Appellant Junior Vondale Buckner appeals the district court’s grant of summary judgment to Appellees on his claim that they violated 42 U.S.C. § 1983 when they exhibited deliberate indifference to his medical and psyehological needs. We affirm the grant of summary judgment.
BACKGROUND
On November 30, 1991, Appellant was injured during his arrest. The next day he was incarcerated at Clayton County Detention Center (CCDC), where he remained until May 18, 1992. At some point during that time, he developed a psychological condition described only as “conversion reaction,” as a result of which Appellant became unable to walk. While incarcerated at CCDC, he received treatment from employees of Prison Health Services, Inc. (PHS), with which Clayton County had contracted for the provision of medical care for its inmates. Appellant asserts that his condition went undiagnosed and has now become permanent.
Appellant filed this § 1983 action alleging that Sheriff Lemacks, the County (collectively the County), and PHS faded to provide adequate and competent psychiatric care to pre-trial detainees and inmates and that this failure constitutes deliberate indifference to his needs in violation of the Eighth Amendment. Both parties moved for summary judgment, and the district court granted summary judgment to Appellees on two grounds. The district court ruled that under
Monell v. Department of Social Servs. of New York,
Appellant filed a motion for reconsideration in which he argued that, contrary to the district court’s statement in its first opinion, he never conceded that PHS was the func *452 tional equivalent of a municipality. Upon partial reconsideration, the court held that the Monell policy or custom requirement applies in cases against a private entity acting on behalf of a municipality just as it does in a case against the municipality itself. The court reaffirmed its prior rulings that Appellant failed to show a policy or custom and failed to demonstrate that such a policy was the legal cause of his injuries. Accordingly, the court again granted summary judgment to Appellees.
We review a grant of summary judgmént
de novo,
viewing all the facts and reasonable inferences in the light most favorable to the nonmoving party.
Hale v. Tallapoosa County,
DISCUSSION
The Supreme Court has interpreted the language of § 1983 to require that liability attaches only to those actors who violate a plaintiffs rights.
Monell v. Department of Social Servs. of New York,
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 edicts or acts may fairly be said to represent official policy, inflicts the injury that the government as an entity is responsible under § 1983.
Id.
at 694,
Appellant argues that because PHS is a private entity, not a municipality, the
Monell
policy or custom requirement does not apply. Under that theory PHS would be liable in respondeat superior for the deliberately indifferent acts of its employees. Appellant concedes that we have previously rejected this argument in
Howell v. Evans,
in which we specifically held that the
Monell
rationale applies to private entities acting in the place of a municipality.
Howell v. Evans,
When a private entity like PHS contracts with a county to provide medical services to inmates, it performs a function traditionally within the exclusive prerogative of the state.
E.g., Howell,
The Supreme Court’s rationale in
Monell
was based on a straightforward reading of the statutory language, requiring that liability be found only against persons who cause the constitutional injury.
See Monell,
Contrary to Appellant’s characterization,
Monell
did not establish a “municipal immunity” doctrine, but merely restricted municipal liability to instances where the municipality actually caused the alleged deprivation of rights. Indeed,
Monell
explicitly declined to consider whether municipalities might be entitled to some form of municipal immunity.
2
Monell,
CONCLUSION
We conclude that the Supreme Court’s decision in Wyatt has not affected our decision in Howell v. Evans. The policy or custom requirement is not a type of immunity from liability but is instead an element of a § 1983 claim. Accordingly, we affirm the district court’s finding that the Monell policy or custom requirement applies in suits against private entities performing functions traditionally within the exclusive prerogative of the state, such as the provision of medical care to inmates. 3
AFFIRMED
Notes
. In
Wyatt,
a properly owner attempted to recover property wrongfully taken in a replevin action.
Wyatt,
. The Court explained:
Since the question whether local government bodies should be afforded some form of official immunily was not presented as a question to be decided on this petition and was not briefed by the parties or addressed by the courts below, we express no views on the scope of any municipal immunity beyond holding that municipal bodies sued under § 1983 cannot be entitled to an absolute immunity, lest our decision that such bodies are subject to suit under § 1983 "be drained of meaning.”
Monell,
.We affirm the remainder of the district court's findings without discussion.
