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

• Covington v. Cole
  528 F.2d 1365· 5th Cir.· 1976-03-22 ·cited 38×·via 42 U.S.C. § 1983 Civil Rights Action
  The majority held that the district court erred in summarily dismissing the pro se complaint and that the case must be remanded for further development.
• Drexler v. Sw. Dubois Sch. Corp.
  504 F.2d 836· 7th Cir.· 1974-10-15 ·cited 38×
  The dissenting judge believes the District Judge's decision should be affirmed.
• Nationwide Amusements, Inc. v. Nattin
  452 F.2d 651· 4th Cir.· 1971-12-09 ·cited 38×·via § 1983 Suit
  The court held that the district court erred in dismissing the case on the merits when it was before the court only on a motion for a preliminary injunction, without adequate notice to the parties.
• Nolan v. Fitzpatrick
  451 F.2d 545· 1st Cir.· 1971-11-04 ·cited 38×·via 42 U.S.C. § 1983 Civil Rights Action
  Prisoners retain a First Amendment right to send letters to the news media concerning prison matters, and a total ban on such correspondence is unconstitutional.
• Morales v. Merritt Stierheim
  848 F.2d 1145· 11th Cir.· 1988-07-07 ·cited 37×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that while the employee's statements touched upon matters of public concern, the employer's interest in efficient public service and maintaining working relationships outweighed the employee's free speech rights, justifying the reassignment.
• Ipcia M. Kercado-Melendez v. Awilda Aponte-Roque
  829 F.2d 255· 1st Cir.· 1987-09-22 ·cited 37×·via Section 1983
  The court held that the plaintiff was in the midst of administrative proceedings when she filed her federal suit, and thus should have exhausted state remedies before proceeding in federal court.
• Tierney v. City OF Toledo
  824 F.2d 1497· 6th Cir.· 1987-07-27 ·cited 37×·via 42 U.S.C. § 1983 Civil Rights Action
  A union's agency shop plan must provide constitutionally adequate procedures before non-members can be compelled to pay service fees, including advance reduction of potentially ideological expenses and an impartial arbitration process.
• Trotter v. Klincar
  748 F.2d 1177· 7th Cir.· 1984-11-27 ·cited 37×
  The court held that parole officials are entitled to absolute quasi-judicial immunity for actions related to parole revocation procedures, and that the plaintiff failed to preserve his class action claims by not seeking timely certification.
• McFADDEN v. Lucas
  713 F.2d 143· 5th Cir.· 1983-09-01 ·cited 37×·via Section 1983
  The court held that the plaintiff's complaint failed to state an arguable violation of his Eighth Amendment rights and that the district court did not abuse its discretion in denying his motion to intervene in a related class action. The dismissal of damages claims was affirmed,
• Daniels v. Williams
  720 F.2d 792· 4th Cir.· 1983-08-24 ·cited 37×
  The Parratt analysis applies to negligent deprivations of nonproperty interests, and Virginia's common law negligence action provides a meaningful postdeprivation remedy, thus no procedural due process violation occurred.
• Berdin v. Duggan
  701 F.2d 909· 11th Cir.· 1983-04-01 ·cited 37×·via 42 U.S.C. § 1983 Liability
  A public employee's speech concerning the condition of public services is constitutionally protected, and a mayor is not entitled to qualified immunity for firing an employee for such speech if the law was clearly established.
• Ealy v. Talmadge Littlejohn
  569 F.2d 219· 5th Cir.· 1978-03-08 ·cited 37×
• Hoitt v. Vitek
  497 F.2d 598· 1st Cir.· 1974-05-16 ·cited 37×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that while indefinite lockups may violate constitutional rights, the warden's good-faith belief in an emergency, coupled with a lack of clear legal standards for such situations, justified dismissal of the prisoners' damage claims.
