Monell Liability

639 Florida cases classified under this topic, plus 169 listed through its narrower topics · sorted by citation count · browse and sort

• Marsh v. Butler Cnty.
  268 F.3d 1014· 11th Cir.· 2001-09-26 ·cited 287×
  The Eleventh Circuit reversed the district court's grant of qualified immunity to the Sheriff regarding the abandonment of Owens, finding that the allegations, when reasonably inferred, suggested the deputy acted pursuant to the Sheriff's custom or policy. However, the court affi
• Ancata v. Prison Health Servs., Inc.
  769 F.2d 700· 11th Cir.· 1985-08-26 ·cited 257×
  The court held that the complaint sufficiently alleged a claim of deliberate indifference to serious medical needs against the medical defendants and that dismissal of claims against the non-medical defendants based solely on respondeat superior was improper, reversing the distri
• Hobson v. Wilson
  737 F.2d 1· D.C. Cir.· 1984-06-08 ·cited 237×·via Monell V. Department Of Social Services
  The court held that the District of Columbia and its employees can be sued under 42 U.S.C. § 1985(3), and that certain claims against FBI defendants were barred by the statute of limitations, while others against MPD defendants and the District lacked sufficient evidence.
• Hamm v. DeKALB Cnty.
  774 F.2d 1567· 11th Cir.· 1985-11-04 ·cited 192×
  The court affirmed the district court's judgment, holding that the conditions of confinement, including overcrowding and food service, did not violate constitutional standards, and that the plaintiff failed to prove deliberate indifference to serious medical needs.
• Fullman v. Graddick
  739 F.2d 553· 11th Cir.· 1984-08-20 ·cited 188×·via Monell V. Department Of Social Services
  The court affirmed the dismissal of the plaintiff's civil rights claims, finding that most allegations were either barred by immunity doctrines, failed to state a claim due to vagueness and conclusory nature, or were unsupported by specific facts.
• Gilmere v. City OF Atlanta
  774 F.2d 1495· 11th Cir.· 1985-10-15 ·cited 178×
  The existence of a state statute providing redress does not automatically insulate a wrongdoer from a federal § 1983 claim if the state remedy is not adequate in fact.
• Oather Jefferson Samples and Barbara Jackson v. City OF Atlanta & Officer J.M. Oglesby
  846 F.2d 1328· 11th Cir.· 1988-06-13 ·cited 166×
  Summary judgment was inappropriate because genuine issues of material fact exist regarding whether the officer used excessive force and whether the city maintained a policy or custom that led to the constitutional violation.
• Piazza v. Jefferson Cnty.
  923 F.3d 947· 11th Cir.· 2019-05-09 ·cited 164×
  The court held that the second tasing of an incapacitated detainee constituted excessive force violating clearly established law, but supervisory liability claims failed due to lack of evidence of a policy or custom based on multiple incidents.
• Swain v. Junior
  961 F.3d 1276· 11th Cir.· 2020-06-15 ·cited 160×·via Monell V. Department Of Social Services
  Medically vulnerable pretrial detainees at a Miami-Dade jail challenged COVID-19 conditions of confinement as violating the Eighth and Fourteenth Amendments, and the district court granted a preliminary injunction requiring measures including social distancing. The Eleventh Circu
• Bell v. City OF Milwaukee
  746 F.2d 1205· 7th Cir.· 1984-09-04 ·cited 145×
  The court held that the district court properly admitted evidence of a conspiracy to conceal the truth and that certain civil rights claims were not time-barred.
• Reed v. Vill. OF Shorewood
  704 F.2d 943· 7th Cir.· 1983-04-05 ·cited 142×
  A liquor license can be considered property for Fourteenth Amendment due process purposes, and the Twenty-First Amendment does not grant absolute immunity to states to restrict First Amendment expression in bars without justification. Local officials acting in judicial or legisla
• Columbus Brown v. Crawford
  906 F.2d 667· 11th Cir.· 1990-07-24 ·cited 139×
  The district court erred in failing to construe the pro se complaint liberally to include a claim against Crawford in his official capacity.
• Dewitt Owens v. Haas
  601 F.2d 1242· 2d Cir.· 1979-07-09 ·cited 136×·via Monell V. Department Of Social Services
  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
• 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.
• Hernandez v. City OF Lafayette
  643 F.2d 1188· 5th Cir.· 1981-05-01 ·cited 126×
  Local legislators are entitled to absolute immunity under § 1983 for conduct in furtherance of their legislative duties, but municipalities are not entitled to legislative immunity from damages for uncompensated takings of private property through zoning regulations.
• Bennett v. City OF Slidell
  728 F.2d 762· 5th Cir.· 1984-04-02 ·cited 124×·via Monell V. Department Of Social Services
  The court held that a municipality can be held liable under section 1983 for the unconstitutional actions of an appointed official if that official's acts represent official policy, even if the municipality's written policies are facially constitutional.
