Final Policymaking Authority

112 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• J.R. Bryson v. City OF Waycross
  888 F.2d 1562· 11th Cir.· 1989-11-30 ·cited 136×
  The court held that a police officer's disruptive speech, even if concerning public matters, is not protected by the First Amendment when it significantly impairs governmental efficiency, and that denying a motion to amend a complaint to add an equal protection claim was not an a
• Bannum, Inc. v. City OF Fort Lauderdale
  901 F.2d 989· 11th Cir.· 1990-05-21 ·cited 133×
  The court held that the district court erred in granting summary judgment to the City of Fort Lauderdale on immunity grounds, vacating the judgment and remanding for consideration of constitutional issues and pendent state claims.
• Mandel v. John DOE (name unknown
  888 F.2d 783· 11th Cir.· 1989-11-17 ·cited 130×
  The court held that the district court correctly denied the County's motions for directed verdict and judgment notwithstanding the verdict on the issue of deliberate indifference, and affirmed the judgment.
• Mathas Brown v. City OF Fort Lauderdale
  923 F.2d 1474· 11th Cir.· 1991-02-19 ·cited 103×
  The court held that the plaintiff's allegations were sufficient to withstand a motion to dismiss for claims against the individual defendants based on qualified immunity and against the City for municipal liability under § 1983, and that § 1983 provides the exclusive remedy for §
• Chabad Chayil, Inc. v. The Sch. Bd. of Miami-Dade Cnty. Fla.
  48 F.4th 1222· 11th Cir.· 2022-09-08 ·cited 97×
  The Eleventh Circuit affirmed the district court's dismissal, holding that the plaintiff failed to sufficiently allege municipal liability under Monell because the superintendent lacked final policymaking authority and that the plaintiff failed to establish an official policy or
• Bowen v. Watkins
  669 F.2d 979· 5th Cir.· 1982-03-08 ·cited 95×
  The court held that the Chief of Police's decision not to promote plaintiffs was substantially motivated by their protected speech and filing of a lawsuit, but affirmed the trial court's finding for other individual defendants. The case is remanded for further determination on wh
• Lolita Parker v. Williams
  862 F.2d 1471· 11th Cir.· 1989-01-11 ·cited 94×
  The court held that the district court erred in applying collateral estoppel to prevent litigation of the rape's occurrence and that the sheriff and county are immune from state tort liability. However, the county may be liable under § 1983 for the sheriff's hiring policy.
• McMILLIAN v. W.E. Johnson
  88 F.3d 1573· 11th Cir.· 1996-07-09 ·cited 60×
  The Eleventh Circuit affirmed the district court's judgment, holding that under Alabama law, sheriffs are not final policymakers for their counties in the area of law enforcement. The court also held that hearsay evidence, which is not shown to be reducible to admissible form at
• Owens v. Fulton Cnty.
  877 F.2d 947· 11th Cir.· 1989-07-20 ·cited 53×
  A county cannot be held liable under 42 U.S.C. § 1983 for a district attorney's prosecutorial decisions, as the district attorney acts as a state official, not a county policymaker, under Georgia law.
• Manor Healthcare Corp. v. Lomelo
  929 F.2d 633· 11th Cir.· 1991-04-25 ·cited 52×
  A municipality is not liable under § 1983 for a mayor's criminal acts unless those acts were officially sanctioned or made pursuant to a municipal policy by an official with final policy-making authority. A prevailing party may recover costs even if paid by a non-party insurer.
• Lake Nacimiento Ranch Co. v. Cnty. OF SAN Luis Obispo
  830 F.2d 977· 9th Cir.· 1987-10-15 ·cited 46×
  The court held that the Ranch's "as applied" taking claim was not ripe, its facial challenge was unsupported, and its due process claim failed due to adequate state remedies and lack of municipal policy. The denial of attorneys' fees to the County was not an abuse of discretion.
• Rookard v. Health & Hosps. Corp.
