monell new york city dept social services argued november decided june petitioners female employees department social services board education city new york brought class action department commissioner board chancellor city new york mayor provides every person color statute ordinance regulation custom usage state subjects causes subjected person deprivation federally protected rights privileges immunities shall civilly liable injured party case individual defendants sued solely official capacities gravamen complaint board department matter official policy compelled pregnant employees take unpaid leaves absence leaves required medical reasons district found petitioner constitutional rights violated held petitioners claims injunctive relief mooted supervening change official maternity leave policy held monroe pape barred recovery backpay department board city addition avoid circumvention immunity conferred monroe district held natural persons sued official capacities officers local government also enjoy immunity conferred local governments decision appeals affirmed similar theory held monroe pape supra examining legislative history civil rights act codified particularly rejection sherman amendment held congress doubted constitutional authority impose civil liability municipalities therefore intended include municipal bodies within class persons subject act legislative history compels conclusion congress thought constitutionally infirm applied local governments addition history confirms local governments intended included among persons applies accordingly monroe pape overruled insofar holds local governments wholly immune suit pp local governing bodies local officials sued official capacities therefore sued directly monetary declaratory injunctive relief situations action alleged unconstitutional implements executes policy statement ordinance regulation decision officially adopted promulgated whose edicts acts may fairly said represent official policy addition local governments like every person may sued constitutional deprivations visited pursuant governmental custom even though custom received formal approval government official channels pp hand language legislative history compel conclusion congress intend local government held liable solely employs tortfeasor words local government held liable respondeat superior theory pp considerations stare decisis counsel overruling monroe pape insofar inconsistent opinion pp monroe pape departed prior practice insofar completely immunized municipalities suit moreover since reasoning monroe allow distinction drawn municipalities school boards many cases holding school boards liable actions inconsistent monroe especially principle case extended suits injunctive relief city kenosha bruno pp similarly extending absolute immunity school boards inconsistent several instances congress refused immunize school boards federal jurisdiction pp addition municipalities arranged affairs assumption violate constitutional rights indefinite period accordingly municipalities reliance interest support absolute immunity pp finally appears beyond doubt legislative history civil rights act monroe misapprehended meaning act unconstitutional local governments equally unconstitutional state local officers yet congress clearly intended apply officers agreed officers constitutionally subjected liability act also unquestionably intended provide remedy broadly construed forms official violation federally protected rights therefore without clear statement legislative history present justification excluding municipalities persons covered pp local governments sued entitled absolute immunity lest today decision drained meaning scheuer rhodes brennan delivered opinion stewart white marshall blackmun powell joined parts iii stevens joined powell filed concurring opinion post stevens filed statement concurring part post rehnquist filed dissenting opinion burger joined post oscar chase argued cause petitioners briefs nancy stearns jack greenberg eric schnapper kevin sheridan argued cause respondents brief bernard richland michael gottesman robert weinberg david rubin albert jenner robert murphy william caldwell filed brief national education assn et al amici curiae urging reversal justice brennan delivered opinion petitioners class female employees department social services board education city new york commenced action july gravamen complaint board department matter official policy compelled pregnant employees take unpaid leaves absence leaves required medical reasons cf cleveland board education lafleur suit sought injunctive relief backpay periods unlawful forced leave named defendants action department commissioner board chancellor city new york mayor case individual defendants sued solely official capacities summary judgment district southern district new york held moot petitioners claims injunctive declaratory relief since city new york board filing complaint changed policies relating maternity leaves pregnant employee take leave unless medically unable continue perform job supp one challenges conclusion conclude however acts complained unconstitutional lafleur supra nonetheless plaintiffs prayers backpay denied damages come ultimately city new york therefore hold otherwise circumven immunity conferred municipalities monroe pape see appeal petitioners renewed arguments board education municipality within meaning monroe pape supra event district erred barring damages award individual defendants appeals second circuit rejected contentions first held board education person performs vital governmental function significantly right determine funds appropriated shall spent final say deciding appropriations shall individual defendants however persons even sued solely official capacities yet damages award paid city held amenable action monroe pape damages action officials sued official capacities proceed granted certiorari case consider whether local governmental officials local independent school boards persons within meaning equitable relief nature back pay sought official capacities pet cert monroe pape held congress undertake bring municipal corporations within ambit sole basis conclusion inference drawn congress rejection sherman amendment bill became civil rights act stat precursor amendment held municipal corporation liable damage done person property inhabitants private persons riotously tumultuously assembled cong globe hereinafter globe although sherman amendment seek amend act although nature obligation created amendment vastly different created nonetheless concluded monroe congress must meant exclude municipal corporations coverage house voting sherman amendment solemnly decided judgment congress constitutional power impose obligation upon county town organizations mere instrumentality administration state law emphasis added quoting globe poland statement thought showed congress doubted constitutional power impose civil liability municipalities emphasis added doubt extended type civil liability fresh analysis debate civil rights act particularly case law side mustered support shows however monroe incorrectly equated obligation representative poland spoke civil liability overview immediately prior vote senate senator sherman introduced amendment amendment bill added end bill senate rules discussion amendment allowed although attempts made amend amendment passed introduced form amendment place liability municipal corporations made inhabitant municipality liable damage inflicted persons riotously tumultuously assembled house refused acquiesce number amendments made senate including sherman amendment respective versions therefore sent conference committee section bill however subject conference since noted passed verbatim introduced houses congress april first conference committee completed work main features conference committee draft sherman amendment first cause action given persons injured persons riotously tumultuously assembled together intent deprive person right conferred upon constitution laws deter punish exercising right reason race color previous condition servitude execution attachment mandamus garnishment proceeding aid execution applicable enforcement judgments municipal corporations judgment become lien well upon moneys treasury county city parish upon property thereof first conference substitute passed senate rejected house house opponents within whose ranks supported thought federal government consistent constitution obligate municipal corporations keep peace corporations neither obligated authorized state charters constitutional objection opponents sherman amendment unwilling impose damages liability nonperformance duty congress require municipalities perform position reflected representative poland statement quoted monroe house rejected first conference report second conference called duly issued report second conference substitute sherman amendment abandoned municipal liability instead made person persons knowledge conspiracy violate civil rights afoot power prevent aid preventing attempt stop liable person injured conspiracy amendment form adopted houses congress codified meaning legislative history sketched readily developed first considering debate report first conference committee debate shows conclusively constitutional objections raised sherman amendment holding monroe based