Michael Jamie Fundiller and Rae Winder Fundiller, His Wife, Plaintiffs v. The City of Cooper City, a Municipal Corp.

How courts have described this case

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

• reversing dismissal where “persistent failure to take disciplinary action against [a subordinate]” supported “the inference that a municipality has ratified conduct, thereby establishing a ‘custom’ within the meaning of Monell”
• supervisor “failed to take corrective steps although he was aware of police use of unlawful, excessive force”
• “[A] persistent failure to take disciplinary action against officers can give rise to the inference that a municipality has ratified conduct, thereby establishing a ‘custom’ within the meaning of Monell.”
• “[A]Jn officer who is present at the scene and who fails to take reasonable steps to protect the victim of another officer’s use of excessive force... can be held liable for his nonfeasance.”
• “an officer who is present at the scene and who fails to take reasonable steps to protect the victim of another officer’s use of excessive force, can be held liable for his nonfeasance”
• allegations stated a claim against public safety director for supervisory liability where he was responsible for setting policy and disciplining officers and failed to take corrective steps even though he was aware of use of excessive force

Source: CourtListener parenthetical corpus (CC0).