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

• Heath v. Cleary
  708 F.2d 1376· 9th Cir.· 1983-06-17 ·cited 16×
  The court held that exhaustion of administrative remedies is not a prerequisite for a § 1983 action, and collateral estoppel does not bar the action because the state court did not decide the substantive issues.
• Battle v. Park Anderson
  708 F.2d 1523· 10th Cir.· 1983-05-06 ·cited 16×
  A court should exercise supervisory power over a prison system until it can assure not only that constitutional violations do not presently exist, but also that there is no reasonable expectation that unconstitutional conditions will recur.
• Holt v. Pitts
  702 F.2d 639· 6th Cir.· 1983-03-25 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Action
  A prisoner's constitutional right of access to the courts is satisfied when the state provides adequate legal counsel, even if the prisoner denies access to personal law books.
• Fletcher Altman Smith v. Heath
  691 F.2d 220· 6th Cir.· 1982-09-29 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The court held that a supervisory official cannot be held liable under § 1983 for the actions of subordinates unless the supervisor personally participated in or affirmatively authorized the misconduct.
• Searing v. Hayes
  684 F.2d 694· 10th Cir.· 1982-07-30 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that collateral estoppel barred the plaintiffs' civil rights action because they had a full and fair opportunity to litigate the legality of the search warrant in state court, even though they did not receive a Franks evidentiary hearing.
• Edwards v. Ark. Power & Light Co.
  683 F.2d 1149· 8th Cir.· 1982-07-08 ·cited 16×
  The court applies Pullman abstention, finding unsettled state law questions regarding res judicata and bad-faith claims may determine the federal due process claim.
• Hillis v. Stephen F. Austin State Univ.
  665 F.2d 547· 5th Cir.· 1982-01-11 ·cited 16×
  The court held that the district court clearly erred in its factual findings regarding the plaintiff's First Amendment claims and that the plaintiff would not have been renewed regardless of any protected activity.
• Seyfried v. Walton
  668 F.2d 214· 3d Cir.· 1981-12-29 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Action
  A public school superintendent's decision to cancel a school-sponsored dramatic production due to its sexual content does not violate students' First Amendment rights when the play is considered part of the educational curriculum.
• Wiggins v. NEW Mexico State Supreme Court Clerk
  664 F.2d 812· 10th Cir.· 1981-11-24 ·cited 16×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that a prisoner's pro se civil rights complaint alleging constitutional deprivations should not be dismissed unless it appears beyond doubt that no relief can be granted.
• Adolph Lyons v. City OF LOS Angeles
  656 F.2d 417· 9th Cir.· 1981-08-17 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the order granting a preliminary injunction and dismissed the cross-appeal.
• Sala v. Cnty. OF Suffolk
  604 F.2d 207· 2d Cir.· 1979-08-17 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The court held that a municipality is afforded immunity from damages under § 1983 when its policy was not constitutionally infirm under then-existing law and there was no evidence of bad faith by those formulating the policy.
• Annabel Stoddard v. Sch. Dist. NO. 1
  590 F.2d 829· 10th Cir.· 1979-01-05 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The court held that a school district could be liable under 42 U.S.C. § 1983 for the actions of its Board of Trustees, and that a jury's finding of bad faith and constitutionally impermissible reasons for non-renewal, despite a general verdict against individual defendants, could
• Edwards v. Joyner
  566 F.2d 960· 5th Cir.· 1978-01-27 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court did not abuse its discretion in denying the Rule 60(b) motion, and this denial is affirmed.
• Sell v. Parratt
  548 F.2d 753· 8th Cir.· 1977-02-02 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that Nebraska prison officials could not permanently confiscate money found in inmates' possession without express statutory authority, as such confiscation without due process violates the Fourteenth Amendment.
• Application of Dr. Frank Kacher for an Order staying Writs of Replevin at Nos. 2966 & 2967 July Term v. Pittsburgh Nat'l Bank
  545 F.2d 842· 3d Cir.· 1976-11-02 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Action
  The majority held that Fuentes v. Shevin would not be applied retroactively to foreclosure proceedings commenced before its decision, barring Kacher's claim for damages.
• Kellerman v. Reubin Askew
  541 F.2d 1089· 5th Cir.· 1976-11-01 ·cited 16×
  The court held that summary judgment was improperly granted because the plaintiff's allegations were sufficient to raise genuine issues of material fact regarding the defendants' knowledge and acquiescence in constitutional deprivations.
• Chestnut v. City OF Quincy
  513 F.2d 91· 5th Cir.· 1975-05-21 ·cited 16×·via 42 U.S.C. § 1983 Claim For Damages
  A police chief is not liable under 42 U.S.C. § 1983 for an officer's shooting if the chief had no knowledge of specific prior misconduct and no active control over the incident.
• Black v. Brown
  513 F.2d 652· 7th Cir.· 1975-03-20 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The court held that the dismissal of the plaintiff's claims for monetary and declaratory relief regarding denial of procedural due process, denial of access to courts, and cruel and unusual punishment was improper.
