Respondeat Superior

2,254 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Akil Al-Jundi v. The Est. OF Nelson Rockefeller
  885 F.2d 1060· 2d Cir.· 1989-09-15 ·cited 10×
  The court held that Governor Rockefeller's limited involvement in the decision to retake the prison did not rise to the level of personal responsibility required for section 1983 liability, and that the Estate was entitled to qualified immunity.
• Cary Michael Lambrix v. Dugger
  547 So. 2d 1265· Fla. 1st DCA· 1989-08-22 ·cited 10×
  A prisoner sued prison officials for violating due process in a disciplinary hearing and claimed cruel and unusual punishment. The appellate court affirmed the dismissal as to the prison director (based on lack of direct liability) but reversed dismissals as to other defendants w
• Wilbur Hilst, M.D. v. Otis R. Bowen, M.D.
  874 F.2d 725· 10th Cir.· 1989-05-04 ·cited 10×
  A Bivens action for alleged due process violations is not available when Congress has provided meaningful safeguards or remedies, even if those remedies do not fully compensate for damages.
• 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.
• Doggett v. United States
  875 F.2d 684· 9th Cir.· 1988-10-03 ·cited 10×
  The court should not determine the applicability of the good Samaritan doctrine as a matter of law based solely on regulation adoption.
• Guccione v. United States
  847 F.2d 1031· 2d Cir.· 1988-05-26 ·cited 10×
  The court held that the Federal Tort Claims Act's intentional tort exception bars claims arising out of an FBI operative's intentional torts, even if framed as negligence, and that no independent affirmative duty was owed to the plaintiff.
• Nelson v. United States
  838 F.2d 1280· D.C. Cir.· 1988-02-05 ·cited 10×
  The court held that the government, as a landowner, breached its duty to maintain its property in a reasonably safe condition, affirming liability for a dog attack on a military base resident.
• Sheridan v. The United States
  823 F.2d 820· 4th Cir.· 1987-07-20 ·cited 10×
  The court held that claims arising from negligent supervision that leads to an assault by a government employee are barred by the Federal Tort Claims Act's intentional tort exception.
• 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.
• Kearney v. United States
  815 F.2d 535· 9th Cir.· 1987-04-17 ·cited 10×
  The government's own negligence in supervising a prisoner, which proximately caused a death, is not barred by the Federal Tort Claims Act's assault and battery exception, even if the injury involved an assault and battery.
• Verne Buhler v. Audio Leasing Corp.
  807 F.2d 833· 9th Cir.· 1987-01-06 ·cited 10×
  A broker-dealer is not a controlling person under federal securities laws if it lacked actual power or influence over the controlled person and did not culpably participate in the illegal activity.
• Smith v. Indus. Constructors, Inc.
  783 F.2d 1249· 5th Cir.· 1986-03-03 ·cited 10×
  The court held that prejudgment interest was not warranted on estimated lost earnings and that deducting estimated income taxes from future lost earnings awards is consistent with Mississippi law.
• Laird v. Shell OIL Co.
  770 F.2d 508· 5th Cir.· 1985-09-12 ·cited 10×
  The court held that a borrowed-servant issue not raised in the trial court cannot be considered on appeal, and that under Louisiana law, an indemnity claim fails if the complaint's allegations, if proven, would preclude coverage.
• Vanterpool v. Hess OIL V.I. Corp.
  766 F.2d 117· 3d Cir.· 1985-06-28 ·cited 10×
  The borrowed employee doctrine applies in the Virgin Islands, and an express waiver of common law rights by the borrowed employee is not required to establish the borrowing employer's immunity under the workers' compensation act.
• 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.
• Mullen v. Smith
  738 F.2d 317· 8th Cir.· 1984-07-05 ·cited 10×
  The court held that the plaintiff's allegations of cruel and unusual punishment by Oklahoma prison officials were sufficient to survive a motion to dismiss for failure to state a claim. However, claims against federal officials and those at the Springfield facility were properly
• Robinson v. Winn-Dixie Stores, Inc.
  447 So. 2d 1003· Fla. 4th DCA· 1984-03-28 ·cited 10×
  The court held that the trial court erred in directing out punitive damages and ordering remittitur, as there was sufficient evidence of corporate fault and the jury's award was not unreasonable.
