Monell Liability

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

• Webster v. Fredricksen
  M.D. Fla.· 2019-08-21
  The Court grants defendants' motions to dismiss, finding the plaintiff's allegations insufficient to state a plausible claim for relief under federal or state law.
• LeBlanc v. Town of Fort Myers Beach
  M.D. Fla.· 2019-08-21 ·via Monell V. Department Of Social Services Municipal Liability
  The court held that the plaintiff failed to state a claim for violation of his constitutional rights under Section 1983, as his allegations lacked factual support and did not identify a fundamental right or constitutionally inadequate process.
• Wilson v. Corizon Health Inc
  N.D. Fla.· 2019-08-12
  A prison medical provider violates the Eighth Amendment only if deliberately indifferent to a prisoner's serious medical need, and negligence alone is insufficient for liability.
• Anderson v. Crews
  N.D. Fla.· 2019-06-16
  The court held that deputies are entitled to summary judgment on federal and state claims, and the sheriff is entitled to summary judgment on federal claims, but state claims against the sheriff present complex issues warranting remand.
• Casado v. Miami-Dade Cnty.
  106 La. 356· S.D. Fla.· 2018-10-23
  The court held that the plaintiff failed to state a claim under Monell for Section 1983 violations against the County and that state law claims against the County were barred by sovereign immunity.
• Lordeus v. Miami-Dade Cnty.
  S.D. Fla.· 2017-07-05
  The court held that the plaintiff failed to state a claim for excessive force against the county due to lack of allegations of policy or custom, and that the negligent training claim was barred by sovereign immunity.
• Giraldo v. City of Hollywood Fla.
  2015 U.S. Dist. LEXIS 150542· S.D. Fla.· 2015-10-19
  The court held that the officers were entitled to qualified immunity as they had arguable probable cause for the arrest, and that the plaintiff failed to establish a gender discrimination claim or municipal liability.
• Eisenberg Dev. Corp. v. City of Miami Beach
  S.D. Fla.· 2015-06-23
  The court held that the City of Miami Beach is entitled to recover its attorney's fees, costs, and sanctions due to the frivolous, unreasonable, and bad-faith nature of the claims brought by the plaintiffs.
• Pozdol v. City of Miami
  855 F. Supp. 2d 871· S.D. Fla.· 2014-01-29
  The court held that official capacity claims against municipal officers are redundant when the municipality is sued, and that supervisory liability requires a causal connection between the supervisor's actions and the constitutional violation.
• Hudson v. City of Riviera Beach
  840 F. Supp. 2d 898· S.D. Fla.· 2013-11-13
  The court held that the plaintiff failed to state a claim for municipal liability under § 1983 based on the drug policy or failure to train, but the plaintiff may have a cognizable interest in employment for due process claims against individual defendants.
• United States v. Masilotti
  824 F. Supp. 2d 581· S.D. Fla.· 2013-08-07
• Hoefling v. City of Miami
  699 F. App'x 783· S.D. Fla.· 2012-07-13
  Officers Roque and Gonzalez are entitled to qualified immunity for the destruction of the vessel, and the City of Miami is not liable under § 1983 for the alleged constitutional violations.
• Feliciano v. City of Miami Beach
  643 F. App'x 54· S.D. Fla.· 2012-02-22
  The court granted in part and denied in part the motion in limine, precluding the plaintiffs police expert from testifying on deliberate indifference and custom/practice of excessive force, but allowing testimony on the use of force.
• Bloom v. Miami-Dade Cnty.
  816 F. Supp. 2d 1265· S.D. Fla.· 2011-09-16
  The court held that the state defendants' motions to dismiss should be granted in part, finding insufficient service for some claims, failure to comply with sovereign immunity notice requirements, and entitlement to qualified immunity for federal claims against Officer Reynolds.
• Sherrod v. Sch. BD. of Palm Beach Cnty.
  703 F. Supp. 2d 1279· S.D. Fla.· 2010-03-18
  The court held that the plaintiff's speech as a citizen on a matter of public concern is constitutionally protected, and therefore the defendants' motion for summary judgment on the First Amendment retaliation claim should be denied. However, the court granted summary judgment fo
• Rodriguez v. City of Clermont
  681 F. Supp. 2d 1313· M.D. Fla.· 2009-12-31
  Summary judgment is granted in part and denied in part, allowing the hostile work environment claim against Radi to proceed but dismissing other claims against him and the municipal liability claim against the City and CPD.
