Cruz v. MIAMI DADE COUNTY
1:24-cv-23132
S.D. Fla.Apr 29, 2025Background
- Plaintiff, Luigi Cruz, alleges he was subjected to excessive force by corrections officers while handcuffed during a “shakedown” at Metro West Detention Center in Miami-Dade County.
- Cruz claims certain officers directly assaulted him, while others witnessed the beating but did not intervene.
- Cruz's Second Amended Complaint includes federal civil rights and state law tort claims, and targets the County and several individual officers.
- Defendants moved to dismiss five claims: failure to intervene, failure to protect (Monell), negligent retention, negligent training, and Monell liability.
- The case is at the motion to dismiss stage, with facts assumed in plaintiff’s favor, and comes as a report and recommendation from the magistrate judge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to Intervene | Officers saw beating, had time and opportunity to intervene | Presence alone is insufficient; no facts pled to show opportunity to intervene | Denied dismissal – plausible claim stated |
| Failure to Protect & Monell | County has custom tolerating excessive force, based on prior incidents | No sufficient pattern/practice shown; prior incidents are vague and isolated | Granted dismissal without prejudice – insufficient detail |
| Negligent Retention | Claim pled in alternative; officers could be outside scope | Florida law requires conduct outside employment scope; here, pled within scope | Granted dismissal without prejudice |
| Negligent Training | County failed to train on de-escalation and non-excessive force | Claims about training content are discretionary, barred by sovereign immunity | Granted dismissal without prejudice |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (establishing facial plausibility standard for pleadings)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (setting the pleadings standard for plausibility)
- Monell v. Dept. of Social Servs., 436 U.S. 658 (1978) (municipal liability under § 1983 requires policy or custom)
- Ensley v. Soper, 142 F.3d 1402 (11th Cir. 1998) (officer liability for failing to intervene in constitutional violations)