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

• Galas v. Richard McKEE & the Metro. Gov't of Nashville
  801 F.2d 200· 6th Cir.· 1986-09-11 ·cited 17×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a high-speed police pursuit of a traffic offender does not constitute an unreasonable seizure under the Fourth Amendment, nor does it violate the Fourteenth or Eighth Amendments. The court affirmed the grant of summary judgment for the defendants.
• Anela v. City OF Wildwood
  790 F.2d 1063· 3d Cir.· 1986-05-22 ·cited 17×·via 42 U.S.C. § 1983 Liability
  The court held that a municipality's adherence to a state judge's illegal bail schedule, even if blatantly illegal, does not constitute a municipal policy for Monell liability purposes.
• Wilson v. Beebe
  612 F.2d 275· 6th Cir.· 1980-01-04 ·cited 17×·via 42 U.S.C. § 1983 Liability
  A § 1983 action will not lie against police supervisory officers for failure to prevent misconduct absent a showing of direct responsibility.
• Francesco G. Campiti v. Walonis
  611 F.2d 387· 1st Cir.· 1979-12-18 ·cited 17×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that intercepting and disclosing a prison inmate's telephone conversation without consent, even using prison equipment, violates federal and state wiretapping statutes, and that a good faith belief that the interception was legal does not constitute a defense witho
• Myers v. Bull
  599 F.2d 863· 8th Cir.· 1979-06-11 ·cited 17×
  The court held that a police officer testifying in a judicial proceeding is not acting under color of law and that witnesses are absolutely immune from civil suits for their testimony, even if perjured.
• Thurston v. Dekle
  578 F.2d 1167· 5th Cir.· 1978-08-28 ·cited 17×·via 42 U.S.C. § 1983 Liability For Municipalities
  The court held that municipalities can be sued under 42 U.S.C. § 1983 for constitutional violations implementing official policy, and vacated a back pay award for reconsideration in light of Monell.
• Moore v. Miami-Dade Cnty.
  502 F. Supp. 2d 1224· S.D. Fla.· 2007-07-18 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiff failed to state a claim against the county under 42 U.S.C. § 1983 and that the defendant officers were entitled to qualified immunity due to insufficient factual allegations.
• Robinson v. Crosby
  358 F.3d 1281· 11th Cir.· 2004-02-03 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Action
  A death-row inmate filed a § 1983 lawsuit two days before his scheduled execution, challenging lethal injection as cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. The Eleventh Circuit affirmed the district court's dismissal for lack of jurisdict
• Dickinson v. Marla E. Gonzalez
  839 So. 2d 709· Fla. 3d DCA· 2003-01-02 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The Third District Court of Appeal reversed a damages judgment against the Florida Department of Highway Safety and Motor Vehicles and Trooper Jacqueline Gipson for false arrest and civil rights violations arising from an allegedly improper DUI arrest. The court held that the Dep
• Talmadge McDONALD, III v. Haskins
  966 F.2d 292· 7th Cir.· 1992-07-01 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the complaint sufficiently pleaded a violation of a clearly established constitutional right to survive a motion to dismiss based on qualified immunity.
• Manarite v. City OF Springfield
  957 F.2d 953· 1st Cir.· 1992-03-05 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The court held that the municipality and police chief were not liable under § 1983 for the detainee's suicide, as their actions did not rise to the level of deliberate indifference, and a minor child cannot assert a claim for loss of familial association when the state action was
• Winston v. Child. & Youth Servs. OF Del. Cnty.
  948 F.2d 1380· 3d Cir.· 1991-11-07 ·cited 16×
  The court held that the plaintiffs' request for declaratory relief regarding visitation policies was not moot, and the Adoption Assistance and Child Welfare Act's "reasonable efforts" clause creates enforceable rights, though a specific minimum visitation period was not establish
• Wilson v. Mel Bailey
  934 F.2d 301· 11th Cir.· 1991-06-24 ·cited 16×·via Section 1983
  The court held that the district court did not err in granting summary judgment for the Personnel Board and the County, and that its findings regarding the Sheriff's promotion decisions were not clearly erroneous.
