42 U.S.C. § 1983 Civil Rights Claim

229 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Eddy v. City of Miami
  715 F. Supp. 1553· S.D. Fla.· 1989-05-16 ·cited 20×
  The court held that claims against Mayor Suarez and the Police Department were properly dismissed, but claims against the City of Miami and Chief Anderson could proceed. State law claims were dismissed for insufficient notice.
• Arlen Yalkut v. Augie Gemignani and Myron Gold
  873 F.2d 31· 2d Cir.· 1989-04-18 ·cited 20×
  Federal agents are immune from state law tort claims under the Federal Employees Liability Reform and Tort Compensation Act and from federal civil rights claims because no clearly established constitutional right was violated.
• Curl v. Reavis
  740 F.2d 1323· 4th Cir.· 1984-08-01 ·cited 20×
  The court held that a deputy sheriff can be an employee under Title VII, and that a plaintiff who accepted one denied position did not waive her right to be instated in another denied position based on a separate violation.
• Shadis v. Beal
  685 F.2d 824· 3d Cir.· 1982-07-20 ·cited 20×
  Contractual provisions prohibiting legal aid organizations from requesting or accepting attorneys' fees in suits against the Commonwealth are void as contrary to the public policy underlying the Civil Rights Attorney Fees Awards Act.
• Murray v. W. Baton Rouge Parish Sch. Bd.
  472 F.2d 438· 5th Cir.· 1973-01-19 ·cited 20×
  The court held that the Louisiana public school disciplinary statutes, school rules, and psychological testing practices did not violate the students' constitutional rights.
• Reed v. Sharon Mims & the AeroThrust Corp. of Miami
  711 So. 2d 169· Fla. 3d DCA· 1998-05-13 ·cited 19×
  An indigent prisoner's civil complaint was dismissed under Florida's 1996 anti-frivolous lawsuit statute (§ 57.085). The court reversed dismissal of the fraud count against one defendant, allowing amendment, while affirming dismissal of defamation and civil rights claims.
• Walker v. A.L. Lockhart
  726 F.2d 1238· 8th Cir.· 1984-01-18 ·cited 19×
  The court, sitting en banc, granted a petition for recall of mandate and remanded the case to the district court to take evidence on new factual issues. These issues include testimony from Russell Kumpe and his former wife regarding Kumpe's alleged firing of a gun, and the admiss
• Cannon v. Breed
  565 F.2d 1096· 9th Cir.· 1977-12-06 ·cited 18×
  The court held that it lacked jurisdiction to review the dismissal of an alleged class action where the individual claim of the class representative had become moot and the class had not been properly certified by the district court.
• Lilly Mae Onie Lee Whitelaw Hilliard v. Williams
  465 F.2d 1212· 6th Cir.· 1972-06-28 ·cited 18×
  A prosecuting attorney is not absolutely immune from civil liability for acts outside his quasi-judicial capacity, such as deliberate suppression of exculpatory evidence.
• Accardi v. United States
  435 F.2d 1239· 3d Cir.· 1970-12-28 ·cited 18×
  The court affirmed the dismissal of the complaint, holding that while the appellant's insanity might toll the New Jersey statute of limitations for Section 1983 claims, the United States is not a 'person' under Section 1983, and other claims were barred by statutes of limitations
• Branch v. Lt. Randall A. Martin
  886 F.2d 1043· 8th Cir.· 1989-10-04 ·cited 17×
  The court held that the district court failed to conduct the required de novo review of the magistrate's findings because it did not review the evidentiary hearing transcript or tape recording.
• McEWEN v. The City OF Norman
  926 F.2d 1539· 10th Cir.· 1991-03-01 ·cited 16×
  The court held that the plaintiff failed to preserve most issues for appeal due to lack of contemporaneous objections at trial, and that the admitted evidence and jury instructions did not constitute plain error.
• Mylett v. L.M. Jeane
  879 F.2d 1272· 5th Cir.· 1989-08-11 ·cited 16×
  The court affirmed the denial of the motion for a new trial and the dismissal of defendant Adams, but remanded for clarification regarding the award of attorneys' fees.
• Davis OIL Co. v. Mills
  873 F.2d 774· 5th Cir.· 1989-05-15 ·cited 16×
  The court held that a foreclosing mortgagee acting under Louisiana's foreclosure procedures, which allow for the extinguishment of subordinate interests without actual notice to the holder of that interest, can be considered a state actor for Due Process Clause purposes, and that
• Hines v. Sgt. William Boothe
  841 F.2d 623· 5th Cir.· 1988-04-06 ·cited 16×
  The court held that negligence in losing legal mail does not state a claim under 42 U.S.C. § 1983, and alleged physical abuse by prison guards did not rise to the level of a constitutional claim.