see supra prohibited congressional creation civil remedy state municipal corporations infringed federal rights civil rights act state expressly municipal corporations come within ambit finally necessary interpret confirm corporations indeed intended included within persons section applies debate first conference report shellabarger began discussion stating domain constitutional law involved right consideration measure wholly unexplored globe app analogies however respect meaning fourteenth amendment particularly privileges immunities clause shellabarger relied statement justice washington corfield coryell cc ed defined privileges protected art iv fundamental privileges perhaps tedious difficult enumerate may however comprehended following general heads protection government mark protection government enjoyment life liberty right acquire possess property every kind pursue obtain happiness safety globe app emphasis added quoting congress always assumed enforce also persons every one provisions constitution provisions constitution restrain directly relate art relate divisions political powers state general governments prohibitions upon political powers nature even enforced courts declaring void state acts encroachment federal powers thus thus sufficiently enforced provisions constitution class secures rights liabilities persons within persons three first fugitives justice second fugitives service slaves third declaring citizens state shall entitled privileges immunities citizens several sir every one provisions deemed legislation required enforce constitutional provisions three rights liabilities persons persons directly provided congress legislation affirmatively interfered protect persons globe app building prigg shellabarger argued remedy municipalities counties appropriate hence constitutional method ensuring protection fourteenth amendment made every citizen federal right much clear adoption statutes several devices suppressing riot thus said shellabarger serious question remaining whether since county integer part state impose upon obligations keep peace obedience laws answered affirmatively citing board aspinwall first many cases upholding power federal courts enforce contract clause municipalities house opponents sherman amendment whose views particularly important since house voted amendment dispute shellabarger claim fourteenth amendment created federal right protection see supra argued local units government upon amendment fastened liability obligated keep peace state law federal government constitutionally require local governments create police forces whether requirement levied directly indirectly imposing damages breach peace municipalities complete statement position representative blair proposition known sherman amendment entirely new altogether without precedent country amendment claims power general government go union lay obligations may please upon municipalities creations alone ere proposed carry effect obligation rests upon municipality create obligation provision unable assent parallel hundred least meet case power laid obligation upon hundred first put duty upon hundred perform regard failing meet obligation laid upon proper suffer damage neglect certain rights duties belong certain powers inhere state governments create municipalities say powers shall obligations shall government step add obligations may utterly destroy municipality say shall liable damages occurring riot power stop obligations might lay upon municipality day decided collector day wall power government authority tax tax salary state officer simply power tax involves power destroy intent give government power destroy government respect held also case prigg pennsylvania pet within power congress lay duties upon state officer command state officer duty whatever ask difference commanding municipality equally creature state perform duty globe collector day cited blair clearest time debates recent pronouncement doctrine coordinate sovereignty blair stated placed limits even enumerated powers national government favor protecting state prerogatives held tax income day massachusetts state judge independence within legitimate spheres imperiled instrumentalities executed powers subject control another distinct government although day apparently rested holding part proposition taxing power acknowledges limits legislative body imposing tax cf mcculloch maryland wheat cases limited national powers order avoid interference prigg pennsylvania example justice story addition confirming broad national power legislate fugitive slave clause see supra held congress insist provide means carry effect duties national government justice mclean agreed general principle true congress power impose duties state officers provided act nonetheless wondered whether congress might impose positive duties state officers clause constitution like fugitive slave clause seemed require affirmative government assistance rather restraint government secure federal rights see justice mclean correct suggestion constitution envisioned affirmative government assistance officers instrumentalities required provide little doubt congress insisted municipalities afford positive action protection owed individuals fourteenth amendment whether municipalities obligated state law keep peace however argument largely foreclosed prigg made impossible holding kentucky dennison asked require dennison governor ohio hand lago fugitive justice wanted kentucky required act implemented art iv cl constitution chief justice taney writing unanimous refused enforce section act think clear federal government constitution power impose state officer duty whatever compel perform possessed power might overload officer duties fill time disable performing obligations state might impose duties character incompatible rank dignity elevated state municipal liability civil rights act created similar hobson choice might conclude monroe congress intended municipalities among persons section applied case first opponents expressly distinguished imposing obligation keep peace merely imposing civil liability damages municipality obligated state law keep peace violation fourteenth amendment representative poland example reasoning contract clause precedents indicated congress constitutionally confer jurisdiction federal courts entertain suits seeking hold municipalities liable using authorized powers violation constitution far civil rights act went presume state imposed duty keep peace upon municipality action allowed maintained courts ordinary restrictions jurisdiction enforcing liability existing contract state law courts widely different thing devolving new duty liability upon national government power either create destroy power control whatever globe duty imposed constitution usually state laws upon county protect people county commission offenses herein enumerated burning buildings injury property injury person police powers conferred upon counties corporations conferred upon cities qualified legislative power far cities concerned equal protection required afforded state imposed upon city state laws perhaps courts enforce performance counties control police second doctrine dual sovereignty apparently put limit power federal courts enforce constitution municipalities violated theory dual sovereignty set prigg quite understandable long federal courts vindicating federal constitution providing positive government action required protect federal constitutional rights question raised enlisting positive action limits principles announced dennison day well defined logic clear matter history must remembered rendered day also vigorously enforced contract clause municipalities enforcement effort included various forms positive relief ordering taxes levied collected discharge judgments constitutional infraction found thus federal judicial enforcement constitution express limits state power since done frequently must notwithstanding anything said dennison day permissible least long interpretation constitution left hands judiciary since civil rights act simply conferred jurisdiction federal courts enforce fourteenth amendment situation precisely analogous grant diversity jurisdiction contract clause enforced municipalities reason suppose opponents sherman amendment found constitutional barrier suits municipalities finally votes members congress opposed sherman amendment voted confirm liability imposed something different imposed amendment section without question used obtain damages judgment state municipal officials violated federal constitutional rights acting color law however purposes blair others recognized distinction constitutional magnitude officers agents including corporate agents state state instrumentalities state impeded matter sort instrumentality federal government sought assert power dennison day suits municipalities officers blair quite conscious extending cases applying municipal corporations nonetheless senator thurman gave exhaustive critique inter alia complaining applied state officers see globe app opposed sherman amendment latter prigg grounds agreed unequivocally constitutional voted must similarly believed constitutionality despite prigg dennison day debate civil rights bill representative shellabarger first explain function section provides civil remedy persons whose former condition may