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

• Holloway v. Judge Dee Brown Walker
  784 F.2d 1287· 5th Cir.· 1986-03-19 ·cited 34×
  The court held that alleged conspiracy to deprive plaintiffs of property through judicial proceedings does not violate due process because adequate post-deprivation remedies (appeal) exist, and the right to a fair trial is procedural, not substantive.
• Williams v. Mensey
  785 F.2d 631· 8th Cir.· 1986-03-07 ·cited 34×
  The court affirmed the judgment, holding that the plaintiff failed to present sufficient evidence to establish county liability under § 1983, and that the trial court did not abuse its discretion regarding discovery, mistrial, evidence admission, or damage and fee awards.
• Edgardo A. Gonzalez, Jr. v. C.Y. Benavides, Jr.
  774 F.2d 1295· 5th Cir.· 1985-10-24 ·cited 34×·via 42 U.S.C. § 1983 Civil Rights Action
  A public employee's speech is protected under the First Amendment if it addresses a matter of public concern and does not unduly disrupt the government employer's operations, even if the employee holds a policymaking position.
• Neubauer v. City OF McALLEN
  766 F.2d 1567· 1st Cir.· 1985-08-08 ·cited 34×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a general jury verdict based on multiple theories of liability, where at least one theory lacks sufficient evidentiary support, must be reversed because it is impossible to determine the jury's basis for the verdict. The court also held that a governmental emp
• Robbins v. Maggio
  750 F.2d 405· 5th Cir.· 1985-01-14 ·cited 34×
  The court held that orders denying appointment of counsel in civil cases are not immediately appealable under the collateral order doctrine.
• Premachandra v. Mitts
  753 F.2d 635· 8th Cir.· 1985-01-14 ·cited 34×
  The dissenting judge argues the majority opinion misinterprets the Equal Access to Justice Act (EAJA) by disregarding legislative history and rendering statutory language ineffective. The dissent believes the EAJA was intended to place the federal government on equal footing with
• John v. Norris
  737 F.2d 1148· D.C. Cir.· 1984-06-22 ·cited 34×·via 42 U.S.C. § 1983 Liability
  The court held that a prisoner alleging unprovoked macing and beating by correctional officers states a claim under 42 U.S.C. § 1983, even without permanent injury, if the force was applied maliciously and sadistically.
• Hagee v. City OF Evanston
  729 F.2d 510· 7th Cir.· 1984-03-09 ·cited 34×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the appellants' federal damages suit was barred by res judicata under Illinois law because the claims could have been raised in their prior state court action arising from the same set of facts.
• Moore v. State OF Fla. & Agents Ray Henderson
  703 F.2d 516· 11th Cir.· 1983-04-21 ·cited 34×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a local rule requiring opposition to a summary judgment motion within 10 days does not constitute constructive notice for a pro se inmate, and that the inmate's First Amendment claim should have been considered as an amendment to the complaint.
• Palmer v. Hudson
  697 F.2d 1220· 4th Cir.· 1983-01-06 ·cited 34×
  The court held that intentional destruction of prisoner property is not a due process violation if an adequate state remedy exists, but a prisoner's claim of an unreasonable search motivated by harassment requires further factual determination.
• Harris v. City OF Roseburg
  664 F.2d 1121· 9th Cir.· 1981-12-28 ·cited 34×·via 42 U.S.C. § 1983 Liability
  The court held that while a police officer's mere presence during a repossession might not constitute state action, active participation or intimidation preventing a debtor from exercising legal rights can lead to liability under 42 U.S.C. § 1983. However, the officer was immune
• Roberts v. Sgt. George Hollocher
  664 F.2d 200· 8th Cir.· 1981-11-24 ·cited 34×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court did not err in refusing a specific jury instruction on equality, admitting evidence of drug use, admitting a photograph of a shotgun, or excluding a physician's diagnosis phrase, as the jury instructions as a whole were fair and the evidenti
• Williams v. Mo. Bd. OF Prob. & Parole
  661 F.2d 697· 8th Cir.· 1981-10-09 ·cited 34×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the Missouri parole statute creates a protected liberty interest in parole release, requiring due process protections for inmates.
