Monell Liability

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

• Berdin v. Duggan
  701 F.2d 909· 11th Cir.· 1983-04-01 ·cited 37×
  A public employee's speech concerning the condition of public services is constitutionally protected, and a mayor is not entitled to qualified immunity for firing an employee for such speech if the law was clearly established.
• Harrington v. Vandalia-Butler Bd. OF Educ.
  649 F.2d 434· 6th Cir.· 1981-05-22 ·cited 36×·via Monell V. Department Of Social Services
  The court held that summary judgment for individual defendants was improper due to lack of notice under Rule 56(c), but res judicata barred the § 1983 claim against all defendants despite the intervening Monell decision.
• Swain v. Junior
  958 F.3d 1081· 11th Cir.· 2020-05-05 ·cited 35×
  The court granted a stay of the preliminary injunction pending appeal, finding the defendants were likely to succeed on appeal due to probable errors by the district court.
• Jayne Swinford v. Santos
  121 F.4th 179· 11th Cir.· 2024-11-04 ·cited 34×
  The Eleventh Circuit held that the district court properly considered body camera footage under the incorporation-by-reference doctrine when ruling on a motion to dismiss, and that the officers were entitled to qualified immunity.
• Vinson v. Campbell Cnty. Fiscal Court
  820 F.2d 194· 6th Cir.· 1987-06-04 ·cited 34×·via Monell V. Department Of Social Services
  The court held that the magistrate erred in dismissing the substantive due process claim regarding child custody, and that the claim regarding false imprisonment should be analyzed under Parratt v. Taylor, but reversed the summary judgment on the custody claim.
• Wilson v. The City OF N. Little Rock
  801 F.2d 316· 8th Cir.· 1986-09-12 ·cited 34×·via Monell V. Department Of Social Services
  The court held that the district court erred in dismissing the § 1983 claim against individual officers based on Parratt v. Taylor, as intentional abuse of power implicates substantive due process. However, the court affirmed the directed verdict for the City, finding no unconsti
• Neubauer v. City OF McALLEN
  766 F.2d 1567· 1st Cir.· 1985-08-08 ·cited 34×·via Monell V. Department Of Social Services
  The court held that a general jury verdict based on multiple theories of liability, where at least one theory lacks sufficient evidentiary support, must be reversed because it is impossible to determine the jury's basis for the verdict. The court also held that a governmental emp
• John v. Norris
  737 F.2d 1148· D.C. Cir.· 1984-06-22 ·cited 34×·via Monell V. Department Of Social Services Municipal Liability
  The court held that a prisoner alleging unprovoked macing and beating by correctional officers states a claim under 42 U.S.C. § 1983, even without permanent injury, if the force was applied maliciously and sadistically.
• Cleamtee Garner v. Memphis Police Dep't
  710 F.2d 240· 6th Cir.· 1983-06-16 ·cited 34×
  A state statute authorizing police to use deadly force to apprehend unarmed, non-violent fleeing felons is unconstitutional under the Fourth and Fourteenth Amendments as an unreasonable seizure and a violation of due process.
• Harris v. City OF Roseburg
  664 F.2d 1121· 9th Cir.· 1981-12-28 ·cited 34×
  The court held that while a police officer's mere presence during a repossession might not constitute state action, active participation or intimidation preventing a debtor from exercising legal rights can lead to liability under 42 U.S.C. § 1983. However, the officer was immune
• Commonwealth OF Pa. & Richard W. Baumann v. Porter
  659 F.2d 306· 3d Cir.· 1981-07-30 ·cited 34×·via Monell V. Department Of Social Services
  The court held that the Commonwealth of Pennsylvania is an appropriate plaintiff to bring a parens patriae action seeking injunctive relief against police misconduct and that the case was not rendered moot by the officer's change of employment.
• GAY Student Servs. v. Tex. A & M Univ.
