Monell Liability

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

• Moore v. Miami-Dade Cnty.
  502 F. Supp. 2d 1224· S.D. Fla.· 2007-07-18 ·cited 16×
  The court held that the plaintiff failed to state a claim against the county under 42 U.S.C. § 1983 and that the defendant officers were entitled to qualified immunity due to insufficient factual allegations.
• Caldwell v. City OF Elwood
  959 F.2d 670· 7th Cir.· 1992-04-01 ·cited 16×
  A plaintiff must sufficiently allege that disciplinary action was taken because of constitutionally protected speech and, for municipal liability, must plead a custom or policy, not just a single incident.
• Turner v. Upton Cnty.
  915 F.2d 133· 5th Cir.· 1990-09-11 ·cited 16×·via Monell V. Department Of Social Services
  A county can be held liable under 42 U.S.C. § 1983 for the actions of its sheriff if the sheriff is the final policymaker for law enforcement and abuses that authority, even without proof of an official county policy or custom.
• Roman v. Jeffes
  904 F.2d 192· 3d Cir.· 1990-06-08 ·cited 16×·via Monell V. Department Of Social Services
  Dismissal of a complaint as frivolous under 28 U.S.C. § 1915(d) is inappropriate after service of process has been made on the defendants. Alternatively, the complaint had arguable merit, precluding such dismissal.
• 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.
• Consol. Television Cable Serv., Inc. v. The City OF Frankfort
  857 F.2d 354· 6th Cir.· 1988-09-21 ·cited 16×·via Monell V. Department Of Social Services
  The court held that res judicata barred Consolidated's action and that Community was an agent of the City for state action immunity purposes.
• Carter v. City OF Chattanooga
  850 F.2d 1119· 6th Cir.· 1988-06-27 ·cited 16×·via Monell V. Department Of Social Services
  The Sixth Circuit Court of Appeals held that the Supreme Court's decision in Tennessee v. Garner, which established new constitutional standards for the use of deadly force against fleeing felons, should not be applied retroactively to the City of Chattanooga. The court found tha
• Ngiraingas v. Sanchez
  858 F.2d 1368· 9th Cir.· 1988-06-07 ·cited 16×·via Monell V. Department Of Social Services
  Guam is not a 'person' under 42 U.S.C. § 1983, thus claims against it and its officials in their official capacities are dismissed. Claims against individual officers are not time-barred and may proceed, subject to qualified immunity.
• van Ooteghem v. Hartsell Gray
  774 F.2d 1332· 5th Cir.· 1985-10-29 ·cited 16×
  A Texas county is liable for its Treasurer's unconstitutional firing of an employee, but reinstatement is not appropriate when a new Treasurer with appointment power has been elected; attorney fees were improperly calculated.
• Cabrera v. Municipality OF Bayamon
  622 F.2d 4· 1st Cir.· 1980-05-28 ·cited 16×·via Monell V. Department Of Social Services
  The court affirmed the contempt order against the mayor but vacated the dismissal of the municipality and remanded for further proceedings. The court also affirmed the dismissal of claims against the mayor in his personal capacity.
• Walker v. The City OF NEW York
  974 F.2d 293· 2d Cir.· 1992-09-04 ·cited 15×
  A municipality can be liable under § 1983 for a district attorney's deliberate indifference in failing to train or supervise prosecutors regarding Brady obligations, and for police officers' perjury, if such failures amount to deliberate indifference and are the proximate cause o
• Labib Ismail v. Cohen
  899 F.2d 183· 2d Cir.· 1990-03-27 ·cited 15×
  The court held that the first jury's damage award was fair and reasonable, reversing the district court's remittitur and reinstating the original verdict. It also affirmed the district court's rulings on jurisdiction and evidence.
• Alain Scofield v. City OF Hillsborough
  862 F.2d 759· 9th Cir.· 1988-12-07 ·cited 15×
  Due process does not require pre-towing notice for vehicles unregistered for over a year, but a post-towing hearing may be constitutionally required if timely requested and denied.
