MONELL V. DEPARTMENT OF SOCIAL SERVICES
436 U.S. 658 (1978)
NATURE OF THE CASE: Monell (P) appealed adverse decisions that Department (D) was not
liable or subject to suits under 42 U. S. C. 1983.
FACTS: Monell (P), a class of female employees of the Department of Social Services and
of the Board of Education of the city of New York (Ds), commenced this action under 42 U. S.
C. 1983 because Ds compelled pregnant employees to take unpaid leaves of absence before
such leaves were required for medical reasons. The suit sought injunctive relief and back
pay for periods of unlawful forced leave. The District Court held moot P's 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. Ps' prayers for back pay were denied because any such damages would come
ultimately from the city of New York and, therefore, to hold otherwise would be to
'circumven[t]' the immunity conferred on municipalities by Monroe v. Pape. Ps appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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