  612 F.2d 160· 5th Cir.· 1980-02-20 ·cited 34×·via Monell V. Department Of Social Services
  The court held that the district court erred in dismissing the case, as the university and its officials could be sued under 42 U.S.C. § 1983 and Eleventh Amendment immunity did not bar injunctive or declaratory relief.
• Norris v. Frame
  585 F.2d 1183· 3d Cir.· 1978-10-31 ·cited 33×·via Monell V. Department Of Social Services
  The court held that discontinuing a medically accepted course of treatment for a pretrial detainee, without demonstrating a legitimate security concern or administrative necessity, violates the detainee's due process rights.
• Cordero v. De Jesus-Mendez
  867 F.2d 1· 1st Cir.· 1989-01-24 ·cited 32×
  The court held that the district court erred in awarding back pay post-verdict and in nullifying the jury's answer regarding official policy, necessitating a new trial on damages but not liability. It also affirmed that certain positions, like Municipal Secretary and Personnel Di
• Brown v. City OF Clewiston & Luis Perez
  848 F.2d 1534· 11th Cir.· 1988-07-13 ·cited 32×
  The court held that the plaintiff failed to demonstrate a genuine issue of material fact regarding the City's official policy on the use of deadly force, thus affirming the grant of summary judgment.
• Malachowski v. City OF Keene
  787 F.2d 704· 1st Cir.· 1986-03-28 ·cited 32×
  The court held that federal courts should abstain from hearing claims for injunctive relief related to pending state juvenile delinquency proceedings and that various appellees were immune from damages claims or failed to state a claim under § 1983.
• Milan Schultz v. Baumgart
  738 F.2d 231· 7th Cir.· 1984-07-02 ·cited 32×·via Monell V. Department Of Social Services
  A public employee with a property interest in their job must receive prior notice and a meaningful opportunity to respond before termination; post-termination remedies do not cure a pre-termination due process violation if pre-termination procedures were practicable. Individual l
• Reimer v. Short
  578 F.2d 621· 5th Cir.· 1978-08-21 ·cited 32×·via Monell V. Department Of Social Services
• Batista v. Rodriguez
  702 F.2d 393· 2d Cir.· 1983-03-11 ·cited 31×·via Monell V. Department Of Social Services
  The court held that the complaint failed to state a claim for municipal liability under 42 U.S.C. § 1983 because it did not allege a causal link between the City's alleged policy and the plaintiffs' injuries, and the evidence was insufficient to prove such causation.
• Webster v. The City OF Houston
  689 F.2d 1220· 5th Cir.· 1982-10-28 ·cited 31×·via Monell V. Department Of Social Services
  The court held that punitive damages are not available against a municipality under 42 U.S.C. § 1983, regardless of the egregiousness of the conduct.
• Delaney v. Giarrusso
  633 F.2d 1126· 5th Cir.· 1981-01-05 ·cited 31×
  The court held that the illegal arrest claim requires exhaustion of state remedies, while the excessive force claim can proceed on the merits. The judgment dismissing the excessive force claim is affirmed, and the illegal arrest claim is vacated and remanded.
• Buckley v. Fitzsimmons
  919 F.2d 1230· 7th Cir.· 1990-12-05 ·cited 30×
  The court should not grant absolute immunity to a prosecutor for statements made at a press conference that allegedly create prejudicial pretrial publicity.
• Nydia Tavarez and Manny Tavarez v. O'Malley
  826 F.2d 671· 7th Cir.· 1987-08-13 ·cited 30×·via Monell V. Department Of Social Services
  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
• Shaw v. State OF Cal. Dep't OF Alcoholic Bev. Control
  788 F.2d 600· 9th Cir.· 1986-04-28 ·cited 30×
  The Eleventh Amendment and claim preclusion bar suits against state agencies and officials for damages, but not prospective injunctive relief. Issue preclusion does not apply to claims against municipal defendants when the initial tribunal lacked jurisdiction to directly decide t
• Avery v. Cnty. OF Burke
  660 F.2d 111· 4th Cir.· 1981-10-02 ·cited 30×
  Summary judgment for the county and its boards was improper because genuine issues of material fact exist regarding whether their policies or customs, or lack thereof, caused the plaintiff's constitutional deprivation.
