Legal term
Respondeat superior
Respondeat superior is the vicarious-liability doctrine making employers liable for employees’ torts committed within the scope of employment, typically excluding independent contractors. Municipalities are not liable under § 1983 on a pure respondeat superior theory; liability requires a policy or custom. See LII Wex and Monell.
Rule to remember
Respondeat superior: a doctrine holding an employer or principal liable for an employee’s or agent’s tort committed within the scope of employment or agency.
Key elements and checks
- Employee/agent status rather than true independent contractor.
- Tort committed within the scope of employment (job-related; time, place, and purpose aligned with the employer’s business).
- Vicarious liability without needing employer fault, distinct from negligent hiring/supervision.
- Intentional torts may qualify in some jurisdictions if actuated to serve the employer or are job-characteristic; standards vary by state.
- Not available for § 1983 municipal liability; municipal liability requires a policy or custom (Monell).
In the source’s words
“Respondeat superior applies to employees, but not to independent contractors.”
respondeat superior | Wex | LII
“a municipality cannot be held liable solely because it employs a tortfeasor”
Monell v. Department of Social Services, 436 U.S. 658 (1978) | LII
Meaningful state variation exists in defining “scope” (e.g., benefit-to-employer vs. characteristic-of-the-job tests). Always check the governing jurisdiction’s formulation and any statutory overlays.