Monell v. New York City Dept. of Social Servs.

Mr. Justice Rehnquist, with whom The Chief Justice joins,

dissenting.

Seventeen years ago, in Monroe v. Pape, 365 U. S. 167 (1961), this Court held that the 42d Congress did not intend to subject a municipal corporation to liability as a “person” within the meaning of 42 U. S. C. § 1983. Since then, the Congress has remained silent, but this Court has reaffirmed that holding on at least three separate occasions. Aldinger v. Howard, 427 U. S. 1 (1976); City of Kenosha v. Bruno, 412 U. S. 507 (1973); Moor v. County of Alameda, 411 U. S. 693 (1973). See also Mt. Healthy City Board of Ed. v. Doyle,…