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

• Wheatley v. Police Officers Robert Beetar
  637 F.2d 863· 2d Cir.· 1980-12-31 ·cited 26×·via 42 U.S.C. § 1983 (Excessive Force)
  The court should order a new trial on all issues, not just damages, because liability and damages are too intertwined.
• Mancini v. Sherwin Lester and David Lucas
  630 F.2d 990· 3d Cir.· 1980-09-18 ·cited 26×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court erred in granting absolute prosecutorial immunity without a functional analysis of the defendants' actions.
• Collins v. Hladky
  603 F.2d 824· 10th Cir.· 1979-08-17 ·cited 26×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a trial court erred in dismissing a civil rights action based solely on conflicting affidavits, as disputed factual issues require further development of the record.
• Hudspeth v. Figgins
  584 F.2d 1345· 4th Cir.· 1978-10-05 ·cited 26×·via 42 U.S.C. § 1983 Litigation
  A single, incredible threat by a correctional officer and subsequent administrative reassignment do not state a claim of constitutional magnitude.
• LOE v. Armistead
  582 F.2d 1291· 4th Cir.· 1978-08-16 ·cited 26×
  The dissenting judge believes the majority erred in finding a § 1983 claim for deliberate indifference to serious medical needs and in creating a broad federal remedy under the Fifth Amendment.
• Domingo Roque Molina v. Paul T. Richardson & the City of Los Angeles
  578 F.2d 846· 9th Cir.· 1978-07-21 ·cited 26×·via Section 1983
  The dissenting judge would reverse the district court's decision, find jurisdiction, and infer a cause of action against the city directly from the Fourteenth Amendment.
• Arthur v. Ewald P. Nyquist
  573 F.2d 134· 2d Cir.· 1978-03-08 ·cited 26×·via 42 U.S.C. § 1983 Liability
  The court held that officials sued in their official capacities for injunctive relief are 'persons' under § 1983, and that the district court correctly applied the 'foreseeable consequences' test to find intentional segregation by city appellants.
• Wirth v. Surles
  562 F.2d 319· 4th Cir.· 1977-09-22 ·cited 26×·via 42 U.S.C. § 1983 Civil Rights Action
• Miller v. Barilla
  549 F.2d 648· 9th Cir.· 1977-01-31 ·cited 26×·via 42 U.S.C. § 1983 Liability
  Public defenders are accorded absolute immunity from § 1983 damage claims for acts done in the performance of their judicial function, specifically including plea bargaining.
• Martin v. Merola
  532 F.2d 191· 2d Cir.· 1976-02-05 ·cited 26×·via 42 U.S.C. § 1983 Liability
  A prosecutor may be held liable under § 1983 for making public statements that are beyond the scope of official duties and known or should have been known to violate a defendant's constitutional rights to a fair trial.
• Bursey v. Weatherford
  528 F.2d 483· 4th Cir.· 1975-12-02 ·cited 26×·via 42 U.S.C. § 1983 Liability
  The court held that the government's knowing allowance of an informant to intrude upon attorney-client conferences, even if for cover and not to gain specific trial strategy, violates the Sixth Amendment right to counsel and the Fourteenth Amendment right to a fair trial, requiri
• Pedro and Olga A. Barrera v. Sec. Bldg. & Inv. Corp.
  519 F.2d 1166· 5th Cir.· 1975-09-25 ·cited 26×
  The court held that the non-judicial foreclosure of a deed of trust, even when regulated by state statute, does not constitute state action for purposes of a Fourteenth Amendment due process claim.
• Artie Mahaley v. Cuyahoga Metro. Hous. Auth.
  500 F.2d 1087· 6th Cir.· 1974-07-09 ·cited 26×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the single judge erred in finding a violation of Section 1983 and ordering relief against the municipalities, as their refusal to enter cooperation agreements was lawful under the Housing Act and did not constitute unconstitutional discrimination.
