Municipal Liability Under § 1983

434 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• 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
• Watson v. The City OF Kan. City
  857 F.2d 690· 10th Cir.· 1988-09-14 ·cited 22×
  The court held that the plaintiff presented sufficient evidence to survive summary judgment on her § 1983 claim against the City for a policy of providing less protection to domestic violence victims, but affirmed summary judgment on her sex-based discrimination claim.
• Freedman v. City OF Allentown
  853 F.2d 1111· 3d Cir.· 1988-08-10 ·cited 22×
  The court held that the allegations in the complaint were sufficient to withstand a motion to dismiss under Rule 12(b)(6) for claims against Detective Balliet and the municipal defendants, as they sufficiently alleged reckless indifference to a detainee's suicidal tendencies.
• Villante v. Dep't OF Corr. OF the City OF NEW York
  786 F.2d 516· 2d Cir.· 1986-03-19 ·cited 22×
  The court held that the district court abused its discretion by denying discovery and improperly granting summary judgment on the sexual assault claim, but correctly dismissed the wrongful confinement claim.
• Marchese v. Lucas
  758 F.2d 181· 6th Cir.· 1985-04-03 ·cited 22×
  The court held that a sheriff and county can be liable under 42 U.S.C. § 1983 for a prisoner's injuries resulting from excessive force if such injuries were inflicted pursuant to an official policy or custom of failing to train, discipline, or investigate misconduct.
• Conway v. The Vill. OF Mount Kisco
  750 F.2d 205· 2d Cir.· 1984-12-11 ·cited 22×
  The court held that the statute of limitations did not bar the malicious prosecution claim, and that the dismissal of claims against the Martabanos, Bano Buick, and Vincent Cerbone in his individual capacity should be reversed, while affirming dismissals against the Village of Mo
• Ries v. Lynskey
  452 F.2d 172· 7th Cir.· 1971-09-03 ·cited 22×
  The court held that municipalities are not liable under 42 U.S.C. §§ 1983 or 1986, and that the trial court properly instructed the jury on contributory wilful and wanton conduct.
• Redman v. Cnty. OF SAN Diego
  942 F.2d 1435· 9th Cir.· 1991-08-26 ·cited 21×
  The court held that the majority's application of deliberate indifference standards to jail management was incorrect, suggesting judicial overreach.
• Hossman v. Blunk
  784 F.2d 793· 7th Cir.· 1986-02-26 ·cited 21×
  The court held that the plaintiff's pro se complaint, when liberally construed, adequately alleged claims for municipal liability under § 1983 and that the § 1985 claim was properly dismissed for failing to allege racial or class-based discrimination.
• 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.
• Coogan v. City OF Wixom
  820 F.2d 170· 6th Cir.· 1987-06-01 ·cited 20×
  The court held that the plaintiff failed to establish a claim for malicious prosecution, intentional infliction of emotional distress, or violations of constitutional rights under 42 U.S.C. § 1983, affirming the directed verdict.
• Burns v. The City OF Galveston
  905 F.2d 100· 5th Cir.· 1990-07-11 ·cited 18×
  The court held that the city's failure to adhere to its hourly cell check policy and its alleged inadequate training of officers did not rise to the level of deliberate indifference required for a § 1983 claim, as the actions did not cause the detainee's suicide and there is no c
• Erwin v. Cnty. OF Manitowoc
  872 F.2d 1292· 7th Cir.· 1989-04-19 ·cited 18×
  The court held that the confusing jury verdict and inconsistent findings necessitated a new trial for all parties.
• Ellena Harris v. City OF Pagedale
  821 F.2d 499· 8th Cir.· 1987-06-17 ·cited 18×
  The court held that the evidence supported the jury's finding of a municipal custom of deliberate indifference to police misconduct, and that this custom proximately caused the plaintiff's assault, establishing municipal liability under 42 U.S.C. § 1983.
• Palmer v. City OF SAN Antonio
  810 F.2d 514· 5th Cir.· 1987-02-23 ·cited 18×
  The court held that the district court erred in dismissing the claims against the individual officers in their individual capacities, but correctly dismissed the claim against the city due to insufficient allegations of policy or custom.
• Alden Werch v. City OF Berlin
  673 F.2d 192· 7th Cir.· 1982-03-17 ·cited 18×
  The court held that the district court correctly dismissed the section 1983 suit for lack of subject matter jurisdiction due to the availability of adequate state remedies and properly awarded attorney's fees for a frivolous action.
• 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.