• Parks v. Harden
  504 F.2d 861· 5th Cir.· 1974-12-02 ·cited 16×
  The court held that the regulation allowing optional AFDC payments to expectant mothers was a valid exercise of agency discretion and did not mandate payments for unborn children.
• Holland v. Connors
  491 F.2d 539· 5th Cir.· 1974-03-22 ·cited 16×
  The court held that a pro se inmate's complaint alleging deprivation of constitutional rights, even if inartfully pleaded, is sufficient to withstand dismissal if it appears beyond doubt that the plaintiff can prove no set of facts entitling him to relief.
• Whitsel v. Se. Local Sch. Dist.
  484 F.2d 1222· 6th Cir.· 1973-09-25 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Action
  A teacher's insubordination and violation of school regulations, even if occurring during speech that might otherwise be protected, can be grounds for termination.
• Zack Green v. Dumke
  480 F.2d 624· 9th Cir.· 1973-06-18 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the college acted under color of state law for purposes of 42 U.S.C. § 1983, and that the student was denied due process because the hearing officer lacked substantial evidence to find the requisite intent for disqualification under federal law.
• Lombardi v. Tauro
  470 F.2d 798· 1st Cir.· 1972-12-15 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the Massachusetts rule requiring bar admission candidates to be graduates of a qualified law school does not violate the Fourteenth Amendment.
• Biehunik v. Felicetta
  441 F.2d 228· 2d Cir.· 1971-03-05 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Action
  A compulsory lineup for police officers, even without probable cause, can be constitutionally permissible if it serves a substantial public interest in police integrity and is reasonably related to the officers' employment.
• Beaumont v. Morgan
  427 F.2d 667· 1st Cir.· 1970-06-08 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The court held that the evidence was insufficient to support jury verdicts against the doctors, as they acted in good faith and in conformity with statutory procedures, and plaintiff failed to show deprivation of federally protected rights.
• Brown v. Louie L. Wainwright
  419 F.2d 1308· 5th Cir.· 1969-11-25 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a prisoner's claim regarding the removal of postage stamps from outgoing mail does not rise to the level of a federal claim cognizable under 42 U.S.C. § 1983.
• Pesci v. Budz
  730 F.3d 1291· 11th Cir.· 2013-09-23 ·cited 15×·via 42 U.S.C. § 1983 Civil Rights Action
  James Pesci, a civil detainee at a Florida facility for sexually violent predators, challenged a policy banning his newsletter "Duck Soup" as a violation of his First Amendment rights. The district court applied the Turner v. Safley standard for prison regulations and granted sum
• Dist. Attorney's Off. for the Third Jud. Dist. v. Osborne
  9th Cir.· 2009-06-18 ·cited 15×
  The court held that Alaska failed to provide an effective procedure for vindicating the liberty interest in demonstrating innocence through DNA testing, thus violating the Due Process Clause.
• Burge v. Ferguson
  619 F. Supp. 2d 1225· M.D. Fla.· 2008-12-16 ·cited 15×·via Section 1983
  The court held that the complaint sufficiently alleged claims for malicious prosecution against Ferguson and a supervisory liability claim against Nieman, but failed to state claims for excessive force and conspiracy against Ferguson and Bowlin.
• Hollingsworth v. Brown
  788 So. 2d 1078· Fla. 1st DCA· 2001-06-05 ·cited 15×
  An inmate sued correctional officers for retaliatory conduct violating his First Amendment rights under 42 U.S.C. § 1983. The trial court dismissed for failure to exhaust administrative remedies. The court affirmed, holding that the Prison Litigation Reform Act requires exhaustio
• Temple Univ. v. White
  941 F.2d 201· 3d Cir.· 1991-07-30 ·cited 15×
  The court held that Pennsylvania's Medicaid payment rates were invalid because the state failed to make required findings on their reasonableness and adequacy, and affirmed the district court's injunctive relief.
• Stefan v. Laurenitis
  889 F.2d 363· 1st Cir.· 1989-11-17 ·cited 15×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that plaintiffs who received a $16,000 settlement in a § 1983 action are prevailing parties entitled to attorneys' fees under 42 U.S.C. § 1988, as no special circumstances justified denial.
• Jules Gassner v. City OF Garland
  864 F.2d 394· 5th Cir.· 1989-02-02 ·cited 15×·via 42 U.S.C. § 1983 (Excessive Force)
  An officer is entitled to qualified immunity for an arrest if a reasonable officer could have believed there was probable cause for the charged offense or a related offense, and the force used was reasonable given the arrestee's resistance.
• William Lowary & Sara Wyatt v. Lexington Local Bd. OF Educ.
  854 F.2d 131· 6th Cir.· 1988-08-11 ·cited 15×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that it was an abuse of discretion for the district court to allow agency fees to be collected and placed in an escrow account when it found the procedures likely unconstitutional.
