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

• Franklin v. Atkins
  562 F.2d 1188· 10th Cir.· 1977-06-20 ·cited 8×
  The court held that the plaintiff failed to meet the burden of proving that constitutionally protected conduct was a substantial or motivating factor in the Regents' decision not to hire him, and that the Regents would have made the same decision even in the absence of any imperm
• G. H. McSHANE Co. v. McFADDEN
  554 F.2d 111· 3d Cir.· 1977-04-26 ·cited 8×·via 42 U.S.C. § 1983 Claim For Damages
  A party cannot recover damages under 42 U.S.C. § 1983 for utilizing a state foreign attachment procedure that was later declared unconstitutional, if the procedure was presumptively constitutional at the time of use and had not yet been expressly overturned.
• Lynch v. Philbrook
  550 F.2d 793· 2d Cir.· 1977-02-23 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that Vermont's regulations limiting emergency assistance eligibility for AFDC recipients were invalid as inconsistent with federal law under the Supremacy Clause.
• Keeton v. Guedry
  544 F.2d 199· 5th Cir.· 1976-12-16 ·cited 8×·via 42 U.S.C. § 1983 Liability
  A Justice of the Peace is entitled to judicial immunity when issuing an arrest warrant, even if they express doubt about the eventual prosecution of the charge.
• Munson v. Gilliam
  543 F.2d 48· 8th Cir.· 1976-10-20 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The Court of Appeals held that the district court abused its discretion in granting a preliminary injunction because the plaintiffs failed to show a strong likelihood of success on the merits or irreparable harm, and federal intervention in state criminal proceedings was unwarran
• Seymour F. X. [Cotton v. Hutto
  540 F.2d 412· 8th Cir.· 1976-08-27 ·cited 8×
  The court held that the district court's dismissal of most prisoner complaints was appropriate, but the dismissal of one prisoner's claim regarding a hernia and subsequent medical treatment was inappropriate and should be remanded.
• Sarteschi v. Burlein
  508 F.2d 110· 3d Cir.· 1975-01-06 ·cited 8×·via 42 U.S.C. § 1983 Liability
  The court held that a civil rights action against state officials for alleged unconstitutional discharge is not barred by the Eleventh Amendment, even if relief requires official action, as long as it does not seek to collect from the state treasury.
• Burdeau v. Trs. OF the Cal. State Colleges
  507 F.2d 770· 9th Cir.· 1974-11-29 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  A non-tenured probationary professor's contract non-renewal, without stated reasons or disclosure of personnel file contents, does not violate due process rights under the Fourteenth Amendment as it does not deprive the individual of 'liberty' or 'property'.
• Moye v. The City OF Raleigh
  503 F.2d 631· 4th Cir.· 1974-10-01 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that federal courts should abstain from interfering with pending state criminal prosecutions, denying injunctive and declaratory relief, and dismissing damages claims without prejudice.
• Citizens FOR A Better Env't, Inc. v. Nassau Cnty.
  488 F.2d 1353· 2d Cir.· 1973-11-14 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiffs failed to demonstrate a likelihood of prevailing on the merits or irreparable harm, given the unresolved state law questions regarding the plaintiff orga
• Polk v. The State BAR OF Tex.
  480 F.2d 998· 5th Cir.· 1973-06-20 ·cited 8×
  The court held that the district court erred in dismissing the § 1983 action based on the Younger doctrine, as the administrative reprimand by the Grievance Committee was not an integral part of Texas's criminal law enforcement.
• Handverger v. Harvill
  479 F.2d 513· 9th Cir.· 1973-05-22 ·cited 8×·via 42 U.S.C. § 1983 Liability
  University officials are entitled to the good faith defense in a § 1983 action when they reasonably believed the planned event involved illegal activity and sought legal counsel.