• Thelma D. and Dawn D. v. The Bd. OF Educ. OF the City OF ST. Louis
  934 F.2d 929· 8th Cir.· 1991-05-29 ·cited 16×·via 42 U.S.C. § 1983 Liability
  A local governmental entity cannot be held liable under 42 U.S.C. § 1983 for a custom of failing to investigate or train unless there is a widespread pattern of misconduct and the entity had notice, which was not shown here.
• Kaminsky v. Rosenblum
  929 F.2d 922· 2d Cir.· 1991-04-09 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that it lacked appellate jurisdiction to hear the appeal from the denial of summary judgment because the resolution of the qualified immunity defense turned on disputed issues of fact.
• Turner v. Upton Cnty.
  915 F.2d 133· 5th Cir.· 1990-09-11 ·cited 16×·via 42 U.S.C. § 1983 Liability For Municipalities
  A county can be held liable under 42 U.S.C. § 1983 for the actions of its sheriff if the sheriff is the final policymaker for law enforcement and abuses that authority, even without proof of an official county policy or custom.
• Wesson v. Lt. Roy Oglesby
  910 F.2d 278· 5th Cir.· 1990-09-05 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that a prisoner's claims of excessive force and denial of medical treatment lacked an arguable legal basis, even though the magistrate improperly made credibility determinations.
• Wheeler v. City OF Pleasant Grove
  896 F.2d 1347· 11th Cir.· 1990-03-22 ·cited 16×
  The court held that the district court erred in its calculation of damages for a temporary regulatory taking, and awarded a specific amount based on the market rate return on the lost development value.
• Leach v. Shelby Cnty. Sheriff & Mayor of Shelby Cnty.
  891 F.2d 1241· 6th Cir.· 1989-12-20 ·cited 16×·via 42 U.S.C. § 1983 Liability
  A municipality can be held liable under 42 U.S.C. § 1983 for deliberate indifference to a prisoner's serious medical needs, even if medical care is subcontracted, if the failure to supervise or the ratification of unconstitutional acts amounts to an official policy or custom.
• Anant Kumar Tripati v. Beaman
  878 F.2d 351· 10th Cir.· 1989-07-07 ·cited 16×
  The court held that while district courts have broad discretion to impose restrictions on vexatious litigants, such restrictions must be accompanied by clear guidelines for obtaining permission to file and the litigant must be given notice and an opportunity to be heard.
• Meriwether v. Coughlin
  879 F.2d 1037· 2d Cir.· 1989-06-30 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The court held that a new trial should be granted on the First Amendment claim, and that the denial of judgment n.o.v. on the Eighth Amendment claim should be reversed.
• Johnson v. Kegans
  870 F.2d 992· 5th Cir.· 1989-04-24 ·cited 16×·via Section 1983
  Judges and prosecutors are absolutely immune from liability for damages for acts intimately connected with the judicial and parole-granting processes, and the plaintiff failed to state a claim for injunctive relief.
• Aurora Figueroa v. Hon. Awilda Aponte-Roque
  864 F.2d 947· 1st Cir.· 1989-01-04 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The court held that the Secretary of Education was not liable for the janitor's termination because the plaintiff failed to demonstrate a causal link between the Secretary's actions and the alleged harm. The court affirmed the jury's verdict for the clerical employees.
• McDOWELL v. R.R. Rogers
  863 F.2d 1302· 6th Cir.· 1988-12-27 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  A jury could find that the use of a nightstick on a handcuffed, non-resisting arrestee constituted an unreasonable seizure under the Fourth Amendment, even without proof of serious injury.
