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

• MEE v. Ortega
  967 F.2d 423· 10th Cir.· 1992-06-18 ·cited 5×·via 42 U.S.C. § 1983 Civil Rights Action
  Parole officers are entitled to qualified immunity, not absolute immunity, for decisions to detain parolees pending revocation hearings, and supervisors are not liable without a showing of personal involvement.
• Morgan v. City OF Marmaduke
  958 F.2d 207· 8th Cir.· 1992-02-27 ·cited 5×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court did not err in excluding evidence of a prior incident involving Jetton and a motorcyclist, nor in its judgment for the City. However, the court reversed the judgment against Jetton, finding the admission of evidence regarding the Caraway inc
• Weaver v. Univ. OF Cincinnati
  942 F.2d 1039· 6th Cir.· 1991-08-26 ·cited 5×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court erred in denying a preliminary injunction because the agency shop fee collection scheme violated First Amendment rights under Hudson, and the issue was not moot despite subsequent renotification.
• Barima Inv. Co., Inc. v. United States
  771 F. Supp. 1187· S.D. Fla.· 1991-08-08 ·cited 5×·via 42 U.S.C. § 1983 Violations
  The court held that the plaintiff's inverse condemnation claim was not ripe for adjudication because the plaintiff failed to utilize available state procedures for obtaining compensation.
• Terry v. Young
  932 F.2d 1273· 8th Cir.· 1991-05-17 ·cited 5×
  The court held that the defendants were entitled to judgment as a matter of law based on unrefuted facts presented in an affidavit.
• Soldal v. Cnty. OF Cook
  923 F.2d 1241· 7th Cir.· 1991-01-24 ·cited 5×
  The court should remand the Fourteenth Amendment claim for trial because the damage to the trailer constituted an independent deprivation of property, and the Fourth Amendment applies to unreasonable seizures in civil proceedings.
• Blackwell v. City OF ST. Charles
  917 F.2d 1150· 8th Cir.· 1990-11-07 ·cited 5×
  The court affirmed the district court's grant of summary judgment, finding no constitutional violation.
• Brisk v. City of Miami Beach
  726 F. Supp. 1305· S.D. Fla.· 1989-12-15 ·cited 5×·via § 1983
  When material factual issues are disputed at trial regarding a qualified immunity defense, the jury should resolve the factual disputes and determine whether a reasonable officer could have believed the conduct to be lawful.
• Prieto v. Metro. Dade Cnty.
  718 F. Supp. 934· S.D. Fla.· 1989-08-29 ·cited 5×·via 42 U.S.C. § 1983 Liability
  The court held that Metropolitan Dade County's ordinance was constitutional and that the county was not liable under 42 U.S.C. § 1983 because the alleged constitutional violations were not pursuant to a county policy or custom.
• Bergen v. Spaulding
  881 F.2d 719· 9th Cir.· 1989-08-03 ·cited 5×
  A prisoner has a liberty interest in good behavior time credits that cannot be denied without due process, including a hearing if the recommendation for credits is not automatically adopted.
• Arkamel Ray Sales v. R.C. Marshall
  873 F.2d 115· 6th Cir.· 1989-04-21 ·cited 5×
  The court held that expenses for transporting state prisoners to federal court in response to a writ of habeas corpus ad testificandum are not taxable costs under 28 U.S.C. § 1920, and that a state entity's motion to intervene to recover such costs was untimely.
• Lolita Parker v. Williams
  855 F.2d 763· 11th Cir.· 1988-09-20 ·cited 5×·via 42 U.S.C. § 1983 Liability
  The court held that collateral estoppel cannot be applied against parties who have not had an opportunity to litigate the issue, even if the issue was litigated by another party in a prior action.
• Med. Laundry Serv. v. The Bd. OF Trs. OF the Univ. OF Ala.
  840 F.2d 840· 11th Cir.· 1988-03-23 ·cited 5×·via Section 1983
  A simple breach of contract by the State does not constitute a denial of procedural due process rights actionable under Section 1983.
• de Luna v. Farris
  841 F.2d 312· 9th Cir.· 1988-03-09 ·cited 5×
  The court held that the amended Arizona statute governing tolling of the statute of limitations for imprisonment applied, and the plaintiff's claim was time-barred.
• Digre v. Roseville Schs. Indep. Dist. NO. 623
  841 F.2d 245· 8th Cir.· 1988-03-09 ·cited 5×
  The court held that the school district did not violate the stay-put provision by placing Sean in special education, and the plaintiff failed to establish grounds for preliminary injunctive relief.
• Blackwell v. Dep't OF Offender Rehab.
  807 F.2d 914· 11th Cir.· 1987-01-13 ·cited 5×
  The court held that an attorney's failure to disclose settlement terms foreclosing attorney's fees constituted a lack of candor warranting Rule 11 sanctions, even if subsequent legal arguments had arguable merit.
• Am. Booksellers Ass'n, Inc. v. Commonwealth OF Va.
