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

• Johnson v. Brelje
  701 F.2d 1201· 7th Cir.· 1983-02-18 ·cited 53×
  The dissenting judge believes the Illinois Criminal Code and Mental Health Code provide sufficient due process for individuals found unfit to stand trial, making additional federal due process requirements unnecessary.
• Manor Healthcare Corp. v. Lomelo
  929 F.2d 633· 11th Cir.· 1991-04-25 ·cited 52×·via 42 U.S.C. § 1983 Liability
  A municipality is not liable under § 1983 for a mayor's criminal acts unless those acts were officially sanctioned or made pursuant to a municipal policy by an official with final policy-making authority. A prevailing party may recover costs even if paid by a non-party insurer.
• Cinevision Corp. v. City OF Burbank
  745 F.2d 560· 9th Cir.· 1984-10-18 ·cited 52×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that live musical expression is protected by the First Amendment and that the Starlight Bowl is a public forum, thus the City's content-based rejection of concerts violated Cinevision's rights.
• Jurgensen v. Fairfax Cnty.
  745 F.2d 868· 4th Cir.· 1984-10-04 ·cited 52×
  The court held that the employee's speech, primarily concerning internal grievances and not a matter of public concern, was not constitutionally protected under the First Amendment, and therefore his demotion did not violate his free speech rights.
• Franklin v. State OF Or.
  662 F.2d 1337· 9th Cir.· 1981-12-07 ·cited 52×
  A district court may dismiss an action sua sponte before issuing summonses only if it clearly lacks subject matter jurisdiction. Otherwise, proper procedural steps, including summons issuance, must be followed.
• Beitzell v. Jeffrey
  643 F.2d 870· 1st Cir.· 1981-03-06 ·cited 52×·via 42 U.S.C. § 1983 Civil Rights Action
  A probationary university employee does not have a constitutionally protected property interest in obtaining tenure, nor is a liberty interest created by reputational harm unless it is severe and linked to a tangible change in status or employment.
• Davis v. Zahradnick
  600 F.2d 458· 4th Cir.· 1979-06-29 ·cited 52×·via 42 U.S.C. § 1983 Liability
  The court held that summary judgment was improperly granted because genuine issues of material fact existed and the pro se plaintiff did not receive proper notice of the conversion of a motion to dismiss into a motion for summary judgment.
• Boyce v. Dr. Alizaduh
  595 F.2d 948· 4th Cir.· 1979-04-02 ·cited 52×
  A pro se prisoner's complaint alleging a physician ignored warnings of an allergic reaction and persisted in prescribing the offending medication, causing aggravation, is not frivolous and warrants further proceedings against the physician.
• Dewell v. Lawson
  489 F.2d 877· 10th Cir.· 1974-01-07 ·cited 52×·via 42 U.S.C. § 1983 Civil Rights Action
  The court, in part, affirmed the dismissal of the action against the City of Oklahoma City and the Chief of Police, finding the complaint did not state a civil rights cause of action under 42 U.S.C. § 1983.
• Errol Lynch v. Cannatella
  810 F.2d 1363· 5th Cir.· 1987-02-27 ·cited 51×·via 42 U.S.C. § 1983 Liability
  Excludable aliens are entitled to due process protections against gross physical abuse while detained in the U.S., but officials may be shielded by qualified immunity if their conduct did not violate clearly established law. State agencies are not protected by individual official
• Fiacco v. City OF Rensselaer
  783 F.2d 319· 2d Cir.· 1986-02-11 ·cited 51×·via 42 U.S.C. § 1983 Liability
  A municipality can be held liable under 42 U.S.C. § 1983 for a policy of deliberate indifference to its officers' use of excessive force, and evidence of unadjudicated third-party claims is admissible to prove such a policy.
• Littlefield v. City OF Afton
  785 F.2d 596· 8th Cir.· 1986-01-03 ·cited 51×
  The court held that appellants had a protected property interest in the building permit under Minnesota law, and thus were entitled to procedural due process. However, the court affirmed the dismissal of the procedural due process claim as appellants received adequate notice and
• Prop. Mgmt. & Invs., Inc. v. Lewis
  752 F.2d 599· 11th Cir.· 1985-02-08 ·cited 51×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a state court receiver is immune from suit for actions within the scope of their authority and that the district court properly converted a motion to dismiss into a motion for summary judgment, affirming the dismissal and summary judgment.
