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

• Ireland v. Prummell
  53 F.4th 1274· 11th Cir.· 2022-11-14 ·cited 69×·via 42 U.S.C. § 1983 (Excessive Force)
  Thomas Ireland's father appealed the district court's grant of summary judgment dismissing his claims arising from his son's death following a violent altercation with corrections officers at the Charlotte County Jail on August 24, 2015. The Eleventh Circuit affirmed the dismissa
• Barton Protective Servs., Inc. v. Faber
  745 So. 2d 968· Fla. 4th DCA· 1999-07-21 ·cited 69×
  A shopping mall security company (Barton) was held liable under 42 U.S.C. § 1983 for false arrest as a willful participant in joint action with police officers who arrested two men without probable cause. The court affirmed the liability finding but reversed the trial court's app
• Conover v. Honorable Frank M. Montemuro, Jr.
  477 F.2d 1073· 3d Cir.· 1972-12-20 ·cited 69×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court reinstated prior panel opinions, excluding portions on judicial immunity in § 1983 injunctive relief suits, and declined to rule on the issue.
• Ybarra v. Reno Thunderbird Mobile Home Vill.
  723 F.2d 675· 9th Cir.· 1984-01-10 ·cited 68×
  A prosecutor is absolutely immune from damages liability under 42 U.S.C. § 1983 for authorizing the release of evidence, as this is considered a quasi-judicial act within the scope of their authority. A supervisor cannot be held liable for a subordinate's constitutional deprivati
• Parks v. Watson
  716 F.2d 646· 9th Cir.· 1983-09-22 ·cited 68×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that conditioning a street vacation on the dedication of unrelated geothermal wells without just compensation violates the Fifth Amendment's unconstitutional conditions doctrine and the Equal Protection Clause. However, the court reversed and remanded the procedura
• Meadows v. Lon Evans
  550 F.2d 345· 5th Cir.· 1977-04-08 ·cited 67×
  The court held that a federal civil rights action for damages under 42 U.S.C. § 1983 cannot be used to relitigate the voluntariness of a guilty plea that has already been affirmed on direct appeal and denied on collateral attack in state court. The exhaustion requirement of 28 U.
• Dominque v. Telb
  831 F.2d 673· 6th Cir.· 1987-10-23 ·cited 66×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court erred in placing the burden on the defendant to prove entitlement to qualified immunity and in treating the legal question of whether the law was clearly established as a material issue of fact.
• Marie Ellsworth & Paul Ellsworth v. City OF Racine
  774 F.2d 182· 7th Cir.· 1985-09-23 ·cited 66×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The plaintiff's admission that she told the officer it was unnecessary for him to stay precludes recovery on her Section 1983 claim.
• Gumz v. Morrissette
  772 F.2d 1395· 7th Cir.· 1985-09-05 ·cited 66×
  Excessive force claims during an arrest should be analyzed under the Fourth Amendment's objective reasonableness standard, not the Fourteenth Amendment's substantive due process, which lacks textual support and relies on subjective judicial feelings.
• Coyne-Delany Co., Inc. v. Cap. Dev. Bd. OF the State OF Ill.
  717 F.2d 385· 7th Cir.· 1983-09-12 ·cited 66×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  A district court's discretion to deny costs or damages on an injunction bond is not unlimited and requires more than just the absence of bad faith; a good reason must exist. Damages are generally limited to the bond amount unless bad faith is shown.
• Bonner v. Coughlin
  657 F.2d 931· 7th Cir.· 1981-08-20 ·cited 66×
  The court held that the district court erred in awarding a multiplier and excessive hours for attorneys' fees, but affirmed the grant of judgment notwithstanding the verdict for one defendant and the interest rate on the judgment.
• Winters v. Abe Lavine
  574 F.2d 46· 2d Cir.· 1978-01-16 ·cited 66×
  The court affirmed the district court's decision, holding that the plaintiff's claim for Christian Science nurse services was barred by res judicata and that abstention was appropriate for the practitioner services claim.
• Whitner v. Mrs. Frederick W. Davis
  410 F.2d 24· 9th Cir.· 1969-04-03 ·cited 66×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the district court erred in dismissing the action for failure to exhaust state remedies, as the Civil Rights Act does not always require such exhaustion, and the adequacy of the administrative remedy was not determined.
• Reuben Palmer v. City OF Chicago
  806 F.2d 1316· 7th Cir.· 1986-11-26 ·cited 65×
  An order to pay interim attorney's fees is appealable under the collateral order doctrine if the party ordered to pay faces irreparable harm from immediate payment that cannot be recovered if the order is later reversed.
• Rodgers v. Lincoln Towing Serv., Inc.
  771 F.2d 194· 7th Cir.· 1985-08-15 ·cited 65×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court affirmed the district court's dismissal of all claims and the assessment of Rule 11 sanctions, finding the plaintiff's allegations failed to state a claim upon which relief could be granted and that the attorneys' conduct warranted sanctions.