• Tang v. App. Div. OF the NEW York Supreme Court
  487 F.2d 138· 2d Cir.· 1973-10-19 ·cited 26×
• White v. Padgett
  475 F.2d 79· 5th Cir.· 1973-03-02 ·cited 26×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiff's claim under 42 U.S.C. § 1983 was barred by the statute of limitations, and therefore did not reach the issue of defendants' immunity.
• Wilkinson v. Skinner
  462 F.2d 670· 2d Cir.· 1972-06-28 ·cited 26×
  The court held that amended prison mail regulations mooted the case, as they adequately protect inmates' First and Sixth Amendment rights.
• Delone Martin v. Duffie
  463 F.2d 464· 10th Cir.· 1972-06-05 ·cited 26×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that in a § 1983 action for warrantless arrest, the plaintiff need only present a prima facie case of illegal arrest, and the burden shifts to the officers to prove probable cause as a defense.
• Winters v. Alan D. Miller, M.D.
  446 F.2d 65· 2d Cir.· 1971-05-26 ·cited 26×·via 42 U.S.C. § 1983 Liability
  The court held that the appellant's constitutional rights were not violated by fingerprinting and photographing, and that the trial court's grant of summary judgment for the defendants should be affirmed.
• Poer v. Jefferson Cnty. Comm'n
  100 F.4th 1325· 11th Cir.· 2024-05-01 ·cited 25×·via 42 U.S.C. § 1983 Civil Rights Action
  The Eleventh Circuit affirmed the district court's grant of summary judgment, finding no evidence that the plaintiff's termination or denial of transfer was based on race.
• W. Va. Univ. Hosps., Inc. v. Casey
  885 F.2d 11· 3d Cir.· 1989-09-05 ·cited 25×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that hospitals have private rights enforceable under 42 U.S.C. § 1983 for violations of the Medicaid Act's hospital reimbursement provisions.
• United Steelworkers OF Am. v. Phelps Dodge Corp.
  865 F.2d 1539· 9th Cir.· 1989-01-18 ·cited 25×·via 42 U.S.C. § 1983 Liability
  The court held that the majority's interpretation of certain statements as evidence of conspiracy was an unwarranted inference, particularly given the lack of direct evidence and the context of the situation.
• DeMALLORY v. Cullen
  855 F.2d 442· 7th Cir.· 1988-08-23 ·cited 25×·via 42 U.S.C. § 1983 Liability
  The court held that a prisoner's Eighth Amendment claim regarding unsanitary conditions and dangerous inmate interactions requires more than a showing of negligence, but the district court improperly granted summary judgment without addressing the core allegations. The court also
• Rushton v. Neb. Pub. Power Dist.
  844 F.2d 562· 8th Cir.· 1988-04-14 ·cited 25×
  The court held that the drug-testing policy did not violate plaintiffs' First Amendment free exercise rights or Fourth Amendment rights, as the state's compelling interests in public safety and plant security outweighed the plaintiffs' privacy and religious objections.
• Carter v. Dist. OF Columbia
  795 F.2d 116· D.C. Cir.· 1986-07-03 ·cited 25×·via 42 U.S.C. § 1983 Liability
  The court held that the trial judge erred in allowing extensive introduction of allegations of prior police misconduct, necessitating a new trial on claims submitted to the jury. The court also affirmed the directed verdict for the municipality on the constitutional tort claim.
• Johnson v. Univ. OF Wisconsin-Milwaukee
  783 F.2d 59· 7th Cir.· 1986-01-29 ·cited 25×·via Section 1983
  Evidence of a non-discriminatory retaliatory motive is irrelevant to proving that the employer's proffered legitimate, non-discriminatory reason for termination was a pretext for age discrimination.
• Rivera v. Al Green
  775 F.2d 1381· 9th Cir.· 1985-11-08 ·cited 25×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the Wilson v. Garcia decision, which mandates application of state personal injury statutes of limitations to § 1983 claims, should be applied retroactively. The court also held that certain defendants were immune or acted as private parties, thus failing to s
• Bertold J. Pembaur, M.D. v. City OF Cincinnati
  746 F.2d 337· 6th Cir.· 1984-10-18 ·cited 25×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the prosecutor was entitled to good faith immunity and that the county was not liable for the sheriff's actions as no county policy was established. However, the dismissal of the claim against the city was vacated and remanded.