• McDONALD v. State OF Ill.
  557 F.2d 596· 7th Cir.· 1977-06-15 ·cited 18×
  The court held that the State of Illinois is immune from suit in federal court under the Eleventh Amendment, and that while defendant Weil's actions may have deprived plaintiff of a constitutional right, claims against municipalities under § 1983 require a policy or custom, not j
• Gonzales v. The City OF Peoria
  722 F.2d 468· 9th Cir.· 1983-12-16 ·cited 17×
  Federal law does not preclude state and local police from enforcing criminal provisions of the Immigration and Naturalization Act, and Arizona law authorizes such arrests if supported by probable cause and constitutional procedures. However, detention at a police station constitu
• Caldwell v. City OF Elwood
  959 F.2d 670· 7th Cir.· 1992-04-01 ·cited 16×
  A plaintiff must sufficiently allege that disciplinary action was taken because of constitutionally protected speech and, for municipal liability, must plead a custom or policy, not just a single incident.
• Manarite v. City OF Springfield
  957 F.2d 953· 1st Cir.· 1992-03-05 ·cited 16×
  The court held that the municipality and police chief were not liable under § 1983 for the detainee's suicide, as their actions did not rise to the level of deliberate indifference, and a minor child cannot assert a claim for loss of familial association when the state action was
• 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.
• RRI Realty Corp. v. The Inc. Vill. OF Southampton
  870 F.2d 911· 2d Cir.· 1989-03-29 ·cited 16×
  The dissenting judge holds that RRI demonstrated a property interest protected by the Fourteenth Amendment because the Architectural Review Board failed to act on its permit application within the time prescribed by village code, thereby entitling RRI to the permit.
• Williams v. Butler
  863 F.2d 1398· 8th Cir.· 1988-12-21 ·cited 16×
  The acts of a municipal judge in discharging a court clerk are attributable to the City for purposes of 42 U.S.C. § 1983 liability, as the judge possesses final policymaking authority in employment matters concerning court clerks under state law.
• Sala v. Cnty. OF Suffolk
  604 F.2d 207· 2d Cir.· 1979-08-17 ·cited 16×
  The court held that a municipality is afforded immunity from damages under § 1983 when its policy was not constitutionally infirm under then-existing law and there was no evidence of bad faith by those formulating the policy.
• Adkins v. The Duval Cnty. Sch. Bd.
  511 F.2d 690· 5th Cir.· 1975-04-21 ·cited 16×
  A Florida school board is not a "person" within the meaning of 42 U.S.C.A. § 1983, and therefore federal courts lack subject matter jurisdiction over claims brought solely against a school board under this statute.
• Walker v. The City OF NEW York
  974 F.2d 293· 2d Cir.· 1992-09-04 ·cited 15×
  A municipality can be liable under § 1983 for a district attorney's deliberate indifference in failing to train or supervise prosecutors regarding Brady obligations, and for police officers' perjury, if such failures amount to deliberate indifference and are the proximate cause o
• Pottinger v. City of Miami
  810 F. Supp. 1551· S.D. Fla.· 1992-11-16 ·cited 14×
  The court held that the City of Miami's custom and practice of arresting homeless individuals for essential life-sustaining activities in public places violated their constitutional rights, warranting injunctive relief.
• Rhyne v. Henderson Cnty.
  973 F.2d 386· 5th Cir.· 1992-09-14 ·cited 14×
  The plaintiff failed to prove that the defendant-municipality acted with deliberate indifference towards the mental health needs of pretrial detainees, despite a detainee's suicide.
• Fields v. City OF S. Houston
  922 F.2d 1183· 5th Cir.· 1991-02-01 ·cited 14×
  The court held that federal law governs false arrest claims under § 1983, and probable cause is sufficient for a valid arrest, but genuine issues of material fact remain regarding excessive force and denial of medical attention for a pretrial detainee. Municipalities are not enti
• Gaudreault v. Municipality OF Salem
  923 F.2d 203· 1st Cir.· 1990-11-19 ·cited 14×
  Summary judgment for the defendant officers was appropriate because the force used was objectively reasonable, the plaintiff failed to identify his assailant for the assault claim, and the plaintiff did not demonstrate serious medical needs or harm from delayed treatment.
• Eugenia Rodriguez v. Avita
  871 F.2d 552· 5th Cir.· 1989-05-01 ·cited 14×
  A municipality cannot be held liable under 42 U.S.C. § 1983 for a single incident of alleged police misconduct stemming from inadequate training, absent evidence of a pattern of similar incidents or widespread incompetence.
