Monell Liability

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

• L.R. Smith v. Thomas
  725 F.2d 354· 5th Cir.· 1984-02-24 ·cited 2×
  The court held that the plaintiff was a prevailing party entitled to attorney's fees under 42 U.S.C. § 1988, and that Dallas County was liable for these fees.
• Burton v. State OF Miss.
  650 F.2d 91· 5th Cir.· 1981-07-07 ·cited 2×·via Monell V. Department Of Social Services
  The court held that even if Rule 60(b) relief were available, it would be inappropriate to revive the prior judgment due to the passage of time and the fact that the original trial was not significantly impacted by the overruled precedent.
• McCRAY v. Burrell
  622 F.2d 705· 4th Cir.· 1980-06-04 ·cited 2×·via Monell V. Department Of Social Services
  The court held that Sergeant Smith was not entitled to qualified immunity for the first confinement because his testimony shifted to indicate he did not believe the inmate was mentally disturbed, negating the justification for the harsh conditions and lack of immediate profession
• Local NO. 1903 OF the Int'l Union v. Bear Archery
  617 F.2d 157· 6th Cir.· 1980-03-06 ·cited 2×·via Monell V. Department Of Social Services
  A local government may not be sued under § 1983 for an injury inflicted solely by its employees or agents; liability attaches when execution of a government's policy or custom causes the injury.
• Frankes v. City of Boynton Beach
  6 F. Supp. 3d 1331· S.D. Fla.· 2026-02-05 ·cited 1×
  The court held that the officers' entry into the home was justified by exigent circumstances and that they were entitled to qualified immunity for their actions, including a protective sweep and a Terry stop.
• Cunningham v. Cobb Cnty.
  141 F.4th 1201· 11th Cir.· 2025-06-23 ·cited 1×
  The court held that the officers' use of force was objectively reasonable and did not violate the Fourth Amendment or Georgia law, entitling them to qualified and official immunity.
• Andrade v. Rambosk
  2011 WL 1690010· M.D. Fla.· 2023-02-17 ·cited 1×
  The court denied defendants' motion to bifurcate the trial and stay discovery, finding that bifurcation was not demonstrably more efficient or necessary to avoid prejudice at this stage.
• Christie ex rel. Estate of Christie v. Scott
  30 Wage & Hour Cas. (BNA) 300· M.D. Fla.· 2013-01-09 ·cited 1×
  The court held that claims of deliberate indifference against three PHS nurses survive summary judgment, and the failure-to-train claim against PHS also survives. Claims against other PHS defendants and most claims against the Sheriff were dismissed.
• Keating v. City of Miami
  598 F. Supp. 2d 1315· S.D. Fla.· 2009-01-20 ·cited 1×
  The court held that plaintiffs sufficiently alleged Monell claims against municipalities and Fourth Amendment seizure claims based on police 'herding' tactics.
• Sosa v. Hames
  581 F. Supp. 2d 1254· S.D. Fla.· 2008-10-07 ·cited 1×
  Sosa sued Miami-Dade County and three officers under 42 U.S.C. § 1983 for alleged constitutional violations arising from an October 2003 administrative business inspection and an October 2004 search warrant execution at his auto sales and towing business, as well as his arrest du
• Rauen v. City of Miami
  613 F. Supp. 2d 1324· S.D. Fla.· 2007-09-17 ·cited 1×
  The court held that genuine issues of material fact exist regarding First Amendment claims, precluding summary judgment, but granted summary judgment on Fourth Amendment claims because the plaintiffs were not 'herded' as alleged.
• Mercado v. City of Orlando
  323 F. Supp. 2d 1266· M.D. Fla.· 2004-06-24 ·cited 1×
  The court held that officers are entitled to qualified immunity for using force to prevent a suicide attempt, as the law was not clearly established, and that the city is not liable for negligent training due to sovereign immunity.
• Gainer v. City of Winter Haven
  134 F. Supp. 2d 1295· M.D. Fla.· 2000-11-08 ·cited 1×·via Monell V. Department Of Social Services
  The court dismissed the procedural due process claim for lack of jurisdiction and failure to state a claim, finding Florida's certiorari review adequate. The First Amendment claim was dismissed because the recommending official lacked final policymaking authority and there was no
• Hornfeld v. City of N. Miami Beach
  29 F. Supp. 2d 1357· S.D. Fla.· 1998-11-09 ·cited 1×
  The court held that the Age Discrimination in Employment Act (ADEA) does not preclude a plaintiff from bringing a concurrent claim under 42 U.S.C. § 1983 for violations of the Equal Protection Clause of the Fourteenth Amendment.
• Smith v. United States
  896 F. Supp. 1183· M.D. Fla.· 1995-08-17 ·cited 1×
  The court held that the plaintiffs failed to establish claims for equal protection and cruel and unusual punishment, and that the defendant Procknow was entitled to qualified immunity.
