Municipal Liability Under § 1983

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

• Gomez v. Metro Dade Cnty.
  801 F. Supp. 674· S.D. Fla.· 1992-07-24 ·cited 11×
  The court granted summary judgment for the County on the § 1983 claim and the quid pro quo Title VII claim, but denied it for the hostile work environment Title VII claim and the state law negligent retention claim.
• Annise Fuller v. M.G. Jewelry
  950 F.2d 1437· 9th Cir.· 1991-12-11 ·cited 11×
  The court held that while the officers were entitled to qualified immunity for the arrest and strip search, the City of Los Angeles may be liable if the strip searches were conducted pursuant to an unconstitutional policy.
• Ross v. Neff
  905 F.2d 1349· 10th Cir.· 1990-06-04 ·cited 11×
  The court held that while the arrest was extra-jurisdictional and thus a Fourth Amendment violation, the arresting officer was entitled to qualified immunity. The county, however, was not entitled to immunity and the claim against it for the extra-jurisdictional arrest was remand
• 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.
• Crenshaw v. City of Defuniak Springs
  891 F. Supp. 1548· N.D. Fla.· 1995-05-12 ·cited 10×
  The court held that the defendant is entitled to summary judgment because the plaintiff failed to demonstrate discriminatory intent or a violation of clearly established constitutional law, and the defendant is entitled to qualified immunity.
• Lu Ann Buffkins v. City OF Omaha
  922 F.2d 465· 8th Cir.· 1990-12-28 ·cited 10×
  The court held that the officers lacked reasonable articulable suspicion for the seizure and arrest, and the City of Omaha was improperly dismissed due to its failure to repeal an unconstitutional ordinance.
• Terry L. Davis for the Estate of Ronald D. Davis v. The City OF Ellensburg
  869 F.2d 1230· 9th Cir.· 1989-03-01 ·cited 10×
  The court held that the plaintiffs failed to produce significantly probative evidence of a municipal policy or custom that caused the decedent's death, and the City's supervision was not deliberately indifferent.
• Rhode v. Rathell Denson & San Jacinto Cnty.
  776 F.2d 107· 5th Cir.· 1985-11-05 ·cited 10×
  An elected constable's tortious acts, even if unconstitutional, do not establish county policy for purposes of § 1983 liability if the constable lacks the discretion to set policy for the county.
• Vippolis v. The Vill. OF Haverstraw & the Haver straw Vill. Police Dep't
  768 F.2d 40· 2d Cir.· 1985-07-16 ·cited 10×
  A plaintiff must prove the existence of a municipal policy or custom and an affirmative link between that policy and the deprivation of constitutional rights to establish municipal liability under 42 U.S.C. § 1983.
• 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.
• Shelton v. City OF Coll. Station
  754 F.2d 1251· 5th Cir.· 1985-03-11 ·cited 10×
  Summary judgment was improvidently granted because genuine issues of material fact exist regarding whether the zoning board's denial of a variance was arbitrary and discriminatory, and whether individual defendants were entitled to qualified immunity.
• Pete's Towing Co. v. City of Tampa
  648 F. Supp. 2d 1276· M.D. Fla.· 2009-08-13 ·cited 9×
  The court adopted the magistrate judge's report and recommendation, granting summary judgment for the defendants and denying the plaintiff's objections.
• 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.
• Hazel v. Sch. Bd. of Dade Cnty.
  7 F. Supp. 2d 1349· S.D. Fla.· 1998-05-08 ·cited 9×
  The court granted in part and denied in part the motion to dismiss, finding that the plaintiff stated claims for subject matter jurisdiction, quid pro quo sexual harassment under Title VII, and under the Florida Civil Rights Act, while dismissing other claims with or without prej
• Sivard v. Pulaski Cnty.
  959 F.2d 662· 7th Cir.· 1992-04-01 ·cited 9×
  The court held that a 17-day detention without being charged before a judicial officer raises genuine issues of material fact regarding unconstitutional detention under § 1983, precluding summary judgment. Claims for inadequate medical care and malpractice are not cognizable unde
• Dotson v. Lemuel Chester
  937 F.2d 920· 4th Cir.· 1991-06-05 ·cited 9×
  The county is liable for the sheriff's actions regarding the county jail because the sheriff possesses final policymaking authority for the county in that capacity, and the county is also responsible for supplemental attorneys' fees incurred in collecting the original award.
• Ruge v. City OF Bellevue
  892 F.2d 738· 8th Cir.· 1989-12-26 ·cited 9×
  The court held that a complaint alleging a city's deliberate policy of not shoring ditches, leading to an employee's death, sufficiently states a claim under 42 U.S.C. § 1983 to survive a motion to dismiss.
