42 U.S.C. § 1983 Civil Rights Action

943 Florida cases classified under this topic, plus 1,362 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Sostre v. McGINNIS
  442 F.2d 178· 2d Cir.· 1971-02-24 ·cited 316×
• Zatler v. Louie L. Wainwright
  802 F.2d 397· 11th Cir.· 1986-10-17 ·cited 281×
  The dissenting judge believes the district court prematurely ruled on summary judgment, preventing a trial on the merits of the plaintiff's claims.
• Eastway Constr. Corp. v. The City OF NEW York
  762 F.2d 243· 2d Cir.· 1985-05-21 ·cited 223×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court erred in denying the municipal defendants' motion for attorneys' fees incurred in defending against Eastway's civil rights claim, as the claim was unreasonable and groundless.
• Clemons v. Dougherty Cnty.
  684 F.2d 1365· 11th Cir.· 1982-09-07 ·cited 202×
  The court held that the district court erred in granting summary judgment on the plaintiff's First Amendment claim, finding a genuine issue of material fact regarding whether his protected speech was a motivating factor in his discharge. The court also reversed summary judgment o
• Fidel Ramos v. The Honorable Richard D. Lamm
  639 F.2d 559· 10th Cir.· 1980-09-25 ·cited 201×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court denied petitions for rehearing and a suggestion for rehearing en banc, modifying its prior opinion to remove reliance on disputed stipulations. The court also awarded plaintiffs 75% of their costs.
• United Hous. Found., Inc. v. Forman
  W.D. Pa.· 1975-06-16 ·cited 199×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The dissenting justices would hold that the interests purchased by Co-op City residents constitute 'securities' under federal law, both as 'stock' and as 'investment contracts'.
• Knighton v. Watkins
  616 F.2d 795· 5th Cir.· 1980-05-07 ·cited 174×·via 42 U.S.C. § 1983 Civil Rights Claim
  Attorney's fees were warranted under 42 U.S.C. § 1988, but the trial court's award was inadequate and improperly calculated. The court vacated the award and remanded for redetermination.
• Junior Ray Duckworth v. Franzen
  780 F.2d 645· 7th Cir.· 1985-12-17 ·cited 171×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the defendants' conduct, even if negligent, did not rise to the level of deliberate indifference or recklessness required to constitute cruel and unusual punishment under the Eighth Amendment.
• Oather Jefferson Samples and Barbara Jackson v. City OF Atlanta & Officer J.M. Oglesby
  846 F.2d 1328· 11th Cir.· 1988-06-13 ·cited 166×·via 42 U.S.C. § 1983 (Excessive Force)
  Summary judgment was inappropriate because genuine issues of material fact exist regarding whether the officer used excessive force and whether the city maintained a policy or custom that led to the constitutional violation.
• Piazza v. Jefferson Cnty.
  923 F.3d 947· 11th Cir.· 2019-05-09 ·cited 164×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the second tasing of an incapacitated detainee constituted excessive force violating clearly established law, but supervisory liability claims failed due to lack of evidence of a policy or custom based on multiple incidents.
• Finney v. Ark. Bd. OF Corr. & Terrell Don Hutto
  505 F.2d 194· 8th Cir.· 1974-10-10 ·cited 162×
  The court denied the petition for rehearing, stating that appellate courts cannot consider new evidence and that the district court must determine if current conditions meet constitutional standards.
• Bauers v. Heisel
  361 F.2d 581· 3d Cir.· 1966-05-19 ·cited 152×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
• Barfield v. Brierton
  883 F.2d 923· 11th Cir.· 1989-09-15 ·cited 150×
  The court held that genuine issues of material fact existed regarding the plaintiff's liberty interest as a youthful offender and his access to courts and medical treatment, thus reversing the grant of summary judgment.
• Oliveri v. Thompson
  803 F.2d 1265· 2d Cir.· 1986-10-15 ·cited 150×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that sanctions under 28 U.S.C. § 1927 require a finding of subjective bad faith, while Rule 11 sanctions can be imposed for signing papers that are not well-grounded in fact or law after reasonable inquiry, or are filed for an improper purpose.
• Mrs. Margaret Burnside v. Byars
  363 F.2d 744· 5th Cir.· 1966-07-21 ·cited 142×
  The court held that the school regulation forbidding the wearing of 'freedom buttons' was an arbitrary and unreasonable infringement on students' First Amendment rights, and the denial of a preliminary injunction was an abuse of discretion.
• Norton v. McSHANE
  332 F.2d 855· 5th Cir.· 1964-06-01 ·cited 139×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The dissenting opinion argues that the majority erred in granting immunity to federal officials accused of violating fundamental constitutional rights. It asserts that official immunity does not shield acts that are unlawful, willful, and malicious denials of constitutional right
• Mrs. Lola Hornsby v. Allen
  326 F.2d 605· 5th Cir.· 1964-01-07 ·cited 139×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court's opinion, as interpreted by the dissenter, classifies the refusal of a liquor license as adjudicative, not legislative, potentially misleading future cases.