• Bennie Lenard v. Robert Argento & Joseph Sansone
  699 F.2d 874· 7th Cir.· 1983-02-01 ·cited 124×·via Monell V. Department Of Social Services
  The court held that there was insufficient evidence to support the jury's verdict against the Village of Melrose Park for failure to train or supervise its officers, and reversed the conspiracy to obstruct justice conviction due to lack of an overt act. However, it affirmed the j
• Chauncey L. Moore, Jr. v. The Marketplace Rest., Inc.
  754 F.2d 1336· 7th Cir.· 1985-01-29 ·cited 110×·via Monell V. Department Of Social Services
  The court held that summary judgment should not be granted if the plaintiff alleges an agreement between a private party and law enforcement to violate constitutional rights, and the defendants fail to foreclose the possibility of such an agreement.
• McCONNELL v. Critchlow
  661 F.2d 116· 9th Cir.· 1981-11-09 ·cited 109×·via Monell V. Department Of Social Services
  The court held that the Eleventh Amendment bars suits against states in federal court and that the statute of limitations had run on the civil rights claims, affirming all dismissals.
• Williams v. The City OF Valdosta
  689 F.2d 964· 11th Cir.· 1982-10-21 ·cited 108×·via Monell V. Department Of Social Services
  The court held that the district court erred in granting judgment notwithstanding the verdict and a new trial, as the plaintiff presented sufficient evidence for a jury to find that his demotion was in retaliation for protected First Amendment activities.
• Leonhard v. The United States
  633 F.2d 599· 2d Cir.· 1980-08-28 ·cited 104×·via Monell V. Department Of Social Services
  The court held that it had appellate jurisdiction and that the district court properly dismissed all claims, including those barred by the statute of limitations and res judicata.
• 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 §
• Black v. Stephens
  662 F.2d 181· 3d Cir.· 1981-09-28 ·cited 101×·via Monell V. Department Of Social Services
  The court held that there was sufficient evidence to sustain the jury's findings of liability and damages against the police detective, police chief, and city for constitutional violations under section 1983, and that no errors occurred requiring a new trial.
• Baskin v. Parker
  602 F.2d 1205· 5th Cir.· 1979-09-24 ·cited 100×·via Monell V. Department Of Social Services
  The court held that Section 1983 does not preclude the incorporation of state law remedies, including vicarious liability, for the deprivation of civil rights.
• 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
• 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.
• Singleton v. City OF NEW York
  632 F.2d 185· 2d Cir.· 1980-09-25 ·cited 90×·via Monell V. Department Of Social Services
  A dismissal of criminal charges after an adjournment in contemplation of dismissal constitutes a favorable termination for purposes of a federal civil rights claim, and all claims arising from a single transaction should not be barred by state statutes of limitation.
• Fundiller v. The City OF Cooper City
  777 F.2d 1436· 11th Cir.· 1985-12-11 ·cited 89×·via Monell V. Department Of Social Services Municipal Liability
  The court held that the plaintiff stated claims for substantive due process violations under 42 U.S.C. § 1983 against individual officers and the municipality, and that the district court erred in dismissing these claims.
• Colburn v. Upper Darby Twp.
  838 F.2d 663· 3d Cir.· 1988-01-26 ·cited 88×
  The dissenting judge argues that allegations of gross negligence or deliberate indifference are insufficient to sustain a due process § 1983 claim, which requires pleading intentional action, abuse of power, or actions tantamount to intent.
• Clark v. Taylor
  710 F.2d 4· 1st Cir.· 1983-06-17 ·cited 88×·via Monell V. Department Of Social Services
  The court held that there was sufficient evidence to support the jury's verdicts against the individual defendants for constitutional and state law violations, but that the district court erred in exercising pendent jurisdiction over the State of Rhode Island.
• Wilson v. Taylor
  733 F.2d 1539· 11th Cir.· 1984-06-11 ·cited 86×·via Monell V. Department Of Social Services Municipal Liability
  The court held that dating is a constitutionally protected association under the First Amendment and that the award of $100,000 for procedural due process violations was grossly excessive.
• Morrison v. Wash. Cnty.
  700 F.2d 678· 11th Cir.· 1983-03-17 ·cited 85×·via Monell V. Department Of Social Services Municipal Liability
  The court held that summary judgment was improperly granted for the hospital, doctor, county, commissioners, and sheriff, as genuine issues of material fact remained regarding their liability under federal and state law. The exclusion of expert testimony was also deemed erroneous
• Benny B. Barrett v. Thomas
  649 F.2d 1193· 5th Cir.· 1981-07-10 ·cited 83×
  The court's opinion, which this judge concurs with, holds that a local government entity is liable under § 1983 when its official policy or custom inflicts injury, not solely for the acts of its employees or agents.
• Hays v. Jefferson Cnty.
  668 F.2d 869· 6th Cir.· 1982-01-04 ·cited 77×·via Monell V. Department Of Social Services
  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.