• Fla. Pawnbrokers & Secondhand Dealers Ass'n v. City of Fort Lauderdale
  711 F. Supp. 1084· S.D. Fla.· 1989-05-03 ·cited 9×
  A municipality is liable for attorney's fees under 42 U.S.C. § 1988 when it enforces an unconstitutional statute, even if it did not enact the statute, and its choice to defend the suit does not constitute a special circumstance to avoid liability.
• Love v. King
  784 F.2d 708· 5th Cir.· 1986-03-12 ·cited 9×
  The court held that a municipality is not vicariously liable under 42 U.S.C. § 1983 for employee acts absent policy or custom, and that mere negligence by a government official does not constitute an abuse of power actionable under § 1983 for a due process violation.
• Bankshot Billiards, Inc. v. City OF Ocala
  634 F.3d 1340· 11th Cir.· 2011-03-11 ·cited 8×
  Bankshot Billiards challenged a City of Ocala ordinance restricting entry of persons under twenty-one to alcohol-serving establishments, claiming the ordinance was unconstitutionally vague under the Fourteenth Amendment. The district court declared the ordinance facially vague an
• Searer v. Wells
  837 F. Supp. 1198· M.D. Fla.· 1993-11-18 ·cited 8×
  The court denied motions to dismiss, finding that the plaintiff's allegations, particularly in the amended complaint, sufficiently stated claims for federal civil rights violations and state law assault and battery, and that claims could be pleaded in the alternative.
• Boddie v. City OF Columbus
  989 F.2d 745· 5th Cir.· 1993-04-14 ·cited 8×
  The court held that a public employee's claim of discharge for union association does not require proof that the association touched on a matter of public concern, and that Chief Gale was not entitled to qualified immunity because the law was clearly established in 1987.
• Russo v. City OF Cincinnati
  953 F.2d 1036· 6th Cir.· 1992-01-15 ·cited 8×
  The City may be held liable for failure to adequately train its police officers in the use of deadly force against mentally disturbed individuals if the failure amounts to deliberate indifference.
• Woods v. City OF Mich. City
  940 F.2d 275· 7th Cir.· 1991-08-15 ·cited 8×
  A state statute creating a right to release does not, by itself, create a federal constitutional right to a pre-deprivation hearing when that right is allegedly violated.
• Malvin W. Brubaker v. City OF Richmond
  943 F.2d 1363· 4th Cir.· 1991-08-08 ·cited 8×
  The court affirmed the district court's imposition of Rule 11 sanctions, finding that the plaintiffs' claims were not well-grounded in fact or warranted by existing law after reasonable inquiry.
• 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
• Parker v. Dist. OF Columbia
  850 F.2d 708· D.C. Cir.· 1988-06-17 ·cited 8×
  The court affirmed the jury's verdict, holding that a municipality can be liable under 42 U.S.C. § 1983 for deliberate indifference to systemic and grossly inadequate training, discipline, and supervision of its officers, provided there is a causal connection to the harm suffered
• Williams v. Butler
  802 F.2d 296· 8th Cir.· 1986-09-26 ·cited 8×
  The City of Little Rock cannot be held liable for a judge's decision to fire an employee if the judge lacked final authority to establish municipal employment policy.
• Moye v. The City OF Raleigh
  503 F.2d 631· 4th Cir.· 1974-10-01 ·cited 8×
  The court held that federal courts should abstain from interfering with pending state criminal prosecutions, denying injunctive and declaratory relief, and dismissing damages claims without prejudice.
• Lehman v. The City OF Pittsburgh
  474 F.2d 21· 3d Cir.· 1973-02-21 ·cited 8×
  The court held that municipalities and their agencies are not 'persons' under 42 U.S.C. § 1983, but individual officials are. The equal protection claim regarding the durational residency ordinance requires further consideration.
• Sherrod v. Palm Beach Cnty. Sch. Dist.
  424 F. Supp. 2d 1341· S.D. Fla.· 2006-03-26 ·cited 7×
  The court held that the school district is not liable under § 1983 because the plaintiff failed to establish that the final policymakers (the school board) endorsed or were legally responsible for the superintendent's alleged retaliatory actions.
• Auriemma v. Rice
  957 F.2d 397· 7th Cir.· 1992-02-28 ·cited 7×
  A municipal official's final decision does not establish municipal policy if it violates existing local law or custom.
• Post v. City of Fort Lauderdale
  750 F. Supp. 1131· S.D. Fla.· 1990-11-15 ·cited 7×
  Municipal departments are not proper parties to a lawsuit; only the municipality itself can be sued.
• Cowart v. Duro
  2023 WL 5069482· M.D. Fla.· 2024-10-11 ·cited 6×
  The court held that the plaintiff's amended complaint contained numerous deficiencies, including failure to state a claim, improper citation of statutes, and claims barred by immunity doctrines, requiring a second amended complaint.
