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

• In re The Justices OF the Supreme Court OF Puerto RICO
  695 F.2d 17· 1st Cir.· 1982-12-08 ·cited 42×
  The court held that the Justices of the Supreme Court of Puerto Rico are entitled to a writ of mandamus to dismiss claims against them regarding membership and dues statutes, as they act as neutral adjudicators and no case or controversy exists. However, the Puerto Rico Bar Assoc
• White v. Thomas
  660 F.2d 680· 5th Cir.· 1981-11-06 ·cited 42×·via 42 U.S.C. § 1983 Liability
  Summary judgment for damages under section 1983 is affirmed, but the case is remanded for a name-clearing hearing regarding the allegation that the deputy lied on his employment application.
• Parker v. Cook
  642 F.2d 865· 5th Cir.· 1981-04-17 ·cited 42×
  The court held that while the conditions of administrative segregation at Glades Correctional Institution violated due process, a statewide injunction was inappropriate due to lack of factual development regarding other institutions and the plaintiff's specific challenge.
• Zoll v. E. Allamakee Cmty. Sch. Dist.
  588 F.2d 246· 8th Cir.· 1978-12-07 ·cited 42×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that there was sufficient evidence of retaliatory motive to support the jury verdict, and that the jury instruction was not reversible error, but vacated the attorney fee award and remanded for reconsideration of post-trial back pay and attorney fees.
• Shouse v. Pierce Cnty.
  559 F.2d 1142· 9th Cir.· 1977-08-25 ·cited 42×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the statutory limitation period for challenging the formation of a Utility District is not applicable to a federal civil rights action, and that the protest provisions of the statute are severable from the remainder, meaning their potential invalidity would no
• Detainees OF the Brooklyn House OF Detention FOR MEN v. Malcolm
  520 F.2d 392· 2d Cir.· 1975-07-31 ·cited 42×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that double celling of pretrial detainees in 5x8 cells constitutes an unconstitutional deprivation of due process and equal protection rights.
• Wellner v. Minn. State Junior Coll. Bd.
  487 F.2d 153· 8th Cir.· 1973-10-23 ·cited 42×
• Redner v. Dean
  29 F.3d 1495· 11th Cir.· 1994-08-26 ·cited 41×·via 42 U.S.C. § 1983 Civil Rights Action
  Joseph Redner challenged the constitutionality of a Citrus County, Florida ordinance regulating adult entertainment establishments after being convicted of operating such a facility without a license. The district court granted Redner's habeas corpus petition, finding the ordinan
• Bennett v. Tucker
  827 F.2d 63· 7th Cir.· 1987-08-11 ·cited 41×
  The court held that the district court erred in granting summary judgment, as neither laches nor untimeliness barred the plaintiffs' due process claims, and the Eleventh Amendment and indispensable party arguments were also without merit.
• Knoll v. Springfield Twp. Sch. Dist.
  699 F.2d 137· 3d Cir.· 1983-01-27 ·cited 41×
  The court denied the petition for rehearing, with a dissent arguing the panel erred in finding the six-month limitations period inconsistent with 42 U.S.C. § 1983.
• Garris v. Rowland
  678 F.2d 1264· 5th Cir.· 1982-06-24 ·cited 41×
  The court held that the jury's finding of no probable cause supported the Fourth Amendment violation claim, but Officer Rowland was entitled to qualified immunity due to jury findings of good faith. Municipal liability was not established without proof of a policy or custom.
• Pauk v. The Bd. OF Trs. OF the City Univ. OF NEW York
  654 F.2d 856· 2d Cir.· 1981-07-22 ·cited 41×
  The limitations period for actions under 42 U.S.C. § 1983 is governed by N.Y. C.P.L.R. § 214(2), which applies to liabilities imposed by statute.
• Hayes v. Thompson
  637 F.2d 483· 7th Cir.· 1980-12-18 ·cited 41×·via 42 U.S.C. § 1983 Civil Rights Action
  Prison officials are not entitled to immunity from monetary damages if the constitutional right infringed was clearly established and they knew or should have known of the right and their conduct violated it.