• Guillory v. Cnty. OF Orange
  731 F.2d 1379· 9th Cir.· 1984-04-25 ·cited 75×·via Monell V. Department Of Social Services
  The court held that the district court erred in dismissing governmental entity defendants and individual defendants, and in granting a directed verdict for the remaining defendants.
• Ralph E. Nishiyama and wife v. Dickson Cnty.
  814 F.2d 277· 6th Cir.· 1987-03-18 ·cited 74×
  The court held that the plaintiffs' allegations of gross negligence by sheriffs in entrusting a patrol car to a convicted felon, who then murdered the plaintiff's daughter, stated a claim for deprivation of life without due process under 42 U.S.C. § 1983.
• Brewer v. Blackwell
  692 F.2d 387· 5th Cir.· 1982-11-29 ·cited 74×·via Monell V. Department Of Social Services
  The court held that a justice of the peace is not immune from liability for non-judicial acts, and that police officers are protected by qualified immunity based on an objective good-faith standard. The court also found that the Parratt v. Taylor doctrine does not bar claims for
• Grandstaff v. The City OF Borger
  767 F.2d 161· 5th Cir.· 1985-08-05 ·cited 73×
  Police officers are liable under both Texas law and the Fourteenth Amendment for recklessly using deadly force that kills an innocent third party, even when the force might have been justified against the actual suspect. A municipality is liable under § 1983 for a policy of consc
• Rheuark v. Shaw
  628 F.2d 297· 5th Cir.· 1980-09-24 ·cited 73×
  The court held that while appellate delay can violate due process, the county was not liable because the judge, not the commissioners' actions, was the proximate cause of the delay. Individual defendants were immune.
• DeVARGAS v. Mason & Hanger-Silas Mason Co., Inc.
  844 F.2d 714· 10th Cir.· 1988-04-07 ·cited 71×
  Private parties acting under a government contract are entitled to qualified immunity, and the denial of such immunity is immediately appealable, even if claims for injunctive relief remain pending.
• Logan v. Norris Shealy
  660 F.2d 1007· 4th Cir.· 1981-10-07 ·cited 70×
  The court held that the strip search policy was unconstitutional and reversed directed verdicts for damages claims related to it, remanding for further proceedings. Other claims were affirmed.
• Ireland v. Prummell
  53 F.4th 1274· 11th Cir.· 2022-11-14 ·cited 69×
  Thomas Ireland's father appealed the district court's grant of summary judgment dismissing his claims arising from his son's death following a violent altercation with corrections officers at the Charlotte County Jail on August 24, 2015. The Eleventh Circuit affirmed the dismissa
• Arnold v. Bd. OF Educ. OF Escambia Cnty.
  880 F.2d 305· 11th Cir.· 1989-08-10 ·cited 69×·via Monell V. Department Of Social Services
  The court held that coercing a minor to abort violates her constitutional right to privacy and that coercing minors to refrain from consulting parents violates parental rights to direct upbringing. It also held that compelling action against religious beliefs can violate free exe
• Ybarra v. Reno Thunderbird Mobile Home Vill.
  723 F.2d 675· 9th Cir.· 1984-01-10 ·cited 68×
  A prosecutor is absolutely immune from damages liability under 42 U.S.C. § 1983 for authorizing the release of evidence, as this is considered a quasi-judicial act within the scope of their authority. A supervisor cannot be held liable for a subordinate's constitutional deprivati
• Hamm v. Members OF the Bd. OF Regents OF the State OF Fla.
  708 F.2d 647· 11th Cir.· 1983-07-01 ·cited 68×
  The court affirmed the dismissals of the plaintiff's claims, finding no error in the district court's rulings on procedural grounds, the scope of EEOC charges, or the application of legal standards for retaliation and discrimination.
• Smiddy v. Dudley D. Varney
  665 F.2d 261· 9th Cir.· 1981-08-07 ·cited 66×·via Monell V. Department Of Social Services
  Police officers are not liable for damages incurred after a district attorney files charges, unless the presumption of the prosecutor's independent judgment is rebutted. The judgment of liability is affirmed, but the damages award is vacated and remanded for a new trial.
• Reuber v. United States
  750 F.2d 1039· D.C. Cir.· 1984-12-07 ·cited 65×
  A private employer acting as an ad hoc federal agent, instigated by federal officials to violate constitutional rights, can be subject to Bivens liability and equitable relief like reinstatement, even if damages are available.
• McGHEE v. Draper
  639 F.2d 639· 10th Cir.· 1981-01-16 ·cited 64×·via Monell V. Department Of Social Services
  The court held that intervening Supreme Court precedent (Owen v. City of Independence) allows for compensatory damages and backpay against local government officials in their official capacities, even if they acted in good faith, for procedural due process violations. Reinstateme
• Kingsville Indep. Sch. Dist. v. Cooper
  611 F.2d 1109· 5th Cir.· 1980-02-15 ·cited 63×·via Monell V. Department Of Social Services
  The court held that an independent school district is amenable to suit under 42 U.S.C. § 1983, and that a teacher's classroom expression, even if controversial, is protected speech unless it overbalances her usefulness as an instructor.