Monell Liability

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

• Mahon v. City of Largo
  829 F. Supp. 377· M.D. Fla.· 1993-07-26 ·cited 6×
  The court denied the defendant officer's motion for judgment on the pleadings, finding that a Section 1983 claim for false arrest under the Fourth Amendment is distinct from Fourteenth Amendment due process claims based on negligence. The court also denied the City's motion for s
• Colle v. Brazos Cnty.
  981 F.2d 237· 5th Cir.· 1993-01-20 ·cited 6×
  The court held that the notice of appeal was insufficient to confer jurisdiction over all plaintiffs, but that claims against the county and sheriff were adequately pleaded under § 1983.
• Ali v. City of Clearwater
  807 F. Supp. 701· M.D. Fla.· 1992-11-20 ·cited 6×
  The court held that a plaintiff need not exhaust administrative remedies under Section 504 of the Rehabilitation Act, but must do so under the Florida Human Rights Act. Claims under 42 U.S.C. § 1983 against a municipality require an allegation of policy or custom.
• Jantz v. Cleofas F. Muci
  976 F.2d 623· 10th Cir.· 1992-10-09 ·cited 6×
  The court held that the principal was entitled to qualified immunity because the unlawfulness of his alleged conduct was not apparent in light of pre-existing law in 1988. The court also held that the school district could not be held liable as the principal did not possess final
• Wilson v. Giesen
  956 F.2d 738· 7th Cir.· 1992-02-14 ·cited 6×
  The court held that the plaintiff's civil rights complaint was untimely filed, affirming the district court's dismissal.
• DOE v. Sullivan Cnty.
  956 F.2d 545· 6th Cir.· 1992-02-10 ·cited 6×·via Monell V. Department Of Social Services
  The court held that the district court erred in granting directed verdicts for certain defendants and in limiting evidence of a felony conviction, but affirmed directed verdicts for other defendants and the jury instructions. The court reversed and remanded for further proceeding
• Nydam v. Lennerton
  948 F.2d 808· 1st Cir.· 1991-11-04 ·cited 6×
  The court affirmed the jury's verdict and the denial of the defendants' motions for a new trial and judgment notwithstanding the verdict, finding the damages awarded were not excessive and the attorney fee award was not an abuse of discretion.
• Steven v. Summers
  927 F.2d 1165· 10th Cir.· 1991-03-13 ·cited 6×
  The court held that the district court abused its discretion by failing to consider the plaintiff's timely objections to the magistrate's report, and thus vacated the judgment on that motion and remanded for further proceedings.
• Erdman v. Cochise Cnty.
  926 F.2d 877· 9th Cir.· 1991-02-22 ·cited 6×·via Monell V. Department Of Social Services
  A Rule 68 Offer of Judgment, once accepted, cannot be rescinded based on the offeror's unilateral mistake regarding the inclusion of attorney fees as 'costs' under 42 U.S.C. § 1988, especially when the offer's language is unambiguous.
• Gentile v. The Cnty. OF Suffolk
  926 F.2d 142· 2d Cir.· 1991-02-11 ·cited 6×
  The dissenting judge argues that the jury's verdict was bizarre and inconsistent, and that the trial judge made numerous prejudicial errors regarding the admissibility of evidence and jury instructions.
• Praprotnik v. City OF ST. Louis
  879 F.2d 1573· 8th Cir.· 1989-06-21 ·cited 6×
  The court held that the plaintiff failed to establish municipal liability under 42 U.S.C. § 1983 because the supervisors responsible for his transfer and termination lacked final policymaking authority and there was no evidence of an unconstitutional municipal policy.
• de Feliciano v. de Jesus
  873 F.2d 447· 1st Cir.· 1989-04-27 ·cited 6×
  The court held that jury verdicts finding individual defendant de Jesus not liable for political discrimination, but finding the FCC liable for the same discrimination, were inconsistent and irreconcilable. The court also held that plaintiffs hired in violation of personnel regul
• Clay v. Coolidge Conlee
  815 F.2d 1164· 8th Cir.· 1987-04-01 ·cited 6×
  The court should not have overruled the district court's decision regarding probable cause for arrest.