• Rowland v. MAD River Local Sch. Dist.
  730 F.2d 444· 6th Cir.· 1984-03-22 ·cited 10×
  The court held that a school teacher's termination solely for stating her sexual preference, when that statement became a matter of public concern and was found by a jury to be the cause of termination, violates her First and Fourteenth Amendment rights.
• Hoston v. Silbert
  681 F.2d 876· D.C. Cir.· 1982-06-29 ·cited 10×
  The court held that the district court erred in dismissing the wrongful death action for lack of subject-matter jurisdiction under the FTCA, as the complaint alleged sufficient facts to establish jurisdiction.
• 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.
• Hughes v. Blankenship
  672 F.2d 403· 4th Cir.· 1982-03-03 ·cited 10×
  Police officers are not liable under 42 U.S.C. § 1983 for a shooting death if their actions were not taken pursuant to a government policy or custom, and they individually possess qualified immunity unless they acted with malicious intent or gross negligence.
• Melvin Greer, M.D. v. Mathews
  409 So. 2d 1105· Fla. 1st DCA· 1982-01-28 ·cited 10×
  The court held that the state's common law venue privilege does not extend to actions against state employees sued in their individual capacities, even when the state agency is also joined.
• Bottazzi v. Petroleum Helicopters, Inc.
  664 F.2d 49· 5th Cir.· 1981-12-14 ·cited 10×
  The court held that the consolidation of the plaintiff's two suits was proper and that sufficient evidence supported the trial court's finding of negligence against the engine manufacturer.
• Johnson v. Granholm
  662 F.2d 449· 6th Cir.· 1981-11-06 ·cited 10×
  Public officials performing quasi-judicial duties and prosecutors are immune from damages under 42 U.S.C. § 1983 for actions within their official scope. A municipal body is not liable for employee actions absent a policy or custom.
• Chacon v. Babcock
  640 F.2d 221· 9th Cir.· 1981-02-17 ·cited 10×
  The court held that it lacked appellate jurisdiction to hear the appeal because the district court's order granting summary judgment was a partial summary judgment that was not made final by a Rule 54(b) certification.
• Davis v. Knud-Hansen Mem'l Hosp.
  635 F.2d 179· 3d Cir.· 1980-10-09 ·cited 10×
  Government officers and employees are not granted blanket immunity for torts committed while acting in their official capacity under section 2(b) of the Revised Organic Act of the Virgin Islands.
• Ronni Alexander v. Yale Univ.
  631 F.2d 178· 2d Cir.· 1980-09-22 ·cited 10×
  The court held that four of the five plaintiffs lacked standing or their claims were moot, and the fifth plaintiff failed to prove her claim of sexual harassment, thus affirming the dismissal of all claims.
• 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.
• Hartford Accident & Indem. Co. & Royal Palm Beach Colony, Inc. v. Kellman
  375 So. 2d 26· Fla. 3d DCA· 1979-09-11 ·cited 10×
  This case concerns the priority of multiple insurance policies covering different legal identities of a tortfeasor, following a judgment for injured plaintiffs.
• Sportique Fashions, Inc. v. Sullivan
  597 F.2d 664· 9th Cir.· 1979-03-21 ·cited 10×
  The court held that individual Postal Service officials are not liable for damages due to lost or delayed mail, as plaintiffs failed to demonstrate negligence and the officials are protected by qualified immunity.
• Gonzales v. United States
  589 F.2d 465· 9th Cir.· 1979-01-12 ·cited 10×
  The court held that the trial court did not err in denying the amendment to add a respondeat superior claim and that the finding of no obvious intoxication was not clearly erroneous.
• Burton v. Diamond Sand & Stone Co. & Cont'l Ins. Co.
  327 So. 2d 95· Fla. 2d DCA· 1976-02-20 ·cited 10×
  The court held that the trial court erred by prematurely determining primary and secondary insurance coverage without first resolving the driver's employment status.
• Bird v. Ferry
  497 F.2d 112· 5th Cir.· 1974-07-11 ·cited 10×
  The court held that the broker was liable for losses due to the salesman's fraud and misuse of funds, and that the damages awarded were appropriate.
• Hwy. Constr. Co. v. Moses
  483 F.2d 812· 8th Cir.· 1973-09-05 ·cited 10×
  An employee personally negligent in causing an accident cannot seek indemnity from his employer under South Dakota law, even if the employer bears greater fault.
