42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights

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

• Australia Johnson v. Glick
  481 F.2d 1028· 2d Cir.· 1973-06-29 ·cited 547×
  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.
• Lombard v. The Bd. OF Educ. OF the City OF NEW York
  502 F.2d 631· 2d Cir.· 1974-07-22 ·cited 90×
  The court held that res judicata does not bar a federal claim under 42 U.S.C. § 1983 for denial of procedural due process, even if related issues were litigated in state court, because the federal remedy is supplementary and the plaintiff was deprived of a protected liberty inter
• Colburn v. Upper Darby Twp.
  838 F.2d 663· 3d Cir.· 1988-01-26 ·cited 88×
  The dissenting judge argues that allegations of gross negligence or deliberate indifference are insufficient to sustain a due process § 1983 claim, which requires pleading intentional action, abuse of power, or actions tantamount to intent.
• Gramenos v. Jewel Cos., Inc.
  797 F.2d 432· 7th Cir.· 1986-07-25 ·cited 80×
  The court held that a violation of state law does not automatically create a federal claim under 42 U.S.C. § 1983, and that an arrest based on an eyewitness store guard's credible report generally constitutes probable cause, precluding a jury trial on the reasonableness of the ar
• Manor Healthcare Corp. v. Lomelo
  929 F.2d 633· 11th Cir.· 1991-04-25 ·cited 52×
  A municipality is not liable under § 1983 for a mayor's criminal acts unless those acts were officially sanctioned or made pursuant to a municipal policy by an official with final policy-making authority. A prevailing party may recover costs even if paid by a non-party insurer.
• Anton v. Lehpamer
  787 F.2d 1141· 7th Cir.· 1986-04-03 ·cited 46×
  The court held that Wilson v. Garcia, which established the personal injury statute of limitations for § 1983 actions, should be applied partially retroactively in Illinois. Plaintiffs whose causes of action accrued before Wilson must file within the shorter of five years from ac
• Van Howell v. Tanner
  650 F.2d 610· 5th Cir.· 1981-07-13 ·cited 43×
  The court held that summary judgment was properly granted for most defendants based on probable cause and lack of personal involvement, but reversed dismissal of the claim against Louis Raulerson for alleged assault. Venue transfer was affirmed.
• Drummond v. Fulton Cnty. Dep't OF Fam. & Child's. Servs.
  563 F.2d 1200· 5th Cir.· 1977-11-28 ·cited 43×
• Noe Villanueva v. McINNIS
  723 F.2d 414· 5th Cir.· 1984-01-23 ·cited 36×
  A conspiracy to deprive a person of a constitutional right, without an actual deprivation, is insufficient to establish liability under 42 U.S.C. § 1983.
• Patrica Drown v. Portsmouth Sch. Dist.
  435 F.2d 1182· 1st Cir.· 1970-12-18 ·cited 36×
  A non-tenured teacher not rehired is entitled to a detailed written explanation of the reasons for non-retention and access to evaluation reports, but not a full administrative hearing.
• Mitchell v. Beaubouef
  581 F.2d 412· 5th Cir.· 1978-09-18 ·cited 35×
  The court held that a prisoner's civil rights complaint cannot be summarily dismissed on the merits based on an unverified administrative report; such reports cannot substitute for the proof required by Rule 56 of the Federal Rules of Civil Procedure.
• John v. Norris
  737 F.2d 1148· D.C. Cir.· 1984-06-22 ·cited 34×
  The court held that a prisoner alleging unprovoked macing and beating by correctional officers states a claim under 42 U.S.C. § 1983, even without permanent injury, if the force was applied maliciously and sadistically.
• Plano v. Baker
  504 F.2d 595· 2d Cir.· 1974-10-11 ·cited 34×
  The court held that the state administrative remedy was inadequate because it lacked procedures for resolving factual disputes, did not address constitutional issues within judicial expertise, and could not grant the requested damages.
• Ent. Concepts, Inc., III v. MacIejewski
  631 F.2d 497· 7th Cir.· 1980-09-23 ·cited 32×
  The court held that the Village's adult movie zoning ordinance was unconstitutionally vague and an impermissible prior restraint, and the license revocation ordinance lacked sufficient procedural protections and constituted an unconstitutional prior restraint. The court reversed
• Danese v. Asman
  875 F.2d 1239· 6th Cir.· 1989-05-26 ·cited 30×
  The majority reversed the denial of qualified immunity, finding the unlawfulness of the officers' actions was not apparent under pre-existing law.
