Failure To Train

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

• Cook v. Sheriff OF Monroe Cnty.
  402 F.3d 1092· 11th Cir.· 2005-03-10 ·cited 211×
  Daniel Tessier, a pretrial detainee at Monroe County Detention Center, died by suicide on May 21, 1999, four days after his arrest. Louise Cook, as personal representative of Tessier's estate and on behalf of his minor child, brought suit against Sheriff Rick Roth alleging three
• Oliveri v. Thompson
  803 F.2d 1265· 2d Cir.· 1986-10-15 ·cited 150×
  The court held that sanctions under 28 U.S.C. § 1927 require a finding of subjective bad faith, while Rule 11 sanctions can be imposed for signing papers that are not well-grounded in fact or law after reasonable inquiry, or are filed for an improper purpose.
• Languirand v. Hayden
  717 F.2d 220· 5th Cir.· 1983-10-17 ·cited 84×
• Knight v. Miami-Dade Cnty.
  856 F.3d 795· 11th Cir.· 2017-05-05 ·cited 81×
  Officers Ryan Robinson and Michael Mendez of the Miami-Dade Police Department shot and killed Frisco Blackwood and Michael Knight and wounded Latasha Cure during a traffic stop on November 12, 2007. Knight's estate and Cure sued under 42 U.S.C. § 1983 for excessive force and unde
• Hays v. Jefferson Cnty.
  668 F.2d 869· 6th Cir.· 1982-01-04 ·cited 77×
  The dissenting judges argue that the panel decision incorrectly applies standards for municipal liability under 42 U.S.C. § 1983 and the Fourteenth Amendment, particularly regarding 'failure to train' and the 'policy or custom' requirement.
• Popham v. City OF Talladega
  908 F.2d 1561· 11th Cir.· 1990-08-20 ·cited 67×
  The court held that the facts presented did not rise to the level of deliberate indifference required for a constitutional violation under 42 U.S.C. § 1983, and affirmed the grant of summary judgment.
• Rivas v. Freeman
  940 F.2d 1491· 11th Cir.· 1991-09-09 ·cited 57×
  Alfredo Rivas was arrested and detained for six days based on misidentification by law enforcement officers who confused him with another person on probation. The court affirmed liability against Sheriff Freeman for failing to establish adequate identification policies and proced
• Jamieson v. Shaw
  772 F.2d 1205· 5th Cir.· 1985-10-07 ·cited 56×
  The district court did not abuse its discretion in finding that the second amendment to the complaint would be futile, and therefore, further proceedings would be a waste of resources.
• Voutour v. Vitale
  761 F.2d 812· 1st Cir.· 1985-03-29 ·cited 54×
  The court held that genuine issues of material fact existed regarding the liability of Chief Forni and the Town of Saugus under 42 U.S.C. § 1983, precluding summary judgment.
• Christmas v. Harris Cnty.
  51 F.4th 1348· 11th Cir.· 2022-10-28 ·cited 51×
  The Eleventh Circuit affirmed the district court's grant of summary judgment, holding that the Sheriff was entitled to qualified immunity because the plaintiff failed to show he violated a clearly established constitutional right or that his actions caused the subordinate's misco
• Dorna F. Kerr v. City OF W. Palm Beach
  875 F.2d 1546· 11th Cir.· 1989-06-27 ·cited 47×
  The court held that plaintiffs lacked standing to seek injunctive and declaratory relief regarding the canine unit policy, but that the district court erred in granting judgment n.o.v. for the City and former chief, as there was sufficient evidence of inadequate training and supe
• Patzner v. Burkett
  779 F.2d 1363· 8th Cir.· 1985-12-26 ·cited 43×
  The court held that the deputies were not entitled to qualified immunity for the warrantless home arrest, and that the use of excessive force presented a question of fact for the jury. However, the county was not liable due to lack of notice of prior misconduct.