• Hesselgesser v. Reilly
  440 F.2d 901· 9th Cir.· 1971-04-08 ·cited 37×·via 42 U.S.C. § 1983 Civil Rights Action
  A sheriff is liable under 42 U.S.C. § 1983 for a deputy's civil rights violation if state law imposes such liability, even if the deputy has civil service status. The sheriff's statutory duty to operate the jail creates an exception to the rule limiting liability for civil servic
• Madison v. Purdy
  410 F.2d 99· 5th Cir.· 1969-04-21 ·cited 37×·via 42 U.S.C. § 1983 Civil Rights Action
  A prosecuting attorney is not immune from liability if he acts outside the scope of his jurisdiction or without legal authorization, particularly when allegations suggest conspiracy and malicious acts.
• Michenfelder v. Sumner
  860 F.2d 328· 9th Cir.· 1988-10-26 ·cited 36×
  The court held that the prison's strip search policy and taser use policy were reasonably related to legitimate penological interests and did not violate the Fourth or Eighth Amendments. Procedural claims were also found meritless.
• Meehan v. Cnty. OF LOS Angeles
  856 F.2d 102· 9th Cir.· 1988-09-07 ·cited 36×·via 42 U.S.C. § 1983 Liability
  The court held that the notice of appeal was insufficient to bring claims of Michael Meehan and Keith Mauldin before the court, and that the directed verdicts in favor of Buhler and the County were proper due to lack of evidence of direct involvement or policy.
• Duggan v. Bd. OF Educ. OF E. Chicago Heights
  818 F.2d 1291· 7th Cir.· 1987-04-24 ·cited 36×·via Section 1983
  Unreviewed factual findings of a state or local agency should not be given preclusive effect in a subsequent suit brought under the Age Discrimination in Employment Act (ADEA).
• Lerwill v. Joslin
  712 F.2d 435· 10th Cir.· 1983-07-11 ·cited 36×·via 42 U.S.C. § 1983 Liability
  A prosecutor is absolutely immune from a section 1983 suit for damages when initiating a prosecution under statutes he is not authorized to invoke, provided he was arguably empowered to prosecute the conduct and the invoked statute arguably applies to the conduct.
• Rogers v. Scurr
  676 F.2d 1211· 8th Cir.· 1982-05-05 ·cited 36×·via 42 U.S.C. § 1983 Liability
  The court held that prison officials are entitled to broad discretion in matters of prison security and administration, and injunctions should not be imposed without a clear showing of constitutional deprivation or a real and immediate threat thereof.
• High OL' Times, Inc. v. Busbee
  673 F.2d 1225· 11th Cir.· 1982-04-23 ·cited 36×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the Georgia drug paraphernalia statutes were not unconstitutionally vague on their face because they provided adequate notice and could be constitutionally applied to certain items sold by the appellees. The possibility of arbitrary enforcement did not render
• Layne v. Vinzant
  657 F.2d 468· 1st Cir.· 1981-07-31 ·cited 36×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the evidence did not support the jury's findings of deliberate indifference to serious medical needs or improper transfer, and that the plaintiff failed to prove supervisory liability or loss of legal materials.
• Williams v. Rhoden
  629 F.2d 1099· 5th Cir.· 1980-11-06 ·cited 36×·via 42 U.S.C. § 1983 Liability
  The court held that the district court erred in dismissing a prisoner's Section 1983 complaint without service of process and in applying the wrong statute of limitations to the conspiracy claim.
• Marshall v. Kirkland
  602 F.2d 1282· 8th Cir.· 1979-08-01 ·cited 36×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court did not err in finding that the school district successfully rebutted the presumption of racial discrimination for individual relief and did not err in finding no prima facie case of sex discrimination within the limitations period.
• Mortimer Goodman v. Parwatikar
  570 F.2d 801· 8th Cir.· 1978-02-17 ·cited 36×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that summary judgment was improperly granted because genuine disputes of material fact exist regarding the patient's voluntary status and the hospital's duty to provide a safe and humane environment.