• Rhodes v. Bureau OF Prisons
  477 F.2d 347· 5th Cir.· 1973-04-27 ·cited 8×
  The court held that while the claim for injunctive relief was moot, the prisoner's claim for damages under 42 U.S.C. § 1983 failed as a matter of law.
• Lehman v. The City OF Pittsburgh
  474 F.2d 21· 3d Cir.· 1973-02-21 ·cited 8×·via 42 U.S.C. § 1983 Liability
  The court held that municipalities and their agencies are not 'persons' under 42 U.S.C. § 1983, but individual officials are. The equal protection claim regarding the durational residency ordinance requires further consideration.
• Carter v. Duggan
  455 F.2d 1156· 5th Cir.· 1972-02-29 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  State judges are immune from suit for damages for judicial actions, and a federal court should not compel state judges to act without prior exhaustion of state remedies.
• Torres v. Garcia
  444 F.2d 537· 9th Cir.· 1971-06-08 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
• Livingston v. Garmire
  437 F.2d 1050· 5th Cir.· 1971-01-22 ·cited 8×·via § 1983
  The court held that subsections (a) and (f) of the Miami disorderly conduct ordinance were unconstitutional on their face due to vagueness and overbreadth, and thus affirmed the district court's judgment.
• Collins v. State
  432 F.2d 60· 5th Cir.· 1970-09-23 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court properly denied relief on the appellant's petitions, finding no basis for a Civil Rights action or habeas corpus relief.
• Bailey v. Swindell
  89 F.4th 1324· 11th Cir.· 2024-01-08 ·cited 7×·via Section 1983
  The Eleventh Circuit held that the district court erred in granting judgment as a matter of law for the defendant officer on qualified immunity grounds, reversing the decision and reinstating the jury's verdict.
• Johnston v. Tampa Sports Auth. & Henry G. Saavedra
  530 F.3d 1320· 11th Cir.· 2008-06-18 ·cited 7×·via 42 U.S.C. § 1983 Civil Rights Action
  Gordon Johnston, a season ticket holder for Tampa Bay Buccaneers games, challenged the Tampa Sports Authority's pat-down search policy instituted at the NFL's mandate as violating the Fourth Amendment and Florida Constitution. The Eleventh Circuit reversed the district court's pr
• Miami-Dade Cnty. v. Denis Cardoso
  963 So. 2d 825· Fla. 3d DCA· 2007-08-08 ·cited 7×·via 42 U.S.C. § 1983 Liability
  Miami-Dade County appeals a jury verdict awarding Denis Cardoso $73,000 in damages for eight false arrest and/or imprisonment claims. The court affirms awards for past economic and non-economic damages but reverses the $10,000 award for future economic damages, finding insufficie
• Sherrod v. Palm Beach Cnty. Sch. Dist.
  424 F. Supp. 2d 1341· S.D. Fla.· 2006-03-26 ·cited 7×·via 42 U.S.C. § 1983 Liability
  The court held that the school district is not liable under § 1983 because the plaintiff failed to establish that the final policymakers (the school board) endorsed or were legally responsible for the superintendent's alleged retaliatory actions.
• Salas v. Carpenter
  980 F.2d 299· 5th Cir.· 1992-12-16 ·cited 7×·via Section 1983
  The court held that the sheriff was entitled to qualified immunity because the plaintiffs failed to state a claim for a violation of clearly established constitutional law, and the sheriff's actions did not constitute an abuse of governmental power or a violation of due process.
• Scott v. O'Grady
  975 F.2d 366· 7th Cir.· 1992-09-16 ·cited 7×·via Section 1983
  The court held that sheriffs and deputy sheriffs in Illinois act as state officials when enforcing court orders, thus their actions in such capacity are barred by the Eleventh Amendment. The suit against them in their official capacities was dismissed.
• Post v. City of Fort Lauderdale
  750 F. Supp. 1131· S.D. Fla.· 1990-11-15 ·cited 7×·via 42 U.S.C. § 1983 Liability For Municipalities
  Municipal departments are not proper parties to a lawsuit; only the municipality itself can be sued.
