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

• Bowden v. McKENNA
  600 F.2d 282· 1st Cir.· 1979-05-09 ·cited 14×
  The court held that the exclusion of evidence identifying the decedent as a robber was erroneous, and the plaintiff's subsequent argument emphasizing his innocence was improper.
• Millard W. Simineo v. Sch. Dist. NO. 16
  594 F.2d 1353· 10th Cir.· 1979-03-22 ·cited 14×
  The court held that there was sufficient evidence to support the jury's verdict regarding the plaintiff's section 1983 claims, including First Amendment violations and lack of procedural due process, and that the trial court did not err in its evidentiary rulings or jury instruct
• Kissell v. Breskow
  579 F.2d 425· 7th Cir.· 1978-07-18 ·cited 14×
  The court held that the Executive Secretary of the Disciplinary Commission is clothed with quasi-judicial immunity for actions taken in that role, and that no genuine issue of material fact existed to preclude summary judgment.
• Sacks Bros. Loan Co., Inc. v. Cunningham
  578 F.2d 172· 7th Cir.· 1978-05-24 ·cited 14×·via 42 U.S.C. § 1983 Claim For Damages
  The Tax Injunction Act bars federal court intervention in state tax matters if a plain, speedy, and efficient state remedy exists, and the five-year statute of limitations applies to actions against public officers for acts in their official capacity.
• Rheuark v. Shaw
  547 F.2d 1257· 5th Cir.· 1977-03-03 ·cited 14×
  A prisoner's suit against a state court clerk and stenographer for failure to forward a transcript is a civil rights action, not a habeas corpus petition.
• Olshock v. Vill. OF Skokie
  541 F.2d 1254· 7th Cir.· 1976-09-17 ·cited 14×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the record did not sustain a finding of clear and intentional discrimination by the Board, and thus the plaintiffs failed to meet their burden of proof for constitutional violations.
• Miss. GAY Alliance & Anne DeBary v. Goudelock
  536 F.2d 1073· 5th Cir.· 1976-08-12 ·cited 14×
  The court held that a student newspaper editor's decision to reject an advertisement does not constitute state action and is protected by the First Amendment, precluding judicial compulsion for publication.
• Qualls v. Parrish
  534 F.2d 690· 6th Cir.· 1976-04-19 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the deputies had probable cause to stop the vehicle and lawfully used deadly force because the driver's actions constituted a felonious assault under Tennessee law, which the court adopted as the federal standard for this § 1983 action.
• Williams v. Mary Ann Williams (formerly Walker)
  532 F.2d 120· 8th Cir.· 1976-03-31 ·cited 14×·via § 1983
  The court held that the prisoner's complaint was properly dismissed because the judge was immune from damages, the non-judicial defendants had no duty to provide notice, and injunctive/declaratory relief was barred by comity principles.
• Bryant v. Potts
  528 F.2d 621· 5th Cir.· 1976-03-15 ·cited 14×
  The court held that the district court erred by failing to consider a Texas tolling statute that may apply to an incarcerated plaintiff's claim.
• Stone v. Philbrook
  528 F.2d 1084· 2d Cir.· 1975-12-03 ·cited 14×
  The court held that the district court erred in granting summary judgment because there is substantial doubt whether the Commissioner's regulations characterizing General Assistance as an emergency program requiring weekly reapplication and work search are within the rulemaking p
• Echols v. Sullivan
  521 F.2d 206· 5th Cir.· 1975-10-16 ·cited 14×·via § 1983 Suit
  The court held that the district court's judgment must be vacated and remanded because it failed to make adequate findings of fact and conclusions of law as required by Rule 52(a).
• Elmon Mims v. Bd. OF Educ. OF the City OF Chicago
  523 F.2d 711· 7th Cir.· 1975-09-24 ·cited 14×·via 42 U.S.C. § 1983 Liability
  Although the court found plaintiffs' due process rights were violated by layoff procedures, they are not entitled to relief because the Board of Education is not a suable 'person' under § 1983 and the individual defendants are entitled to qualified immunity.
