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

Mr. Justice Brennan delivered the opinion of the Court.

Petitioners, a class of female employees of the Department of Social Services and of the Board of Education of the city of New York, commenced this action under 42 U. S. C. § 1983 in July 1971.[1] The gravamen of the complaint was that the [*661] Board and the Department had as a matter of official policy compelled pregnant employees to take unpaid leaves of absence before such leaves were required for medical reasons.[2] Cf. Cleveland Board of Education v. LaFleur, 414 U. S. 632 (1974). The suit sought injunctive relief and backpay for periods of unlawful forced leave. Named as defendants in the action were the Department and its Commissioner, the Board and its Chancellor, and the city of New York and its Mayor. In each case, the individual defendants were sued solely in their official capacities.[3]

On cross-motions for summary judgment, the District Court for the Southern District of New York held moot petitioners’ claims for injunctive and declaratory relief since the city of New York and the Board, after the filing of the complaint, had changed their policies relating to maternity leaves so that no pregnant employee would have to take leave unless she was medically unable to continue to perform her job. 394 F. Supp. 853, 855 (1975). No one now challenges this conelu [*662] sion. The court did conclude, however, that the acts complained of were unconstitutional under LaFleur, supra. 394 F. Supp., at 855. Nonetheless plaintiffs’ prayers for backpay were denied because any such damages would come ultimately from the city of New York and, therefore, to hold otherwise would be to “circumvenft]” the immunity conferred on municipalities by Monroe v. Pape, 365 U. S. 167 (1961). See 394 F. Supp., at 855.