• Swink v. City OF Pagedale
  810 F.2d 791· 8th Cir.· 1987-02-02 ·cited 6×
  The court held that the trial court did not abuse its discretion in denying a default judgment, limiting voir dire, or directing a verdict for the city, and that any error in jury instructions was harmless.
• Ashelman v. Hon. Gary Pope
  769 F.2d 1360· 9th Cir.· 1985-08-27 ·cited 6×
  Judicial and prosecutorial immunity do not shield officials from claims of conspiracy to deprive constitutional rights, and a prisoner is entitled to amend a complaint alleging such conspiracy before discovery.
• Odum v. A.B. Clark
  748 F.2d 1538· 11th Cir.· 1984-12-19 ·cited 6×·via Monell V. Department Of Social Services
  The court held that the district court properly considered the degree of success in calculating attorney's fees and correctly assessed fees against the county for official capacity violations, while not awarding fees against the individual officers.
• Matias Maestas v. Bd. OF Educ. OF the Mora Indep. Sch. Dist.
  749 F.2d 591· 10th Cir.· 1984-11-21 ·cited 6×·via Monell V. Department Of Social Services
  The court held that the school boards and districts are arms of the state and thus immune from suit under the Eleventh Amendment.
• Cowdrey v. City OF Eastborough
  730 F.2d 1376· 10th Cir.· 1984-03-30 ·cited 6×
  The court held that Section 1983 claims against individual officers are timely under the two-year statute of limitations for injury to rights, but state law claims against the City are barred by failure to file a notice of claim.
• Devernon LE Grand v. Evan
  702 F.2d 415· 2d Cir.· 1983-03-14 ·cited 6×
  The court held that the dismissal of the complaint against the State of New York and the City of New York was proper, but the dismissal against the clerk Evan was erroneous and the motion to amend should have been granted.
• Bailey M. Smith v. The City OF Okla. City
  696 F.2d 784· 10th Cir.· 1983-01-05 ·cited 6×
  The court held that an arrest warrant based on computer data showing current vehicle ownership, without confirming ownership at the time of the parking violations, violates the Fourth Amendment's probable cause requirement.
• Salinas v. Chief Harold Breier
  695 F.2d 1073· 7th Cir.· 1982-12-22 ·cited 6×·via Monell V. Department Of Social Services Municipal Liability
  The concurring judge concurs based on the assumption of probable cause for the arrests, which would preclude a constitutional tort claim.
• Smith v. Iron Cnty.
  692 F.2d 685· 10th Cir.· 1982-10-18 ·cited 6×·via Monell V. Department Of Social Services
  The court held that the jailer's use of mace on a pretrial detainee, under the circumstances presented, did not violate the detainee's constitutional rights.
• Fiesel v. Bd. OF Educ. OF the City OF NEW York
  675 F.2d 522· 2d Cir.· 1982-04-09 ·cited 6×·via Monell V. Department Of Social Services
  The court held that a cause of action under 42 U.S.C. § 1983 does not accrue until the alleged discriminatory act occurs, regardless of subsequent changes in the law that make such suits possible.
• Women IN City Gov't United v. The City OF NEW York
  563 F.2d 537· 2d Cir.· 1977-09-28 ·cited 6×·via Monell V. Department Of Social Services
  The court held that a plaintiff must have a factual basis to support a claim of discriminatory impact under Title VII, and cannot use a complaint to search for such a basis.
• Cobb Cnty. Sch. Dist.
  111 F.4th 1312· 11th Cir.· 2024-08-13 ·cited 5×
  The Eleventh Circuit dismissed the appeal for lack of jurisdiction because the Cobb County School District, having lost its party status, lacked standing to appeal the preliminary injunction as a nonparty amicus curiae.
