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

• Evans v. Buchanan
  256 F.2d 688· 3d Cir.· 1958-05-28 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The State Board of Education and Superintendent have the authority and duty to implement desegregation plans, and their fear of contempt due to local boards' non-compliance is not a valid defense.
• Thresa Williams and Jennie L. Richards v. Dalton
  231 F.2d 646· 6th Cir.· 1956-04-02 ·cited 6×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that federal courts should decline to entertain an action for declaratory relief under the Civil Rights Act when the plaintiff has not exhausted available state remedies, especially in cases involving potential friction between federal and state jurisdictions.
• Jackson v. Dixon
  2025 WL 1923126· N.D. Fla.· 2025-08-08 ·cited 5×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  A prisoner's failure to truthfully disclose prior litigation history on a court form constitutes an abuse of the judicial process, warranting dismissal of the complaint.
• Warren v. DeSantis
  90 F.4th 1115· 11th Cir.· 2024-01-11 ·cited 5×
  Florida Governor Ron DeSantis violated the First Amendment by suspending elected state attorney Andrew Warren in retaliation for Warren's political advocacy, including his signing statements supporting abortion rights and transgender care rights, and for his status as a reform pr
• Cent. Fla. Invs., Inc. v. Orange Cnty. Code Enf't Bd.
  790 So. 2d 593· Fla. 5th DCA· 2001-08-03 ·cited 5×
  Central Florida Investments and affiliated entities appealed the dismissal of their lawsuit against Orange County for failure to exhaust administrative remedies before challenging the County's denial of their amendment request to operate motorized boats and jet skis on Big Sand L
• Nash v. Consol. City of Jacksonville
  895 F. Supp. 1536· M.D. Fla.· 1995-08-04 ·cited 5×
  The court held that the plaintiff established a prima facie case of disparate impact due to the City's history of discrimination, even though statistical evidence alone was insufficient. The court also found that the City failed to meet its burden of proving the challenged practi
• MEE v. Ortega
  967 F.2d 423· 10th Cir.· 1992-06-18 ·cited 5×
  Parole officers are entitled to qualified immunity, not absolute immunity, for decisions to detain parolees pending revocation hearings, and supervisors are not liable without a showing of personal involvement.
• Neal v. Kelly
  963 F.2d 453· D.C. Cir.· 1992-05-19 ·cited 5×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that a pro se prisoner must receive adequate notice before a court can treat a motion to dismiss as a motion for summary judgment, and that a verified complaint can serve as an affidavit in opposition to summary judgment.
• Morgan v. City OF Marmaduke
  958 F.2d 207· 8th Cir.· 1992-02-27 ·cited 5×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court did not err in excluding evidence of a prior incident involving Jetton and a motorcyclist, nor in its judgment for the City. However, the court reversed the judgment against Jetton, finding the admission of evidence regarding the Caraway inc
• Schowengerdt v. United States
  944 F.2d 483· 9th Cir.· 1991-09-06 ·cited 5×·via Civil Rights Claims Under 42 U.S.C. § 1983
  The court held that the plaintiff had no reasonable expectation of privacy in his office or credenza due to extreme workplace security measures, and his discharge from the Naval Reserve was not unconstitutional. The court affirmed the summary judgments.
• Weaver v. Univ. OF Cincinnati
  942 F.2d 1039· 6th Cir.· 1991-08-26 ·cited 5×
  The court held that the district court erred in denying a preliminary injunction because the agency shop fee collection scheme violated First Amendment rights under Hudson, and the issue was not moot despite subsequent renotification.
• Lemon v. Dugger
  931 F.2d 1465· 11th Cir.· 1991-05-24 ·cited 5×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that prison officials' claim of probable cause to read inmate legal mail did not override the inmate's constitutional right to have such mail unread, and that the trial court properly denied motions based on this claim.
• Am. Disposal Servs., Inc. v. O'Brien
  839 F.2d 84· 2d Cir.· 1988-02-09 ·cited 5×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court did not abuse its discretion in dismissing the federal civil rights action based on abstention principles under Colorado River due to parallel state court proceedings.
• Bartolo Gomez Sr Parent/Prsnl Rep of Estate of Bartolo Gomez, Jr. v. Whitney
  757 F.2d 1005· 9th Cir.· 1985-04-09 ·cited 5×
  The court held that an inadequate police investigation, without the deprivation of another recognized constitutional right, does not state a cognizable claim under 42 U.S.C. § 1983.
• In re Tiana Queen Motel, Inc. v. Tiana Queen Motel, Inc.
  749 F.2d 146· 2d Cir.· 1984-11-29 ·cited 5×
  The court held that the bankruptcy court's conversion orders were proper and that the district court did not err in affirming them. The court also held that the mandamus petition should be remanded for further proceedings.
• Wing v. George Britton & the City of Springdale
  748 F.2d 494· 8th Cir.· 1984-11-26 ·cited 5×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury instructions regarding reasonable force and self-defense were proper, and that the district court correctly granted summary judgment for the city.
