Monell Liability

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

• 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
• Annise Fuller v. M.G. Jewelry
  950 F.2d 1437· 9th Cir.· 1991-12-11 ·cited 11×
  The court held that while the officers were entitled to qualified immunity for the arrest and strip search, the City of Los Angeles may be liable if the strip searches were conducted pursuant to an unconstitutional policy.
• Pleasant v. Zamieski
  895 F.2d 272· 6th Cir.· 1990-02-08 ·cited 11×·via Monell V. Department Of Social Services
  The concurring judge agrees with the majority's result but disagrees with the reasoning in Section II, believing the excessive force issue should have been left to the jury.
• Merritt v. Cnty. OF LOS Angeles
  875 F.2d 765· 9th Cir.· 1989-05-24 ·cited 11×·via Monell V. Department Of Social Services
  The court held that the district court erred in denying the motion to amend based on federal notice requirements, and that the grant of judgment notwithstanding the verdict for the County was proper due to insufficient evidence of a policy of inadequate training.
• Hindman v. The City OF Paris
  746 F.2d 1063· 5th Cir.· 1984-11-19 ·cited 11×·via Monell V. Department Of Social Services Municipal Liability
  The court held that the trial judge erred by taking the factual issue of whether the officers intentionally or recklessly misled the magistrate regarding the informant's identity and reliability from the jury.
• Maschmeier v. Scott
  508 F. Supp. 2d 1180· M.D. Fla.· 2007-06-28 ·cited 10×
  The court held that the Sheriff was not the final policymaker for § 1983 purposes and that the plaintiff's actions constituted political affiliation, not protected speech, thus precluding his claim for political retaliation.
• Jane DOE "A" v. The Special Sch. Dist. OF ST. Louis Cnty.
  901 F.2d 642· 8th Cir.· 1990-04-17 ·cited 10×
  The court held that the evidence did not support a finding that individual defendants had notice of a pattern of unconstitutional acts or were deliberately indifferent, nor did it establish a custom of deliberate indifference by the District, thus affirming summary judgment.
• Schepp v. Fremont Cnty.
  900 F.2d 1448· 10th Cir.· 1990-03-30 ·cited 10×
  The court held that a motion to add a judge as a defendant was futile due to judicial immunity and mootness of the declaratory judgment claim, and that summary judgment for the county was proper as there was no evidence of deliberate indifference or a constitutional violation reg
• Edwards v. Baer
  863 F.2d 606· 8th Cir.· 1988-12-19 ·cited 10×
  An officer making an arrest based on a facially valid warrant, even if later found invalid, is entitled to qualified immunity if their actions were objectively reasonable. A municipality is not liable for an employee's violation if its policy, if followed, would have prevented th
• Archie v. City OF Racine
  826 F.2d 480· 7th Cir.· 1987-07-14 ·cited 10×·via Monell V. Department Of Social Services
  The court held that a dispatcher's deliberate refusal to provide a state-mandated emergency service, resulting in death, constitutes an abuse of power actionable under 42 U.S.C. § 1983 as a violation of the Fourteenth Amendment's Due Process Clause.
• Harris v. Mo. Court OF Appeals
  787 F.2d 427· 8th Cir.· 1986-03-28 ·cited 10×·via Monell V. Department Of Social Services
  The court held that state courts and their judges are immune from suit under 42 U.S.C. § 1983, and federal courts lack jurisdiction to review state court judgments.
• Booker v. City OF Atlanta
  776 F.2d 272· 11th Cir.· 1985-11-15 ·cited 10×
  Summary judgment for the city is reversed because the officer's involvement may constitute state action and the city's actual practice might facilitate repossessions despite stated neutrality. Summary judgment for the officer is affirmed due to his good faith immunity.
• Rhode v. Rathell Denson & San Jacinto Cnty.
