BAILEY

v.

PENNSYLVANIA

Citator

Cited By (48 total)

• Busby v. City OF Orlando, 931 F.2d 764 (11th Cir. 1991)
  …plaintiff must establish that the alleged racial discrimination or harassment occurred pursuant to a custom or policy of the municipality. Id. at 694, 98 S.Ct. at 2037; Gilmere v. City of Atlanta, 774 F. 2d 1495, 1503 (11th Cir. 1985), cert. denied, 476 U.S. 1115, 106 S.Ct. 1970, 90 L.Ed.2d 654 (1986); Hearn, 688 F. 2d at 1334. Because suits against a municipal officer sued in his official capacity and direct suits against municipalities are functionally equivalent, there no longer exists a need to bring of…
• Greenbriar, Ltd. v. City OF Alabaster, 881 F.2d 1570 (11th Cir. 1989)
  …f a prisoner is alleged, " '[i]n determining whether the constitutional line has been crossed, a court must look to such factors as ... [listing factors]_'” Gilmere v. City of Atlanta, 774 F. 2d 1495, 1500-01 (11th Cir.1985) (en banc), cert. denied, 476 U.S. 1115, 106 S.Ct. 1970, 90 L.Ed.2d 654 (1986), quoting Johnson v. Glick, 481 F. 2d 1028, 1033 (2d Cir.), cert. denied, 414 U.S. 1033, 94 S.Ct. 462, 38 L.Ed.2d 324 (1973) (emphasis added). To be sure, it is proper for the jury to make subsidiary fact findi…
• Millard McKINNEY v. Pate, 20 F.3d 1550 (11th Cir. 1994)
  …Ed. 183 (1952). The Rochin standard has no place in a civil case for money damages. See, e.g., Gilmere v. City of Atlanta, 774 F. 2d 1495, 1511 n. 21 (11th Cir.1985) (en banc) (Tjoflat, J., concurring in part and dissenting in part), cert. denied, 476 U.S. 1115, 106 S.Ct. 1970, 90 L.Ed.2d 654 (1986). 1068 In Rochin, a convicted defendant claimed that his right to a fair trial was violated because improperly seized evidence-evidence seized in a fashion that would "shock the ccinscience"-was admitted at tria…