Which statement about §1983 is true?

• A. Local governments cannot be sued under §1983.
• B. Local governments can be sued under §1983, expanding the definition of a 'person' to include agencies.
• C. The statute only allows claims against private individuals.
• D. It provides immunity to police departments from civil suits.

Answer: (B)

§1983 creates a civil-rights remedy for individuals whose rights are deprived by persons acting under color of state law. A key idea is who counts as a “person” for this purpose. Local governments, including police departments as arms of municipalities, can be sued under §1983. This liability for municipalities arises from Monell v. Department of Social Services, which held that a city or county may be sued when a constitutional violation results from official policy or a custom adopted or tolerated by the municipality. In other words, the city can be liable for harms that flow from its policies, not just from isolated acts by individual officers (though individuals can be sued personally as well). The other statements miss the mark because local governments are not barred from §1983 suits, the statute is not limited to private individuals, and it does not grant immunity to police departments—in fact, it provides a mechanism to hold them liable when a policy or custom causes a rights violation.