  710 F.2d 41· 2d Cir.· 1983-06-09 ·cited 44×
  The court reversed the district court's dismissal, finding a glimmer of a prima facie case for reversal based on the chaotic conditions at Harlem Hospital and potential constitutional deprivations.
• Martinez v. The City OF Opa-Locka
  971 F.2d 708· 11th Cir.· 1992-09-10 ·cited 43×
  Melanie Martinez, a city purchasing director, was terminated in retaliation for testifying before a municipal board of inquiry about the city manager's violations of bid procedures. The Eleventh Circuit affirmed the jury verdict against the individual defendant city manager Conno
• Collins v. City OF SAN Diego
  841 F.2d 337· 9th Cir.· 1988-03-10 ·cited 38×
  The court affirmed the district court's judgment, holding that the plaintiff's Title VII claim was abandoned or time-barred, and her § 1983 claim failed because the municipality cannot be held liable under a respondeat superior theory and the supervisor was not a final policymake
• Gobel v. Maricopa Cnty.
  867 F.2d 1201· 9th Cir.· 1989-02-09 ·cited 37×
  Prosecutors are not absolutely immune for investigative actions or public statements unrelated to the judicial phase of a prosecution, and a county can be liable under § 1983 if its elected officials act as policymakers.
• Starrett v. Wadley
  876 F.2d 808· 10th Cir.· 1989-05-22 ·cited 35×
  The court held that sexual harassment can violate the Fourteenth Amendment's Equal Protection Clause and that a supervisor's termination of an employee can constitute official policy for which a county may be liable under Section 1983, but other acts of harassment may not.
• Jenne v. Maranto
  825 So. 2d 409· Fla. 4th DCA· 2002-05-08 ·cited 32×
  A Sheriff of Broward County appealed the trial court's denial of his Eleventh Amendment immunity claim in an Equal Pay Act lawsuit brought by a female employee. The court held that the Sheriff, as a county official, is not an arm of the State entitled to Eleventh Amendment protec
• Nydia Tavarez and Manny Tavarez v. O'Malley
  826 F.2d 671· 7th Cir.· 1987-08-13 ·cited 30×
  The court held that the prolonged closure of the grocery store after the emergency had passed, without a hearing or opportunity to contest the seizure, constituted a denial of due process under the Fourteenth Amendment, and that the district court erred in granting summary judgme
• Praprotnik v. City OF ST. Louis
  798 F.2d 1168· 8th Cir.· 1986-08-19 ·cited 29×
  The dissenting judge argues that the evidence was insufficient to support findings of municipal liability and a First Amendment violation, and that a new trial on damages is warranted due to an improper jury instruction.
• Hull v. Cuyahoga Valley Joint Vocational Sch. Dist. Bd. OF Educ.
  926 F.2d 505· 6th Cir.· 1991-02-15 ·cited 27×
  The court held that claims of discriminatory discharge are not cognizable under 42 U.S.C. § 1981 post-Patterson, but that a continuing violation theory may apply to § 1983 claims to overcome the statute of limitations. The court also reversed summary judgment for defendant Schuck
• Wulf v. The City OF Wichita
  883 F.2d 842· 10th Cir.· 1989-10-31 ·cited 27×
  The court held that the plaintiff's termination for insubordination, after refusing to answer questions in an internal investigation without an attorney, did not violate his First Amendment rights, but the punitive damages against the Chief of Police were reversed.
• 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.
• Thompson v. City OF LOS Angeles
  885 F.2d 1439· 9th Cir.· 1989-09-18 ·cited 22×
  The court held that the University of California Regents, as an arm of the state, is not a 'person' amenable to suit under 42 U.S.C. § 1983. The court also held that while the County's strip search, x-ray, and blood test policies were reasonable, its failure to provide a bed or m
• Worsham v. The City OF Pasadena
  881 F.2d 1336· 5th Cir.· 1989-08-31 ·cited 22×
  The court held that a plaintiff must be given an opportunity to prove that a municipality's policymakers absolutely delegated final policymaking authority to a subordinate official, even if positive law suggests otherwise, by demonstrating a custom or usage of abdicating review p
• Coogan v. City OF Wixom
  820 F.2d 170· 6th Cir.· 1987-06-01 ·cited 20×
  The court held that the plaintiff failed to establish a claim for malicious prosecution, intentional infliction of emotional distress, or violations of constitutional rights under 42 U.S.C. § 1983, affirming the directed verdict.
