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

• Stem v. Ahearn
  908 F.2d 1· 5th Cir.· 1990-08-13 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  Child protective services workers are entitled to Eleventh Amendment immunity in their official capacities and qualified immunity in their individual capacities because their actions did not violate clearly established constitutional rights.
• Hudson v. McMILLIAN
  929 F.2d 1014· 5th Cir.· 1990-07-31 ·cited 10×·via 42 U.S.C. § 1983 (Excessive Force)
  A prisoner's claim for excessive force under the Eighth Amendment fails if the injury sustained is not significant.
• Prather v. Norman
  901 F.2d 915· 11th Cir.· 1990-05-18 ·cited 10×
• Barry v. Fowler
  902 F.2d 770· 9th Cir.· 1990-05-10 ·cited 10×
  The court held that a directed verdict was proper because the officer had probable cause to arrest for auto tampering, and thus no Fourth Amendment violation occurred. However, the award of attorneys' fees to the defendant was reversed as the plaintiff's action was not frivolous.
• White v. Sergeant Roper
  901 F.2d 1501· 9th Cir.· 1990-05-01 ·cited 10×
  The court held that the officers used only reasonable force to retake custody of the inmate, and therefore, no constitutional injury occurred.
• Jane DOE "A" v. The Special Sch. Dist. OF ST. Louis Cnty.
  901 F.2d 642· 8th Cir.· 1990-04-17 ·cited 10×·via 42 U.S.C. § 1983 Liability
  The court held that the evidence did not support a finding that individual defendants had notice of a pattern of unconstitutional acts or were deliberately indifferent, nor did it establish a custom of deliberate indifference by the District, thus affirming summary judgment.
• Sammie Kelley, Jr. v. McGINNIS
  899 F.2d 612· 7th Cir.· 1990-04-05 ·cited 10×
  The court held that the district court erred by entering summary judgment against a pro se prisoner without providing him notice of the conversion of dismissal motions into summary judgment motions and an opportunity to respond.
• Wolf v. Larson
  897 F.2d 1409· 7th Cir.· 1990-03-16 ·cited 10×
  A plaintiff must establish a property interest, a legitimate claim of entitlement, to prevail under the due process clause in the employment context. A village ordinance combining the clerk and collector roles, without more, does not create a property interest in the collector po
• Lewis v. Parish OF Terrebonne
  894 F.2d 142· 5th Cir.· 1990-02-12 ·cited 10×·via Section 1983
  The court held that the jury's finding of deliberate indifference was supported by evidence, the punitive damage award was valid, and qualified immunity did not apply. However, the case was remanded for determination of pre-death compensatory damages.
• Collard v. Ky. Bd. OF Nursing
  896 F.2d 179· 6th Cir.· 1990-01-17 ·cited 10×
  The court held that the one-year statute of limitations for personal injury actions under Ky. Rev. Stat. § 413.140(1)(a) applies to 42 U.S.C. § 1983 claims in Kentucky, and the plaintiff's action was untimely.
• Horton v. Charles
  889 F.2d 454· 3d Cir.· 1989-11-14 ·cited 10×·via 42 U.S.C. § 1983 Liability
  The court held that the evidence was sufficient to support a liability judgment against the City and Sergeant Dlubak, as the victim was in state custody or the death resulted from an official policy. The Supreme Court's decision in DeShaney did not compel a judgment notwithstandi
• Acosta-Sepulveda v. Hernandez-Purcell
  889 F.2d 9· 1st Cir.· 1989-11-08 ·cited 10×
  The court held that the plaintiff received adequate procedural due process, but that her termination was politically motivated, violating her First Amendment rights.
• Zambrano v. City OF Tustin
  885 F.2d 1473· 9th Cir.· 1989-09-21 ·cited 10×
  The court held that sanctions for mere negligence in failing to join the district court bar are improper, and attorneys' fees can only be awarded for bad faith or willful disobedience.
• Babcock v. Tyler
  884 F.2d 497· 9th Cir.· 1989-09-06 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  Washington Department of Social and Health Services caseworkers are entitled to absolute immunity for their actions taken in child dependency proceedings, including post-adjudication activities.
• Frank Rosenberg, Inc. v. Tazewell Cnty.
  882 F.2d 1165· 7th Cir.· 1989-08-11 ·cited 10×
  The court held that the plaintiff lacked standing because he did not suffer a personal injury fairly traceable to the defendant's conduct and redressable by the court.
• Flynn v. Merrick
  881 F.2d 446· 7th Cir.· 1989-08-07 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  Shareholders lack standing to bring individual causes of action under RICO or for civil rights violations when their alleged injury is an indirect result of harm to the corporation.
• In re Petition for Mandamus by Everett Mechem
  880 F.2d 872· 6th Cir.· 1989-07-25 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  A writ of mandamus is not the proper vehicle to challenge an order disqualifying counsel because such orders are not immediately appealable and can be reviewed on appeal of a final judgment.
