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

• Freedman v. City OF Allentown
  853 F.2d 1111· 3d Cir.· 1988-08-10 ·cited 22×·via 42 U.S.C. § 1983 Liability
  The court held that the allegations in the complaint were sufficient to withstand a motion to dismiss under Rule 12(b)(6) for claims against Detective Balliet and the municipal defendants, as they sufficiently alleged reckless indifference to a detainee's suicidal tendencies.
• Quesada v. Thomason
  850 F.2d 537· 9th Cir.· 1988-06-23 ·cited 22×·via Section 1983
  A district court cannot reduce a statutory attorney fee award below the lodestar amount based on the existence of a contingent-fee agreement or the simplicity of the case's issues.
• Curtis v. Thompson
  840 F.2d 1291· 7th Cir.· 1988-02-05 ·cited 22×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court erred by denying a preliminary injunction without addressing all five required factors, particularly given the constitutional nature of the claims.
• Knight v. Mills
  836 F.2d 659· 1st Cir.· 1987-12-29 ·cited 22×·via 42 U.S.C. § 1983 Claim For Damages
  State officials are entitled to qualified immunity from civil damages when their actions do not violate clearly established statutory or constitutional rights, and a declaratory judgment is not warranted on this record.
• Trujillo v. Goodman
  825 F.2d 1453· 10th Cir.· 1987-08-07 ·cited 22×·via 42 U.S.C. § 1983 Liability
  The court held that a jury could reasonably find that an officer's use of excessive force, while constituting a battery, did not rise to the level of a constitutional violation under 42 U.S.C. § 1983, particularly when the force was a spontaneous reaction rather than malicious.
• Holloway v. A.L. Lockhart
  813 F.2d 874· 8th Cir.· 1987-03-05 ·cited 22×
  The court held that a local rule conditioning discovery on leave of court for prisoner petitions is invalid because it conflicts with the Federal Rules of Civil Procedure, and that summary judgment was inappropriate due to genuine issues of material fact and insufficient discover
• Jensen v. City OF SAN Jose & Harry Stangel
  806 F.2d 899· 9th Cir.· 1986-12-17 ·cited 22×
• Draper v. Davis S. Coombs
  792 F.2d 915· 9th Cir.· 1986-06-24 ·cited 22×
  The court held that plaintiff properly pleaded § 1983 claims for extradition violations and towing under an unconstitutional ordinance, and that nominal damages are available even without actual harm. Claims against the State of Washington were affirmed due to Eleventh Amendment
• Sykes v. McDOWELL
  786 F.2d 1098· 11th Cir.· 1986-04-15 ·cited 22×·via Section 1983
  The court held that state administrative proceedings did not bar the deputy sheriff's federal First Amendment claim, submitting the protected speech issue to the jury was not plain error, and the damages awarded were not excessive.
• Groseclose v. Dutton
  788 F.2d 356· 6th Cir.· 1986-04-14 ·cited 22×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court's order requiring the submission of a remedial plan for unconstitutional prison conditions was neither a final judgment nor an appealable injunction, thus lacking appellate jurisdiction.
• Villante v. Dep't OF Corr. OF the City OF NEW York
  786 F.2d 516· 2d Cir.· 1986-03-19 ·cited 22×·via 42 U.S.C. § 1983 Liability
  The court held that the district court abused its discretion by denying discovery and improperly granting summary judgment on the sexual assault claim, but correctly dismissed the wrongful confinement claim.
• O'Quinn v. Manuel
  773 F.2d 605· 5th Cir.· 1985-08-05 ·cited 22×·via 42 U.S.C. § 1983 Liability
  The court held that the district court erred in dismissing the complaint for failure to state a claim, as the plaintiff's allegations, if true, could establish a violation of his constitutional rights. However, the dismissal for failure to state a claim is affirmed, but the case
• Harrison v. Byrd
  765 F.2d 501· 5th Cir.· 1985-07-15 ·cited 22×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court abused its discretion in denying the plaintiff's Rule 60(b) motion because it overlooked a timely filed affidavit that raised a material issue of fact regarding excessive force.
• GAY v. Wall
  761 F.2d 175· 4th Cir.· 1985-05-08 ·cited 22×
  The court held that the district court abused its discretion by converting a motion to dismiss into a motion for summary judgment without providing the plaintiff reasonable opportunity for discovery. The court also held that the plaintiff's claim of detention despite actual knowl
• L.D. Hilliard v. Bd. OF Pardons & Paroles
  759 F.2d 1190· 5th Cir.· 1985-04-08 ·cited 22×
  The court held that a prisoner has no constitutionally protected interest in the expectancy of release on parole under Texas law, and thus cannot state a claim for denial of due process or equal protection based on parole denials.
• Hayes v. A.L. Lockhart
  754 F.2d 281· 8th Cir.· 1985-02-08 ·cited 22×
  The court held that while the prisoner received adequate due process regarding administrative segregation, the district court erred in dismissing the claim for meritorious good time earned in another state.
