42 U.S.C. § 1983 Liability For Municipalities

27 Florida cases classified under this topic · sorted by citation count · browse and sort

• Dewitt Owens v. Haas
  601 F.2d 1242· 2d Cir.· 1979-07-09 ·cited 136×
  The court held that the plaintiff should be allowed limited discovery and an opportunity to amend his complaint to state a claim for "deliberate indifference" against the county under 42 U.S.C. § 1983, and that his breach of contract claim as a third-party beneficiary should be r
• Turpin v. Mailet
  619 F.2d 196· 2d Cir.· 1980-04-08 ·cited 114×
  The court held that while a municipality's failure to discipline an employee can, in some circumstances, constitute an official policy under 42 U.S.C. § 1983, the evidence presented in this case was insufficient as a matter of law to establish such a policy.
• Strauss v. City OF Chicago
  760 F.2d 765· 7th Cir.· 1985-04-17 ·cited 62×
  A plaintiff must plead specific facts tending to support the existence of a municipal policy that caused the injury, and bare allegations of policy are insufficient to state a claim under 42 U.S.C. § 1983.
• Dailey v. City OF Lawton
  425 F.2d 1037· 10th Cir.· 1970-05-01 ·cited 62×
  A municipality and its employees can be enjoined from acting in violation of federal constitutional rights, even if the municipality is not considered a 'person' for damages under 42 U.S.C. § 1983.
• Owen v. The City OF Independence
  589 F.2d 335· 8th Cir.· 1978-12-01 ·cited 56×
• Brooks v. D.R. Scheib
  813 F.2d 1191· 11th Cir.· 1987-04-06 ·cited 47×
  The court held that the plaintiff failed to establish that the City's customs or policies were the moving force behind the constitutional injury or that the officer's alleged violent propensity constituted a continuous condition for nuisance law.
• Bertot v. Sch. Dist. NO. 1
  613 F.2d 245· 10th Cir.· 1979-11-26 ·cited 38×
  The dissenting judge would affirm the district court's judgment, finding the Board entitled to immunity based on good faith.
• Garcia v. Salt Lake Cnty.
  768 F.2d 303· 10th Cir.· 1985-07-17 ·cited 35×
  A municipality can be held liable under 42 U.S.C. § 1983 for constitutional deprivations resulting from its official policy or custom, even if individual officers' actions do not independently violate civil rights.
• Sanders v. ST. Louis Cnty.
  724 F.2d 665· 8th Cir.· 1983-12-30 ·cited 26×
  The court held that the plaintiff failed to present sufficient evidence to establish a county policy or custom of mistreating inmates who challenged their convictions, thus the county could not be held liable under 42 U.S.C. § 1983.
• Garza v. City OF Omaha
  814 F.2d 553· 8th Cir.· 1987-03-25 ·cited 24×
  The court held that a jury's finding of discriminatory custom under § 1983 collaterally estops the district court from making inconsistent findings on a simultaneously tried Title VII claim. The court also reversed the setting aside of punitive damages.
• Brown v. Reardon
  770 F.2d 896· 10th Cir.· 1985-08-19 ·cited 23×
  The court held that plaintiffs failed to present specific evidence of a policy for summary judgment, but that the trial court erred in directing a verdict on the First Amendment claim due to sufficient circumstantial evidence of official knowledge and participation.
• Thurston v. Dekle
  578 F.2d 1167· 5th Cir.· 1978-08-28 ·cited 17×
  The court held that municipalities can be sued under 42 U.S.C. § 1983 for constitutional violations implementing official policy, and vacated a back pay award for reconsideration in light of Monell.
• Turner v. Upton Cnty.
  915 F.2d 133· 5th Cir.· 1990-09-11 ·cited 16×
  A county can be held liable under 42 U.S.C. § 1983 for the actions of its sheriff if the sheriff is the final policymaker for law enforcement and abuses that authority, even without proof of an official county policy or custom.
• Post v. City of Fort Lauderdale
  750 F. Supp. 1131· S.D. Fla.· 1990-11-15 ·cited 7×
  Municipal departments are not proper parties to a lawsuit; only the municipality itself can be sued.
• Lopez v. City OF Austin
  710 F.2d 196· 5th Cir.· 1983-07-25 ·cited 5×
  The court held that the employee failed to demonstrate a City custom or practice of discrimination and failed to show personal involvement by the supervisor, thus he is not entitled to relief under § 1983.
• Beddingfield v. City OF Pulaski
  861 F.2d 968· 6th Cir.· 1988-11-18 ·cited 4×
  The court held that the City's actions, at most, constituted simple negligence and did not rise to the level of deliberate indifference or a policy of inadequate training required for a § 1983 claim.
• Pontier v. City of Clearwater
  881 F. Supp. 1565· M.D. Fla.· 1995-04-13 ·cited 3×
  The court granted summary judgment for the defendants, finding the federal claims barred by the statute of limitations and lack of standing, and dismissing the state law claim for lack of pendent jurisdiction.
• Brown v. City of Clewiston
  644 F. Supp. 1407· S.D. Fla.· 1986-09-30 ·cited 2×
  The court granted summary judgment for the City, finding no genuine issue of material fact regarding the existence of an unconstitutional policy or custom that caused the plaintiff's injury, and that the state negligence claim was governed by state law, not city regulations.
• Morrison v. FOX
  660 F.2d 87· 3d Cir.· 1981-10-02 ·cited 2×
  A plaintiff who fails to establish a municipality's liability for money damages under 42 U.S.C. § 1983 cannot recover attorney's fees against the municipality under 42 U.S.C. § 1988.
• Bloomberg v. Blocker
  M.D. Fla.· 2022-02-17
  The court held that the county board's decision not to consider a proclamation constituted government speech, not a violation of the First or Fourteenth Amendments or Florida's Sunshine Law. The court also found no private cause of action for violation of the board's internal rul
• McCoig v. City of Rockledge
  M.D. Fla.· 2022-01-03
  The court held that probable cause for the arrest barred the plaintiff's false arrest and § 1983 claims, and declined supplemental jurisdiction over the remaining state law claim.
• Criswell v. City of Naples
  M.D. Fla.· 2021-05-04
  The court denied both parties' motions for summary judgment, finding genuine disputes of material fact regarding the existence of similarly situated comparators and the rational basis for the City's enforcement actions.
• Webb v. City of Venice
  M.D. Fla.· 2020-08-18
  The court denied the City of Venice's motion to dismiss Count I, finding the plaintiff sufficiently alleged a municipal custom of racial discrimination and causation.
• Barmapov-Segev v. City of Miami
  S.D. Fla.· 2019-11-20
  The court granted in part and denied in part the defendants' motions to dismiss, dismissing several counts against the City based on sovereign immunity and duplicative claims, but allowing others to proceed.
• Carraway v. Perez
  S.D. Fla.· 2019-11-08
  The court granted the motion to dismiss, finding that while the plaintiff adequately alleged excessive force, the § 1983 claim against the county failed for lack of a pleaded policy or custom causing the violation.
• Butcher v. City OF McALESTER
  956 F.2d 973· 10th Cir.· 1992-02-12
  The court held that there was sufficient evidence for the jury to find the City liable under 42 U.S.C. § 1983 for violating plaintiffs' First Amendment rights, but reversed awards for humiliation due to insufficient evidence.
• Bell v. City of Miami
  733 F. Supp. 1475· S.D. Fla.· 1990-01-03
  The court denied the City of Miami's motion to dismiss the amended complaint.