• Rode v. Dellarciprete
  845 F.2d 1195· 3d Cir.· 1988-04-28 ·cited 50×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a sibling-in-law relationship is not constitutionally protected association under the First Amendment, thus affirming summary judgment on that claim.
• Anderson v. Gutschenritter
  836 F.2d 346· 7th Cir.· 1988-01-07 ·cited 50×·via 42 U.S.C. § 1983 Liability
  The court held that a pretrial detainee's claim for failure to protect falls under the Fourteenth Amendment's Due Process Clause, not the Eighth Amendment, and that the county could be liable under section 1983 for a policymaker's decision.
• Coverdell v. The Dep't OF Soc. & Health Servs.
  834 F.2d 758· 9th Cir.· 1987-12-15 ·cited 50×·via 42 U.S.C. § 1983 Claim For Damages
  Child protective services workers are entitled to absolute quasi-prosecutorial immunity for initiating and pursuing child dependency proceedings, and absolute quasi-judicial immunity for executing court orders in such matters. A claim for injunctive relief is moot if there is no
• Coleman v. Nyal Frantz
  754 F.2d 719· 7th Cir.· 1985-01-30 ·cited 50×·via 42 U.S.C. § 1983 Liability
  The concurring judge agrees that Sheriff Frantz was shielded by qualified immunity, but disagrees with the majority's reasoning regarding the clarity of the duty to release the prisoner.
• Jackson v. Hayakawa
  682 F.2d 1344· 9th Cir.· 1982-08-03 ·cited 50×·via 42 U.S.C. § 1983 Liability
  The court held that the Eleventh Amendment does not bar actions for injunctive or declaratory relief against state officials sued in their official capacities under 42 U.S.C. § 1983, and that dismissal of certain defendants in their official capacities was erroneous.
• Harris v. Pirch
  677 F.2d 681· 8th Cir.· 1982-05-14 ·cited 50×·via 42 U.S.C. § 1983 Liability
  The court held that there was insufficient evidence to support the jury's verdict against Sheriff Pirch and Deputy Kipping, and that Kipping was entitled to qualified immunity.
• Durso v. Rowe
  579 F.2d 1365· 7th Cir.· 1978-07-19 ·cited 50×·via 42 U.S.C. § 1983 Civil Rights Action
  Revocation of a prisoner's work-release status may implicate a constitutionally protected liberty interest if based on state law or practice conditioning such revocation upon proof of misconduct or specified events, and equal protection claims are not limited to suspect classific
• Buhr v. Buffalo Pub. Sch. Dist. NO. 38
  509 F.2d 1196· 8th Cir.· 1974-12-31 ·cited 50×·via 42 U.S.C. § 1983 Civil Rights Action
  A non-tenured public school teacher's termination does not violate due process unless it deprives them of a constitutionally protected liberty or property interest.
• McDONNELL v. Wolff
  483 F.2d 1059· 8th Cir.· 1973-08-02 ·cited 50×·via 42 U.S.C. § 1983 Civil Rights Action
• Andrews v. City OF Philadelphia & Wilson W. Goode
  895 F.2d 1469· 3d Cir.· 1990-02-08 ·cited 49×·via Section 1983
  The court held that the jury's findings on § 1983 claims were not sufficient to establish a Title VII hostile work environment claim, and that certain judgments n.o.v. were appropriate while others were not.
• Melear v. Spears
  862 F.2d 1177· 5th Cir.· 1989-01-12 ·cited 49×·via 42 U.S.C. § 1983 Liability
  Qualified immunity shields officials if their actions were reasonably thought consistent with established rights, assessed by objective reasonableness against clearly established law.