• DOE v. Charleston Area Med. Ctr., Inc.
  529 F.2d 638· 4th Cir.· 1975-11-06 ·cited 41×
  The court held that the hospital's policy of prohibiting abortions, based on an unconstitutional state statute, constituted state action and that denying such abortions caused irreparable injury, warranting injunctive relief.
• Tittle v. Jefferson Cnty. Comm'n
  10 F.3d 1535· 11th Cir.· 1994-01-06 ·cited 40×·via 42 U.S.C. § 1983 Liability
  The Eleventh Circuit affirmed the district court's grant of summary judgment, holding that plaintiffs failed to establish a jury question on the subjective component of their Eighth Amendment claims. The court found no evidence that the county commission had prior knowledge of th
• Williams v. Borough OF W. Chester
  891 F.2d 458· 3d Cir.· 1989-11-21 ·cited 40×·via 42 U.S.C. § 1983 Liability
• Johnston v. Harris Cnty. Flood Control Dist.
  869 F.2d 1565· 5th Cir.· 1989-04-17 ·cited 40×·via § 1983
  The court held that Johnston's attorneys were not subject to disqualification, the denial of a continuance was not an abuse of discretion, and Johnston could pursue remedies under both Title VII and § 1983 for retaliation.
• Bordanaro v. McLEOD
  871 F.2d 1151· 1st Cir.· 1989-03-30 ·cited 40×·via 42 U.S.C. § 1983 Liability
  The court held that the jury's verdicts against the City of Everett under 42 U.S.C. § 1983 were supported by sufficient evidence, both based on an unconstitutional custom of breaking down doors without a warrant and on a policy of deliberate indifference to inadequate training an
• Spanish Action Comm. OF Chicago v. City OF Chicago
  766 F.2d 315· 7th Cir.· 1985-06-27 ·cited 40×·via 42 U.S.C. § 1983 Liability
  The court affirmed the district court's judgment, holding that the plaintiff waived objections to jury instructions by failing to make timely and specific objections at trial and that there was sufficient evidence for the jury to find individual defendants did not act with the re
• Valeria Jackson v. Byrne
  738 F.2d 1443· 7th Cir.· 1984-07-20 ·cited 40×·via 42 U.S.C. § 1983 Liability
  The court held that the city's failure to provide fire protection during a strike, or police barring striking firefighters from accessing equipment, did not constitute a deprivation of life or property under the Fourteenth Amendment absent a special relationship or discriminatory
• Bryant R. Britt v. Simi Valley Unified Sch. Dist.: John W. Duncan
  708 F.2d 452· 9th Cir.· 1983-06-13 ·cited 40×·via 42 U.S.C. § 1983 Civil Rights Action
  Failure to object to a magistrate's recommendation does not waive the right to appeal the district court's decision on purely legal issues.
• Smith v. Honorable Max E. Bacon
  699 F.2d 434· 8th Cir.· 1983-02-10 ·cited 40×
  The court held that while judges are immune from suit and equitable relief is inappropriate, public defenders may be sued under § 1983 if they conspire with judges, and the allegations here were sufficient to allow the suit to proceed.
• Williams v. Thomas
  692 F.2d 1032· 5th Cir.· 1982-12-06 ·cited 40×
  The court affirmed the compensatory damages award but reversed the attorney's fees award, remanding for recalculation and holding the fees are payable by the County. The good faith defense on the § 1983 claim was not decided as recovery was affirmed on the state claim.
• The Casbah, Inc. v. Thone
  651 F.2d 551· 8th Cir.· 1981-06-08 ·cited 40×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that Nebraska Legislative Bill 991, prohibiting drug paraphernalia, is constitutional as written and construed, rejecting claims of vagueness, overbreadth, and violations of first and fourth amendment rights.
• Silas K. Brown v. Stackler
  612 F.2d 1057· 7th Cir.· 1980-01-21 ·cited 40×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a district court has discretion to deny attorney fees entirely when a claim is outrageously inflated, as a deterrent against unreasonable demands.