• Owens v. City OF Atlanta
  780 F.2d 1564· 11th Cir.· 1986-01-30 ·cited 15×·via Monell V. Department Of Social Services Municipal Liability
  Individual city employees cannot be held liable under 42 U.S.C.A. § 1983 for merely negligent conduct, and the City of Atlanta cannot be held liable for maintaining a policy regarding use of a “stretch” restraining procedure without evidence of fault.
• Pottinger v. City of Miami
  810 F. Supp. 1551· S.D. Fla.· 1992-11-16 ·cited 14×
  The court held that the City of Miami's custom and practice of arresting homeless individuals for essential life-sustaining activities in public places violated their constitutional rights, warranting injunctive relief.
• 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.
• Elliott v. Cheshire Cnty.
  940 F.2d 7· 1st Cir.· 1991-07-25 ·cited 14×
  Summary judgment for corrections personnel is vacated and remanded because a genuine issue of material fact exists regarding whether they had notice of the detainee's suicidal tendencies. Summary judgment for the county and arresting officer is affirmed.
• Millspaugh v. Cnty. Dep't OF Pub. Welf. OF Wabash Cnty.
  937 F.2d 1172· 7th Cir.· 1991-07-15 ·cited 14×
  Social workers are entitled to absolute immunity for actions taken in presenting a case to a court, and qualified immunity for actions in gathering evidence or taking initial custody, provided those actions were objectively reasonable.
• Leahy v. The Bd. OF Trs. OF Cmty. Coll. Dist. NO. 508
  912 F.2d 917· 7th Cir.· 1990-09-07 ·cited 14×
  The court affirmed the dismissal of the plaintiff's federal and state claims, finding no state action for the § 1983 claim and no constitutional injury, and also affirmed Rule 11 sanctions due to the frivolous nature of the appeal.
• Collinson v. Gott
  895 F.2d 994· 4th Cir.· 1990-02-13 ·cited 14×
  The court held that a genuine issue of material fact exists regarding the necessity of silencing Collinson, precluding summary judgment on qualified immunity.
• Flanagan v. Munger
  890 F.2d 1557· 10th Cir.· 1989-12-08 ·cited 14×·via Monell V. Department Of Social Services
  The court held that the public concern test of Pickering/Connick does not apply to off-duty, non-work-related speech, and that the balance tips in favor of the officers' free speech rights, but the Chief of Police is entitled to qualified immunity.
• Eugenia Rodriguez v. Avita
  871 F.2d 552· 5th Cir.· 1989-05-01 ·cited 14×
  A municipality cannot be held liable under 42 U.S.C. § 1983 for a single incident of alleged police misconduct stemming from inadequate training, absent evidence of a pattern of similar incidents or widespread incompetence.
• McCONNEY v. The City OF Houston
  863 F.2d 1180· 5th Cir.· 1989-01-23 ·cited 14×·via Monell V. Department Of Social Services
  A municipal policy does not need to be unconstitutional in itself to support Section 1983 liability if the policy causes a predicate unconstitutional act.
• Foster v. Walsh
  864 F.2d 416· 6th Cir.· 1988-12-14 ·cited 14×·via Monell V. Department Of Social Services
  A court clerk issuing an arrest warrant at a judge's direction is performing a judicial function and is absolutely immune from suit. A municipal court is not a 'person' under 42 U.S.C. § 1983.
• Hill Stokes v. Bullins
  844 F.2d 269· 5th Cir.· 1988-05-10 ·cited 14×
  A municipality's gross negligence in hiring an officer, without more, does not establish a constitutional violation under 42 U.S.C. § 1983, nor does it satisfy the "policy" requirement for municipal liability.
