Monell V. Department Of Social Services

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

• Carter v. City OF Chattanooga
  850 F.2d 1119· 6th Cir.· 1988-06-27 ·cited 16×
  The Sixth Circuit Court of Appeals held that the Supreme Court's decision in Tennessee v. Garner, which established new constitutional standards for the use of deadly force against fleeing felons, should not be applied retroactively to the City of Chattanooga. The court found tha
• Ngiraingas v. Sanchez
  858 F.2d 1368· 9th Cir.· 1988-06-07 ·cited 16×
  Guam is not a 'person' under 42 U.S.C. § 1983, thus claims against it and its officials in their official capacities are dismissed. Claims against individual officers are not time-barred and may proceed, subject to qualified immunity.
• Cabrera v. Municipality OF Bayamon
  622 F.2d 4· 1st Cir.· 1980-05-28 ·cited 16×
  The court affirmed the contempt order against the mayor but vacated the dismissal of the municipality and remanded for further proceedings. The court also affirmed the dismissal of claims against the mayor in his personal capacity.
• Alain Scofield v. City OF Hillsborough
  862 F.2d 759· 9th Cir.· 1988-12-07 ·cited 15×
  Due process does not require pre-towing notice for vehicles unregistered for over a year, but a post-towing hearing may be constitutionally required if timely requested and denied.
• Owens v. City OF Atlanta
  780 F.2d 1564· 11th Cir.· 1986-01-30 ·cited 15×
  Individual city employees cannot be held liable under 42 U.S.C.A. § 1983 for merely negligent conduct, and the City of Atlanta cannot be held liable for maintaining a policy regarding use of a “stretch” restraining procedure without evidence of fault.
• Collinson v. Gott
  895 F.2d 994· 4th Cir.· 1990-02-13 ·cited 14×
  The court held that a genuine issue of material fact exists regarding the necessity of silencing Collinson, precluding summary judgment on qualified immunity.
• Flanagan v. Munger
  890 F.2d 1557· 10th Cir.· 1989-12-08 ·cited 14×
  The court held that the public concern test of Pickering/Connick does not apply to off-duty, non-work-related speech, and that the balance tips in favor of the officers' free speech rights, but the Chief of Police is entitled to qualified immunity.
• McCONNEY v. The City OF Houston
  863 F.2d 1180· 5th Cir.· 1989-01-23 ·cited 14×
  A municipal policy does not need to be unconstitutional in itself to support Section 1983 liability if the policy causes a predicate unconstitutional act.
• Foster v. Walsh
  864 F.2d 416· 6th Cir.· 1988-12-14 ·cited 14×
  A court clerk issuing an arrest warrant at a judge's direction is performing a judicial function and is absolutely immune from suit. A municipal court is not a 'person' under 42 U.S.C. § 1983.
• Neola N. Howard v. Fortenberry
  723 F.2d 1206· 5th Cir.· 1984-02-02 ·cited 14×
  Summary judgment for most defendants is affirmed, but reversed and remanded for the Director of Corrections and the sanitarians due to disputed material facts regarding their duties and potential breaches.
• Powell v. Shopco Laurel Co. & Robert K. Skeen
  678 F.2d 504· 4th Cir.· 1982-05-18 ·cited 14×
  A private employer cannot be held liable under 42 U.S.C. § 1983 solely on the basis of respondeat superior.
• Bielevicz v. Officer J. Dubinon
  915 F.2d 845· 3d Cir.· 1990-09-28 ·cited 12×
  The court held that the plaintiffs presented sufficient evidence to withstand a motion for directed verdict on the issue of whether their injuries were caused by the City's custom of arresting people for public intoxication without probable cause and with no intention of prosecut
• Weller v. Dep't OF Soc. Servs. FOR the City OF Baltimore
  901 F.2d 387· 4th Cir.· 1990-04-19 ·cited 12×
  The court held that while most of the plaintiff's claims were properly dismissed for lack of jurisdiction, the complaint sufficiently alleged a procedural due process violation regarding the transfer of child custody without a hearing to warrant further factual inquiry.
• Ford v. Childers
  855 F.2d 1271· 7th Cir.· 1988-08-22 ·cited 12×
• Jett v. Dallas Indep. Sch. Dist.
  837 F.2d 1244· 5th Cir.· 1988-02-05 ·cited 12×
  Respondeat superior is not a valid basis for imposing liability on a school district under 42 U.S.C. § 1981.