• DeVASTO v. Faherty
  658 F.2d 859· 1st Cir.· 1981-09-11 ·cited 30×·via Monell V. Department Of Social Services
  The admission of evidence found during an unlawful search, without proper limiting instructions, was not harmless error and requires a new trial. The district court also erred in denying plaintiff's motion to amend her complaint to add the City of Boston as a defendant.
• Praprotnik v. City OF ST. Louis
  798 F.2d 1168· 8th Cir.· 1986-08-19 ·cited 29×·via Monell V. Department Of Social Services
  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.
• Hirst v. Gertzen
  676 F.2d 1252· 9th Cir.· 1982-05-10 ·cited 29×·via Monell V. Department Of Social Services Municipal Liability
  The majority opinion reversed the trial court's decision, allowing evidence of a deputy sheriff's prior acts to be admissible for proving gross negligence and proximate cause in a civil rights action, despite the dissenting judge's view that such evidence was irrelevant and preju
• Ross v. United States
  910 F.2d 1422· 7th Cir.· 1990-08-16 ·cited 28×·via Monell V. Department Of Social Services
  The court held that the United States and the City of Waukegan were properly dismissed, but the claim against Lake County for violating William Ross's constitutional rights by preventing rescue was cognizable under § 1983.
• Patrick v. Jasper Cnty. & Sheriff Terry Gilliland
  901 F.2d 561· 7th Cir.· 1990-04-12 ·cited 28×
  County prosecutors and sheriffs cannot evade constitutional and statutory obligations for prompt presentment by claiming the prisoner was delivered by state police or by warehousing the prisoner outside the county.
• Palmerin v. City OF Riverside
  794 F.2d 1409· 9th Cir.· 1986-07-21 ·cited 28×
  The court held that guilty pleas were admissible as admissions of resistance and that the failure to object contemporaneously at trial after an unsuccessful motion in limine did not waive the appeal issue. The court also dismissed the appeal regarding the marijuana due to an inco
• Williams v. Butler
  746 F.2d 431· 8th Cir.· 1984-10-15 ·cited 28×·via Monell V. Department Of Social Services
  The court held that a city cannot be held liable under § 1983 solely based on an individual official's act if that act does not represent an official city policy or custom.
• Paxman v. Campbell
  612 F.2d 848· 4th Cir.· 1980-01-02 ·cited 28×·via Monell V. Department Of Social Services
  The maternity leave policies requiring pregnant teachers to cease teaching at mandatory times violated the due process clause of the Fourteenth Amendment under Cleveland Board of Education v. LaFleur. School board members sued in their individual capacities are entitled to qualif
• 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.
• Cabrales v. Cnty. OF LOS Angeles
  864 F.2d 1454· 9th Cir.· 1988-12-28 ·cited 27×
  The court affirmed the denial of the JNOV motion, the denial of summary judgment, and the jury verdict, finding that the defendants waived sufficiency of evidence arguments by failing to move for a directed verdict. The court also affirmed the attorneys' fees award, finding no ab
• Metzger v. Osbeck
  841 F.2d 518· 3d Cir.· 1988-03-11 ·cited 27×·via Monell V. Department Of Social Services
  The court held that the plaintiff failed to produce sufficient evidence to demonstrate a constitutional violation under section 1983, as the teacher's actions did not rise to the level of excessive force or abuse of power, and the injuries were unexpected and unintended.
• Josiah Haynesworth and Fred Hancock v. Miller
  820 F.2d 1245· D.C. Cir.· 1987-05-29 ·cited 27×·via Monell V. Department Of Social Services
  The court's holding is not a single unified one, but rather a series of concurrences and disagreements on various claims and dismissals.
• Khoury v. The Miami-Dade Cnty. Sch. Bd.
