42 U.S.C. § 1983 Claim For Damages

77 Florida cases classified under this topic · sorted by citation count · browse and sort

• Luisa A. DE Abadia v. Hon. Luis Izquierdo Mora
  792 F.2d 1187· 1st Cir.· 1986-05-27 ·cited 97×
  Defendants are entitled to qualified immunity because they could have reasonably believed the law was not clearly established against their actions at the time of the demotion.
• Fulford v. Klein
  550 F.2d 342· 5th Cir.· 1977-04-08 ·cited 90×
• 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
• Wellman v. Faulkner
  715 F.2d 269· 7th Cir.· 1983-08-09 ·cited 63×
  The court held that the medical care at Michigan City prison was constitutionally inadequate due to deliberate indifference to serious medical needs, reversing and remanding for further relief. It affirmed the district court's findings on the totality of conditions and specific v
• Offet v. Solem
  823 F.2d 1256· 8th Cir.· 1987-07-13 ·cited 57×
  The dissent argues that the exhaustion requirement of 28 U.S.C. § 2254 does not apply to 42 U.S.C. § 1983 actions seeking monetary damages, even if the claim relates to the validity of good-time credit deprivation.
• Expert Elec., Inc. v. Levine
  554 F.2d 1227· 2d Cir.· 1977-05-12 ·cited 54×
• Coverdell v. The Dep't OF Soc. & Health Servs.
  834 F.2d 758· 9th Cir.· 1987-12-15 ·cited 50×
  Child protective services workers are entitled to absolute quasi-prosecutorial immunity for initiating and pursuing child dependency proceedings, and absolute quasi-judicial immunity for executing court orders in such matters. A claim for injunctive relief is moot if there is no
• Taylor v. Kavanagh
  640 F.2d 450· 2d Cir.· 1981-01-26 ·cited 48×
  A prosecutor's actions in plea bargaining are protected by absolute immunity under 42 U.S.C. § 1983, and damages cannot be recovered for harm resulting from such conduct.
• Corn v. City OF Lauderdale Lakes
  816 F.2d 1514· 11th Cir.· 1987-05-14 ·cited 42×
  The court held that the plaintiff's Section 1983 action for damages was ripe because Florida law does not provide an adequate state remedy for injuries caused by confiscatory zoning ordinances.
• Hoitt v. Vitek
  497 F.2d 598· 1st Cir.· 1974-05-16 ·cited 37×
  The court held that while indefinite lockups may violate constitutional rights, the warden's good-faith belief in an emergency, coupled with a lack of clear legal standards for such situations, justified dismissal of the prisoners' damage claims.
• Jones v. Bd. OF Police Comm'rs
  844 F.2d 500· 8th Cir.· 1988-04-01 ·cited 34×
  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.
• Kraus v. Cnty. OF Pierce
  793 F.2d 1105· 9th Cir.· 1986-07-08 ·cited 34×
  The court held that the deputies' actions constituted an arrest without probable cause, but the subsequent entry into the house was consensual and did not violate any rights.
• Hagee v. City OF Evanston
  729 F.2d 510· 7th Cir.· 1984-03-09 ·cited 34×
  The court held that the appellants' federal damages suit was barred by res judicata under Illinois law because the claims could have been raised in their prior state court action arising from the same set of facts.
• Serio v. Members OF La. State Bd. OF Pardons
  821 F.2d 1112· 5th Cir.· 1987-07-17 ·cited 32×
  Members of the Louisiana State Board of Pardons are absolutely immune from § 1983 damages claims. Claims for injunctive relief that are essentially attacks on a single parole hearing require exhaustion of state habeas corpus remedies.
• Milan Schultz v. Baumgart
  738 F.2d 231· 7th Cir.· 1984-07-02 ·cited 32×
  A public employee with a property interest in their job must receive prior notice and a meaningful opportunity to respond before termination; post-termination remedies do not cure a pre-termination due process violation if pre-termination procedures were practicable. Individual l
• Jones v. Preuit & Mauldin
  851 F.2d 1321· 11th Cir.· 1988-08-10 ·cited 31×
  The plurality opinion held that private defendants are entitled to qualified immunity in a section 1983 action. The dissenting judges disagreed, arguing that qualified immunity should not extend to private actors.
• Emery v. Holmes
  824 F.2d 143· 1st Cir.· 1987-07-29 ·cited 27×
  The court held that genuine issues of material fact exist regarding whether the officers' seizure of the plaintiff's automobile violated his Fourth Amendment rights and whether such conduct was within the scope of qualified immunity, thus affirming the denial of the officers' mot
• Young v. Kenny
  907 F.2d 874· 9th Cir.· 1989-10-11 ·cited 26×
  A federal court must stay a prisoner's 42 U.S.C. § 1983 claim challenging the duration of confinement, rather than dismiss it, to allow exhaustion of state remedies via habeas corpus.
