McMillian v. Monroe County, 520 U.S. 781, 4 (1997)

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784

McMILLIAN v. MONROE COUNTY

Opinion of the Court

Investigation. Only two of the officials were sued in their official capacities—Sheriff Tate and investigator Ikner—and it is only these official-capacity suits that concern us here.1 Petitioner principally alleged that Tate and Ikner, in their capacities as officials of Monroe County, not as officers of the State of Alabama, intimidated Myers into making false statements and suppressed exculpatory evidence. App. to Pet. for Cert. 26a-33a; McMillian v. Johnson, 878 F. Supp. 1473, 1486-1488 (MD Ala. 1995).

The District Court dismissed the claims against Monroe County and the claims against Tate and Ikner in their official capacities. The court held that "any unlawful acts of Defendants Tate and Ikner cannot be said to represent [Monroe] County's policy," because "an Alabama county has [no] authority to make policy in the area of law enforcement." App. to Pet. for Cert. 55a. Petitioner appealed the District Court's decision as to Sheriff Tate. The Court of Appeals for the Eleventh Circuit affirmed, agreeing with the District Court that "Sheriff Tate is not a final policymaker for Monroe County in the area of law enforcement, because Monroe County has no law enforcement authority." McMillian v. Johnson, 88 F. 3d 1573, 1583 (1996). We granted certiorari, 519 U. S. 1025 (1996), and now affirm.

II

A

We held in Monell, 436 U. S., at 694, that a local government is liable under § 1983 for its policies that cause constitutional torts. These policies may be set by the government's lawmakers, "or by those whose edicts or acts may fairly be said to represent official policy." Ibid. A court's task is to

1 The claims against the defendants in their individual capacities have proceeded independently in the lower courts, with some of petitioner's claims surviving motions for summary judgment. See McMillian v. Johnson, 878 F. Supp. 1473, 1544-1545 (MD Ala. 1995).

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