Monell V. Department Of Social Services

194 Florida cases classified under this topic · sorted by citation count · browse and sort

• Commonwealth OF Pa. & Richard W. Baumann v. Porter
  659 F.2d 306· 3d Cir.· 1981-07-30 ·cited 34×
  The court held that the Commonwealth of Pennsylvania is an appropriate plaintiff to bring a parens patriae action seeking injunctive relief against police misconduct and that the case was not rendered moot by the officer's change of employment.
• GAY Student Servs. v. Tex. A & M Univ.
  612 F.2d 160· 5th Cir.· 1980-02-20 ·cited 34×
  The court held that the district court erred in dismissing the case, as the university and its officials could be sued under 42 U.S.C. § 1983 and Eleventh Amendment immunity did not bar injunctive or declaratory relief.
• Norris v. Frame
  585 F.2d 1183· 3d Cir.· 1978-10-31 ·cited 33×
  The court held that discontinuing a medically accepted course of treatment for a pretrial detainee, without demonstrating a legitimate security concern or administrative necessity, violates the detainee's due process rights.
• Milan Schultz v. Baumgart
  738 F.2d 231· 7th Cir.· 1984-07-02 ·cited 32×
  A public employee with a property interest in their job must receive prior notice and a meaningful opportunity to respond before termination; post-termination remedies do not cure a pre-termination due process violation if pre-termination procedures were practicable. Individual l
• Reimer v. Short
  578 F.2d 621· 5th Cir.· 1978-08-21 ·cited 32×
• Batista v. Rodriguez
  702 F.2d 393· 2d Cir.· 1983-03-11 ·cited 31×
  The court held that the complaint failed to state a claim for municipal liability under 42 U.S.C. § 1983 because it did not allege a causal link between the City's alleged policy and the plaintiffs' injuries, and the evidence was insufficient to prove such causation.
• Webster v. The City OF Houston
  689 F.2d 1220· 5th Cir.· 1982-10-28 ·cited 31×
  The court held that punitive damages are not available against a municipality under 42 U.S.C. § 1983, regardless of the egregiousness of the conduct.
• Nydia Tavarez and Manny Tavarez v. O'Malley
  826 F.2d 671· 7th Cir.· 1987-08-13 ·cited 30×
  The court held that the prolonged closure of the grocery store after the emergency had passed, without a hearing or opportunity to contest the seizure, constituted a denial of due process under the Fourteenth Amendment, and that the district court erred in granting summary judgme
• DeVASTO v. Faherty
  658 F.2d 859· 1st Cir.· 1981-09-11 ·cited 30×
  The admission of evidence found during an unlawful search, without proper limiting instructions, was not harmless error and requires a new trial. The district court also erred in denying plaintiff's motion to amend her complaint to add the City of Boston as a defendant.
• Praprotnik v. City OF ST. Louis
  798 F.2d 1168· 8th Cir.· 1986-08-19 ·cited 29×
  The dissenting judge argues that the evidence was insufficient to support findings of municipal liability and a First Amendment violation, and that a new trial on damages is warranted due to an improper jury instruction.
• Hirst v. Gertzen
  676 F.2d 1252· 9th Cir.· 1982-05-10 ·cited 29×
  The majority opinion reversed the trial court's decision, allowing evidence of a deputy sheriff's prior acts to be admissible for proving gross negligence and proximate cause in a civil rights action, despite the dissenting judge's view that such evidence was irrelevant and preju
• Ross v. United States
  910 F.2d 1422· 7th Cir.· 1990-08-16 ·cited 28×
  The court held that the United States and the City of Waukegan were properly dismissed, but the claim against Lake County for violating William Ross's constitutional rights by preventing rescue was cognizable under § 1983.
• Palmerin v. City OF Riverside
  794 F.2d 1409· 9th Cir.· 1986-07-21 ·cited 28×
  The court held that guilty pleas were admissible as admissions of resistance and that the failure to object contemporaneously at trial after an unsuccessful motion in limine did not waive the appeal issue. The court also dismissed the appeal regarding the marijuana due to an inco
• Williams v. Butler
  746 F.2d 431· 8th Cir.· 1984-10-15 ·cited 28×
  The court held that a city cannot be held liable under § 1983 solely based on an individual official's act if that act does not represent an official city policy or custom.
• Paxman v. Campbell
  612 F.2d 848· 4th Cir.· 1980-01-02 ·cited 28×
  The maternity leave policies requiring pregnant teachers to cease teaching at mandatory times violated the due process clause of the Fourteenth Amendment under Cleveland Board of Education v. LaFleur. School board members sued in their individual capacities are entitled to qualif
• Metzger v. Osbeck
  841 F.2d 518· 3d Cir.· 1988-03-11 ·cited 27×
  The court held that the plaintiff failed to produce sufficient evidence to demonstrate a constitutional violation under section 1983, as the teacher's actions did not rise to the level of excessive force or abuse of power, and the injuries were unexpected and unintended.