• Adams v. Grainger W. McILHANY
  764 F.2d 294· 5th Cir.· 1985-06-27 ·cited 26×
  A judge is absolutely immune from liability for judicial acts performed within their jurisdiction, even if those acts are malicious or procedurally flawed. Claims for injunctive and declaratory relief require a live case or controversy, which is absent when the plaintiff has alre
• Simmons v. Reynolds
  898 F.2d 865· 2d Cir.· 1990-03-12 ·cited 24×
  The court held that while a six-year delay in hearing an appeal violated due process rights, the subsequent affirmance of the conviction rendered release from custody inappropriate, and damages were the proper remedy for any remaining prejudice.
• Sher v. Coughlin
  739 F.2d 77· 2d Cir.· 1984-07-11 ·cited 24×
  A prisoner's transfer between facilities or placement in restrictive confinement for administrative reasons, even if motivated in part by punitive intent, does not violate constitutional rights if the administrative reasons alone would have justified the action.
• Knight v. Mills
  836 F.2d 659· 1st Cir.· 1987-12-29 ·cited 22×
  State officials are entitled to qualified immunity from civil damages when their actions do not violate clearly established statutory or constitutional rights, and a declaratory judgment is not warranted on this record.
• Gaffney v. Silk
  488 F.2d 1248· 1st Cir.· 1973-12-27 ·cited 22×
  The court held that the district court abused its discretion by denying the plaintiffs' motion to amend their complaint, as the amended complaint sufficiently stated a cause of action under 42 U.S.C. § 1983.
• Dearman v. Woodson
  429 F.2d 1288· 10th Cir.· 1970-07-14 ·cited 20×
  The court held that the pro se complaint, alleging cruel and unusual punishment for 50.5 hours without food, stated a cause of action under 42 U.S.C. § 1983, and the dismissal was premature.
• Palmigiano v. Mullen
  491 F.2d 978· 1st Cir.· 1974-02-19 ·cited 18×
  A prisoner need not exhaust state judicial remedies before bringing a § 1983 action for damages. The district court erred in granting summary judgment solely on this ground.
• Zellmer Fromm and Marilyn Tucker v. Rosewell
  771 F.2d 1089· 7th Cir.· 1985-08-29 ·cited 16×
  The court held that principles of comity and the Tax Injunction Act bar federal court review of state tax assessment disputes when adequate state remedies exist. The taxpayer objection procedure in Illinois is considered such a remedy.
• Wiggins v. NEW Mexico State Supreme Court Clerk
  664 F.2d 812· 10th Cir.· 1981-11-24 ·cited 16×
  The court held that a prisoner's pro se civil rights complaint alleging constitutional deprivations should not be dismissed unless it appears beyond doubt that no relief can be granted.
• Chestnut v. City OF Quincy
  513 F.2d 91· 5th Cir.· 1975-05-21 ·cited 16×
  A police chief is not liable under 42 U.S.C. § 1983 for an officer's shooting if the chief had no knowledge of specific prior misconduct and no active control over the incident.
• Monaghan v. Deakins
  798 F.2d 632· 3d Cir.· 1986-07-31 ·cited 14×
  The court held that Younger abstention did not require dismissal of the plaintiffs' claims for damages and return of property, but affirmed the denial of a preliminary injunction.
• Sacks Bros. Loan Co., Inc. v. Cunningham
  578 F.2d 172· 7th Cir.· 1978-05-24 ·cited 14×
  The Tax Injunction Act bars federal court intervention in state tax matters if a plain, speedy, and efficient state remedy exists, and the five-year statute of limitations applies to actions against public officers for acts in their official capacity.
• Stadium Films, Inc. v. Baillargeon
  542 F.2d 577· 1st Cir.· 1976-09-23 ·cited 12×
  Police officers are not liable for damages for negligent errors of law in seeking or executing search warrants, and plaintiffs failed to prove officers actually knew of constitutional defects.
• Culp v. Martin
  471 F.2d 814· 5th Cir.· 1973-01-10 ·cited 12×
  The court held that while claims for injunctive relief regarding jail conditions were moot due to the prisoners' return, their claims for damages and return of property remained viable.
• Mack v. Varelas
  835 F.2d 995· 2d Cir.· 1987-12-22 ·cited 11×
  The court held that a state prisoner's civil rights action for damages under 42 U.S.C. § 1983, which does not challenge the validity of his conviction or seek release, should not be dismissed for failure to exhaust state remedies, but may be stayed pending the outcome of state co
• Cody v. Henderson
  936 F.2d 715· 2d Cir.· 1991-06-26 ·cited 10×
  The court held that while extensive delay in processing a criminal appeal can violate due process, unconditional release is not warranted unless the delay substantially prejudiced the outcome of the appeal. The district court erred in granting release without such a showing.