  776 F.2d 107· 5th Cir.· 1985-11-05 ·cited 10×
  An elected constable's tortious acts, even if unconstitutional, do not establish county policy for purposes of § 1983 liability if the constable lacks the discretion to set policy for the county.
• Rock v. Roy McCOY & the City of Checotah
  763 F.2d 394· 10th Cir.· 1985-06-07 ·cited 10×·via Monell V. Department Of Social Services
  The court held that a city can be liable under 42 U.S.C. § 1983 for grossly negligent failure to train police officers, and that the jury's award of damages was not excessive.
• Hays v. Jefferson Cnty.
  673 F.2d 152· 6th Cir.· 1982-03-10 ·cited 10×·via Monell V. Department Of Social Services
  The court denied petitions for rehearing, concluding the issues were fully considered. The dissenting judges argued the case should have been reconsidered en banc due to significant questions regarding municipal liability standards.
• Hughes v. Blankenship
  672 F.2d 403· 4th Cir.· 1982-03-03 ·cited 10×
  Police officers are not liable under 42 U.S.C. § 1983 for a shooting death if their actions were not taken pursuant to a government policy or custom, and they individually possess qualified immunity unless they acted with malicious intent or gross negligence.
• Johnson v. Granholm
  662 F.2d 449· 6th Cir.· 1981-11-06 ·cited 10×
  Public officials performing quasi-judicial duties and prosecutors are immune from damages under 42 U.S.C. § 1983 for actions within their official scope. A municipal body is not liable for employee actions absent a policy or custom.
• Ginter v. State BAR OF Nev.
  625 F.2d 829· 9th Cir.· 1980-04-29 ·cited 10×·via Monell V. Department Of Social Services
  The State Bar Association, as an arm of the state, is immune from suit under the Eleventh Amendment, but the dismissal of the complaint against the attorneys was not an appealable order.
• Harless v. Duck
  619 F.2d 611· 6th Cir.· 1980-04-23 ·cited 10×·via Monell V. Department Of Social Services
  The court held that the district court erred in denying relief, finding that the City of Toledo's discriminatory employment practices continued after Title VII applied and that the 1972 examination was not job-related.
• Geidel v. City of Bradenton Beach
  56 F. Supp. 2d 1359· M.D. Fla.· 1999-06-09 ·cited 9×·via Monell V. Department Of Social Services
  The court granted in part and denied in part the defendants' motions to dismiss, finding that while some claims against individual officers were sufficiently pleaded, others against the City and official capacities were not.
• Torchinsky v. Siwinski
  942 F.2d 257· 4th Cir.· 1991-08-09 ·cited 9×
  Deputy Sheriff Siwinski is entitled to qualified immunity because he acted with objective reasonableness in seeking arrest warrants based on the victim's identification, and the municipality cannot be held liable under § 1983 without proof of a policy or custom causing the depriv
• Ruge v. City OF Bellevue
  892 F.2d 738· 8th Cir.· 1989-12-26 ·cited 9×
  The court held that a complaint alleging a city's deliberate policy of not shoring ditches, leading to an employee's death, sufficiently states a claim under 42 U.S.C. § 1983 to survive a motion to dismiss.
• Fla. Pawnbrokers & Secondhand Dealers Ass'n v. City of Fort Lauderdale
  711 F. Supp. 1084· S.D. Fla.· 1989-05-03 ·cited 9×
  A municipality is liable for attorney's fees under 42 U.S.C. § 1988 when it enforces an unconstitutional statute, even if it did not enact the statute, and its choice to defend the suit does not constitute a special circumstance to avoid liability.
• Geter v. Wille
  846 F.2d 1352· 11th Cir.· 1988-06-14 ·cited 9×
  Supervisory officials cannot be held liable under 42 U.S.C. § 1983 for the acts of their subordinates solely on the basis of respondeat superior or the mere right to control without evidence of personal participation or a policy/custom causing the injury.