• Major v. Ariz. State Prison
  642 F.2d 311· 9th Cir.· 1981-04-16 ·cited 34×
  The court held that the Arizona tolling statute should be applied to an imprisoned state prisoner's § 1983 claim, despite the majority's reasoning.
• NEW Jersey-Philadelphia Presbytery OF THE Bible Presbyterian Church v. NEW Jersey State Bd. OF Higher Educ.
  654 F.2d 868· 3d Cir.· 1981-04-14 ·cited 34×
  The majority's rule allowing federal plaintiffs, not parties to a state proceeding, to interfere with that proceeding is unprecedented and contrary to established precedent.
• Niles B. Wanger and Shirley Wanger v. Bonner
  621 F.2d 675· 5th Cir.· 1980-07-14 ·cited 34×·via 42 U.S.C. § 1983 Liability
  A sheriff can be held liable under 42 U.S.C. § 1983 for establishing policies that lead to constitutional violations by deputies, even if the deputies themselves are found not liable.
• Williams v. Bd. OF Regents OF THE Univ. Sys. OF Ga.
  629 F.2d 993· 5th Cir.· 1980-06-05 ·cited 34×
  The court held that the district court did not err in refusing to admit evidence of a confidentiality policy for police accident reports, nor in refusing to allow Pickering defenses or a qualified immunity charge, as the policy conflicted with state law and the defendants' action
• Mollie H. Watson and Jack Watson v. Interstate Fire & Cas. Co.
  611 F.2d 120· 5th Cir.· 1980-02-06 ·cited 34×
  The court held that Judge Mouser was performing a judicial function and thus immune from liability, and Sheriff Cowart was not personally involved and not vicariously liable for his deputies' actions under 42 U.S.C. § 1983.
• Clark v. Whiting
  607 F.2d 634· 4th Cir.· 1979-09-17 ·cited 34×
  Federal courts should not review academic promotion decisions based on subjective evaluations of scholarly merit, absent claims of racial/sex discrimination or First Amendment violations.
• Johnson v. Presley Hardy
  601 F.2d 172· 5th Cir.· 1979-08-07 ·cited 34×
  A prisoner's challenge to the duration of confinement, even if framed as a request for damages or declaratory relief under § 1983, is properly treated as a habeas corpus matter requiring exhaustion of state remedies.
• Dimarzo v. Cahill
  575 F.2d 15· 1st Cir.· 1978-05-02 ·cited 34×·via 42 U.S.C. § 1983 Liability
  The Commissioner of Correction is responsible for unconstitutional jail conditions due to failure to promulgate and enforce minimum standards, and the district court's equitable remedies, including the threat of closure and ordering additional staff, were appropriate.
• McREDMOND v. Wilson
  533 F.2d 757· 2d Cir.· 1976-02-02 ·cited 34×·via 42 U.S.C. § 1983 Civil Rights Action
• Robison v. Wichita Falls & N. Tex. Cmty. Action Corp.
  507 F.2d 245· 5th Cir.· 1975-01-15 ·cited 34×·via 42 U.S.C. § 1983 Civil Rights Action
• Glasscoe v. Howell
  431 F.2d 863· 8th Cir.· 1970-08-12 ·cited 34×
  The court held that the one-year statute of limitations for assault and battery or false imprisonment does not apply to a 42 U.S.C. § 1983 action; instead, a longer statute of limitations applies.
• Jacobs v. Mancuso
  825 F.2d 559· 1st Cir.· 1987-07-24 ·cited 33×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court's substantial reduction in attorney's fees lacked sufficient explanation and justification, requiring appellate review and recalculation.