• Bland v. Madison Cnty.
  895 F. Supp. 1515· N.D. Fla.· 1995-04-19 ·cited 1×
  The court granted summary judgment for the County on the substantive due process and First Amendment claims, and dismissed the procedural due process claim voluntarily. The court found that the plaintiff failed to establish a genuine issue of material fact regarding her constitut
• Gillette v. Delmore
  979 F.2d 1342· 9th Cir.· 1992-11-10 ·cited 1×
  A municipality cannot be held liable under 42 U.S.C. § 1983 for a subordinate's discretionary constitutional violation simply because a policymaker failed to overrule it. Such inaction does not constitute ratification or establish a policy or custom.
• Larez v. City OF LOS Angeles
  946 F.2d 630· 9th Cir.· 1991-09-27 ·cited 1×
  The court affirmed the denial of a new trial for the six officers but reversed and remanded for a new trial against Chief Gates and the City due to the erroneous admission of hearsay evidence.
• Jones v. City of Key W.
  679 F. Supp. 1547· S.D. Fla.· 1988-02-25 ·cited 1×
  The court held that the Mayor's actions in silencing and removing the plaintiff from a public meeting violated the plaintiff's First Amendment rights, as the speech was protected political expression and not a genuine disruption.
• Phillips v. City of Hanceville
  11th Cir.· 2026-08-04
  Officers Duncan and Howell had probable cause to arrest Phillips for disorderly conduct and trespass, the force used during arrest and in the booking room was de minimis and reasonable, and the City is not liable absent a constitutional violation.
• Edwards v. Officer J. Grubbs
  11th Cir.· 2026-06-30
  Officer Grubbs violated Mr. Blasingame's clearly established Fourth Amendment right to be free from excessive force when he tased an unarmed, non-dangerous panhandling suspect fleeing on foot in a vulnerable elevated position (a steep embankment) without warning, and qualified im
• Seiglie v. City of Doral
  S.D. Fla.· 2026-02-10
  The court held that Plaintiff's Title VII and § 1983 claims fail, but his ADEA claim survives the motion to dismiss.
• Henry v. Iannone
  S.D. Fla.· 2026-01-28
  The court accepted the Magistrate Judge's Report and Recommendation, granting summary judgment for the defendants because they had arguable probable cause for the arrest, entitling them to qualified immunity and sovereign immunity.
• Anderson v. Centurion of Fla. LLC
  M.D. Fla.· 2026-01-15
  Former and current female inmates at a Florida correctional facility sued medical contractor Centurion under 42 U.S.C. § 1983, alleging sexual assaults by one of its physicians, Dr. Ader Benoit, during gynecological appointments violated their Eighth Amendment rights and that Cen
• Schornik v. Lee Cnty. Jail
  M.D. Fla.· 2026-01-06
  A pretrial detainee must demonstrate actual injury hindering a specific legal claim to state an access-to-court claim.
• Jordan v. Henriquez
  M.D. Fla.· 2026-01-05
  The court held that it lacked subject matter jurisdiction due to the Tax Injunction Act and the doctrine of comity, and that the RLUIPA claim failed on its merits.
• Margherita Cunningham v. Centurion of Fla., LLC
  N.D. Fla.· 2025-12-23
  The court held that the plaintiff's claims were barred by the statute of limitations and failed to state a claim for deliberate indifference, as the amended complaint did not relate back to the original complaint and lacked sufficient factual allegations.
• Smothers v. Childers
  11th Cir.· 2025-11-20
  The Eleventh Circuit held that the district court erred in granting summary judgment, finding sufficient evidence for a jury to conclude the county had a policy that violated the decedent's Eighth Amendment right to adequate medical care.
• Natacha Jean-Francois v. The City of N. Miami
  S.D. Fla.· 2025-11-17
  The court held that the plaintiff failed to adequately plead municipal liability under Section 1983 and failed to establish the conditions precedent for her Title VII claims, warranting dismissal.
• Damien Dross v. Nienhuis
  M.D. Fla.· 2025-11-17
  The Court declined to dismiss the case with prejudice, finding that while sanctions were warranted for discovery violations, less drastic measures were appropriate given the circumstances, including the impact of hurricanes and the preference for hearing cases on the merits.
• Powe v. Colkmire
  M.D. Fla.· 2025-11-14
  The court held that the officers were entitled to qualified immunity because the decedent's actions in reaching for his handgun created an immediate threat, and thus no constitutional violation occurred. Consequently, the Monell claim against the city also failed.
• Neighbors & Neighbors Ass'n, Inc. v. Keon Hardemon
  S.D. Fla.· 2025-11-06
  The court held that the plaintiff has standing, but the defendant commissioner is protected by legislative immunity for his actions related to the housing program.
