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Note:

Mary Keeney, Civil Rights—Municipal Liability—Suit Against Municipal Board of Trustees and its Individual Members for Declaratory and Injunctive Relief and for Damages Not Maintainable Under Section 1983.  Muzquiz v. City of San Antonio, 520 F.2d 993 (1975), aff’d on rehearing en banc, 528 F.2d 499 (5^th Cir. 1976), 55 TEXAS L. REV. 501 (1976).

This note examines the Fifth Circuit’s decision in Muzquiz and the consequences of that decision.  Considering the amenability of a municipal board of trustees to suit under section 1983, the Fifth Circuit affirmed the district court’s decision, explaining that a board of trustees is not a “person” under section 1983 and, therefore, is not subject to suit under that statute.  Further, no suit could be maintained against individual board members because such a suit would essentially be a suit against the board itself.  Ms. Keeney examines the merits of this decision and ultimately concludes that a simpler and more straightforward approach to remedying the kinds of constitutional violations alleged in Muzquiz would be to construe narrowly statutory and judge-made limitations on parties amenable to suit and relief obtainable under section 1983.