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

• Carlson v. Conklin
  813 F.2d 769· 6th Cir.· 1987-03-12 ·cited 14×
  The court held that a state official's placement of a prisoner in a halfway house, which led to the prisoner assaulting a member of the public, was too remote a consequence to establish a deprivation of constitutional rights under 42 U.S.C. § 1983.
• DeVARGAS v. Montoya
  796 F.2d 1245· 10th Cir.· 1986-07-08 ·cited 14×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the plaintiff's federal claims were barred by the statute of limitations and res judicata, affirming the district court's dismissal.
• Walje v. The City OF Winchester
  773 F.2d 729· 6th Cir.· 1985-09-30 ·cited 14×
  The court held that general damages are available for violations of substantive constitutional rights, even without proof of actual injury, and that attorney fee awards must be explained with sufficient specificity.
• Steinle v. Warren
  765 F.2d 95· 7th Cir.· 1985-06-13 ·cited 14×
  The court held that the district court properly granted summary judgment because the appellant failed to produce admissible evidence creating a genuine issue of material fact and the claim was time-barred. The court also affirmed the award of attorney fees and expenses.
• Wagner v. Higgins
  754 F.2d 186· 6th Cir.· 1985-02-08 ·cited 14×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that the plaintiff's claims, including those for theft of property, were properly dismissed because they were subject to the Parratt doctrine, which requires exhaustion of state post-deprivation remedies for random and unauthorized deprivations of property.
• DeLANCY v. Caldwell
  741 F.2d 1246· 10th Cir.· 1984-08-29 ·cited 14×
  A prisoner's claim for damages due to an excessive delay in obtaining a trial transcript is not mooted by the subsequent provision of the transcript.
• Benson v. Scott
  7th Cir.· 1984-05-09 ·cited 14×
  The court held that material questions of fact exist regarding Benson's due process claim, precluding summary judgment and requiring remand.
• Hosea Simmons and Andrea Williams v. William Ryan Drew & the Hous. Auth. of the City of Milwaukee
  716 F.2d 1160· 7th Cir.· 1983-09-12 ·cited 14×·via Civil Rights Suit Under 42 U.S.C. § 1983
  A public housing agency must provide a hearing before expelling a participant from a rent assistance program if it cannot make retroactive payments for benefits lost during the expulsion period.
• Oss Smith, Jr. v. Martinez
  706 F.2d 572· 5th Cir.· 1983-06-06 ·cited 14×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that the trial court did not abuse its discretion in requiring a prisoner to pay partial filing and service fees totaling $3.00 from his prison account.
• Engblom v. Carey
  677 F.2d 957· 2d Cir.· 1982-05-03 ·cited 14×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the Third Amendment's protection against quartering troops extends to individuals with a lawful occupation or possession interest in a house, not just fee simple owners. It also held that while the state's emergency justified summary eviction without pre-depri
• Blake v. Hall
  668 F.2d 52· 1st Cir.· 1981-12-18 ·cited 14×
  The court held that the district court erred in finding no constitutional violations regarding cell block conditions and the New Man's Section, and that inmate conduct does not absolve the prison administration of its responsibility to maintain constitutional conditions.
• Giulini v. Blessing
  654 F.2d 189· 2d Cir.· 1981-07-02 ·cited 14×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that the district court erred in dismissing the civil rights complaint for lack of subject matter jurisdiction, but that abstention under Younger v. Harris was appropriate for declaratory and injunctive relief due to pending state criminal proceedings.
• Krause v. Rhodes
  640 F.2d 214· 6th Cir.· 1981-03-27 ·cited 14×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  A federal district court has the equitable power to supervise and limit attorneys' fees derived from contingent fee contracts, especially when necessary to effectuate a settlement and ensure fairness to litigants.
• Tatum v. Sheriff Jake Houser
  642 F.2d 253· 8th Cir.· 1981-03-06 ·cited 14×
  The court affirmed the district court's judgment, finding that while the lower court erred in two of its three grounds for dismissal, the factual finding regarding the plaintiff's credibility was not clearly erroneous.
• Johnson v. Mateer
  625 F.2d 240· 9th Cir.· 1980-07-03 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Violations
  Collateral estoppel does not bar a plaintiff from litigating Fourth Amendment issues in a Section 1983 action if those issues were previously raised in a state criminal suppression hearing, especially when federal habeas corpus is unavailable.
• McCLAIN v. Brown
  587 F.2d 389· 8th Cir.· 1978-11-17 ·cited 14×·via Civil Rights Suit Under 42 U.S.C. § 1983
  Magistrates are immune from civil liability for judicial acts performed within their jurisdiction, even if erroneous.
• Graves v. Ennis J. Olgiati
  550 F.2d 1327· 2d Cir.· 1977-03-07 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that while the dismissal was improper on res judicata grounds, the prisoner's constitutional claims were patently without merit and thus properly dismissed as frivolous.