• Guillermina Cortes-Quinones v. Jimenez-Nettleship
  842 F.2d 556· 1st Cir.· 1988-03-28 ·cited 49×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the jury's finding of deliberate indifference regarding prisoner's death was supported by sufficient evidence, denying qualified immunity on liability, but vacated the damages and attorney fees awards for further proceedings.
• Schaper v. City OF Huntsville
  813 F.2d 709· 5th Cir.· 1987-04-06 ·cited 49×
  The court held that allegations of bias and conspiracy in pre-termination hearings, even if true, do not state a procedural or substantive due process claim when a post-termination administrative remedy is available.
• McCRAE v. W.T. Hankins
  720 F.2d 863· 5th Cir.· 1983-12-05 ·cited 49×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that while prison regulations created a liberty interest in avoiding extended lockdown, the procedures afforded were constitutionally adequate. However, the court reversed the dismissal of the property claim, finding that an intentional deprivation of property is n
• Bireline v. Seagondollar
  567 F.2d 260· 4th Cir.· 1977-12-12 ·cited 49×
  The court held that the district court did not err in allowing the defendants to amend their answer to assert the statute of limitations and in granting summary judgment based on that statute.
• Malak v. Associated Physicians, Inc.
  784 F.2d 277· 7th Cir.· 1986-02-24 ·cited 48×·via 42 U.S.C. § 1983 Liability
  The court held that the district court erred in granting summary judgment because there was a genuine issue of material fact regarding whether the defendants' conduct constituted state action. The court reversed and remanded for further proceedings.
• Manecke v. Sch. Bd. OF Pinellas Cnty.
  762 F.2d 912· 11th Cir.· 1985-06-11 ·cited 48×·via Section 1983
  The court held that the district court erred in dismissing the § 1983 due process claim, but correctly dismissed the § 504 claim for failure to allege discrimination.
• Christmas v. Lolita Sanders
  759 F.2d 1284· 7th Cir.· 1985-04-12 ·cited 48×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the trial judge did not abuse her discretion in excluding police reports offered as prior consistent statements and in excluding evidence of the plaintiff's prior rape conviction.
• Smith v. Gonzales
  670 F.2d 522· 5th Cir.· 1982-03-15 ·cited 48×
  The court held that claims arising from arrests made under facially valid warrants or with probable cause, as determined by an independent intermediary, should have been dismissed. The court affirmed the jury's verdict regarding the warrantless arrest for carnal knowledge.
• Taylor v. Kavanagh
  640 F.2d 450· 2d Cir.· 1981-01-26 ·cited 48×·via 42 U.S.C. § 1983 Claim For Damages
  A prosecutor's actions in plea bargaining are protected by absolute immunity under 42 U.S.C. § 1983, and damages cannot be recovered for harm resulting from such conduct.
• Waltruent Margarete Rosa Morrison v. Jones
  607 F.2d 1269· 9th Cir.· 1979-10-19 ·cited 48×·via 42 U.S.C. § 1983 Liability
  The court held that the District Attorney and Clerk of Superior Court were immune, but reversed summary judgment for the remaining defendants, finding they were not entitled to absolute immunity and the record was insufficient to establish qualified immunity.
• Stypmann v. The City & Cnty. OF SAN Francisco
  557 F.2d 1338· 9th Cir.· 1977-07-21 ·cited 48×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that California Vehicle Code § 22851 and the San Francisco ordinance, which establish a possessory lien for towage and storage fees without adequate prior or post-seizure hearing, violate the Due Process Clause.
• Ramsay v. Bailey
  531 F.2d 706· 5th Cir.· 1976-05-12 ·cited 48×
  The court held that the district court did not abuse its discretion in dismissing the action with prejudice for want of prosecution due to the plaintiff's prolonged pattern of delay and failure to comply with court orders.
• Norcott Corby v. Conboy
  457 F.2d 251· 2d Cir.· 1972-03-15 ·cited 48×·via 42 U.S.C. § 1983 Civil Rights Action
• Smith v. Robbins
  454 F.2d 696· 1st Cir.· 1972-01-18 ·cited 48×·via § 1983 Suit
  The court held that prison officials may not open mail addressed to a prisoner from an attorney in the prisoner's absence, even to check for contraband, without a strong justification. The court also vacated the dismissal of the prisoner's claim regarding good time forfeiture, re
• Collum v. Butler
  421 F.2d 1257· 7th Cir.· 1970-01-20 ·cited 48×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiff's appeal from the remittitur order was not reviewable, and the judgment should be affirmed despite an erroneous jury instruction on denial of contact/counsel, as the error was harmless.