• Gordon v. Norman
  788 F.2d 1194· 6th Cir.· 1986-04-23 ·cited 9×
  The court held that the defendants failed to demonstrate prejudice from their attorney's alleged conflict of interest and that federal law governs the award of punitive damages, not state law regarding financial condition evidence.
• Gilmere v. City OF Atlanta
  737 F.2d 894· 11th Cir.· 1984-07-09 ·cited 9×·via Monell V. Department Of Social Services
  The court held that the City of Atlanta could not be held liable under 42 U.S.C. § 1983 for the actions of its police officers absent an official policy or custom, and that the officers' conduct, being random and unauthorized, was remedied by Georgia's post-deprivation tort law,
• Dowdell v. City of Apopka
  511 F. Supp. 1375· M.D. Fla.· 1981-04-22 ·cited 9×·via Monell V. Department Of Social Services
  The court held that the City of Apopka violated the Fourteenth Amendment by providing inferior street paving, storm water drainage, and water distribution services to its black residents, based on findings of substantial disparity and discriminatory intent.
• Sosa v. Martin Cnty.
  13 F.4th 1254· 11th Cir.· 2021-09-20 ·cited 8×
  David Sosa was arrested twice by Martin County deputies on an outstanding arrest warrant for a different person with the same name, leading to a 1983 civil rights lawsuit. The Eleventh Circuit held that while the deputies had qualified immunity for the initial false arrest based
• Riebsame v. Prince
  267 F. Supp. 2d 1225· M.D. Fla.· 2003-05-09 ·cited 8×
  The court adopted the magistrate judge's report and recommendation, granting summary judgment for the defendants based on qualified immunity and denying the plaintiff's motion for summary judgment.
• Gilmere v. City OF Atlanta
  931 F.2d 811· 11th Cir.· 1991-05-17 ·cited 8×
  The court held that the district court abused its discretion by failing to provide adequate reasoning for its attorney's fee and cost awards, necessitating a remand for further explanation.
• Garner Gregory v. The City OF Rogers
  921 F.2d 750· 8th Cir.· 1990-12-12 ·cited 8×·via Monell V. Department Of Social Services
  The court held that the state's affirmative act of removing the designated driver created a dangerous situation, potentially implicating a due process violation if the officers' conduct was reckless.
• Dorina Mateyko v. Felix
  913 F.2d 744· 9th Cir.· 1990-09-06 ·cited 8×·via Monell V. Department Of Social Services
  The court affirmed the trial court's judgment, holding that the appellant failed to present an adequate record for review of certain claims, and that a plaintiff who loses on federal claims and only prevails on a pendent state claim is not a prevailing party for attorney's fees u
• James v. T.G. Sadler
  909 F.2d 834· 5th Cir.· 1990-08-28 ·cited 8×·via Monell V. Department Of Social Services Municipal Liability
  The court held that the district court abused its discretion in denying the motion to amend the complaint to add federal agents and improperly granted summary judgment for the Yazoo City officers regarding the pat-down search, but properly dismissed the negligence claim.
• Redman v. Cnty. OF SAN Diego
  896 F.2d 362· 9th Cir.· 1990-02-13 ·cited 8×
  The court should reverse the directed verdict and allow a jury to determine if the government's conduct amounted to deliberate indifference to the inmate's safety.
• Crooks v. Crispus C. NIX
  872 F.2d 800· 8th Cir.· 1989-04-10 ·cited 8×
  The court held that a prisoner's pro se complaint alleging deliberate indifference to serious medical needs, particularly regarding pain medication, must be read liberally and can overcome summary judgment if a factual dispute exists. Contracting medical care does not absolve the
• Phillipe Dell Fargo v. City OF SAN Juan Bautista
  857 F.2d 638· 9th Cir.· 1988-09-16 ·cited 8×
  The court held that a genuine issue of material fact exists as to whether the officer's conduct constituted gross negligence, thus reversing summary judgment on the Fourteenth Amendment claim against him. Summary judgment for other defendants was affirmed.