• L.S. v. Scot Peterson
  982 F.3d 1323· 11th Cir.· 2020-12-11 ·cited 42×
  The Eleventh Circuit affirmed the district court's dismissal, holding that the students failed to state a claim for a violation of their substantive due process rights because they were not in a custodial relationship with the officials and did not allege conduct that was arbitra
• Bordanaro v. McLEOD
  871 F.2d 1151· 1st Cir.· 1989-03-30 ·cited 40×
  The court held that the jury's verdicts against the City of Everett under 42 U.S.C. § 1983 were supported by sufficient evidence, both based on an unconstitutional custom of breaking down doors without a warrant and on a policy of deliberate indifference to inadequate training an
• Chinchello v. Fenton
  805 F.2d 126· 3d Cir.· 1986-11-14 ·cited 38×
  The court held that the denial of Scott's motion for summary judgment was not appealable because he did not claim qualified immunity. The court reversed the denial of Carlson's motion for summary judgment, finding that his appeal presented a purely legal question of qualified imm
• Stewart v. RCA Corp.
  790 F.2d 624· 7th Cir.· 1986-05-12 ·cited 32×
  The court held that while the district court improperly resolved a factual dispute on summary judgment, the plaintiff implicitly consented to a partial bench trial, making the findings not clearly erroneous; however, the denial of leave to amend the complaint was an error.
• Hinshaw v. Doffer
  785 F.2d 1260· 5th Cir.· 1986-03-28 ·cited 32×
  The court held that the evidence was insufficient to support a judgment against the police chief for failure to supervise or train the officer, but sufficient to support judgments against the officer for false arrest and excessive force. The court also held that the officer is fu
• Reed v. HOY
  909 F.2d 324· 9th Cir.· 1989-12-15 ·cited 30×
  The court held that the jury instruction misstated the law by applying a substantive due process standard instead of the Fourth Amendment's objective reasonableness standard for excessive force claims.
• Danese v. Asman
  875 F.2d 1239· 6th Cir.· 1989-05-26 ·cited 30×
  The majority reversed the denial of qualified immunity, finding the unlawfulness of the officers' actions was not apparent under pre-existing law.
• Trinell King v. Pridmore
  961 F.3d 1135· 11th Cir.· 2020-06-05 ·cited 28×
  The court held that the officers were entitled to qualified immunity because their actions did not violate clearly established constitutional rights, and they did not threaten the plaintiff with false charges or physical violence.
• Davis v. Mason Cnty.
  927 F.2d 1473· 9th Cir.· 1991-03-12 ·cited 22×
  The court held that the sheriff is not the final policymaker for deputy training under Washington law, and the jury instructions on municipal liability did not meet the deliberate indifference standard required by Canton v. Harris.
• Santiago v. Fenton
  891 F.2d 373· 1st Cir.· 1989-12-11 ·cited 22×
  The court held that the district court did not abuse its discretion in granting protective orders, that summary judgment for the city and police chief was appropriate, but that directed verdicts for one officer on claims of false arrest, imprisonment, and civil rights violations
• Freedman v. City OF Allentown
  853 F.2d 1111· 3d Cir.· 1988-08-10 ·cited 22×
  The court held that the allegations in the complaint were sufficient to withstand a motion to dismiss under Rule 12(b)(6) for claims against Detective Balliet and the municipal defendants, as they sufficiently alleged reckless indifference to a detainee's suicidal tendencies.
• Villante v. Dep't OF Corr. OF the City OF NEW York
  786 F.2d 516· 2d Cir.· 1986-03-19 ·cited 22×
  The court held that the district court abused its discretion by denying discovery and improperly granting summary judgment on the sexual assault claim, but correctly dismissed the wrongful confinement claim.
• Marchese v. Lucas
  758 F.2d 181· 6th Cir.· 1985-04-03 ·cited 22×
  The court held that a sheriff and county can be liable under 42 U.S.C. § 1983 for a prisoner's injuries resulting from excessive force if such injuries were inflicted pursuant to an official policy or custom of failing to train, discipline, or investigate misconduct.