slaves also people color state law may deprived rights entitled constitution reason virtue national citizenship globe app act remedial aid preservation human liberty human rights statutes constitutional provisions authorizing statutes liberally beneficently construed strange civilized law monstrous rule interpretation decided everywhere else wise judicial interpretation largest latitude consistent words employed uniformly given construing statutes constitutional provisions meant protect defend give remedies wrongs people chief justice jay also story say power remedial nature much reason contend construed liberally generally adopted interpretation laws story constitution sec globe first section one believe nobody objects defining rights secured constitution assailed state law color state law merely carrying principles civil rights bill since become part constitution globe section simple really reenact constitution houses statements supporters corroborated congress enacting intended give broad remedy violations federally protected civil rights moreover since municipalities official acts equally natural persons create harms intended remedied since congress intended broadly construed reason suppose municipal corporations excluded sweep ex parte virginia home tel tel los angeles one need rely inference alone however debates show members congress understood persons include municipal corporations representative bingham example discussing bill explained drafted fourteenth amendment case barron mayor baltimore pet especially mind case city taken private property public use without compensation redress wrong globe app emphasis added bingham remarks clearly indicate view takings cities occurred barron redressable bill see globe app generally bingham remarks confirm bill logically vehicle congress provided redress takings since section provided civil remedy fourteenth amendment violations amendment unequivocally prohibited uncompensated takings given purpose beggars reason suppose congress exempted municipalities suit insisting instead compensation taking come officer individual capacity rather government unit benefit property taken addition well understood corporations treated natural persons virtually purposes constitutional statutory analysis always first considered question status corporations chief justice marshall writing denied corporations persons term used art iii judiciary act see bank deveaux cranch however deveaux doctrine unhesitatingly abandoned corporation created business particular state deemed intents purposes person although artificial person capable treated citizen state much natural person louisville letson emphasis added discussed globe usual meaning word person extend municipal corporations also evidenced act congress passed months civil rights act passed act provided acts hereafter passed word person may extend applied bodies politic corporate unless context shows words intended used limited sense act stat ii analysis legislative history civil rights act compels conclusion congress intend municipalities local government units included among persons applies local governing bodies therefore sued directly monetary declaratory injunctive relief action alleged unconstitutional implements executes policy statement ordinance regulation decision officially adopted promulgated body officers moreover although touchstone action government body allegation official policy responsible deprivation rights protected constitution local governments like every person terms statute may sued constitutional deprivations visited pursuant governmental custom even though custom received formal approval body official decisionmaking channels justice harlan writing said adickes kress congress included customs usages persistent widespread discriminatory practices state officials although authorized written law practices state officials well permanent well settled constitute custom usage force law hand language read background legislative history compels conclusion congress intend municipalities held liable unless action pursuant official municipal policy nature caused constitutional tort particular conclude municipality held liable solely employs tortfeasor words municipality held liable respondeat superior theory begin language originally passed ny person color law statute ordinance regulation custom usage state shall subject cause subjected person deprivation rights privileges immunities secured constitution shall law statute ordinance regulation custom usage state contrary notwithstanding liable party injured action law suit equity proper proceeding redress stat emphasis added equally important creation federal law respondeat superior raised constitutional problems associated obligation keep peace obligation congress chose impose thought imposition obligation unconstitutional day disagreement basis imposing liability employer torts employee sole nexus employer tort fact relationship see prosser law torts ed nonetheless two justifications tend stand first notion matter blameless employer appears individual case accidents might nonetheless reduced employers bear cost accidents see ibid harper james law torts pp second argument cost accidents spread community whole insurance theory see prosser supra first justification sort offered statutes like sherman amendment obligation make compensation injury resulting riot arbitrary enactment statutes affirmatory law reason passing statute secure perfect police regulation globe frelinghuysen justification obviously insufficient sustain amendment perceived constitutional difficulties reason suppose general liability imposed similar reason thought less constitutionally objectionable second justification similarly put forward justification sherman amendment look upon sherman amendment punishment mutual insurance butler justification insufficient sustain amendment conclude therefore local government may sued injury inflicted solely employees agents instead execution government policy custom whether made lawmakers whose edicts acts may fairly said represent official policy inflicts injury government entity responsible since case unquestionably involves official policy moving force constitutional violation found district see supra must reverse judgment occasion address address full contours municipal liability may attempted sketch much cause action local government apparent history act prior cases expressly leave development action another day iii although stated stare decisis force statutory analysis constitutional adjudication former situation congress correct mistakes legislation see edelman jordan never applied stare decisis mechanically prohibit overruling earlier decisions determining meaning statutes see continental gte sylvania burnet coronado oil gas brandeis dissenting collecting cases case place shoulders congress burden error girouard first monroe pape insofar completely immunizes municipalities suit departure prior practice see northwestern fertilizing hyde park cas cc nd city manchester leiby hannan city haverhill douglas city jeannette holmes atlanta municipalities defendants suits moreover constitutional defect led rejection sherman amendment distinguished municipalities school boards instrumentality state administration see supra reason cases decided monroe see supra holding school boards liable actions inconsistent monroe especially monroe immunizing principle extended suits injunctive relief city kenosha bruno although many cases jurisdiction questioned disregard implications exercise judicial authority assumed proper years brown shoe see bank deveaux cranch marshall decisions cited authority much weight show point neither occurred bar bench thus reaffirmed monroe without examination three occasions scarcely said monroe consistent warp woof civil rights law beyond question second principle blanket immunity established monroe cabined short school boards yet extension inconsistent recent expressions congressional intent wake decisions congress shown hostility decisions school boards indeed rejected efforts strip federal courts jurisdiction school boards moreover recognizing school boards often defendants school desegregation suits almost without exception suits congress twice passed legislation authorizing grants school boards assist complying decrees finally regard civil rights attorney fees awards act stat ed allows prevailing parties discretion suits obtain attorney fees losing parties senate stated efendants cases often state local bodies state local officials cases intended attorney fees like items costs collected either directly official official capacity funds agency control state local government whether agency government named party emphasis added footnotes omitted third municipalities assert reliance claim support absolute immunity justice frankfurter said monroe area commercial law presumably individuals may arranged affairs reliance expected stability decision dissenting part indeed municipalities simply arrange affairs assumption violate constitutional rights indefinitely since injunctive suits local officials prohibit arrangement scarcely need mentioned nothing monroe encourages municipalities violate constitutional rights even suggests violations anything completely wrong finally even stringent test propriety overruling statutory decision proposed justice harlan