42 U.S.C. § 1983 Claim

3,807 Florida cases classified under this topic, plus 3,026 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Bonner v. City OF Prichard
  661 F.2d 1206· 11th Cir.· 1981-11-03 ·cited 7428×·via 42 U.S.C. § 1983 Action
  The Eleventh Circuit adopts the precedent of the former Fifth Circuit as binding law for the new circuit, and reverses the dismissal of a prisoner's civil rights claim, finding the grounds for dismissal inadequate.
• Australia Johnson v. Glick
  481 F.2d 1028· 2d Cir.· 1973-06-29 ·cited 547×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that a single, isolated incident of alleged unnecessary force by a prison guard does not rise to the level of a constitutional deprivation actionable under 42 U.S.C. § 1983.
• Darring v. Kincheloe
  783 F.2d 874· 9th Cir.· 1986-02-24 ·cited 289×·via 42 U.S.C. § 1983 Action
  The court held that the inmate's claims for injunctive relief and damages were properly dismissed because they were moot or failed to satisfy the 'case or controversy' requirement of Article III.
• Marsh v. Butler Cnty.
  268 F.3d 1014· 11th Cir.· 2001-09-26 ·cited 287×
  The Eleventh Circuit reversed the district court's grant of qualified immunity to the Sheriff regarding the abandonment of Owens, finding that the allegations, when reasonably inferred, suggested the deputy acted pursuant to the Sheriff's custom or policy. However, the court affi
• Ancata v. Prison Health Servs., Inc.
  769 F.2d 700· 11th Cir.· 1985-08-26 ·cited 257×·via 42 U.S.C. § 1983 Claim For Deliberate Indifference To Serious Medical Needs
  The court held that the complaint sufficiently alleged a claim of deliberate indifference to serious medical needs against the medical defendants and that dismissal of claims against the non-medical defendants based solely on respondeat superior was improper, reversing the distri
• Hahn v. Sargent
  523 F.2d 461· 1st Cir.· 1975-09-18 ·cited 255×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the district court's dismissal of claims under 42 U.S.C. §§ 1983, 1985(2), 1985(3), and 1986, finding no genuine issue of material fact to defeat summary judgment.
• Eastway Constr. Corp. v. The City OF NEW York
  762 F.2d 243· 2d Cir.· 1985-05-21 ·cited 223×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court erred in denying the municipal defendants' motion for attorneys' fees incurred in defending against Eastway's civil rights claim, as the claim was unreasonable and groundless.
• Greenbriar, Ltd. v. City OF Alabaster
  881 F.2d 1570· 11th Cir.· 1989-09-01 ·cited 219×
  The court held that the City's denial of the rezoning request was not arbitrary and capricious, and therefore did not violate substantive due process. The decision was final and ripe for adjudication.
• Lewis v. Smith
  855 F.2d 736· 11th Cir.· 1988-09-19 ·cited 217×·via 42 U.S.C. § 1983 Liability
  The court held that prison officials were not entitled to qualified immunity and that a compensatory damage award for a procedural due process violation was appropriate.
• Ruiz v. Estelle
  679 F.2d 1115· 5th Cir.· 1982-06-23 ·cited 216×
  The court held that while the district court correctly found constitutional violations regarding cruel and unusual punishment and due process, some of its remedial measures were overly broad and improperly considered state law. The court affirmed the district court's findings on
• Jones v. Diamond
  636 F.2d 1364· 5th Cir.· 1981-01-29 ·cited 208×
  The court held that the district court's grant of injunctive relief was appropriate, and that while circumstances had changed, the record did not show a total change warranting dismissal or reversal of the relief.
• Familias Unidas v. Dolph Briscoe
  619 F.2d 391· 5th Cir.· 1980-06-18 ·cited 206×·via 42 U.S.C. § 1983 Action
  The court held that Texas Education Code § 4.28 is facially unconstitutional because it sweeps too broadly and infringes upon First Amendment rights of association and privacy. While actual damages were not proven, nominal damages are awarded for the infringement.