• Parker v. Dist. OF Columbia
  850 F.2d 708· D.C. Cir.· 1988-06-17 ·cited 8×
  The court affirmed the jury's verdict, holding that a municipality can be liable under 42 U.S.C. § 1983 for deliberate indifference to systemic and grossly inadequate training, discipline, and supervision of its officers, provided there is a causal connection to the harm suffered
• Troy v. City OF Hampton
  756 F.2d 1000· 4th Cir.· 1985-03-05 ·cited 8×·via Monell V. Department Of Social Services
  The Seventh Amendment does not guarantee a right to a jury trial for claims under the Veterans Reemployment Rights Act, as its remedies are equitable in nature.
• Ike Shaw, Jr. v. Neece
  727 F.2d 947· 10th Cir.· 1984-02-10 ·cited 8×
  The court held that the plaintiff's claims were frivolous and without merit, affirming the dismissal and attorney fee award, and also awarded attorney fees for the appeal.
• McKEE v. Heggy
  703 F.2d 479· 10th Cir.· 1983-03-29 ·cited 8×
  The court held that the notice provided to Mr. McKee before the sale of his car was insufficient to satisfy due process requirements, and that summary judgment for defendant Heggy was improperly granted.
• Slay v. State OF Ala.
  636 F.2d 1045· 5th Cir.· 1981-02-12 ·cited 8×
  Summary judgment was improperly granted on the medical treatment claims because genuine issues of material fact existed, but was correctly granted on the religious writings confiscation claim.
• Sherrod v. Palm Beach Cnty. Sch. Dist.
  424 F. Supp. 2d 1341· S.D. Fla.· 2006-03-26 ·cited 7×
  The court held that the school district is not liable under § 1983 because the plaintiff failed to establish that the final policymakers (the school board) endorsed or were legally responsible for the superintendent's alleged retaliatory actions.
• Kohn v. City OF Miami Beach
  611 So. 2d 538· Fla. 3d DCA· 1992-12-08 ·cited 7×
  Marvin Kohn appeals the dismissal with prejudice of his complaint against Miami Beach and Dade County arising from the seizure and condition of his dogs while he attended Fourth of July festivities. The court affirms, holding that pro se litigants are not entitled to a lesser sta
• Auriemma v. Rice
  957 F.2d 397· 7th Cir.· 1992-02-28 ·cited 7×
  A municipal official's final decision does not establish municipal policy if it violates existing local law or custom.
• Kamenesh v. City of Miami
  772 F. Supp. 583· S.D. Fla.· 1991-07-15 ·cited 7×
  The court held that genuine issues of material fact precluded summary judgment on claims of due process violations, denial of promotion, and violations of the Police Officer's Bill of Rights, but granted summary judgment on the fraud claim.
• Marrero v. City OF Hialeah
  625 F.2d 499· 5th Cir.· 1980-08-04 ·cited 7×
  A prosecutor is not absolutely immune from liability for damages under 42 U.S.C. § 1983 when engaging in investigative or defamatory conduct outside of quasi-judicial roles. Municipalities can be sued under § 1983.
• Demayo v. Palms W. Hosp.
  509 F. Supp. 2d 1230· S.D. Fla.· 2013-01-23 ·cited 6×
• Arline v. City of Jacksonville
  359 F. Supp. 2d 1300· M.D. Fla.· 2005-02-25 ·cited 6×
  The court granted summary judgment for the City on Count I, found Count III presented a jury question, granted summary judgment for Hinson on Count VI, and addressed Gilligan's motion.
• Tennant v. Florida
  111 F. Supp. 2d 1326· S.D. Fla.· 2000-01-13 ·cited 6×
  The court granted summary judgment for defendants on the federal civil rights claim, finding the state immune and the city not liable for failure to train. The state law claims were remanded.
• 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