• Shirley v. Chagrin Falls Exempted Vill. Schs. Bd. OF Educ.
  521 F.2d 1329· 6th Cir.· 1975-09-16 ·cited 14×·via 42 U.S.C. § 1983 Liability
  The court held that school board members are not liable for damages if they acted in good faith and reasonably believed their actions were constitutional, even if those actions later proved to violate clearly established law.
• Elian Bolanos v. Kiley
  509 F.2d 1023· 2d Cir.· 1975-01-29 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that an alien's claim of constitutional violations by state officers does not grant a constitutional right to remain in the United States indefinitely, and the denial of an extension for voluntary departure is reviewed for abuse of discretion.
• Bergstralh v. Lowe
  504 F.2d 1276· 9th Cir.· 1974-08-06 ·cited 14×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court erred in ruling as a matter of law that the arrest was legal, as conflicting evidence required jury determination.
• Blouin v. Hon. Nanette Dembitz
  489 F.2d 488· 2d Cir.· 1973-12-13 ·cited 14×
  The court affirmed the dismissal of the § 1983 action, holding that federal courts should abstain from deciding issues of state judicial administration that are best left to state courts.
• Goodwin v. Oswald
  462 F.2d 1237· 2d Cir.· 1972-06-19 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the Legal Aid Society's extensive communication to inmates, which included assertions about union recognition and potential conflict, was not merely legal advice but constituted solicitation and a threat to prison order, justifying prison officials' refusal to
• Lessie Randell v. Newark Hous. Auth. & Louis Danzig
  384 F.2d 151· 3d Cir.· 1967-10-03 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court should abstain from further action and remanded for vacation of the dismissal order, vacating the temporary restraining order and affirming the denial of preliminary injunctions.
• Michael-Zahir David Fleming v. Officer Tristin Allen
  M.D. Fla.· 2025-11-19 ·cited 13×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiff's motion to reopen the case is denied because service of process was improper under federal and state rules.
• Wynn v. City of Lakeland
  727 F. Supp. 2d 1309· M.D. Fla.· 2010-07-20 ·cited 13×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that summary judgment is granted for assault and negligence claims, but denied for excessive force and battery claims.
• Rosario v. Miami-Dade Cnty.
  490 F. Supp. 2d 1213· S.D. Fla.· 2007-05-08 ·cited 13×·via 42 U.S.C. § 1983 Liability
  The court held that plaintiffs failed to state a claim for municipal liability under 42 U.S.C. § 1983 because they did not allege facts sufficient to show that the deprivation of constitutional rights resulted from a final policymaker's decision or an unconstitutional custom or p
• Elder v. R.D. Holloway
  975 F.2d 1388· 9th Cir.· 1991-12-19 ·cited 13×
  A plaintiff in a § 1983 action seeking to overcome qualified immunity must identify the body of law that proves the right allegedly violated was clearly established at the time of the incident. If the plaintiff fails to present such law, the district court does not err by conside
• Hill v. Shelander
  924 F.2d 1370· 7th Cir.· 1991-02-12 ·cited 13×
  The dissenting judge argues that the majority erred in allowing an amendment to change the capacity of the defendant from official to individual to relate back to the original filing date, as it did not involve a mistake in identity and prejudiced the defendant.
• Sable Commc'ns OF Cal., Inc. v. Pac. Tel. & Tel. Co.
  890 F.2d 184· 9th Cir.· 1989-11-22 ·cited 13×
  The court held that a case or controversy existed, Pacific Bell acted under color of state law, and abstention was not required. However, the CPUC is immune from suit under section 1983, and the attorney fee award must be reallocated between defendants.
