Respondeat Superior

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

• Carter v. Carlson
  447 F.2d 358· D.C. Cir.· 1971-07-23 ·cited 108×
  The court held that supervisory officials are not absolutely immune from suit under 42 U.S.C. § 1983, and that the District of Columbia should share liability for police misconduct.
• Williams v. Walker D. Hines
  80 Fla. 690· Fla.· 1920-11-22 ·cited 106×
  Henry Williams sued the Director General of Railroads for injuries sustained when a train struck his passenger train. The jury found for Williams against the Director General but exonerated the engineer employee. The trial court entered judgment for the Director General, and the
• Donnie E. Spinks v. Chevron OIL Co. & Barge Facilities, Inc.
  507 F.2d 216· 5th Cir.· 1975-01-27 ·cited 105×
  The court held that an employer's negligence need only be a contributing cause, not the sole proximate cause, of an injury to establish liability under the Jones Act. It also held that a seaman can have more than one Jones Act employer.
• Am. Home Assurance Co. v. Nat'l R.R. Passenger Corp.
  908 So. 2d 459· Fla.· 2005-07-07 ·cited 103×
  The Florida Supreme Court answered four certified questions from the Eleventh Circuit regarding comparative fault apportionment to vicariously liable parties and the enforceability of municipal indemnification agreements under Florida sovereign immunity law. The Court held that c
• Mathas Brown v. City OF Fort Lauderdale
  923 F.2d 1474· 11th Cir.· 1991-02-19 ·cited 103×
  The court held that the plaintiff's allegations were sufficient to withstand a motion to dismiss for claims against the individual defendants based on qualified immunity and against the City for municipal liability under § 1983, and that § 1983 provides the exclusive remedy for §
• Greason v. Kemp
  891 F.2d 829· 11th Cir.· 1990-01-09 ·cited 102×
  The court held that the defendants are immune from damages because the law was not clearly established in 1985 that discontinuing psychotropic drugs under the given circumstances amounted to deliberate indifference violating the Eighth Amendment.
• Ronda C. Weinstock, PH.D. v. Groth
  629 So. 2d 835· Fla.· 1993-12-23 ·cited 101×
  The Florida Supreme Court held that licensed clinical psychologists are not "health care providers" under Florida's Comprehensive Medical Malpractice Reform Act of 1985, and therefore plaintiffs suing psychologists need not comply with the Act's presuit notice requirements. The C
• Black v. Stephens
  662 F.2d 181· 3d Cir.· 1981-09-28 ·cited 101×
  The court held that there was sufficient evidence to sustain the jury's findings of liability and damages against the police detective, police chief, and city for constitutional violations under section 1983, and that no errors occurred requiring a new trial.
• Lancaster v. Norfolk & W. Ry. Co.
  773 F.2d 807· 7th Cir.· 1985-09-16 ·cited 100×
  The Federal Employers' Liability Act (FELA) applies to intentional torts involving physical contact or threat, and the Railway Labor Act (RLA) does not preempt such claims if they are not primarily employment disputes. Employer liability for intentional torts under FELA is determ
• Baskin v. Parker
  602 F.2d 1205· 5th Cir.· 1979-09-24 ·cited 100×
  The court held that Section 1983 does not preclude the incorporation of state law remedies, including vicarious liability, for the deprivation of civil rights.
• Cenco Inc. v. Seidman & Seidman
  686 F.2d 449· 7th Cir.· 1982-03-26 ·cited 99×
  The court held that a corporation cannot shift the entire responsibility for fraud perpetrated by its top management for the company's benefit onto its auditors, and that auditors lack standing under RICO to sue for damages when used as a tool of the criminal enterprise.
• Henley v. Payne
  945 F.3d 1320· 11th Cir.· 2019-12-30 ·cited 97×
  The Eleventh Circuit held that Heck v. Humphrey does not bar a § 1983 false arrest claim when the underlying criminal charge was dismissed, not invalidated, and does not share common elements with unrelated convictions. The court also found that a false imprisonment claim can lie
• Bennett v. Garrison A. Parker
  898 F.2d 1530· 11th Cir.· 1990-04-25 ·cited 96×
  Denial of a motion for summary judgment based on qualified immunity is an appealable final decision under 28 U.S.C. § 1291 to the extent it turns on an issue of law, regardless of factual disputes.