• Josiah Haynesworth and Fred Hancock v. Miller
  820 F.2d 1245· D.C. Cir.· 1987-05-29 ·cited 27×
  The court's holding is not a single unified one, but rather a series of concurrences and disagreements on various claims and dismissals.
• Khoury v. The Miami-Dade Cnty. Sch. Bd.
  4 F.4th 1118· 11th Cir.· 2021-07-07 ·cited 26×
  The court held that the district court erred in granting summary judgment to Officer Williams on the false arrest and First Amendment retaliation claims because disputed facts regarding probable cause and the officer's actions precluded qualified immunity. Summary judgment for th
• Shah v. Cnty. OF LOS Angeles
  797 F.2d 743· 9th Cir.· 1986-08-15 ·cited 26×
  The court held that a claim for substantive due process violation is not barred by the availability of state remedies, and that a municipal liability claim based on alleged policy or custom cannot be dismissed on the pleadings alone.
• Glaros v. Perse
  628 F.2d 679· 1st Cir.· 1980-08-12 ·cited 26×
  The court held that the dismissal of the complaint against out-of-state defendants and the Commonwealth of Massachusetts was proper, but remanded the case for redetermination of the motion to amend the complaint as to certain Massachusetts defendants and the United States.
• Domingo Roque Molina v. Paul T. Richardson & the City of Los Angeles
  578 F.2d 846· 9th Cir.· 1978-07-21 ·cited 26×
  The dissenting judge would reverse the district court's decision, find jurisdiction, and infer a cause of action against the city directly from the Fourteenth Amendment.
• Simmons v. The City OF Philadelphia
  947 F.2d 1042· 3d Cir.· 1991-10-18 ·cited 25×
  A municipality can be held liable under section 1983 for deliberate indifference to constitutional rights, which can be proven by demonstrating reckless conduct or a failure to act when officials should have known of a risk.
• Carter v. Dist. OF Columbia
  795 F.2d 116· D.C. Cir.· 1986-07-03 ·cited 25×
  The court held that the trial judge erred in allowing extensive introduction of allegations of prior police misconduct, necessitating a new trial on claims submitted to the jury. The court also affirmed the directed verdict for the municipality on the constitutional tort claim.
• Raysor v. Port Auth. OF NEW York & NEW Jersey
  768 F.2d 34· 2d Cir.· 1985-07-15 ·cited 24×
  The court held that the jury's verdict was inconsistent and damages inadequate, requiring a new trial on some claims. It also reversed the dismissal of state tort claims against Officer Simpson and the Port Authority.
• Maudotha R. White v. Wash. Pub. Power Supply Sys.
  692 F.2d 1286· 9th Cir.· 1982-11-23 ·cited 24×
  The court held that the trial court erred in allocating the burden of proof in a Title VII disparate treatment case and in awarding punitive damages under certain statutes, requiring reversal and remand for a new trial.
• Tandy Richardson, Jr. v. The City OF Indianapolis
  658 F.2d 494· 7th Cir.· 1981-08-25 ·cited 24×
• Cleamtee Garner v. Memphis Police Dep't
  600 F.2d 52· 6th Cir.· 1979-06-18 ·cited 24×
  The court held that individual officers are immune from liability due to good faith reliance on existing Tennessee law, but the city may be liable under Monell for constitutional violations resulting from its policy or custom.
• Kurek v. Pleasure Driveway & Park Dist. OF Peoria
  583 F.2d 378· 7th Cir.· 1978-09-11 ·cited 24×
  The court reinstated its prior judgment on antitrust claims and reversed the dismissal of a civil rights claim against the Park District, remanding for further proceedings.
• Wilson v. The Health & Hosp. Corp. OF Marion Cnty.
  620 F.2d 1201· 7th Cir.· 1980-04-28 ·cited 23×
  The court held that the plaintiff failed to establish a Fourth Amendment claim due to a lack of demonstrated expectation of privacy and that procedural due process was satisfied by the notices provided.
• Santiago v. Fenton
  891 F.2d 373· 1st Cir.· 1989-12-11 ·cited 22×
  The court held that the district court did not abuse its discretion in granting protective orders, that summary judgment for the city and police chief was appropriate, but that directed verdicts for one officer on claims of false arrest, imprisonment, and civil rights violations
• Worsham v. The City OF Pasadena
  881 F.2d 1336· 5th Cir.· 1989-08-31 ·cited 22×
  The court held that a plaintiff must be given an opportunity to prove that a municipality's policymakers absolutely delegated final policymaking authority to a subordinate official, even if positive law suggests otherwise, by demonstrating a custom or usage of abdicating review p
• Mark v. Furay
  769 F.2d 1266· 7th Cir.· 1985-08-08 ·cited 22×
  A plaintiff arrested pursuant to a facially valid warrant generally has no claim for unconstitutional deprivation of liberty under § 1983, even if the arresting officers had malicious motives, unless the plaintiff can show the warrant was procured by misrepresentation of material
• McKNIGHT v. Se. Pa. Transp. Auth.