• Harris v. Deveaux
  780 F.2d 911· 11th Cir.· 1986-01-21 ·cited 33×
• Kidd v. O'Neil
  774 F.2d 1252· 4th Cir.· 1985-09-23 ·cited 33×·via 42 U.S.C. § 1983 (Excessive Force)
  The Fourth and Fourteenth Amendments provide protection against excessive force by state police during arrests, and the district court erred in requiring a specific intent to infringe a constitutional right for such claims.
• White Mountain Apache Tribe v. Williams
  810 F.2d 844· 9th Cir.· 1984-02-07 ·cited 33×·via 42 U.S.C. § 1983 Civil Rights Action
  A preemption claim under the Supremacy Clause, based on federal occupation of a field or conflict with federal goals, does not give rise to a claim cognizable under 42 U.S.C. § 1983, and therefore does not support an award of attorney's fees under 42 U.S.C. § 1988.
• United States ex rel. George Simmons v. Mr. Robert J. Zibilich
  542 F.2d 259· 5th Cir.· 1976-11-11 ·cited 33×·via 42 U.S.C. § 1983 Liability
  A court-appointed volunteer attorney is not liable under 42 U.S.C. § 1983 for malpractice-type actions or omissions because their conduct is not "under color of state law."
• Eichler O. Kelly v. Springett
  527 F.2d 1090· 9th Cir.· 1975-09-05 ·cited 33×
  The court held that the district court properly granted summary judgment because the appellant's claim was essentially a tax refund action barred by 28 U.S.C. § 1341, and he failed to present specific facts showing a genuine issue for trial.
• McKINNEY v. DE Bord
  507 F.2d 501· 9th Cir.· 1974-11-21 ·cited 33×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court erred in dismissing a count of the complaint without allowing the plaintiff to respond, by improperly considering materials outside the complaint.
• Jenne v. Maranto
  825 So. 2d 409· Fla. 4th DCA· 2002-05-08 ·cited 32×·via 42 U.S.C. § 1983 Liability
  A Sheriff of Broward County appealed the trial court's denial of his Eleventh Amendment immunity claim in an Equal Pay Act lawsuit brought by a female employee. The court held that the Sheriff, as a county official, is not an arm of the State entitled to Eleventh Amendment protec
• Professor Ernest F. Dube v. The State Univ. OF NEW York
  900 F.2d 587· 2d Cir.· 1990-04-12 ·cited 32×·via 42 U.S.C. § 1983 Liability
  The court held that the district court did address the qualified immunity defense, establishing appellate jurisdiction.
• Kennedy v. LOS Angeles Police Dep't
  887 F.2d 920· 9th Cir.· 1989-10-11 ·cited 32×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the officers lacked probable cause to arrest Kennedy for grand theft and were not entitled to qualified immunity, and that the LAPD's policy of conducting body-cavity searches on all felony arrestees violates the Fourth Amendment.
• Gutierrez-Rodriguez v. Desiderio Cartagena and Domingo Alvarez
  882 F.2d 553· 1st Cir.· 1989-08-11 ·cited 32×·via 42 U.S.C. § 1983 Liability
  The court held that there was sufficient evidence to support the jury's findings of liability under 42 U.S.C. § 1983 against both the individual officers who fired shots and their supervisors, based on reckless or callous indifference to the plaintiff's constitutional rights.
• Serio v. Members OF La. State Bd. OF Pardons
  821 F.2d 1112· 5th Cir.· 1987-07-17 ·cited 32×·via 42 U.S.C. § 1983 Claim For Damages
  Members of the Louisiana State Board of Pardons are absolutely immune from § 1983 damages claims. Claims for injunctive relief that are essentially attacks on a single parole hearing require exhaustion of state habeas corpus remedies.