• Briggs v. Malley
  748 F.2d 715· 1st Cir.· 1984-11-19 ·cited 22×·via 42 U.S.C. § 1983 Liability
  The court held that the magistrate's authorization does not cure an officer's objectively unreasonable belief in probable cause, and such conduct can lead to personal liability.
• Hanrahan v. Lane
  747 F.2d 1137· 7th Cir.· 1984-10-30 ·cited 22×
  The court held that while a prisoner's Fourth Amendment claim regarding cell searches is barred, the claim that he was denied due process by not receiving a statement of evidence relied upon for a guilty finding states a claim upon which relief can be granted.
• Ford v. W.J. Estelle, Jr.
  740 F.2d 374· 5th Cir.· 1984-09-04 ·cited 22×·via 42 U.S.C. § 1983 Civil Rights Action
  The Magistrates Act does not authorize a district court to refer a prisoner's civil rights action to a United States magistrate for a jury trial without the parties' consent.
• Davidson v. Keenan
  740 F.2d 129· 2d Cir.· 1984-07-18 ·cited 22×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the standard for awarding attorney's fees to prevailing defendants under 42 U.S.C. § 1988 requires objective bad faith by the plaintiff.
• Hahn v. McLEY
  737 F.2d 771· 8th Cir.· 1984-06-29 ·cited 22×·via 42 U.S.C. § 1983 Liability
  The court held that the district court's finding of personal liability for supervisors was clearly erroneous, as there was no evidence of their direct involvement or deliberate indifference to the prisoner's medical needs.
• In re Romulus Cmty. Schs. v. Romulus Cmty. Schs.
  729 F.2d 431· 6th Cir.· 1984-03-07 ·cited 22×
  A district court has the discretion to remand pendent state law claims to state court after the federal basis for removal jurisdiction has been eliminated, even if the remand is not based on a specific statutory ground for remand.
• Haygood v. Evelle J. Younger
  718 F.2d 1472· 9th Cir.· 1983-10-25 ·cited 22×
  Post-deprivation processes can satisfy the Fourteenth Amendment's due process requirement for liberty interests, and detention beyond a lawful term is not automatically cruel and unusual punishment under the Eighth Amendment.
• Olgin v. Darnell
  664 F.2d 107· 5th Cir.· 1981-12-18 ·cited 22×
  The court held that the pretrial detainee's confinement and restrictions, including temporary removal of clothing, did not constitute punishment and were rationally related to legitimate governmental objectives, thus not violating due process.
• Littlefield v. Deland
  641 F.2d 729· 10th Cir.· 1981-05-12 ·cited 22×·via 42 U.S.C. § 1983 Liability
  The court held that confining a pretrial detainee in extreme conditions for an excessive period constitutes punishment, violating due process rights.
• Phillips v. Carey
  638 F.2d 207· 10th Cir.· 1981-01-06 ·cited 22×
  The court held that while restrictions on filing future actions are permissible in extreme cases, the record was deficient to demonstrate their proper application, requiring remand.
• Hernandez v. City OF LOS Angeles
  624 F.2d 935· 9th Cir.· 1980-08-06 ·cited 22×
  The court held that the jury's verdict in the prior criminal proceeding did not necessarily determine that the officers used only reasonable force, thus collateral estoppel was improperly applied.
• Reynaldo Tongol v. Usery
  601 F.2d 1091· 9th Cir.· 1979-08-06 ·cited 22×
  The court held that the federal regulation prohibiting states from waiving recoupment of overpayments was invalid as exceeding the Secretary's statutory authority and conflicting with congressional intent to apply state law. The court also held that plaintiffs stated a claim unde
• McKNIGHT v. Se. Pa. Transp. Auth.
  583 F.2d 1229· 3d Cir.· 1978-09-29 ·cited 22×·via 42 U.S.C. § 1983 Liability
  The court held that the district court erred in dismissing the plaintiff's claim regarding a deprivation of his liberty interest, as the alleged stigmatizing charge of intoxication could be a factual question for trial. The court also vacated the dismissal of the property interes
• Rodriguez v. Jimenez
  551 F.2d 877· 1st Cir.· 1977-03-23 ·cited 22×
  The court held that the award of attorneys' fees to the prevailing party in a Section 1983 action is proper under the Civil Rights Attorneys’ Fees Awards Act of 1976, even for cases pending on appeal.
• State of N.J. v. Chesimard
  555 F.2d 63· 3d Cir.· 1977-03-09 ·cited 22×
  The dissenting judge would find that federal intervention is permissible, either because the relief sought is collateral to the state criminal proceeding under Gerstein v. Pugh, or because exceptional circumstances warrant intervention under Younger v. Harris.
• Scharfenberger v. Wingo
  542 F.2d 328· 6th Cir.· 1976-09-23 ·cited 22×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court erred in granting judgment n.o.v. because the jury could reasonably have concluded that prison officials disregarded medical advice and that timely treatment might have saved a greater portion of the plaintiff's arm.
• Mitchell v. King
  537 F.2d 385· 10th Cir.· 1976-06-22 ·cited 22×·via Section 1983
  The court's holding is not explicitly stated as this is a concurring opinion focusing on reasoning.