• Imam ALI Abdullah Akbar v. Canney
  634 F.2d 339· 6th Cir.· 1980-11-05 ·cited 16×
  Prison officials are not constitutionally required to change their records to reflect a prisoner's adopted name.
• Brown v. The City OF Palmetto
  681 F.2d 1325· 11th Cir.· 1982-08-02 ·cited 15×
  The court held that a motion for attorney's fees under 42 U.S.C. § 1988 was timely filed, but the denial of fees for the appeal was an abuse of discretion.
• The Florida BAR v. Kelsay Dayon Patterson
  257 So. 3d 56· Fla.· 2018-10-19 ·cited 14×
  The Florida Supreme Court reviewed a disciplinary case against attorney Kelsay Dayon Patterson, who represented a client in litigation against the City of Homestead. The Court found Patterson guilty of violating multiple Bar Rules, including conflict of interest, impugning judici
• 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.
• Graves v. Ennis J. Olgiati
  550 F.2d 1327· 2d Cir.· 1977-03-07 ·cited 14×
  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.
• Blue Martini Kendall, LLC v. Miami Dade Cnty. Fla.
  816 F.3d 1343· 11th Cir.· 2016-03-17 ·cited 13×
  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
• Webster v. Sowders
  846 F.2d 1032· 6th Cir.· 1988-05-18 ·cited 13×
  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.
• Iacobucci v. City OF Newport
  785 F.2d 1354· 6th Cir.· 1986-03-20 ·cited 13×
  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.
• Herrick v. Collins
  914 F.2d 228· 11th Cir.· 1990-10-11 ·cited 12×
  When a district court grants an in forma pauperis motion and requires a partial filing fee, it must issue the summons after the fee is paid, and should determine frivolousness before requiring payment.
• Jackson v. Ill. Prisoner Review Bd.
  856 F.2d 890· 7th Cir.· 1988-09-02 ·cited 12×
  The court held that fees for an unsuccessful, unrelated ex post facto claim are not compensable under 42 U.S.C. § 1988, and that a fee award must be reduced to reflect partial success on a related claim.
• Bolding v. Austin
  575 F.2d 461· 4th Cir.· 1978-04-26 ·cited 12×
  The court held that the complaint, which sought to have the federal district court assume supervision of the entire state prison system, failed to state a claim upon which relief could be granted and should have been dismissed.
• Yumich v. Cotter
  452 F.2d 59· 7th Cir.· 1971-10-13 ·cited 12×
  The dissenting judge would affirm the lower court's judgment, disagreeing with the majority's reversal.
• Jewel A. Houp v. The State OF Neb.
  427 F.2d 254· 8th Cir.· 1970-06-08 ·cited 12×
  The court held that a retrial after a mistrial declared due to manifest necessity, or when the defendant requests a new trial, does not violate the Double Jeopardy Clause.
• Kulick v. Pocono Downs Racing Ass'n
  816 F.2d 895· 3d Cir.· 1987-04-23 ·cited 11×
  A district court cannot use its factual findings from a preliminary injunction hearing regarding state action as conclusive for determining its own subject matter jurisdiction.
• Morello v. James
  810 F.2d 344· 2d Cir.· 1987-01-26 ·cited 11×
  The court held that a prisoner's claim of intentional obstruction of access to the courts, a substantive constitutional right, is actionable under 42 U.S.C. § 1983 and not barred by the Parratt v. Taylor rule, even if a state remedy exists.
• Cabrales v. Cnty. OF LOS Angeles
  935 F.2d 1050· 9th Cir.· 1991-06-07 ·cited 10×
  A prevailing party is entitled to attorney's fees for an unsuccessful stage of litigation if that stage was a necessary step toward the ultimate victory.
• Hernandez v. George
  793 F.2d 264· 10th Cir.· 1986-06-17 ·cited 10×
  The appellate court reversed a final judgment for the defendants, finding that the trial court erred in denying the plaintiffs' requested jury instruction regarding the truck driver's duty of care.
• Shanks v. City OF Dallas
  752 F.2d 1092· 5th Cir.· 1985-02-15 ·cited 10×
  The court held that an order denying class certification, even if based on lack of standing for injunctive relief, is not immediately appealable under 28 U.S.C. § 1292(a)(1) unless it has the practical effect of denying an injunction and causes serious, irreparable harm that can
• Johnson v. Stark
  717 F.2d 1550· 8th Cir.· 1983-10-03 ·cited 10×
  The court held that a pro se litigant's claims regarding denial of work release, time-served credit, and access to courts were frivolous and properly dismissed because they lacked factual support and did not allege deprivation of a constitutionally protected liberty interest.