• Gargiul v. Tompkins
  704 F.2d 661· 2d Cir.· 1983-03-29 ·cited 25×
  A teacher has a constitutional right to privacy, encompassing bodily integrity, which includes the right to refuse examination by a doctor of the opposite sex.
• Bennett v. City OF Slidell
  697 F.2d 657· 5th Cir.· 1983-02-07 ·cited 25×·via 42 U.S.C. § 1983 Liability
  The court held that the city and city attorney could be held liable under § 1983 for unconstitutional application of zoning ordinances and deprivation of power, but the councilmen were not liable due to insufficient evidence.
• Linnie Carl McCOLLAN v. Tate
  575 F.2d 509· 5th Cir.· 1978-06-19 ·cited 25×·via 42 U.S.C. § 1983 Liability
  The court held that a sheriff may be liable under section 1983 for false imprisonment if they fail to exercise due diligence in verifying the identity of an individual arrested under a warrant, even if the warrant is fair on its face.
• Green v. Waterford Bd. OF Educ.
  473 F.2d 629· 2d Cir.· 1973-01-29 ·cited 25×·via 42 U.S.C. § 1983 Civil Rights Action
  A mandatory maternity leave provision that forces a physically capable pregnant teacher to take leave without considering her individual ability to teach violates the Equal Protection Clause of the Fourteenth Amendment.
• Mr. William Franklin v. City OF Marks
  439 F.2d 665· 5th Cir.· 1971-03-02 ·cited 25×
  The ten-day period for appealing a state municipal de-annexation decree is a procedural limitation, not a statute of limitations applicable to a federal civil rights action under 42 U.S.C. § 1983.
• Gallagher v. Motors Ins. Corp.
  605 So. 2d 62· Fla.· 1992-07-23 ·cited 24×
  Florida's insurance premium tax scheme (pre-July 1, 1988) imposed higher taxes on foreign insurers than domestic insurers. The trial court declared it unconstitutional under the Equal Protection and Due Process Clauses, but the Florida Supreme Court reversed, holding that the tax
• Romberg v. Nichols
  953 F.2d 1152· 9th Cir.· 1992-01-13 ·cited 24×·via 42 U.S.C. § 1983 Civil Rights Action
  The Rombergs are prevailing parties entitled to a fee award under 42 U.S.C. § 1988 because they succeeded on a significant issue that altered the legal relationship with the defendants.
• Trooper Alvin T. Pontarelli v. Stone
  930 F.2d 104· 1st Cir.· 1991-04-18 ·cited 24×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that a notice of appeal using "et al." is insufficient to confer appellate jurisdiction for unnamed parties and that mistaken reliance on "et al." does not constitute excusable neglect for extending the appeal deadline. The court also affirmed that sex discriminati
• Simmons v. Reynolds
  898 F.2d 865· 2d Cir.· 1990-03-12 ·cited 24×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that while a six-year delay in hearing an appeal violated due process rights, the subsequent affirmance of the conviction rendered release from custody inappropriate, and damages were the proper remedy for any remaining prejudice.
• McCUEN v. Polk Cnty.
  893 F.2d 172· 8th Cir.· 1990-01-04 ·cited 24×
  The court held that the defendants were entitled to immunity, either absolute or qualified, for their actions related to the temporary removal of the child, and thus summary judgment was appropriate.
• Kirkland v. Northside Indep. Sch. Dist.
  890 F.2d 794· 5th Cir.· 1989-12-22 ·cited 24×·via 42 U.S.C. § 1983 Civil Rights Action
  A public school teacher's use of a non-approved supplemental reading list, without seeking administrative approval, does not constitute constitutionally protected speech on a matter of public concern.