• Hobbs v. Mayor Ronnie Thompson
  448 F.2d 456· 5th Cir.· 1971-09-16 ·cited 65×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that recent Supreme Court decisions on federal intervention do not preclude federal consideration of First Amendment claims against municipal ordinances, especially when the challenge is to employment conditions and not a pending criminal prosecution.
• Fanchon Blake v. City OF LOS Angeles
  595 F.2d 1367· 9th Cir.· 1979-05-02 ·cited 64×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the district court erred in granting summary judgment, finding that appellants established a prima facie case of sex discrimination under Title VII and that the LAPD failed to demonstrate business necessity for its discriminatory employment practices.
• Erdmann v. Stevens
  458 F.2d 1205· 2d Cir.· 1972-04-12 ·cited 64×
  Federal courts should not intervene in state bar disciplinary proceedings unless there are exceptional circumstances like bad faith or irreparable harm not remediable in state court.
• Hanna v. Home Ins. Co.
  281 F.2d 298· 5th Cir.· 1960-06-30 ·cited 63×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The federal district court correctly dismissed the complaint for failure to state a claim within its jurisdiction, as it lacked the power to review or reverse state court judgments.
• Lester v. City OF Chicago
  830 F.2d 706· 7th Cir.· 1987-09-17 ·cited 62×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that excessive force claims are governed by the Fourth Amendment's objective reasonableness standard, not the Fourteenth Amendment's 'shocks the conscience' test. The court also held that sufficient evidence supported the jury's finding of probable cause for arrest
• Genus D. Ulmer v. Chancellor
  691 F.2d 209· 5th Cir.· 1982-11-08 ·cited 62×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the dismissal of the plaintiff's civil rights suit was improper because the record did not show that the plaintiff's request for writs to secure witnesses was evaluated, and the district court should have further considered exceptional circumstances for appoin
• McLAUGHLIN v. The City OF LaGRANGE
  662 F.2d 1385· 11th Cir.· 1981-12-07 ·cited 62×
  The court held that the denial of the appellants' motion for additional time to respond was not an abuse of discretion, and that summary judgment was proper as no genuine issue of material fact existed.
• Schnell v. City OF Chicago
  407 F.2d 1084· 7th Cir.· 1969-03-17 ·cited 62×
  The district court erred in dismissing the complaint for lack of jurisdiction and failure to state a claim under 42 U.S.C. § 1983.
• Collins v. Cundy
  603 F.2d 825· 10th Cir.· 1979-08-17 ·cited 61×
  Verbal harassment and denial of mailing a letter not concerning legal matters do not state a constitutional deprivation under 42 U.S.C. § 1983, and such claims are subject to dismissal as frivolous.
• Clutchette v. Procunier
  497 F.2d 809· 9th Cir.· 1974-04-25 ·cited 61×
  The court held that the majority's interpretation of Preiser v. Rodriguez regarding exhaustion of state remedies was too strict, and that the inmates' claims regarding the duration of their confinement necessitated exhaustion.
• Capoeman v. Amos Reed
  754 F.2d 1512· 9th Cir.· 1985-03-06 ·cited 60×
  The court held that the constitutional right to refuse a haircut on religious grounds was not clearly established at the time of the incident, entitling prison officials to qualified immunity from damages.
• Loudermill v. Cleveland Bd. OF Educ.
  721 F.2d 550· 6th Cir.· 1983-11-17 ·cited 60×
  The judge would affirm the district court's decision, finding that the appellants received minimal due process and that Donnelly was precluded from proceeding due to prior state court dismissals.
• Moss v. Hornig
  314 F.2d 89· 2d Cir.· 1963-01-18 ·cited 60×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the plaintiff failed to prove purposeful discrimination required for an equal protection claim under 42 U.S.C. § 1983, and thus, the district court did not err in entering summary judgment for the defendant.
• ST. Claire v. Cuyler
  634 F.2d 109· 3d Cir.· 1980-11-06 ·cited 59×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that prison officials' regulations prohibiting headwear in dining areas, requiring inmates to remove headwear before passing security gates, and denying escorts for segregated inmates to religious services were justified by legitimate penological interests in secur
• Carter v. Lowell D. Hewitt
  617 F.2d 961· 3d Cir.· 1980-02-27 ·cited 58×
  The admission of a letter, written six months after the alleged incident, as evidence of a conspiracy to fabricate brutality charges was reversible error because its context and admissibility were not properly established.
• Prebble v. Brodrick
  535 F.2d 605· 10th Cir.· 1976-05-10 ·cited 58×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that the plaintiff's claims against the University were barred by sovereign immunity, the Trustees were properly granted a directed verdict, and the jury instructions and verdict form were not prejudicial, thus affirming the trial court's judgment.
• Moreno v. Henckel
  431 F.2d 1299· 5th Cir.· 1970-09-23 ·cited 58×
  A federal court cannot abstain from hearing a civil rights case solely because a state remedy is available; the federal remedy under Section 1983 is supplementary and does not require exhaustion of state judicial or administrative remedies.
• Yatvin v. Madison Metro. Sch. Dist.