• Dr. Robert E. Whiting, Ph.D. v. Jackson State Univ. & John A. Peoples
  616 F.2d 116· 5th Cir.· 1980-04-28 ·cited 203×·via Violation Of 42 U.S.C. § 1983
  The court held that sufficient evidence supported the jury's finding of racial discrimination, affirming the award of back pay, interest, and costs, but remanded the attorney fee award for lack of articulated reasoning.
• Fidel Ramos v. The Honorable Richard D. Lamm
  639 F.2d 559· 10th Cir.· 1980-09-25 ·cited 201×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court denied petitions for rehearing and a suggestion for rehearing en banc, modifying its prior opinion to remove reliance on disputed stipulations. The court also awarded plaintiffs 75% of their costs.
• Charles v. Shillingford
  634 F.2d 263· 5th Cir.· 1981-01-15 ·cited 188×·via Violation Of 42 U.S.C. § 1983
  Physical abuse by a state officer that is sufficiently severe, disproportionate to the need, and inspired by malice constitutes a deprivation of constitutional rights actionable under 42 U.S.C. § 1983.
• Iberia Hampton v. Hanrahan
  600 F.2d 600· 7th Cir.· 1979-04-23 ·cited 187×
  The court holds that a jury could sustain a verdict for plaintiffs on one or more theories of liability, but recovery for damages from the raid requires the unlawful raid or excessive force to be within the objects of a conspiracy. Damages for reputational injury alone are not re
• Millard McKINNEY v. Pate
  20 F.3d 1550· 11th Cir.· 1994-05-05 ·cited 186×·via 42 U.S.C. § 1983 Liability
  The Eleventh Circuit held that a government employee with a state-created property interest in employment who alleges pretextual termination states only a procedural due process claim, not a substantive due process claim, under the Fourteenth Amendment. The court overruled ten ye
• Gilmere v. City OF Atlanta
  774 F.2d 1495· 11th Cir.· 1985-10-15 ·cited 178×
  The existence of a state statute providing redress does not automatically insulate a wrongdoer from a federal § 1983 claim if the state remedy is not adequate in fact.
• Knighton v. Watkins
  616 F.2d 795· 5th Cir.· 1980-05-07 ·cited 174×·via 42 U.S.C. § 1983 Civil Rights Claim
  Attorney's fees were warranted under 42 U.S.C. § 1988, but the trial court's award was inadequate and improperly calculated. The court vacated the award and remanded for redetermination.
• Rich v. Dollar
  841 F.2d 1558· 11th Cir.· 1988-04-15 ·cited 170×
  The denial of a claim of qualified immunity is an appealable final decision if it turns on an issue of law, and the court held that the defendant investigator was entitled to qualified immunity as a matter of law.
• Oather Jefferson Samples and Barbara Jackson v. City OF Atlanta & Officer J.M. Oglesby
  846 F.2d 1328· 11th Cir.· 1988-06-13 ·cited 166×·via 42 U.S.C. § 1983 (Excessive Force)
  Summary judgment was inappropriate because genuine issues of material fact exist regarding whether the officer used excessive force and whether the city maintained a policy or custom that led to the constitutional violation.
• Piazza v. Jefferson Cnty.
  923 F.3d 947· 11th Cir.· 2019-05-09 ·cited 164×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the second tasing of an incapacitated detainee constituted excessive force violating clearly established law, but supervisory liability claims failed due to lack of evidence of a policy or custom based on multiple incidents.
• Harkless v. The Sweeny Indep. Sch. Dist.
  427 F.2d 319· 5th Cir.· 1970-06-02 ·cited 163×·via 42 U.S.C. § 1983 Claim For Violation Of Fourteenth Amendment Rights
• United States v. The City OF Miami
  664 F.2d 435· 5th Cir.· 1981-12-03 ·cited 162×·via Discrimination Under 42 U.S.C. § 1983
  The appellate court affirmed the district court's approval of a consent decree designed to remedy past discrimination in the Miami Police Department. The court held that the decree did not abridge the collective bargaining rights of the police unions, as the unions failed to demo
• Focus ON THE Family v. Pinellas Suncoast Transit Auth.
