Guerra v. City of Miami Beach

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a plaintiff- appellant’s failure to respond, in a reply brief, to the answering brief’s claim-specific arguments for dismissal of one particular cause of action against one defendant amounted to an “abandonment” of that particular claim
• “Going forward, the line that courts and governments must draw between the permissible and the impermissible has to accord with history and faithfully reflect the understanding of the Founding Fathers.” (internal quotation marks and citation omitted)
• “Under Monell, plaintiffs 18 suing a municipal entity for damages under 42 U.S.C. § 1983 ‘must show that their injury was 19 caused by a municipal policy or custom.’”
• failure to respond to arguments in reply brief deemed abandonment of claim on appeal
• “Plaintiffs cannot allege a widespread practice or custom based on isolated or sporadic incidents; [liability] must be founded upon practices of sufficient duration, frequency and consistency that the conduct has become a traditional method of carrying out policy.”
• “[A plaintiff] cannot allege a widespread practice or custom based on isolated or sporadic incidents; [liability] must be founded upon practices of sufficient duration, frequency and consistency that the conduct has become a traditional method of carrying out policy.”

Source: CourtListener parenthetical corpus (CC0).