• Czajka v. Hickman
  703 F.2d 317· 8th Cir.· 1983-03-30 ·cited 30×
  The court held that while the trial court erred in failing to balance the probative value against the prejudicial effect of admitting prior convictions for impeachment, the error was harmless given other impeachment evidence. The court also found no abuse of discretion in excludi
• Mother Goose Nursery Schs., Inc. v. Sendak
  770 F.2d 668· 7th Cir.· 1985-08-14 ·cited 26×
  The Attorney General is absolutely immune from damages liability under 42 U.S.C. § 1983 when acting in a quasi-judicial capacity to review state contracts for legality and form. Therefore, the district court's award of damages and attorney fees against the Attorney General is rev
• Anderson v. Coughlin
  700 F.2d 37· 2d Cir.· 1983-01-26 ·cited 26×
  The court held that the complaint was insufficient to survive a 12(b)(6) motion because it lacked specific factual allegations and failed to provide notice of the claim. However, the failure to provide notice that the motion would be treated as a summary judgment was harmless.
• Martin v. Merola
  532 F.2d 191· 2d Cir.· 1976-02-05 ·cited 26×
  A prosecutor may be held liable under § 1983 for making public statements that are beyond the scope of official duties and known or should have been known to violate a defendant's constitutional rights to a fair trial.
• O'Neal v. DeKALB Cnty.
  850 F.2d 653· 11th Cir.· 1988-07-25 ·cited 23×
  The court held that summary judgment was inappropriate because a dispute of material fact existed regarding the proportionality of force used by officers.
• Mitchell v. King
  537 F.2d 385· 10th Cir.· 1976-06-22 ·cited 22×
  The court's holding is not explicitly stated as this is a concurring opinion focusing on reasoning.
• Redman v. Cnty. OF SAN Diego
  942 F.2d 1435· 9th Cir.· 1991-08-26 ·cited 21×
  The court held that the majority's application of deliberate indifference standards to jail management was incorrect, suggesting judicial overreach.
• Kelsey v. State OF Minn.
  622 F.2d 956· 8th Cir.· 1980-03-18 ·cited 16×
  The court held that a prisoner's constitutional right of access to the courts can be satisfied by adequate alternative means, even if the prison law library is inadequate.
• Whitley v. Seibel
  613 F.2d 682· 7th Cir.· 1980-01-25 ·cited 16×
  The court held that a plaintiff's failure to present an alibi at a preliminary hearing is relevant to a subsequent civil rights claim, and the trial court's instruction to the contrary was reversible error.
• Ehlers v. City OF Decatur
  614 F.2d 54· 5th Cir.· 1980-03-19 ·cited 15×
  Georgia's ante-litem notice statute, requiring exhaustion of administrative remedies, cannot constitutionally be applied to a § 1983 action for damages for deprivation of a constitutional right.
• Rhyne v. Henderson Cnty.
  973 F.2d 386· 5th Cir.· 1992-09-14 ·cited 14×
  The plaintiff failed to prove that the defendant-municipality acted with deliberate indifference towards the mental health needs of pretrial detainees, despite a detainee's suicide.
• Morrell v. The City OF Picayune
  690 F.2d 469· 5th Cir.· 1982-11-01 ·cited 14×
  The court held that the one-year statute of limitations for assault and battery does not apply to actions for breach of official duty by police officers.
• Paulina Perez v. Jule M. Sugarman
  499 F.2d 761· 2d Cir.· 1974-06-07 ·cited 13×
  The court held that the district court had subject matter jurisdiction over the civil rights suit against private child-caring institutions, finding their actions constituted 'state action' under 42 U.S.C. § 1983.
• Harris v. Young
  718 F.2d 620· 4th Cir.· 1983-08-16 ·cited 12×
• Sisk v. Tex. Parks & Wildlife Dep't
  644 F.2d 1056· 5th Cir.· 1981-05-11 ·cited 12×
  The court held that the district court erred in dismissing the complaint, as the allegations stated a federal question and a claim upon which relief could be granted.
• Smith v. Price
  616 F.2d 1371· 5th Cir.· 1980-05-16 ·cited 10×
  The court's holding, as assumed by the panel, was that the Constitution guarantees the right to commit adultery, which the concurring judge believes is erroneous.
• Gentry B. Puckett v. Weldon W. COX
  456 F.2d 233· 6th Cir.· 1972-03-08 ·cited 10×
  The court held that while negligence can form the basis of a § 1983 claim, the plaintiff's specific allegations of negligence in failing to protect him from another inmate did not rise to a constitutional deprivation. However, the claim regarding solitary confinement, particularl
• David F. McCOMB ad litem for Khemsu Walton v. Rosita Wambaugh
  934 F.2d 474· 3d Cir.· 1991-05-30 ·cited 9×
  The court held that the Interstate Compact on the Placement of Children did not apply to a child returned to his mother's custody, and therefore, no special relationship was created between the state and the child that would impose a duty to protect him from his mother's abuse.
• Garner Gregory v. The City OF Rogers
  921 F.2d 750· 8th Cir.· 1990-12-12 ·cited 8×
  The court held that the state's affirmative act of removing the designated driver created a dangerous situation, potentially implicating a due process violation if the officers' conduct was reckless.