• Thelma D. and Dawn D. v. The Bd. OF Educ. OF the City OF ST. Louis
  934 F.2d 929· 8th Cir.· 1991-05-29 ·cited 16×
  A local governmental entity cannot be held liable under 42 U.S.C. § 1983 for a custom of failing to investigate or train unless there is a widespread pattern of misconduct and the entity had notice, which was not shown here.
• Leach v. Shelby Cnty. Sheriff & Mayor of Shelby Cnty.
  891 F.2d 1241· 6th Cir.· 1989-12-20 ·cited 16×
  A municipality can be held liable under 42 U.S.C. § 1983 for deliberate indifference to a prisoner's serious medical needs, even if medical care is subcontracted, if the failure to supervise or the ratification of unconstitutional acts amounts to an official policy or custom.
• Jackson Warren v. City OF Lincoln
  816 F.2d 1254· 8th Cir.· 1987-04-17 ·cited 15×
  The court held that the trial court erred in its jury instructions regarding pretextual arrest and unlawful detention, and in dismissing the claim against the City. The issue of qualified immunity is a question of law for the trial court.
• Tuttle v. City OF Okla. City
  728 F.2d 456· 10th Cir.· 1984-02-28 ·cited 15×
  The court held that the jury's finding of the officer's good faith was supported by evidence, and the trial court properly denied the City's motions and instructed the jury on municipal liability for gross negligence.
• Rhyne v. Henderson Cnty.
  973 F.2d 386· 5th Cir.· 1992-09-14 ·cited 14×
  The plaintiff failed to prove that the defendant-municipality acted with deliberate indifference towards the mental health needs of pretrial detainees, despite a detainee's suicide.
• Leatherman v. Tarrant Cnty. Narcotics Intelligence & Coordination Unit
  954 F.2d 1054· 5th Cir.· 1992-02-28 ·cited 14×
  The court affirmed the dismissal of the section 1983 claims against the municipalities because the plaintiffs failed to satisfy the circuit's heightened pleading requirement for allegations of inadequate training.
• Walker v. Norris
  917 F.2d 1449· 6th Cir.· 1990-11-01 ·cited 14×
  The court affirmed liability for Eighth Amendment violations by two officers but reversed substantive due process claims, finding the Eighth Amendment the exclusive remedy. State law negligence claims were vacated for further consideration of immunity.
• Samedi v. Miami-Dade Cnty.
  134 F. Supp. 2d 1320· S.D. Fla.· 2001-01-26 ·cited 12×
  Summary judgment is granted for Defendant White on claims of supervisory liability and retaliation, and for other defendants on various counts, due to lack of genuine issues of material fact.
• Clipper v. Takoma Park
  876 F.2d 17· 4th Cir.· 1989-05-30 ·cited 12×
  The court held that sufficient evidence supported the jury's verdict that the city denied the plaintiff due process by arresting him without probable cause, and that the arrest was made pursuant to a city policy or custom.
• DOE v. HCA Health Servs. OF Fla., Inc.
  640 So. 2d 1177· Fla. 2d DCA· 1994-07-22 ·cited 10×
• Hays v. Jefferson Cnty.
  673 F.2d 152· 6th Cir.· 1982-03-10 ·cited 10×
  The court denied petitions for rehearing, concluding the issues were fully considered. The dissenting judges argued the case should have been reconsidered en banc due to significant questions regarding municipal liability standards.
• Riebsame v. Prince
  267 F. Supp. 2d 1225· M.D. Fla.· 2003-05-09 ·cited 8×
  The court adopted the magistrate judge's report and recommendation, granting summary judgment for the defendants based on qualified immunity and denying the plaintiff's motion for summary judgment.