  4 F.4th 1118· 11th Cir.· 2021-07-07 ·cited 26×·via Monell V. Department Of Social Services Municipal Liability
  The court held that the district court erred in granting summary judgment to Officer Williams on the false arrest and First Amendment retaliation claims because disputed facts regarding probable cause and the officer's actions precluded qualified immunity. Summary judgment for th
• Evett L. Simmons v. Ric Bradshaw
  879 F.3d 1157· 11th Cir.· 2018-01-10 ·cited 26×
  Dontrell Stephens was shot four times by Deputy Sheriff Adams Lin during a traffic stop in September 2013, resulting in permanent paralysis. A jury awarded Stephens $23,148,100 in damages for excessive force. The Eleventh Circuit affirmed summary judgment dismissing Stephens' Mon
• Bateson v. Geisse
  857 F.2d 1300· 9th Cir.· 1988-09-20 ·cited 26×
  The City Council's arbitrary withholding of a building permit, after all requirements were met, violated the developer's substantive due process rights and constituted official policy, making the City and council members liable. The court also affirmed the dismissal of procedural
• Shah v. Cnty. OF LOS Angeles
  797 F.2d 743· 9th Cir.· 1986-08-15 ·cited 26×·via Monell V. Department Of Social Services
  The court held that a claim for substantive due process violation is not barred by the availability of state remedies, and that a municipal liability claim based on alleged policy or custom cannot be dismissed on the pleadings alone.
• Grotta v. State OF R.I.
  781 F.2d 343· 1st Cir.· 1986-01-17 ·cited 26×
  A state that waives its Eleventh Amendment immunity is a "person" suable under 42 U.S.C. § 1983, but liability requires proof of a state policy or custom causing the deprivation, not just respondeat superior.
• 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.
• Glaros v. Perse
  628 F.2d 679· 1st Cir.· 1980-08-12 ·cited 26×·via Monell V. Department Of Social Services Municipal Liability
  The court held that the dismissal of the complaint against out-of-state defendants and the Commonwealth of Massachusetts was proper, but remanded the case for redetermination of the motion to amend the complaint as to certain Massachusetts defendants and the United States.
• Domingo Roque Molina v. Paul T. Richardson & the City of Los Angeles
  578 F.2d 846· 9th Cir.· 1978-07-21 ·cited 26×·via Monell V. Department Of Social Services
  The dissenting judge would reverse the district court's decision, find jurisdiction, and infer a cause of action against the city directly from the Fourteenth Amendment.
• Simmons v. The City OF Philadelphia
  947 F.2d 1042· 3d Cir.· 1991-10-18 ·cited 25×·via Monell V. Department Of Social Services
  A municipality can be held liable under section 1983 for deliberate indifference to constitutional rights, which can be proven by demonstrating reckless conduct or a failure to act when officials should have known of a risk.
• Hammer v. Gross
  932 F.2d 842· 9th Cir.· 1991-05-13 ·cited 25×
  The Ninth Circuit en banc held that while the use of force to extract a blood sample from a suspect is governed by the Fourth Amendment's objective reasonableness standard, the question of whether the force used in this case was excessive was a matter for the jury. The court also
• Carter v. Dist. OF Columbia
  795 F.2d 116· D.C. Cir.· 1986-07-03 ·cited 25×·via Monell V. Department Of Social Services Municipal Liability
  The court held that the trial judge erred in allowing extensive introduction of allegations of prior police misconduct, necessitating a new trial on claims submitted to the jury. The court also affirmed the directed verdict for the municipality on the constitutional tort claim.
• Bertold J. Pembaur, M.D. v. City OF Cincinnati
  746 F.2d 337· 6th Cir.· 1984-10-18 ·cited 25×
  The court held that the prosecutor was entitled to good faith immunity and that the county was not liable for the sheriff's actions as no county policy was established. However, the dismissal of the claim against the city was vacated and remanded.
• McCUEN v. Polk Cnty.
  893 F.2d 172· 8th Cir.· 1990-01-04 ·cited 24×
  The court held that the defendants were entitled to immunity, either absolute or qualified, for their actions related to the temporary removal of the child, and thus summary judgment was appropriate.