• Hearn v. The City OF Gainesville & Richard C. Corriveau
  688 F.2d 1328· 11th Cir.· 1982-10-12 ·cited 95×
  The court held that while the employee had a property interest in his job and the supervisor's actions constituted a due process violation, the city was not liable because the supervisor's actions did not represent official policy and the city commission exercised final authority
• Bowen v. Watkins
  669 F.2d 979· 5th Cir.· 1982-03-08 ·cited 95×
  The court held that the Chief of Police's decision not to promote plaintiffs was substantially motivated by their protected speech and filing of a lawsuit, but affirmed the trial court's finding for other individual defendants. The case is remanded for further determination on wh
• Lolita Parker v. Williams
  862 F.2d 1471· 11th Cir.· 1989-01-11 ·cited 94×
  The court held that the district court erred in applying collateral estoppel to prevent litigation of the rape's occurrence and that the sheriff and county are immune from state tort liability. However, the county may be liable under § 1983 for the sheriff's hiring policy.
• Josephina Duchesne as Administratrix of the Estate of Pauline Perez v. Jule M. Sugarman
  566 F.2d 817· 2d Cir.· 1977-09-28 ·cited 94×
  The court held that the prolonged retention of children without parental consent or prompt judicial ratification, despite repeated requests for their return, violated the mother's and children's due process rights.
• Orefice v. Albert
  237 So. 2d 142· Fla.· 1970-07-01 ·cited 94×
  The Florida Supreme Court held that an airplane is a dangerous instrumentality under Florida law, and the non-negligent co-owner of such an instrumentality may be held vicariously liable for negligent operation by another co-owner. The Court reversed the dismissal of the minor vi
• Weber v. Porco
  100 So. 2d 146· Fla.· 1958-01-29 ·cited 94×
  This case addresses whether a wife who owns an automobile is bound by the contributory negligence of her husband while driving it, and whether genuine factual disputes about an intersection collision preclude summary judgment. The Florida Supreme Court reversed the trial court's
• Holstun & Son v. Embry
  124 Fla. 554· Fla.· 1936-03-25 ·cited 94×
  In this wrongful death action brought by a minor child for the death of his father, the Florida Supreme Court affirmed a jury verdict holding the employer liable for supplying a defective motor truck (with steering gear and axle defects) to an employee-driver who was killed when
• Huddell v. Levin
  537 F.2d 726· 3d Cir.· 1976-05-05 ·cited 93×
  The concurring judge believes the burden of apportioning damages should shift to the defendants when a plaintiff cannot reasonably do so, especially in cases involving concurrent tortfeasors and enhanced injuries from a defective product.
• The City Nat'l Bank OF Fort Smith v. Ilo Vanderboom
  422 F.2d 221· 8th Cir.· 1970-02-20 ·cited 92×
  The court held that the investors lacked standing to bring a Rule 10b-5 counterclaim because they were not purchasers or sellers of securities, and the bank's actions did not fall within the statutory coverage of Section 10(b).
• Nw. Nat'l Cas. Co. of Milwaukee v. McNULTY
  307 F.2d 432· 5th Cir.· 1962-08-21 ·cited 92×
  The court concurred in the result but questioned the use of 'punitive damages' as a public policy standard, suggesting that the nature of the wrongdoer's conduct, rather than the type of damages awarded, should determine the insurability of liability.
• Bryant v. CEO DeKALB Co. Vernon Jones
  575 F.3d 1281· 11th Cir.· 2009-07-31 ·cited 90×
  The Eleventh Circuit affirmed the district court's denial of qualified immunity for claims of racial discrimination and constructive discharge, finding sufficient evidence of a hostile work environment and intolerable conditions forcing resignation. However, the court reversed th
• United States v. Carroll Towing Co., Inc.