• Donnie R. McCORMICK v. Ross
  506 F.2d 1205· 8th Cir.· 1974-11-25 ·cited 10×
  The court held that the plaintiff's conclusory allegations of information alteration were insufficient to create a genuine issue of fact, thus affirming the grant of summary judgment.
• Wromas v. Banker
  2023 WL 5745494· N.D. Fla.· 2025-07-01 ·cited 9×
  A pro se prisoner's failure to accurately disclose prior litigation history on a court-required complaint form, even if due to misunderstanding, warrants dismissal without prejudice as a malicious abuse of the judicial process.
• Jordan v. Miami-Dade Cnty.
  439 F. Supp. 2d 1237· S.D. Fla.· 2006-07-13 ·cited 8×
  The court held that the plaintiff failed to exhaust administrative remedies and improperly sued for mental and emotional injuries without alleging physical injury, requiring dismissal of the complaint.
• Soc'y OF Separationists, Inc. v. Herman
  939 F.2d 1207· 5th Cir.· 1991-08-28 ·cited 8×
  The court held that a generic objection to making any formal declaration of truthfulness, without specifying the objectionable element, does not constitutionally excuse a witness from taking an oath or affirmation.
• Leffler v. Meer
  936 F.2d 981· 7th Cir.· 1991-07-12 ·cited 8×
  The court held that the district court did not abuse its discretion in reducing the plaintiffs' attorney's fees and denying Rule 11 sanctions, but vacated and remanded the award of attorney's fees to the Commissioners.
• Davis v. Hon. Thomas C. Crush
  862 F.2d 84· 6th Cir.· 1988-11-23 ·cited 8×
  The court held that the district court abused its discretion in imposing Rule 11 sanctions because the plaintiffs' civil rights complaint did not necessarily reflect a lack of reasonable inquiry into the facts or law.
• Brown v. City of Clewiston
  644 F. Supp. 1417· S.D. Fla.· 1986-09-22 ·cited 8×
  The court held that Officer Perez was entitled to qualified immunity because the law regarding the use of deadly force against fleeing felons was not clearly established in 1979, and his actions did not violate clearly established constitutional or statutory law.
• Balark v. Curtin
  655 F.2d 798· 7th Cir.· 1981-07-31 ·cited 8×
  The court should reverse the denial of the motion to quash the garnishment summons based on the parties' stipulated agreement and Illinois public policy.
• State OF Mo. ex rel. Minnie E. T. Gore v. R. Dean Wochner, M.D.
  620 F.2d 183· 8th Cir.· 1980-04-15 ·cited 8×
  The court held that violations of state law or city regulations, without infringement of federally protected rights, do not state a claim under 42 U.S.C. § 1983.
• Ronnei v. Butler
  597 F.2d 564· 8th Cir.· 1979-05-15 ·cited 8×
  The court held that the inmate's complaint failed to state a claim for a violation of civil rights under 42 U.S.C. § 1983, as it alleged at most negligence and not a constitutional deprivation.
• Reddin v. Israel
  561 F.2d 715· 7th Cir.· 1977-09-02 ·cited 8×
  The court held that summary judgment was inappropriate because material issues of fact remained regarding whether the detainer deprived the prisoner of a protected liberty interest without due process.
• Lokey v. Richardson
  527 F.2d 949· 9th Cir.· 1975-12-09 ·cited 8×
  The court held that summary judgment was improper because the termination of a prisoner's minimum custody status, which resulted in significant deprivations, implicated a liberty interest protected by the Due Process Clause, requiring procedural safeguards.
• Woolsey v. Beto
  450 F.2d 321· 5th Cir.· 1971-10-28 ·cited 8×
• Luna v. City & Cnty. OF Denver
  948 F.2d 1144· 10th Cir.· 1991-11-01 ·cited 7×
  The court held that the trial court's finding of intentional discrimination based on national origin was not clearly erroneous, affirming the judgment for the plaintiff.
• Desio Rabal Pinto v. Universidad de Puerto RICO
  895 F.2d 18· 1st Cir.· 1990-01-29 ·cited 7×
  The court held that the University is an arm of the state protected by the Eleventh Amendment and that the plaintiff's late-filed arguments for reconsideration were properly denied.
• Natacha Jean-Francois v. The City of N. Miami
  S.D. Fla.· 2025-12-30 ·cited 6×
  The court granted the motion for reconsideration, finding that the prior dismissal of Title VII claims may have been based on a misapprehension of the statutory authority required to issue a Notice of Right to Sue against a governmental entity.