monroe appear beyond doubt legislative history statute monroe misapprehended meaning section concurring opinion overruling monroe insofar holds local governments persons may defendants suits clearly proper simply beyond doubt congress view law liability unconstitutional local governments equally unconstitutional state officers yet everyone proponents opponents alike knew applied state officers nonetheless stated constitutional see supra moreover doubt civil rights act intended provide remedy broadly construed forms official violation federally protected rights therefore absent clear statement legislative history supporting conclusion apply official acts municipal corporation simply present justification excluding municipalities persons covered reasons stated therefore hold stare decisis bar overruling monroe insofar inconsistent parts ii opinion iv since question whether local government bodies afforded form official immunity presented question decided petition briefed parties addressed courts express views scope municipal immunity beyond holding municipal bodies sued entitled absolute immunity lest decision bodies subject suit drained meaning scheuer rhodes cf bivens six unknown fed narcotics agents reasons stated judgment appeals reversed appendix opinion house tenement cabin shop building barn granary shall unlawfully feloniously demolished pulled burned destroyed wholly part persons riotously tumultuously assembled together person shall unlawfully force violence whipped scourged wounded killed persons riotously tumultuously assembled together offense committed deprive person right conferred upon constitution laws deter punish exercising right reason race color previous condition servitude every case inhabitants county city parish said offenses shall committed shall liable pay full compensation person persons damnified offense living widow legal representative dead compensation may recovered person representative suit competent jurisdiction district offense committed name person injured legal representative said county city parish execution may issued judgment rendered suit may levied upon property real personal person said county city parish said county city parish may recover full amount judgment costs interest person persons engaged principal accessory riot action competent jurisdiction globe house tenement cabin shop building barn granary shall unlawfully feloniously demolished pulled burned destroyed wholly part persons riotously tumultuously assembled together person shall unlawfully force violence whipped scourged wounded killed persons riotously tumultuously assembled together intent deprive person right conferred upon constitution laws deter punish exercising right reason race color previous condition servitude every case county city parish said offenses shall committed shall liable pay full compensation person persons damnified offense living widow legal representative dead compensation may recovered action case person representative competent jurisdiction district offense committed action name person injured legal representative said county city parish action parties committing acts may joined defendants payment judgment part thereof unsatisfied recovered plaintiff action may satisfied individual defendant therein within two months next recovery judgment upon execution duly issued individual defendant judgment returned unsatisfied whole part enforced county city parish execution attachment mandamus garnishment proceeding aid execution applicable enforcement judgments municipal corporations judgment shall lien well upon moneys treasury county city parish upon property thereof action may motion cause additional parties made therein prior issue joined end justice may done said county city parish may recover full amount judgment paid costs interest person persons engaged principal accessory riot action competent jurisdiction county city parish paying shall also subrogated plaintiff rights judgment ny person persons knowledge wrongs conspired done mentioned second section act committed power prevent aid preventing shall neglect refuse wrongful act shall committed person persons shall liable person injured legal representatives emphasis added footnotes plaintiffs alleged new york citywide policy forcing women take maternity leave fifth month pregnancy unless city physician head employee agency allowed additional two months work amended complaint app defendants deny stated policy changed suit instituted answer app plaintiffs alleged board policy requiring women take maternity leave seventh month pregnancy unless month fell last month school year case teacher remain end school term amended complaint app allegation denied answer app amended complaint app petitioners conceded department social services enjoys status new york city monroe purposes see milliken bradley dayton board education brinkman vorchheimer school district philadelphia east carroll parish school board marshall milliken bradley bradley richmond school board cleveland board education lafleur keyes school district denver san antonio school district rodriguez swann board education northcross memphis board education carter west feliciana parish school board alexander holmes county board education kramer union free school district tinker des moines independent school district monroe board raney board education green new kent county school board abington school district schempp goss board education mcneese board education orleans parish school board bush brown board education cleveland board education lafleur supra app keyes school district denver app swann board education pet cert northcross memphis board education tinker des moines independent school district supra mcneese board education supra however uphold monroe pape insofar holds doctrine respondeat superior basis rendering municipalities liable constitutional torts employees see part ii infra expressly declined consider policy considerations municipal liability see justice douglas author monroe suggested municipal exclusion might properly rest theory congress sought prevent financial ruin civil rights liability might impose municipalities see city kenosha bruno however view never shared see monroe pape moor county alameda debates support position globe briefly created certain federal crimes addition defined civil rights act stat aimed primarily ku klux klan section provided president send militia state wracked klan violence finally provided suspension writ habeas corpus enumerated circumstances primarily thought obtain klan violence rampant see cong globe app hereinafter globe globe see quoted appendix opinion infra ibid action recovery damages federal courts denominated suit county city parish damage occurred ibid execution judgment run property government unit however private property inhabitant ibid see globe quoted appendix opinion infra let people property southern understand make hue cry take necessary steps put lawless violence property holden responsible effect wholesome globe senator sherman apparently unconcerned conference committee substitute unlike original amendment place liability riot damage directly property instead placed local government presumably assumed taxes levied property inhabitants make locality whole according senator sherman law originally adopted england immediately norman conquest recently promulgated law geo ch see globe course debates appeared kentucky maryland massachusetts new york similar laws see shellabarger stevenson thurman butler municipal liability apparently common throughout new england see sherman senate opponents including number senators voted bill criticized sherman amendment imperfect impolitic rendering state statutes moreover drafter conference substitute construed protect rights protected constitution complete critique given senator thurman see globe see quoted supra see globe quoted appendix opinion infra see globe trumbull thurman willard indiana held giving effect civil rights act see smith moody ind following coryell one three state cases referred globe app shellabarger moreover act passed unlike prosecuted persons violated federal rights whether violation color official authority apparently theory ku klux klan violence infringing right protection defined coryell nonetheless opponents argued municipalities generally charged keeping peace hence police forces duty afford protection devolve municipality whatever agency state government charged state keeping peace see infra addition argued congress constitutionally add duties municipalities see infra art iv cl person charged state treason felony crime shall flee justice found another state shall demand executive authority state fled delivered removed state jurisdiction crime cl person held service labor one state laws thereof escaping another shall consequence law regulation therein discharged service labour shall delivered claim party service labour may due cl see globe see also sherman state may pass law making county responsible riot order deter crime may pass remedies see supra globe emphasis added compare statement representative poland remark upon holding monroe based see supra see gelpcke dubuque wall von hoffman city quincy wall riggs johnson county wall weber lee county wall supervisors rogers wall benbow iowa city wall supervisors durant wall see generally fairman history