• Dodd v. City OF Norwich & Eric Larson
  827 F.2d 1· 2d Cir.· 1987-08-31 ·cited 12×
  The court held that the accidental shooting of a suspect during a struggle does not constitute an unreasonable seizure under the Fourth Amendment, and therefore, neither the arresting officer nor the city can be held liable for a constitutional violation.
• Laurel C. Thomas v. Shipka
  818 F.2d 496· 6th Cir.· 1987-05-01 ·cited 12×
  The court held that 42 U.S.C. § 1983 is the exclusive remedy for alleged constitutional violations by state officials, precluding direct constitutional claims under 28 U.S.C. § 1331. It also affirmed that claims under § 1983 are governed by Ohio's one-year statute of limitations
• Jones v. City OF Chicago
  787 F.2d 200· 7th Cir.· 1986-04-04 ·cited 12×
  The court held that the City of Chicago was not liable under 42 U.S.C. § 1983 for the alleged sexual assaults by a physician, as the plaintiffs failed to demonstrate a policy or custom of deliberate indifference or tacit authorization by the City that led to their injuries.
• Harris v. Greer
  750 F.2d 617· 7th Cir.· 1984-12-18 ·cited 12×
  The court held that the district court erred in dismissing the claim of deliberate racial segregation, but correctly dismissed claims regarding property confiscation and harassment due to lack of personal responsibility.
• Rollins v. Farmer
  731 F.2d 533· 8th Cir.· 1984-04-02 ·cited 12×
  The court held that the trial court erred in dismissing the suit against Officer Farmer in his individual capacity, as his good faith was placed in contention at the pretrial conference.
• Remola Boykin v. The Dist. of Columbia
  689 F.2d 1092· D.C. Cir.· 1982-09-10 ·cited 12×
  The court held that municipalities cannot be held liable under a respondeat superior theory for constitutional torts committed by their employees in Bivens-type actions, and that claims under 42 U.S.C. §§ 1983, 1985, and 1986 are not applicable to the District of Columbia in this
• Francine Newman v. The Bd. OF Educ. OF the City Sch. Dist. OF NEW York
  594 F.2d 299· 2d Cir.· 1979-02-21 ·cited 12×
  The court held that a tenured teacher denied access to medical reports used to place her on involuntary leave for mental unfitness was denied procedural due process. However, her refusal to submit to a subsequent medical examination precluded claims for damages after that point.
• Pleasant v. Zamieski
  895 F.2d 272· 6th Cir.· 1990-02-08 ·cited 11×
  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×
  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×
  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.
• Archie v. City OF Racine
  826 F.2d 480· 7th Cir.· 1987-07-14 ·cited 10×
  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×
  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.
• Rock v. Roy McCOY & the City of Checotah
  763 F.2d 394· 10th Cir.· 1985-06-07 ·cited 10×
  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×
  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.
• Ginter v. State BAR OF Nev.
  625 F.2d 829· 9th Cir.· 1980-04-29 ·cited 10×
  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×
  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×
  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.
• Gilmere v. City OF Atlanta
  737 F.2d 894· 11th Cir.· 1984-07-09 ·cited 9×
  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×
  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.
• Garner Gregory v. The City OF Rogers
  921 F.2d 750· 8th Cir.· 1990-12-12 ·cited 8×
  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×
  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×
  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.
• Troy v. City OF Hampton
  756 F.2d 1000· 4th Cir.· 1985-03-05 ·cited 8×
  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.
• DOE v. Sullivan Cnty.
  956 F.2d 545· 6th Cir.· 1992-02-10 ·cited 6×
  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.
• Erdman v. Cochise Cnty.
  926 F.2d 877· 9th Cir.· 1991-02-22 ·cited 6×
  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.
• Odum v. A.B. Clark
  748 F.2d 1538· 11th Cir.· 1984-12-19 ·cited 6×
  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×
  The court held that the school boards and districts are arms of the state and thus immune from suit under the Eleventh Amendment.
• Salinas v. Chief Harold Breier
  695 F.2d 1073· 7th Cir.· 1982-12-22 ·cited 6×
  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×
  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×
  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×
  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.
• Ziahonna Teagan v. The City of McDonough
  949 F.3d 670· 11th Cir.· 2020-02-11 ·cited 5×
  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
• Soldal v. Cnty. OF Cook
  923 F.2d 1241· 7th Cir.· 1991-01-24 ·cited 5×
  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.
• 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.