• Hansen v. Black
  885 F.2d 642· 9th Cir.· 1989-09-19 ·cited 13×·via 42 U.S.C. § 1983 Civil Rights Action
  Summary judgment for the arresting officers is reversed because a genuine issue of material fact exists regarding whether Hansen's conduct violated a city ordinance and whether excessive force was used. Summary judgment for the Chief of Police and the City Prosecutor is affirmed
• Zook v. Brown
  865 F.2d 887· 7th Cir.· 1989-01-17 ·cited 13×·via 42 U.S.C. § 1983 Liability
  The court held that Standard 2.19 of the Sheriff's Department Operating Procedures Manual is constitutional both on its face and as applied to Deputy Zook, and that the application of Standard 4.4 was unconstitutional. The court also affirmed the denial of a jury trial for damage
• McDONALD v. Armontrout
  860 F.2d 1456· 8th Cir.· 1988-11-09 ·cited 13×
  The court held that the district court did not abuse its discretion in awarding attorney fees, affirming the hourly rates, compensation for monitoring, and inclusion of habeas corpus work.
• Johnson v. R.I. Parole Bd. Members
  815 F.2d 5· 1st Cir.· 1987-03-31 ·cited 13×
  State parole board members are entitled to absolute immunity from liability for damages in a § 1983 action for actions taken within the proper scope of their official duties.
• Am. Booksellers Ass'n, Inc. v. Commonwealth OF Va.
  802 F.2d 691· 4th Cir.· 1986-09-30 ·cited 13×
  The court held that the Virginia amendment restricting display of sexually explicit material to juveniles was facially unconstitutional as overbroad and infringing on First Amendment rights, but reversed the denial of attorneys' fees for the prevailing plaintiffs against the Comm
• ORT v. Dr. Pinchback
  786 F.2d 1105· 11th Cir.· 1986-04-15 ·cited 13×
  A physician contracting with the state to provide medical care to inmates acts under color of state law for purposes of a 42 U.S.C. § 1983 claim. Summary judgment was therefore inappropriate.
• Johnson v. Kemp
  781 F.2d 1570· 11th Cir.· 1986-02-14 ·cited 13×
  The court held that the district court abused its discretion in setting a partial filing fee based on the inmate's litigation history without considering good faith and in setting an amount disproportionately high given the inmate's limited financial resources.
• Peraza v. Delameter
  722 F.2d 1455· 9th Cir.· 1984-01-03 ·cited 13×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the trial court did not abuse its discretion in admitting the police canine policy and evidence of subsequent bad acts, and that the jury instructions were adequate.
• Hernandez v. City OF Lafayette & Kenneth J. Bowen
  699 F.2d 734· 5th Cir.· 1983-03-07 ·cited 13×
  The court held that while the district court erred in applying federal res judicata principles instead of Louisiana's, the outcome remains the same as Louisiana res judicata also bars the claim. Changed circumstances were not significant enough to overcome res judicata.
• Universal Amusement Co., Inc. v. Hofheinz
  646 F.2d 996· 5th Cir.· 1981-06-01 ·cited 13×·via 42 U.S.C. § 1983 Liability
  Government officials sued in their official capacity cannot assert good faith immunity, as such suits are effectively against the governmental entity itself.
• Dilmore v. Stubbs
  636 F.2d 966· 5th Cir.· 1981-02-09 ·cited 13×
  The court held that defendants are entitled to qualified immunity because the unconstitutionality of the hospital's admissions policy was not clearly established at the time of the plaintiff's confinement.
• Smith v. Sch. Bd. OF Palm Beach Cnty.
  981 So. 2d 6· Fla. 4th DCA· 2007-11-21 ·cited 12×
  Jerry Smith appealed a trial court's determination of attorney's fees and costs in his § 1983 civil rights action against the School Board of Palm Beach County. The appellate court affirmed the reasonable number of hours and rejection of a lodestar multiplier, but reversed the ho
• Hill v. Crosby
  437 F.3d 1084· 11th Cir.· 2006-01-24 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Action
  The Eleventh Circuit denied Hill's application for a stay of execution, holding that his § 1983 suit challenging lethal injection as cruel and unusual punishment was the functional equivalent of a successive habeas petition requiring prior court approval under 28 U.S.C. § 2244(b)
• Samedi v. Miami-Dade Cnty.
