Liability Against Municipalities Under Section 1983 as a Claim in New York

Section 1983 of Title 42 of the United States Code is a federal law that allows individuals to sue state and local government actors for violating their constitutional rights. While many lawsuits under this law target individual government employees, a city or municipality can also be held liable—but only under strict conditions. The United States Supreme Court laid out these rules in a landmark case called Monell v. Department of Social Services. In New York, courts follow the Monell standard, and a plaintiff must meet three specific requirements to hold a municipality accountable under Section 1983.

An Official Policy or Custom

The first and most important requirement is that the municipality had an official policy or a long-standing custom that led to the harm. This does not necessarily mean a written rule. A policy can be a decision made by a high-ranking official, like a mayor or police commissioner. A custom, on the other hand, could be a pattern of behavior so common that it effectively becomes the way things are done, even if it’s never put in writing. For example, if a police department routinely ignores complaints about excessive force, and that behavior is known and tolerated by supervisors, that could qualify as a custom under Section 1983.

The Policy or Custom Caused the Violation

The plaintiff must also show that the municipality’s policy or custom directly caused the violation of their rights. This means there must be a clear connection between what the government entity did—or allowed to happen—and the harm suffered. It is not enough to show that the plaintiff was harmed while interacting with a city employee. The injury must be tied to the broader practice or policy of the government body.

A Denial of a Constitutional Right

Lastly, the plaintiff must prove that a constitutional right was actually violated. Section 1983 only covers violations of rights guaranteed by the Constitution or federal law. Common examples include the right to free speech, protection against unreasonable searches and seizures, or the right to due process. Without a clear violation of one of these rights, a Section 1983 claim against a municipality will fail.

Conclusion

Suing a municipality under Section 1983 is not easy. A city or town cannot be held liable just because an employee acted improperly. The law requires proof of an official policy or widespread custom, a clear link between that policy and the harm caused, and an actual violation of constitutional rights. These strict requirements help ensure that local governments are only held responsible when their own practices or leadership decisions directly cause unlawful harm. Anyone thinking of bringing a Section 1983 claim against a municipality should carefully assess whether all three elements can be met.

Find the Law

“To recover on a § 1983 claim against a municipality, a plaintiff must specifically plead and prove three elements: 1) an official policy or custom that 2) causes plaintiff to be subjected to 3) a denial of a constitutional right (see Monell, 436 US 658; Batista v Rodriguez, 702 F2d 393 [2d Cir 1984]). Monell requires that plaintiff both plead and prove each element including that the City has adopted an official policy or custom (id. at 690).” Taylor v. City of N.Y., 2020 N.Y. Slip Op. 30423, 4 (N.Y. Sup. Ct. 2020)