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

• Litton Indus., Inc. v. Colon
  587 F.2d 70· 1st Cir.· 1978-11-20 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Action
  The Eleventh Amendment bars a federal contract action against the Commonwealth of Puerto Rico and its officials, and the allegations do not support a civil rights claim against the individual defendants.
• Mayes v. Honn
  542 F.2d 822· 10th Cir.· 1976-10-07 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Action
  A Section 1983 civil rights action cannot be used to collaterally attack or appeal state court disbarment proceedings.
• Stadium Films, Inc. v. Baillargeon
  542 F.2d 577· 1st Cir.· 1976-09-23 ·cited 12×·via 42 U.S.C. § 1983 Claim For Damages
  Police officers are not liable for damages for negligent errors of law in seeking or executing search warrants, and plaintiffs failed to prove officers actually knew of constitutional defects.
• Kirkland v. The NEW York State Dep't OF Corr. Servs.
  531 F.2d 5· 2d Cir.· 1975-12-10 ·cited 12×·via Section 1983
  The court should have granted an en banc hearing to clarify the circuit's law on racial quotas as remedies for past discrimination, as such quotas are permissible to correct discriminatory effects.
• Quinton David Palmer v. Hall
  517 F.2d 705· 5th Cir.· 1975-08-15 ·cited 12×·via 42 U.S.C. § 1983 Liability
  The court held that while the officer's shooting of the plaintiff was actionable under 42 U.S.C. § 1983, the Mayor was not liable because his statements did not proximately cause the shooting.
• Arline Nitzberg v. Parks
  525 F.2d 378· 4th Cir.· 1975-04-14 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Action
• Bracey v. Grenoble
  494 F.2d 566· 3d Cir.· 1974-03-18 ·cited 12×·via 42 U.S.C. § 1983 Liability
  The court held that the district court's reliance on unadmitted interrogatory answers was impermissible, and thus, judgment for the defendant was not warranted.
• Culp v. Martin
  471 F.2d 814· 5th Cir.· 1973-01-10 ·cited 12×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that while claims for injunctive relief regarding jail conditions were moot due to the prisoners' return, their claims for damages and return of property remained viable.
• Stewart v. Dameron
  448 F.2d 396· 5th Cir.· 1971-09-16 ·cited 12×
  The court held that the district court erred in placing the burden of proof on the defendants regarding the good faith of the prosecution.
• Martone v. McKEITHEN
  413 F.2d 1373· 5th Cir.· 1969-07-11 ·cited 12×·via 42 U.S.C. § 1983 Liability
  Public officials are immune from damage suits for acts within the scope of their official duties, but the case is remanded regarding injunctive relief due to potential constitutional issues with the investigating commission.
• Dudley Teel v. Deputy Sheriff Jonathan Lozada
  99 F.4th 1273· 11th Cir.· 2024-04-18 ·cited 11×·via 42 U.S.C. § 1983 (Excessive Force)
  The Eleventh Circuit affirmed the district court's rulings, finding no reversible error in the jury instructions, evidentiary rulings, or the grant of summary judgment on the Monell claim.
• Sears v. Forbes/Cohen Fla. Props., L.P.
  223 So. 3d 292· Fla. 4th DCA· 2017-07-12 ·cited 11×
  Sears sought declaratory relief challenging a City resolution requiring both the landlord (Forbes/Cohen) and the City to approve any subdivision of anchor tenant space, claiming it unconstitutionally impaired Sears's contract rights and violated substantive due process. The court
• Zivojinovich v. Ritz Carlton Hotel Co., LLC
  445 F. Supp. 2d 1337· M.D. Fla.· 2006-08-01 ·cited 11×·via 42 U.S.C. § 1983 Violations
  The court held that plaintiffs lacked standing for their loss of business revenue claim and dismissed it, but denied motions to dismiss most other federal and state law claims, including a counterclaim for battery.
• Martinez v. Bush
  234 F. Supp. 2d 1275· S.D. Fla.· 2002-12-03 ·cited 11×·via Section 1983
  The court held that plaintiffs failed to establish claims of racial discrimination in the redistricting process, vote dilution under the Voting Rights Act, or political gerrymandering.
• Stachel v. City of Cape Canaveral
  51 F. Supp. 2d 1326· M.D. Fla.· 1999-06-22 ·cited 11×·via 42 U.S.C. § 1983 Violations
  The court held that defendants were entitled to qualified immunity on the § 1983 claims due to arguable probable cause for the arrest and minimal force used, and dismissed state law claims for lack of jurisdiction.
• Domegan v. Ponte
  972 F.2d 401· 1st Cir.· 1992-08-10 ·cited 11×·via 42 U.S.C. § 1983 Civil Rights Action
• Kingston Square Tenants Ass'n v. Tuskegee Gardens, Ltd.
  792 F. Supp. 1566· S.D. Fla.· 1992-05-26 ·cited 11×·via Section 1983
  The court held that tenants cannot bring an implied cause of action under federal housing statutes for monetary damages and that tort claims for economic losses arising from a contract breach are barred by the economic loss rule.
