42 U.S.C. § 1983

12,666 Florida cases classified under this topic, plus 447 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Bonner v. City OF Prichard
  661 F.2d 1206· 11th Cir.· 1981-11-03 ·cited 7428×
  The Eleventh Circuit adopts the precedent of the former Fifth Circuit as binding law for the new circuit, and reverses the dismissal of a prisoner's civil rights claim, finding the grounds for dismissal inadequate.
• Norman v. The Hous. Auth. OF the City OF Montgomery
  836 F.2d 1292· 11th Cir.· 1988-02-01 ·cited 730×
  The court held that a subsequent order terminating litigation cures a premature notice of appeal from an order regarding attorney's fees, and that the lodestar approach, calculated by reasonable hours multiplied by a reasonable hourly rate, is the presumptive method for determini
• Australia Johnson v. Glick
  481 F.2d 1028· 2d Cir.· 1973-06-29 ·cited 547×
  The court held that a single, isolated incident of alleged unnecessary force by a prison guard does not rise to the level of a constitutional deprivation actionable under 42 U.S.C. § 1983.
• Sostre v. McGINNIS
  442 F.2d 178· 2d Cir.· 1971-02-24 ·cited 316×
• Darring v. Kincheloe
  783 F.2d 874· 9th Cir.· 1986-02-24 ·cited 289×
  The court held that the inmate's claims for injunctive relief and damages were properly dismissed because they were moot or failed to satisfy the 'case or controversy' requirement of Article III.
• Marsh v. Butler Cnty.
  268 F.3d 1014· 11th Cir.· 2001-09-26 ·cited 287×
  The Eleventh Circuit reversed the district court's grant of qualified immunity to the Sheriff regarding the abandonment of Owens, finding that the allegations, when reasonably inferred, suggested the deputy acted pursuant to the Sheriff's custom or policy. However, the court affi
• Zatler v. Louie L. Wainwright
  802 F.2d 397· 11th Cir.· 1986-10-17 ·cited 281×
  The dissenting judge believes the district court prematurely ruled on summary judgment, preventing a trial on the merits of the plaintiff's claims.
• Busby v. City OF Orlando
  931 F.2d 764· 11th Cir.· 1991-05-17 ·cited 266×
• Ancata v. Prison Health Servs., Inc.
  769 F.2d 700· 11th Cir.· 1985-08-26 ·cited 257×
  The court held that the complaint sufficiently alleged a claim of deliberate indifference to serious medical needs against the medical defendants and that dismissal of claims against the non-medical defendants based solely on respondeat superior was improper, reversing the distri
• Hahn v. Sargent
  523 F.2d 461· 1st Cir.· 1975-09-18 ·cited 255×
  The court affirmed the district court's dismissal of claims under 42 U.S.C. §§ 1983, 1985(2), 1985(3), and 1986, finding no genuine issue of material fact to defeat summary judgment.
• Hobson v. Wilson
  737 F.2d 1· D.C. Cir.· 1984-06-08 ·cited 237×
  The court held that the District of Columbia and its employees can be sued under 42 U.S.C. § 1985(3), and that certain claims against FBI defendants were barred by the statute of limitations, while others against MPD defendants and the District lacked sufficient evidence.
• Nazareth Gates v. Collier
  501 F.2d 1291· 5th Cir.· 1974-09-20 ·cited 232×
  The court held that the district court did not err in ordering prison renovations and administrative reforms, as the state conceded the unconstitutionality of the conditions and the relief was necessary to meet constitutional standards.
• Eastway Constr. Corp. v. The City OF NEW York
  762 F.2d 243· 2d Cir.· 1985-05-21 ·cited 223×
  The court held that the district court erred in denying the municipal defendants' motion for attorneys' fees incurred in defending against Eastway's civil rights claim, as the claim was unreasonable and groundless.
• Ferguson v. Thomas
  430 F.2d 852· 5th Cir.· 1970-06-23 ·cited 221×
• Greenbriar, Ltd. v. City OF Alabaster
  881 F.2d 1570· 11th Cir.· 1989-09-01 ·cited 219×
  The court held that the City's denial of the rezoning request was not arbitrary and capricious, and therefore did not violate substantive due process. The decision was final and ripe for adjudication.
• Lewis v. Smith
  855 F.2d 736· 11th Cir.· 1988-09-19 ·cited 217×
  The court held that prison officials were not entitled to qualified immunity and that a compensatory damage award for a procedural due process violation was appropriate.
• Ruiz v. Estelle
  679 F.2d 1115· 5th Cir.· 1982-06-23 ·cited 216×
  The court held that while the district court correctly found constitutional violations regarding cruel and unusual punishment and due process, some of its remedial measures were overly broad and improperly considered state law. The court affirmed the district court's findings on
• Jurldine A. Donaldson v. Clark
  819 F.2d 1551· 11th Cir.· 1987-06-24 ·cited 210×
  The court reversed the district court's judgment, finding that the attorney should not be subject to Rule 11 sanctions given the precedent set in Dykes v. Hosemann.