  134 F. Supp. 2d 1320· S.D. Fla.· 2001-01-26 ·cited 12×·via Section 1983
  Summary judgment is granted for Defendant White on claims of supervisory liability and retaliation, and for other defendants on various counts, due to lack of genuine issues of material fact.
• Stowell v. Ives
  976 F.2d 65· 1st Cir.· 1992-09-28 ·cited 12×·via 42 U.S.C. § 1983 Cause Of Action
  A recipient of benefits under the Aid to Families with Dependent Children (AFDC) program cannot bring an action under 42 U.S.C. § 1983 to enforce the terms of 42 U.S.C. § 1396a(c)(1) because that statute obligates the federal Secretary, not the state, to take action.
• Medina v. The City & Cnty. OF Denver
  960 F.2d 1493· 10th Cir.· 1992-03-31 ·cited 12×·via 42 U.S.C. § 1983 Liability
  The court held that the officers were entitled to qualified immunity because the law regarding recklessness and police liability for third-party actions was not clearly established in 1986, and the City and County of Denver was entitled to summary judgment because the plaintiff f
• Oviatt v. Pearce
  954 F.2d 1470· 9th Cir.· 1992-01-15 ·cited 12×·via 42 U.S.C. § 1983 Liability
  The court held that a jury could reasonably find Multnomah County liable under § 1983 for deliberate indifference to an inmate's liberty interest, and that the county was not immune from liability for false imprisonment under the Oregon Tort Claims Act.
• Redner v. Citrus Cnty.
  919 F.2d 646· 11th Cir.· 1990-12-18 ·cited 12×·via § 1983 Suit
  The court held that the district court properly abstained from deciding the constitutionality of Ordinance 88-05 due to pending state criminal proceedings, but erred in abstaining from deciding the constitutionality of Ordinance 88-06.
• Bielevicz v. Officer J. Dubinon
  915 F.2d 845· 3d Cir.· 1990-09-28 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiffs presented sufficient evidence to withstand a motion for directed verdict on the issue of whether their injuries were caused by the City's custom of arresting people for public intoxication without probable cause and with no intention of prosecut
• Hostler v. Captain Groves
  912 F.2d 1158· 9th Cir.· 1990-08-30 ·cited 12×
  A pro se prisoner's notice of appeal is deemed filed when delivered to prison authorities for forwarding, and this rule applies retroactively to non-habeas cases.
• Simpson v. Ike Hines
  903 F.2d 400· 5th Cir.· 1990-06-19 ·cited 12×
  The court held that while most officers are not entitled to qualified immunity for excessive force or denial of medical care, Officer McMillan is immune from the excessive force claim due to lack of direct involvement.
• White v. McGINNIS
  903 F.2d 699· 9th Cir.· 1990-05-16 ·cited 12×
  The court held that the Federal Rules of Civil Procedure, specifically Rules 38(d) and 39(a), require explicit consent from parties to withdraw a jury demand, and that failing to object to a bench trial does not constitute such consent.
• Joihner v. McEVERS
  898 F.2d 569· 7th Cir.· 1990-03-28 ·cited 12×
  The court held that the denial of a prisoner's request for transfer to a work camp did not violate a protectible liberty interest because the relevant state statutes and administrative regulations did not contain mandatory language limiting official discretion.
• Lewis v. City OF Irvine
  899 F.2d 451· 6th Cir.· 1990-03-26 ·cited 12×
  The court affirmed the directed verdict for the City but reversed the denial of a new trial against Officer Miller, remanding for retrial under the Fourth Amendment's excessive force standard.
• Ramirez v. Garcia
  898 F.2d 224· 1st Cir.· 1990-03-13 ·cited 12×·via 42 U.S.C. § 1983 Liability
  The court held that negligent conduct is not actionable under 42 U.S.C. § 1983, but conduct reflecting reckless or callous indifference may be. The evidence against one defendant was insufficient for a § 1983 claim, while the other's joinder after the statute of limitations requi