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

• Robichaud v. Ronan
  351 F.2d 533· 9th Cir.· 1965-10-08 ·cited 100×·via 42 U.S.C. § 1983 Liability
  A prosecuting attorney is not immune from liability under 42 U.S.C. § 1983 when acting outside their quasi-judicial capacity, such as in an investigative or police-like role.
• Camby v. Davis
  718 F.2d 198· 4th Cir.· 1983-10-03 ·cited 98×
  A district court is not required to provide an explanation when adopting a magistrate's unopposed findings and recommendations on a dispositive motion.
• DOE v. NEW York City Dep't OF Soc. Servs.
  649 F.2d 134· 2d Cir.· 1981-05-13 ·cited 98×·via 42 U.S.C. § 1983 Liability
  The dissenting judge argues that the trial court's jury charge was proper when viewed as a whole and that other alleged errors do not warrant reversal.
• Luisa A. DE Abadia v. Hon. Luis Izquierdo Mora
  792 F.2d 1187· 1st Cir.· 1986-05-27 ·cited 97×·via 42 U.S.C. § 1983 Claim For Damages
  Defendants are entitled to qualified immunity because they could have reasonably believed the law was not clearly established against their actions at the time of the demotion.
• Waseem Daker v. Ward
  999 F.3d 1300· 11th Cir.· 2021-06-07 ·cited 96×
  Waseem Daker, a prisoner serving a life sentence who has filed hundreds of frivolous lawsuits in federal court, appealed the dismissal of his civil rights complaint alleging that Georgia prison officials violated his constitutional rights and religious freedom by forcibly shaving
• Depew v. City OF ST. Marys
  787 F.2d 1496· 11th Cir.· 1986-04-28 ·cited 96×
  The court held that the evidence was sufficient to support the jury's verdict finding the city liable under section 1983 for a custom or policy of police misconduct, and that the existence of adequate state remedies does not bar such a claim when constitutional rights are violate
• Withers v. Levine
  615 F.2d 158· 4th Cir.· 1980-02-05 ·cited 95×
  Prison officials have a constitutional duty under § 1983 to exercise reasonable care to protect inmates from pervasive risks of harm, and negligence in performing this duty can be actionable.
• Josephina Duchesne as Administratrix of the Estate of Pauline Perez v. Jule M. Sugarman
  566 F.2d 817· 2d Cir.· 1977-09-28 ·cited 94×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the prolonged retention of children without parental consent or prompt judicial ratification, despite repeated requests for their return, violated the mother's and children's due process rights.
• DeMartini v. Town of Gulf Stream
  942 F.3d 1277· 11th Cir.· 2019-11-21 ·cited 93×·via 42 U.S.C. § 1983 Civil Rights Action
  Denise DeMartini, a director of Citizens Awareness Foundation (CAFI), filed a federal lawsuit claiming the Town of Gulf Stream violated her First Amendment rights by retaliating against her with a civil RICO lawsuit in response to CAFI's filing of thousands of public records requ
• Coy Ray Campbell v. Beto
  460 F.2d 765· 5th Cir.· 1972-04-18 ·cited 93×·via § 1983 Suit
  The court held that the district court erred in refusing to docket the prisoner's suit, dismissing it without an opportunity for evidence, and denying an in forma pauperis appeal.
• Iranian Students Ass'n v. Edwards
  604 F.2d 352· 5th Cir.· 1979-10-09 ·cited 92×
  Plaintiffs who obtain relief through a consent decree in a § 1983 action are prevailing parties entitled to attorney's fees under § 1988.
• Tuley v. Heyd
  482 F.2d 590· 5th Cir.· 1973-08-03 ·cited 92×
  The court held that the district court erred in granting summary judgment because the factual record was insufficiently developed and the dismissal should have been without prejudice to allow amendment.
• Sears v. Vernia Roberts
  922 F.3d 1199· 11th Cir.· 2019-04-24 ·cited 91×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court erred in granting summary judgment by misinterpreting precedent and failing to view evidence in the light most favorable to the non-moving party.
