Summary
The Supreme Court held that a municipality may be liable under 42 U.S.C. § 1983 for a single decision made by an official with final authority to establish municipal policy concerning the relevant subject matter. The Court concluded that the Hamilton County Prosecutor acted as a final policymaker when he ordered deputies to forcibly enter the petitioner's clinic, and it reversed the dismissal of the county-liability claim.
Topics
Practice areas
Questions Presented
- Whether a single decision by an official with final authority to establish municipal policy can constitute official policy sufficient to impose municipal liability under 42 U.S.C. § 1983.
- Whether the Hamilton County Prosecutor's decision to order forcible entry into Pembaur's clinic was a county policy decision that directly caused the Fourth Amendment violation.
Holdings
- Municipal liability under § 1983 may attach to a single decision when the decision is a deliberate choice among alternatives made by the official or officials responsible for establishing final policy concerning the subject matter.
- Hamilton County could be held liable under § 1983 because the county prosecutor, acting as the county's final decisionmaker under the circumstances and pursuant to delegated authority, deliberately ordered the forcible entry that directly caused the Fourth Amendment violation.
Key quotations
“We hold that municipal liability under §1983 attaches where — and only where — a deliberate choice to follow a course of action is made from among various alternatives by the official or officials responsible for establishing final policy with respect to the subject matter in question.” (475 U.S. at 483-484)
“With this understanding, it is plain that municipal liability may be imposed for a single decision by municipal policymakers under appropriate circumstances.” (475 U.S. at 480)
“In ordering the Deputy Sheriffs to enter petitioner's clinic the County Prosecutor was acting as the final decisionmaker for the County, and the county may therefore be held liable under § 1983.” (475 U.S. at 485)
Factual background
Hamilton County deputy sheriffs went to Pembaur's medical clinic to execute capiases for two employees who had failed to appear before a grand jury. After Pembaur refused entry, the deputies consulted their supervisors and the county prosecutor, who instructed them to enter and obtain the witnesses; Cincinnati police then chopped down the clinic door and the deputies searched inside, detaining the wrong individuals. The entry violated the Fourth Amendment under Steagald v. United States, and Pembaur sued Hamilton County and others under § 1983.
Procedural history
Pembaur was convicted in Ohio state court of obstructing police after county deputy sheriffs and Cincinnati police forcibly entered his clinic while attempting to execute capiases for two employees. His federal § 1983 action against Hamilton County, Cincinnati, and individual officials was dismissed by the Southern District of Ohio. The Sixth Circuit affirmed dismissal of the Hamilton County claim but reversed dismissal of the Cincinnati claim. The Supreme Court granted certiorari limited to the Hamilton County claim and reversed.
Remand instructions
Remand for further proceedings consistent with the opinion, including consideration of Pembaur's § 1983 claim against Hamilton County.