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

• The Reverend Temperance E. Wright v. State
  495 F.2d 1086· 5th Cir.· 1974-06-13 ·cited 10×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the district court had jurisdiction over the plaintiff's claims for damages under the Fourth Amendment and 18 U.S.C. § 2520, and that the claims should not have been dismissed without an opportunity to prove them. The court also noted that equitable relief cla
• Robinson v. Jefferson Cnty. Bd. OF Educ.
  485 F.2d 1381· 5th Cir.· 1973-10-23 ·cited 10×·via § 1983 Suit
  A non-tenured teacher does not have a constitutionally protected property interest in continued employment absent a statute or contract requiring cause for dismissal. The school board's decision not to renew the contract was not a violation of constitutional rights.
• Williams v. Police Officer Gould & City of Los Angeles
  486 F.2d 547· 9th Cir.· 1973-10-17 ·cited 10×·via 42 U.S.C. § 1983 Liability
  Good faith belief is a defense to damages claims under 42 U.S.C. § 1983 for warrantless entry into a home to arrest a felon.
• Slate v. McFETRIDGE
  484 F.2d 1169· 7th Cir.· 1973-08-30 ·cited 10×·via 42 U.S.C. § 1983 Liability
  The court held that it was error to deny plaintiffs' motion for a directed verdict on their due process claim, as the defendants failed to provide prompt administrative action on their permit application.
• Boettger v. Moore
  483 F.2d 86· 9th Cir.· 1973-07-31 ·cited 10×·via 42 U.S.C. § 1983 Liability
  Higher city officials are not vicariously liable under 42 U.S.C. § 1983 for the acts of lower officials when state law does not impose such liability.
• Rainey v. Jackson State Coll.
  481 F.2d 347· 5th Cir.· 1973-06-27 ·cited 10×
  The court held that the College's refusal to hire Dr. Rainey for the 1970-71 and 1971 summer terms was based on constitutionally impermissible reasons, requiring separate consideration.
• Simmons v. Jones
  478 F.2d 321· 5th Cir.· 1973-05-14 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the federal district court improperly intervened in the state's jury selection process and should have abstained or dismissed the case for failure to state a claim.
• Goldie Ann Betts v. Bd. OF Educ. OF the City OF Chicago
  466 F.2d 629· 7th Cir.· 1972-08-25 ·cited 10×·via Section 1983
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, as the plaintiff failed to show a reasonable probability of success on the merits of her due process or state statutory claims.
• Long v. Bd. OF Educ. OF the City OF ST. Louis
  456 F.2d 1058· 8th Cir.· 1972-03-13 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the teachers' reemployment was not refused for constitutionally impermissible reasons, as their actions exceeded their authority and impacted employer efficiency.
• Particular Cleaners, Inc. v. Commonwealth Edison Co.
  457 F.2d 189· 7th Cir.· 1972-02-11 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a private utility's decision to require security deposits, even if authorized by a state commission order that merely limits such deposits, does not constitute state action sufficient to support a claim under 42 U.S.C. § 1983.
• Smith v. Follette
  445 F.2d 955· 2d Cir.· 1971-07-08 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the applications were essentially habeas corpus petitions requiring exhaustion of state remedies.
• Anwar Khan v. Patrolmen Alex J. Garanzini and Robert N. Paille
  411 F.2d 210· 6th Cir.· 1969-05-28 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a verified complaint can serve as an affidavit to controvert factual statements in opposing affidavits for summary judgment purposes. Summary judgment for the officers was reversed.
• Mosher v. Beirne
  357 F.2d 638· 8th Cir.· 1966-03-24 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a plaintiff operating a business in violation of valid zoning and licensing ordinances cannot claim deprivation of civil rights, even if the mayor was involved in enforcing those ordinances.
• Otto v. Hon. Frank R. Somers
  332 F.2d 697· 6th Cir.· 1964-06-05 ·cited 10×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the district court correctly dismissed the taxpayer's complaint for lack of federal jurisdiction, as no civil rights violations under the Fourteenth Amendment were demonstrated.
• DeMarcus v. Univ. of S. Ala.
  133 F.4th 1305· 11th Cir.· 2025-04-10 ·cited 9×·via 42 U.S.C. § 1983 Violations
  The court held that the players' allegations did not establish violations of Title IX or 42 U.S.C. § 1983, affirming the district court's dismissal.
• Hoffman v. Smith
  2024 WL 3898011· M.D. Fla.· 2024-12-13 ·cited 9×·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiff failed to meet his initial burden of proving the relevance of his discovery requests, and the requests were also objectionable as irrelevant, overly broad, or disproportionate.
• Rodemaker v. City of Valdosta Bd. of Educ.
  110 F.4th 1318· 11th Cir.· 2024-08-05 ·cited 9×·via 42 U.S.C. § 1983 Civil Rights Action
  The Eleventh Circuit held that the district court correctly granted summary judgment for the Board of Education based on res judicata, finding privity between the Board and its members who were defendants in the prior lawsuit.