• Allan G. Charles, M.D. v. Daley
  846 F.2d 1057· 7th Cir.· 1988-05-05 ·cited 14×
  Private intervening defendants who did not violate plaintiffs' constitutional rights may nonetheless be held liable for attorneys' fees under 42 U.S.C. § 1988 if the plaintiffs achieved prevailing-party status by succeeding on the merits against those intervenors. The critical di
• Bigford v. Taylor
  834 F.2d 1213· 5th Cir.· 1988-01-05 ·cited 14×
  The court held that officers lacked probable cause to seize the truck, reversing the dismissal of this claim against one officer. However, the court affirmed that the county and sheriff were not liable, and that the due process claim failed as no defendant was liable for the dela
• Evers v. The Cnty. OF Custer
  745 F.2d 1196· 9th Cir.· 1984-10-22 ·cited 14×
  The court held that the County's issuance of a "Declaration of Public Road" without prior notice and an opportunity for the landowner to be heard constituted a deprivation of property without due process, and that the County could be liable under § 1983. However, the Commissioner
• Neola N. Howard v. Fortenberry
  723 F.2d 1206· 5th Cir.· 1984-02-02 ·cited 14×·via Monell V. Department Of Social Services Municipal Liability
  Summary judgment for most defendants is affirmed, but reversed and remanded for the Director of Corrections and the sanitarians due to disputed material facts regarding their duties and potential breaches.
• Vela v. White
  703 F.2d 147· 5th Cir.· 1983-04-18 ·cited 14×
  The court affirmed the district court's findings, holding that some plaintiffs were unlawfully arrested without probable cause and deprived of due process, while others were lawfully arrested or their claims failed.
• Powell v. Shopco Laurel Co. & Robert K. Skeen
  678 F.2d 504· 4th Cir.· 1982-05-18 ·cited 14×·via Monell V. Department Of Social Services
  A private employer cannot be held liable under 42 U.S.C. § 1983 solely on the basis of respondeat superior.
• Land v. Sheriff of Jackson Cnty. Fla.
  85 F.4th 1121· 11th Cir.· 2023-10-31 ·cited 12×
  The court held that Deputy Allen is entitled to qualified immunity because the affidavit, even excluding misstatements, provided probable cause for Land's arrest, and thus Land's Fourth Amendment claim fails.
• 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.
• Oviatt v. Pearce
  954 F.2d 1470· 9th Cir.· 1992-01-15 ·cited 12×
  The court held that a jury could reasonably find Multnomah County liable under § 1983 for deliberate indifference to an inmate's liberty interest, and that the county was not immune from liability for false imprisonment under the Oregon Tort Claims Act.
• Williams v. Ellington
  936 F.2d 881· 6th Cir.· 1991-06-24 ·cited 12×
  The court held that school officials were entitled to qualified immunity for conducting a strip search of a student based on reasonable suspicion, and that the school board was not liable under § 1983 for ratifying the search.
• Bielevicz v. Officer J. Dubinon
  915 F.2d 845· 3d Cir.· 1990-09-28 ·cited 12×·via Monell V. Department Of Social Services
  The court held that the plaintiffs presented sufficient evidence to withstand a motion for directed verdict on the issue of whether their injuries were caused by the City's custom of arresting people for public intoxication without probable cause and with no intention of prosecut
• Weller v. Dep't OF Soc. Servs. FOR the City OF Baltimore
  901 F.2d 387· 4th Cir.· 1990-04-19 ·cited 12×·via Monell V. Department Of Social Services
  The court held that while most of the plaintiff's claims were properly dismissed for lack of jurisdiction, the complaint sufficiently alleged a procedural due process violation regarding the transfer of child custody without a hearing to warrant further factual inquiry.
• Yancey v. Carroll Cnty.
  876 F.2d 1238· 6th Cir.· 1989-04-10 ·cited 12×
  The court held that the district court properly granted summary judgment for most defendants, but erred in dismissing Detective Harrison's case regarding the search warrant for Yancey's home, as there was a genuine issue of material fact regarding probable cause.
