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

• Quincy A. Williams v. Correctional Officer Radford
  64 F.4th 1185· 11th Cir.· 2023-04-04 ·cited 38×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The Eleventh Circuit held that the district court erred in granting summary judgment on two of the plaintiff's retaliation claims against Captain Scarpati, but affirmed summary judgment on the third retaliation claim.
• Johnson v. City of Miami Beach
  18 F.4th 1267· 11th Cir.· 2021-11-19 ·cited 38×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that a reasonable jury could find that Officer Aguila used excessive force and committed battery by forcibly striking an arrestee who was secured, not resisting, and not posing a threat, and thus summary judgment was improperly granted.
• Sureshbhai Patel v. City of Madison
  959 F.3d 1330· 11th Cir.· 2020-05-27 ·cited 38×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that genuine issues of material fact remain regarding whether Officer Parker used excessive force, precluding summary judgment based on qualified immunity.
• Brown v. Tex. A & M Univ.
  804 F.2d 327· 5th Cir.· 1986-11-17 ·cited 38×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the plaintiff failed to plead his procedural due process claim with sufficient particularity to overcome qualified immunity, but may replead a substantive due process claim for retaliation.
• Aristides Gonzalez v. Dep't OF the Army
  718 F.2d 926· 9th Cir.· 1983-10-17 ·cited 38×
  Title VII does not apply to uniformed members of the armed forces, and claims under 42 U.S.C. § 1981 by military personnel are generally unreviewable by civilian courts due to interference with military functions.
• Battle v. Park Anderson
  614 F.2d 251· 10th Cir.· 1980-01-21 ·cited 38×
  The court affirmed the district court's award of attorney fees under 42 U.S.C. § 1988, finding the attorney represented the prevailing party and the award was supported by substantial evidence. The court remanded for further findings regarding inmate access to courts.
• Francia v. White
  594 F.2d 778· 10th Cir.· 1979-03-14 ·cited 38×
  The court held that the trial court's award of attorneys' fees was insufficient and remanded for reconsideration, but affirmed the finding that plaintiffs were terminated in violation of their First and Fourteenth Amendment rights.
• Clark v. Lon Mann
  562 F.2d 1104· 8th Cir.· 1977-08-31 ·cited 38×
  The court held that the class of plaintiffs was limited as stipulated, the statute of limitations is three years, and while one plaintiff was discriminated against in promotion, the others failed to prove racial discrimination or due process violations in their terminations.
• Covington v. Cole
  528 F.2d 1365· 5th Cir.· 1976-03-22 ·cited 38×
  The majority held that the district court erred in summarily dismissing the pro se complaint and that the case must be remanded for further development.
• Hansen v. Ahlgrimm
  520 F.2d 768· 7th Cir.· 1975-07-08 ·cited 38×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that a private attorney prosecuting an order to show cause in state court is not acting under color of state law for purposes of a § 1983 claim, and declaratory relief against a judge requires a live case or controversy.
• Drexler v. Sw. Dubois Sch. Corp.
  504 F.2d 836· 7th Cir.· 1974-10-15 ·cited 38×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The dissenting judge believes the District Judge's decision should be affirmed.
• Cruz v. Lyman Cardwell
  486 F.2d 550· 8th Cir.· 1973-10-31 ·cited 38×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that the pro se complaint stated a claim for relief under 42 U.S.C. § 1983 and should not have been dismissed at the pleading stage.
• Abele v. Markle
  452 F.2d 1121· 2d Cir.· 1971-12-13 ·cited 38×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that non-pregnant women of child-bearing age lack standing to challenge the anti-abortion statutes, but physicians, nurses, and counselors do have standing. The district court erred in dismissing the case for lack of jurisdiction and should have convened a three-ju
• Nolan v. Fitzpatrick
  451 F.2d 545· 1st Cir.· 1971-11-04 ·cited 38×
  Prisoners retain a First Amendment right to send letters to the news media concerning prison matters, and a total ban on such correspondence is unconstitutional.
• Caulder v. Durham Hous. Auth.
  433 F.2d 998· 4th Cir.· 1970-11-06 ·cited 38×·via Civil Rights Claims Under 42 U.S.C. § 1983
  A tenant in federally assisted public housing is entitled to due process protections, including adequate notice and a meaningful hearing, before termination of her lease.
• Nat'l Land & Inv. Co. v. Arlen Specter
  428 F.2d 91· 3d Cir.· 1970-06-25 ·cited 38×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court affirmed the district court's order denying a preliminary injunction because the plaintiffs failed to establish the necessary prerequisites.