• Ellison v. Stephens
  581 F.2d 584· 6th Cir.· 1978-08-17 ·cited 5×
  A state Attorney General is immune from a civil rights suit under 42 U.S.C. § 1983 for raising the common law doctrine of sovereign immunity as a defense in a state court action.
• Escobar v. Crosby
  363 F. Supp. 2d 1361· S.D. Fla.· 2005-03-22 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a prisoner must exhaust available administrative remedies before filing a federal civil rights suit, and failure to do so mandates dismissal.
• Mark v. Clemons
  870 So. 2d 881· Fla. 1st DCA· 2004-03-16 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Violations
  Appellant obtained a judgment against two Game and Fresh Water Fish Commission officers for federal civil rights violations under 42 U.S.C. § 1983 and sought payment from Florida's State Risk Management Trust Fund. The trial court dismissed the claim based on an exclusion for int
• Pratus v. City OF Naples
  807 So. 2d 795· Fla. 2d DCA· 2002-02-22 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  Jeffrey and Carol Pratus appealed the dismissal of their civil rights complaint alleging that Naples police officers entered their home under false pretenses, conducted an illegal search, and violated their Fourth Amendment rights. The court affirmed dismissal as to certain defen
• Dolin v. West
  22 F. Supp. 2d 1343· M.D. Fla.· 1998-09-21 ·cited 4×
  The court held that defendants are entitled to immunity and that the plaintiff failed to state a claim upon which relief can be granted for both federal and state law causes of action.
• Senior v. Cristobal Reyes
  677 So. 2d 1293· Fla. 4th DCA· 1996-06-19 ·cited 4×
  Garcia appealed the dismissal of a count alleging violation of familial association rights under 42 U.S.C. § 1983 after he was arrested and imprisoned for thirty months based on an entrapment scheme. The Fourth DCA affirmed the dismissal, holding that Florida recognizes no cause
• Kane v. P.K. Hargis
  987 F.2d 1005· 4th Cir.· 1993-01-14 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court correctly denied summary judgment on the excessive force claim, finding the officer's conduct potentially violated clearly established law, and correctly granted summary judgment on the denial of medical treatment and malicious prosecution c
• Carter v. Thompson
  808 F. Supp. 1548· M.D. Fla.· 1992-12-16 ·cited 4×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  Summary judgment is granted for defendants on most claims, but denied on the claim that the plaintiff was denied a form to appeal his disciplinary confinement sentence, as a genuine issue of material fact exists.
• Click v. Harlon Copeland
  970 F.2d 106· 5th Cir.· 1992-09-01 ·cited 4×
  The court held that the sheriff was not entitled to qualified immunity because it was clearly established that retaliatory transfers for political activity violated the First Amendment, and there was sufficient evidence of causation to go to the jury.
• RUM Creek Coal Sales v. Caperton
  971 F.2d 1148· 4th Cir.· 1992-08-07 ·cited 4×
  The court held that West Virginia's Neutrality Statute, as interpreted and applied, was preempted by federal law because it impeded the federal purpose of protecting the free play of economic forces in labor disputes. The court also held that the district court's order regarding
• Hudson v. McMillian
  962 F.2d 522· 5th Cir.· 1992-06-10 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the force used against the prisoner was unnecessary, wanton, and applied maliciously and sadistically to cause harm, violating the Eighth Amendment.
• Bogan v. Stroud
  958 F.2d 180· 7th Cir.· 1992-03-18 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that defendants waived their right to appeal the jury's award of punitive damages without compensatory damages by failing to object to the jury instruction that permitted such an award.
• Spear v. Town OF W. Hartford
  954 F.2d 63· 2d Cir.· 1992-01-13 ·cited 4×
  Individual defendants acting in their official capacities to authorize a civil lawsuit are absolutely immune from liability under 42 U.S.C. § 1983, and a private entity does not act under color of state law merely by meeting with state actors.
• Cochrane v. Quattrocchi
  949 F.2d 11· 1st Cir.· 1991-11-15 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Violations
  A prison visitor's consent to a strip search is not legally cognizable if conditioned on the choice between the search and foregoing visitation, and the reasonableness of such a search is a question of fact for the jury.
• Claughton v. Donner
  771 F. Supp. 1200· S.D. Fla.· 1991-08-30 ·cited 4×
  The court held that it lacked subject matter jurisdiction and that the plaintiff failed to state a claim upon which relief could be granted, thus granting the motions to dismiss.
• Newcomb v. Ingle
  944 F.2d 1534· 10th Cir.· 1991-08-28 ·cited 4×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  Title III of the Omnibus Crime Control and Safe Streets Act does not apply to a custodial parent intercepting a minor child's telephone conversations within the family home, and a prosecutor is entitled to absolute immunity for prosecutorial decisions.
