NEWPORT v. FACT CONCERTS, INC.

No. 80-396.

453 U.S. 247 (1981)

CITY OF NEWPORT ET AL. v. FACT CONCERTS, INC., ET AL.

Supreme Court of United States.

Decided June 26, 1981.


Attorney(s) appearing for the Case

Guy J. Wells argued the cause and filed briefs for petitioners.

Leonard Decof argued the cause and filed a brief for respondents.*

Briefs of amici curiae were filed for the ACLU Foundation, Southern California, et al. by Fred Okrand and Lynette Labinger; and for the State of Washington et al. by Kenneth O. Eikenberry, Attorney General of Washington, Malachy R. Murphy, Deputy Attorney General, and Thomas R. Bjorgen, Assistant Attorney General; Charles A. Graddick, Attorney General of Alabama; Wilson L. Condon, Attorney General of Alaska; Robert K. Corbin, Attorney General of Arizona; Carl R. Ajello, Attorney General of Connecticut; Tany S. Hong, Attorney General of Hawaii; Linley E. Pearson, Attorney General of Indiana; Warren R. Spannaus, Attorney General of Minnesota; Michael T. Greely, Attorney General of Montana; Rufus L. Edmisten, Attorney General of North Carolina; Leroy S. Zimmerman, Attorney General of Pennsylvania; Dennis J. Roberts II, Attorney General of Rhode Island; Mark V. Meierhenry, Attorney General of South Dakota; Mark White, Attorney General of Texas; John J. Easton, Attorney General of Vermont; Chauncey H. Browning, Attorney General of West Virginia; John D. Troughton, Attorney General of Wyoming; Edward Thompson, Jr.; and Ross D. Davis.


JUSTICE BLACKMUN delivered the opinion of the Court.

In Monell v. New York City Dept. of Social Services, 436 U.S. 658 (1978), this Court for the first time held that a local government was subject to suit as a "person" within the meaning of 42 U. S. C. § 1983. Aside from concluding that a municipal body was not wholly immune from civil liability, the Court had no occasion...

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