• Marques A. Johnson v. Nocco
  M.D. Fla.· 2025-11-03
  The court granted partial summary judgment for the plaintiff on the constitutional violation issue, finding no probable cause for his arrest, but denied summary judgment on the Monell claim due to disputed facts regarding policy or custom.
• Bridges v. J.C. Poe, Jr.
  11th Cir.· 2025-10-17 ·via Monell V. Department Of Social Services
  Six female former inmates of the Jasper City Jail sued jail supervisors and the city for sexual abuse perpetrated by jailers under the Eighth Amendment and federal trafficking statute, but the court affirmed summary judgment for the defendants because the plaintiffs failed to pro
• Adkins v. Dixon
  M.D. Fla.· 2025-10-02
  The court held that the amended complaint failed to state a claim for relief under the Eighth Amendment and First Amendment.
• Khalilah Omar v. Hillsborough Cnty. Pub. Sch. Dist.
  M.D. Fla.· 2025-09-30
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 and state tort law because the allegations did not establish a constitutional violation, a custodial relationship, or conduct that shocks the conscience, and state law claims were barred by sovereign
• Swann v. Cook
  M.D. Fla.· 2025-09-24
  The court held that the plaintiff failed to present evidence that the defendant deputies' actions caused or contributed to the decedent's death, and that the Sheriff could not be held liable under a theory of respondeat superior or for a policy of deliberate indifference.
• Hall v. Harris
  M.D. Fla.· 2025-09-19
  The court held that the amended complaint failed to state a claim upon which relief could be granted and denied the motion for default judgment.
• Robledo v. City of Tampa
  M.D. Fla.· 2025-09-19
  The court held that the officers were entitled to qualified immunity because the plaintiff failed to allege a violation of a clearly established constitutional right, and the detention was reasonable under the circumstances.
• Guerrero Lozano v. Collier Cnty.
  M.D. Fla.· 2025-09-15
  The court held that the plaintiff failed to state a plausible claim under the Eighth Amendment or the ADA because he did not sufficiently allege an objective risk of serious harm, deliberate indifference, or an underlying constitutional violation required for ADA damages.
• Gaston v. City of Leesburg
  M.D. Fla.· 2025-09-12
  The court held that the plaintiff failed to comply with mandatory pre-suit notice requirements for state law claims and failed to state a claim for Fourth Amendment violations, First Amendment retaliation, civil conspiracy, or a Monell claim.
• Vazquez v. Lee Cnty. Bd. of Cnty. Comm'rs
  M.D. Fla.· 2025-09-09
  The court held that the amended complaint was a shotgun pleading and dismissed all claims without prejudice due to insufficient factual allegations and failure to exhaust administrative remedies for some claims.
• Wright v. Jones
  M.D. Fla.· 2025-08-28
  The court held that the plaintiff's allegations of sexual assault by an officer, even without controlling precedent, establish a plausible claim for violation of clearly established constitutional rights, thus denying qualified immunity at the dismissal stage, but dismissed the o
• James v. Conley
  S.D. Fla.· 2025-08-26
  The court held that the defendants failed to satisfy the first prong of the Shelton test, as other means exist to obtain the information regarding the witness's recantation.
• Lacroix v. City of Miami
  S.D. Fla.· 2025-08-26
  The court held that the complaint's first three counts were impermissible shotgun pleadings and that the fourth count failed to state a claim for municipal liability under § 1983.
• Gautam v. City of Sunrise
  S.D. Fla.· 2025-08-21
  Nihal Michael Gautam sued the City of Sunrise and multiple police officers under federal civil rights laws and state law, alleging false arrest, excessive force, failure to intervene, municipal liability, civil RICO violations, and violations of Florida's Public Records Act stemm
• Andre v. Clayton Cnty.
  11th Cir.· 2025-08-15
  Eric André and Clayton English challenged Clayton County's drug interdiction program at Hartsfield-Jackson Airport, alleging that police officers unlawfully seized them on jet bridges while boarding flights by blocking their paths, retaining their identification and boarding pass
• Blount-Yeye v. City of Hialeah
  S.D. Fla.· 2025-08-15
  The court held that the amended complaint was a shotgun pleading and failed to state plausible claims for relief, warranting dismissal.
• Gilliam v. Fort Myers Police Dep't (Chief of Police)
  M.D. Fla.· 2025-08-14
  The court denied the plaintiff's motion for reconsideration, finding no extraordinary circumstances and that the motion merely attempted to relitigate previously decided issues.
• Jaguar Hayes v. Hayles
  S.D. Fla.· 2025-08-14
  The Court adopts the Magistrate Judge's Report and Recommendation, dismissing the complaint without prejudice due to it being a shotgun pleading and failing to state a claim, but grants leave to amend.