Decades ago, the Supreme Court held in a case called Monell v. Department of Social Services that you can sue a local government for violating your constitutional rights only if the violation resulted from the locale’s “official policy.” In other words, if a county employee goes rogue, you can’t hold the county itself responsible.
A new court decision stretches Monell to the point of absurdity, holding that the county’s top official does not set official county policy. Boone County, Illinois’s coroner, Wesley Hyland, committed a constitutional violation of an uncommonly disturbing sort. He “kept several skulls as trophies from the deceased he examined,” according to the Seventh Circuit. One of them belonged to a high school student who was kidnapped, raped, and murdered. Forty-five years later, her brothers learned that Hyland had held onto her skull. They recovered it, exhumed her other remains, and reburied them together. Then, they sued Boone County.