• Smith v. Winter
  782 F.2d 508· 5th Cir.· 1986-02-12 ·cited 10×
  The court held that the claims for injunctive and declaratory relief were moot, but the claim for damages under 42 U.S.C. § 1983 against local appellees for violating First Amendment rights was properly stated.
• Arebaugh v. Governor John Dalton
  730 F.2d 970· 4th Cir.· 1984-03-28 ·cited 10×
  The court held that the district court's grant of summary judgment was premature because the defendants failed to meet their burden of establishing a good faith defense.
• Johnson v. Granholm
  662 F.2d 449· 6th Cir.· 1981-11-06 ·cited 10×
  Public officials performing quasi-judicial duties and prosecutors are immune from damages under 42 U.S.C. § 1983 for actions within their official scope. A municipal body is not liable for employee actions absent a policy or custom.
• Minneapolis Auto Parts Co., Inc. v. The City OF Minneapolis
  739 F.2d 408· 8th Cir.· 1984-07-31 ·cited 8×
  The court held that a prior state court action seeking coercive relief, not merely declaratory relief, has the same claim preclusive effect as a full judgment on the merits, barring a subsequent federal § 1983 damages action.
• G. H. McSHANE Co. v. McFADDEN
  554 F.2d 111· 3d Cir.· 1977-04-26 ·cited 8×
  A party cannot recover damages under 42 U.S.C. § 1983 for utilizing a state foreign attachment procedure that was later declared unconstitutional, if the procedure was presumptively constitutional at the time of use and had not yet been expressly overturned.
• Chuman v. Wright
  960 F.2d 104· 9th Cir.· 1992-03-27 ·cited 6×
  An interlocutory appeal from the denial of qualified immunity divests the district court of jurisdiction to proceed with trial unless the district court certifies the appeal as frivolous or forfeited.
• Jewell v. Cnty. OF Nassau
  917 F.2d 738· 2d Cir.· 1990-10-30 ·cited 6×
  A dismissal without prejudice to allow exhaustion of state remedies would time-bar a § 1983 claim if the statute of limitations has run, and a judicial stay, not dismissal, is the proper mechanism to avoid the limitations bar.
• Golden State Transit Corp. v. City OF LOS Angeles
  857 F.2d 631· 9th Cir.· 1988-09-15 ·cited 6×
  Section 1983 damages are not available because the City of Los Angeles did not directly violate the National Labor Relations Act, as required by circuit precedent.
• Benkendorf v. Vill. OF Hazel Crest
  804 F.2d 99· 7th Cir.· 1986-10-27 ·cited 6×
  The appeal of the denial of a preliminary injunction is dismissed as moot because the challenged ordinance was amended during the pendency of the appeal.
• Baker v. Detective Colin McCOY
  739 F.2d 381· 8th Cir.· 1984-07-24 ·cited 6×
  The court held that the district court correctly applied collateral estoppel to preclude litigation of pre-confession beatings and did not err in directing a verdict for the Board of Police Commissioners due to lack of evidence of a pattern of misconduct.
• Penny Saver Publ'ns v. Vill. OF Hazel Crest
  905 F.2d 150· 7th Cir.· 1990-06-14 ·cited 4×
  The court held that the village ordinance was unconstitutionally vague as applied to potential advertisers in newspapers of general circulation, and that Penny Saver had standing to seek damages for lost revenues.
• Ouzts v. Sgt. D. Cummins
  825 F.2d 1276· 8th Cir.· 1987-08-13 ·cited 4×
  The court held that a prisoner's pro se complaint alleging a beating by correction officers and a warden's failure to respond to a grievance was properly dismissed.
• Wilson v. Lt. Clifton Lambert and Sgt. W.F. Straughn
  789 F.2d 656· 8th Cir.· 1986-05-02 ·cited 4×
  The court held that the district court's findings of fact were not clearly erroneous and affirmed the judgment awarding damages to the inmate.
• McCURRY v. Tesch
  738 F.2d 271· 8th Cir.· 1984-06-29 ·cited 4×
  The dissenting judge believes the law enforcement officers were acting in obedience to court orders and should be afforded absolute immunity from damages liability.
• Burnett v. McNABB
  565 F.2d 398· 6th Cir.· 1977-11-04 ·cited 4×
  The court held that the Beer Board members were immune from suit because they acted in good faith in their quasi-judicial capacity. The court also held that there was no pendent federal jurisdiction under the cited Tennessee statute.
• Raines v. State
  983 F. Supp. 1362· N.D. Fla.· 1997-03-21 ·cited 3×
  The court found that the Eighth Amendment claim failed because the denial of incentive gain time did not implicate basic human needs and lacked evidence of intent to punish. The court also analyzed the applicability of the ADA and Rehabilitation Act to state prisoners.