• Smith v. City OF Chicago
  913 F.2d 469· 7th Cir.· 1990-09-21 ·cited 8×
  The court held that the trial court properly limited the plaintiff's recovery to nominal damages because probable cause existed for his arrest, meaning he would have been arrested regardless of any alleged misconduct.
• Redman v. Cnty. OF SAN Diego
  896 F.2d 362· 9th Cir.· 1990-02-13 ·cited 8×
  The court should reverse the directed verdict and allow a jury to determine if the government's conduct amounted to deliberate indifference to the inmate's safety.
• Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah
  723 F. Supp. 1467· S.D. Fla.· 1989-10-05 ·cited 8×
  The court held that the City of Hialeah's ordinances prohibiting ritual animal sacrifice did not violate the Free Exercise Clause of the First Amendment, as they served compelling secular purposes and were religiously neutral in application.
• Hammer v. Gross
  884 F.2d 1200· 9th Cir.· 1989-09-06 ·cited 8×
  The court held that the use of minimal physical force to obtain a blood sample from a DUI suspect, when necessary to effectuate an otherwise lawful search and seizure, does not constitute an unreasonable search or seizure under the Fourth Amendment.
• Arnaud v. Odom
  870 F.2d 304· 5th Cir.· 1989-04-19 ·cited 8×
  The court held that parents do not possess a constitutionally protected property or liberty interest in the bodies of their deceased children that would support a § 1983 claim when adequate state post-deprivation remedies exist for procedural due process claims, and no such subst
• Citizens FOR A Better Env't, Inc. v. Nassau Cnty.
  488 F.2d 1353· 2d Cir.· 1973-11-14 ·cited 8×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiffs failed to demonstrate a likelihood of prevailing on the merits or irreparable harm, given the unresolved state law questions regarding the plaintiff orga
• Quinn v. Bryson
  739 F.2d 8· 1st Cir.· 1984-07-17 ·cited 7×
  A developer's claim for damages under 42 U.S.C. § 1983 for delays in obtaining a building permit, even if due to bad faith by a local official, does not state a claim if state courts are available to correct the error.
• Robinette v. Barnes
  854 F.2d 909· 6th Cir.· 1988-08-22 ·cited 6×
  The use of a properly trained police dog to apprehend a felony suspect does not constitute deadly force, and even if it did, the circumstances justified its use in this case.
• Schlette v. Burdick
  633 F.2d 920· 9th Cir.· 1980-12-10 ·cited 6×
  The court held that there was no triable issue of fact regarding the constitutionality of the plaintiff's confinement, entitling the conservators to summary judgment.
• Watts v. The Bd. OF Curators
  495 F.2d 384· 8th Cir.· 1974-04-09 ·cited 6×
  The court held that the university's decision not to renew a nontenured professor's contract was not a violation of his constitutional rights, as the decision was based on permissible professional and contractual reasons, not on the exercise of protected speech.
• Hy Kom Dev. Co. v. Manatee Cnty.
  837 F. Supp. 1182· M.D. Fla.· 1993-11-16 ·cited 4×
  The court held that the plaintiff had sufficiently alleged a property interest in its building permit to be accorded Section 1983 protection, and that genuine issues of material fact precluded summary judgment.
• Fields v. Soloff
  920 F.2d 1114· 2d Cir.· 1990-12-11 ·cited 4×
  The court held that state officials are immune from suit under 42 U.S.C. § 1983 for actions taken in their judicial or prosecutorial capacities, even if those actions were erroneous or exceeded authority, as long as they did not act in the clear absence of all jurisdiction.
• Shaw v. Strackhouse
  920 F.2d 1135· 3d Cir.· 1990-12-06 ·cited 4×
  The court held that the professional judgment standard, not deliberate indifference, applies to claims by involuntarily institutionalized mentally retarded individuals. It reversed summary judgment on the February 15 assault claim but affirmed it on the restraint and February 3 a
• Conti v. The City OF Fremont
  919 F.2d 1385· 9th Cir.· 1990-11-28 ·cited 4×
  The court held that the plaintiff lacked standing to assert the constitutional rights of former patrons and that the city's refusal to amend the permit survived rational basis scrutiny and did not constitute a taking.
• Pool v. Mo. Dep't OF Corr. & Human Res.
  883 F.2d 640· 8th Cir.· 1989-08-28 ·cited 4×
  The court held that the district court erred in dismissing the inmate's claim for inadequate staffing and protection under Count 1 as barred by res judicata, mootness, or frivolousness, and reversed the dismissal as to defendant Moore.
• George v. King
  837 F.2d 705· 5th Cir.· 1988-02-17 ·cited 3×
  A single incident of food poisoning, even if caused by neglectful prison food service policy and resulting in temporary discomfort, does not state a claim for deprivation of constitutional rights sufficient to survive dismissal as frivolous under 28 U.S.C. § 1915(d).