• Annise Fuller v. M.G. Jewelry
  950 F.2d 1437· 9th Cir.· 1991-12-11 ·cited 11×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that while the officers were entitled to qualified immunity for the arrest and strip search, the City of Los Angeles may be liable if the strip searches were conducted pursuant to an unconstitutional policy.
• Trautvetter v. Quick
  916 F.2d 1140· 7th Cir.· 1990-10-12 ·cited 11×·via Section 1983
• Nieto v. SAN Perlita Indep. Sch. Dist.
  894 F.2d 174· 5th Cir.· 1990-02-16 ·cited 11×
  The court held that the defendants are entitled to qualified immunity because the plaintiff failed to plead sufficient facts to overcome the defense, and his speech caused significant disruption outweighing its public concern value.
• Pleasant v. Zamieski
  895 F.2d 272· 6th Cir.· 1990-02-08 ·cited 11×·via 42 U.S.C. § 1983 (Excessive Force)
  The concurring judge agrees with the majority's result but disagrees with the reasoning in Section II, believing the excessive force issue should have been left to the jury.
• Vosburg v. Dep't OF Soc. Servs.
  884 F.2d 133· 4th Cir.· 1989-08-29 ·cited 11×
  State social workers are absolutely immune from liability for filing a child removal petition, as this action is considered prosecutorial in nature.
• Taylor v. List
  880 F.2d 1040· 9th Cir.· 1989-07-17 ·cited 11×
  The court held that a prisoner's Sixth Amendment right to self-representation includes the right to access law books and witnesses necessary to prepare a defense, and that genuine issues of material fact existed regarding whether prison officials violated this right.
• Nicholson v. CPC Int'l Inc.
  877 F.2d 221· 3d Cir.· 1989-06-02 ·cited 11×
  An employee cannot prospectively waive their right to a judicial forum for claims arising under the Age Discrimination in Employment Act (ADEA) through an arbitration clause in an employment contract.
• Merritt v. Cnty. OF LOS Angeles
  875 F.2d 765· 9th Cir.· 1989-05-24 ·cited 11×
  The court held that the district court erred in denying the motion to amend based on federal notice requirements, and that the grant of judgment notwithstanding the verdict for the County was proper due to insufficient evidence of a policy of inadequate training.
• Glick v. Dr. F.M. Henderson
  855 F.2d 536· 8th Cir.· 1988-08-25 ·cited 11×
  The court concurred with the dismissal without prejudice, allowing for a new lawsuit to be filed.
• Watt v. City OF Richardson Police Dep't
  849 F.2d 195· 5th Cir.· 1988-07-15 ·cited 11×·via 42 U.S.C. § 1983 Civil Rights Action
  A strip search of an arrestee for a minor offense, based solely on a distant and expunged prior drug conviction, without reasonable suspicion of current danger, violates the Fourth Amendment.
• Mack v. Varelas
  835 F.2d 995· 2d Cir.· 1987-12-22 ·cited 11×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that a state prisoner's civil rights action for damages under 42 U.S.C. § 1983, which does not challenge the validity of his conviction or seek release, should not be dismissed for failure to exhaust state remedies, but may be stayed pending the outcome of state co
• Stevens v. GAY
  792 F.2d 1000· 11th Cir.· 1986-06-27 ·cited 11×
  The court held that attorney's fees cannot be awarded against state officials who successfully assert qualified immunity, and that the trial court erred in denying the plaintiff's motion to amend his complaint to add state departments as defendants.
• Sunshine State Serv. Corp. v. Dove Invs. OF Hillsborough
  468 So. 2d 281· Fla. 5th DCA· 1985-03-14 ·cited 11×
  Sunshine State Service Corporation challenged a circuit court's stay of state court proceedings in favor of a subsequently filed federal action by the respondents. The Florida appellate court quashed the stay, holding that the state court lacked authority to stay the first-filed
• Hindman v. The City OF Paris
  746 F.2d 1063· 5th Cir.· 1984-11-19 ·cited 11×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the trial judge erred by taking the factual issue of whether the officers intentionally or recklessly misled the magistrate regarding the informant's identity and reliability from the jury.
• Lyon v. Hal Farrier
  730 F.2d 525· 8th Cir.· 1984-03-20 ·cited 11×·via 42 U.S.C. § 1983 Civil Rights Action
  Prison officials' actions in limiting inmate property and destroying contraband did not violate constitutional rights, and uncorroborated testimony was insufficient to prove a claim.
• Forehand v. First Ala. Bank OF Dothan
  727 F.2d 1033· 11th Cir.· 1984-03-19 ·cited 11×
  The district court did not abuse its discretion by abstaining from hearing the § 1983 claim pending resolution of state court proceedings.
• Webb v. Cnty. Bd. OF Educ. OF Dyer Cnty.
  715 F.2d 254· 6th Cir.· 1983-08-29 ·cited 11×·via 42 U.S.C. § 1983 Litigation
  Attorney's fees are not recoverable under 42 U.S.C. § 1988 for services rendered in optional state administrative proceedings when exhaustion of those remedies is not required.
