42 U.S.C. § 1983 Action

1,015 Florida cases classified under this topic, plus 1,841 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.
• 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×·via 42 U.S.C. § 1983 Civil Rights Action
• 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.
• Zatler v. Louie L. Wainwright
  802 F.2d 397· 11th Cir.· 1986-10-17 ·cited 281×·via 42 U.S.C. § 1983 Civil Rights Action
  The dissenting judge believes the district court prematurely ruled on summary judgment, preventing a trial on the merits of the plaintiff's claims.
• 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.
• 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.
• Clemons v. Dougherty Cnty.
  684 F.2d 1365· 11th Cir.· 1982-09-07 ·cited 202×·via 42 U.S.C. § 1983 Civil Rights Action
  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
• 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
• 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×·via 42 U.S.C. § 1983 (Excessive Force)
  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×·via 42 U.S.C. § 1983 (Excessive Force)
  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.
• Finney v. Ark. Bd. OF Corr. & Terrell Don Hutto
  505 F.2d 194· 8th Cir.· 1974-10-10 ·cited 162×·via 42 U.S.C. § 1983 Civil Rights Action
  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.
• Focus ON THE Family v. Pinellas Suncoast Transit Auth.
  344 F.3d 1263· 11th Cir.· 2003-09-09 ·cited 150×·via 42 U.S.C. § 1983 Liability
  Focus on the Family challenged a contract between the Pinellas Suncoast Transit Authority (PSTA) and Eller Media that allegedly barred Focus from advertising its "Love Won Out" conference on bus shelters in Pinellas County, Florida. The district court granted summary judgment for
• Barfield v. Brierton
  883 F.2d 923· 11th Cir.· 1989-09-15 ·cited 150×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that genuine issues of material fact existed regarding the plaintiff's liberty interest as a youthful offender and his access to courts and medical treatment, thus reversing the grant of summary judgment.
• Mrs. Margaret Burnside v. Byars
  363 F.2d 744· 5th Cir.· 1966-07-21 ·cited 142×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the school regulation forbidding the wearing of 'freedom buttons' was an arbitrary and unreasonable infringement on students' First Amendment rights, and the denial of a preliminary injunction was an abuse of discretion.
• United States ex rel. Luther Miller v. Twomey
  479 F.2d 701· 7th Cir.· 1973-05-16 ·cited 141×·via 42 U.S.C. § 1983 Liability
  The dissenting judge would reverse the dismissal of claims alleging cruel and unusual punishment due to reckless endangerment and apply the full procedural safeguards of Morrissey v. Brewer to parole and good time revocation proceedings.
• Fils v. City OF Aventura
  647 F.3d 1272· 11th Cir.· 2011-07-28 ·cited 138×·via 42 U.S.C. § 1983 (Excessive Force)
  Cindy Fils and Nemours Maurice sued police officers under 42 U.S.C. § 1983 for excessive force after being tased and arrested outside a nightclub in Aventura, Florida on August 23, 2003. The district court denied the officers' motions for summary judgment based on qualified immun
• Dewitt Owens v. Haas
  601 F.2d 1242· 2d Cir.· 1979-07-09 ·cited 136×·via 42 U.S.C. § 1983 Liability For Municipalities
  The court held that the plaintiff should be allowed limited discovery and an opportunity to amend his complaint to state a claim for "deliberate indifference" against the county under 42 U.S.C. § 1983, and that his breach of contract claim as a third-party beneficiary should be r
• Archie v. City OF Racine
  847 F.2d 1211· 7th Cir.· 1988-05-23 ·cited 131×·via 42 U.S.C. § 1983 Liability
  The dissenting judges argue that the defendant's actions, in failing to dispatch an ambulance and advising against seeking other medical help, constituted gross negligence or reckless indifference, making it actionable under 42 U.S.C. § 1983.
• Mandel v. John DOE (name unknown
  888 F.2d 783· 11th Cir.· 1989-11-17 ·cited 130×
  The court held that the district court correctly denied the County's motions for directed verdict and judgment notwithstanding the verdict on the issue of deliberate indifference, and affirmed the judgment.
• Hernandez v. City OF Lafayette
  643 F.2d 1188· 5th Cir.· 1981-05-01 ·cited 126×
  Local legislators are entitled to absolute immunity under § 1983 for conduct in furtherance of their legislative duties, but municipalities are not entitled to legislative immunity from damages for uncompensated takings of private property through zoning regulations.
