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

• Smith v. City OF Chicago
  820 F.2d 916· 7th Cir.· 1987-06-10 ·cited 21×
  The court held that the plaintiff's § 1983 action was barred by res judicata because it arose from the same core operative facts as his prior Shakman petition, which had been dismissed on the merits.
• Costello v. Town OF Fairfield
  811 F.2d 782· 2d Cir.· 1987-02-12 ·cited 21×
  The court held that appellants were accorded all the process they were due, as post-deprivation remedies were adequate for their claims regarding pension calculations.
• Johnson v. Sieber
  799 F.2d 1396· 9th Cir.· 1986-09-18 ·cited 21×·via 42 U.S.C. § 1983 Liability
  The court held that the appellants failed to raise any valid constitutional issues, thus summary judgment for the defendants was proper.
• Salahuddin v. Harris
  782 F.2d 1127· 2d Cir.· 1986-01-31 ·cited 21×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that dismissal under Rule 37(d) was improper because the plaintiff appeared for his deposition, and dismissal under Rule 37(b)(2) was improper because no court order was violated. Furthermore, neither Rule 16(f) nor Rule 41(b) justified the dismissal.
• Donny Joel Harvey v. Andrist
  754 F.2d 569· 5th Cir.· 1985-03-04 ·cited 21×
  The court held that the district court properly dismissed claims challenging the validity of detention for failure to exhaust habeas corpus remedies and properly dismissed other claims on the merits.
• Stern v. Shouldice
  706 F.2d 742· 6th Cir.· 1983-04-15 ·cited 21×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the appeal was timely filed. It affirmed the award of nominal damages, costs, and attorney's fees but reversed the award of back pay and prejudgment interest against the individual defendants.
• Evans v. Carlton Croom
  650 F.2d 521· 4th Cir.· 1981-06-04 ·cited 21×
  The district court's rule for assessing partial filing fees for prisoner litigants is permissible, but remand is necessary to ensure prisoners have adequate notice and opportunity to explain account withdrawals.
• The Penthouse, Inc. v. Saba
  399 So. 2d 456· Fla. 2d DCA· 1981-06-03 ·cited 21×·via 42 U.S.C. § 1983 Liability
  Penthouse Inc. sued individual Sarasota County commissioners under 42 U.S.C. § 1983, alleging they arbitrarily withheld approval of a condominium site plan in violation of zoning ordinances. The court affirmed the dismissal, holding that while officials have qualified immunity fo
• Moishe Meyer Rosen v. The Port OF Portland
  641 F.2d 1243· 9th Cir.· 1981-03-05 ·cited 21×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that an airport ordinance requiring advance notice and identification for demonstrations is a valid restriction on First Amendment rights.
• James v. Ball
  613 F.2d 180· 9th Cir.· 1979-10-12 ·cited 21×
  The court held that the Arizona statutes limiting voting in Salt River Project elections to landowners, with votes apportioned by acreage, violate the Equal Protection Clause of the Fourteenth Amendment because the District's operations, including its extensive electric utility s
• Gosney v. Sonora Indep. Sch. Dist.
  603 F.2d 522· 5th Cir.· 1979-09-28 ·cited 21×·via Section 1983
  The court held that while the school district's no-outside-employment rule was facially valid, its selective and discriminatory enforcement against Mr. Gosney violated his Fourteenth Amendment right to equal protection.
• Cale v. The City OF Covington
  586 F.2d 311· 4th Cir.· 1978-11-03 ·cited 21×
  The court held that there is no implied cause of action for damages against a municipality under the Fourteenth Amendment, even with federal question jurisdiction, for the acts of its employees.
• Williams v. McCALL
  531 F.2d 1247· 5th Cir.· 1976-02-04 ·cited 21×
  The court held that the district court erred in dismissing the prisoner's civil rights complaint without affording him an opportunity to prove his allegations.