• Evans v. McKAY
  869 F.2d 1341· 9th Cir.· 1989-03-16 ·cited 14×
  The court held that the plaintiffs sufficiently pleaded a claim under 42 U.S.C. § 1981 against individual defendants and a claim under 42 U.S.C. § 1983 against individual police officers, tribal defendants, and the City of Browning, but affirmed the dismissal of the § 1983 claim
• 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.
• Perez v. Simmons
  884 F.2d 1136· 9th Cir.· 1988-10-26 ·cited 14×
  The court held that a search warrant is required to enter a third party's home to arrest a suspect, even if the suspect is a guest, unless exigent circumstances exist. The court also held that the claim against the City for inadequate training must be retried under the 'deliberat
• Hill Stokes v. Bullins
  844 F.2d 269· 5th Cir.· 1988-05-10 ·cited 14×
  A municipality's gross negligence in hiring an officer, without more, does not establish a constitutional violation under 42 U.S.C. § 1983, nor does it satisfy the "policy" requirement for municipal liability.
• Rosario v. Miami-Dade Cnty.
  490 F. Supp. 2d 1213· S.D. Fla.· 2007-05-08 ·cited 13×
  The court held that plaintiffs failed to state a claim for municipal liability under 42 U.S.C. § 1983 because they did not allege facts sufficient to show that the deprivation of constitutional rights resulted from a final policymaker's decision or an unconstitutional custom or p
• Burns v. Loranger
  907 F.2d 233· 1st Cir.· 1990-06-29 ·cited 13×
  The court held that the officers were entitled to qualified immunity because their conduct in strip-searching the plaintiff was objectively reasonable under the circumstances, and thus did not violate clearly established Fourth Amendment rights.
• Zook v. Brown
  865 F.2d 887· 7th Cir.· 1989-01-17 ·cited 13×
  The court held that Standard 2.19 of the Sheriff's Department Operating Procedures Manual is constitutional both on its face and as applied to Deputy Zook, and that the application of Standard 4.4 was unconstitutional. The court also affirmed the denial of a jury trial for damage
• Marcus v. Carrasquillo
  782 F. Supp. 593· M.D. Fla.· 1992-01-09 ·cited 12×
  The court held that plaintiff's allegations of a racially motivated custom or policy of ignoring complaints were sufficient to withstand a motion to dismiss, but First Amendment claims lacked factual support and punitive damages demands were premature.
• 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
• Ware v. Unified Sch. Dist. NO. 492
  902 F.2d 815· 10th Cir.· 1990-05-07 ·cited 12×
  The majority holds the School District liable for violating Ware's First Amendment rights based on 'deliberate indifference,' despite the district court's findings.
• Crowder v. Sinyard
  884 F.2d 804· 5th Cir.· 1989-09-21 ·cited 12×
  The court held that the removal of seized property to another state did not violate the plaintiffs' constitutional right of access to the courts, and that a new trial was required on the Fourth Amendment claim due to errors in qualified immunity and jury instructions.
• Chandler Nelson Hughes v. Halifax Cnty. Sch. Bd.
  855 F.2d 183· 4th Cir.· 1988-08-26 ·cited 12×
  The court affirmed the district court's grant of directed verdicts and judgments notwithstanding the verdict, finding no error in the rulings on the § 1983 claims or the lost wages claim.
• 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.
• 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.
• Carroll v. Wilkerson
  782 F.2d 44· 6th Cir.· 1986-01-23 ·cited 12×
  The court held that recent Supreme Court and circuit court decisions required reversal of the dismissal of claims against the sheriff, jail administrator, and the county.
• Rymer v. Trooper H.A. Davis
  754 F.2d 198· 6th Cir.· 1985-02-11 ·cited 12×
  A city can be liable under 42 U.S.C. § 1983 for failure to train its police officers if the training was so reckless or grossly negligent that future misconduct was almost inevitable or substantially certain to result. The evidence supported the jury's finding of such liability.
• Greene v. City OF Memphis
  535 F.2d 976· 6th Cir.· 1976-05-13 ·cited 12×
  The court held that the district court erred in dismissing the complaint for failure to state a claim under 42 U.S.C. § 1982 and § 1983.
• Yumich v. Cotter
  452 F.2d 59· 7th Cir.· 1971-10-13 ·cited 12×
  The dissenting judge would affirm the lower court's judgment, disagreeing with the majority's reversal.