• Tonora Archibald v. Mosel
  677 F.2d 5· 1st Cir.· 1982-04-28 ·cited 11×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the warrantless entry into the apartment was justified by exigent circumstances, making the search constitutional.
• Johann Schmidt and Leland Pollard v. Oakland Unified Sch. Dist.
  662 F.2d 550· 9th Cir.· 1981-11-05 ·cited 11×·via 42 U.S.C. § 1983 Liability
  The court held that the Oakland Unified School District's affirmative action plan (AAP) for construction contracts is constitutional under the Equal Protection Clause, and affirmed the district court's grant of summary judgment for the defendants.
• Sullivan v. Sgt. Ford
  609 F.2d 197· 5th Cir.· 1980-01-04 ·cited 11×·via § 1983 Suit
  Confiscation of inmate's money in excess of $15, found hidden, was reasonable and did not violate due process.
• United Black Firefighters OF Norfolk v. Hirst
  604 F.2d 844· 4th Cir.· 1979-08-29 ·cited 11×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that certain plaintiffs adequately stated claims for promotion discrimination under Title VII, § 1981, and § 1983, and that the class action for employees could proceed. However, claims by applicants and one employee were properly dismissed.
• Wilson v. Sec'y, Dep't of Corr.
  54 F.4th 652· 11th Cir.· 2022-11-29 ·cited 10×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  A Florida prison inmate and veteran challenged prison officials' seizure of his Veterans Administration disability benefits to satisfy prison liens and medical charges in violation of 38 U.S.C. § 5301, which protects VA benefits from attachment and seizure. The Eleventh Circuit a
• Wollschlaeger v. Governor of the State OF Fla.
  797 F.3d 859· 11th Cir.· 2015-07-28 ·cited 10×
  The Eleventh Circuit Court of Appeals reversed the district court's grant of summary judgment and injunction, holding that Florida's Firearm Owners Privacy Act (the Act) does not facially violate the First or Fourteenth Amendments. The court found that the Act's provisions regard
• Maschmeier v. Scott
  508 F. Supp. 2d 1180· M.D. Fla.· 2007-06-28 ·cited 10×·via 42 U.S.C. § 1983 Liability
  The court held that the Sheriff was not the final policymaker for § 1983 purposes and that the plaintiff's actions constituted political affiliation, not protected speech, thus precluding his claim for political retaliation.
• MacLean v. City of St. Petersburg
  194 F. Supp. 2d 1290· M.D. Fla.· 2002-03-18 ·cited 10×·via Section 1983
  The court held that the plaintiff failed to establish a prima facie case for retaliation under Title VII and the Florida Civil Rights Act, and that her speech was not a matter of public concern for First Amendment protection.
• Crenshaw v. City of Defuniak Springs
  891 F. Supp. 1548· N.D. Fla.· 1995-05-12 ·cited 10×·via Section 1983
  The court held that the defendant is entitled to summary judgment because the plaintiff failed to demonstrate discriminatory intent or a violation of clearly established constitutional law, and the defendant is entitled to qualified immunity.
• Jordan v. Booth Gardner
  986 F.2d 1521· 9th Cir.· 1993-02-25 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the prison policy allowing cross-gender searches did not violate the Eighth Amendment, and the Fourth Amendment analysis should not employ a balancing test as suggested by a concurring opinion.
• Bartlett v. Colonel C.E. Fisher
  972 F.2d 911· 8th Cir.· 1992-08-13 ·cited 10×
  The court held that the defendants are entitled to qualified immunity on both the procedural due process and First Amendment claims.
• Vaughan v. Ricketts
  950 F.2d 1464· 9th Cir.· 1991-12-13 ·cited 10×
  The court held that Koch's appeal timeliness must be determined by the district court, and affirmed the denial of the jnov motion regarding qualified immunity, finding the jury's verdicts reconcilable.
• Cody v. Henderson
  936 F.2d 715· 2d Cir.· 1991-06-26 ·cited 10×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that while extensive delay in processing a criminal appeal can violate due process, unconditional release is not warranted unless the delay substantially prejudiced the outcome of the appeal. The district court erred in granting release without such a showing.
• Winter v. Cerro Gordo Cnty. Conservation Bd.
  925 F.2d 1069· 8th Cir.· 1991-01-09 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the discharged employee had a property interest in his job under Iowa law and was denied procedural due process, but remanded for recalculation of prejudgment interest.
• G.M. Eng'rs & Assocs., Inc. v. W. Bloomfield Twp.
  922 F.2d 328· 6th Cir.· 1990-12-27 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiff failed to state a claim for a taking without just compensation because they did not exhaust adequate state remedies, and failed to state a procedural due process claim because the alleged deprivation was a random and unauthorized act for which st
• Bradley v. Pittsburgh Bd. OF Educ.
  913 F.2d 1064· 3d Cir.· 1990-09-05 ·cited 10×
  The court held that the district court erred in granting summary judgment sua sponte after motions in limine without proper notice and opportunity for the plaintiff to present evidence. It also held that the plaintiff's federal claims were not barred by claim preclusion due to a