“If a construction of
s 1331 as authorizing such suits would render meaningless the immunity enjoyed by municipalities under
s 1983, we might find this argument more persuasive. This is not in fact the case, however, for
s 1331, with its amount in controversy requirement, would preserve the municipality's
s 1983 immunity as to actions not involving this minimum sum . . . Bell v. Hood and Bivens itself, moreover, caution against assuming that Congress' exemption for municipalities under
s 1983 informed its efforts four years later in establishing federal question jurisdiction. For while Congress placed suits against federal officials beyond the scope of
s 1983 with no less and indeed, probably far more clarity than it proscribed suits against municipalities, the Court in these two cases confirmed that
s 1331 vested federal jurisdiction over civil rights actions against federal officers. We reject the view, therefore, that municipalities enjoy any special status which would immunize them from suits to redress deprivations of federal constitutional rights.”
527 F.2d at 734-35.