• Boettger v. Moore
  483 F.2d 86· 9th Cir.· 1973-07-31 ·cited 10×
  Higher city officials are not vicariously liable under 42 U.S.C. § 1983 for the acts of lower officials when state law does not impose such liability.
• State OF Or. v. TUG Go-Getter
  468 F.2d 1270· 9th Cir.· 1972-08-07 ·cited 10×
• Daughdrill v. Diamond M. Drilling Co.
  447 F.2d 781· 5th Cir.· 1971-07-09 ·cited 10×
• Nettles v. Florine Lindsey Thornton
  198 So. 2d 44· Fla. 1st DCA· 1967-04-25 ·cited 10×
  In this 1967 Florida appellate case, William Nettles appealed the dismissal of his amended complaint alleging that an employee of the Katz-owned lounge assaulted him while performing bar-closing duties. The court affirmed the dismissal, holding that alleging conduct occurred "in
• Hutchins v. City OF Hialeah
  196 So. 2d 741· Fla.· 1967-03-15 ·cited 10×
  The dismissal of the individual tort-feasor did not discharge the City, but recovery against the City cannot exceed the amount assessed against its employee.
• Bauer v. City OF Gulfport
  195 So. 2d 571· Fla. 2d DCA· 1967-02-08 ·cited 10×
  A municipal council, acting under a special charter provision granting it the power to appoint and remove city officers, is immune from suit for wrongful discharge and related torts, as such employees generally serve at the pleasure of the appointing authority.
• Saxon v. Warren E. Knowles & the City of Sanford
  185 So. 2d 194· Fla. 4th DCA· 1966-04-20 ·cited 10×
  Saxon Termite Control appeals dismissal of complaints alleging defamatory statements by a city manager acting in his official capacity. The court affirms dismissal based on the absolute privilege protecting executive government officials from liability for defamatory publications
• Paulyne B. McCALL v. United States
  338 F.2d 589· 9th Cir.· 1964-11-25 ·cited 10×
  The court held that a military member on leave, traveling in a private vehicle for personal reasons, is not acting within the scope of employment under the Federal Tort Claims Act, even if the travel is related to a duty exchange.
• Gallo v. Crocker
  321 F.2d 876· 5th Cir.· 1963-08-20 ·cited 10×
  The court held that the trial court erred in preventing the jury from considering joint liability between two defendants whose actions allegedly caused a single indivisible injury.
• Carney v. Pittsburgh & Lake Erie R.R. Co.
  316 F.2d 277· 3d Cir.· 1963-03-27 ·cited 10×
  The dissenting judge believes the YMCA was not an agent of the railroad under FELA, and therefore the railroad should not be liable for the YMCA's negligence.
• Monroe v. Pape
  272 F.2d 365· 7th Cir.· 1959-11-23 ·cited 10×
  The court held that the alleged misconduct of city police officers, even if true, does not state a claim under the Federal Civil Rights Act for which relief can be granted.
• ST. Paul Fire & Marine Ins. Co. v. Cunningham
  257 F.2d 731· 9th Cir.· 1958-06-26 ·cited 10×
  The court held that an employer's action to recoup losses from a negligent employee accrues when the employer ascertains its loss, not when the accident occurs.
• Althea G. Williams v. United States
  248 F.2d 492· 9th Cir.· 1957-09-26 ·cited 10×
  The court held that a serviceman driving a military vehicle for personal recreation, in violation of army regulations and without authorization from superiors, was not acting within the scope of his employment, and therefore the United States was not vicariously liable under the
• MacCURDY v. United States
  246 F.2d 67· 5th Cir.· 1957-06-24 ·cited 10×
  The court held that under Florida's dangerous instrumentality doctrine, the negligence of the driver Mock was imputable to the owner MacCurdy, barring his recovery.
• Murray de Ronde v. Gaytime Shops, Inc.
  239 F.2d 735· 2d Cir.· 1956-12-07 ·cited 10×
• S. Ry. Co. v. Jones
  228 F.2d 203· 6th Cir.· 1955-12-17 ·cited 10×
  The court held that there was sufficient evidence to submit to the jury the question of whether the employee acted within the scope of his actual or apparent authority, and that the railroad could be liable for furnishing defective cars.