• Arenal v. City of Punta Gorda
  932 F. Supp. 1406· M.D. Fla.· 1996-07-17 ·cited 6×
  The court held that a suspension with pay can constitute an injury in fact for standing purposes and that a public employee's speech on matters of public concern, even if related to employment duties, can be protected by the First Amendment. The court also found that a municipali
• Colle v. Brazos Cnty.
  981 F.2d 237· 5th Cir.· 1993-01-20 ·cited 6×
  The court held that the notice of appeal was insufficient to confer jurisdiction over all plaintiffs, but that claims against the county and sheriff were adequately pleaded under § 1983.
• Ali v. City of Clearwater
  807 F. Supp. 701· M.D. Fla.· 1992-11-20 ·cited 6×
  The court held that a plaintiff need not exhaust administrative remedies under Section 504 of the Rehabilitation Act, but must do so under the Florida Human Rights Act. Claims under 42 U.S.C. § 1983 against a municipality require an allegation of policy or custom.
• McGEE v. Bauer
  956 F.2d 730· 7th Cir.· 1992-02-14 ·cited 6×
  The court affirmed the district court's decisions, holding that the plaintiff failed to preserve his JNOV motion against the Village and that the building inspector was entitled to qualified immunity.
• Barber v. City OF Salem
  953 F.2d 232· 6th Cir.· 1992-01-07 ·cited 6×
  The court held that the defendants were entitled to qualified immunity and that the City was not liable under § 1983 because the decedent's actions did not demonstrate a strong likelihood of suicide, thus not amounting to deliberate indifference to serious medical needs.
• Yerardi's Moody St. Rest. & Lounge, Inc. v. Bd. OF Selectmen OF THE Town OF Randolph
  932 F.2d 89· 1st Cir.· 1991-05-09 ·cited 6×
  The court held that the evidence of malicious intent was insufficient as a matter of law to support a jury's finding of an equal protection violation, rendering any instructional error harmless.
• Gentile v. The Cnty. OF Suffolk
  926 F.2d 142· 2d Cir.· 1991-02-11 ·cited 6×
  The dissenting judge argues that the jury's verdict was bizarre and inconsistent, and that the trial judge made numerous prejudicial errors regarding the admissibility of evidence and jury instructions.
• Praprotnik v. City OF ST. Louis
  879 F.2d 1573· 8th Cir.· 1989-06-21 ·cited 6×
  The court held that the plaintiff failed to establish municipal liability under 42 U.S.C. § 1983 because the supervisors responsible for his transfer and termination lacked final policymaking authority and there was no evidence of an unconstitutional municipal policy.
• Kinan v. City OF Brockton
  876 F.2d 1029· 1st Cir.· 1989-06-02 ·cited 6×
  The court affirmed the directed verdicts and jury findings, holding that the trial court did not err in excluding evidence, directing verdicts, or in its jury instructions.
• Samarzia v. Clark Cnty.
  859 F.2d 88· 9th Cir.· 1988-10-03 ·cited 6×
  The court held that a directed verdict was appropriate for the section 1983 due process claim due to lack of policymaker involvement, but reversed the directed verdict on the age discrimination claim, finding sufficient evidence of pretext for a jury to consider.
• Liffiton v. Keuker
  850 F.2d 73· 2d Cir.· 1988-06-21 ·cited 6×
  Prosecutors are entitled to absolute immunity for judicial acts but only qualified immunity for investigative acts, and municipal liability requires proof of a policy. Claims against the state, a justice, a prosecutor for investigative acts, the county, and bank employees were pr
• Steele v. VAN Buren Pub. Sch. Dist.
  845 F.2d 1492· 8th Cir.· 1988-05-06 ·cited 6×
  The court held that the school district violated the First Amendment's establishment clause by permitting teacher-led prayer at mandatory school functions, and the case was not moot despite the teacher ceasing the practice and one student graduating.
• Alioto v. City OF Shively
  835 F.2d 1173· 6th Cir.· 1987-12-29 ·cited 6×
  Police officers testifying before a grand jury are absolutely immune from liability for their testimony, and municipalities cannot be held liable under § 1983 on a respondeat superior theory.
• Milligan v. The City OF Newport News
  743 F.2d 227· 4th Cir.· 1984-09-19 ·cited 6×
  A municipality cannot be held liable under 42 U.S.C. § 1983 for the negligent acts of its employees unless those acts were taken pursuant to an official policy, practice, or custom of the municipality.
• Winnie Marchant v. City OF Little Rock
  741 F.2d 201· 8th Cir.· 1984-08-21 ·cited 6×