• Everett v. Napper
  833 F.2d 1507· 11th Cir.· 1987-12-15 ·cited 91×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a firefighter's refusal to submit to a urinalysis based on reasonable suspicion did not violate the Fourth Amendment, but the suspension without pay prior to a hearing did violate procedural due process.
• Fulford v. Klein
  550 F.2d 342· 5th Cir.· 1977-04-08 ·cited 90×·via 42 U.S.C. § 1983 Claim For Damages
• Wilson v. Thompson
  593 F.2d 1375· 5th Cir.· 1979-05-01 ·cited 89×
  The court held that the trial court's finding that the state had no substantive interest in renewed prosecution was not clearly erroneous, and that the reactivation of prosecutions solely in response to a civil suit was tantamount to a finding of bad faith.
• Domenic Lund v. Affleck
  587 F.2d 75· 1st Cir.· 1978-11-21 ·cited 89×
  Attorneys' fees are recoverable under the Fees Act for successful pendent claims arising from the same nucleus of facts as a substantial § 1983 claim, and for time reasonably spent establishing the fee entitlement.
• Colburn v. Upper Darby Twp.
  838 F.2d 663· 3d Cir.· 1988-01-26 ·cited 88×·via § 1983
  The dissenting judge argues that allegations of gross negligence or deliberate indifference are insufficient to sustain a due process § 1983 claim, which requires pleading intentional action, abuse of power, or actions tantamount to intent.
• Clark v. Taylor
  710 F.2d 4· 1st Cir.· 1983-06-17 ·cited 88×·via 42 U.S.C. § 1983 Liability
  The court held that there was sufficient evidence to support the jury's verdicts against the individual defendants for constitutional and state law violations, but that the district court erred in exercising pendent jurisdiction over the State of Rhode Island.
• Mrs. Jimmie Lue Williams v. Kelley
  624 F.2d 695· 5th Cir.· 1980-08-22 ·cited 88×·via 42 U.S.C. § 1983 Liability
  The court held that the officers' conduct, while potentially a state law tort, did not rise to the level of a constitutional violation actionable under 42 U.S.C. § 1983.
• Blackwell v. Issaquena Cnty. Bd. OF Educ.
  363 F.2d 749· 5th Cir.· 1966-07-21 ·cited 88×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the school regulation forbidding the wearing of 'freedom buttons' was reasonable and necessary for maintaining school discipline, given the significant disruptions caused by the students' conduct.
• Spell v. McDANIEL
  824 F.2d 1380· 4th Cir.· 1987-07-24 ·cited 87×
  The court held that the evidence was sufficient to support the jury's finding of municipal liability against the City of Fayetteville under either a deficient training policy or a condoned custom theory, and affirmed the judgment on the merits.
• McKINNON v. City OF Berwyn
  750 F.2d 1383· 7th Cir.· 1984-12-19 ·cited 87×·via 42 U.S.C. § 1983 Liability
  The court held that the district judge erred in granting judgment notwithstanding the verdict for the City of Berwyn due to a procedural defect and that the plaintiff should have been offered a new trial instead of a remittitur on punitive damages against Montoro. The court also
• Duncan
  657 F.2d 691· 5th Cir.· 1981-09-28 ·cited 87×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that Georgia's special election statute requires a popular election for a vacancy on the Supreme Court and that the Fourteenth Amendment's due process clause protects against state officials' actions that seriously undermine the fairness of the electoral process.
• Gurule v. Wilson
  635 F.2d 782· 10th Cir.· 1980-12-01 ·cited 87×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a judgment is not final until attorneys fees are addressed, making the second amended judgment the final appealable order. The court also reinstated class certification and affirmed the order for defendants to comply with their own regulations.
• Morrison v. Wash. Cnty.