  159 F.2d 169· 2d Cir.· 1947-01-09 ·cited 90×
  The court held that the owner of a barge is liable for damages resulting from its sinking if the bargee's prolonged absence without excuse during working hours contributed to the loss, and that the owner of the tug whose employee's actions led to the barge breaking free is also l
• Steele v. Offshore Shipbuilding, Inc.
  867 F.2d 1311· 11th Cir.· 1989-03-15 ·cited 89×
  The court held that an employer is not liable for a supervisor's hostile environment sexual harassment if it takes prompt remedial action, and that a claim for invasion of privacy requires sufficient publication.
• Fundiller v. The City OF Cooper City
  777 F.2d 1436· 11th Cir.· 1985-12-11 ·cited 89×
  The court held that the plaintiff stated claims for substantive due process violations under 42 U.S.C. § 1983 against individual officers and the municipality, and that the district court erred in dismissing these claims.
• Colburn v. Upper Darby Twp.
  838 F.2d 663· 3d Cir.· 1988-01-26 ·cited 88×
  The dissenting judge argues that allegations of gross negligence or deliberate indifference are insufficient to sustain a due process § 1983 claim, which requires pleading intentional action, abuse of power, or actions tantamount to intent.
• Clark v. Taylor
  710 F.2d 4· 1st Cir.· 1983-06-17 ·cited 88×
  The court held that there was sufficient evidence to support the jury's verdicts against the individual defendants for constitutional and state law violations, but that the district court erred in exercising pendent jurisdiction over the State of Rhode Island.
• Nat'l MFG. Co. v. United States
  210 F.2d 263· 8th Cir.· 1954-02-08 ·cited 88×
  The court held that the United States is not liable for damages arising from floods or flood waters under 33 U.S.C.A. § 702c, and also not liable for inaccuracies in the dissemination of public information under the Federal Tort Claims Act.
• VIC Potamkin Chevrolet, Inc. v. Bloom
  386 So. 2d 286· Fla. 3d DCA· 1980-07-15 ·cited 87×
  Vic Potamkin Chevrolet and its agents appealed an order denying their motion to compel arbitration of a fraud and deceit claim arising from a vehicle purchase. The court held that the broad arbitration clause in the purchase agreement encompassed the fraud claim and that the part
• Taylor v. M. M. (Hoot) Gibson
  529 F.2d 709· 5th Cir.· 1976-04-01 ·cited 87×
  A pro se prisoner's civil rights complaint, even if alleging facts that seem unlikely, should not be dismissed under the in forma pauperis statute unless it appears beyond doubt that the prisoner could prove no set of facts entitling him to relief.
• Roberts v. Columbus Williams
  456 F.2d 819· 5th Cir.· 1971-04-01 ·cited 87×
  The court affirmed the judgment based on a pendent state tort claim, modifying its opinion to remove reliance on the Eighth Amendment.
• Columbia BY THE SEA, Inc. v. Petty
  157 So. 2d 190· Fla. 2d DCA· 1963-10-16 ·cited 87×
  Columbia by the Sea, Inc. appeals a jury verdict awarding compensatory and punitive damages for an assault committed by its employee (maitre d') against a customer who disputed a restaurant bill charge. The court affirms, holding that whether the employee acted within the scope o
• Morrison v. Wash. Cnty.
  700 F.2d 678· 11th Cir.· 1983-03-17 ·cited 85×
  The court held that summary judgment was improperly granted for the hospital, doctor, county, commissioners, and sheriff, as genuine issues of material fact remained regarding their liability under federal and state law. The exclusion of expert testimony was also deemed erroneous
• Landrigan v. City OF Warwick
  628 F.2d 736· 1st Cir.· 1980-08-27 ·cited 85×
  The court held that a § 1983 claim for false arrest must be stayed pending resolution of the related state criminal charge, and that municipalities cannot be held liable under § 1983 solely on a respondeat superior theory.