• Est. OF Raymond James Cartwright v. City OF Concord
  856 F.2d 1437· 9th Cir.· 1988-09-15 ·cited 12×
  The court held that the district court's findings of fact were not clearly erroneous and its legal conclusions were without merit, affirming the dismissal of the complaint.
• Ford v. Childers
  855 F.2d 1271· 7th Cir.· 1988-08-22 ·cited 12×·via Monell V. Department Of Social Services
• Jett v. Dallas Indep. Sch. Dist.
  837 F.2d 1244· 5th Cir.· 1988-02-05 ·cited 12×·via Monell V. Department Of Social Services
  Respondeat superior is not a valid basis for imposing liability on a school district under 42 U.S.C. § 1981.
• Dodd v. City OF Norwich & Eric Larson
  827 F.2d 1· 2d Cir.· 1987-08-31 ·cited 12×·via Monell V. Department Of Social Services
  The court held that the accidental shooting of a suspect during a struggle does not constitute an unreasonable seizure under the Fourth Amendment, and therefore, neither the arresting officer nor the city can be held liable for a constitutional violation.
• Laurel C. Thomas v. Shipka
  818 F.2d 496· 6th Cir.· 1987-05-01 ·cited 12×·via Monell V. Department Of Social Services
  The court held that 42 U.S.C. § 1983 is the exclusive remedy for alleged constitutional violations by state officials, precluding direct constitutional claims under 28 U.S.C. § 1331. It also affirmed that claims under § 1983 are governed by Ohio's one-year statute of limitations
• Barnier v. Szentmiklosi
  810 F.2d 594· 6th Cir.· 1987-02-10 ·cited 12×
  The court held that while the adequacy of state remedies can limit § 1983 claims, liberty and property interests should not be removed from § 1983's protection at the outset of analysis.
• Jones v. City OF Chicago
  787 F.2d 200· 7th Cir.· 1986-04-04 ·cited 12×·via Monell V. Department Of Social Services
  The court held that the City of Chicago was not liable under 42 U.S.C. § 1983 for the alleged sexual assaults by a physician, as the plaintiffs failed to demonstrate a policy or custom of deliberate indifference or tacit authorization by the City that led to their injuries.
• Harris v. Greer
  750 F.2d 617· 7th Cir.· 1984-12-18 ·cited 12×·via Monell V. Department Of Social Services
  The court held that the district court erred in dismissing the claim of deliberate racial segregation, but correctly dismissed claims regarding property confiscation and harassment due to lack of personal responsibility.
• Rollins v. Farmer
  731 F.2d 533· 8th Cir.· 1984-04-02 ·cited 12×·via Monell V. Department Of Social Services
  The court held that the trial court erred in dismissing the suit against Officer Farmer in his individual capacity, as his good faith was placed in contention at the pretrial conference.
• Remola Boykin v. The Dist. of Columbia
  689 F.2d 1092· D.C. Cir.· 1982-09-10 ·cited 12×·via Monell V. Department Of Social Services
  The court held that municipalities cannot be held liable under a respondeat superior theory for constitutional torts committed by their employees in Bivens-type actions, and that claims under 42 U.S.C. §§ 1983, 1985, and 1986 are not applicable to the District of Columbia in this
• Francine Newman v. The Bd. OF Educ. OF the City Sch. Dist. OF NEW York
  594 F.2d 299· 2d Cir.· 1979-02-21 ·cited 12×·via Monell V. Department Of Social Services
  The court held that a tenured teacher denied access to medical reports used to place her on involuntary leave for mental unfitness was denied procedural due process. However, her refusal to submit to a subsequent medical examination precluded claims for damages after that point.
• Dudley Teel v. Deputy Sheriff Jonathan Lozada
  99 F.4th 1273· 11th Cir.· 2024-04-18 ·cited 11×
  The Eleventh Circuit affirmed the district court's rulings, finding no reversible error in the jury instructions, evidentiary rulings, or the grant of summary judgment on the Monell claim.