• Bonner v. Coughlin
  545 F.2d 565· 7th Cir.· 1976-10-28 ·cited 125×·via 42 U.S.C. § 1983 Liability
  The court held that the negligence of prison guards causing the loss of a prisoner's transcript was not a state deprivation of property without due process of law under the Fourteenth Amendment, nor was it action 'under color of state law' for purposes of Section 1983.
• Bennett v. City OF Slidell
  728 F.2d 762· 5th Cir.· 1984-04-02 ·cited 124×·via 42 U.S.C. § 1983 Liability
  The court held that a municipality can be held liable under section 1983 for the unconstitutional actions of an appointed official if that official's acts represent official policy, even if the municipality's written policies are facially constitutional.
• VON Stein v. Brescher
  904 F.2d 572· 11th Cir.· 1990-06-27 ·cited 121×·via Section 1983
  The court held that the officers were entitled to qualified immunity for the arrest because arguable probable cause existed, and that the plaintiff's defamation claim under Section 1983 failed because it did not allege the deprivation of a tangible interest beyond reputation.
• Cleo R. Herrera v. Valentine
  653 F.2d 1220· 8th Cir.· 1981-07-13 ·cited 120×·via 42 U.S.C. § 1983 Liability
  The court held that a jury may award damages for the violation of substantive constitutional rights independent of actual physical or emotional injury, and that the $300,000 verdict was not excessive.
• Benson v. Allphin
  786 F.2d 268· 7th Cir.· 1986-03-10 ·cited 118×
  The court held that the defendant's failure to move for a directed verdict at the close of all evidence did not waive their right to move for judgment notwithstanding the verdict on qualified immunity grounds. It also held that the plaintiff's claims regarding pre-termination in-
• Cate v. Oldham
  707 F.2d 1176· 11th Cir.· 1983-06-02 ·cited 117×
  The court held that the Eleventh Amendment bars suits against the State of Florida in federal court, but granted preliminary injunctive relief against the State Attorney pending certification of state law questions to the Florida Supreme Court.
• Henzel v. Gerstein
  608 F.2d 654· 5th Cir.· 1979-12-21 ·cited 116×·via 42 U.S.C. § 1983 Liability
  The court held that prosecutors, judges, and supervisory officials are immune from § 1983 liability for actions within their official capacities, and that private citizens cannot be held liable for conspiracy with immune officials based on derivative immunity. The § 1985 claim fa
• Sims v. Adams
  537 F.2d 829· 5th Cir.· 1976-08-25 ·cited 116×·via 42 U.S.C. § 1983 Liability
  The court held that a complaint alleging supervisory defendants breached a duty owed to the plaintiff, causing constitutional injury, states a claim under 42 U.S.C. § 1983, and dismissal for failure to state a claim was improper.
• Briggs v. Goodwin
  569 F.2d 10· D.C. Cir.· 1977-09-21 ·cited 115×·via 42 U.S.C. § 1983 Liability
  The court held that a prosecutor acting as a witness in a courtroom, answering a judge's question, is performing a function intimately associated with the judicial process and is therefore entitled to absolute immunity from civil suit.
• Taylor v. James G. Ledbetter, PH.D.
  818 F.2d 791· 11th Cir.· 1987-06-09 ·cited 114×·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiff failed to state a claim for deliberate indifference under 42 U.S.C. § 1983 because the complaint did not allege facts showing the defendants had actual knowledge of a substantial risk of harm to the child. The court also held that the Georgia fos
• Turpin v. Mailet
  619 F.2d 196· 2d Cir.· 1980-04-08 ·cited 114×·via 42 U.S.C. § 1983 Liability For Municipalities
  The court held that while a municipality's failure to discipline an employee can, in some circumstances, constitute an official policy under 42 U.S.C. § 1983, the evidence presented in this case was insufficient as a matter of law to establish such a policy.
• Wright v. Lanson Newsome
  795 F.2d 964· 11th Cir.· 1986-08-06 ·cited 113×
  The court held that the district court abused its discretion in denying the inmate's motion to amend his complaint and erred in dismissing his claims for procedural due process, access to the courts, and pendent state law claims.
• Procup v. Strickland
  792 F.2d 1069· 11th Cir.· 1986-07-02 ·cited 113×
• McCONNELL v. Critchlow
  661 F.2d 116· 9th Cir.· 1981-11-09 ·cited 109×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the Eleventh Amendment bars suits against states in federal court and that the statute of limitations had run on the civil rights claims, affirming all dismissals.