reconstruction reunion chs see globe others taking view similar representative blair included representative willard see representative poland see representative burchard see representative farnsworth see representative willard also took somewhat different position thought constitution allow federal government dictate manner state fulfilled obligation protection thought matter state discretion whether delegated peacekeeping power municipal county corporation sheriff etc doubt however federal government impose obligation imposed sherman amendment presumably enforced amendment municipal corporation peacekeeping obligation delegated see opponents sherman amendment senate agreed blair congress power pass sherman amendment fell outside limits national power implicit federal structure constitution recognized collector day wall however senate opponents focused amendment attempt obligate municipalities keep peace lien created amendment ran money property defendant municipality including property held public purposes jails courthouses opponents argued lien entered effect making impossible municipality function since one trade see globe stevenson casserly moreover everyone knew sound policy prevented execution public property since needed local government survive see ibid see also meriwether garrett recognizing principle public property municipality subject execution dillon law municipal corporations ed although arguments senate opponents appear correct analysis constitutional principles arguments relevant analysis constitutionality civil rights act since judgment section civil suit federal courts enforced pursuant state laws process acts see act may ch stat act may stat see supra addition cases discussed text see lane county oregon wall held federal legal tender acts construed require accept taxes tendered notes since might interfere legitimate state activity chief justice taney agreed state officers mentioned law bound execute duties imposed upon congress unless choose required law state state legislature power thinks proper prohibit act therefore must depend altogether execution upon officers named concurring part see supra enacted whenever executive authority state union shall demand person fugitive justice shall moreover produce copy indictment found charging person demanded committed treason felony crime certified authentic governor chief magistrate state whence person charged fled shall duty executive authority state territory person shall fled cause arrested secured cause fugitive delivered agent demanding state shall appear stat decided repeatedly congress impose duty state officer globe farnsworth see also kerr see davis ibid casserly thurman reciting logic day frelinghuysen kerr reciting logic day poland farnsworth also reciting logic day warren paul ind jones estate keep fifield close union bank hill smith short see globe davis ibid casserly see also cooley constitutional limitations see cases cited supra since granted unquestionably positive relief contract clause cases appears distinction sherman amendment cases former created positive obligation whereas latter imposed negative restraint instead distinction must violation constitution predicate positive relief contract clause cases whereas sherman amendment imposed damages without regard whether local government way fault breach peace held damages see supra one stated distinction expressly debates inference strong congressmen drawn distinction since explains representatives poland burchard willard see supra oppose amendment time saying federal government might impose damages local government defaulted duty keep peace also explains everyone agreed state municipal officer constitutionally held liable violations constitution see infra see globe hoar arthur sheldon lewis globe app thurman addition officers included among sued second conference substitute sherman amendment see globe exchange willard shellabarger constitutional objections second report see blair kerr burchard farnsworth command state officer duty whatever ask difference commanding municipality see globe app quoted infra moreover question limits prigg principle squarely presented ex parte virginia held dennison day principle federalism stand prohibit federal enforcement fourteenth amendment suits directed state officers see representative bingham author fourteenth amendment example declared bill purpose enforcement constitution behalf every individual citizen republic extent rights guarantied constitution globe app continued never right though power inflict wrongs upon free citizens denial full protection laws deny citizens equal protection laws deny rights citizens constitution except extent express limitations upon shown citizen remedy took property without compensation remedy restricted freedom press remedy restricted freedom speech remedy restricted rights conscience remedy dare say constitution amended nation law provide abuses denials right combinations persons action bill asserted fully assert mischief intended remedied asserted clearly assert belief duty congress redress mischief also asserted fully assert constitutional right congress legislate globe supporters quite clear act extended remedy state passed unconstitutional statute also officers state deliberately indifferent rights black citizens chief complaint systematic maladministration state law neglect refusal enforce provisions portion people denied equal protection whenever state facts clearly made believe fourteenth amendment empowers congress step provide justice persons thus denied equal protection garfield see also monroe pape section relates wholly civil suits whole effect give federal judiciary belong jurisdiction may constitutionally conferred upon grant never yet conferred upon authorizes person deprived right privilege immunity secured constitution bring action federal courts without limit whatsoever amount controversy limitation whatsoever upon terms employed bill comprehensive used globe app emphasis added see story commentaries constitution cooley ed indeed federal courts found obstacle awards damages municipalities takings see sumner philadelphia cas cc ed awarding damages costs city philadelphia nonetheless suits brought federal natural persons members corporation diverse citizenship parties litigation see cranch see supra see globe sherman shellabarger ounties cities corporations sorts years judicial conflict become thoroughly established individual person entity personal existence citizen individual inhabitant constitution take note endow faculty sue sued courts see northwestern fertilizing hyde park cas cc nd kent commentaries american law holmes ed see also maurice brock cc marshall government consequently body politic corporate apps brief petitioners monroe pape collecting state statutes defined municipal corporations bodies politic corporate also noted discernible reason persons injured municipal corporations able recover see considering effect act monroe however justice douglas apparently focusing word may stated definition person merely allowable mandatory one review legislative history dictionary act shows conclusion incorrect express reference legislative history definition person senator trumbull act sponsor discussed phrase words importing masculine gender may applied females emphasis added immediately precedes definition person stated object act get rid great deal verbosity statutes providing word used shall include females well males cong globe emphasis added certainly constitutional impediment municipal liability tenth amendment reservation nondelegated powers implicated judgment enforcing express prohibitions unlawful state conduct enacted fourteenth amendment milliken bradley see ex parte virginia reason national league cities usery irrelevant consideration case basis concluding eleventh amendment bar municipal liability see fitzpatrick bitzer lincoln county luning holding today course limited local government units considered part state eleventh amendment purposes since suits generally represent another way pleading action entity officer agent least eleventh amendment considerations control analysis holding today local governments sued necessarily decides local government officials sued official capacities persons cases local government suable name see also justice frankfurter statement nashville browning narrow conception jurisprudence confine notion laws found written statute books disregard gloss life written upon settled state practice establish state law equal protection clause write empty formalism constitution deeply embedded traditional ways carrying state policy petitioner complains often tougher truer law dead words written text support conclusion found legislative history indicated virtually discussion civil rights act however congress treatment sherman amendment gives clue whether desired impose respondeat superior liability primary constitutional justification sherman amendment necessary proper remedy failure localities protect citizens privileges immunities clause fourteenth amendment required see supra according sherman shellabarger edmunds amendment came play locality fault knowingly neglected duty provide protection see globe sherman edmunds shellabarger proponents amendment apparently viewed form vicarious liability unlawful acts citizens locality see butler whether intended