• Fils v. City OF Aventura
  647 F.3d 1272· 11th Cir.· 2011-07-28 ·cited 138×·via 42 U.S.C. § 1983 (Excessive Force)
  Cindy Fils and Nemours Maurice sued police officers under 42 U.S.C. § 1983 for excessive force after being tased and arrested outside a nightclub in Aventura, Florida on August 23, 2003. The district court denied the officers' motions for summary judgment based on qualified immun
• The Vulcan Soc'y OF the NEW York City Fire Dep't, Inc. v. Civil Serv. Comm'n OF the City OF NEW York
  490 F.2d 387· 2d Cir.· 1973-11-21 ·cited 133×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the Fire Department's selection procedures, including a written examination with a discriminatory impact and a lack of a competitive physical, were insufficiently job-related to withstand constitutional attack.
• Hattie Brazier v. Cherry
  293 F.2d 401· 5th Cir.· 1961-07-07 ·cited 126×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that 42 U.S.C.A. § 1988, when applied with the Georgia Survival Statute, creates a cause of action not intended by Congress. The dissent argues this circumvents limitations in § 1986.
• Llaguno v. Mingey
  763 F.2d 1560· 7th Cir.· 1985-06-05 ·cited 120×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court affirmed the jury's verdict, holding that the police officers had probable cause and sufficient exigent circumstances to enter the Llaguno home without a warrant. The concurring opinion argued that the district court did not commit trial errors sufficient to warrant a n
• Marshall v. Sawyer
  301 F.2d 639· 9th Cir.· 1962-03-07 ·cited 116×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that a state may constitutionally exclude convicted felons from gambling establishments, as gambling is a privilege, not a right, and the state has a compelling interest in regulating it to prevent crime and protect its economy.
• Kenney v. Honorable Raymond W. FOX
  232 F.2d 288· 6th Cir.· 1956-04-19 ·cited 114×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The common law doctrine of judicial immunity, protecting judges and quasi-judicial officers acting within their jurisdiction, has not been abrogated by the Civil Rights Act.
• Claudine Hall v. Garson
  430 F.2d 430· 5th Cir.· 1970-07-22 ·cited 110×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court erred in dismissing the case for lack of federal jurisdiction and that a claim was stated under 42 U.S.C. § 1983, but affirmed the refusal to convene a three-judge court.
• McCONNELL v. Critchlow
  661 F.2d 116· 9th Cir.· 1981-11-09 ·cited 109×
  The court held that the Eleventh Amendment bars suits against states in federal court and that the statute of limitations had run on the civil rights claims, affirming all dismissals.
• Guerro v. Mulhearn
  498 F.2d 1249· 1st Cir.· 1974-06-24 ·cited 109×
  A federal court must stay its hand in a section 1983 damage action if disposition would involve ruling on the legality of a state conviction during pending state proceedings, but not every related action requires exhaustion.
• Carter v. Carlson
  447 F.2d 358· D.C. Cir.· 1971-07-23 ·cited 108×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that supervisory officials are not absolutely immune from suit under 42 U.S.C. § 1983, and that the District of Columbia should share liability for police misconduct.
• Rhem v. Malcolm
  507 F.2d 333· 2d Cir.· 1974-11-08 ·cited 107×
  The court affirmed the district court's findings that conditions at the Tombs violated the constitutional rights of pre-trial detainees but remanded for further consideration of the equitable relief ordered.
• Bridgeport Guardians, Inc. v. Members OF the Bridgeport Civil Serv. Comm'n
  482 F.2d 1333· 2d Cir.· 1973-06-28 ·cited 107×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that while hiring quotas were permissible to remedy past discrimination in police examinations, quotas for promotions above the rank of patrolman constituted an abuse of discretion.
• Toussaint v. McCARTHY
  801 F.2d 1080· 9th Cir.· 1986-09-30 ·cited 105×
  The court held that the district court assumed too much control over prison affairs, requiring modification of the permanent injunction to ensure it is no broader than necessary to remedy constitutional violations.
• Gregory v. Mitchell
  634 F.2d 199· 5th Cir.· 1981-01-12 ·cited 105×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that shareholders lack standing to sue for corporate injuries, pendent jurisdiction was properly declined, leave to amend was untimely, and claims against the FDIC and United States were correctly dismissed.
• Kletschka v. Driver
  411 F.2d 436· 2d Cir.· 1969-04-22 ·cited 105×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that material issues of fact exist regarding whether the plaintiff's transfer was disciplinary and thus required a hearing under 38 U.S.C. § 4110, and whether his constitutional due process rights were violated. Summary judgment was reversed in part.
• Kershner v. Mazurkiewicz
  670 F.2d 440· 3d Cir.· 1982-02-01 ·cited 104×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that 28 U.S.C. § 1292(a)(1) should be construed narrowly, limiting appellate jurisdiction to review only independently appealable orders, not ancillary ones.
• Patsy v. Fla. Int'l Univ.
  634 F.2d 900· 5th Cir.· 1981-01-22 ·cited 104×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that exhaustion of adequate state administrative remedies can be a prerequisite to filing a section 1983 suit, departing from a strict no-exhaustion rule.