• Crenshaw v. Lister
  566 F. Supp. 2d 1334· M.D. Fla.· 2008-07-15
  The court granted summary judgment for Sheriff Davenport but denied it for Officers Lister and Merritt, finding genuine issues of material fact regarding excessive force and failure to intervene.
• Williams v. Sirmons
  563 F. Supp. 2d 1315· M.D. Fla.· 2008-05-27
  Summary judgment is granted for the sheriff on the § 1983 failure to train claim, but denied on other claims against the sheriff and officers, as genuine issues of material fact exist regarding probable cause and excessive force.
• Jones v. Jeld-Wen, Inc.
  213 F.R.D. 166· S.D. Fla.· 2008-05-09
  The court granted in part and denied in part the motion for supervision, finding one communication potentially abusive while another was not.
• IN & FOR NEW Castle Cnty. Richard L. Abbott v. Gordon
  Del. Super. Ct.· 2008-03-27
  The court granted defendants' motions to dismiss, finding that the plaintiff failed to state a claim upon which relief could be granted. The plaintiff's claims under 42 U.S.C. § 1983 were dismissed due to the absence of a constitutional right to hold office, the statute of limita
• Seraphin Ex Rel. Estate of Seraphin v. Parapella
  489 F. Supp. 2d 1354· S.D. Fla.· 2007-05-16
  The court held that Broward County is a proper party, not a nominal one, and its failure to consent to removal requires remand.
• Frazier Ex Rel. Frazier v. Alexandre
  2006 U.S. Dist. LEXIS 38561· S.D. Fla.· 2006-05-31
  The court held that the plaintiff has standing to bring both facial and as-applied challenges to the statute and that the statute, as applied, violates the First Amendment.
• Perez v. Miami-Dade Cnty.
  348 F. Supp. 2d 1343· S.D. Fla.· 2004-12-14
  The court held that the defendant county was not liable for excessive force under § 1983 because the plaintiff failed to demonstrate a municipal policy or custom of permitting such force, nor did the county exhibit deliberate indifference to the officer's alleged racism or reckle
• Thompson v. Spears
  336 F. Supp. 2d 1224· S.D. Fla.· 2004-07-19
  The court held that the plaintiff failed to establish an objectively substantial risk of serious harm or deliberate indifference by the county, thus granting summary judgment for the defendants.
• Moghadam v. Morris
  87 F. Supp. 2d 1255· N.D. Fla.· 2000-02-23
  The court held that the plaintiff failed to establish a prima facie case of discrimination and that the defendant was entitled to summary judgment.
• Singer v. AT & T Corp.
  959 F. Supp. 2d 427· S.D. Fla.· 1998-03-04
  The court held that the plaintiff's motion for class certification should be granted because the class was adequately defined, numerous, common questions of law and fact predominated, the named plaintiff's claims were typical, and the representation was adequate.
• Cox v. McCraley
  993 F. Supp. 1452· M.D. Fla.· 1998-02-10
  The court held that the plaintiff failed to state a claim under federal law against the School Board and that the individual defendants were entitled to qualified immunity, warranting dismissal of the federal claims.
• Denmark v. Lee Cnty.
  931 F. Supp. 831· M.D. Fla.· 1996-07-01 ·via Monell V. Department Of Social Services
  Summary judgment is denied for Defendant Schramm on the § 1983 claims and the state law battery claim due to genuine issues of material fact regarding excessive force. Summary judgment is granted for Defendant Schramm on the state law false arrest and false imprisonment claims be
• Bailey v. Bd. OF Cnty. Comm'rs
  659 So. 2d 295· Fla. 1st DCA· 1994-12-20
  Bailey sued multiple defendants for false arrest, malicious prosecution, and civil rights violations following his wrongful arrest during an undercover sting operation. The Florida appellate court affirmed dismissal of all claims except a potential negligence claim against Alachu
• Cannon v. The City & Cnty. OF Denver
  998 F.2d 867· 10th Cir.· 1993-07-12
  The court held that summary judgment was appropriate because the plaintiffs' evidence of a municipal custom or policy was insufficient to create a genuine issue of material fact.
• LOS Angeles Police Protective League v. Gates
  995 F.2d 1469· 9th Cir.· 1993-06-08
  The court held that while the plaintiff cannot obtain relief based on an unconstitutional search if it was not pursuant to official policy, he may still be entitled to equitable relief based on a due process violation related to his termination hearing.
• Gaines v. Walker
  986 F.2d 1438· D.C. Cir.· 1993-03-09
  The court held that the District of Columbia is not obligated to indemnify the officer for his liability, but the trial court committed prejudicial error by excluding the officer's prior consistent statement (police report) offered to rebut a charge of fabrication.