• Guzman v. The W. State Bank OF Devils Lake
  540 F.2d 948· 8th Cir.· 1976-08-27 ·cited 40×·via 42 U.S.C. § 1983 Liability
  The court held that the district court erred in granting judgment notwithstanding the verdict because the jury had sufficient evidence to find bad faith, and the punitive damages award against the Bank was excessive.
• Nolin v. Douglas Cnty.
  903 F.2d 1546· 11th Cir.· 1990-06-26 ·cited 39×
  The court held that the district court did not abuse its discretion in denying a late motion to amend the complaint, excluding employment guidelines due to lack of authentication, and granting a directed verdict for the defendants on due process and emotional distress claims.
• Riordan v. Kempiners
  831 F.2d 690· 7th Cir.· 1987-09-08 ·cited 39×·via 42 U.S.C. § 1983 Liability
  The court held that the district court improperly excluded probative evidence on the plaintiff's Section 1983 claim, requiring reversal and remand. The court affirmed the dismissal of the Equal Pay Act claim based on the presented facts but remanded for reconsideration due to evi
• Winston v. Buford
  747 F.2d 445· 8th Cir.· 1984-10-30 ·cited 39×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court properly granted summary judgment, dismissed the claims as time-barred, and awarded attorneys' fees.
• Anderson v. Cent. Point Sch. Dist. NO. 6
  746 F.2d 505· 9th Cir.· 1984-10-29 ·cited 39×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a teacher's letter to the school board concerning athletic program restructuring, even if containing some private details, constitutes protected speech under the First Amendment when its primary subject is a matter of public concern. The court also affirmed th
• Sparkman v. McFARLIN
  601 F.2d 261· 7th Cir.· 1979-05-02 ·cited 39×·via 42 U.S.C. § 1983 Liability
  The court held that a private person can be liable under 42 U.S.C. § 1983 for conspiring with an immune state judge, provided the conspiracy is alleged with particularity. The opinion emphasizes that conclusory allegations are insufficient and require factual support demonstratin
• Shaw v. McCORKLE
  537 F.2d 1289· 5th Cir.· 1976-08-30 ·cited 39×
  The court held that a civil rights action against state officials and their surety for injuries sustained during an arrest is governed by Mississippi's six-year statute of limitations for contract actions, not the one-year statute for intentional torts.
• Reeves v. City OF Jackson
  532 F.2d 491· 5th Cir.· 1976-06-01 ·cited 39×·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiff's complaint, alleging false arrest, false imprisonment, and failure to provide medical care, stated tenable claims under federal and state law, and should not have been dismissed at the pleading stage.
• Jennings v. Ilus W. Davis
  476 F.2d 1271· 8th Cir.· 1973-04-20 ·cited 39×·via 42 U.S.C. § 1983 Liability
  The court held that respondeat superior is not available to impose vicarious liability under 42 U.S.C. § 1983 for a defendant who has no personal involvement in the alleged deprivation of rights, and that negligence claims also failed due to lack of affirmative duty or personal i
• Presidents Council v. Cmty. Sch. Bd. NO. 25
  457 F.2d 289· 2d Cir.· 1972-03-21 ·cited 39×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the removal of a book from a junior high school library by a Community School Board did not violate students' or teachers' First Amendment rights, as the Board has the authority to select library materials and no speech or thought was curtailed.
• Burkes v. Callion
  433 F.2d 318· 9th Cir.· 1970-11-04 ·cited 39×·via 42 U.S.C. § 1983 Liability
  Government officers performing judicial or quasi-judicial functions are immune from liability under 42 U.S.C. § 1983 for conduct within their official duties.
• Quincy A. Williams v. Correctional Officer Radford
  64 F.4th 1185· 11th Cir.· 2023-04-04 ·cited 38×·via 42 U.S.C. § 1983 (Excessive Force)
  The Eleventh Circuit held that the district court erred in granting summary judgment on two of the plaintiff's retaliation claims against Captain Scarpati, but affirmed summary judgment on the third retaliation claim.