amendment drafted impose species vicarious liability municipalities since construed impose liability even municipality know impending ensuing riot wherewithal anything indeed amendment held municipality liable even done everything power curb riot see supra globe stevenson thurman kerr willard first conference substitute rejected principally constitutional grounds see poland plain text second conference substitute limited liability power intervene ku klux klan violence neglect ed refuse see appendix opinion infra enacted act codified congress also rejected elements vicarious liability contained first conference substitute even accepting basic principle inhabitants community bound provide protection ku klux klan strictly speaking course fact congress refused impose vicarious liability wrongs private citizens conclusively establish similarly refused impose vicarious liability torts municipality employees nonetheless congress rejection form vicarious liability presented combined absence language easily construed create respondeat superior liability inference congress intend impose liability quite strong third justification often cited examination apparently insufficient justify doctrine respondeat superior see harper james liability follows right control actions tortfeasor decision rizzo goode appear decided mere right control without control direction exercised without failure supervise enough support liability see case cited monroe see consistent position local governments persons reached conclusion assuming immunities overrode cause action never law although many suits school boards also include private individuals parties principal defendant usually local board education school board milliken bradley powell concurring judgment moor county alameda city kenosha bruno aldinger howard heyday furor busing house senate refused adopt bills removed federal courts jurisdiction make decision enter judgment issue order requiring school board make change racial composition student body public school class public school students assigned conformity freedom choice system requiring school board transport students one public school another public school one place another place one school district another school district order effect change racial composition student body school place school district denying student right privilege attending public school class public school chosen parent student conformity freedom choice system requiring school board close school transfer students closed school school purpose altering racial composition student body public school precluding school board carrying effect provision contract member faculty public school operates specifying public school member faculty perform duties contract emphasis added spurred finding process eliminating preventing minority group isolation improving quality education children often involves expenditure additional funds local educational agencies access stat ed congress passed emergency school aid act section act ed authorizes assistant secretary make grant contract local educational agency hich implementing plan undertaken pursuant final order issued requires desegregation minority group segregated children faculty elementary secondary schools agency otherwise requires elimination reduction minority group isolation schools emphasis added upon entry final order local educational agency discrimination basis race color national origin violation fourteenth amendment constitution may allow prevailing party reasonable attorney fee part costs emphasis added attorney general shall institute civil action section title allows suit private parties attorney general redress discrimination public education gives appropriate education agency notice condition conditions judgment constitute violation part prohibitions discrimination public education section act ed provides termination busing finds defendant educational agency satisfied requirements fifth fourteenth amendments constitution whichever applicable continue compliance requirements thereof whether congress attempt fact effective subject hutto finney cert granted therefore express view note however justice harlan test expressly adopted moreover test based two factors stare decisis indications congressional acceptance earlier interpretation statute question explained second consideration present case useful purpose served attempt late date determine whether monroe correct facts similarly since case clearly involves official policy involve respondeat superior assay view cases relied aspect monroe overruled today moor county alameda city kenosha bruno aldinger howard decided correct view nothing say today affects conclusion reached moor see used create federal cause action otherwise provide one conclusion reached city kenosha see nothing suggest generic word person intended bifurcated application municipal corporations depending nature relief sought justice powell concurring join opinion express additional views cases history cited frequently monroe pape decided less two decades ago focusing new light decision widened access federal courts permitted expansive interpretations reach measure monroe exempted local governments liability time opened wide courthouse door suits officers employees entities even act pursuant express authorization oddness result weakness historical evidence relied monroe support well demonstrated opinion today yet gravity overruling part important decision prompts write addressing complaint alleging unconstitutional police conduct probably unauthorized actionable state law monroe treated congress rejection sherman amendment conclusive evidence intention immunize local governments liability statute constitutional injury reading light today thorough canvass legislative history clearly misapprehended meaning controlling provision monroe supra harlan concurring case involving formal written policies department social services board education city new york alleged conflict command due process clause cf cleveland board education lafleur decides reject wisdom merely comes late henslee union planters bank frankfurter dissenting demonstrates sherman amendment presented extreme example riot act legislation sought impose vicarious liability government subdivisions consequences private lawlessness implicated concerns marginal pertinence operative principle legislation person acting color state law may held liable affirmative conduct subjects causes subjected person deprivation federal constitutional statutory right many reasons defeat sherman proposal none supports monroe observation congress fundamentally antagonistic proposition government entities natural persons alike held accountable consequences conduct directly working constitutional violation opponents senate appear troubled primarily proposal unprecedented lien provision exposed even property held public purposes demands judgment lienors ante opposition house representatives focused largely sherman amendment attempt impose peacekeeping obligation municipalities constitution imposed affirmative duty many municipalities even empowered state law maintain police forces ante correctly rejects view legislative history produce anomalous result immunizing local government units monetary liability action directly causing constitutional deprivation even though actions may fully consistent thus remediable state law conduct government comes clearly within color state law language unlikely congress intended public officials acting command specific authorization government employer exclusively liable resulting constitutional injury elaborated part ii today opinion rejection sherman amendment best understood evidence congress acceptance rule absolute municipal immunity limitation statutory ambit actual wrongdoers rejection respondeat superior principle vicarious liability cf levin section municipal immunity doctrine geo thus clear public official may held liable damages actions found violate constitutional right qualified immunity see wood strickland procunier navarette today recognizes principle also applies local government implementation official policies established customs inflicts constitutional injury ii traditionally hesitant overrule prior constructions statutes interpretations rules stare decisis usually wise policy burnet coronado oil gas brandeis dissenting cautionary principle must give way countervailing considerations appropriate circumstances concur view case place shoulders congress burden error girouard usual case asked overrule precedent considerations stare decisis cut directions one hand series rulings municipalities counties persons purposes hand many decisions premised amenability school boards similar entities suits monroe progeny answered question never actually briefed argued whether municipality liable damages injuries direct result official policies theory complaint monroe circumstances alleged city liable acts police officers virtue respondeat superior brief petitioners respondents answered adoption petitioners position expose chicago every municipality civil rights act liability action based action contrary ordinances laws state part brief respondents thus ground decision monroe advanced either party broader necessary resolve contentions made case similarly moor county alameda petitioners asserted county vicariously liable acts deputies