• Williams v. Butler
  863 F.2d 1398· 8th Cir.· 1988-12-21 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The acts of a municipal judge in discharging a court clerk are attributable to the City for purposes of 42 U.S.C. § 1983 liability, as the judge possesses final policymaking authority in employment matters concerning court clerks under state law.
• Brown v. Hartshorne Pub. Sch. Dist. #1
  864 F.2d 680· 10th Cir.· 1988-12-20 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court erred in granting summary judgment based on failure to exhaust administrative remedies, as the plaintiff's claims were either properly exhausted or reasonably related to her EEOC charge, and the section 1983 claim did not require such exhaus
• Video Int'l Prod., Inc. v. Warner-Amex Cable Commc'ns, Inc.
  858 F.2d 1075· 5th Cir.· 1988-10-31 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The City of Dallas cannot be held liable under the Sherman Act or section 1983 for issuing notices of zoning violations because these notices lacked legal finality and did not constitute a final determination causing concrete injury.
• Hammond v. Cnty. OF Madera
  859 F.2d 797· 9th Cir.· 1988-10-19 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The court held that the County's ratification of its subordinates' actions in acquiring improper deeds and incorporating roads without valid rights-of-way constituted reckless disregard for plaintiffs' constitutional rights, making the County liable under § 1983. The court also h
• Harris v. Fleming
  839 F.2d 1232· 7th Cir.· 1988-02-10 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiff raised genuine issues of material fact regarding retaliation for exercising his right of access to the courts, warranting reversal of summary judgment on that claim.
• Garrett v. Rader
  831 F.2d 202· 10th Cir.· 1987-10-13 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The court held that the law requiring protection of personal security for inmates was clearly established at the time of the inmate's death, thus denying qualified immunity at the summary judgment stage.
• Watertown Equip. Co. & Edward Moe, Jr. v. Norwest Bank Watertown, N.A.
  830 F.2d 1487· 8th Cir.· 1987-10-08 ·cited 16×
  The court held that the South Dakota attachment statute, as applied, violated clearly established due process rights, and therefore the defendants were not entitled to qualified immunity.
• Smith v. Detroit Fed'n OF Teachers, Local 231, Am. Fed'n OF Teachers, AFL-CIO
  829 F.2d 1370· 6th Cir.· 1987-09-29 ·cited 16×
  The court held that by failing to object to the magistrate's recommendation that individual plaintiffs not be liable for attorney fees, the defendant waived that argument on appeal. The court also held that the district court did not abuse its discretion in declining to assess at
• Commonwealth Bank & Tr. Co., N.A. v. Dale "Bill" Russell
  825 F.2d 12· 3d Cir.· 1987-08-10 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiffs' claim under 42 U.S.C. § 1983 was too remote a consequence of the defendants' actions to establish liability, as the Lents were members of the general public and not in a special relationship with the county officials.
• Lopez v. Houston Indep. Sch. Dist.
  817 F.2d 351· 5th Cir.· 1987-05-26 ·cited 16×·via 42 U.S.C. § 1983 Liability
  Summary judgment for the school district and supervisors was proper, but summary judgment for the bus driver was not, as genuine issues of material fact exist regarding his liability under 42 U.S.C. § 1983 for callous indifference.
• Cameron v. City OF Pontiac
  813 F.2d 782· 6th Cir.· 1987-03-13 ·cited 16×
  The court held that the officers' use of deadly force did not constitute a seizure under the Fourth Amendment because the decedent was not physically restrained, and the use of firearms was not the proximate cause of his death.
• Paisey v. Honorable Linda L. Vitale
  807 F.2d 889· 11th Cir.· 1986-12-23 ·cited 16×·via Section 1983
  The court held that merely filing a state court action, even if retaliatory, does not constitute "under color of state law" for a Section 1983 claim, and thus the plaintiff failed to state a claim for injunctive relief.