• Russo v. City OF Cincinnati
  953 F.2d 1036· 6th Cir.· 1992-01-15 ·cited 8×
  The City may be held liable for failure to adequately train its police officers in the use of deadly force against mentally disturbed individuals if the failure amounts to deliberate indifference.
• Apodaca v. RIO Arriba Cnty. Sheriff's Dep't
  905 F.2d 1445· 10th Cir.· 1990-06-19 ·cited 8×
  Negligent operation of a vehicle by a police officer does not rise to the level of a constitutional violation under the Fourth or Fourteenth Amendments. A Fourth Amendment seizure requires a willful or intentional detention, not an accidental one.
• Pearl v. Dobbs
  649 F.2d 608· 8th Cir.· 1981-05-26 ·cited 8×
  The court affirmed the dismissal of the inmate's § 1983 lawsuit, holding that respondeat superior does not apply to such claims and the inmate failed to allege direct liability against the supervisory defendants.
• Tennant v. Florida
  111 F. Supp. 2d 1326· S.D. Fla.· 2000-01-13 ·cited 6×
  The court granted summary judgment for defendants on the federal civil rights claim, finding the state immune and the city not liable for failure to train. The state law claims were remanded.
• Mahon v. City of Largo
  829 F. Supp. 377· M.D. Fla.· 1993-07-26 ·cited 6×
  The court denied the defendant officer's motion for judgment on the pleadings, finding that a Section 1983 claim for false arrest under the Fourth Amendment is distinct from Fourteenth Amendment due process claims based on negligence. The court also denied the City's motion for s
• Dwares v. The City OF NEW York
  985 F.2d 94· 2d Cir.· 1993-02-05 ·cited 6×
  The court held that the complaint adequately alleged § 1983 claims against individual officers for conspiracy to deprive plaintiff of his rights, and that the district court erred in dismissing these claims based on DeShaney and insufficient conspiracy allegations.
• Barber v. City OF Salem
  953 F.2d 232· 6th Cir.· 1992-01-07 ·cited 6×
  The court held that the defendants were entitled to qualified immunity and that the City was not liable under § 1983 because the decedent's actions did not demonstrate a strong likelihood of suicide, thus not amounting to deliberate indifference to serious medical needs.
• Kinan v. City OF Brockton
  876 F.2d 1029· 1st Cir.· 1989-06-02 ·cited 6×
  The court affirmed the directed verdicts and jury findings, holding that the trial court did not err in excluding evidence, directing verdicts, or in its jury instructions.
• Milligan v. The City OF Newport News
  743 F.2d 227· 4th Cir.· 1984-09-19 ·cited 6×
  A municipality cannot be held liable under 42 U.S.C. § 1983 for the negligent acts of its employees unless those acts were taken pursuant to an official policy, practice, or custom of the municipality.
• Battiste v. Lamberti
  571 F. Supp. 2d 1286· S.D. Fla.· 2008-08-11 ·cited 5×
  The court held that the arresting deputies are not entitled to qualified immunity on the plaintiffs' false arrest and First Amendment retaliation claims, as genuine issues of material fact exist regarding probable cause and retaliatory motive.
• Samarco v. Neumann
  44 F. Supp. 2d 1276· S.D. Fla.· 1999-03-04 ·cited 5×
  Summary judgment is granted for the defendants because the plaintiff failed to establish an unconstitutional policy or that the force used was excessive under the Fourth Amendment.
• Kubany v. Sch. Bd. of Pinellas Cnty.
  839 F. Supp. 1544· M.D. Fla.· 1993-11-20 ·cited 5×
  The court held that individual school officials were entitled to qualified immunity, but the School Board could be liable for Count Three, which alleged a flawed appeal process.
• Cornfield v. Consol. High Sch. Dist. NO. 230
  991 F.2d 1316· 7th Cir.· 1993-04-23 ·cited 5×
  The court held that the strip search of the student was justified at its inception and permissible in scope under the Fourth Amendment, and that the school officials were entitled to qualified immunity. The court also found no basis for municipal liability against the school dist