  700 F.2d 678· 11th Cir.· 1983-03-17 ·cited 85×·via 42 U.S.C. § 1983 Liability
  The court held that summary judgment was improperly granted for the hospital, doctor, county, commissioners, and sheriff, as genuine issues of material fact remained regarding their liability under federal and state law. The exclusion of expert testimony was also deemed erroneous
• Languirand v. Hayden
  717 F.2d 220· 5th Cir.· 1983-10-17 ·cited 84×·via 42 U.S.C. § 1983 Claim Against Municipality
• Hardy W. Ryland and Alma Odessa Ryland v. Shapiro
  708 F.2d 967· 5th Cir.· 1983-07-05 ·cited 83×
  The court held that plaintiffs stated a claim under section 1983 for deprivation of their constitutional right of access to the courts and that prosecutors were not entitled to absolute immunity for actions outside their quasi-judicial role.
• Richardson v. Les Fleming
  651 F.2d 366· 5th Cir.· 1981-07-22 ·cited 83×·via 42 U.S.C. § 1983 Civil Rights Action
  A retained attorney can be liable under 42 U.S.C. § 1983 if they conspire with state officials, even if the officials are immune, and exhaustion of state remedies is required if the § 1983 claim challenges the validity of confinement.
• McCLELLAND v. Facteau
  610 F.2d 693· 10th Cir.· 1979-11-19 ·cited 83×·via 42 U.S.C. § 1983 Liability
  Summary judgment for police chiefs on failure to train/supervise claims was inappropriate because a genuine issue of material fact existed regarding whether they had sufficient notice of prior misconduct and failed to act.
• Lohorn v. Michal
  913 F.2d 327· 7th Cir.· 1990-08-30 ·cited 82×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court erred in granting summary judgment based solely on the statutory label of 'policymaking position' without evidence of the actual duties and the necessity of party affiliation for effective performance.
• Arline M. Soderbeck v. Burnett Cnty.
  752 F.2d 285· 7th Cir.· 1985-01-04 ·cited 82×·via 42 U.S.C. § 1983 Liability
  The court held that a jury could find a public employee was wrongfully terminated for political reasons, but punitive damages require a showing of actual knowledge of violating rights, not just reckless indifference. The court also found the county could be liable for its own pol
• Bilbrey v. Garland Brown
  738 F.2d 1462· 9th Cir.· 1984-08-02 ·cited 82×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that settled law did not exist regarding the application of the Fourth Amendment to school searches at the time of the incident, and the district court erred in submitting the good faith immunity question to the jury.
• NEW York State Ass'n FOR Retarded Child., Inc. v. Carey
  711 F.2d 1136· 2d Cir.· 1983-06-15 ·cited 82×·via 42 U.S.C. § 1983 Litigation
  The concurring judge agrees with the majority opinion but expresses reservations about the hourly rate and bonus factor awarded to counsel.
• Bryan v. Jones
  530 F.2d 1210· 5th Cir.· 1976-04-30 ·cited 82×
• Morris v. Travisono
  528 F.2d 856· 1st Cir.· 1976-01-22 ·cited 82×·via 42 U.S.C. § 1983 Liability
  The court affirmed the district court's judgment, holding that the defendants' failure to properly object to jury instructions under Fed.R.Civ.P. 51 precluded appellate review of the substantive legal issues.
• Wade v. Haynes
  663 F.2d 778· 8th Cir.· 1981-11-09 ·cited 81×
  The court held that punitive damages in a § 1983 action require a finding of actual malice, not merely reckless or callous disregard for a prisoner's rights.
• Kostka v. Hogg
  560 F.2d 37· 1st Cir.· 1977-08-04 ·cited 81×·via 42 U.S.C. § 1983 Liability
  Federal courts should not infer a right of action for damages against political subdivisions for constitutional violations by their employees, as this is inconsistent with the interpretation of 42 U.S.C. § 1983 and not constitutionally compelled.