sheriff rejecting claim reaffirmed monroe reading statute challenge case holding monroe concerning status public entities county brief petitioners city kenosha bruno confront claim based conduct authorized state law direct cause claimed constitutional injury kenosha however raised issue city amenability suit initiative line cases monroe kenosha difficult reconcile principled basis parallel series cases assumed sub silentio local government entities sued full consideration question continued adhere monroe grave doubt cast upon exercise jurisdiction school boards see ante since principle blanket immunity established monroe cabined short school boards ante conflict squarely presented although independent basis jurisdiction many school board cases inclusion individual public officials nominal parties opinions make explicit reference school board party particularly discussions relief awarded see green county school board milliken bradley powell concurring judgment points ante nn congress focused specifically school board decisions several statutes thus exercise jurisdiction school boards perhaps premised considered holdings longstanding indeed predated monroe even one attempts explain away school board decisions involving suits may maintained board members official capacities injunctive relief either ex parte young post difficulty remains rationalizing relevant body precedents least two school board cases involved claims monetary relief cohen chesterfield county school board supp ed rev rev remanded tinker des moines independent school see also vlandis kline although point squarely presented claims damages maintained suits government entity suable cf edelman jordan moreover rationale kenosha disturbed avoid closing avenues injunctive relief constitutional violations local government appeals case suggested import analogy eleventh amendment fiction ex parte young approach however create tension kenosha require bifurcated application generic word person public officials depending nature relief sought public official sued official capacity carrying official policy person purposes injunctive relief person action damages holding avoids difficulty see ante finally continued adhere rule absolute municipal immunity long avoid question whether analogy decision bivens six unknown fed narcotics agents imply cause action directly fourteenth amendment subject limitations contained mt healthy city board ed doyle one aspect inquiry whether special factors counselling hesitation absence affirmative action congress bivens six unknown fed narcotics agents explicit congressional declaration persons injured municipality may recover money damages must instead remitted another remedy equally effective view congress light persuasive today decision debates difficulty inferring explicit congressional declaration municipal liability implementation official policies violation constitution rather constitutionalize cause action local government congress intended create better course confess error set record straight today iii difficult questions nevertheless remain another day substantial problems determining execution government policy custom said inflict constitutional injury government entity responsible ante case however involves formal written policies municipal department school board clear case also reserves decision availability qualified municipal immunity ante initial resolution question whether protection available common law municipal corporations see post principles support qualified municipal immunity context damages action left lower federal courts justice stevens concurring part since parts ii iv opinion merely advisory necessary explain decision join parts iii gravamen complaint monroe chicago police officers acting color state law conducted warrantless early morning raid ransacking private home although least one allegations complaint construed charge custom usage police department city chicago violate state law see frankfurter dissenting part hint theory brief petitioners pp feature case highlighted dispute divided whether complaint alleging police misconduct violation state law state judicial remedies available stated claim light statutory requirement conduct working injury color state law compare opinion harlan concurring frankfurter dissenting part view house opponents representatives poland burchard willard see ante municipality obligated state law keep peace held liable failure provide equal protection private violence seems improbable opposed imposition liability municipality affirmative implementation policies promulgated within proper sphere operation state law liability premised failure take affirmative action area outside contemplation charter sort liability imposed sherman amendment consequences activities actually undertaken within scope powers conferred state law view taken today consistent understanding congress unless context revealed limited definition word person may extend applied bodies politic corporate act stat also accords interpretation given word used senator sherman antitrust legislation bearing name see lafayette louisiana power light plurality opinion chattanooga foundry atlanta cf pfizer government india see continental gte sylvania machinists wisconsin emp rel braden judicial circuit griffin breckenridge boys markets retail clerks burnet coronado oil gas brandeis dissenting district monroe ruled municipality favor stating ince liability city chicago based doctrine respondeat superior since already held complaint fails state claim relief agents city claim relief city record appeals affirmed reason doctrine stare decisis advances two important values rational system law certainty legal principles ii wisdom conservative vision existing rules presumed rational subject modification time new thought seems appealing dissenting opinion justice rehnquist post cf holmes common law time law recognized necessity change lest rules simply persis blind imitation past holmes path law harv rev overruling prior precedent whether constitutional decision otherwise disserves extent value certainty think owe somewhat less deference decision rendered without benefit full airing relevant considerations premise canon interpretation language decision necessary holding may accorded less weight subsequent cases also recognize fact case confront squarely consequences holding inapplicable official municipal policies course mere fact issue argued briefed undermine precedential force considered holding marbury madison cranch cited dissent post case point recognition power invalidate legislation conformity constitutional command essential judgment marbury numerous subsequent occasions required apply full breadth marbury holding monroe hand rationale broader necessary meet contentions parties decide case principled manner language monroe dismissed dicta may take account fact simply confronted implications holding inapplicable official municipal policies appreciation implications prompted today legislative history measure aldinger howard reaffirmed monroe petitioner contest proposition counties excluded reach monroe question us concerned scope jurisdiction respect claim similarly parties mt healthy city board ed doyle seek ruling monroe extent complaints cases asserted claims individual defendants personal capacity well official capacity authority award relief requested suggestion opinions however practices issue anything official duly authorized policies justice rehnquist dissent makes strong argument ince monroe municipalities right expect held liable retroactively officers failure predict recognition new constitutional rights post reasonably may assumed municipalities already indemnify officials sued conduct within scope authority policy furthers important interest attracting retaining competent officers board members employees event possibility qualified immunity reserves decision may remove harshness liability failure predict often uncertain course constitutional adjudication seventeen years ago monroe pape held congress intend subject municipal corporation liability person within meaning since congress remained silent reaffirmed holding least three separate occasions aldinger howard city kenosha bruno moor county alameda see also mt healthy city board ed doyle today abandons long consistent line precedents offering justification elaborate canvass legislative history agree free disregard precedents considered maturely recently runyon mccrary powell concurring compelled dissent repeatedly recognized edelman jordan considerations stare decisis strongest confronts previous constructions legislation cases private parties shape conduct according settled construction law congress liberty correct mistakes statutory construction unlike constitutional interpretations whenever sees fit controlling principles best stated justice brandeis stare decisis usually wise policy matters important applicable rule law settled settled right commonly true even error matter serious concern provided correction legislation cases involving federal constitution correction legislative action practically impossible often overruled earlier decisions burnet coronado oil gas dissenting opinion footnotes omitted point view policy stare decisis applied matters statutory construction lesser extent indications congressional acceptance earlier interpretation