• Olshock v. Vill. OF Skokie
  541 F.2d 1254· 7th Cir.· 1976-09-17 ·cited 14×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the record did not sustain a finding of clear and intentional discrimination by the Board, and thus the plaintiffs failed to meet their burden of proof for constitutional violations.
• Qualls v. Parrish
  534 F.2d 690· 6th Cir.· 1976-04-19 ·cited 14×
  The court held that the deputies had probable cause to stop the vehicle and lawfully used deadly force because the driver's actions constituted a felonious assault under Tennessee law, which the court adopted as the federal standard for this § 1983 action.
• Reich v. City OF Freeport
  527 F.2d 666· 7th Cir.· 1975-12-24 ·cited 14×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  A former police officer lacks standing to challenge municipal ordinances as a citizen or taxpayer, and his claims regarding his discharge are barred by res judicata due to prior state court determination.
• Stone v. Philbrook
  528 F.2d 1084· 2d Cir.· 1975-12-03 ·cited 14×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the district court erred in granting summary judgment because there is substantial doubt whether the Commissioner's regulations characterizing General Assistance as an emergency program requiring weekly reapplication and work search are within the rulemaking p
• Elian Bolanos v. Kiley
  509 F.2d 1023· 2d Cir.· 1975-01-29 ·cited 14×
  The court held that an alien's claim of constitutional violations by state officers does not grant a constitutional right to remain in the United States indefinitely, and the denial of an extension for voluntary departure is reviewed for abuse of discretion.
• Wells v. Malloy
  510 F.2d 74· 2d Cir.· 1975-01-23 ·cited 14×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that suspending a driver's license for non-payment of a tax, even if the tax is admittedly due, is not considered 'collection' under 28 U.S.C. § 1341, and thus the federal anti-injunction act does not bar federal court jurisdiction.
• Bergstralh v. Lowe
  504 F.2d 1276· 9th Cir.· 1974-08-06 ·cited 14×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court erred in ruling as a matter of law that the arrest was legal, as conflicting evidence required jury determination.
• Wilkerson v. Meskill
  501 F.2d 297· 2d Cir.· 1974-07-25 ·cited 14×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that arguments not properly raised in the District Court cannot be considered on appeal, affirming the dismissal based on Eleventh Amendment immunity.
• Rojelio E. Rivera v. Toft
  477 F.2d 534· 10th Cir.· 1973-04-23 ·cited 14×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the district court correctly dismissed the inmates' action because administrative remedies were not exhausted and the claims lacked merit.
• Rance Lee VIA v. Cliff
  470 F.2d 271· 3d Cir.· 1972-12-06 ·cited 14×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that a prisoner's allegations of denied consultation with counsel, if proven, could constitute an infringement of the constitutional right to counsel actionable under 42 U.S.C. § 1983, and that the district court's dismissal was premature.
• Goodwin v. Oswald
  462 F.2d 1237· 2d Cir.· 1972-06-19 ·cited 14×
  The court held that the Legal Aid Society's extensive communication to inmates, which included assertions about union recognition and potential conflict, was not merely legal advice but constituted solicitation and a threat to prison order, justifying prison officials' refusal to
• McCLENDON v. Rosetti
  460 F.2d 111· 2d Cir.· 1972-04-12 ·cited 14×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that Section 435-4.0 of the New York City Administrative Code is unconstitutional as applied to property seized from individuals, other than contraband, when criminal proceedings have terminated or the property is no longer needed as evidence, violating due process
• Allison v. Wilson
  434 F.2d 646· 9th Cir.· 1970-11-24 ·cited 14×·via Civil Rights Act (42 U.S.C. § 1983)
  A complaint alleging physical abuse by prison guards states a cause of action under the Civil Rights Act, 42 U.S.C. § 1983, even without alleging specific intent to violate constitutional rights.
• Adickes v. S. H. Kress & Co.
  409 F.2d 121· 2d Cir.· 1968-12-27 ·cited 14×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
• Lessie Randell v. Newark Hous. Auth. & Louis Danzig
  384 F.2d 151· 3d Cir.· 1967-10-03 ·cited 14×
  The court held that the district court should abstain from further action and remanded for vacation of the dismissal order, vacating the temporary restraining order and affirming the denial of preliminary injunctions.
• Simmons v. Whitaker
  252 F.2d 224· 5th Cir.· 1958-02-14 ·cited 14×·via Civil Rights Act (42 U.S.C. § 1983)
• Michael-Zahir David Fleming v. Officer Tristin Allen
  M.D. Fla.· 2025-11-19 ·cited 13×
  The court held that the plaintiff's motion to reopen the case is denied because service of process was improper under federal and state rules.
• Blue Martini Kendall, LLC v. Miami Dade Cnty. Fla.