• Jones v. Diamond
  636 F.2d 1364· 5th Cir.· 1981-01-29 ·cited 208×
  The court held that the district court's grant of injunctive relief was appropriate, and that while circumstances had changed, the record did not show a total change warranting dismissal or reversal of the relief.
• Familias Unidas v. Dolph Briscoe
  619 F.2d 391· 5th Cir.· 1980-06-18 ·cited 206×
  The court held that Texas Education Code § 4.28 is facially unconstitutional because it sweeps too broadly and infringes upon First Amendment rights of association and privacy. While actual damages were not proven, nominal damages are awarded for the infringement.
• Dr. Robert E. Whiting, Ph.D. v. Jackson State Univ. & John A. Peoples
  616 F.2d 116· 5th Cir.· 1980-04-28 ·cited 203×
  The court held that sufficient evidence supported the jury's finding of racial discrimination, affirming the award of back pay, interest, and costs, but remanded the attorney fee award for lack of articulated reasoning.
• Clemons v. Dougherty Cnty.
  684 F.2d 1365· 11th Cir.· 1982-09-07 ·cited 202×
  The court held that the district court erred in granting summary judgment on the plaintiff's First Amendment claim, finding a genuine issue of material fact regarding whether his protected speech was a motivating factor in his discharge. The court also reversed summary judgment o
• Fidel Ramos v. The Honorable Richard D. Lamm
  639 F.2d 559· 10th Cir.· 1980-09-25 ·cited 201×
  The court denied petitions for rehearing and a suggestion for rehearing en banc, modifying its prior opinion to remove reliance on disputed stipulations. The court also awarded plaintiffs 75% of their costs.
• Quinn v. Syracuse Model Neighborhood Corp.
  613 F.2d 438· 2d Cir.· 1980-01-08 ·cited 199×
  The court affirmed in part and reversed in part a workers' compensation order awarding benefits to a claimant who suffered two distinct back injuries while employed by different entities.
• United Hous. Found., Inc. v. Forman
  W.D. Pa.· 1975-06-16 ·cited 199×
  The dissenting justices would hold that the interests purchased by Co-op City residents constitute 'securities' under federal law, both as 'stock' and as 'investment contracts'.
• Fullman v. Graddick
  739 F.2d 553· 11th Cir.· 1984-08-20 ·cited 188×
  The court affirmed the dismissal of the plaintiff's civil rights claims, finding that most allegations were either barred by immunity doctrines, failed to state a claim due to vagueness and conclusory nature, or were unsupported by specific facts.
• Charles v. Shillingford
  634 F.2d 263· 5th Cir.· 1981-01-15 ·cited 188×
  Physical abuse by a state officer that is sufficiently severe, disproportionate to the need, and inspired by malice constitutes a deprivation of constitutional rights actionable under 42 U.S.C. § 1983.
• Iberia Hampton v. Hanrahan
  600 F.2d 600· 7th Cir.· 1979-04-23 ·cited 187×
  The court holds that a jury could sustain a verdict for plaintiffs on one or more theories of liability, but recovery for damages from the raid requires the unlawful raid or excessive force to be within the objects of a conspiracy. Damages for reputational injury alone are not re
• Birdie Mae Davis v. Bd. OF Sch. Comm'rs OF Mobile Cnty.
  517 F.2d 1044· 5th Cir.· 1975-08-21 ·cited 187×
  The court held that motions to disqualify a judge based on alleged bias against counsel, rather than directly against the party, and based on judicial conduct rather than extra-judicial conduct, are insufficient grounds for disqualification under 28 U.S.C. § 144 and § 455.
• Millard McKINNEY v. Pate
  20 F.3d 1550· 11th Cir.· 1994-05-05 ·cited 186×·via 42 U.S.C. § 1983 Liability
  The Eleventh Circuit held that a government employee with a state-created property interest in employment who alleges pretextual termination states only a procedural due process claim, not a substantive due process claim, under the Fourteenth Amendment. The court overruled ten ye
• Whirl v. C. V. (Buster) Kern & Fid. & Deposit Co. of Md.
