Monell Liability

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

• Gonzalez v. Pub. Health Tr.
  686 F. Supp. 898· S.D. Fla.· 1988-06-17 ·cited 4×
  The court held that Title VII is not the exclusive remedy for claims brought under 42 U.S.C. § 1981, and that a municipality cannot be held liable under § 1981 or § 1983 without proof of a discriminatory custom or policy.
• Sarus v. Benny Rotundo
  831 F.2d 397· 2d Cir.· 1987-10-15 ·cited 4×
  The court held that the plaintiffs failed to present sufficient evidence to infer an actionable municipal policy, making it error to deny the defendants' motions for directed verdicts and judgments n.o.v.
• Healy v. Town of Pembroke Park
  643 F. Supp. 1208· S.D. Fla.· 1986-05-29 ·cited 4×
  The court held that individual defendants are immune from § 1983 liability due to absolute legislative immunity, but the Town is liable for violating plaintiffs' civil rights. The court granted partial summary judgment on liability for the plaintiffs against the Town and granted
• Thompson v. Prince William Cnty.
  753 F.2d 363· 4th Cir.· 1985-01-31 ·cited 4×
  The court held that the arrest warrant was supported by probable cause, and therefore, the plaintiff's § 1983 claim was properly dismissed.
• Ross v. Amos Reed
  719 F.2d 689· 4th Cir.· 1983-10-12 ·cited 4×·via Monell V. Department Of Social Services
  The court held that the plaintiff's claims for injunctive and declaratory relief were moot due to his release from custody, and that the defendants were entitled to qualified immunity for the First Amendment claim. The court also affirmed the dismissal of the Eighth Amendment cla
• Herlinda Espino v. City OF Kingsville
  676 F.2d 1075· 5th Cir.· 1982-05-28 ·cited 4×·via Monell V. Department Of Social Services
  The court held that the trial court did not err in denying motions for directed verdict and judgment notwithstanding the verdict, and that the city could not be held liable under a theory of respondeat superior. Evidentiary rulings were also found not to be reversible error.
• Am. Fed'n of Labor-Congress of Indus. Orgs. v. City of Miami
  650 F. Supp. 2d 1258· S.D. Fla.· 2009-09-02 ·cited 3×
  The court granted summary judgment for the defendants on the plaintiffs' First Amendment claims (Counts 1 and 3) and failure to train/supervise claims (Count 4), finding no genuine issues of material fact regarding city policy or deliberate indifference.
• Moreland v. Miami-Dade Cnty.
  255 F. Supp. 2d 1304· S.D. Fla.· 2002-11-13 ·cited 3×
  Summary judgment is granted for the defendant on federal and state racial discrimination claims and procedural due process claims, as the plaintiff failed to establish a prima facie case and show pretext, and adequate state remedies existed.
• Cason Enters., Inc. v. Metro. Dade Cnty.
  20 F. Supp. 2d 1331· S.D. Fla.· 1998-08-11 ·cited 3×
  The court affirmed the magistrate judge's report and recommendation, granting summary judgment for the defendants.
• Mann v. Hillsborough Cnty. Sheriff's Off.
  946 F. Supp. 962· M.D. Fla.· 1996-11-25 ·cited 3×
  The court held that the Creasys' actions, even with deputy presence, did not constitute state action under § 1983, and thus granted their motion for summary judgment. The court also found that factual issues remained regarding the Sheriff's liability for failure to train and supe
• Cherry v. Crow
  845 F. Supp. 1520· M.D. Fla.· 1994-03-07 ·cited 3×·via Monell V. Department Of Social Services
  The court held that the plaintiff sufficiently alleged a third-party beneficiary claim for breach of contract and stated valid claims under 42 U.S.C. § 1983, and that allegations of prior inmate deaths were relevant to establishing policy or custom and should not be stricken.
• Reilly v. Waukesha Cnty.
  993 F.2d 1284· 7th Cir.· 1993-05-18 ·cited 3×
  The court affirmed the dismissal of federal claims but vacated the judgment on the state law claim, remanding it for further consideration or remand to state court.