• Mallory v. O'Neil
  69 So. 2d 313· Fla.· 1954-01-05 ·cited 85×
  Mallory appeals from dismissal of her complaint alleging that O'Neil, an apartment house owner, is liable for injuries she sustained when shot by his caretaker and agent, Hazelhurst. The Florida Supreme Court reverses in part, holding that while a claim for ratification of the cr
• Languirand v. Hayden
  717 F.2d 220· 5th Cir.· 1983-10-17 ·cited 84×
• Cauley v. City OF Jacksonville
  403 So. 2d 379· Fla.· 1981-07-16 ·cited 84×
  The Florida Supreme Court upheld the constitutionality of section 768.28(5), which caps tort damages against municipalities at $50,000 per person and $100,000 per incident. The court held that the statutory limitation does not violate access to courts, due process, equal protecti
• Donesta S. LAY and Larry R. Lay v. Roux Labs., Inc.
  379 So. 2d 451· Fla. 1st DCA· 1980-02-06 ·cited 84×
  The court held that the complaint failed to state a cause of action for intentional infliction of emotional distress, but sufficiently alleged employer liability for an employee's tort committed within the scope of employment.
• McCLELLAND v. Facteau
  610 F.2d 693· 10th Cir.· 1979-11-19 ·cited 83×
  Summary judgment for police chiefs on failure to train/supervise claims was inappropriate because a genuine issue of material fact existed regarding whether they had sufficient notice of prior misconduct and failed to act.
• Sparks v. Pilot Freight Carriers, Inc.
  830 F.2d 1554· 11th Cir.· 1987-10-20 ·cited 82×
  The court should not have granted summary judgment for tangible detriment claims, and the majority opinion adopts a controversial standard for workplace environment discrimination.
• Arline M. Soderbeck v. Burnett Cnty.
  752 F.2d 285· 7th Cir.· 1985-01-04 ·cited 82×
  The court held that a jury could find a public employee was wrongfully terminated for political reasons, but punitive damages require a showing of actual knowledge of violating rights, not just reckless indifference. The court also found the county could be liable for its own pol
• Bryan v. Jones
  530 F.2d 1210· 5th Cir.· 1976-04-30 ·cited 82×
• Kostka v. Hogg
  560 F.2d 37· 1st Cir.· 1977-08-04 ·cited 81×
  Federal courts should not infer a right of action for damages against political subdivisions for constitutional violations by their employees, as this is inconsistent with the interpretation of 42 U.S.C. § 1983 and not constitutionally compelled.
• Powe v. The City OF Chicago
  664 F.2d 639· 7th Cir.· 1981-11-04 ·cited 80×
  The court held that the complaint adequately alleged that the arrest warrant was constitutionally defective for failing to satisfy the Fourth Amendment's particularity requirement, and thus the district court erred in relying on Baker v. McCollan to dismiss the section 1983 claim
• Curtis v. Angus Russell Everette
  489 F.2d 516· 3d Cir.· 1973-12-17 ·cited 80×
  The court held that a prisoner's complaint alleging intentional conduct by prison officials leading to an assault states a claim under 42 U.S.C. § 1983, and that a state law claim against another prisoner can be heard under the doctrine of pendent jurisdiction.
• Hampton v. Holmesburg Prison Officials. Appeal of Richard Burk
  546 F.2d 1077· 3d Cir.· 1976-12-28 ·cited 79×
  A prisoner's claim of denial of medical care rises to a constitutional violation under 42 U.S.C. § 1983 only if it demonstrates deliberate indifference to serious medical needs, not mere negligence or malpractice. The plaintiff failed to prove such deliberate indifference.
• J.R. Reddish & the Dep't of Corr. of the State of Fla. v. Smith
  468 So. 2d 929· Fla.· 1985-04-04 ·cited 77×
  The Florida Supreme Court held that decisions regarding inmate classification and assignment are discretionary governmental functions protected by sovereign immunity, and that even if Reddish acted in bad faith, the causal connection between his actions and the plaintiff's injuri
• Hays v. Jefferson Cnty.
  668 F.2d 869· 6th Cir.· 1982-01-04 ·cited 77×
  The dissenting judges argue that the panel decision incorrectly applies standards for municipal liability under 42 U.S.C. § 1983 and the Fourteenth Amendment, particularly regarding 'failure to train' and the 'policy or custom' requirement.