• Kerr v. City OF Chicago
  424 F.2d 1134· 7th Cir.· 1970-03-11 ·cited 38×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the district court erred in striking allegations and refusing evidence regarding the plaintiff's involuntary confession and illegal detention, and in refusing several jury instructions. However, the dismissal of the City of Chicago was affirmed.
• Kerr v. Enoch Pratt Free Library of Baltimore City
  149 F.2d 212· 4th Cir.· 1945-04-17 ·cited 38×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The Enoch Pratt Free Library, despite its private incorporation, functions as an instrumentality of the state due to extensive state control and funding, and therefore cannot discriminate based on race in its admissions to training programs.
• Morales v. Merritt Stierheim
  848 F.2d 1145· 11th Cir.· 1988-07-07 ·cited 37×
  The court held that while the employee's statements touched upon matters of public concern, the employer's interest in efficient public service and maintaining working relationships outweighed the employee's free speech rights, justifying the reassignment.
• Ipcia M. Kercado-Melendez v. Awilda Aponte-Roque
  829 F.2d 255· 1st Cir.· 1987-09-22 ·cited 37×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that the plaintiff was in the midst of administrative proceedings when she filed her federal suit, and thus should have exhausted state remedies before proceeding in federal court.
• Tierney v. City OF Toledo
  824 F.2d 1497· 6th Cir.· 1987-07-27 ·cited 37×
  A union's agency shop plan must provide constitutionally adequate procedures before non-members can be compelled to pay service fees, including advance reduction of potentially ideological expenses and an impartial arbitration process.
• Ill. Psychological Ass'n v. Falk
  818 F.2d 1337· 7th Cir.· 1987-05-12 ·cited 37×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the plaintiffs failed to demonstrate a sufficient likelihood of success on the merits to warrant a preliminary injunction against state regulation, and thus the denial of the injunction was proper.
• Berdin v. Duggan
  701 F.2d 909· 11th Cir.· 1983-04-01 ·cited 37×
  A public employee's speech concerning the condition of public services is constitutionally protected, and a mayor is not entitled to qualified immunity for firing an employee for such speech if the law was clearly established.
• Hesselgesser v. Reilly
  440 F.2d 901· 9th Cir.· 1971-04-08 ·cited 37×
  A sheriff is liable under 42 U.S.C. § 1983 for a deputy's civil rights violation if state law imposes such liability, even if the deputy has civil service status. The sheriff's statutory duty to operate the jail creates an exception to the rule limiting liability for civil servic
• Madison v. Purdy
  410 F.2d 99· 5th Cir.· 1969-04-21 ·cited 37×
  A prosecuting attorney is not immune from liability if he acts outside the scope of his jurisdiction or without legal authorization, particularly when allegations suggest conspiracy and malicious acts.
• High OL' Times, Inc. v. Busbee
  673 F.2d 1225· 11th Cir.· 1982-04-23 ·cited 36×
  The court held that the Georgia drug paraphernalia statutes were not unconstitutionally vague on their face because they provided adequate notice and could be constitutionally applied to certain items sold by the appellees. The possibility of arbitrary enforcement did not render
• Layne v. Vinzant
  657 F.2d 468· 1st Cir.· 1981-07-31 ·cited 36×
  The court held that the evidence did not support the jury's findings of deliberate indifference to serious medical needs or improper transfer, and that the plaintiff failed to prove supervisory liability or loss of legal materials.
• Marshall v. Kirkland
  602 F.2d 1282· 8th Cir.· 1979-08-01 ·cited 36×
  The court held that the district court did not err in finding that the school district successfully rebutted the presumption of racial discrimination for individual relief and did not err in finding no prima facie case of sex discrimination within the limitations period.
• Mortimer Goodman v. Parwatikar
  570 F.2d 801· 8th Cir.· 1978-02-17 ·cited 36×
  The court held that summary judgment was improperly granted because genuine disputes of material fact exist regarding the patient's voluntary status and the hospital's duty to provide a safe and humane environment.
• Rendell Noel Mabey, Jr. v. Reagan
  537 F.2d 1036· 9th Cir.· 1976-06-01 ·cited 36×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that overstaffing is not a basis for applying Article 7 layoff procedures and that mixed-motive terminations require inquiry into the decision-maker's motives.
• Flozell Jones v. Marshall
  528 F.2d 132· 2d Cir.· 1975-11-24 ·cited 36×
  A state's common law privilege for an officer using deadly force to arrest a fleeing felon does not shield the officer from a 42 U.S.C. § 1983 claim if the state law permits force that violates federal constitutional standards.
• Nguyen DA YEN v. Kissinger
  528 F.2d 1194· 9th Cir.· 1975-11-05 ·cited 36×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the district court had jurisdiction under the habeas corpus statute and that plaintiffs' attorneys must have access to children's records to determine claims of illegal detention.