• Hershey v. City OF Clearwater
  834 F.2d 937· 11th Cir.· 1987-12-21 ·cited 15×
  The court held that the ordinance prohibiting lodging in vehicles in public areas, after severing the 'or sleep' provision, was constitutional and that probable cause existed for the arrest.
• Jackson Warren v. City OF Lincoln
  816 F.2d 1254· 8th Cir.· 1987-04-17 ·cited 15×
  The court held that the trial court erred in its jury instructions regarding pretextual arrest and unlawful detention, and in dismissing the claim against the City. The issue of qualified immunity is a question of law for the trial court.
• Spence v. Bd. OF Educ. OF the Christina Sch. Dist.
  806 F.2d 1198· 3d Cir.· 1986-12-05 ·cited 15×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court did not abuse its discretion in ordering a remittitur of emotional distress damages due to insufficient proof and in denying a new trial limited to damages, finding liability and damages intertwined.
• Berman v. Fla. Bd. OF BAR Exam'rs
  794 F.2d 1529· 11th Cir.· 1986-07-25 ·cited 15×·via § 1983 Suit
  The District Court correctly determined it lacked subject matter jurisdiction over a § 1983 suit challenging a state court's denial of a bar admission application.
• Rose v. Town OF Harwich
  778 F.2d 77· 1st Cir.· 1985-12-03 ·cited 15×·via 42 U.S.C. § 1983 Civil Rights Action
  A prior state court judgment, even if characterized as a dismissal for 'lack of jurisdiction' due to a statute of limitations, has claim-preclusive effect and bars a subsequent federal suit on the same claims.
• Massop v. Coughlin
  770 F.2d 299· 2d Cir.· 1985-08-08 ·cited 15×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court erred in sua sponte dismissing a pro se prisoner's complaint before service of process.
• Hadley v. Werner
  753 F.2d 514· 6th Cir.· 1985-01-28 ·cited 15×
  The court held that a claim challenging the validity of a conviction, even if framed as a damages action under 42 U.S.C. § 1983, must first be pursued through a habeas corpus petition to establish the illegality of confinement.
• Collins v. Chandler Unified Sch. Dist.
  644 F.2d 759· 9th Cir.· 1981-05-04 ·cited 15×
  The court held that allowing student-led prayer at school assemblies violates the Establishment Clause, but a parent who successfully sues on behalf of their child is a prevailing party eligible for attorneys' fees under 42 U.S.C. § 1988.
• Shaw v. Dolph Briscoe
  541 F.2d 489· 5th Cir.· 1976-10-29 ·cited 15×
  The court held that the inmates' claims regarding Texas parole procedures, including due process rights and the Governor's role, do not present a federal constitutional issue and were previously rejected.
• Dep't OF Educ. v. ROE
  656 So. 2d 507· Fla. 1st DCA· 1995-05-12 ·cited 14×
  The Florida District Court of Appeal reconsidered its prior opinion reversing a trial court's denial of the Department of Education's motion to dismiss. Upon rehearing, the court withdrew its previous opinion and denied certiorari review, holding that denial of a motion to dismis
• Leatherman v. Tarrant Cnty. Narcotics Intelligence & Coordination Unit
  954 F.2d 1054· 5th Cir.· 1992-02-28 ·cited 14×
  The court affirmed the dismissal of the section 1983 claims against the municipalities because the plaintiffs failed to satisfy the circuit's heightened pleading requirement for allegations of inadequate training.
• Posr Amojo Posr v. N.Y. City Police Officer Kevin Doherty
  944 F.2d 91· 2d Cir.· 1991-09-10 ·cited 14×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court erred in setting aside the jury's false arrest verdict against Officer Holihan and in its jury instructions on malicious prosecution, remanding both claims for a new trial.
• Marsh v. ARN
  937 F.2d 1056· 6th Cir.· 1991-06-25 ·cited 14×
  The court should have allowed the jury's verdict against Furrow to stand, as the Eighth Amendment right to protection from inmate attack was clearly established.
• Donaghy v. City OF Omaha
  933 F.2d 1448· 8th Cir.· 1991-05-24 ·cited 14×
  The court held that a plaintiff challenging race-conscious employment decisions made pursuant to a consent decree must prove the decree was not remedial or not narrowly tailored, and that the trial court properly granted a directed verdict when no such evidence was presented.
• DeLOACH v. Mitzi Bevers
  922 F.2d 618· 10th Cir.· 1990-12-31 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a jury could find that the defendant police officer violated the plaintiff's constitutional rights by retaliating against her for exercising her right to counsel and by preparing a false and misleading affidavit to secure her arrest.
• Gaudreault v. Municipality OF Salem
  923 F.2d 203· 1st Cir.· 1990-11-19 ·cited 14×·via 42 U.S.C. § 1983 (Excessive Force)
  Summary judgment for the defendant officers was appropriate because the force used was objectively reasonable, the plaintiff failed to identify his assailant for the assault claim, and the plaintiff did not demonstrate serious medical needs or harm from delayed treatment.