• Iwoinakee Gebray Harris-Billups v. Milele Anderson
  61 F.4th 1298· 11th Cir.· 2023-03-13 ·cited 9×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officer's use of deadly force was objectively reasonable under the Fourth Amendment, entitling her to qualified immunity.
• Nance v. Comm'r, Ga. Dep't of Corr.
  981 F.3d 1201· 11th Cir.· 2020-12-02 ·cited 9×·via 42 U.S.C. § 1983 Civil Rights Action
  Michael Nance, a death row inmate challenging Georgia's lethal injection protocol as unconstitutional under the Eighth Amendment, filed suit under 42 U.S.C. § 1983 seeking an injunction against the only method of execution authorized by state law and proposing firing squad as an
• Florida Democratic Party v. Hood
  342 F. Supp. 2d 1073· N.D. Fla.· 2004-10-21 ·cited 9×
  Federal law mandates allowing voters to cast provisional ballots even if at the wrong polling place, but does not require counting such ballots if cast at the incorrect precinct.
• Showers v. City of Bartow
  978 F. Supp. 1464· M.D. Fla.· 1997-09-24 ·cited 9×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the plaintiff failed to state sufficient factual allegations to support claims under Title VII, § 1981, and § 1983, and also failed to exhaust administrative remedies for the Title VII claim, but denied dismissal for lack of jurisdiction over the state law cla
• Garner Gregory v. The City OF Rogers
  974 F.2d 1006· 8th Cir.· 1992-09-09 ·cited 9×
  The court held that the plaintiffs presented sufficient evidence to withstand summary judgment, as a reasonable factfinder could conclude officers knew of the passengers' intoxication and the driver's designated status.
• Cordero v. De Jesus-Mendez
  922 F.2d 11· 1st Cir.· 1990-12-18 ·cited 9×
  Postjudgment interest accrues from the date of the judgment entered after a retrial ordered due to insufficient evidence, not from the date of the original vacated judgment.
• Streetman v. Lt. Gary Jordan
  918 F.2d 555· 5th Cir.· 1990-12-07 ·cited 9×
  The court held that the appellant failed to meet the heightened pleading standards required to overcome the qualified immunity defense, thus the district court properly granted summary judgment.
• Keene Corp. v. Judge J.E. Cass
  908 F.2d 293· 8th Cir.· 1990-07-09 ·cited 9×
  The court held that federal courts lack subject matter jurisdiction to review state court orders when the federal claims are inextricably intertwined with the state court's rulings, and that attorney fees under 42 U.S.C. § 1988 cannot be awarded when a case is dismissed for lack
• Miller v. Lovett
  879 F.2d 1066· 2d Cir.· 1989-07-17 ·cited 9×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court erred in instructing the jury on excessive force using an outdated subjective standard and in dismissing the state-law claims.
• DEL A. v. Edwards
  855 F.2d 1148· 5th Cir.· 1988-09-28 ·cited 9×·via Section 1983
  The dissent argues that the court should have considered the legal sufficiency of the plaintiffs' claims, concluding that no federal cause of action exists for damages against state officials under the Adoption Assistance Act.
• Hicks v. Feeney
  850 F.2d 152· 3d Cir.· 1988-06-22 ·cited 9×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that dismissal was an excessive sanction, and an order precluding the plaintiff from establishing actual and punitive damages would have been more appropriate.
• Geter v. Wille
  846 F.2d 1352· 11th Cir.· 1988-06-14 ·cited 9×
  Supervisory officials cannot be held liable under 42 U.S.C. § 1983 for the acts of their subordinates solely on the basis of respondeat superior or the mere right to control without evidence of personal participation or a policy/custom causing the injury.
• Murphy v. Mo. Dep't OF Corr.
  814 F.2d 1252· 8th Cir.· 1987-03-19 ·cited 9×·via 42 U.S.C. § 1983 Civil Rights Action
  A total ban on inmate mail from an organization, even one espousing white supremacy, is an unconstitutional restriction on free speech and religious exercise if less restrictive means are available to ensure prison security. Furthermore, the failure to follow established procedur
• Majette v. O'Connor
  811 F.2d 1416· 11th Cir.· 1987-03-06 ·cited 9×
  A state's notice of claim statute, like Fla. Stat. § 768.28(6), cannot be applied to bar a federal civil rights action under 42 U.S.C. § 1983, as it constitutes an impermissible exhaustion of administrative remedies.
• Hutchinson v. Grant
  796 F.2d 288· 9th Cir.· 1986-08-05 ·cited 9×·via 42 U.S.C. § 1983 Civil Rights Action
  Summary judgment was improperly granted for Officer Grant because material facts were disputed regarding probable cause and the use of force, but it was properly granted for the Town of Hillsborough as there was no evidence of conspiracy.
• Gordon v. Norman
  788 F.2d 1194· 6th Cir.· 1986-04-23 ·cited 9×
  The court held that the defendants failed to demonstrate prejudice from their attorney's alleged conflict of interest and that federal law governs the award of punitive damages, not state law regarding financial condition evidence.
• Love v. King
  784 F.2d 708· 5th Cir.· 1986-03-12 ·cited 9×·via 42 U.S.C. § 1983 Liability
  The court held that a municipality is not vicariously liable under 42 U.S.C. § 1983 for employee acts absent policy or custom, and that mere negligence by a government official does not constitute an abuse of power actionable under § 1983 for a due process violation.