• Fay Monroe van Meter v. Morgan
  518 F.2d 366· 8th Cir.· 1975-05-20 ·cited 21×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court did not abuse its discretion in dismissing the prisoner's complaint as frivolous and duplicative of prior filings.
• Cruz v. Estelle
  497 F.2d 496· 5th Cir.· 1974-07-19 ·cited 21×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that an inmate's release from prison does not moot a claim for money damages under 42 U.S.C. § 1983, nor does it automatically negate the possibility of maintaining a class action. A hearing is required to determine these issues.
• Bach v. People OF the State OF Ill. & Peter B. Bensinger
  504 F.2d 1100· 7th Cir.· 1974-02-15 ·cited 21×·via 42 U.S.C. § 1983 Civil Rights Action
  Prison inmates have a right to be present during the opening of their incoming legal mail to maintain attorney-client confidentiality and access to courts.
• Baxter v. Carson Hendren
  121 F.4th 873· 11th Cir.· 2024-11-13 ·cited 20×·via 42 U.S.C. § 1983 (Excessive Force)
  Deputy Jafet Santiago-Miranda fired ten shots into a vehicle that was accelerating toward him after he issued multiple commands for the driver to stop, killing two young occupants, and the plaintiffs sued for excessive force, failure to render medical aid, and battery. The Eleven
• Jackson v. Swanger
  97 F.4th 1343· 11th Cir.· 2024-04-05 ·cited 20×·via 42 U.S.C. § 1983 (Excessive Force)
  Amber Jackson sued Atlanta police officers Cody Swanger and Jeremiah Brandt under federal civil rights law, alleging they unlawfully seized her without reasonable suspicion and that Brandt failed to intervene when Swanger used excessive force against her during a chaotic encounte
• Pesci v. Budz
  935 F.3d 1159· 11th Cir.· 2019-08-21 ·cited 20×·via 42 U.S.C. § 1983 Civil Rights Action
  A civil detainee at a for-profit facility for sexually violent predators challenged two policies restricting his publication of critical newsletters—a total ban on his inflammatory publication Duck Soup and a facility-wide page-limit policy applied to his successor publication Th
• Am. Charities for Reasonable Fundraising Reg., Inc. v. Pinellas Cnty.
  278 F. Supp. 2d 1301· M.D. Fla.· 2003-06-24 ·cited 20×·via 42 U.S.C. § 1983 Civil Rights Action
  The court adopted the magistrate judge's recommendation to award plaintiffs $257,151.03 in attorneys' fees and $9,938.35 in costs and expenses.
• Colburn v. Upper Darby Twp.
  946 F.2d 1017· 3d Cir.· 1991-10-10 ·cited 20×
  The court held that the plaintiff failed to present sufficient evidence that the custodial officers knew or should have known of the detainee's particular vulnerability to suicide, and thus, their actions did not rise to the level of reckless indifference required for a § 1983 cl
• Thompson v. City OF Starkville
  901 F.2d 456· 5th Cir.· 1990-05-03 ·cited 20×·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the denial of summary judgment on the First Amendment claim, finding the employee's speech addressed matters of public concern, but reversed the denial on the Fourteenth Amendment claim for failure to state a claim.
• Francis v. Coughlin
  891 F.2d 43· 2d Cir.· 1989-12-04 ·cited 20×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that an inmate has a clearly established constitutional right to a hearing before an unbiased officer and to be informed of and comment on adverse evidence, but not a right to be present during the testimony of witnesses.
• Revene v. Charles Cnty. Comm'rs
  882 F.2d 870· 4th Cir.· 1989-08-14 ·cited 20×·via 42 U.S.C. § 1983 Liability
  The court held that the dismissal of the § 1983 claim and state law tort claim against the deputy sheriff in his individual capacity was error, but dismissal of claims against the Sheriff, Office of Sheriff, and County Commissioners was proper.
• Murray v. Silberstein
  882 F.2d 61· 3d Cir.· 1989-08-10 ·cited 20×
  The appeal is dismissed as moot because the appellant is judicially estopped from seeking damages after previously arguing that damages were unavailable and obtaining injunctive relief based on that argument.