• Harry H. and Thelma Gibbs v. Titelman
  502 F.2d 1107· 3d Cir.· 1974-08-01 ·cited 36×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that private self-help repossession of automobiles, even when permitted by state statute, does not constitute state action under the Fourteenth Amendment or 42 U.S.C. § 1983.
• Thistlethwaite v. The City OF NEW York
  497 F.2d 339· 2d Cir.· 1974-05-13 ·cited 36×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that a prior state court determination on the constitutionality of park regulations, arising from a criminal conviction for violating those regulations, has res judicata effect and bars a subsequent federal action under the Civil Rights Act seeking similar relief.
• Rodriguez v. McGINNIS
  456 F.2d 79· 2d Cir.· 1972-01-25 ·cited 36×·via Civil Rights Act (42 U.S.C. § 1983)
  The court affirmed the district court's orders releasing petitioners, holding that their claims for good behavior time credit were properly considered under the habeas corpus statute, which requires exhaustion of state remedies.
• Williams v. Dunbar
  377 F.2d 505· 9th Cir.· 1967-04-26 ·cited 36×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the appellant's claims for violation of due process in parole revocation procedures did not raise a federal question, and state law claims were also properly dismissed.
• Taylor v. Nichols
  558 F.2d 561· 10th Cir.· 1977-06-30 ·cited 35×
  A special prosecutor is entitled to the same absolute immunity as a state prosecutor, and county commissioners are entitled to qualified immunity if they act in good faith and within their discretion.
• Cook v. Whiteside
  505 F.2d 32· 5th Cir.· 1974-12-16 ·cited 35×
  The court held that the inmate's pro se complaint failed to state a claim upon which relief could be granted under 42 U.S.C.A. § 1983.
• Duke v. The State OF Tex.
  477 F.2d 244· 5th Cir.· 1973-04-20 ·cited 35×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  Federal injunctive relief against state judicial proceedings is not prohibited where state procedures are inadequate to protect federal rights and prevent irreparable harm.
• Reynaldo Huguet v. Barnett
  900 F.2d 838· 5th Cir.· 1990-05-11 ·cited 34×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court properly dismissed the inmate's Section 1983 excessive force claim under the Eighth Amendment standard, as the plaintiff failed to prove the necessary elements.
• Jones v. Bd. OF Police Comm'rs
  844 F.2d 500· 8th Cir.· 1988-04-01 ·cited 34×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the trial court did not abuse its discretion in denying a new trial, in its jury instructions, or in admitting evidence of the plaintiff's prior convictions for impeachment purposes.
• Darryl H. v. Coler
  801 F.2d 893· 7th Cir.· 1986-09-09 ·cited 34×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court affirmed the district court's denial of a preliminary injunction, holding that while DCFS physical examinations of children implicate Fourth Amendment concerns, a warrant or probable cause is not constitutionally required in this context due to the state's compelling in
• Joseph v. Patterson
  795 F.2d 549· 6th Cir.· 1986-07-02 ·cited 34×·via 42 U.S.C. § 1983 Civil Rights Violations
  Prosecutors are not absolutely immune for investigative or administrative acts, but are immune for actions directly related to initiating and presenting a criminal case. Investigators generally have qualified immunity.
• Brown v. Trench
  787 F.2d 167· 3d Cir.· 1986-04-07 ·cited 34×
  A public employee's First Amendment rights are not violated if their position requires party allegiance for effective performance, but a property interest in employment requires pre-termination due process, not just post-termination remedies, unless the deprivation is random and
• Edgardo A. Gonzalez, Jr. v. C.Y. Benavides, Jr.
  774 F.2d 1295· 5th Cir.· 1985-10-24 ·cited 34×
  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×
  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
• Sevier v. Turner
  742 F.2d 262· 6th Cir.· 1984-08-08 ·cited 34×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that federal abstention is not appropriate in this case, as the appellant alleged extraordinary circumstances involving federal constitutional violations.
• Strathie v. Dep't OF Transp.
  716 F.2d 227· 3d Cir.· 1983-09-08 ·cited 34×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  A handicapped individual is not 'otherwise qualified' if accommodation would require modification of the program's essential nature or impose an undue burden; the court must consider proposed accommodations.
• Moore v. State OF Fla. & Agents Ray Henderson
  703 F.2d 516· 11th Cir.· 1983-04-21 ·cited 34×
  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.
• Roberts v. Sgt. George Hollocher
  664 F.2d 200· 8th Cir.· 1981-11-24 ·cited 34×
  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