• Poole v. Lambert
  819 F.2d 1025· 11th Cir.· 1987-06-19 ·cited 32×
  The court held that dismissing a prisoner's case for failure to prosecute was an unduly severe sanction when the district court failed to rule on the motion for appointment of counsel and did not consider all relevant factors before denying a writ of habeas corpus ad testificandu
• Hinshaw v. Doffer
  785 F.2d 1260· 5th Cir.· 1986-03-28 ·cited 32×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the evidence was insufficient to support a judgment against the police chief for failure to supervise or train the officer, but sufficient to support judgments against the officer for false arrest and excessive force. The court also held that the officer is fu
• Milan Schultz v. Baumgart
  738 F.2d 231· 7th Cir.· 1984-07-02 ·cited 32×·via 42 U.S.C. § 1983 Claim For Damages
  A public employee with a property interest in their job must receive prior notice and a meaningful opportunity to respond before termination; post-termination remedies do not cure a pre-termination due process violation if pre-termination procedures were practicable. Individual l
• McGRATH v. Carlo Spirito, Jr.
  733 F.2d 967· 1st Cir.· 1984-05-02 ·cited 32×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the defendant waived his objections to jury instructions by failing to properly object after the charge, and that the given instruction was not plain error.
• Keylik v. Goldstein
  724 F.2d 844· 1st Cir.· 1984-01-11 ·cited 32×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that an attorney's prior consultation with a potential witness, even if brief and followed by withdrawal, can create a conflict of interest warranting disqualification if the matters are substantially related to the current litigation, and that opposing counsel has
• Brandon v. Allen
  719 F.2d 151· 6th Cir.· 1983-10-11 ·cited 32×·via 42 U.S.C. § 1983 Liability
  The court held that Director Chapman is entitled to qualified immunity and reversed the finding of liability against him, but remanded the case to recalculate damages against Officer Allen to include dignitary harm.
• Boatowners & Tenants Ass'n, Inc. v. Port OF Seattle
  716 F.2d 669· 9th Cir.· 1983-09-22 ·cited 32×·via 42 U.S.C. § 1983 Cause Of Action
  The court held that the River and Harbor Improvements Act does not create enforceable federal rights for pleasure craft owners, thus precluding a cause of action under 42 U.S.C. § 1983.
• S. JAM, Inc. v. Robinson
  675 F.2d 94· 5th Cir.· 1982-05-06 ·cited 32×
  The court held that res judicata applies to § 1983 actions when parties had a full and fair opportunity to litigate their claims in prior state court proceedings.
• Clark v. The City OF LOS Angeles
  650 F.2d 1033· 9th Cir.· 1981-07-13 ·cited 32×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the admission of a diary as evidence was reversible error because it was not a business record or recorded recollection and was highly prejudicial. The court also affirmed the denial of the motion to declare the zoning ordinance unconstitutional.
• Rubin v. O'Koren
  644 F.2d 1023· 5th Cir.· 1981-05-11 ·cited 32×
  The court held that the plaintiff's cause of action was timely because the alleged civil rights violations continued until the university grievance committee upheld her dismissal.
• Gurmankin v. Costanzo
  626 F.2d 1115· 3d Cir.· 1980-06-30 ·cited 32×·via Section 1983
  The majority opinion awarded additional backpay to Ms. Gurmankin for the period 1970-1976, importing a Title VII presumption into a Section 1983 claim.
• Williams v. Walsh
  558 F.2d 667· 2d Cir.· 1977-06-27 ·cited 32×
  The court held that the plaintiff's § 1983 action was time-barred by the borrowed Connecticut tort statute of limitations, and that neither the equitable claim for reinstatement nor tolling of the statute were applicable.
• Smart v. Romeo Villar
  547 F.2d 112· 10th Cir.· 1976-12-30 ·cited 32×·via 42 U.S.C. § 1983 Civil Rights Action
  A difference of opinion between a prisoner and medical staff regarding diagnosis or treatment does not constitute a constitutional violation under 42 U.S.C. § 1983.
• Blue v. Craig
  505 F.2d 830· 4th Cir.· 1974-10-18 ·cited 32×
  The court held that Section 1983 provides a cause of action for deprivations of rights secured by federal laws, not just the Constitution, and that federal jurisdiction exists under Section 1343(3) and (4) for such claims, even if they involve welfare benefits.