Collins v. Harker Heights, 503 U.S. 115, 6 (1992)

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120

COLLINS v. HARKER HEIGHTS

Opinion of the Court

Due Process Clauses of the Fourteenth Amendment, and other provisions of the Federal Constitution afford protection to employees who serve the government as well as to those who are served by them, and § 1983 provides a cause of action for all citizens injured by an abridgment of those protections. Neither the fact that petitioner's decedent was a government employee nor the characterization of the city's deliberate indifference to his safety as something other than an "abuse of governmental power" is a sufficient reason for refusing to entertain petitioner's federal claim under § 1983.

Nevertheless, proper analysis requires us to separate two different issues when a § 1983 claim is asserted against a municipality: (1) whether plaintiff's harm was caused by a constitutional violation, and (2) if so, whether the city is responsible for that violation. See Oklahoma City v. Tuttle, 471 U. S. 808, 817 (1985) (opinion of Rehnquist, J.); id., at 828-829 (opinion of Brennan, J., concurring in part and concurring in judgment). Because most of our opinions discussing municipal policy have involved the latter issue, it is appropriate to discuss it before considering the question whether petitioner's complaint has alleged a constitutional violation.

II

Section 1983 provides a remedy against "any person" who, under color of state law, deprives another of rights protected by the Constitution.3 In Monell, the Court held that Congress intended municipalities and other local government entities to be included among those persons to whom § 1983 applies. 436 U. S., at 690. At the same time, the Court

3 The section states, in relevant part: "Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. . . ." 42 U. S. C. § 1983.

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