  344 F.3d 1263· 11th Cir.· 2003-09-09 ·cited 150×·via 42 U.S.C. § 1983 Liability
  Focus on the Family challenged a contract between the Pinellas Suncoast Transit Authority (PSTA) and Eller Media that allegedly barred Focus from advertising its "Love Won Out" conference on bus shelters in Pinellas County, Florida. The district court granted summary judgment for
• Barfield v. Brierton
  883 F.2d 923· 11th Cir.· 1989-09-15 ·cited 150×
  The court held that genuine issues of material fact existed regarding the plaintiff's liberty interest as a youthful offender and his access to courts and medical treatment, thus reversing the grant of summary judgment.
• Oliveri v. Thompson
  803 F.2d 1265· 2d Cir.· 1986-10-15 ·cited 150×
  The court held that sanctions under 28 U.S.C. § 1927 require a finding of subjective bad faith, while Rule 11 sanctions can be imposed for signing papers that are not well-grounded in fact or law after reasonable inquiry, or are filed for an improper purpose.
• LEE v. Russell Cnty. Bd. OF Educ.
  684 F.2d 769· 11th Cir.· 1982-09-01 ·cited 147×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court applied an incorrect legal analysis and made inadequate findings of fact, requiring remand for further consideration of the evidence.
• Paez v. Mulvey
  915 F.3d 1276· 11th Cir.· 2019-02-08 ·cited 146×
  The court held that even if exculpatory information had been included in the probable cause affidavits, there would still have been probable cause to believe the officers engaged in a scheme to defraud, thus no constitutional error occurred and the officers are entitled to qualif
• Bell v. City OF Milwaukee
  746 F.2d 1205· 7th Cir.· 1984-09-04 ·cited 145×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court properly admitted evidence of a conspiracy to conceal the truth and that certain civil rights claims were not time-barred.
• Hoptowit v. Dixy Lee RAY
  682 F.2d 1237· 9th Cir.· 1982-02-16 ·cited 143×
  The district court exceeded its equitable power by mandating specific programs to address racism, guard behavior, and prisoner classification, rather than issuing a general order to reduce prison violence.
• United States ex rel. Luther Miller v. Twomey
  479 F.2d 701· 7th Cir.· 1973-05-16 ·cited 141×
  The dissenting judge would reverse the dismissal of claims alleging cruel and unusual punishment due to reckless endangerment and apply the full procedural safeguards of Morrissey v. Brewer to parole and good time revocation proceedings.
• Columbus Brown v. Crawford
  906 F.2d 667· 11th Cir.· 1990-07-24 ·cited 139×
  The district court erred in failing to construe the pro se complaint liberally to include a claim against Crawford in his official capacity.
• Fils v. City OF Aventura
  647 F.3d 1272· 11th Cir.· 2011-07-28 ·cited 138×·via 42 U.S.C. § 1983 (Excessive Force)
  Cindy Fils and Nemours Maurice sued police officers under 42 U.S.C. § 1983 for excessive force after being tased and arrested outside a nightclub in Aventura, Florida on August 23, 2003. The district court denied the officers' motions for summary judgment based on qualified immun
• Milo John Munson v. Friske
  754 F.2d 683· 7th Cir.· 1985-01-29 ·cited 138×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to raise genuine issues of material fact regarding his claims of retaliation, due process violations, and class-based discrimination, thus affirming the grant of summary judgment.
• Emile Powe v. Miles
  407 F.2d 73· 2d Cir.· 1968-12-23 ·cited 138×·via Violation Of 42 U.S.C. § 1983
  The court held that the regulation of demonstrations and discipline of students in the New York State College of Ceramics constitutes state action because the State has willed it so, making the college an integral part of the State University.
• Dewitt Owens v. Haas
  601 F.2d 1242· 2d Cir.· 1979-07-09 ·cited 136×·via 42 U.S.C. § 1983 Liability For Municipalities
  The court held that the plaintiff should be allowed limited discovery and an opportunity to amend his complaint to state a claim for "deliberate indifference" against the county under 42 U.S.C. § 1983, and that his breach of contract claim as a third-party beneficiary should be r
• Bannum, Inc. v. City OF Fort Lauderdale
  901 F.2d 989· 11th Cir.· 1990-05-21 ·cited 133×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in granting summary judgment to the City of Fort Lauderdale on immunity grounds, vacating the judgment and remanding for consideration of constitutional issues and pendent state claims.