• Murphy v. Jones
  877 F.2d 682· 8th Cir.· 1989-06-12 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a prisoner's subsequent civil rights action challenging a drug violation was barred by res judicata because it arose from the same nucleus of operative fact as a prior, settled action challenging a riot violation, even if the drug violation was not explicitly
• Elzy v. Warden Roberson
  868 F.2d 793· 5th Cir.· 1989-03-30 ·cited 10×
  The court held that the plaintiff's § 1983 action was time-barred by Louisiana's one-year statute of limitations for delictual actions.
• Taylor v. Green
  868 F.2d 162· 5th Cir.· 1989-03-22 ·cited 10×
  The court held that while a jury's verdict on damages is generally inviolate, nominal damages can be awarded when a constitutional right is violated but actual damages are not proven.
• Terry L. Davis for the Estate of Ronald D. Davis v. The City OF Ellensburg
  869 F.2d 1230· 9th Cir.· 1989-03-01 ·cited 10×·via 42 U.S.C. § 1983 Claim Against Municipality
  The court held that the plaintiffs failed to produce significantly probative evidence of a municipal policy or custom that caused the decedent's death, and the City's supervision was not deliberately indifferent.
• Remo Benigni v. City OF Hemet
  868 F.2d 307· 9th Cir.· 1989-02-14 ·cited 10×·via 42 U.S.C. § 1983 Liability
  The court held that the City of Hemet and its police officers did not preserve all their challenges to the jury instructions and that sufficient evidence supported the jury's verdict on the various constitutional claims, affirming the judgment.
• Howlett v. Rose
  537 So. 2d 706· Fla. 2d DCA· 1989-02-01 ·cited 10×
  The question of a state's sovereign immunity to an action brought in state court under 42 U.S.C. § 1983 is a matter of state law, and Florida has not waived its sovereign immunity for such actions except as provided by statute for traditional tort actions.
• Vigliotto v. Terry
  865 F.2d 1131· 9th Cir.· 1989-01-19 ·cited 10×
  The court held that a temporary three-day deprivation of an inmate's legal materials, without fault of the defendants, does not rise to a constitutional deprivation of access to the courts, and general allegations of harassment are insufficient to state an Eighth Amendment claim.
• Front Royal & Warren Cnty. Indus. Park Corp. v. Town OF Front Royal
  865 F.2d 77· 4th Cir.· 1989-01-09 ·cited 10×
  The court held that an order striking a defense of absolute legislative immunity is immediately appealable because it conclusively determines the disputed question, resolves an important issue separate from the merits, and is effectively unreviewable on appeal from a final judgme
• Holt v. Ford
  862 F.2d 850· 11th Cir.· 1989-01-04 ·cited 10×
• Edwards v. Baer
  863 F.2d 606· 8th Cir.· 1988-12-19 ·cited 10×·via 42 U.S.C. § 1983 Liability
  An officer making an arrest based on a facially valid warrant, even if later found invalid, is entitled to qualified immunity if their actions were objectively reasonable. A municipality is not liable for an employee's violation if its policy, if followed, would have prevented th
• Davis v. Little
  851 F.2d 605· 2d Cir.· 1988-07-12 ·cited 10×
  The court held that the magistrate correctly applied the Fourth Amendment's reasonableness standard to the officer's use of deadly force, even though the incident occurred before the Supreme Court's decision in Tennessee v. Garner, and affirmed the damages award.
• Frazier v. Coughlin
  850 F.2d 129· 2d Cir.· 1988-06-29 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court erred by failing to consider all of the plaintiff's claims when dismissing the complaint, and that claims based on rules not properly filed may be valid if the plaintiff lacked notice.
• Moreton Rolleston, Jr. v. Judge Frank M. Eldridge
  848 F.2d 163· 11th Cir.· 1988-06-27 ·cited 10×
  The court held that a judge is protected by judicial immunity for actions taken in a judicial capacity, even if procedural errors occurred, and that federal courts should not review state court decisions.
• Byrne v. Roemer
  847 F.2d 1130· 5th Cir.· 1988-06-13 ·cited 10×
  The court held that the prisoner was not entitled to a stay of execution because his section 1983 claim, based on the premise that a Louisiana statute unconstitutionally limited his federal right to seek Supreme Court review, lacked merit. The federal statute does not grant the a
• P. Sidney Neuwirth, D.D.S. v. La. State Bd. OF Dentistry
  845 F.2d 553· 5th Cir.· 1988-05-23 ·cited 10×
  The dissenting judge argues that the majority opinion unnecessarily reached the merits of the case, which should have been dismissed due to a pleading defect.
• Wozniak v. Cnty. OF DuPAGE
  845 F.2d 677· 7th Cir.· 1988-04-21 ·cited 10×·via Section 1983
  The court held that the Wozniaks' Section 1983 claims were barred by res judicata and collateral estoppel, as the issues and claims could have and were litigated in the prior state court mandamus action. The court affirmed the district court's grant of summary judgment.