• Gomez v. Fla. State Emp. Serv.
  417 F.2d 569· 5th Cir.· 1969-10-09 ·cited 102×·via Civil Rights Act (42 U.S.C. § 1983)
  Migratory farm workers have implied rights and remedies under the Wagner-Peyser Act and its regulations, and can sue under 42 U.S.C. § 1983 for violations of these rights.
• Black v. Stephens
  662 F.2d 181· 3d Cir.· 1981-09-28 ·cited 101×
  The court held that there was sufficient evidence to sustain the jury's findings of liability and damages against the police detective, police chief, and city for constitutional violations under section 1983, and that no errors occurred requiring a new trial.
• Meade v. Grubbs
  841 F.2d 1512· 10th Cir.· 1988-03-11 ·cited 100×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court abused its discretion by dismissing the case for violation of a local rule and that the plaintiff's allegations sufficiently stated a claim for excessive force under 42 U.S.C. § 1983. However, state officials sued in their official capacitie
• Jack A. Braley, D.O. v. Garland Campbell, M.D.
  832 F.2d 1504· 10th Cir.· 1987-11-09 ·cited 100×·via Civil Rights Claims Under 42 U.S.C. § 1983
  The dissenting judge believes the court should have ordered the attorney to show cause why sanctions should not be imposed and granted the appellees the right to respond.
• Robichaud v. Ronan
  351 F.2d 533· 9th Cir.· 1965-10-08 ·cited 100×·via Civil Rights Act (42 U.S.C. § 1983)
  A prosecuting attorney is not immune from liability under 42 U.S.C. § 1983 when acting outside their quasi-judicial capacity, such as in an investigative or police-like role.
• Josephina Duchesne as Administratrix of the Estate of Pauline Perez v. Jule M. Sugarman
  566 F.2d 817· 2d Cir.· 1977-09-28 ·cited 94×
  The court held that the prolonged retention of children without parental consent or prompt judicial ratification, despite repeated requests for their return, violated the mother's and children's due process rights.
• McLAUGHLIN v. Tilendis
  398 F.2d 287· 7th Cir.· 1968-06-12 ·cited 94×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that probationary teachers have First Amendment rights to associate with a union, and their dismissal for such association states a claim under Section 1983, despite the lower court's finding of no jurisdiction.
• DeMartini v. Town of Gulf Stream
  942 F.3d 1277· 11th Cir.· 2019-11-21 ·cited 93×
  Denise DeMartini, a director of Citizens Awareness Foundation (CAFI), filed a federal lawsuit claiming the Town of Gulf Stream violated her First Amendment rights by retaliating against her with a civil RICO lawsuit in response to CAFI's filing of thousands of public records requ
• Sears v. Vernia Roberts
  922 F.3d 1199· 11th Cir.· 2019-04-24 ·cited 91×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court erred in granting summary judgment by misinterpreting precedent and failing to view evidence in the light most favorable to the non-moving party.
• Everett v. Napper
  833 F.2d 1507· 11th Cir.· 1987-12-15 ·cited 91×
  The court held that a firefighter's refusal to submit to a urinalysis based on reasonable suspicion did not violate the Fourth Amendment, but the suspension without pay prior to a hearing did violate procedural due process.
• Parrett v. City OF Connersville
  737 F.2d 690· 7th Cir.· 1984-06-21 ·cited 91×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that while a collective bargaining agreement's grievance procedure can satisfy due process, it failed to do so in this case due to administrative delays and limitations, and that defendants waived their right to appeal errors in jury instructions by failing to obje
• Rivera v. Allin
  144 F.3d 719· 11th Cir.· 1998-06-23 ·cited 90×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The Eleventh Circuit affirmed the district court's dismissal, holding that the "three strikes" provision of 28 U.S.C. § 1915(g) is constitutional. The court found no violations of the First Amendment right to access the courts, the separation of powers doctrine, the Fifth Amendme
• Ill. State Emps. Union v. Lewis
  473 F.2d 561· 7th Cir.· 1972-09-18 ·cited 90×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that plaintiffs' discharges for partisan political reasons were constitutionally impermissible.
• Clark v. State OF Wash.
  366 F.2d 678· 9th Cir.· 1966-09-26 ·cited 89×·via Civil Rights Act (42 U.S.C. § 1983)
  The district court properly dismissed the action against the State of Washington due to sovereign immunity and against the Bar Association because it is an agency of the state entitled to quasi-judicial immunity and because no effective decree could be framed.
• Blackwell v. Issaquena Cnty. Bd. OF Educ.
  363 F.2d 749· 5th Cir.· 1966-07-21 ·cited 88×
  The court held that the school regulation forbidding the wearing of 'freedom buttons' was reasonable and necessary for maintaining school discipline, given the significant disruptions caused by the students' conduct.
• Spell v. McDANIEL
  824 F.2d 1380· 4th Cir.· 1987-07-24 ·cited 87×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the evidence was sufficient to support the jury's finding of municipal liability against the City of Fayetteville under either a deficient training policy or a condoned custom theory, and affirmed the judgment on the merits.