• California Men's Colony v. Rowland
  939 F.2d 854· 9th Cir.· 1991-07-29 ·cited 4×
  Associations are considered 'persons' under 28 U.S.C. § 1915(a) and may proceed in forma pauperis if they demonstrate indigency.
• Young v. Biggers
  938 F.2d 565· 5th Cir.· 1991-07-26 ·cited 4×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that claims against certain defendants were barred by immunity, while claims against police officers for alleged framing could proceed if specific facts were proven.
• Richards v. Bellmon
  941 F.2d 1015· 10th Cir.· 1991-07-19 ·cited 4×
  The court held that the district court erred in dismissing the complaint and that the case should be remanded for further proceedings consistent with supervening authority.
• Kirk v. Davis
  936 F.2d 971· 7th Cir.· 1991-07-11 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the evidence presented a jury question as to whether the defendants had reason to suspect the plaintiff's injuries were serious immediately after arrest and at the police station.
• Schneider v. TRW, Inc.
  938 F.2d 986· 9th Cir.· 1991-07-10 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Violations
  Summary judgment for the employer is affirmed because the employee failed to raise a triable issue of material fact regarding her claims, including that her layoff was due to a legitimate reduction in force and not discriminatory reasons.
• Mathis v. Hood
  937 F.2d 790· 2d Cir.· 1991-06-28 ·cited 4×
  The court affirmed the district court's grant of habeas relief, finding that the petitioner's appellate counsel had an actual conflict of interest that constituted a per se violation of the Sixth Amendment, making a showing of prejudice unnecessary.
• Porth v. Hal Farrier
  934 F.2d 154· 8th Cir.· 1991-05-22 ·cited 4×
  The court held that the jury instruction on the totality of the circumstances was proper, and the evidence did not compel a directed verdict for the inmate, affirming the jury's finding of no Eighth Amendment violation.
• Rountree v. Fairfax Cnty. Sch. Bd.
  933 F.2d 219· 4th Cir.· 1991-05-13 ·cited 4×
  The court held that the adoption of a merit pay system for teachers did not create a "new and distinct" contractual relationship actionable under 42 U.S.C. § 1981, and that the teachers failed to present sufficient evidence of discrimination.
• Johnson v. Moore
  926 F.2d 921· 9th Cir.· 1991-02-28 ·cited 4×
  The court held that while most of the prisoner's claims were meritless, the application of a 'publishers only' rule to softcover books warranted further review. The court also found that the prison's failure to provide free photocopying did not violate the prisoner's right of acc
• James A. Privitera, M.D. v. Cal. Bd. OF Med. Quality Assurance
  926 F.2d 890· 9th Cir.· 1991-02-25 ·cited 4×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the district court's stay order, which effectively denied a preliminary injunction, was immediately appealable and that the stay itself was improper as it did not meet the criteria for any established abstention doctrine. The court also found that the district
• Hiraldo-Cancel v. Aponte
  925 F.2d 10· 1st Cir.· 1991-02-04 ·cited 4×
  The court held that the district court did not err in denying judgment notwithstanding the verdict or in ordering reinstatement, as ample evidence supported the jury's finding of politically motivated dismissals and reinstatement was a proper equitable remedy.
• Henson-El v. D.C. Rogers
  923 F.2d 51· 5th Cir.· 1991-02-01 ·cited 4×
  The court held that the plaintiff's civil rights action was properly dismissed because the applicable statute of limitations had expired.
• Hatch v. Sharp
  919 F.2d 1266· 7th Cir.· 1990-12-11 ·cited 4×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that prohibiting inmates from playing the lottery is rationally related to legitimate penological interests and does not violate due process or equal protection.
• Patrick v. The City OF Detroit
  906 F.2d 1108· 6th Cir.· 1990-06-28 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that while the district court erred in limiting cross-examination on the extent of injuries, this error was relevant only to damages, not liability, and thus a new trial is required solely on the amount of compensatory damages.
• Brown v. Borough OF Chambersburg
  903 F.2d 274· 3d Cir.· 1990-05-21 ·cited 4×
  42 U.S.C. § 1988 does not authorize awards of attorney's fees against a plaintiff's attorney, but can be awarded against a plaintiff whose claim is found frivolous, unreasonable, or groundless.
• HAY v. The City OF Irving
  893 F.2d 796· 5th Cir.· 1990-02-08 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that while the jury's excessive force findings were supported by evidence, the conspiracy claim was improperly submitted, and damages for constitutional deprivation were impermissible.
• Miller v. Emery Leathers
  885 F.2d 151· 4th Cir.· 1989-09-12 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The dissenting judge believes a genuine issue of material fact exists regarding the use of force, precluding summary judgment.
• Bertold J. Pembaur, M.D. v. City OF Cincinnati
  882 F.2d 1101· 6th Cir.· 1989-08-18 ·cited 4×
  The court held that the trial judge's failure to adequately consider or explain findings regarding the plaintiff's stress-related injuries and business losses, and the lack of factual findings on causation, necessitated a remand for further proceedings.