  792 F.2d 1261· 4th Cir.· 1986-06-12 ·cited 5×
  The court held that the Virginia amendment restricting display of sexually explicit material to juveniles was facially unconstitutional as overbroad and a violation of the First Amendment, and that plaintiffs were entitled to attorneys' fees.
• Bartolo Gomez Sr Parent/Prsnl Rep of Estate of Bartolo Gomez, Jr. v. Whitney
  757 F.2d 1005· 9th Cir.· 1985-04-09 ·cited 5×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that an inadequate police investigation, without the deprivation of another recognized constitutional right, does not state a cognizable claim under 42 U.S.C. § 1983.
• In re Tiana Queen Motel, Inc. v. Tiana Queen Motel, Inc.
  749 F.2d 146· 2d Cir.· 1984-11-29 ·cited 5×
  The court held that the bankruptcy court's conversion orders were proper and that the district court did not err in affirming them. The court also held that the mandamus petition should be remanded for further proceedings.
• Wing v. George Britton & the City of Springdale
  748 F.2d 494· 8th Cir.· 1984-11-26 ·cited 5×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury instructions regarding reasonable force and self-defense were proper, and that the district court correctly granted summary judgment for the city.
• Lopez v. City OF Austin
  710 F.2d 196· 5th Cir.· 1983-07-25 ·cited 5×·via 42 U.S.C. § 1983 Liability For Municipalities
  The court held that the employee failed to demonstrate a City custom or practice of discrimination and failed to show personal involvement by the supervisor, thus he is not entitled to relief under § 1983.
• Bentley v. Beck
  625 F.2d 70· 5th Cir.· 1980-08-28 ·cited 5×
  Prison officials cannot deny job assignments solely based on race, even within a prison setting.
• Ellison v. Stephens
  581 F.2d 584· 6th Cir.· 1978-08-17 ·cited 5×·via 42 U.S.C. § 1983 Civil Rights Action
  A state Attorney General is immune from a civil rights suit under 42 U.S.C. § 1983 for raising the common law doctrine of sovereign immunity as a defense in a state court action.
• Cooper, Jr. v. Fla. Dep't of Corr.
  2019 WL 5304078· M.D. Fla.· 2020-07-27 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiff failed to state a plausible claim against the FDOC, Corizon, the officers, and Warden Freeman due to insufficient factual allegations and lack of specificity.
• O.L. Raulerson v. Mitchell
  916 So. 2d 891· Fla. 4th DCA· 2005-11-09 ·cited 4×
  Sheriff Raulerson appealed a trial court order granting injunctive relief to inmates Marshall and Milton Mitchell regarding conditions of confinement at the Okeechobee County Jail. The appellate court reversed, finding that the Mitchells failed to establish the clear legal right
• Moody v. City OF KEY W.
  805 So. 2d 1018· Fla. 3d DCA· 2001-12-26 ·cited 4×·via 42 U.S.C. § 1983 Liability
  This case involves an appeal from a summary judgment granted in favor of the City of Key West and its police officers. The plaintiffs alleged violations of 42 U.S.C. § 1983 and common law torts, including unlawful entry, wrongful arrest, and excessive force. The appellate court a
• Owens v. City of Fort Lauderdale
  174 F. Supp. 2d 1282· S.D. Fla.· 2001-09-20 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court granted summary judgment for the City, finding that the officers' actions in restraining the individual did not constitute excessive force as a matter of law and that the officers were acting under color of state law.
• Dolin v. West
  22 F. Supp. 2d 1343· M.D. Fla.· 1998-09-21 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that defendants are entitled to immunity and that the plaintiff failed to state a claim upon which relief can be granted for both federal and state law causes of action.
• Senior v. Cristobal Reyes
  677 So. 2d 1293· Fla. 4th DCA· 1996-06-19 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  Garcia appealed the dismissal of a count alleging violation of familial association rights under 42 U.S.C. § 1983 after he was arrested and imprisoned for thirty months based on an entrapment scheme. The Fourth DCA affirmed the dismissal, holding that Florida recognizes no cause
• Ward v. Hickey
  996 F.2d 448· 1st Cir.· 1993-06-15 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that a teacher waived her right to a jury determination on the notice issue by failing to request a special interrogatory, and that the district court erred in applying the interrelated claims doctrine to deny attorneys' fees.
• Hawkins v. Risley
  984 F.2d 321· 9th Cir.· 1993-01-25 ·cited 4×
  A prior federal habeas corpus decision can have preclusive effect in a subsequent 42 U.S.C. § 1983 action.
• Kane v. P.K. Hargis
  987 F.2d 1005· 4th Cir.· 1993-01-14 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court correctly denied summary judgment on the excessive force claim, finding the officer's conduct potentially violated clearly established law, and correctly granted summary judgment on the denial of medical treatment and malicious prosecution c
• Yeager v. City of McGREGOR
  980 F.2d 337· 5th Cir.· 1993-01-05 ·cited 4×·via Section 1983
  The court held that the McGregor Volunteer Fire Department (MVFD) was not a state actor, and therefore, the appellants' § 1983 claims against the MVFD, the City of McGregor, and Councilman Kirk failed.
