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

• Marx v. Gumbinner
  905 F.2d 1503· 11th Cir.· 1990-07-13 ·cited 76×
  The court held that probable cause existed to arrest the plaintiff, barring his section 1983 claim for wrongful arrest.
• Busche v. Burkee
  649 F.2d 509· 7th Cir.· 1981-05-21 ·cited 76×
  The court affirmed the district court's judgment regarding compensatory and punitive damages but remanded the award of attorney's fees for reconsideration.
• Williams v. Ward
  556 F.2d 1143· 2d Cir.· 1977-05-26 ·cited 76×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a prisoner's claim for access to and rebuttal of information in his institutional files, which may affect parole, is a civil rights action under 42 U.S.C. § 1983, not a habeas corpus petition, and thus does not require exhaustion of state remedies.
• Freeman v. The Gould Special Sch. Dist. OF Lincoln Cnty.
  405 F.2d 1153· 8th Cir.· 1969-01-15 ·cited 76×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the nonrenewal of public school teachers' contracts based on conclusory and unsupported charges of incompetence may state a claim for deprivation of constitutional rights under the Civil Rights Act.
• Sweet v. S.C. Dep't OF Corr.
  529 F.2d 854· 4th Cir.· 1975-12-01 ·cited 75×·via § 1983
  The court held that indefinite solitary confinement to protect a prisoner from other inmates, when the prisoner has violated no rules, constitutes cruel and unusual punishment and violates due process and equal protection. The court also held that a prisoner's fear of death is no
• Jenkins v. Nell
  26 F.4th 1243· 11th Cir.· 2022-03-03 ·cited 74×·via 42 U.S.C. § 1983 Civil Rights Action
  The Eleventh Circuit reversed the grant of summary judgment, holding that the plaintiff presented sufficient circumstantial evidence to create a triable issue of intentional discrimination under the "convincing mosaic" framework, even if a prima facie case under McDonnell Douglas
• State of Fla. ex rel. Robert A. Butterworth v. Kenny
  714 So. 2d 404· Fla.· 1998-04-23 ·cited 74×·via 42 U.S.C. § 1983 Civil Rights Action
  The Florida Supreme Court held that the Capital Collateral Regional Counsel (CCRC) lacks statutory authority to represent death row inmates in civil rights lawsuits challenging the means of execution, but is limited to traditional postconviction relief actions challenging the val
• Putman v. Gerloff
  639 F.2d 415· 8th Cir.· 1981-01-28 ·cited 74×·via 42 U.S.C. § 1983 Liability
  The court held that the jury instructions improperly applied Eighth Amendment standards to pre-trial detainees and that the directed verdict for Deputy Crowe was erroneous, requiring a new trial.
• Johnson v. Duffy
  588 F.2d 740· 9th Cir.· 1978-12-27 ·cited 74×
  The court held that a public official can be liable under section 1983 for omissions that cause a deprivation of due process, even without direct personal participation in the forfeiture decision. The court also held that the good faith defense is unavailable if the official knew
• Grandstaff v. The City OF Borger
  767 F.2d 161· 5th Cir.· 1985-08-05 ·cited 73×·via 42 U.S.C. § 1983 Liability
  Police officers are liable under both Texas law and the Fourteenth Amendment for recklessly using deadly force that kills an innocent third party, even when the force might have been justified against the actual suspect. A municipality is liable under § 1983 for a policy of consc
• Vanelli v. Reynolds Sch. Dist. NO. 7
  667 F.2d 773· 9th Cir.· 1982-01-21 ·cited 73×
  A post-termination hearing can satisfy due process for a property interest if adequate, but a pre-termination hearing is required for a liberty interest when the dismissal is not an emergency. Damages are appropriate for the deprivation of the liberty interest.
