Monell V. Department Of Social Services

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

• Johnson v. Hardin Cnty.
  908 F.2d 1280· 6th Cir.· 1990-07-20 ·cited 4×
  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×
  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
• Ross v. Amos Reed
  719 F.2d 689· 4th Cir.· 1983-10-12 ·cited 4×
  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×
  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.
• Cherry v. Crow
  845 F. Supp. 1520· M.D. Fla.· 1994-03-07 ·cited 3×
  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.
• Gegenheimer v. Raoul A. "Skip" Galan, Jr.
  920 F.2d 307· 5th Cir.· 1991-01-09 ·cited 2×
  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.
• Spann v. Tyler Indep. Sch. Dist.
  876 F.2d 437· 5th Cir.· 1989-06-29 ·cited 2×
  A municipality cannot be held liable under section 1983 for an employee's failure to properly exercise discretion granted by policy.
• Burt Cole v. Williams
  798 F.2d 280· 8th Cir.· 1986-08-04 ·cited 2×
  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×
  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×
• Tosti v. City OF LOS Angeles
  754 F.2d 1485· 9th Cir.· 1985-03-04 ·cited 2×
  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.
• Burton v. State OF Miss.
  650 F.2d 91· 5th Cir.· 1981-07-07 ·cited 2×
  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×
  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×
  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.
• Gainer v. City of Winter Haven
  134 F. Supp. 2d 1295· M.D. Fla.· 2000-11-08 ·cited 1×
  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
• Bridges v. J.C. Poe, Jr.
  11th Cir.· 2025-10-17
  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
• Wright v. 15th Dist. Palm Beach Cnty. State Attorney's Off.
  S.D. Fla.· 2025-02-19
  The court accepted the Magistrate Judge's Report and Recommendation, granting the motion to dismiss because the State Attorney's Office is immune under the Eleventh Amendment and the complaint constituted an impermissible shotgun pleading.
• Baker v. Shelly
  M.D. Fla.· 2025-02-04
  The court held that the plaintiff's second amended complaint failed to state a claim upon which relief could be granted against any defendant.
• Woodington v. City of Miami-Dade
  S.D. Fla.· 2024-02-05
  The court held that the plaintiff's official-capacity claims against officers and claims against the police department are dismissed, but his individual-capacity excessive force claim against the officers survives for now, with leave to amend the municipal liability claim.
• Bradley v. City of Tampa
  M.D. Fla.· 2024-01-03
  The court held that the plaintiff failed to state a municipal liability claim against the City of Tampa and that the claim against the chief of police was redundant.
• Perez v. City of Opa-Locka
  S.D. Fla.· 2023-09-19
  Police Captain Sergio Perez sued the City of Opa-Locka under the First Amendment and Florida's Whistleblower Act, claiming retaliation for raising concerns about financial mismanagement and for filing the lawsuit itself. The court granted the city's motion for summary judgment on
• Teblum v. The City of Cape Coral Charter Sch. Auth.
  M.D. Fla.· 2021-03-29
  The court held that the plaintiffs sufficiently pleaded facts to support their First Amendment retaliation claims, as they alleged speaking as private citizens on matters of public concern, and therefore denied the defendant's motion to dismiss.
• Watkins v. Sergeant M. Bigwood
  S.D. Fla.· 2020-08-21
  The court held that the plaintiff demonstrated good cause to amend his complaint after the deadline, and the proposed amendments were not futile.
• LeBlanc v. Town of Fort Myers Beach
  M.D. Fla.· 2019-08-21
  The court held that the plaintiff failed to state a claim for violation of his constitutional rights under Section 1983, as his allegations lacked factual support and did not identify a fundamental right or constitutionally inadequate process.
• Denmark v. Lee Cnty.
  931 F. Supp. 831· M.D. Fla.· 1996-07-01
  Summary judgment is denied for Defendant Schramm on the § 1983 claims and the state law battery claim due to genuine issues of material fact regarding excessive force. Summary judgment is granted for Defendant Schramm on the state law false arrest and false imprisonment claims be
• Gaines v. Walker
  986 F.2d 1438· D.C. Cir.· 1993-03-09
  The court held that the District of Columbia is not obligated to indemnify the officer for his liability, but the trial court committed prejudicial error by excluding the officer's prior consistent statement (police report) offered to rebut a charge of fabrication.
• Ketchum v. City OF W. Memphis
  974 F.2d 81· 8th Cir.· 1992-09-02
• Rory Nitcher v. Does
  956 F.2d 796· 8th Cir.· 1992-02-10
  The court held that the MDOC and State were improperly awarded damages on their counterclaim as they were not proper parties, but affirmed the denial of Nitcher's constitutional claims and the award of actual damages to eight prison officials for abuse of process.
• Berkovich v. Winslow Hicks
  922 F.2d 1018· 2d Cir.· 1991-01-04
• Laidley v. Lantz McCLAIN
  914 F.2d 1386· 10th Cir.· 1990-09-13
  The court held that the notice of appeal was insufficient to confer jurisdiction for most plaintiffs, but a genuine issue of material fact existed regarding whether one plaintiff was terminated due to political activity, precluding summary judgment for that plaintiff against the
• Mann v. Adams
  846 F.2d 589· 9th Cir.· 1988-05-18
  The court held that a state's failure to certify grievance procedures does not create a cause of action, and prison officials may open incoming mail in the inmate's presence for security reasons.
• Teague v. City OF ST. Louis
  615 F.2d 773· 8th Cir.· 1980-02-28
  The court affirmed the district court's decision, finding no error in the Title VII claim and no purpose for remanding the § 1983 claim based on the trial judge's findings.
• O'Hern v. The Sch. Dist. OF Springfield R-12
  578 F.2d 220· 8th Cir.· 1978-07-06
  The court held that a school district and its members are subject to suit under 42 U.S.C. § 1983, vacating the dismissal of federal and state claims.