  583 F.2d 1229· 3d Cir.· 1978-09-29 ·cited 22×
  The court held that the district court erred in dismissing the plaintiff's claim regarding a deprivation of his liberty interest, as the alleged stigmatizing charge of intoxication could be a factual question for trial. The court also vacated the dismissal of the property interes
• Sterling v. Vill. OF Maywood
  579 F.2d 1350· 7th Cir.· 1978-07-07 ·cited 22×
  The court held that the facts of the case do not rise to the level of a constitutional question, and the complaint should be dismissed.
• Cale v. The City OF Covington
  586 F.2d 311· 4th Cir.· 1978-11-03 ·cited 21×
  The court held that there is no implied cause of action for damages against a municipality under the Fourteenth Amendment, even with federal question jurisdiction, for the acts of its employees.
• Earnestine Hill v. McINTYRE
  884 F.2d 271· 6th Cir.· 1989-09-08 ·cited 20×
  The court held that a genuine issue of fact existed regarding whether the officer obtaining the warrant acted with reckless disregard for the truth, requiring a jury trial. It also held that the manner of executing the search warrant presented factual issues for a jury.
• Garcia v. Bd. OF Educ. OF the Socorro Consol. Sch. Dist.
  777 F.2d 1403· 10th Cir.· 1985-11-22 ·cited 20×
  The court held that the school board and its members in their official capacities are immune from suit under the Eleventh Amendment, and that the actual malice standard applies to defamation claims brought by public officials against non-media defendants.
• Heller v. Bushey
  759 F.2d 1371· 9th Cir.· 1985-05-01 ·cited 20×
  The jury's verdict for the arresting officer does not preclude claims against municipal entities based on policy or custom, nor does it preclude claims against individual officials who may have authorized unconstitutional conduct.
• Dodson v. Polk Cnty.
  628 F.2d 1104· 8th Cir.· 1980-08-26 ·cited 20×
  The dissenting judge argues that a public defender, representing an indigent defendant, does not operate under color of state law for the purposes of a 42 U.S.C. § 1983 action. The judge also believes public defenders should have absolute immunity.
• Swietlowich v. Cnty. OF Bucks & Twp. of Bristol & Harry Merker & Sgt. Stanley Martin & Sgt. Walter Hughes & Patrolman H. J. McDonough
  620 F.2d 33· 3d Cir.· 1980-04-28 ·cited 20×
  A party is not entitled to attorney's fees under 42 U.S.C. § 1988 unless they are a prevailing party who has essentially succeeded on a claim.
• Wood v. Franklin Y.K. Sunn
  852 F.2d 1205· 9th Cir.· 1988-07-27 ·cited 19×
  The court held that prison staff acted with deliberate indifference to an inmate's serious medical needs, but reversed the judgment against prison administrators due to lack of personal involvement and remanded the attorney's fees award for reconsideration.
• Melva A. Schalk v. Gallemore
  906 F.2d 491· 10th Cir.· 1990-06-20 ·cited 18×
  The court held that the employee's speech regarding hospital waste and inefficiency constituted a matter of public concern protected by the First Amendment, but the administrator was entitled to qualified immunity from individual liability.
• Coleman v. Smith
  814 F.2d 1142· 7th Cir.· 1987-01-20 ·cited 18×
  The court holds that the Village of Robbins is not liable for acts of its officials that are clearly outside the scope of their employment, distinguishing this case from prior precedent.
• Jong Hee Small v. The Inhabitants OF the City OF Belfast & James Murphy
  796 F.2d 544· 1st Cir.· 1986-06-27 ·cited 18×
• Munz v. Parr
  758 F.2d 1254· 8th Cir.· 1985-03-29 ·cited 18×
  The court held that the district court erred in dismissing the excessive force claim against an unnamed defendant and other claims without allowing the pro se plaintiff an opportunity to amend his complaint.
• Leonard v. City OF Frankfort Elec. & Water Plant Bd.
  752 F.2d 189· 6th Cir.· 1985-01-09 ·cited 18×
  The court held that the district court erred in granting summary judgment on the § 1981 claims and the discriminatory discharge claim, and that the back-pay award for the Title VII demotion claim was not an abuse of discretion.
• Harbulak v. Cnty. OF Suffolk
  654 F.2d 194· 2d Cir.· 1981-07-15 ·cited 18×
  The court held that the district court abused its discretion in denying attorney's fees to the prevailing defendant because the civil rights action brought was frivolous and without foundation.
• Turner v. Upton Cnty.
  915 F.2d 133· 5th Cir.· 1990-09-11 ·cited 16×
  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×
  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.
• Consol. Television Cable Serv., Inc. v. The City OF Frankfort
  857 F.2d 354· 6th Cir.· 1988-09-21 ·cited 16×
  The court held that res judicata barred Consolidated's action and that Community was an agent of the City for state action immunity purposes.