  407 F.2d 781· 5th Cir.· 1968-12-30 ·cited 185×
• Corbitt v. Vickers
  929 F.3d 1304· 11th Cir.· 2019-07-10 ·cited 184×
  Deputy Sheriff Michael Vickers fired twice at a family dog during an arrest operation on the plaintiff's property, with the second shot accidentally striking the plaintiff's ten-year-old child in the knee. The Eleventh Circuit held that Vickers was entitled to qualified immunity
• Adolph G. Hoffman v. Halden
  268 F.2d 280· 9th Cir.· 1959-05-28 ·cited 184×
  The court held that the second amended complaint sufficiently stated a cause of action under the Civil Rights Act, and that the district court had jurisdiction. The court also addressed the elements of conspiracy claims under various Civil Rights statutes and the role of overt ac
• Reiyn Keohane v. Fla. Dep't of Corr. Sec'y
  952 F.3d 1257· 11th Cir.· 2020-03-11 ·cited 182×
  A transgender inmate serving a 15-year sentence challenged Florida Department of Corrections policies denying her hormone therapy and social-transitioning accommodations (female clothing and grooming) as violations of the Eighth Amendment prohibition on cruel and unusual punishme
• Bochese v. Town OF Ponce Inlet
  405 F.3d 964· 11th Cir.· 2005-04-07 ·cited 179×
  Alfred Bóchese, a residential property owner in Ponce Inlet, Florida, sued the Town under 42 U.S.C. § 1983 challenging the Town's rescission of a development agreement amendment that had rezoned his oceanfront lot from T-1 to Planned Unit Development (PUD) status. Bóchese claimed
• Gilmere v. City OF Atlanta
  774 F.2d 1495· 11th Cir.· 1985-10-15 ·cited 178×
  The existence of a state statute providing redress does not automatically insulate a wrongdoer from a federal § 1983 claim if the state remedy is not adequate in fact.
• Basista v. Weir
  340 F.2d 74· 3d Cir.· 1965-01-08 ·cited 178×
  The court held that the trial court erred in granting a directed verdict for the defendant and in its jury instructions, and that a cause of action under the Civil Rights Act was properly stated and potentially proven.
• Knighton v. Watkins
  616 F.2d 795· 5th Cir.· 1980-05-07 ·cited 174×
  Attorney's fees were warranted under 42 U.S.C. § 1988, but the trial court's award was inadequate and improperly calculated. The court vacated the award and remanded for redetermination.
• Morrow v. Dillard
  580 F.2d 1284· 5th Cir.· 1978-09-29 ·cited 174×
  The court held that the doctrine of law of the case precluded reconsideration of the constitutionality of affirmative hiring relief, and that the district court did not abuse its discretion in ordering such relief. The court also found that the district court erred in denying att
• Junior Ray Duckworth v. Franzen
  780 F.2d 645· 7th Cir.· 1985-12-17 ·cited 171×
  The court held that the defendants' conduct, even if negligent, did not rise to the level of deliberate indifference or recklessness required to constitute cruel and unusual punishment under the Eighth Amendment.
• Rich v. Dollar
  841 F.2d 1558· 11th Cir.· 1988-04-15 ·cited 170×
  The denial of a claim of qualified immunity is an appealable final decision if it turns on an issue of law, and the court held that the defendant investigator was entitled to qualified immunity as a matter of law.
• Carter v. Gallagher
  452 F.2d 315· 8th Cir.· 1971-09-09 ·cited 170×
• Oather Jefferson Samples and Barbara Jackson v. City OF Atlanta & Officer J.M. Oglesby
  846 F.2d 1328· 11th Cir.· 1988-06-13 ·cited 166×
  Summary judgment was inappropriate because genuine issues of material fact exist regarding whether the officer used excessive force and whether the city maintained a policy or custom that led to the constitutional violation.
• Piazza v. Jefferson Cnty.
  923 F.3d 947· 11th Cir.· 2019-05-09 ·cited 164×
  The court held that the second tasing of an incapacitated detainee constituted excessive force violating clearly established law, but supervisory liability claims failed due to lack of evidence of a policy or custom based on multiple incidents.
• Harkless v. The Sweeny Indep. Sch. Dist.
  427 F.2d 319· 5th Cir.· 1970-06-02 ·cited 163×
• United States v. The City OF Miami
  664 F.2d 435· 5th Cir.· 1981-12-03 ·cited 162×
  The appellate court affirmed the district court's approval of a consent decree designed to remedy past discrimination in the Miami Police Department. The court held that the decree did not abridge the collective bargaining rights of the police unions, as the unions failed to demo
• Finney v. Ark. Bd. OF Corr. & Terrell Don Hutto
  505 F.2d 194· 8th Cir.· 1974-10-10 ·cited 162×
  The court denied the petition for rehearing, stating that appellate courts cannot consider new evidence and that the district court must determine if current conditions meet constitutional standards.
• Swain v. Junior
  961 F.3d 1276· 11th Cir.· 2020-06-15 ·cited 160×
  Medically vulnerable pretrial detainees at a Miami-Dade jail challenged COVID-19 conditions of confinement as violating the Eighth and Fourteenth Amendments, and the district court granted a preliminary injunction requiring measures including social distancing. The Eleventh Circu
• Slavin v. Curry
  574 F.2d 1256· 5th Cir.· 1978-06-13 ·cited 160×
  The court held that a pro se complaint alleging a single, continuing conspiracy under 42 U.S.C. § 1983 should not be dismissed without a hearing, especially when immunity defenses are raised, and that claims under § 1985 and § 1986 require specific class-based animus not present
• Eisen v. Eastman
  421 F.2d 560· 2d Cir.· 1969-11-28 ·cited 160×
  The court held that the district court correctly dismissed the claim under 42 U.S.C. § 1983 because the plaintiff's alleged harm was purely economic, not a deprivation of personal liberty. It also affirmed the district court's finding of a sufficient jurisdictional amount under 2