• Isiah Carl Green v. McKASKLE
  770 F.2d 445· 5th Cir.· 1985-08-26 ·cited 9×
• Dinorah Berberena v. Coler
  753 F.2d 629· 7th Cir.· 1985-01-31 ·cited 9×·via 42 U.S.C. § 1983 Civil Rights Action
  The dissenting judge believes the district court erred in granting the full attorney fee request without a more thorough analysis and evidentiary hearing.
• Gilmere v. City OF Atlanta
  737 F.2d 894· 11th Cir.· 1984-07-09 ·cited 9×·via 42 U.S.C. § 1983 Liability
  The court held that the City of Atlanta could not be held liable under 42 U.S.C. § 1983 for the actions of its police officers absent an official policy or custom, and that the officers' conduct, being random and unauthorized, was remedied by Georgia's post-deprivation tort law,
• Houston Welf. Rights Org., Inc. v. Vowell
  555 F.2d 1219· 5th Cir.· 1977-07-13 ·cited 9×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that Texas' policy of prorating shelter and utility expenses when a non-AFDC recipient shares a residence violates federal regulations, and this violation tainted the averaging process for its flat-grant system, requiring recalculation of the standard of need.
• Bryan v. Jones
  519 F.2d 44· 5th Cir.· 1975-09-15 ·cited 9×
• Nat. Aacp v. Fla. Corr.
  122 F. Supp. 2d 1335· M.D. Fla.· 2000-09-21 ·cited 8×·via Section 1983
  The court affirmed the magistrate judge's order allowing plaintiffs to conduct ex parte interviews of current and former employees of the Department of Corrections, subject to specific guidelines and protective measures.
• Kris Lindquist v. Woronka
  706 So. 2d 358· Fla. 4th DCA· 1998-01-28 ·cited 8×·via 42 U.S.C. § 1983 Liability
  Kris Lindquist appeals the dismissal of his § 1983 civil rights action against police officers who arrested him while intoxicated and then released him near a police station, after which he was struck by a vehicle causing severe permanent injuries. The court affirmed dismissal, h
• Schebel v. Charlotte Cnty.
  833 F. Supp. 889· M.D. Fla.· 1993-10-05 ·cited 8×·via 42 U.S.C. § 1983 Liability
  The court granted the defendant's motion to strike the plaintiff's second amended complaint and ordered the plaintiff to file a new pleading due to lack of cohesiveness and clarity, and failure to obtain leave of court.
• Reed v. Trooper Gardner
  986 F.2d 1122· 7th Cir.· 1993-02-23 ·cited 8×·via 42 U.S.C. § 1983 Liability
  Police officers may be liable under section 1983 if their affirmative actions create a dangerous situation or render citizens more vulnerable to danger than they otherwise would have been. However, a fetus cannot bring a claim under section 1983, and an appeal filed with "et al."
• Witmer v. Univ. OF Fla. Police Dep't
  610 So. 2d 87· Fla. 1st DCA· 1992-12-14 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  Witmer appealed the trial court's dismissal of his civil rights complaint against University of Florida police officers. The court affirmed dismissal of section 1983 claims against the state and officers in their official capacities, but reversed dismissal of claims against offic
• Gates v. Deukmejian
  977 F.2d 1300· 9th Cir.· 1992-10-06 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court abused its discretion by failing to articulate a clear reason for the ten percent fee reduction and by not independently reviewing the fee application. The court also held that enhancement for contingency is not permitted under 42 U.S.C. § 1
• Northington v. Jackson
  973 F.2d 1518· 10th Cir.· 1992-08-17 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that dismissal of claims against the Sheriff's Department and certain officers was proper, but the dismissal of claims against Captain Jackson, Sergeant Motley, and Deputy Marin for excessive force and failure to protect was erroneous.
• Coyne v. City OF Somerville
  972 F.2d 440· 1st Cir.· 1992-08-17 ·cited 8×
  The court held that the plaintiff failed to state a claim for violations of due process, equal protection, or freedom of speech under federal law, and affirmed the dismissal of state law claims.
• Eugenio L. Rodriguez v. Holmes
  963 F.2d 799· 5th Cir.· 1992-06-24 ·cited 8×·via Section 1983
  The court held that the statute of limitations for the pro se litigant's civil rights action was tolled during the pendency of his state court proceedings, and therefore the action was timely filed.
• Orlean Hopkins v. Andaya
  958 F.2d 881· 9th Cir.· 1992-03-05 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that summary judgment was inappropriate because genuine issues of material fact existed regarding the reasonableness of the officer's use of deadly force, and the dismissal of the state wrongful death claim was also improper.
• Buckey v. Cnty. OF LOS Angeles
  968 F.2d 791· 9th Cir.· 1992-02-19 ·cited 8×·via 42 U.S.C. § 1983 Violations
  The court held that the plaintiff should be allowed to amend her complaint to potentially state a claim for conspiracy under color of state law to deny due process and equal protection.