• Nilsen v. The City OF Moss Point
  701 F.2d 556· 5th Cir.· 1983-04-01 ·cited 132×
  The court held that the doctrine of res judicata should not bar a plaintiff's constitutional claim when the district court denied her motion to amend her original complaint to include that claim.
• Archie v. City OF Racine
  847 F.2d 1211· 7th Cir.· 1988-05-23 ·cited 131×
  The dissenting judges argue that the defendant's actions, in failing to dispatch an ambulance and advising against seeking other medical help, constituted gross negligence or reckless indifference, making it actionable under 42 U.S.C. § 1983.
• Mandel v. John DOE (name unknown
  888 F.2d 783· 11th Cir.· 1989-11-17 ·cited 130×·via 42 U.S.C. § 1983 Action
  The court held that the district court correctly denied the County's motions for directed verdict and judgment notwithstanding the verdict on the issue of deliberate indifference, and affirmed the judgment.
• Myers v. Morris
  810 F.2d 1437· 8th Cir.· 1987-02-03 ·cited 130×
  The court holds that the prosecutor's actions in handling child abuse cases are protected, despite concerns about the dismissal of charges and the handling of evidence.
• Tomas Menchaca and wife v. Chrysler Credit Corp.
  613 F.2d 507· 5th Cir.· 1980-03-07 ·cited 130×
  The dissenting judge would reverse the district court's dismissal and remand for trial, arguing that the jurisdictional issue was factually intertwined with the merits and should not have been decided summarily.
• Jones v. Diamond
  519 F.2d 1090· 5th Cir.· 1975-09-26 ·cited 128×
  The court held that an order denying class certification is appealable under 28 U.S.C. § 1292(a)(1) if the denial effectively prevents broad injunctive relief sought as the primary purpose of the suit. It also held that the district court abused its discretion by denying class ce
• Hernandez v. City OF Lafayette
  643 F.2d 1188· 5th Cir.· 1981-05-01 ·cited 126×·via 42 U.S.C. § 1983 Action
  Local legislators are entitled to absolute immunity under § 1983 for conduct in furtherance of their legislative duties, but municipalities are not entitled to legislative immunity from damages for uncompensated takings of private property through zoning regulations.
• Bonner v. Coughlin
  545 F.2d 565· 7th Cir.· 1976-10-28 ·cited 125×
  The court held that the negligence of prison guards causing the loss of a prisoner's transcript was not a state deprivation of property without due process of law under the Fourteenth Amendment, nor was it action 'under color of state law' for purposes of Section 1983.
• Bennett v. City OF Slidell
  728 F.2d 762· 5th Cir.· 1984-04-02 ·cited 124×
  The court held that a municipality can be held liable under section 1983 for the unconstitutional actions of an appointed official if that official's acts represent official policy, even if the municipality's written policies are facially constitutional.
• Executive 100, Inc. v. Martin Cnty.
  922 F.2d 1536· 11th Cir.· 1991-02-07 ·cited 123×·via Violation Of 42 U.S.C. § 1983
  The court held that due process takings and just compensation claims are not ripe until a final decision on development and pursuit of compensation is made, but equal protection, arbitrary and capricious due process, and tortious interference claims may proceed.
• VON Stein v. Brescher
  904 F.2d 572· 11th Cir.· 1990-06-27 ·cited 121×·via Section 1983
  The court held that the officers were entitled to qualified immunity for the arrest because arguable probable cause existed, and that the plaintiff's defamation claim under Section 1983 failed because it did not allege the deprivation of a tangible interest beyond reputation.
• Cleo R. Herrera v. Valentine
  653 F.2d 1220· 8th Cir.· 1981-07-13 ·cited 120×·via 42 U.S.C. § 1983 Liability
  The court held that a jury may award damages for the violation of substantive constitutional rights independent of actual physical or emotional injury, and that the $300,000 verdict was not excessive.