• Flozell Jones v. Marshall
  528 F.2d 132· 2d Cir.· 1975-11-24 ·cited 36×·via 42 U.S.C. § 1983 Civil Rights Action
  A state's common law privilege for an officer using deadly force to arrest a fleeing felon does not shield the officer from a 42 U.S.C. § 1983 claim if the state law permits force that violates federal constitutional standards.
• Pope v. Chew
  521 F.2d 400· 4th Cir.· 1975-08-04 ·cited 36×·via § 1983
  The court held that a hearing must be afforded before a conditional pardon can be revoked, even if revocation is based on a criminal conviction, because the revocation may involve the exercise of discretion.
• Thistlethwaite v. The City OF NEW York
  497 F.2d 339· 2d Cir.· 1974-05-13 ·cited 36×
  The court held that a prior state court determination on the constitutionality of park regulations, arising from a criminal conviction for violating those regulations, has res judicata effect and bars a subsequent federal action under the Civil Rights Act seeking similar relief.
• Thoms v. Heffernan
  473 F.2d 478· 2d Cir.· 1973-01-08 ·cited 36×
  The dissenting judge believes the court lacks appellate jurisdiction because the three-judge district court failed to properly address injunctive relief, and thus the case should be remanded.
• Rodriguez v. McGINNIS
  456 F.2d 79· 2d Cir.· 1972-01-25 ·cited 36×
  The court affirmed the district court's orders releasing petitioners, holding that their claims for good behavior time credit were properly considered under the habeas corpus statute, which requires exhaustion of state remedies.
• Lefcourt v. The Legal AID Soc'y
  445 F.2d 1150· 2d Cir.· 1971-06-18 ·cited 36×
  The appellate court has jurisdiction solely to correct the lower court's error in entertaining a suit without jurisdiction, and cannot reach the merits.
• Adams v. City OF Park Ridge
  293 F.2d 585· 7th Cir.· 1961-08-21 ·cited 36×
  A municipal ordinance prohibiting solicitation of funds for charitable purposes without prior consent of the City Council, which lacks standards for granting or withholding permits and exempts a specific organization, is an unconstitutional prior restraint on free speech and viol
• Abusaid v. Hillsborough Cnty. Bd. OF Cnty. Comm'rs
  405 F.3d 1298· 11th Cir.· 2005-04-15 ·cited 35×·via 42 U.S.C. § 1983 Liability
  Elias Abusaid opened a nightclub in Hillsborough County, Florida, and was arrested multiple times and prosecuted for violating the county's Dance Hall Ordinance. After his criminal conviction, Abusaid sued the Hillsborough County Sheriff's Office and the County under 42 U.S.C. §
• A1 Friedman v. Bd. OF Cnty. Comm'rs OF Bernalillo Cnty.
  781 F.2d 777· 10th Cir.· 1985-12-26 ·cited 35×
  The appellate court affirmed the district court's ruling, holding that the Bernalillo County seal, which includes a cross and the motto "CON ESTA VENCEMOS," does not violate the Establishment Clause or the Free Exercise Clause of the First Amendment, nor the Religion Clause of th
• Joan W. v. City OF Chicago
  771 F.2d 1020· 7th Cir.· 1985-08-26 ·cited 35×·via § 1983 Suit
  The court held that while the plaintiff's counsel's "Golden Rule" argument was improper, it was not reversible error given the trial court's actions. However, the jury's $112,000 damage award was found to be excessive.
• Garcia v. Salt Lake Cnty.
  768 F.2d 303· 10th Cir.· 1985-07-17 ·cited 35×·via 42 U.S.C. § 1983 Liability For Municipalities
  A municipality can be held liable under 42 U.S.C. § 1983 for constitutional deprivations resulting from its official policy or custom, even if individual officers' actions do not independently violate civil rights.
• Kolar v. Cnty. OF Sangamon OF the State OF Ill.