  840 F.2d 412· 7th Cir.· 1988-02-05 ·cited 57×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that retaliation for filing sex discrimination charges is not sex discrimination, nor does it automatically violate the First Amendment, and that a contingent expectation under an affirmative action plan does not constitute a constitutional property right.
• Thibodeaux v. Bordelon
  740 F.2d 329· 5th Cir.· 1984-08-16 ·cited 57×
  A pretrial detainee's claim of injury due to negligent supervision by jail officials does not state a constitutional violation under 42 U.S.C. § 1983 if adequate post-deprivation state tort remedies are available.
• Landrum v. Moats
  576 F.2d 1320· 8th Cir.· 1978-05-30 ·cited 57×
  The court held that while the officers' use of deadly force was excessive as a matter of law, their good faith defense presented a jury question, precluding judgment notwithstanding the verdict. However, the jury instructions failed to properly address the good faith defense rega
• Rosenberg v. Martin
  478 F.2d 520· 2d Cir.· 1973-04-27 ·cited 57×
  The court held that the plaintiff's claim for prejudicial publicity was barred by issue preclusion from prior proceedings, and his assault claim was time-barred due to the statute of limitations not relating back to the original pleading.
• Myrick v. Fulton Cnty.
  69 F.4th 1277· 11th Cir.· 2023-06-07 ·cited 56×·via 42 U.S.C. § 1983 (Excessive Force)
  Antonio May died in Fulton County Jail on September 11, 2018, following an altercation with officers during which he was restrained and subjected to physical force while experiencing acute methamphetamine intoxication and psychological distress. The Eleventh Circuit affirmed the
• Hayes v. Walker
  555 F.2d 625· 7th Cir.· 1977-05-23 ·cited 56×
  The court held that a prisoner's due process rights were violated by the denial of witnesses without sufficient justification and by the failure to provide adequate reasons for disciplinary action.
• DOE v. Pringle
  550 F.2d 596· 10th Cir.· 1976-11-29 ·cited 56×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
• City OF Milwaukee v. Saxbe
  546 F.2d 693· 7th Cir.· 1976-11-12 ·cited 56×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the City of Milwaukee lacked standing to sue the Attorney General for discriminatory enforcement of civil rights laws and that the district court erred in finding subject matter jurisdiction under 28 U.S.C. § 1361.
• Francis v. Lyman
  216 F.2d 583· 1st Cir.· 1954-11-09 ·cited 56×·via Civil Rights Act (42 U.S.C. § 1983)
  Public officials, including institutional superintendents, are not liable under the Civil Rights Act for actions taken in good faith reliance on a facially valid judicial commitment order, absent express legislative intent to abrogate established privileges.
• Johnson v. Selma Wells
  566 F.2d 1016· 5th Cir.· 1978-01-30 ·cited 55×
  A prisoner's conclusory allegations of arbitrary parole denial are insufficient to state a claim under 42 U.S.C. § 1983 without specific factual averments. Parole officials are also immune from damages.
• Meadows v. Lon Evans
  529 F.2d 385· 5th Cir.· 1976-03-25 ·cited 55×
• DeWITT v. Officer R. F. Pail
  366 F.2d 682· 9th Cir.· 1966-09-08 ·cited 55×
  A prisoner's civil rights complaint alleging that prison officials confiscated legal papers necessary for his appeal, thereby frustrating his access to the courts, states a claim for damages under 42 U.S.C. § 1983.
• Powell v. Snook
  25 F.4th 912· 11th Cir.· 2022-02-08 ·cited 54×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officer was entitled to qualified immunity because the law was not clearly established that he violated the Fourth Amendment by using deadly force without a warning in these specific circumstances.
• Voutour v. Vitale
  761 F.2d 812· 1st Cir.· 1985-03-29 ·cited 54×
  The court held that genuine issues of material fact existed regarding the liability of Chief Forni and the Town of Saugus under 42 U.S.C. § 1983, precluding summary judgment.
• Garrity v. Sununu
  752 F.2d 727· 1st Cir.· 1984-12-27 ·cited 54×
  The court held that attorneys' fees could not be awarded for claims brought solely under the Education for All Handicapped Children Act (EAHCA) or its state counterpart, as these statutes lack fee-shifting provisions and are not covered by other fee-entitling statutes like Sectio
• RAY v. Robinson
  640 F.2d 474· 3d Cir.· 1981-02-09 ·cited 54×
  The court held that an order denying a motion for appointment of counsel in a civil rights action is appealable under the collateral order doctrine, and that the district court erred by believing it lacked discretion to appoint counsel.
• Boothe v. Hammock
  605 F.2d 661· 2d Cir.· 1979-09-14 ·cited 54×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that New York's parole statutes do not create a protectible expectation of parole under the Due Process Clause, as interpreted by Greenholtz v. Inmates of the Nebraska Penal & Correctional Complex.
• Lindsey v. Dayton-Hudson Corp.
  592 F.2d 1118· 10th Cir.· 1979-02-05 ·cited 54×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the plaintiff's claims for false imprisonment, assault and battery, and slander were barred by the statute of limitations because the summons was not issued within the one-year period, and the malicious prosecution claim failed for lack of evidence that the de