• Ketchum v. City OF W. Memphis
  974 F.2d 81· 8th Cir.· 1992-09-02 ·via Monell V. Department Of Social Services
• Goldberg v. Town OF Rocky Hill
  973 F.2d 70· 2d Cir.· 1992-08-10
  A municipality is not entitled to absolute or qualified immunity under 42 U.S.C. § 1983 for actions taken in a legislative capacity.
• George v. City OF Long Beach
  973 F.2d 706· 9th Cir.· 1992-07-31
  The court held that nominal damages must be awarded for a proven violation of constitutional rights, and that state law claims for false arrest and imprisonment should not have been dismissed based solely on the existence of probable cause when the arrest was otherwise unlawful.
• Milan Chonich v. Wayne Cnty. Cmty. Coll.
  973 F.2d 1271· 6th Cir.· 1992-06-09
  The court held that it was plain and prejudicial error to require plaintiffs to prove proximate cause for nominal damages in a malicious libel case, and that the prior remand necessitated further consideration of whether a new trial on § 1983 liability was required due to Monell
• August Smith v. City OF Joliet
  965 F.2d 235· 7th Cir.· 1992-05-28
  The court held that the plaintiff failed to present sufficient evidence of a City policy or custom causing the alleged constitutional violation, thus affirming the grant of summary judgment.
• Rory Nitcher v. Does
  956 F.2d 796· 8th Cir.· 1992-02-10 ·via Monell V. Department Of Social Services
  The court held that the MDOC and State were improperly awarded damages on their counterclaim as they were not proper parties, but affirmed the denial of Nitcher's constitutional claims and the award of actual damages to eight prison officials for abuse of process.
• Berkovich v. Winslow Hicks
  922 F.2d 1018· 2d Cir.· 1991-01-04 ·via Monell V. Department Of Social Services
• Laidley v. Lantz McCLAIN
  914 F.2d 1386· 10th Cir.· 1990-09-13 ·via Monell V. Department Of Social Services
  The court held that the notice of appeal was insufficient to confer jurisdiction for most plaintiffs, but a genuine issue of material fact existed regarding whether one plaintiff was terminated due to political activity, precluding summary judgment for that plaintiff against the
• Daiva Richardson and Ronnie Richardson v. City OF S. Euclid
  904 F.2d 1050· 6th Cir.· 1990-06-11
  The majority erred by requiring proof of separate property or liberty interests beyond the deprivation caused by an unconstitutionally vague ordinance, which itself violates due process.
• 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.
• Lolita Mitchell v. Aluisi
  872 F.2d 577· 4th Cir.· 1989-04-21
  The court affirmed summary judgment for defendants on the recalled warrant claim, finding no constitutional violation, but reversed and remanded the medical care claim due to insufficient factual development.
• Mann v. Adams
  846 F.2d 589· 9th Cir.· 1988-05-18 ·via Monell V. Department Of Social Services
  The court held that a state's failure to certify grievance procedures does not create a cause of action, and prison officials may open incoming mail in the inmate's presence for security reasons.
• Fredrico Lowe v. City OF ST. Louis
  843 F.2d 1158· 8th Cir.· 1988-04-13
  The court held that the evidence was insufficient to establish that the City of St. Louis was liable for the actions of Officer McDarby, as the City's progressive discipline policy was not unconstitutional.
• Todd v. Navarro
  698 F. Supp. 871· S.D. Fla.· 1988-03-31
  The court held that homosexuals are not a suspect class for equal protection purposes and that the plaintiff failed to state a claim for due process violations. Claims against certain defendants were dismissed for failure to state a cause of action.
• United States v. Gonzalez
  427 F.2d 71· S.D. Fla.· 1987-07-20
• LEE v. Town OF Estes Park
  820 F.2d 1112· 10th Cir.· 1987-06-05
  The court held that a private individual reporting suspected criminal activity to police, who then exercise their own judgment, does not constitute acting under color of state law for § 1983 liability. The court also affirmed summary judgment for other defendants based on lack of
• Teague v. City OF ST. Louis
  615 F.2d 773· 8th Cir.· 1980-02-28 ·via Monell V. Department Of Social Services
  The court affirmed the district court's decision, finding no error in the Title VII claim and no purpose for remanding the § 1983 claim based on the trial judge's findings.
• O'Hern v. The Sch. Dist. OF Springfield R-12
  578 F.2d 220· 8th Cir.· 1978-07-06 ·via Monell V. Department Of Social Services
  The court held that a school district and its members are subject to suit under 42 U.S.C. § 1983, vacating the dismissal of federal and state claims.