  756 F.2d 564· 7th Cir.· 1985-03-04 ·cited 35×·via 42 U.S.C. § 1983 Liability
  A judgment obtained under 42 U.S.C. § 1983 against a local government employee acting within the scope of employment constitutes a "tort judgment" under Illinois law, making the local entity liable for that judgment and associated attorney's fees and costs, even if punitive damag
• Dykes v. A.J. Hosemann, Jr.
  743 F.2d 1488· 11th Cir.· 1984-10-11 ·cited 35×
• Patterson v. Mintzes
  717 F.2d 284· 6th Cir.· 1983-09-07 ·cited 35×
  The court held that a district court's consideration of untimely objections to a magistrate's report, even without a formal extension, does not waive the right to appeal, and that summary judgment was improperly granted on the plaintiff's First Amendment and Eighth Amendment clai
• Tovar v. Billmeyer
  609 F.2d 1291· 9th Cir.· 1979-11-06 ·cited 35×
  The district court erred in dismissing the federal action based on abstention doctrine, as appellants did not freely and without reservation submit their federal claims for resolution in state court.
• Taylor v. Nichols
  558 F.2d 561· 10th Cir.· 1977-06-30 ·cited 35×·via 42 U.S.C. § 1983 Civil Rights Action
  A special prosecutor is entitled to the same absolute immunity as a state prosecutor, and county commissioners are entitled to qualified immunity if they act in good faith and within their discretion.
• Cook v. Whiteside
  505 F.2d 32· 5th Cir.· 1974-12-16 ·cited 35×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the inmate's pro se complaint failed to state a claim upon which relief could be granted under 42 U.S.C.A. § 1983.
• Morales v. Schmidt
  489 F.2d 1335· 7th Cir.· 1973-01-17 ·cited 35×
  The court held that the record did not adequately justify the prison's ad hoc decision to prohibit all communication between an inmate and his wife's sister, as it lacked support from regulations and failed to demonstrate necessity over less drastic alternatives.
• Reynaldo Huguet v. Barnett
  900 F.2d 838· 5th Cir.· 1990-05-11 ·cited 34×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court properly dismissed the inmate's Section 1983 excessive force claim under the Eighth Amendment standard, as the plaintiff failed to prove the necessary elements.
• Jones v. Bd. OF Police Comm'rs
  844 F.2d 500· 8th Cir.· 1988-04-01 ·cited 34×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the trial court did not abuse its discretion in denying a new trial, in its jury instructions, or in admitting evidence of the plaintiff's prior convictions for impeachment purposes.
• Parrish v. Johnson
  800 F.2d 600· 6th Cir.· 1986-09-05 ·cited 34×·via Section 1983
  The court held that the district court erred in denying Giles' First and Eighth Amendment claims and in awarding only nominal damages to Parrish for his First Amendment violations. The court reversed the denial of Giles' claims and remanded for further proceedings on damages.
• Escamilla v. City OF Santa ANA
  796 F.2d 266· 9th Cir.· 1986-07-31 ·cited 34×
  The court held that police officers present at a bar shooting did not deprive a bystander of life without due process by failing to intervene, as no special relationship existed and the officers did not create the danger.
• Kraus v. Cnty. OF Pierce
  793 F.2d 1105· 9th Cir.· 1986-07-08 ·cited 34×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the deputies' actions constituted an arrest without probable cause, but the subsequent entry into the house was consensual and did not violate any rights.
• Forrester v. Judge Howard Lee White
  792 F.2d 647· 7th Cir.· 1986-06-05 ·cited 34×
  The court held that a state judge is not absolutely immune from civil liability for firing a probation officer in violation of the officer's constitutional rights, as this is an administrative rather than a judicial act.
• Brown v. Trench
  787 F.2d 167· 3d Cir.· 1986-04-07 ·cited 34×·via 42 U.S.C. § 1983 Civil Rights Action
  A public employee's First Amendment rights are not violated if their position requires party allegiance for effective performance, but a property interest in employment requires pre-termination due process, not just post-termination remedies, unless the deprivation is random and