• Phelps v. The Wichita Eagle-Beacon
  886 F.2d 1262· 10th Cir.· 1989-09-29 ·cited 24×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that plaintiff's Section 1981 and RICO claims were properly dismissed, but his Section 1985(3) claim and potentially his Section 1983 Equal Protection claim were not, and the state action issue for the Section 1983 claim requires further factual development.
• Gillihan v. Shillinger
  872 F.2d 935· 10th Cir.· 1989-04-12 ·cited 24×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a prisoner stated a claim for deprivation of property without due process when funds were taken from his account pursuant to established policy, and that the district court erred in denying his motion to supplement his complaint.
• Earle v. Benoit
  850 F.2d 836· 1st Cir.· 1988-06-29 ·cited 24×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court did not err in excluding evidence of town officers' statements due to lack of proven conspiracy, but erred in directing a verdict on the civil rights conspiracy claim, though this error was harmless.
• Duncan v. Mr. & Mrs. Harold Peck
  844 F.2d 1261· 6th Cir.· 1988-04-25 ·cited 24×
  Private parties acting under color of state law are not entitled to good faith immunity under 42 U.S.C. § 1983, but may assert a good faith defense.
• Justice v. Dennis
  834 F.2d 380· 4th Cir.· 1987-11-25 ·cited 24×·via 42 U.S.C. § 1983 Civil Rights Action
  The jury instruction imposing a substantive due process standard for an excessive force claim was error requiring remand for a new trial, as the claim properly invoked Fourth Amendment protections against unreasonable seizures.
• Healy v. Town OF Pembroke Park
  831 F.2d 989· 11th Cir.· 1987-11-05 ·cited 24×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the prior administrative proceeding did not preclude the plaintiffs from seeking compensatory damages in federal court, but affirmed absolute legislative immunity for the mayor and commissioners, and remanded for consideration of attorneys' fees.
• Garza v. City OF Omaha
  814 F.2d 553· 8th Cir.· 1987-03-25 ·cited 24×·via 42 U.S.C. § 1983 Liability For Municipalities
  The court held that a jury's finding of discriminatory custom under § 1983 collaterally estops the district court from making inconsistent findings on a simultaneously tried Title VII claim. The court also reversed the setting aside of punitive damages.
• Jones v. Preuit & Mauldin
  808 F.2d 1435· 11th Cir.· 1987-02-02 ·cited 24×·via 42 U.S.C. § 1983 Liability
  The court held that the seizure of property without notice under Alabama's attachment statute, which was an established state procedure, did not fall under the Parratt v. Taylor exception, and that private defendants could assert qualified immunity but failed to prove they acted
• Batterton v. The Tex. Gen. Land Off.
  783 F.2d 1220· 5th Cir.· 1986-03-03 ·cited 24×
  The court held that the employees did not possess a constitutionally protected property interest in their jobs under Texas law and failed to present sufficient evidence to support their First Amendment claim, thus affirming the grant of summary judgment.
• Creamer v. Officer Lewis Porter
  754 F.2d 1311· 5th Cir.· 1985-03-15 ·cited 24×·via 42 U.S.C. § 1983 Liability
  The court held that punitive damages under section 1983 require a showing of willful misconduct or conscious indifference to the rights of others, not merely gross negligence.
• Findeisen v. N. E. Indep. Sch. Dist.
  749 F.2d 234· 5th Cir.· 1984-12-26 ·cited 24×·via Section 1983
  The court concurred that the record did not entirely exclude the possibility of bad faith termination, which could entitle the plaintiff to relief under section 1983.
• Horsey v. Asher
  741 F.2d 209· 8th Cir.· 1984-08-23 ·cited 24×·via 42 U.S.C. § 1983 Civil Rights Action
  A complaint that states a claim upon which relief can be granted under Fed.R.Civ.P. 12(b)(6) cannot be dismissed as frivolous under 28 U.S.C. § 1915(d) simply because the plaintiff is a prisoner proceeding in forma pauperis.