• Johnson v. City of Miami Beach
  18 F.4th 1267· 11th Cir.· 2021-11-19 ·cited 38×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that a reasonable jury could find that Officer Aguila used excessive force and committed battery by forcibly striking an arrestee who was secured, not resisting, and not posing a threat, and thus summary judgment was improperly granted.
• Sureshbhai Patel v. City of Madison
  959 F.3d 1330· 11th Cir.· 2020-05-27 ·cited 38×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that genuine issues of material fact remain regarding whether Officer Parker used excessive force, precluding summary judgment based on qualified immunity.
• Fleming v. Cnty. OF Kane
  898 F.2d 553· 7th Cir.· 1990-03-27 ·cited 38×
  The court held that the district court did not abuse its discretion in excluding evidence regarding the propriety of the Orchard Road project, and affirmed the denial of the motion for a new trial, but modified the damages award for lost wages.
• Rascon v. Hardiman
  803 F.2d 269· 7th Cir.· 1986-09-26 ·cited 38×·via 42 U.S.C. § 1983 Liability
  The court held that the jury's verdict against Director Hardiman could not stand due to insufficient opportunity for defense and unclear jury instructions, requiring a new trial. The court also found the jury instructions regarding Officer Stein's duty to intervene were inadequat
• Hollins v. Powell
  773 F.2d 191· 8th Cir.· 1985-09-11 ·cited 38×·via 42 U.S.C. § 1983 Liability
  The court held that a mayor's actions, when taken under the authority of his office, can represent official policy, making the municipality liable under § 1983. The court also found that the damage awards were excessive and ordered a remittitur.
• Hewitt v. City OF Truth OR Consequences
  758 F.2d 1375· 10th Cir.· 1985-04-04 ·cited 38×·via § 1983 Suit
  The court held that ordinary negligence can support a § 1983 suit, but the facts presented could also support a finding of gross negligence or wanton conduct.
• Aristides Gonzalez v. Dep't OF the Army
  718 F.2d 926· 9th Cir.· 1983-10-17 ·cited 38×·via 42 U.S.C. § 1983 Civil Rights Action
  Title VII does not apply to uniformed members of the armed forces, and claims under 42 U.S.C. § 1981 by military personnel are generally unreviewable by civilian courts due to interference with military functions.
• Battle v. Park Anderson
  614 F.2d 251· 10th Cir.· 1980-01-21 ·cited 38×·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the district court's award of attorney fees under 42 U.S.C. § 1988, finding the attorney represented the prevailing party and the award was supported by substantial evidence. The court remanded for further findings regarding inmate access to courts.
• McGRUDER v. Phelps
  608 F.2d 1023· 5th Cir.· 1979-12-26 ·cited 38×
  The court held that the district court erred in dismissing the complaint because the facts alleged regarding prolonged confinement and lack of outdoor exercise may constitute an Eighth Amendment violation.
• Bertot v. Sch. Dist. NO. 1
  613 F.2d 245· 10th Cir.· 1979-11-26 ·cited 38×·via 42 U.S.C. § 1983 Liability For Municipalities
  The dissenting judge would affirm the district court's judgment, finding the Board entitled to immunity based on good faith.
• McNAMARA v. Moody
  606 F.2d 621· 5th Cir.· 1979-11-15 ·cited 38×·via 42 U.S.C. § 1983 Liability
  The court held that an award of attorney's fees against an official in their individual capacity requires a finding of bad faith, absent clear Congressional intent otherwise.
• Francia v. White
  594 F.2d 778· 10th Cir.· 1979-03-14 ·cited 38×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the trial court's award of attorneys' fees was insufficient and remanded for reconsideration, but affirmed the finding that plaintiffs were terminated in violation of their First and Fourteenth Amendment rights.
• Clark v. Lon Mann
  562 F.2d 1104· 8th Cir.· 1977-08-31 ·cited 38×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the class of plaintiffs was limited as stipulated, the statute of limitations is three years, and while one plaintiff was discriminated against in promotion, the others failed to prove racial discrimination or due process violations in their terminations.