• McCORKLE v. W.E. Johnson
  881 F.2d 993· 11th Cir.· 1989-08-24 ·cited 7×·via 42 U.S.C. § 1983 Civil Rights Action
  A prison policy restricting access to religious materials is valid if reasonably related to legitimate penological interests, even if it impinges on an inmate's First Amendment rights.
• Pincham v. The Ill. Jud. Inquiry Bd. & Its Members
  872 F.2d 1341· 7th Cir.· 1989-04-27 ·cited 7×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that federal courts should abstain from interfering with state judicial disciplinary proceedings under the Younger doctrine, as the proceedings were ongoing, implicated important state interests, and offered an adequate opportunity to raise constitutional challenge
• Rickman v. Warden Avaniti
  854 F.2d 327· 9th Cir.· 1988-08-09 ·cited 7×
  The court held that a prison policy requiring visual strip searches for inmates in administrative segregation does not violate the Fourth Amendment or due process rights.
• McQUEEN v. J.A. Tabah
  839 F.2d 1525· 11th Cir.· 1988-03-18 ·cited 7×
  The court held that the Florida prison regulations created a liberty interest in remaining in the general population, and the record did not conclusively show that the defendants were entitled to summary judgment based on lack of causation or qualified immunity.
• Lloyd v. Ellis
  520 So. 2d 59· Fla. 1st DCA· 1988-01-27 ·cited 7×
  Barbara Lloyd appealed the dismissal of her civil rights action against Nassau County Sheriff Lawrence Ellis and County Investigator Sam Hayward for false arrest and cruel and unusual punishment. The court affirmed dismissal of claims against them in their official capacities but
• Greenberg v. Kmetko
  811 F.2d 1057· 7th Cir.· 1987-02-03 ·cited 7×
  The court held that the employee's speech, concerning internal agency disputes and personnel decisions, did not address a matter of public concern and therefore was not protected by the First Amendment.
• Elbert Welch v. Smith
  810 F.2d 40· 2d Cir.· 1987-01-27 ·cited 7×·via 42 U.S.C. § 1983 Litigation
  An order denying a plaintiff the appointment of counsel to represent him in pursuing the merits of a suit under 42 U.S.C. § 1983 may not be challenged separately by a direct appeal.
• Thomas v. Booker
  762 F.2d 654· 8th Cir.· 1985-05-16 ·cited 7×·via 42 U.S.C. § 1983 Liability
  The court held that the jury's final verdict should be given deference, and the magistrate's failure to clarify the jury's initial incomplete verdict did not constitute plain error.
• Leggett v. Badger
  759 F.2d 1556· 11th Cir.· 1985-05-13 ·cited 7×
  Attorney's fees can be assessed against a state even when damages are awarded only against a defendant official in his individual capacity, provided the state's interests were represented and the state is joined for the fee determination.
• Griffin v. State OF R.I.
  760 F.2d 359· 1st Cir.· 1985-04-16 ·cited 7×
  Res judicata principles bar the plaintiff's federal court action because the claims raised were, or could have been, litigated in prior state court proceedings.
• Betts v. Richard
  726 F.2d 79· 2d Cir.· 1984-01-23 ·cited 7×·via 42 U.S.C. § 1983 Civil Rights Action
  A prosecutor is absolutely immune from liability under 42 U.S.C. § 1983 for actions taken in procuring the attendance of a witness for trial, even if motivated by improper purposes.
• Wilcox v. Honorable Edward Miller
  691 F.2d 739· 5th Cir.· 1982-11-15 ·cited 7×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court should have dismissed the plaintiff's civil rights complaint without reaching the merits because the plaintiff's criminal conviction was still pending on appeal in state court.