• L.S.T., Inc. v. Crow
  49 F.3d 679· 11th Cir.· 1995-04-06 ·cited 80×·via 42 U.S.C. § 1983 Liability
  Polk County sheriff's deputies arrested several individuals at a nightclub following disturbances on April 15 and May 6, 1990. The arrested individuals and the nightclub owner sued under 42 U.S.C. § 1983 for false arrest and other federal and state law violations. The Eleventh Ci
• Shauna Supre v. James G. Ricketts, Ph.D.
  792 F.2d 958· 10th Cir.· 1986-06-02 ·cited 80×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiff's lawsuit was not causally linked to the securing of relief and the defendant's conduct was not legally required, thus the plaintiff is not a prevailing party under § 1988.
• Martin v. White
  742 F.2d 469· 8th Cir.· 1984-08-29 ·cited 80×·via 42 U.S.C. § 1983 Liability
  The court held that the magistrate erred in granting a directed verdict for the prison superintendent, as the plaintiffs presented sufficient evidence of reckless disregard for their Eighth Amendment rights to proceed to a jury.
• Garcia v. Wilson
  731 F.2d 640· 10th Cir.· 1984-03-30 ·cited 80×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a uniform characterization of all section 1983 claims is necessary to establish a consistent approach to selecting state statutes of limitations.
• Rainey v. Jackson State Coll.
  551 F.2d 672· 5th Cir.· 1977-05-02 ·cited 80×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the Civil Rights Attorney's Fees Awards Act of 1976 applies to pending cases, including those where only attorneys' fees remain unresolved, and that the Eleventh Amendment does not bar fee awards against a state in such cases.
• Byrd v. Brishke
  466 F.2d 6· 7th Cir.· 1972-07-18 ·cited 79×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the trial judge erred in granting directed verdicts by improperly weighing evidence and applying the wrong standard, and that the plaintiff was entitled to have his case submitted to the jury against certain officers.
• Digit. Props., Inc. v. City OF Plantation
  121 F.3d 586· 11th Cir.· 1997-09-05 ·cited 78×·via 42 U.S.C. § 1983 Civil Rights Action
  Digital Properties sought to establish an adult bookstore and video rental business in Plantation, Florida, but filed a federal lawsuit challenging the city's zoning ordinance as unconstitutional after a single conversation with a non-supervisory zoning employee, without pursuing
• Brandenburger v. Myron B. Thompson
  494 F.2d 885· 9th Cir.· 1974-03-25 ·cited 78×·via 42 U.S.C. § 1983 Litigation
  The court held that a litigant represented by a public interest group without charge can still be awarded attorneys' fees under the private attorney general doctrine.
• Smith v. Ferron C. Losee
  485 F.2d 334· 10th Cir.· 1973-08-22 ·cited 78×·via 42 U.S.C. § 1983 Civil Rights Action
  The dissenting judge argues that board members are liable for failing to investigate facts, even if they acted in good faith, and that damages awarded were excessive.
• Louella T. Bradberry v. Pinellas Cnty.
  789 F.2d 1513· 11th Cir.· 1986-05-23 ·cited 77×·via 42 U.S.C. § 1983 Liability
  A local governmental body does not deprive a person of their right to life under 42 U.S.C. § 1983 when it grossly negligently trains an agent who then fails in an attempt to rescue that person from an existing peril not created by the agency.
• Hays v. Jefferson Cnty.
  668 F.2d 869· 6th Cir.· 1982-01-04 ·cited 77×·via 42 U.S.C. § 1983 Liability
  The dissenting judges argue that the panel decision incorrectly applies standards for municipal liability under 42 U.S.C. § 1983 and the Fourteenth Amendment, particularly regarding 'failure to train' and the 'policy or custom' requirement.
• Slotnick v. Staviskey
  560 F.2d 31· 1st Cir.· 1977-07-28 ·cited 77×
  The court held that a plaintiff's § 1983 conspiracy claim against private parties acting with immune state officials fails if the complaint lacks specific factual allegations of conspiracy and if the alleged procedural defects do not rise to the level of constitutional violations