• Winsett v. McGINNES
  617 F.2d 996· 3d Cir.· 1980-03-24 ·cited 73×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the inmate's claim for injunctive relief was moot due to his parole and transfer, but his claims for damages and declaratory relief were not moot. The court also found that the inmate's due process claim regarding work release denials was not barred by the dis
• Fitzke v. Shappell
  468 F.2d 1072· 6th Cir.· 1972-10-03 ·cited 73×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the allegations of the complaint, if true, stated a cause of action under 42 U.S.C. § 1983 for denial of necessary medical care during incarceration, and that the submitted affidavits did not negate genuine issues of material fact, thus precluding summary judg
• Trellus Richmond v. Badia
  47 F.4th 1172· 11th Cir.· 2022-08-22 ·cited 70×·via 42 U.S.C. § 1983 (Excessive Force)
  A school resource officer was not entitled to qualified immunity on an excessive force claim under the Fourth Amendment when he grabbed a thirteen-year-old student's face, threw him to the ground using an armbar technique, and twisted his wrist, despite having arguable probable c
• Shoemaker v. Hal Handel
  795 F.2d 1136· 3d Cir.· 1986-07-10 ·cited 70×·via 42 U.S.C. § 1983 Civil Rights Action
  Warrantless breathalyzer and urine testing of jockeys in the highly regulated horse racing industry is permissible under the Fourth Amendment's administrative search exception, and the selective enforcement does not violate equal protection.
• Rollins Freeman v. Franzen
  695 F.2d 485· 7th Cir.· 1982-12-15 ·cited 70×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court erred in granting judgment notwithstanding the verdict for two defendants, and that the jury's punitive damages award against another defendant was supported by the evidence. The court also held that prisoners can bring claims for excessive
• Ireland v. Prummell
  53 F.4th 1274· 11th Cir.· 2022-11-14 ·cited 69×·via 42 U.S.C. § 1983 (Excessive Force)
  Thomas Ireland's father appealed the district court's grant of summary judgment dismissing his claims arising from his son's death following a violent altercation with corrections officers at the Charlotte County Jail on August 24, 2015. The Eleventh Circuit affirmed the dismissa
• Barton Protective Servs., Inc. v. Faber
  745 So. 2d 968· Fla. 4th DCA· 1999-07-21 ·cited 69×·via 42 U.S.C. § 1983 Civil Rights Action
  A shopping mall security company (Barton) was held liable under 42 U.S.C. § 1983 for false arrest as a willful participant in joint action with police officers who arrested two men without probable cause. The court affirmed the liability finding but reversed the trial court's app
• Benson v. Cady
  761 F.2d 335· 7th Cir.· 1985-04-18 ·cited 68×·via Section 1983
  The court held that the allegations, read as a whole, do not state a claim of reckless disregard for serious medical needs satisfying the 'deliberate indifference' standard.
• Hagerty v. Succession OF Laura McCloskey Clement
  749 F.2d 217· 5th Cir.· 1984-12-17 ·cited 68×
  The federal district court correctly dismissed the section 1983 action for lack of subject matter jurisdiction and failure to state a claim, and the appeal is frivolous, warranting double costs and attorney's fees.
• Ybarra v. Reno Thunderbird Mobile Home Vill.
  723 F.2d 675· 9th Cir.· 1984-01-10 ·cited 68×·via 42 U.S.C. § 1983 Claim For Damages
  A prosecutor is absolutely immune from damages liability under 42 U.S.C. § 1983 for authorizing the release of evidence, as this is considered a quasi-judicial act within the scope of their authority. A supervisor cannot be held liable for a subordinate's constitutional deprivati
• Parks v. Watson
  716 F.2d 646· 9th Cir.· 1983-09-22 ·cited 68×·via Section 1983
  The court held that conditioning a street vacation on the dedication of unrelated geothermal wells without just compensation violates the Fifth Amendment's unconstitutional conditions doctrine and the Equal Protection Clause. However, the court reversed and remanded the procedura
• Knights OF THE KU Klux Klan Realm OF Louisiana v. E. Baton Rouge Parish Sch. Bd.
  679 F.2d 64· 5th Cir.· 1982-06-25 ·cited 68×
  The court held that the Equal Access to Justice Act (EAJA) may apply to cases pending on appeal when the Act became effective, and remanded the case for the district court to determine eligibility for fees.
• Popham v. City OF Talladega
  908 F.2d 1561· 11th Cir.· 1990-08-20 ·cited 67×
  The court held that the facts presented did not rise to the level of deliberate indifference required for a constitutional violation under 42 U.S.C. § 1983, and affirmed the grant of summary judgment.