• Feliciano v. City OF Cleveland
  988 F.2d 649· 6th Cir.· 1993-03-16 ·cited 3×
  The court held that the City of Cleveland is not liable under 42 U.S.C. § 1983 for the drug testing of police cadets because the Chief of Police lacked final policymaking authority and no final policymaker ratified his actions, and the substantive due process claim failed as the
• Kunik v. Racine Cnty.
  946 F.2d 1574· 7th Cir.· 1991-10-30 ·cited 3×
  The court held that the district court erred in dismissing the conspiracy claim and Kretschmer's false imprisonment claim, but affirmed the dismissal of other claims and the contempt sanction against the attorney.
• Meyers v. City OF Cincinnati
  934 F.2d 726· 6th Cir.· 1991-06-07 ·cited 3×
  The court held that the plaintiff's speech regarding affirmative action was protected under the First Amendment, and the city's disciplinary action based on that speech violated his rights. However, the court also held that the plaintiff's due process rights were not violated bec
• King v. Sheriff Carmine Marceno
  2025 WL 676224· M.D. Fla.· 2025-11-04 ·cited 2×
  The court granted in part and denied in part the motion to dismiss, dismissing several claims with prejudice while allowing others to proceed.
• Barus v. City of Jacksonville
  285 F. Supp. 3d 648· M.D. Fla.· 2025-06-16 ·cited 2×
  The court held that a motion to strike an affirmative defense should be granted if the defense is patently frivolous or clearly invalid as a matter of law, but not if it can be treated as a denial or if factual support can be obtained through discovery.
• McCullough v. The City of Montgomery
  108 F.4th 1334· 11th Cir.· 2024-07-26 ·cited 2×
  Montgomery residents challenged the City's practice of jailing traffic offenders who failed to pay fines, bringing two consolidated class actions alleging that the fine-to-jail conversion process violated the Fourteenth Amendment and Alabama state law. The Eleventh Circuit affirm
• Chakra 5, Inc. v. THE City of Miami Beach
  354 So. 3d 1126· Fla. 3d DCA· 2023-01-11 ·cited 2×
  A municipality does not violate procedural due process when it provides constitutionally adequate pre-deprivation and post-deprivation remedies to challenge alleged harmful actions by city employees, even if those employees act corruptly or commit crimes. The Due Process Clause r
• Newcome v. Hernando Cnty. Sheriff's Off.
  M.D. Fla.· 2022-02-02 ·cited 2×
  The court held that the Hernando County Sheriff's Office is not a suable entity and dismissed claims against it, while also dismissing various other claims for failure to state a claim or due to shotgun pleading, granting leave to amend.
• Fils v. City of Aventura
  768 F. Supp. 2d 1188· S.D. Fla.· 2010-08-23 ·cited 2×
  The court held that the officers were entitled to qualified immunity because they had probable cause or arguable probable cause to arrest the plaintiffs, and any unlawfulness of the arrests was not apparent in light of pre-existing law.
• Engelleiter v. Brevard Cnty. Sheriff's Dep't
  290 F. Supp. 2d 1300· M.D. Fla.· 2003-07-25 ·cited 2×
  The court held that the defendant's motion for summary judgment should be granted because the undisputed facts did not demonstrate deliberate indifference to the plaintiff's serious medical needs, nor did they establish a policy or custom of deliberate indifference.
• Niziol v. Pasco Cnty. Dist. Sch. Bd.
  240 F. Supp. 2d 1194· M.D. Fla.· 2002-08-09 ·cited 2×
  The court held that the Gun-Free Schools Act does not create a private right of action enforceable under 42 U.S.C. § 1983, and that the plaintiffs failed to allege facts sufficient to establish a substantive due process violation under the special relationship or state-created da
• Fla. Country Clubs, Inc. v. Carlton
  98 F. Supp. 2d 1356· M.D. Fla.· 2000-05-23 ·cited 2×
  The court found that the plaintiffs failed to allege sufficient facts to establish state action by Carlton Fields, a private entity, and therefore could not proceed with their Section 1983 claim against them. Motions related to Partyka were denied as moot due to a settlement.