• Sherika Franklin v. Popovich
  111 F.4th 1188· 11th Cir.· 2024-08-06 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The Eleventh Circuit held that the officer was entitled to qualified immunity because the plaintiff failed to show a violation of a clearly established constitutional right, as the suspect's actions could reasonably be perceived as a threat justifying deadly force.
• Pace v. City of Palmetto
  489 F. Supp. 2d 1325· M.D. Fla.· 2007-06-12 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officer was entitled to qualified immunity on the excessive force claim and statutory immunity on the assault and battery claim because his actions were objectively reasonable under the circumstances and did not violate clearly established law.
• Tennant v. Florida
  111 F. Supp. 2d 1326· S.D. Fla.· 2000-01-13 ·cited 6×·via Section 1983
  The court granted summary judgment for defendants on the federal civil rights claim, finding the state immune and the city not liable for failure to train. The state law claims were remanded.
• Donat McDONALD and Dorrell Bryan v. State
  742 So. 2d 830· Fla. 4th DCA· 1999-09-08 ·cited 6×
  McDonald and Bryan were charged with marijuana possession and delivery after police executed a search warrant at their home and discovered cannabis. While at the apartment, officers conducted a seven-hour reverse-sting operation without the defendants' consent, during which appro
• Harris v. Dist. BD. Trs. of Polk Cmty. Coll.
  9 F. Supp. 2d 1319· M.D. Fla.· 1998-06-18 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiffs sufficiently alleged a First Amendment retaliation claim against President Peck and that the statute of limitations for their Whistle-blower Act claims had not yet expired, as it accrues upon discovery of the wrongful act.
• Faragher v. City of Boca Raton
  864 F. Supp. 1552· S.D. Fla.· 1994-07-22 ·cited 6×·via § 1983
  The court held that the City of Boca Raton was liable under Title VII for creating a hostile work environment due to severe and pervasive sexual harassment by its employees, Terry and Silverman, despite the existence of a sexual harassment policy, due to the City's failure to dis
• Durmer v. Dr. J. O'Carroll, M.D.
  991 F.2d 64· 3d Cir.· 1993-03-30 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The dissenting judge would affirm the district court's judgment, finding no evidence of deliberate indifference to a serious medical need by Dr. O'Carroll.
• Colle v. Brazos Cnty.
  981 F.2d 237· 5th Cir.· 1993-01-20 ·cited 6×·via 42 U.S.C. § 1983 Violations
  The court held that the notice of appeal was insufficient to confer jurisdiction over all plaintiffs, but that claims against the county and sheriff were adequately pleaded under § 1983.
• Lambrix v. Dugger
  610 So. 2d 1366· Fla. 1st DCA· 1992-12-30 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  An inmate, Michael Lambrix, challenged the prison's confiscation of sexually explicit photographs he ordered, claiming violation of his First and Fourteenth Amendment rights. The trial court granted summary judgment for the prison officials, and the appellate court affirmed, hold
• Thomson v. Scheid
  977 F.2d 1017· 6th Cir.· 1992-10-19 ·cited 6×
  The court held that the plaintiff's actions and claims did not rise to the level of constitutional violations under § 1983, and therefore, the district court's grant of summary judgment was appropriate.
• Morgan v. Woessner
  975 F.2d 629· 9th Cir.· 1992-09-15 ·cited 6×·via Section 1983
  The court held that the district court correctly determined that the initial stop of Morgan was a seizure unsupported by reasonable suspicion, but remanded for further proceedings regarding punitive damages.
• Knight v. Harris D. Caldwell
  970 F.2d 1430· 5th Cir.· 1992-09-03 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the trial court's jury charge, which asked about injury before damages and did not require proof of 'significant injury,' was not plain error and was consistent with Supreme Court precedent.
• Niehus v. Vince Liberio and Frank Vittorio
  973 F.2d 526· 7th Cir.· 1992-08-20 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury's award for excessive force was supported by evidence, and that a loss of consortium claim cannot be brought under the Fourteenth Amendment's due process clause.