• Carson v. Officer Polley
  689 F.2d 562· 5th Cir.· 1982-10-18 ·cited 67×
  The court held that the district court erred in excluding departmental performance reports for Deputy Sheriff Holley (relevant to intent) and Deputy Sheriff Ellis (relevant for impeachment), requiring a new trial.
• Ballard v. Sheriff Spradley
  557 F.2d 476· 5th Cir.· 1977-08-12 ·cited 67×
  The court held that appellate jurisdiction exists to review the district court's order and that the U.S. Marshals Service is required to transport state prisoners for testimony in federal court.
• Meadows v. Lon Evans
  550 F.2d 345· 5th Cir.· 1977-04-08 ·cited 67×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a federal civil rights action for damages under 42 U.S.C. § 1983 cannot be used to relitigate the voluntariness of a guilty plea that has already been affirmed on direct appeal and denied on collateral attack in state court. The exhaustion requirement of 28 U.
• Gumz v. Morrissette
  772 F.2d 1395· 7th Cir.· 1985-09-05 ·cited 66×·via 42 U.S.C. § 1983 Liability
  Excessive force claims during an arrest should be analyzed under the Fourth Amendment's objective reasonableness standard, not the Fourteenth Amendment's substantive due process, which lacks textual support and relies on subjective judicial feelings.
• Lowell Buller v. Buechler
  706 F.2d 844· 8th Cir.· 1983-05-05 ·cited 66×
  The court held that private individuals who utilize state garnishment procedures, even if later found unconstitutional, can be considered state actors for section 1983 purposes if they act jointly with state officials, and may assert a qualified immunity defense.
• Bonner v. Coughlin
  657 F.2d 931· 7th Cir.· 1981-08-20 ·cited 66×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court erred in awarding a multiplier and excessive hours for attorneys' fees, but affirmed the grant of judgment notwithstanding the verdict for one defendant and the interest rate on the judgment.
• Winters v. Abe Lavine
  574 F.2d 46· 2d Cir.· 1978-01-16 ·cited 66×·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the district court's decision, holding that the plaintiff's claim for Christian Science nurse services was barred by res judicata and that abstention was appropriate for the practitioner services claim.
• Reuben Palmer v. City OF Chicago
  806 F.2d 1316· 7th Cir.· 1986-11-26 ·cited 65×·via 42 U.S.C. § 1983 Civil Rights Action
  An order to pay interim attorney's fees is appealable under the collateral order doctrine if the party ordered to pay faces irreparable harm from immediate payment that cannot be recovered if the order is later reversed.
• Ferrara v. Mills
  781 F.2d 1508· 11th Cir.· 1986-02-10 ·cited 65×
  The court held that a public school teacher's complaints about his teaching schedule and assignments, even if tangentially related to public education, did not constitute speech on a matter of public concern and thus were not constitutionally protected under the First Amendment.
• Saldana v. Garza
  684 F.2d 1159· 5th Cir.· 1982-09-07 ·cited 65×·via 42 U.S.C. § 1983 Liability
  Police officers are entitled to qualified immunity from civil damages if their conduct does not violate clearly established statutory or constitutional rights, even if the arrest was later found to be illegal.
• Agnew v. City OF Compton
  239 F.2d 226· 9th Cir.· 1956-12-17 ·cited 65×
  The court held that the complaint failed to state a cause of action under the Civil Rights Act because the alleged wrongs did not deprive the plaintiff of rights secured by the Constitution and federal laws.
• Downs v. Sawtelle
  574 F.2d 1· 1st Cir.· 1978-03-30 ·cited 64×·via 42 U.S.C. § 1983 Liability
  The dissenting judge would hold that social workers are entitled to qualified immunity and that private parties acting with immune state actors should also be dismissed from liability.
• Erdmann v. Stevens
  458 F.2d 1205· 2d Cir.· 1972-04-12 ·cited 64×·via 42 U.S.C. § 1983 Civil Rights Action
  Federal courts should not intervene in state bar disciplinary proceedings unless there are exceptional circumstances like bad faith or irreparable harm not remediable in state court.
