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- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- SUPREME COURT OF THE UNITED STATES
- --------
- No. 91-1657
- --------
- CHARLENE LEATHERMAN, et al., PETITIONERS v.
- TARRANT COUNTY NARCOTICS INTELLIGENCE
- AND COORDINATION UNIT et al.
- on writ of certiorari to the united states court
- of appeals for the fifth circuit
- [March 3, 1993]
-
- Chief Justice Rehnquist delivered the opinion of the
- Court.
- We granted certiorari to decide whether a federal court
- may apply a -heightened pleading standard--more
- stringent than the usual pleading requirements of Rule
- 8(a) of the Federal Rules of Civil Procedure-in civil
- rights cases alleging municipal liability under Rev. Stat.
- 1979, 42 U. S. C. 1983. We hold it may not.
- We review here a decision granting a motion to dismiss,
- and therefore must accept as true all the factual allega-
- tions in the complaint. See United States v. Gaubert, 499
- U. S. --, -- (1991). This action arose out of two
- separate incidents involving the execution of search
- warrants by local law enforcement officers. Each involved
- the forcible entry into a home based on the detection of
- odors associated with the manufacture of narcotics. One
- homeowner claimed that he was assaulted by the officers
- after they had entered; another claimed that the police
- had entered her home in her absence and killed her two
- dogs. Plaintiffs sued several local officials in their official
- capacity and the county and two municipal corporations
- that employed the police officers involved in the incidents,
- asserting that the police conduct had violated the Fourth
- Amendment to the United States Constitution. The stated
- basis for municipal liability under Monell v. New York
- City Dept. of Social Services, 436 U. S. 658 (1978), was
- the failure of these bodies adequately to train the police
- officers involved. See Canton v. Harris, 489 U. S. 378
- (1989).
- The United States District Court for the Northern
- District of Texas ordered the complaints dismissed,
- because they failed to meet the -heightened pleading
- standard- required by the decisional law of the Court of
- Appeals for the Fifth Circuit. 755 F. Supp. 726 (1991).
- The Fifth Circuit, in turn, affirmed the judgment of
- dismissal, 954 F. 2d 1054 (1992), and we granted certio-
- rari, 505 U. S. -- (1992), to resolve a conflict among the
- Courts of Appeals concerning the applicability of a height-
- ened pleading standard to 1983 actions alleging munici-
- pal liability. Compare, e.g., Karim-Panahi v. Los Angeles
- Police Dept., 839 F. 2d 621, 624 (CA9 1988) (-a claim of
- municipal liability under section 1983 is sufficient to
- withstand a motion to dismiss even if the claim is based
- on nothing more than a bare allegation that the individual
- officers' conduct conformed to official policy, custom, or
- practice-) (internal quotation marks omitted). We now
- reverse.
- Respondents seek to defend the Fifth Circuit's applica-
- tion of a more rigorous pleading standard on two
- grounds. First, respondents claim that municipalities'
- freedom from respondeat superior liability, see Monell,
- supra, necessarily includes immunity from suit. In this
- sense, respondents assert, municipalities are no different
- from state or local officials sued in their individual
- capacity. Respondents reason that a more relaxed plead-
- ing requirement would subject municipalities to expensive
- and time consuming discovery in every 1983 case,
- eviscerating their immunity from suit and disrupting
- municipal functions.
- This argument wrongly equates freedom from liability
- with immunity from suit. To be sure, we reaffirmed in
- Monell that -a municipality cannot be held liable under
- 1983 on a respondeat superior theory.- 436 U. S., at
- 691. But, contrary to respondents' assertions, this protec-
- tion against liability does not encompass immunity from
- suit. Indeed, this argument is flatly contradicted by
- Monell and our later decisions involving municipal liability
- under 1983. In Monell, we overruled Monroe v. Pape,
- 365 U. S. 167 (1961), insofar as it held that local govern-
- ments were wholly immune from suit under 1983,
- though we did reserve decision on whether municipalities
- are entitled to some form of limited immunity. 436 U. S.,
- at 701. Yet, when we took that issue up again in Owen
- v. City of Independence, 445 U. S. 622, 650 (1980), we
- rejected a claim that municipalities should be afforded
- qualified immunity, much like that afforded individual
- officials, based on the good faith of their agents. These
- decisions make it quite clear that, unlike various govern-
- ment officials, municipalities do not enjoy immunity from
- suit-either absolute or qualified-under 1983. In short,
- a municipality can be sued under 1983, but it cannot be
- held liable unless a municipal policy or custom caused the
- constitutional injury. We thus have no occasion to
- consider whether our qualified immunity jurisprudence
- would require a heightened pleading in cases involving
- individual government officials.