• Penley v. Eslinger
  605 F.3d 843· 11th Cir.· 2010-05-03 ·cited 47×·via 42 U.S.C. § 1983 (Excessive Force)
  A fifteen-year-old student brought a modified toy pistol to school, triggering a police standoff during which Lieutenant Michael W. Weippert fired a fatal shot to the head. The parents sued under 42 U.S.C. § 1983 and Florida law, alleging excessive force and violation of Fourth A
• Hufford v. Rodgers
  912 F.2d 1338· 11th Cir.· 1990-09-25 ·cited 47×·via 42 U.S.C. § 1983 Liability
  The Eleventh Amendment does not protect Florida sheriffs, acting as county officials, from liability under 42 U.S.C. § 1983.
• Brooks v. D.R. Scheib
  813 F.2d 1191· 11th Cir.· 1987-04-06 ·cited 47×·via 42 U.S.C. § 1983 Liability For Municipalities
  The court held that the plaintiff failed to establish that the City's customs or policies were the moving force behind the constitutional injury or that the officer's alleged violent propensity constituted a continuous condition for nuisance law.
• Miller v. Solem
  728 F.2d 1020· 8th Cir.· 1984-02-23 ·cited 47×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the inmate failed to demonstrate a material factual dispute regarding the defendants' deliberate indifference to his constitutional rights, thus summary judgment was appropriate.
• Wellington v. Daniels
  717 F.2d 932· 4th Cir.· 1983-09-19 ·cited 47×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court did not err in granting judgment notwithstanding the verdict for the city and chief, nor in denying a new trial, as there was insufficient evidence of a municipal policy to allow the use of a dangerous instrumentality.
• Westborough Mall, Inc. v. City OF Cape Girardeau
  693 F.2d 733· 8th Cir.· 1982-11-12 ·cited 47×·via 42 U.S.C. § 1983 Liability
  The court held that summary judgment was improperly granted because genuine issues of material fact exist regarding whether the city deprived developers of zoning rights without due process and whether city officials conspired with private developers to restrain trade.
• Bruce v. Riddle
  631 F.2d 272· 4th Cir.· 1980-09-10 ·cited 47×
  Members of a local county council are entitled to absolute legislative immunity under 42 U.S.C. § 1983 for actions taken in their legislative capacity, including voting on zoning ordinances, even if influenced by private meetings with constituents.
• Alive v. Litzau
  551 F.2d 196· 8th Cir.· 1977-02-23 ·cited 47×·via 42 U.S.C. § 1983 Liability
  The court held that the $10,000 jury verdict for compensatory damages was not inadequate as a matter of law, and the directed verdict for the police chief was proper.
• Eutzy v. State
  541 So. 2d 1143· Fla.· 1989-03-28 ·cited 46×
  William Eutzy, a death row inmate, appealed the trial court's denial of his second Rule 3.850 motion to vacate his conviction and death sentence for first-degree murder. The Florida Supreme Court affirmed the denial, holding that all claims were procedurally barred either because
• Lake Nacimiento Ranch Co. v. Cnty. OF SAN Luis Obispo
  830 F.2d 977· 9th Cir.· 1987-10-15 ·cited 46×·via 42 U.S.C. § 1983 Liability
  The court held that the Ranch's "as applied" taking claim was not ripe, its facial challenge was unsupported, and its due process claim failed due to adequate state remedies and lack of municipal policy. The denial of attorneys' fees to the County was not an abuse of discretion.
• Lynch v. City OF Milwaukee
  747 F.2d 423· 7th Cir.· 1984-10-31 ·cited 46×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court did not abuse its discretion in awarding attorney's fees, including a negative multiplier, despite the nominal damages awarded.