• Anderson v. City OF Atlanta
  778 F.2d 678· 11th Cir.· 1985-12-16 ·cited 63×
  The court held that the trial court erred in granting judgment notwithstanding the verdict because there was sufficient evidence for the jury to find that the City of Atlanta and Director Hudson were liable under 42 U.S.C. § 1983 due to a policy or custom of understaffing that le
• Wellman v. Faulkner
  715 F.2d 269· 7th Cir.· 1983-08-09 ·cited 63×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the medical care at Michigan City prison was constitutionally inadequate due to deliberate indifference to serious medical needs, reversing and remanding for further relief. It affirmed the district court's findings on the totality of conditions and specific v
• Vail v. Bd. OF Educ. OF Paris Union Sch. Dist. NO. 95
  706 F.2d 1435· 7th Cir.· 1983-04-19 ·cited 63×
  A public employee with a term employment contract has a property interest in continued employment, requiring a meaningful opportunity to be heard before termination.
• Kingsville Indep. Sch. Dist. v. Cooper
  611 F.2d 1109· 5th Cir.· 1980-02-15 ·cited 63×
  The court held that an independent school district is amenable to suit under 42 U.S.C. § 1983, and that a teacher's classroom expression, even if controversial, is protected speech unless it overbalances her usefulness as an instructor.
• Lester v. City OF Chicago
  830 F.2d 706· 7th Cir.· 1987-09-17 ·cited 62×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that excessive force claims are governed by the Fourth Amendment's objective reasonableness standard, not the Fourteenth Amendment's 'shocks the conscience' test. The court also held that sufficient evidence supported the jury's finding of probable cause for arrest
• Strauss v. City OF Chicago
  760 F.2d 765· 7th Cir.· 1985-04-17 ·cited 62×·via 42 U.S.C. § 1983 Claim Against Municipality
  A plaintiff must plead specific facts tending to support the existence of a municipal policy that caused the injury, and bare allegations of policy are insufficient to state a claim under 42 U.S.C. § 1983.
• Davidson v. O'Lone
  752 F.2d 817· 3d Cir.· 1984-12-27 ·cited 62×·via 42 U.S.C. § 1983 Liability
  The New Jersey Tort Claims Act, which grants broad immunity to state agents, cannot shield them from liability under 42 U.S.C. § 1983 for violating the Fourteenth Amendment right to personal security. Involuntarily committed individuals retain a federally protected liberty intere
• McLAUGHLIN v. The City OF LaGRANGE
  662 F.2d 1385· 11th Cir.· 1981-12-07 ·cited 62×·via 42 U.S.C. § 1983 Liability
  The court held that the denial of the appellants' motion for additional time to respond was not an abuse of discretion, and that summary judgment was proper as no genuine issue of material fact existed.
• Brown v. Bathke
  588 F.2d 634· 8th Cir.· 1978-12-13 ·cited 62×·via 42 U.S.C. § 1983 Litigation
  The court held that attorney's fees under 42 U.S.C. § 1988 should be awarded for all time reasonably expended on a matter, not just on the specific issue on which the plaintiff ultimately prevailed. The court also held that the district court did not abuse its discretion in award
• Fine v. The City OF NEW York
  529 F.2d 70· 2d Cir.· 1975-12-31 ·cited 62×·via 42 U.S.C. § 1983 Liability
  The court held that public prosecutors are immune from § 1983 liability for official acts, private attorneys do not act 'under color of law' unless they engage in joint activity with state agents, and municipalities are not 'persons' under § 1983.
• Dailey v. City OF Lawton
  425 F.2d 1037· 10th Cir.· 1970-05-01 ·cited 62×·via 42 U.S.C. § 1983 Liability For Municipalities
  A municipality and its employees can be enjoined from acting in violation of federal constitutional rights, even if the municipality is not considered a 'person' for damages under 42 U.S.C. § 1983.
• Schnell v. City OF Chicago
  407 F.2d 1084· 7th Cir.· 1969-03-17 ·cited 62×·via 42 U.S.C. § 1983 Civil Rights Action
  The district court erred in dismissing the complaint for lack of jurisdiction and failure to state a claim under 42 U.S.C. § 1983.
• Kirchoff v. Flynn
  786 F.2d 320· 7th Cir.· 1986-03-17 ·cited 61×·via 42 U.S.C. § 1983 Litigation
  The dissenting judge argues that the district court's fee award calculation, based on a contingent fee contract reflecting market value, was reasonable and that the majority failed to provide adequate guidance.