• Ellena Harris v. City OF Pagedale
  821 F.2d 499· 8th Cir.· 1987-06-17 ·cited 18×
  The court held that the evidence supported the jury's finding of a municipal custom of deliberate indifference to police misconduct, and that this custom proximately caused the plaintiff's assault, establishing municipal liability under 42 U.S.C. § 1983.
• Williams v. Butler
  863 F.2d 1398· 8th Cir.· 1988-12-21 ·cited 16×
  The acts of a municipal judge in discharging a court clerk are attributable to the City for purposes of 42 U.S.C. § 1983 liability, as the judge possesses final policymaking authority in employment matters concerning court clerks under state law.
• Rosario v. Miami-Dade Cnty.
  490 F. Supp. 2d 1213· S.D. Fla.· 2007-05-08 ·cited 13×
  The court held that plaintiffs failed to state a claim for municipal liability under 42 U.S.C. § 1983 because they did not allege facts sufficient to show that the deprivation of constitutional rights resulted from a final policymaker's decision or an unconstitutional custom or p
• Zook v. Brown
  865 F.2d 887· 7th Cir.· 1989-01-17 ·cited 13×
  The court held that Standard 2.19 of the Sheriff's Department Operating Procedures Manual is constitutional both on its face and as applied to Deputy Zook, and that the application of Standard 4.4 was unconstitutional. The court also affirmed the denial of a jury trial for damage
• Crowder v. Sinyard
  884 F.2d 804· 5th Cir.· 1989-09-21 ·cited 12×
  The court held that the removal of seized property to another state did not violate the plaintiffs' constitutional right of access to the courts, and that a new trial was required on the Fourth Amendment claim due to errors in qualified immunity and jury instructions.
• Partee v. Metro. Sch. Dist. OF Wash. Twp.
  954 F.2d 454· 7th Cir.· 1992-01-21 ·cited 11×
  The court held that the school district was not liable under § 1983 for the superintendent's isolated act, that the plaintiff's promotion claims were not actionable under § 1981, and that the trial court did not abuse its discretion in denying a Rule 60(b) motion to revive dismis
• The City OF Pompano Beach v. Yardarm Rest., Inc.
  834 So. 2d 861· Fla. 4th DCA· 2002-10-09 ·cited 9×
  This is an appeal of a trial court judgment finding the City of Pompano Beach liable for violating Yardarm Restaurant's substantive and procedural due process rights under 42 U.S.C. § 1983 by obstructing and delaying the issuance of building permits for a hotel and marina develop
• Hazel v. Sch. Bd. of Dade Cnty.
  7 F. Supp. 2d 1349· S.D. Fla.· 1998-05-08 ·cited 9×
  The court granted in part and denied in part the motion to dismiss, finding that the plaintiff stated claims for subject matter jurisdiction, quid pro quo sexual harassment under Title VII, and under the Florida Civil Rights Act, while dismissing other claims with or without prej
• Dotson v. Lemuel Chester
  937 F.2d 920· 4th Cir.· 1991-06-05 ·cited 9×
  The county is liable for the sheriff's actions regarding the county jail because the sheriff possesses final policymaking authority for the county in that capacity, and the county is also responsible for supplemental attorneys' fees incurred in collecting the original award.
• Woods v. City OF Mich. City
  940 F.2d 275· 7th Cir.· 1991-08-15 ·cited 8×
  A state statute creating a right to release does not, by itself, create a federal constitutional right to a pre-deprivation hearing when that right is allegedly violated.
• Frost v. Hawkins Cnty. Bd. OF Educ.