• Gentry Slone v. Herman
  983 F.2d 107· 8th Cir.· 1993-01-04 ·cited 4×
  The court held that prison officials are not entitled to qualified immunity when they refuse to obey a final and nonappealable court order to release a prisoner, as this violates a clearly established liberty interest.
• Angarita v. ST. Louis Cnty.
  981 F.2d 1537· 8th Cir.· 1992-12-09 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that the evidence was sufficient to support the jury's finding that the appellees' resignations were involuntarily extracted, thus overcoming the presumption of voluntariness, and that sufficient evidence existed to hold Kleinknecht and St. Louis County liable unde
• Tex. Catastrophe Prop. Ins. Ass'n v. Morales
  975 F.2d 1178· 5th Cir.· 1992-10-28 ·cited 4×·via § 1983 Suit
  The court held that the Texas Catastrophe Property Insurance Association (CATPOOL) possesses a constitutional right to retain its own counsel in civil matters, and the statutory amendment forcing it to use the Attorney General violated this right.
• Hamilton v. O'Leary
  976 F.2d 341· 7th Cir.· 1992-09-28 ·cited 4×
  The court held that the revocation of good time credits was supported by "some evidence" as required by due process, even if the evidence was meager.
• Click v. Harlon Copeland
  970 F.2d 106· 5th Cir.· 1992-09-01 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the sheriff was not entitled to qualified immunity because it was clearly established that retaliatory transfers for political activity violated the First Amendment, and there was sufficient evidence of causation to go to the jury.
• RUM Creek Coal Sales v. Caperton
  971 F.2d 1148· 4th Cir.· 1992-08-07 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that West Virginia's Neutrality Statute, as interpreted and applied, was preempted by federal law because it impeded the federal purpose of protecting the free play of economic forces in labor disputes. The court also held that the district court's order regarding
• Lucien v. Preiner
  967 F.2d 1166· 7th Cir.· 1992-07-14 ·cited 4×·via 42 U.S.C. § 1983 Liability
  Prosecutors are absolutely immune from liability under 42 U.S.C. § 1983 for statements made in executive clemency proceedings.
• Brown-El v. Delo
  969 F.2d 644· 8th Cir.· 1992-07-10 ·cited 4×
  A prisoner cannot be punished for a conduct violation without appropriate notice and hearing, and prison officials cannot avoid these requirements by labeling segregation as administrative. However, administrative segregation is permissible for legitimate security reasons.
• Elise Elizabeth Gordon v. C.W. Kidd
  971 F.2d 1087· 4th Cir.· 1992-07-01 ·cited 4×
  The court held that while some defendants were entitled to qualified immunity due to lack of knowledge of suicidal tendencies, one defendant's deliberate indifference to a known suicide risk warranted denial of summary judgment. The court affirmed the denial of summary judgment f
• Hudson v. McMillian
  962 F.2d 522· 5th Cir.· 1992-06-10 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the force used against the prisoner was unnecessary, wanton, and applied maliciously and sadistically to cause harm, violating the Eighth Amendment.
• Fiorenzo v. Nolan
  965 F.2d 348· 7th Cir.· 1992-06-04 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiffs failed to present sufficient evidence to establish that the transfers were ordered or ratified by officials with final policymaking authority, and that Chief Nolan was protected by qualified immunity.
• Bogan v. Stroud
  958 F.2d 180· 7th Cir.· 1992-03-18 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that defendants waived their right to appeal the jury's award of punitive damages without compensatory damages by failing to object to the jury instruction that permitted such an award.
• Apolinar "Paul" Benavides and Stella G. Benavides v. Cnty. OF Wilson & Marvin H. Baumann
  955 F.2d 968· 5th Cir.· 1992-03-05 ·cited 4×
  The court held that the plaintiffs failed to raise a fact issue regarding the county's deliberate indifference in hiring and training jail personnel, and that the wife's state-law claims were also insufficient.
• Anthony v. Baker
  955 F.2d 1395· 10th Cir.· 1992-02-05 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that the law of the case doctrine barred reargument of absolute immunity for grand jury testimony, but not for preliminary hearing testimony.
• Spear v. Town OF W. Hartford
  954 F.2d 63· 2d Cir.· 1992-01-13 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  Individual defendants acting in their official capacities to authorize a civil lawsuit are absolutely immune from liability under 42 U.S.C. § 1983, and a private entity does not act under color of state law merely by meeting with state actors.
• Navarro v. F.K. Barthel
  952 F.2d 331· 9th Cir.· 1991-12-27 ·cited 4×
  The court held that the reasonableness standard, not the Franks standard, applies to determine if a search warrant's description of a location was sufficiently particular under the Fourth Amendment.
• Perko v. Dr. Bowers
  945 F.2d 1038· 8th Cir.· 1991-09-24 ·cited 4×
  The fugitive from justice rule may be selectively applied in civil cases, but dismissal is not automatic and requires consideration of individual circumstances; Perko's two-day escape did not warrant dismissal.