• Carter v. Hardy
  526 F.2d 314· 5th Cir.· 1976-01-23 ·cited 22×
  The court held that a federal court cannot order the expungement of state convictions that have fully served their sentences and are not used for sentence enhancement.
• Lynward James Daye, Jr. v. Bounds
  509 F.2d 66· 4th Cir.· 1975-01-16 ·cited 22×·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the district court's dismissal of the action as frivolous, finding that the plaintiff's allegations lacked merit and constituted an abuse of process.
• Davis v. Weir
  497 F.2d 139· 5th Cir.· 1974-07-18 ·cited 22×·via Section 1983
  The court held that refusing water service to new applicants based on a third party's unpaid water bill violates the Equal Protection Clause of the Fourteenth Amendment, but modified the class definition to be more specific.
• Gaffney v. Silk
  488 F.2d 1248· 1st Cir.· 1973-12-27 ·cited 22×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the district court abused its discretion by denying the plaintiffs' motion to amend their complaint, as the amended complaint sufficiently stated a cause of action under 42 U.S.C. § 1983.
• Essex RAY v. Fritz
  468 F.2d 586· 2d Cir.· 1972-10-19 ·cited 22×
  A federal court must hear a prisoner's § 1983 suit if no adequate state administrative or judicial remedy exists.
• Madison v. Manter
  441 F.2d 537· 1st Cir.· 1971-04-28 ·cited 22×·via 42 U.S.C. § 1983 Liability
  Police officers acting in good faith but negligently in seeking a search warrant are not liable under 42 U.S.C. § 1983.
• Dunham v. Crosby
  435 F.2d 1177· 1st Cir.· 1970-12-18 ·cited 22×
  The court held that the superintendent's actions denied the teacher procedural rights, but the school board members were not liable for conspiracy or under respondeat superior.
• Cole v. Hous. Auth. OF the City OF Newport
  435 F.2d 807· 1st Cir.· 1970-12-07 ·cited 22×
  A two-year durational residency requirement for public housing violates the Equal Protection Clause and the right to travel, as it penalizes migration without serving a compelling state interest.
• Dacey v. N.Y. Cnty. Lawyers' Ass'n
  423 F.2d 188· 2d Cir.· 1969-12-08 ·cited 22×·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the dismissal of the complaint, agreeing that the Association had probable cause to initiate unauthorized practice proceedings.
• Striker v. Pancher
  317 F.2d 780· 6th Cir.· 1963-05-20 ·cited 22×·via 42 U.S.C. § 1983 Civil Rights Action
  A sheriff's advice to plead guilty, even without informing the defendant of their right to counsel, does not constitute a deprivation of constitutional rights actionable under 42 U.S.C. § 1983, absent threats or misuse of power.
• Martin-Trigona v. Leander Shaw
  986 F.2d 1384· 11th Cir.· 1993-03-26 ·cited 21×·via 42 U.S.C. § 1983 Civil Rights Action
  Dr. Helen Martin-Trigona filed a § 1983 lawsuit against Florida officials on behalf of herself and her grandchildren, but the district court dismissed it for violating a permanent injunction issued against her son, Anthony Martin-Trigona, a notoriously vexatious litigant. The Ele
• Lee Woodward in bankruptcy v. The City OF Worland
  977 F.2d 1392· 10th Cir.· 1992-10-19 ·cited 21×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that supervisors are entitled to qualified immunity on the Equal Protection claim for sexual harassment as the law was not clearly established until May 1989, and co-employees are also immune as harassment by non-supervisors under § 1983 was not clearly established
• THE News-Journal Corp. v. Honorable S. James Foxman
  939 F.2d 1499· 11th Cir.· 1991-08-30 ·cited 21×·via 42 U.S.C. § 1983 Civil Rights Action
  The News-Journal Corporation challenged a state trial court's restrictive order prohibiting extrajudicial statements by trial participants in a sensational murder-for-hire case. The federal district court dismissed the action under Younger abstention, finding that the News-Journa
• Redman v. Cnty. OF SAN Diego
  942 F.2d 1435· 9th Cir.· 1991-08-26 ·cited 21×
  The court held that the majority's application of deliberate indifference standards to jail management was incorrect, suggesting judicial overreach.
• Liedel v. The Juv. Court OF Madison Cnty.
  891 F.2d 1542· 11th Cir.· 1990-01-16 ·cited 21×·via Section 1983
  The federal district court properly dismissed the plaintiffs' complaint for lack of jurisdiction, as it sought to review final state court judgments and enjoin ongoing state proceedings.
• Baez v. Hennessy
  853 F.2d 73· 2d Cir.· 1988-07-27 ·cited 21×
  A District Attorney is absolutely immune from civil liability for prosecutorial acts, and a county is not liable for a District Attorney's prosecutorial acts as they do not represent official county policy.
• Boring v. Kozakiewicz
  833 F.2d 468· 3d Cir.· 1987-11-16 ·cited 21×
  The court held that the Estelle v. Gamble Eighth Amendment standard for convicted prisoners does not apply to pretrial detainees, and the trial court erred in granting a directed verdict based on that standard.