• Ziahonna Teagan v. The City of McDonough
  949 F.3d 670· 11th Cir.· 2020-02-11 ·cited 5×·via Monell V. Department Of Social Services
  Ziahonna Teagan sued the City of McDonough for constitutional and state-law violations arising from her prosecution for failing to maintain automobile liability insurance, including claims that the city violated her Fourth, Sixth, and Fourteenth Amendment rights and falsely impri
• Safford Unified Sch. Dist. #1 v. Redding
  9th Cir.· 2009-06-25 ·cited 5×
  The Court held that Assistant Principal Wilson's strip search of Savana Redding violated the Fourth Amendment, but qualified immunity shielded him.
• Connor v. Halifax Hosp. Med. Ctr.
  135 F. Supp. 2d 1198· M.D. Fla.· 2001-03-05 ·cited 5×
  The court adopted the Magistrate Judge's Report and Recommendation, granting most motions to dismiss except for the fifth count against Halifax Medical Center Foundation, Inc., and granting plaintiffs leave to amend their complaint.
• Samarco v. Neumann
  44 F. Supp. 2d 1276· S.D. Fla.· 1999-03-04 ·cited 5×
  Summary judgment is granted for the defendants because the plaintiff failed to establish an unconstitutional policy or that the force used was excessive under the Fourth Amendment.
• Johnson v. Cannon
  947 F. Supp. 1567· M.D. Fla.· 1996-11-19 ·cited 5×
  The court held that the plaintiff's allegations were sufficient to state a claim under 42 U.S.C. § 1983 for violations of her constitutional rights, and that sovereign immunity did not bar the pendent state law claims for negligence.
• Cornfield v. Consol. High Sch. Dist. NO. 230
  991 F.2d 1316· 7th Cir.· 1993-04-23 ·cited 5×
  The court held that the strip search of the student was justified at its inception and permissible in scope under the Fourth Amendment, and that the school officials were entitled to qualified immunity. The court also found no basis for municipal liability against the school dist
• Bills v. Aseltine
  958 F.2d 697· 6th Cir.· 1992-03-09 ·cited 5×
  The court held that the district court erred in granting summary judgment regarding the August 20th search, as the reasonableness of allowing a private security officer to photograph items unrelated to the warrant's purpose presented a jury question. However, the court affirmed s
• Soldal v. Cnty. OF Cook
  923 F.2d 1241· 7th Cir.· 1991-01-24 ·cited 5×·via Monell V. Department Of Social Services
  The court should remand the Fourteenth Amendment claim for trial because the damage to the trailer constituted an independent deprivation of property, and the Fourth Amendment applies to unreasonable seizures in civil proceedings.
• Lolita Parker v. Williams
  855 F.2d 763· 11th Cir.· 1988-09-20 ·cited 5×
  The court held that collateral estoppel cannot be applied against parties who have not had an opportunity to litigate the issue, even if the issue was litigated by another party in a prior action.
• Brown v. Officer L. Patterson
  823 F.2d 167· 7th Cir.· 1987-06-12 ·cited 5×
  An officer executing a facially valid arrest warrant does not violate the Fourth Amendment by arresting the wrong person if the officer acts reasonably under the circumstances, even if the warrant contains inaccurate information.
• Talbert v. Kelly
  799 F.2d 62· 3d Cir.· 1986-08-25 ·cited 5×
  The court held that the city's policy was not unconstitutional and did not cause the plaintiffs' rights violation, nor was the city estopped from denying liability. The court reversed the district court's directed verdict on liability.
• Wing v. George Britton & the City of Springdale
  748 F.2d 494· 8th Cir.· 1984-11-26 ·cited 5×
  The court held that the jury instructions regarding reasonable force and self-defense were proper, and that the district court correctly granted summary judgment for the city.
• Brucker v. City of Doraville
  38 F.4th 876· 11th Cir.· 2022-06-24 ·cited 4×
  The City's financial reliance on fines and fees does not create an unconstitutional risk of bias in its municipal court judge, prosecutor, police, or code enforcement agents, as their independence and lack of direct financial incentive in individual case outcomes are sufficient.