- Second, respondents contend that the Fifth Circuit's
- heightened pleading standard is not really that at all.
- See Brief for Respondents Tarrant County Narcotics
- Intelligence and Coordination Unit et al. 9-10 (-[T]he
- Fifth Circuit's so-called `heightened' pleading requirement
- is a misnomer-). According to respondents, the degree of
- factual specificity required of a complaint by the Federal
- Rules of Civil Procedure varies according to the complexity
- of the underlying substantive law. To establish municipal
- liability under 1983, respondents argue, a plaintiff must
- do more than plead a single instance of misconduct. This
- requirement, respondents insist, is consistent with a
- plaintiff's Rule 11 obligation to make a reasonable pre-
- filing inquiry into the facts.
- But examination of the Fifth Circuit's decision in this
- case makes it quite evident that the -heightened pleading
- standard- is just what it purports to be: a more demand-
- ing rule for pleading a complaint under 1983 than for
- pleading other kinds of claims for relief. See 954 F. 2d,
- at 1057-1058. This rule was adopted by the Fifth Circuit
- in Elliott v. Perez, 751 F. 2d 1472 (1985), and described
- in this language:
- -In cases against government officials involving the
- likely defense of immunity we require of trial judges
- that they demand that the plaintiff's complaints state
- with factual detail and particularity the basis for the
- claim which necessarily includes why the defendant-
- official cannot successfully maintain the defense of
- immunity.- Id., at 1473.
- In later cases, the Fifth Circuit extended this rule to
- complaints against municipal corporations asserting
- liability under 1983. See, e.g., Palmer v. San Antonio,
- 810 F. 2d 514 (1987).
- We think that it is impossible to square the -heightened
- pleading standard- applied by the Fifth Circuit in this
- case with the liberal system of -notice pleading- set up by
- the Federal Rules. Rule 8(a)(2) requires that a complaint
- include only -a short and plain statement of the claim
- showing that the pleader is entitled to relief.- In Conley
- v. Gibson, 355 U. S. 41 (1957), we said in effect that the
- Rule meant what it said:
- -[T]he Federal Rules of Civil Procedure do not require
- a claimant to set out in detail the facts upon which
- he bases his claim. To the contrary, all the Rules
- require is `a short and plain statement of the claim'
- that will give the defendant fair notice of what the
- plaintiff's claim is and the grounds upon which it
- rests.- Id., at 47 (footnote omitted).
- Rule 9(b) does impose a particularity requirement in two
- specific instances. It provides that -[i]n all averments of
- fraud or mistake, the circumstances constituting fraud or
- mistake shall be stated with particularity.- Thus, the
- Federal Rules do address in Rule 9(b) the question of the
- need for greater particularity in pleading certain actions,
- but do not include among the enumerated actions any
- reference to complaints alleging municipal liability under
- 1983. Expressio unius est exclusio alterius.
- The phenomenon of litigation against municipal corpora-
- tions based on claimed constitutional violations by their
- employees dates from our decision in Monell, supra, where
- we for the first time construed 1983 to allow such
- municipal liability. Perhaps if Rules 8 and 9 were re-
- written today, claims against municipalities under 1983
- might be subjected to the added specificity requirement
- of Rule 9(b). But that is a result which must be obtained
- by the process of amending the Federal Rules, and not by
- judicial interpretation. In the absence of such an amend-
- ment, federal courts and litigants must rely on summary
- judgment and control of discovery to weed out
- unmeritorious claims sooner rather than later.
- The judgment of the Court of Appeals is reversed, and
- the case remanded for further proceedings consistent with
- this opinion.
-
- It is so ordered.
-