exempt master responsibility unlawful act done servant course employment see allen city decatur stated governmental corporations highest lowest commit wrongful acts authorized agents responsible question responsibility shall enforced obvious answer courts justice law sued action sounding tort lie corporation though formerly doubted seems well settled questioned yarborough bank england east smith birmingham gas light adolph ellis seems sufficient ground distinction respect cities towns corporations clark washington wheaton baker boston pick whether particular act operating injuriously individual authorized city previous delegation power general special subsequent adoption ratification particular acts question fact left jury decided evidence case general rule corporation responsible unauthorized unlawful acts officers though done colore officii must appear expressly authorized acts city government done bona fide pursuance general authority act city subject relate either case act adopted ratified corporation emphasis added officers town acting agents tortious act honest view obtain public lawful benefit advantage reason justice require town corporate capacity liable make good damage sustained individual consequence acts thus done hawks charlemont mass johnson municipality one la ann louisiana affirmed damages judgment city illegal detention jail plaintiff slave course decision acknowledged correctness following statement liability municipal corporations acts agent general rule well settled day seriously questioned ibid cannon university chicago imbler pachtman passage language taken worth quoting full well settled tort liability created understood historical vacuum civil rights act congress created federal remedy person acting color state law deprives another constitutional rights one important assumption underlying decisions area members congress familiar principles including defenses previously recognized ordinary tort litigation likely intended principles obtain absent specific provisions contrary newport fact concerts newport noted given municipal immunity punitive damages well established common law proceed familiar assumption congress specifically provided wished abolish doctrine pierson ray nothing legislative debates suggests enacting civil rights act congress intended abolition see briscoe lahue associated general contractors carpenters monroe pape referring course senator edmunds chairman senate committee judiciary stated first section one believe nobody objects monell ante shelley kraemer correctly noted since decision civil rights cases principle become firmly embedded constitutional law action inhibited first section fourteenth amendment action may fairly said amendment erects shield merely private conduct however discriminatory wrongful see supra harlan concurring notwithstanding absence word policy statute plurality makes remarkable statement custom policy language tracks language statute ante ante monell ibid compare brief petitioners brief respondents monell new york city dept social services dicta part ii monell reason join part ii opinion express views expressing today see stevens concurring part today plurality deems appropriate characterize discussion respondeat superior holding see ante thus one ipse dixit used describe another see supra plurality principal response dissent based doctrine stare decisis see ante doctrine however apply part ii monell part opinion wholly irrelevant ratio decidendi case see carroll lessee carroll cohens virginia wheat often true justice cardozo provided us proper response good deal mystery judges persons world put faith dicta cardozo nature judicial process see newport fact concerts owen city independence cf marbury madison cranch essence civil liberty certainly consists right every individual claim protection laws whenever receives injury one first duties government afford protection one observer stated great advantage police compliance law helps create atmosphere conducive community respect officers law turn serves promote enforcement law set example lawful conduct position set lines communication community gain support traynor lawbreakers courts journal state bar california public servant conscientiously job best ability rarely ever exposed risk damage liability procunier navarette stevens dissenting dobbs handbook law remedies law judicial remedies concerns nature scope relief given plaintiff followed appropriate procedure established substantive right law remedies thus sharply distinguished law substance procedure