• Doe v. Miami-Dade Cnty.
  797 F. Supp. 2d 1296· S.D. Fla.· 2011-05-23 ·cited 4×
  The court granted summary judgment for the County, finding no evidence that the County breached its hiring policies or acted with deliberate indifference, and thus no basis for the plaintiff's state law negligence or federal civil rights claims.
• DeRosa v. Rambosk
  732 F. Supp. 2d 1285· M.D. Fla.· 2010-08-11 ·cited 4×
  The court held that Deputy George was entitled to qualified immunity for the initial traffic stop and the subsequent arrests, as he had probable cause or arguable probable cause for the actions taken. The court also found that the plaintiffs' claims based on excessive force and u
• Sauve v. Lamberti
  597 F. Supp. 2d 1312· S.D. Fla.· 2008-12-01 ·cited 4×
  The court held that genuine disputes of material fact preclude summary judgment for both defendants regarding the plaintiff's claim of deliberate indifference to serious medical needs.
• Fla. Fam. Ass'n v. Sch. Bd. of Hillsborough Cnty.
  494 F. Supp. 2d 1311· M.D. Fla.· 2007-06-28 ·cited 4×
  The court adopted the magistrate judge's recommendation, granting summary judgment for the defendant because the email blocking was due to volume concerns, not content, and the plaintiffs failed to establish municipal liability based on policy or custom.
• Owaki v. City of Miami
  491 F. Supp. 2d 1140· S.D. Fla.· 2007-06-21 ·cited 4×
  The court held that the police officers had arguable probable cause and probable cause to arrest the plaintiff, entitling them to qualified immunity and granting summary judgment.
• Doe v. Faerber Ex Rel. Estate of Faerber
  446 F. Supp. 2d 1311· M.D. Fla.· 2006-08-14 ·cited 4×
  The court held that the plaintiff sufficiently stated claims for relief under 42 U.S.C. § 1983 and Title IX against the School Board, and a negligence claim against Mrs. Faerber as a landowner, thus denying in part and granting in part various motions to dismiss.
• Dolin v. West
  22 F. Supp. 2d 1343· M.D. Fla.· 1998-09-21 ·cited 4×
  The court held that defendants are entitled to immunity and that the plaintiff failed to state a claim upon which relief can be granted for both federal and state law causes of action.
• Smith v. City of Plantation
  19 F. Supp. 2d 1323· S.D. Fla.· 1998-08-11 ·cited 4×
  The court held that the plaintiff failed to establish a constitutional violation under 42 U.S.C. § 1983 and that Florida's Public Duty Doctrine and sovereign immunity barred the state law tort claims.
• Houston v. Reich
  932 F.2d 883· 10th Cir.· 1991-05-07 ·cited 4×
  The court held that the district court erred in ordering the City to pay judgments against individual officers after the City had been dismissed from the action, and that the Oklahoma Governmental Tort Claims Act did not apply because the officers' conduct, as indicated by puniti
• Johnson v. Hardin Cnty.
  908 F.2d 1280· 6th Cir.· 1990-07-20 ·cited 4×·via Monell V. Department Of Social Services
  The court held that there was insufficient evidence to establish county liability for the prisoner's mistreatment, but the jury could find the individual jail officials deliberately indifferent to his serious medical needs. The attorney's fees award was reversed for reconsiderati
• Tanner v. Heise
  879 F.2d 572· 9th Cir.· 1989-06-27 ·cited 4×
  The arresting officers complied with state law and did not conspire to violate Tanner's constitutional rights by arresting him.
• Morgan v. Tice
  862 F.2d 1495· 11th Cir.· 1989-01-11 ·cited 4×·via Monell V. Department Of Social Services
  The court held that the trial court erred in finding the Town liable under Section 1983 as the Town Manager's actions did not constitute official policy, and that the Town Manager was not liable under Section 1983 or for defamation as his actions were not taken under color of sta