require appear beyond doubt legislative history statute classic screws misapprehended meaning controlling provision departure decided cases justified concurring opinion omitted emphasis added moreover questions jurisdiction passed prior decisions sub silentio never considered bound subsequent case finally brings jurisdictional issue us indication later congress ever approved suit municipal corporation recent enactments civil rights attorney fees awards act stat ed explicitly deals civil rights act act provides attorney fees may awarded prevailing party action proceeding enforce provision sections title plainly language act enlarge parties suable substantive sections simply provides parties already suable may made liable attorney fees admits ante language senate report stating liability may imposed whether agency government named party suggests congress view purpose way inconsistent holding monroe assertion municipalities right act assumption violate constitutional rights indefinitely ante simply beside point since monroe municipalities right expect held liable retroactively officers failure predict recognition new constitutional rights doubt innumerable municipal insurance policies indemnity ordinances founded assumption wholly justifiable established principles stare decisis obliterate legitimate expectations without compelling justifications advanced significant departure prior practice agree justice powell view owe somewhat less deference decision rendered without benefit full airing relevant considerations ante private parties must able rely upon explicitly stated holdings without obliged peruse briefs litigants predict likelihood might change mind cast doubt upon cases marbury madison cranch forward explicit ground decision never actually briefed argued ante powell concurring introduce intolerable uncertainty law indeed marbury argument charles lee behalf applicants unlike arguments monroe reproduced reports anyone see devotes word question whether power invalidate statute duly enacted congress neither ground decision advanced secretary state madison evidently made appearance cranch recent landmark decisions appear likewise vulnerable brother powell analysis mapp ohio none parties requested overrule wolf colorado request amicus curiae marbury mapp countless decisions retain vitality despite obvious flaws necessary byproduct adversary system judges general public rely upon litigants present relevant considerations ante powell concurring undoubtedly latitude field constitutional interpretation surely free abandon settled statutory interpretation time new thought seems appealing thus task discern intent congress intent first expounded monroe followed consistently ever since esoteric branch law congressional silence might reasonably equated congressional indifference indeed year senate holding hearings bill sess remove municipal immunity recognized monroe cong rec daily ed circumstances disputed established principles stare decisis require pay highest degree deference prior holdings monroe may overruled unless demonstrated beyond doubt legislative history statute monroe misapprehended meaning controlling provision monroe harlan concurring must show congress rejecting sherman amendment concluded municipal liability unconstitutional also enacting intended impose liability satisfied showing made ii analysis meaning word person originally enacted ku klux klan act april stat must begin sherman amendment dictionary act latter act supplied rules construction legislation provided acts hereafter passed word person may extend applied bodies politic corporate unless context shows words intended used limited sense act stat factors however suggest congress enacted may well intended word person used limited sense monroe concluded true held commercial corporations louisville letson municipal corporations cowles mercer county wall citizens state within meaning jurisdictional provisions art iii congress however also knew label apply contexts since paul virginia wall held commercial corporations citizens within meaning privileges immunities clause art iv thus congress surely knew constitutional purposes corporations generally enjoyed different status different contexts indeed may presumed congress intended corporation enjoy status ku klux klan act fourteenth amendment since assured simple really reenact ed constitution cong globe remarks edmunds time enacted federal case consider status corporations fourteenth amendment concluded impeccable logic corporation neither citizen person insurance new orleans cas cc la furthermore state courts speak single voice regard tort liability municipal corporations although many members congress represented retained absolute municipal tort immunity see irvine town greenwood collecting earlier cases adopted currently predominant distinction imposing liability proprietary acts see generally harper james law torts early bailey mayor city new york hill nevertheless state ever held municipal corporations always liable tort precisely manner persons general remarks floor liberal purposes offer explicit guidance parties remedy enforced concedes representative bingham raised concern satisfied relief governmental bodies yet never directly related concern act indeed bingham stated outset propose discuss provisions bill detail cong globe app true word launched extended discourse beneficent purposes fourteenth amendment bingham clearly stated congress provide citizen state shall deprived property state law judgment state without compensation therefor never suggested power exercised finally bingham often advanced chief expositor fourteenth amendment duncan louisiana black concurring adamson california black dissenting nothing indicate colleagues placed greater credence theories see duncan supra harlan dissenting adamson supra frankfurter concurring thus lightly presumed today ante prima facie construed include bodies politic among entities sued neither dictionary act ambivalent state judicial decisions floor debate act gives indication member congress inkling used impose liability municipalities although senator thurman emphasizes ante expressed belief terms comprehensive used cong globe app examination lengthy remarks demonstrates never occurred impose imposed liability upon municipal corporations extended parade horribles old roman one act implacable opponents suggested state legislatures members congress state judges might held liable act ibid point debate idea designed impose tort liability upon cities counties surely raised additional outraged objection possibility placed squarely congress consideration sherman amendment congress squarely rejected probably correct rejection sherman amendment lead ineluctably conclusion congress intended municipalities immune liability circumstances nevertheless denied debate amendment explicit consideration municipal tort liability sheds considerable light congress understanding status municipal corporations context opponents amendment well aware municipalities subjected jurisdiction federal courts context suits enforce contracts cong globe remarks kerr expressed skepticism jurisdiction exercised cases sounding tort suppose judgment obtained section property found levy upon except courthouse levy sell section provides action tort action ex delicto county never entered contract state never authorized county assume liability sort imposed liability upon opinion simply absurd remarks farnsworth iii decision monroe pape fountainhead torrent civil rights litigation last years using vehicle courts articulated new previously unforeseeable interpretations fourteenth amendment time doctrine municipal immunity enunciated monroe protected municipalities limited treasuries consequences officials failure predict course constitutional jurisprudence none members foresee practical consequences today removal protection congress benefit advice every segment diverse nation equipped consider results drastic change law seems inevitable find necessary today decision affirm judgment appeals pointed mt healthy city board ed doyle existence claim relief jurisdictional purposes invoking even though existence meritorious constitutional claim similarly required order invoke jurisdiction see bell hood statutes cited ante make mention refer generally suits local educational agency noted appeals suits may maintained board members official capacities injunctive relief either ex parte young congress stop consider technically proper avenue relief merely responded fact relief granted practical result choosing avenue suggested petitioners subjection school corporations liability damages nothing recent congressional history even remotely supports result find somewhat ironic abandoning supposedly holding monroe brother powell relies heavily upon cases involving school boards although admits exercise jurisdiction perhaps premised considered holdings ante generally thought today provided avenue relief unconstitutional takings federal courts granted compensation state local governments resorted implied right action fifth fourteenth amendments richmond elks hall assn richmond redevelopment agency supp nd cal foster detroit since today abandons holding monroe chiefly strength bingham arguments indeed anomalous provide relief local government state seizes private property see ante fitzpatrick bitzer edelman jordan