• Perry v. Larson
  794 F.2d 279· 7th Cir.· 1986-06-23 ·cited 16×
  The court affirmed the jury's verdict, holding that there was sufficient evidence to support findings of political retaliation, improper evidentiary rulings did not deny a fair trial, and damages were properly calculated.
• Hill v. The City OF Houston
  789 F.2d 1103· 5th Cir.· 1986-05-14 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the ordinance is facially and substantially overbroad, violating the First Amendment's guarantee of free speech, and thus is unconstitutional.
• Williams v. Kobel
  789 F.2d 463· 7th Cir.· 1986-04-16 ·cited 16×
  The court held that the district court abused its discretion in awarding attorney's fees to the prevailing defendants because the plaintiff's section 1983 action was not frivolous, unreasonable, or without foundation.
• Deane v. Dunbar
  777 F.2d 871· 2d Cir.· 1985-11-26 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The court held that prison officials are not liable under 42 U.S.C. § 1983 for placing inmates in protective custody without due process because the law regarding prisoners' procedural rights was not clearly established at the time of the conduct.
• van Ooteghem v. Hartsell Gray
  774 F.2d 1332· 5th Cir.· 1985-10-29 ·cited 16×·via 42 U.S.C. § 1983 Liability
  A Texas county is liable for its Treasurer's unconstitutional firing of an employee, but reinstatement is not appropriate when a new Treasurer with appointment power has been elected; attorney fees were improperly calculated.
• Zellmer Fromm and Marilyn Tucker v. Rosewell
  771 F.2d 1089· 7th Cir.· 1985-08-29 ·cited 16×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that principles of comity and the Tax Injunction Act bar federal court review of state tax assessment disputes when adequate state remedies exist. The taxpayer objection procedure in Illinois is considered such a remedy.
• Lewis v. Thigpen
  767 F.2d 252· 5th Cir.· 1985-08-08 ·cited 16×
  The court held that the trial court abused its discretion in denying a pro se litigant's untimely jury trial demand based on ignorance of procedural rules, and that the harmless error analysis could not be applied without resolving the liberty interest issue.
• Porm v. White
  762 F.2d 635· 8th Cir.· 1985-05-16 ·cited 16×
  The court held that the evidence presented was sufficient to allow a jury to find that Dewey Tindle was deliberately indifferent to a pervasive risk of harm to inmate Porm, but not that Superintendent Carl White was deliberately indifferent.
• Traughber v. Beauchane
  760 F.2d 673· 6th Cir.· 1985-04-22 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Action
  Federal courts should not abstain from hearing a § 1983 claim challenging state attachment procedures when state remedies are inadequate or uncertain.
• MacKo v. Byron
  760 F.2d 95· 6th Cir.· 1985-04-15 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that plaintiffs' second amended complaint failed to state a claim upon which relief could be granted under 42 U.S.C. § 1983.
• Young v. City OF NEW Orleans
  751 F.2d 794· 5th Cir.· 1985-02-01 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  The court affirmed the district court's rulings, finding no abuse of discretion in excluding expert testimony, granting directed verdicts on negligence claims, denying a new trial for inadequate damages, and dismissing counterclaims.
• Diggs v. Superintendent Edmond Lyons
  741 F.2d 577· 3d Cir.· 1984-07-30 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  The majority opinion creates a circuit split by holding that in civil cases, the admission of prior felony convictions for impeachment of any witness is mandatory, outside the discretion of Rule 403.
• Stone v. City OF Chicago
  738 F.2d 896· 7th Cir.· 1984-07-20 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that jury verdicts were not inconsistent and that the jury instruction regarding the burden of proof for defenses was not erroneous.
• Campbell v. W.R. Bowlin
  724 F.2d 484· 5th Cir.· 1984-02-06 ·cited 16×
  The court held that a post-judgment motion for attorney's fees is not a Rule 59(e) motion, thus not triggering the need for a new notice of appeal. The court also held that a directed verdict was inappropriate where credibility determinations were necessary.