  851 F.2d 822· 6th Cir.· 1988-07-12 ·cited 8×
  The court held that the plaintiff failed to demonstrate a deprivation of federal rights under 42 U.S.C. § 1983, and therefore, the district court erred in denying the Board's motion for judgment notwithstanding the verdict.
• Williams v. Butler
  802 F.2d 296· 8th Cir.· 1986-09-26 ·cited 8×
  The City of Little Rock cannot be held liable for a judge's decision to fire an employee if the judge lacked final authority to establish municipal employment policy.
• Verna v. Pub. Health Tr. of Miami-Dade Cnty.
  539 F. Supp. 2d 1340· S.D. Fla.· 2008-02-26 ·cited 7×
  Summary judgment was granted for the defendant on all counts, as the plaintiff failed to establish a prima facie case of discrimination or retaliation, and her disability discrimination claims were not supported by sufficient evidence of substantial limitation or employer knowled
• Hollywood Cmty. Synagogue, Inc. v. City of Hollywood
  430 F. Supp. 2d 1296· S.D. Fla.· 2006-05-10 ·cited 7×
  The court granted in part and denied in part the defendant's motions to dismiss, allowing certain claims to proceed while dismissing others.
• Arenal v. City of Punta Gorda
  932 F. Supp. 1406· M.D. Fla.· 1996-07-17 ·cited 6×
  The court held that a suspension with pay can constitute an injury in fact for standing purposes and that a public employee's speech on matters of public concern, even if related to employment duties, can be protected by the First Amendment. The court also found that a municipali
• Jantz v. Cleofas F. Muci
  976 F.2d 623· 10th Cir.· 1992-10-09 ·cited 6×
  The court held that the principal was entitled to qualified immunity because the unlawfulness of his alleged conduct was not apparent in light of pre-existing law in 1988. The court also held that the school district could not be held liable as the principal did not possess final
• Praprotnik v. City OF ST. Louis
  879 F.2d 1573· 8th Cir.· 1989-06-21 ·cited 6×
  The court held that the plaintiff failed to establish municipal liability under 42 U.S.C. § 1983 because the supervisors responsible for his transfer and termination lacked final policymaking authority and there was no evidence of an unconstitutional municipal policy.
• 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.
• 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
• Crowley v. Prince George's Cnty.
  890 F.2d 683· 4th Cir.· 1989-11-29 ·cited 5×
  A municipality cannot be held liable under 42 U.S.C. § 1981 based on respondeat superior; liability requires official policy, and the police chief's personnel decision did not constitute such policy. A Title VII retaliation claim is not cognizable if based on investigating commun
• Fla. Fam. Ass'n v. Sch. Bd. of Hillsborough Cnty.
  494 F. Supp. 2d 1311· M.D. Fla.· 2007-06-28 ·cited 4×
  The court adopted the magistrate judge's recommendation, granting summary judgment for the defendant because the email blocking was due to volume concerns, not content, and the plaintiffs failed to establish municipal liability based on policy or custom.
• Doe v. Faerber Ex Rel. Estate of Faerber
  446 F. Supp. 2d 1311· M.D. Fla.· 2006-08-14 ·cited 4×
  The court held that the plaintiff sufficiently stated claims for relief under 42 U.S.C. § 1983 and Title IX against the School Board, and a negligence claim against Mrs. Faerber as a landowner, thus denying in part and granting in part various motions to dismiss.
• Lawrence v. Metro Dade Cnty.
  872 F. Supp. 957· S.D. Fla.· 1994-11-17 ·cited 4×
  The court held that the plaintiff failed to present sufficient evidence to establish that the County had a custom or policy of excluding women from specialized units, and therefore, the County could not be held liable under 42 U.S.C. § 1983.
• Adkins v. Bd. OF Educ. OF Magoffin Cnty.
  982 F.2d 952· 6th Cir.· 1993-01-05 ·cited 4×
  The court held that the superintendent's refusal to recommend plaintiff for continued employment based on her marriage violated her First Amendment right to association, and the directed verdict was error. However, the school board was immune from suit.