• Guerro v. Mulhearn
  498 F.2d 1249· 1st Cir.· 1974-06-24 ·cited 109×·via 42 U.S.C. § 1983 Civil Rights Action
  A federal court must stay its hand in a section 1983 damage action if disposition would involve ruling on the legality of a state conviction during pending state proceedings, but not every related action requires exhaustion.
• Williams v. The City OF Valdosta
  689 F.2d 964· 11th Cir.· 1982-10-21 ·cited 108×
  The court held that the district court erred in granting judgment notwithstanding the verdict and a new trial, as the plaintiff presented sufficient evidence for a jury to find that his demotion was in retaliation for protected First Amendment activities.
• Fulford v. Klein
  529 F.2d 377· 5th Cir.· 1976-03-25 ·cited 108×
• Rhem v. Malcolm
  507 F.2d 333· 2d Cir.· 1974-11-08 ·cited 107×·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the district court's findings that conditions at the Tombs violated the constitutional rights of pre-trial detainees but remanded for further consideration of the equitable relief ordered.
• Toussaint v. McCARTHY
  801 F.2d 1080· 9th Cir.· 1986-09-30 ·cited 105×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court assumed too much control over prison affairs, requiring modification of the permanent injunction to ensure it is no broader than necessary to remedy constitutional violations.
• Wilson v. Beebe
  770 F.2d 578· 6th Cir.· 1985-08-12 ·cited 105×
  Officer Beebe is protected by official immunity under Michigan law because his actions during the arrest were discretionary.
• Patsy v. Fla. Int'l Univ.
  634 F.2d 900· 5th Cir.· 1981-01-22 ·cited 104×
  The court held that exhaustion of adequate state administrative remedies can be a prerequisite to filing a section 1983 suit, departing from a strict no-exhaustion rule.
• McKINLEY v. City OF Eloy
  705 F.2d 1110· 9th Cir.· 1983-05-09 ·cited 103×
  The court held that a probationary public employee's speech on matters of public concern is protected by the First Amendment, and dismissal based on such speech, even without a property interest in the job, entitles the employee to reinstatement and damages.
• Greason v. Kemp
  891 F.2d 829· 11th Cir.· 1990-01-09 ·cited 102×
  The court held that the defendants are immune from damages because the law was not clearly established in 1985 that discontinuing psychotropic drugs under the given circumstances amounted to deliberate indifference violating the Eighth Amendment.
• Wolf-Lillie v. Sonquist
  699 F.2d 864· 7th Cir.· 1983-01-31 ·cited 102×·via 42 U.S.C. § 1983 Liability
  The court held that the sheriff, in his official capacity, was liable for damages resulting from the execution of an outdated writ of restitution due to a pervasive custom of executing stale writs. The court also held that the Parratt v. Taylor doctrine did not bar claims for sub
• Haygood v. Evelle J. Younger
  769 F.2d 1350· 9th Cir.· 1985-08-27 ·cited 101×
  A prisoner's claim for damages due to unlawful detention resulting from established state policy or practice, rather than a random unauthorized act, states a valid § 1983 claim for denial of liberty without due process, subject to qualified immunity defenses.
• Black v. Stephens
  662 F.2d 181· 3d Cir.· 1981-09-28 ·cited 101×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that there was sufficient evidence to sustain the jury's findings of liability and damages against the police detective, police chief, and city for constitutional violations under section 1983, and that no errors occurred requiring a new trial.
• Meade v. Grubbs
  841 F.2d 1512· 10th Cir.· 1988-03-11 ·cited 100×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court abused its discretion by dismissing the case for violation of a local rule and that the plaintiff's allegations sufficiently stated a claim for excessive force under 42 U.S.C. § 1983. However, state officials sued in their official capacitie
• Bonitz v. Fair
  804 F.2d 164· 1st Cir.· 1986-11-03 ·cited 100×
  The court held that an appellate court may review a district court's factually-based determinations on an interlocutory 'qualified immunity' appeal in appropriate cases.
• Baskin v. Parker
  602 F.2d 1205· 5th Cir.· 1979-09-24 ·cited 100×·via Section 1983
  The court held that Section 1983 does not preclude the incorporation of state law remedies, including vicarious liability, for the deprivation of civil rights.