• Hammond v. Baldwin
  866 F.2d 172· 6th Cir.· 1989-01-18 ·cited 20×·via § 1983
  The court held that the Offutts' claims of bias and property damage were not ripe for judicial review because they had not exhausted state administrative remedies or obtained a final decision from the state agency.
• Jackson Warren v. City OF Lincoln
  864 F.2d 1436· 8th Cir.· 1989-01-04 ·cited 20×
  The dissenting judges argue that the majority erred by finding probable cause for arrest as a matter of law. They assert that probable cause in section 1983 actions is a question of fact for the jury, and that the majority's conclusion was inappropriate given the concessions made
• Wells v. Woodson D. Walker
  852 F.2d 368· 8th Cir.· 1988-07-26 ·cited 20×
  The court held that ordinary negligence by government officials in releasing a prisoner does not constitute a "deprivation" of constitutional rights under 42 U.S.C. § 1983, even if the prisoner subsequently harms a third party.
• Freeze v. Griffith
  849 F.2d 172· 5th Cir.· 1988-07-11 ·cited 20×·via 42 U.S.C. § 1983 Liability
  The court held that various officials were immune from liability under § 1983 and that the remaining claims were barred by prescription or lacked merit. The court also taxed costs against the appellant for frivolous appeals.
• Robinson v. Bibb
  840 F.2d 349· 6th Cir.· 1988-02-26 ·cited 20×
  A police officer cannot claim qualified immunity for using deadly force against a fleeing felon if the law regarding such force was clearly established by a circuit court decision, even if the officer was personally unaware of the decision.
• Exeter-West Greenwich Reg'l Sch. Dist. v. Pontarelli
  788 F.2d 47· 1st Cir.· 1986-04-04 ·cited 20×
  The court held that attorney's fees under 42 U.S.C. § 1988 can be awarded for work done on a state-law issue certified to a state supreme court, even if the federal § 1983 claim is dismissed as moot, and that the Eleventh Amendment does not bar such an award.
• Perrin v. Donnie Anderson and Roland Von Schriltz
  784 F.2d 1040· 10th Cir.· 1986-02-27 ·cited 20×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that evidence of prior violent encounters was admissible as habit evidence, and a report by the Shooting Review Board was admissible under the public records exception to the hearsay rule. Remarks about personal liability were permissible due to the claim for punit
• Lemuel Cannon, Jr. v. Taylor
  782 F.2d 947· 11th Cir.· 1986-02-20 ·cited 20×
  A person injured in an automobile accident caused by a police officer's negligent operation of a vehicle does not have a section 1983 cause of action for violation of a federal right, as such negligence does not rise to the level of a constitutional deprivation.
• Thomas v. Booker
  784 F.2d 299· 8th Cir.· 1986-02-14 ·cited 20×
  The court held that the jury improperly apportioned indivisible actual damages among defendants, requiring vacation of the award and remand for a new trial on actual damages.
• Lovell v. City OF Kankakee
  783 F.2d 95· 7th Cir.· 1986-02-11 ·cited 20×
  The court held that the district court abused its discretion in denying attorney's fees because the plaintiffs were prevailing parties, as their lawsuit was causally linked to the defendants' stipulation not to enforce the sign ordinance.
• Corbitt v. Andersen
  778 F.2d 1471· 10th Cir.· 1985-12-11 ·cited 20×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that there was sufficient evidence to support the jury's findings that the defendant violated the plaintiff's civil rights and tortiously interfered with his contracts, and that the action was not time-barred.
• Garcia v. Bd. OF Educ. OF the Socorro Consol. Sch. Dist.
  777 F.2d 1403· 10th Cir.· 1985-11-22 ·cited 20×·via Section 1983
  The court held that the school board and its members in their official capacities are immune from suit under the Eleventh Amendment, and that the actual malice standard applies to defamation claims brought by public officials against non-media defendants.
