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McMILLIAN v. MONROE COUNTY

No. 96-542.

520 U.S. 781 (1997)

McMILLIAN v. MONROE COUNTY, ALABAMA

United States Supreme Court.

Decided June 2, 1997.

Attorney(s) appearing for the Case

Bryan A. Stevenson argued the cause for petitioner. With him on the briefs was Robert B. McDuff.

Paul M. Smith argued the cause for respondent. With him on the brief were Donald B. Verrilli, Thomas J. Perrelli, James W. Webb, Kendrick E. Webb, Daryl L. Masters, and Bart Harmon.*

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Stevens, Souter, and Breyer, JJ., joined, p. 796.

Chief Justice Rehnquist delivered the opinion of the Court.

Petitioner sued Monroe County, Alabama, under Rev. Stat. § 1979, 42 U. S. C. § 1983, for allegedly unconstitutional actions taken by Monroe County Sheriff Tom Tate. If the sheriff's actions constitute county "policy," then the county is liable for them. Monell v. New York City Dept. of Social Servs., 436 U.S. 658

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