  816 F.3d 1343· 11th Cir.· 2016-03-17 ·cited 13×·via 42 U.S.C. § 1983 Civil Rights Claim
  Blue Martini Kendall, LLC appealed a district court order granting summary judgment to Miami-Dade County on the County's indemnification claim under Florida Statute § 30.2905, which makes private employers responsible for acts or omissions of off-duty deputy sheriffs providing se
• Wynn v. City of Lakeland
  727 F. Supp. 2d 1309· M.D. Fla.· 2010-07-20 ·cited 13×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that summary judgment is granted for assault and negligence claims, but denied for excessive force and battery claims.
• Burns v. Loranger
  907 F.2d 233· 1st Cir.· 1990-06-29 ·cited 13×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that the officers were entitled to qualified immunity because their conduct in strip-searching the plaintiff was objectively reasonable under the circumstances, and thus did not violate clearly established Fourth Amendment rights.
• Hansen v. Black
  885 F.2d 642· 9th Cir.· 1989-09-19 ·cited 13×
  Summary judgment for the arresting officers is reversed because a genuine issue of material fact exists regarding whether Hansen's conduct violated a city ordinance and whether excessive force was used. Summary judgment for the Chief of Police and the City Prosecutor is affirmed
• Webster v. Sowders
  846 F.2d 1032· 6th Cir.· 1988-05-18 ·cited 13×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that interim attorney fees and expert monitor costs awarded without findings on liability are not appealable interlocutorily and must be reversed and remanded. The court also held that a district court cannot impose Rule 11 sanctions for filing an appeal.
• Toussaint v. McCARTHY
  826 F.2d 901· 9th Cir.· 1987-09-02 ·cited 13×·via Civil Rights Claims Under 42 U.S.C. § 1983
  A party is entitled to attorney's fees under 42 U.S.C. § 1988 for partial success on appeal, but the award must be reduced to reflect the limited extent of that success.
• Iacobucci v. City OF Newport
  785 F.2d 1354· 6th Cir.· 1986-03-20 ·cited 13×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the fingerprinting ordinance is constitutional as a valid exercise of police power, but the nude dancing ordinance requires further factual determination regarding the city's authority.
• Tarkowski v. Cnty. OF Lake
  775 F.2d 173· 7th Cir.· 1985-10-10 ·cited 13×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that the district court erred in denying attorney's fees to the prevailing defendants, as the plaintiff's suit was factually baseless and frivolous. The court affirmed the dismissal of the plaintiff's suit.
• Peraza v. Delameter
  722 F.2d 1455· 9th Cir.· 1984-01-03 ·cited 13×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the trial court did not abuse its discretion in admitting the police canine policy and evidence of subsequent bad acts, and that the jury instructions were adequate.
• Edelberg v. The Ill. Racing Bd.
  540 F.2d 279· 7th Cir.· 1976-08-09 ·cited 13×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the Illinois Racing Board Rule 317c, which provides for the automatic withholding and redistribution of purse money when a winning horse is found to be drugged, does not violate the Due Process Clause because it establishes an objective condition precedent to
• Helfant v. Kugler
  500 F.2d 1188· 3d Cir.· 1974-07-08 ·cited 13×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The dissenting judge argues that federal courts should not interfere in ongoing state criminal proceedings absent bad faith, harassment, or truly extraordinary circumstances, which are not present here.
• United States ex rel. David Tyrrell v. Speaker
  471 F.2d 1197· 3d Cir.· 1973-01-03 ·cited 13×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the plaintiff's allegations, even if inartfully pleaded, were sufficient to withstand a motion to dismiss and required further factual development, thus reversing the grant of summary judgment.
• Bass v. Franklin Cnty. Sheriff's Off.
  N.D. Fla.· 2026-01-08 ·cited 12×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court recommended dismissal of the case because the plaintiff failed to prosecute and comply with a court order.
• Hill v. Crosby
  437 F.3d 1084· 11th Cir.· 2006-01-24 ·cited 12×
  The Eleventh Circuit denied Hill's application for a stay of execution, holding that his § 1983 suit challenging lethal injection as cruel and unusual punishment was the functional equivalent of a successive habeas petition requiring prior court approval under 28 U.S.C. § 2244(b)
• Stowell v. Ives
  976 F.2d 65· 1st Cir.· 1992-09-28 ·cited 12×·via 42 U.S.C. § 1983 Cause Of Action
  A recipient of benefits under the Aid to Families with Dependent Children (AFDC) program cannot bring an action under 42 U.S.C. § 1983 to enforce the terms of 42 U.S.C. § 1396a(c)(1) because that statute obligates the federal Secretary, not the state, to take action.
• McKINNEY v. State of Okla.
  925 F.2d 363· 10th Cir.· 1991-02-08 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the district court properly dismissed the plaintiff's complaint under 28 U.S.C. § 1915(d) because the defendants were immune from suit and the claims lacked merit.