• de Arroyo v. Barcelo
  765 F.2d 275· 1st Cir.· 1985-06-26 ·cited 20×·via Section 1983
  Plaintiffs who achieve a significant benefit through their lawsuit, even without a formal judgment or settlement, can be considered prevailing parties for attorney's fees under 42 U.S.C. § 1988 if the suit acted as a catalyst for the defendants' actions.
• Heller v. Bushey
  759 F.2d 1371· 9th Cir.· 1985-05-01 ·cited 20×·via 42 U.S.C. § 1983 Liability
  The jury's verdict for the arresting officer does not preclude claims against municipal entities based on policy or custom, nor does it preclude claims against individual officials who may have authorized unconstitutional conduct.
• Patterson v. Twp. OF Grand Blanc
  760 F.2d 686· 6th Cir.· 1985-04-24 ·cited 20×
  The court held that dismissing a plaintiff's case with prejudice due to counsel's repeated failures to comply with court orders, without considering alternative sanctions, constituted an abuse of discretion.
• Raley v. Fraser
  747 F.2d 287· 5th Cir.· 1984-11-26 ·cited 20×·via 42 U.S.C. § 1983 (Excessive Force)
  A plaintiff who loses on a Section 1983 claim, even if successful on a pendent state law claim, is not a prevailing party entitled to attorney's fees under 42 U.S.C. § 1988.
• Aminta Flores v. Edinburg Consol. Indep. Sch. Dist.
  741 F.2d 773· 5th Cir.· 1984-09-17 ·cited 20×
  The court held that the plaintiff failed to establish that the injury resulted from an official policy, custom, or practice of the school district, thus reversing the district court on the section 1983 claim.
• Osborne v. Emory Folmar
  735 F.2d 1316· 11th Cir.· 1984-07-06 ·cited 20×
  A plaintiff may challenge a pardon or parole decision on equal protection grounds even if they lack a liberty interest for a due process claim.
• Hughes v. Chesser
  731 F.2d 1489· 11th Cir.· 1984-04-30 ·cited 20×·via § 1983 Suit
  A state probation officer is entitled to absolute immunity from civil damages when preparing and submitting a presentence report.
• Bier v. Fleming
  717 F.2d 308· 6th Cir.· 1983-09-19 ·cited 20×·via 42 U.S.C. § 1983 Civil Rights Action
  Appellant Alatis' actions did not constitute state action for purposes of 42 U.S.C. § 1983, and appellant Fleming is entitled to qualified immunity.
• Sampson v. King
  693 F.2d 566· 5th Cir.· 1982-12-14 ·cited 20×
  The court held that the magistrate erred in enjoining the use of Parathion and awarding damages, as the prison officials were immune from liability and their actions did not constitute cruel and unusual punishment.
• Walker v. Prisoner Review Bd.
  694 F.2d 499· 7th Cir.· 1982-12-02 ·cited 20×
  The court held that a parole candidate's claim of denial of access to documents considered by the parole board is cognizable under § 1983 and that the board's own rule mandates such access, implementing due process requirements.
• Est. OF Arthur Smith, Jr. v. Tarrant Cnty. Hosp. Dist.
  691 F.2d 207· 5th Cir.· 1982-11-08 ·cited 20×
  The court held that a summary judgment rendered without proper notice and opportunity to be heard violates procedural rules and must be vacated.
• Switlik v. Hardwicke Co., Inc.
  651 F.2d 852· 3d Cir.· 1981-06-08 ·cited 20×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a federal civil rights action under 42 U.S.C. § 1983 is barred by res judicata and collateral estoppel if the constitutional issues were fully litigated in prior state court proceedings. The court affirmed the district court's dismissal of the action.
• Jackson v. State OF Miss.
  644 F.2d 1142· 5th Cir.· 1981-05-14 ·cited 20×
  The court held that the district court erred in granting summary judgment on the claim that prison officials violated a prior injunction requiring careful vetting of trusty shooters, as this injunction established a clearly defined constitutional right. However, summary judgment