• Maggio v. Florida
  56 F. Supp. 2d 1370· M.D. Fla.· 1999-07-19 ·cited 2×
  The court held that the plaintiff's allegations were sufficient to state a claim for retaliation under the First Amendment against individual defendants and that ADA and Rehabilitation Act claims were not duplicative. Therefore, the motions to dismiss were denied.
• Wohl v. City of Hollywood
  915 F. Supp. 339· S.D. Fla.· 1995-12-13 ·cited 2×
  The court held that the fire chief was entitled to qualified immunity and that the city's actions were rationally related to a legitimate government interest, thus granting summary judgment for both defendants.
• Ada Sandra Kopf v. Skyrm
  993 F.2d 374· 4th Cir.· 1993-05-07 ·cited 2×
  The court held that the total exclusion of plaintiff's expert witnesses was an abuse of discretion, and that the introduction of evidence regarding the arrestee's guilt and prior drug use was improper.
• Butler v. The City OF Norman
  992 F.2d 1053· 10th Cir.· 1993-04-28 ·cited 2×
  The court held that genuine issues of material fact exist regarding the arresting officers' use of excessive force, precluding summary judgment based on qualified immunity for them, but that the supervisor (Chief Boyett) was entitled to qualified immunity as there was no affirmat
• Parrish v. Donnell Luckie
  963 F.2d 201· 8th Cir.· 1992-04-30 ·cited 2×
  The court held that sufficient evidence supported the jury's finding of a municipal policy or custom of deliberate indifference to police misconduct, and that the admission of prior violent acts was proper to show knowledge of propensity.
• Josette Weimer v. Schraeder
  952 F.2d 336· 10th Cir.· 1991-12-17 ·cited 2×
  The court held that the police officers were entitled to qualified immunity because the plaintiffs failed to show that their actions violated clearly established law or were unreasonable, and the city was not liable for failure to train.
• Wedemeier v. City OF Ballwin
  931 F.2d 24· 8th Cir.· 1991-04-23 ·cited 2×
  The court held that the city was not liable under 42 U.S.C. § 1983 as there was no evidence of a municipal policy or custom causing the officers' misconduct. The court also affirmed the denial of certain costs but remanded for reconsideration of attorney's fees.
• Holmes v. Sheriff Michael Sheahan & Dr. John Raba
  930 F.2d 1196· 7th Cir.· 1991-04-22 ·cited 2×
  The court held that the plaintiff failed to present sufficient evidence that a County policy or custom caused the denial of medical care, thus reversing the denial of summary judgment on official capacity claims.
• Caldwell v. LeFAVER
  928 F.2d 331· 9th Cir.· 1991-03-20 ·cited 2×
  The social workers' conduct is shielded by qualified immunity because they did not violate clearly established constitutional or statutory rights of the parent.
• Gegenheimer v. Raoul A. "Skip" Galan, Jr.
  920 F.2d 307· 5th Cir.· 1991-01-09 ·cited 2×·via Monell V. Department Of Social Services
  A successor clerk of court, sued in his official capacity, is liable for an intentional tort committed by his predecessor, as the liability attaches to the office, not the individual.
• Morgan v. The City OF DeSOTO
  900 F.2d 811· 5th Cir.· 1990-05-10 ·cited 2×
  The court held that summary judgment was improper for the arresting officers and the City of DeSoto because genuine issues of material fact existed regarding probable cause and qualified immunity, and potential municipal liability. Summary judgment for other defendants was affirm
• Pachaly v. City OF Lynchburg
  897 F.2d 723· 4th Cir.· 1990-03-02 ·cited 2×
  The court held that a jury could reasonably find that the search exceeded the warrant's scope and that the prosecutor may not be entitled to absolute immunity if investigating crimes beyond the indictment.
• Katz v. Morgenthau
  892 F.2d 20· 2d Cir.· 1989-12-12 ·cited 2×
  The court held that the district court erred in dismissing a 42 U.S.C. § 1983 claim alleging an illegal search and seizure violating the Fourth Amendment, but affirmed the dismissal of all other claims.