• Hammond v. Waldo Bales and Roger Hammond
  843 F.2d 1320· 10th Cir.· 1988-04-08 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  A prosecutor is absolutely immune from suit for actions taken within the scope of his prosecutorial duties, including offering to dismiss criminal charges in exchange for a release of civil liability, provided the agreement is voluntary and the prosecutor has legitimate reasons f
• Function Junction, Inc. v. City of Daytona Beach
  705 F. Supp. 544· M.D. Fla.· 1988-01-27 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that Daytona Beach Zoning Ordinance No. 81-292 is a constitutional time, place, and manner restriction on adult theaters, serving a substantial governmental interest in combating urban blight and promoting redevelopment, and allowing for ample alternative channels
• Glick v. Woodson D. Walker
  834 F.2d 709· 8th Cir.· 1987-12-04 ·cited 10×
  The court held that the Department's policy did not create a liberty interest and that the lack of intent to deprive the inmate of any interest defeated his section 1983 action. Furthermore, a failure to properly classify an inmate under state law does not constitute a constituti
• S-1 & S-2 v. C.D. Spangler, Jr.
  832 F.2d 294· 4th Cir.· 1987-11-02 ·cited 10×
  The court held that the appeal is moot due to a settlement, and therefore vacates the district court's order and remands for dismissal of the action, except for the ancillary claim for costs and attorney's fees.
• Valiant-Bey v. Morris
  829 F.2d 1441· 8th Cir.· 1987-09-29 ·cited 10×
  The court held that the district court erred in dismissing claims that prison officials wrongfully confiscated a memorandum and discriminated in handling mail from a religious organization, but did not err in dismissing the overbreadth claim.
• Jones v. Preuit & Mauldin
  822 F.2d 998· 11th Cir.· 1987-07-24 ·cited 10×·via Section 1983
  The judge issuing a writ of attachment must have discretion to inquire into the veracity of the creditor's allegations, not just facial sufficiency, to satisfy constitutional due process requirements.
• Leaman v. Ohio Dep't OF Mental Retardation & Dev. Disabilities
  825 F.2d 946· 6th Cir.· 1987-07-23 ·cited 10×
  The court held that the plaintiff's voluntary election to sue in the Ohio Court of Claims constituted a waiver of her federal claims against state employees, as the Ohio statute provided a reasonable alternative forum and remedy.
• Rakovich v. Wade
  819 F.2d 1393· 7th Cir.· 1987-05-22 ·cited 10×
  The court held that while the jury's finding of liability for a First Amendment violation was supported by evidence, the compensatory and punitive damage awards were excessive and must be reconsidered.
• Pressly v. Hutto
  816 F.2d 977· 4th Cir.· 1987-04-28 ·cited 10×
  Summary judgment was inappropriate because a genuine dispute of material fact exists regarding whether the defendant prison official acted with deliberate indifference to a known risk of harm to the inmate.
• United States v. State OF Wash.
  813 F.2d 1020· 9th Cir.· 1987-03-31 ·cited 10×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the Indian tribes' treaty interpretation claims do not give rise to a claim cognizable under 42 U.S.C. § 1983, and therefore do not support an award of attorneys' fees under 42 U.S.C. § 1988.
• Carolan v. City OF Kan. City
  813 F.2d 178· 8th Cir.· 1987-03-06 ·cited 10×
  The court held that appellants did not have a constitutionally protected property interest in the occupancy certificate because they failed to comply with the requirements for its issuance, thus affirming summary judgment.
• Pryzina v. LEY
  813 F.2d 821· 7th Cir.· 1987-03-04 ·cited 10×
  The court held that the action was barred by the Tax Injunction Act and the principle of comity, and that judicial and prosecutorial defendants were immune from liability.
• Brown v. Frey
  806 F.2d 801· 8th Cir.· 1986-12-05 ·cited 10×
  The court held that dismissing a pro se plaintiff's complaint with prejudice for failure to comply with a pretrial order, without a clear record of delay or contumacious conduct, constitutes an abuse of discretion.
• Collins v. Cnty. OF Kendall
  807 F.2d 95· 7th Cir.· 1986-12-03 ·cited 10×
  The court held that the plaintiffs failed to allege sufficient facts to support an inference of bad faith prosecution, thus the district court properly abstained under the Younger doctrine.
• Ira Jackson, Jr. v. Dallas Police Dep't
  811 F.2d 260· 5th Cir.· 1986-10-17 ·cited 10×
  The court held that the district court did not abuse its discretion in denying the appointment of counsel for a section 1983 claim, and that the appeal was not frivolous.
• Hernandez v. George
  793 F.2d 264· 10th Cir.· 1986-06-17 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  The appellate court reversed a final judgment for the defendants, finding that the trial court erred in denying the plaintiffs' requested jury instruction regarding the truck driver's duty of care.
• Holloway v. A.L. Lockhart
  792 F.2d 760· 8th Cir.· 1986-06-11 ·cited 10×
  The court held that the district court erred in dismissing the inmate's pro se complaint for failure to state a claim, as it alleged a deprivation of property without due process.