Section 8.3 No Immunity for School Boards

• Library: School Law (2003 Ed. + 2016 Supp)

C. (§8.3) No Immunity for School Boards

In 1961, the United States Supreme Court held that local governments, including school boards, could not be sued under 42 U.S.C. § 1983 to recover damages for constitutional deprivations caused by the actions of their public officers. Monroe v. Pape, 365 U.S. 167 (1961). In other words, the 42 U.S.C. § 1983 actions for damages could be brought only against the individual officer or employee who caused the injury. In 1978, the United States Supreme Court, in Monell v. Department of Social Services of City of New York, 436 U.S. 658 (1978), reversed its earlier decision and declared that, under certain circumstances, a local governmental body could also be sued under 42 U.S.C. § 1983 and be required to pay damages. The Court held that a local governmental body may be required to pay money damages under 42 U.S.C. § 1983 if the violation of the plaintiff’s constitutional rights is caused by the body’s official custom, policy, or practice. A school board can be ordered to pay money damages, for example, to a teacher whose contract was not renewed for reasons that violated her first amendment rights. See Stoddard v. Sch. Dist. No. 1, Lincoln County, Wyo., 590 F.2d 829 (10^th Cir. 1979).

But the Monell, 436 U.S. 658, Court held that a school board would not be liable for a federal rights violation caused solely...