• LUX v. Hansen
  886 F.2d 1064· 8th Cir.· 1989-10-10 ·cited 2×
  The court held that the defendants were protected by qualified immunity on the civil rights claim and by state statute immunity on the state law negligence claim.
• Spann v. Tyler Indep. Sch. Dist.
  876 F.2d 437· 5th Cir.· 1989-06-29 ·cited 2×·via Monell V. Department Of Social Services
  A municipality cannot be held liable under section 1983 for an employee's failure to properly exercise discretion granted by policy.
• Nash v. Delbert Chandler
  859 F.2d 1210· 5th Cir.· 1988-10-27 ·cited 2×
  The court affirmed the district court's award of attorney's fees and costs, finding no basis to revoke or modify it, despite the City and Hardy's complaints.
• Pilarowski v. MacOmb Cnty. Health Dept. & Macomb Cnty. Bd. of Comm'rs
  841 F.2d 1281· 6th Cir.· 1988-03-15 ·cited 2×
  The district court misapplied Monell by requiring proof of a municipal policy or custom when the deprivation of rights stemmed from an act of the county's legislative body.
• Morrash v. Strobel
  842 F.2d 64· 4th Cir.· 1987-10-06 ·cited 2×
  The court held that the City was not liable under 42 U.S.C. § 1983 as the Director of Public Safety was not a final policymaker, and that the officers' transfers did not violate their due process or freedom of association rights.
• Dant v. Dist. OF Columbia
  829 F.2d 69· D.C. Cir.· 1987-09-11 ·cited 2×
  Congress, by approving the WMATA Compact, foreclosed judicial remedies against WMATA for torts committed in its police functions, but not for negligent operation/maintenance or abuse of process. Arresting officers are immune if probable cause exists, and prosecutors have absolute
• LaMarca v. Turner
  662 F. Supp. 647· S.D. Fla.· 1987-06-04 ·cited 2×
  The court affirmed the Magistrate's report and recommendation, overruling defendants' objections regarding jury trial, continuance, recusal, and most factual findings.
• Brown v. City of Clewiston
  644 F. Supp. 1407· S.D. Fla.· 1986-09-30 ·cited 2×
  The court granted summary judgment for the City, finding no genuine issue of material fact regarding the existence of an unconstitutional policy or custom that caused the plaintiff's injury, and that the state negligence claim was governed by state law, not city regulations.
• Burt Cole v. Williams
  798 F.2d 280· 8th Cir.· 1986-08-04 ·cited 2×·via Monell V. Department Of Social Services
  The court held that the district court properly denied the motion for a new trial and correctly granted judgment n.o.v. on the failure to take before a magistrate charge, but erred in dismissing the City of Westville.
• Mullins v. The City OF Huntsville
  785 F.2d 1529· 11th Cir.· 1986-04-07 ·cited 2×·via Monell V. Department Of Social Services
  The court held that the district court erred in granting summary judgment for the City of Huntsville because genuine issues of material fact remained regarding whether the disciplinary actions constituted official policy under Monell.
• Grandstaff v. The City OF Borger
  779 F.2d 1129· 5th Cir.· 1986-01-08 ·cited 2×·via Monell V. Department Of Social Services
• Tosti v. City OF LOS Angeles
  754 F.2d 1485· 9th Cir.· 1985-03-04 ·cited 2×·via Monell V. Department Of Social Services
  The court held that the Supreme Court's decision in Monell v. New York City Department of Social Services applies retroactively to discriminatory acts predating the decision, and that the statute of limitations was tolled by the pendency of a related class action.
• Colon-Rivera v. Puerto RICO Dep't OF Soc. Servs.
  736 F.2d 804· 1st Cir.· 1984-05-31 ·cited 2×
  The Eleventh Amendment bars federal court jurisdiction over claims against the Commonwealth of Puerto Rico and its agencies, and erroneous application of state law does not present a federal constitutional claim.