deprivation of a right protected by the Fourteenth Amendment. Finally, the City argues that, even if Saffold has adequately pleaded the existence of a constitutionally protected interest, he was not deprived of that interest without due process of law. Because we agree that Saffold has failed to allege sufficient facts to establish municipal liability, we do not reach the city's other arguments.
The Supreme Court, in Monell v. Department of Social Services of the City of New York, 436 U.S. 658, 690-691, 98 S. Ct. 2018, 2035-36, 56 L. Ed. 2d 611 (1978), established a theory of municipal liability under § 1983 for constitutional violations caused by their official policies, including unwritten customs. At the same time, the Court in Monell rejected the notion that municipal liability may rest solely on a theory of respondeat superior. Id. at 691, 98 S. Ct. at 2036. "[A] local government may not be sued under § 1983 for an injury inflicted solely by its employees or agents. Instead, it is when execution of a government's policy or custom, whether made by its lawmakers or by those whose edits or acts may fairly be said to represent official policy, inflict injury that the government as an entity is responsible under § 1983." Id. at 694, 98 S. Ct. 2037-38.
Eight years later in Pembaur v. Cincinnati, 475 U.S. 469, 106 S. Ct. 1292, 89 L. Ed. 2d 452 (1986), the Court, in an effort to clarify the scope of municipal liability under § 1983, addressed the issue of whether and when an isolated decision made by a municipal official constitutes a "policy or custom" sufficient to hold the municipality liable under Monell. A plurality of the Court held that only those officials who possess "final policymaking authority" in a given area may, by their actions, subject a municipality to § 1983 liability for an isolated decision in that area of the city's business. Id. at 483-84, 106 S. Ct. at 1300. Although noting that the question of whether a particular municipal official has "final policymaking authority" is determined by reference to state law, City of Saint Louis v. Praprotnik, 485 U.S. 112, 124, 108 S. Ct. 915, 924, 99 L. Ed. 2d 107 (1988); Pembaur, 475 U.S. at 483, 106 S. Ct. at 1300, the Court in Praprotnik set forth an elaborate definition of "final policymaking authority" for the purposes of municipal liability under § 1983: "The authority to make municipal policy is necessarily the authority to make final policy. [Citation omitted]. When an official's discretionary decisions are constrained by policies not of that official's making, those policies, rather than the subordinate's departures from them, are the act of the municipality." Praprotnik, 485 U.S. at 127, 108 S. Ct. at 926 (emphasis in original).
Under the principles set forth in Monell and its progeny, we conclude that Saffold has not alleged facts sufficient to establish municipal liability on the part of the City under § 1983. Saffold does not allege that any policy or custom of the City was the proximate cause of his alleged injury. To the contrary, the policy that Saffold claims to demonstrate municipal liability (General Order No. 84-F) is the same policy he relies on to establish a property interest in the vacation days he has earned. Rather than arguing that the General Order constitutes an unconstitutional benefit scheme, Saffold is merely claiming that some official within the Police Department misapplied the policy in his individual case.
This allegation is insufficient to establish municipal liability under § 1983. See Parker v. Chicago Housing Auth., 730 F. Supp. 115 (N.D. Ill. 1989) (allegation that certain CHA employees failed to follow or honor the due process provisions set forth in the CHA manual when recommending plaintiff's termination is insufficient to establish municipal liability under § 1983).
Plaintiff has failed to allege facts sufficient to establish municipal liability under 42 U.S.C. § 1983. Accordingly, we grant defendant's motion to dismiss plaintiff Howard Saffold's complaint. It is so ordered.