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

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

• Stewart v. Baldwin Cnty. Bd. OF Educ.
  908 F.2d 1499· 11th Cir.· 1990-08-15 ·cited 101×
• Westlake v. Lucas
  537 F.2d 857· 6th Cir.· 1976-06-29 ·cited 80×
  A prisoner states a proper cause of action when alleging denial of reasonable medical treatment requests in the face of obvious need, exposing the inmate to undue suffering or threat of residual injury.
• Bickel v. Burkhart
  632 F.2d 1251· 5th Cir.· 1980-12-17 ·cited 66×
  The court held that the fire department's rules were not facially unconstitutional as applied, but that the plaintiff's speech was constitutionally protected and a motivating factor in his denial of promotion. The court affirmed the order to make the plaintiff whole but remanded
• Cornelius v. Town OF Highland Lake
  880 F.2d 348· 11th Cir.· 1989-08-10 ·cited 65×
  The court held that a genuine issue of material fact exists regarding whether a special relationship existed between the plaintiff and the town officials, and whether the defendants' actions created a special danger, thus potentially imposing a duty to protect the plaintiff under
• Losch v. Borough OF Parkesburg
  736 F.2d 903· 3d Cir.· 1984-06-14 ·cited 62×
  The court held that a jury must decide whether police officers had probable cause to file criminal charges, and thus summary judgment for the officers on the plaintiff's § 1983 claim was inappropriate, but affirmed summary judgment for the municipality.
• French v. Owens
  777 F.2d 1250· 7th Cir.· 1985-11-26 ·cited 44×
  The court held that while overcrowding, double-celling, inhumane restraints, inadequate medical care, and poor kitchen facilities violated the Eighth Amendment, the district court erred in mandating specific compliance with fire/safety codes and in ordering equal access to rehabi
• Kompare v. Robert Stein, M.D.
  801 F.2d 883· 7th Cir.· 1986-09-04 ·cited 43×
  The court held that medical examiners are entitled to qualified immunity for their actions in performing autopsies and determining causes of death, as their conduct did not violate clearly established constitutional rights. A violation of a county ordinance does not automatically
• Livas v. Petka
  711 F.2d 798· 7th Cir.· 1983-07-07 ·cited 40×
  A public prosecutor may dismiss an assistant for political reasons if political considerations are an appropriate requirement for the effective performance of the office, as assistants implement the prosecutor's policies and serve society as their client.
• Matilde R. Ramirez de Arellano v. de Choudens
  575 F.2d 315· 1st Cir.· 1978-05-10 ·cited 38×
  The court held that the plaintiff's claim was time-barred because the prior mandamus action did not toll the statute of limitations for her § 1983 claim. The court also found that the plaintiff's due process rights were not violated.
• Rendell Noel Mabey, Jr. v. Reagan
  537 F.2d 1036· 9th Cir.· 1976-06-01 ·cited 36×
  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.
• Garcia v. Salt Lake Cnty.
  768 F.2d 303· 10th Cir.· 1985-07-17 ·cited 35×
  A municipality can be held liable under 42 U.S.C. § 1983 for constitutional deprivations resulting from its official policy or custom, even if individual officers' actions do not independently violate civil rights.
• R.W.T. v. The Honorable Donald E. Dalton
  712 F.2d 1225· 8th Cir.· 1983-07-11 ·cited 32×
  Juveniles detained without a probable-cause determination by a neutral magistrate violate the Fourth and Fourteenth Amendments, regardless of whether the alleged act is criminal or a status offense. State judges are not proper defendants for prospective relief under § 1983, but t
• Tyrone, Inc. v. Wilkinson
  410 F.2d 639· 4th Cir.· 1969-05-06 ·cited 32×
  The court held that an adversary hearing is constitutionally required before seizure of a film to determine obscenity, but federal courts should not enjoin state prosecutions absent bad faith. A three-judge court is not required when the challenge is to the application of a statu
• Linnie Kay Berry v. City OF Muskogee
  900 F.2d 1489· 10th Cir.· 1990-04-10 ·cited 30×
  The court's majority opinion applied the Eighth Amendment standard, but the dissenting judge argues that due process analysis under the Fourteenth Amendment should apply, with a proposed gross negligence standard for such claims.
• Page v. DeLAUNE
  837 F.2d 233· 5th Cir.· 1988-02-12 ·cited 30×
  The court held that a letter designating the record on appeal, sent within the time limit, satisfied the notice of appeal requirement, and that genuine issues of material fact existed regarding the plaintiff's procedural due process claim.
• Duran v. Elrod
  713 F.2d 292· 7th Cir.· 1983-07-22 ·cited 30×
  The court held that the district court did not abuse its discretion in denying the county's motion to modify the consent decree to allow double-bunking and in ordering the release of low-bond pretrial detainees to comply with the population cap.
• Graham v. Baughman
  772 F.2d 441· 8th Cir.· 1985-09-06 ·cited 28×
  The court held that denying an inmate's request to call witnesses in a disciplinary hearing, without attempting to interview them even after the immediate crisis passed, violated procedural due process, but the inmate failed to prove actual damages from this violation.
• Eusebia Fernandez v. Honorable Jose Trias Monge
  586 F.2d 848· 1st Cir.· 1978-09-28 ·cited 28×
  The court held that the Younger abstention doctrine did not bar the federal action because the plaintiff lacked an adequate remedy in the Commonwealth courts for his pretrial detention claim, and the denial of certiorari was not a decision on the merits.
• Mrs. Tobie Brantley v. M.F. Surles
  718 F.2d 1354· 5th Cir.· 1983-11-10 ·cited 26×
  The court held that the district court erred in dismissing the plaintiff's § 1983 claim for failure to state a claim, exhaustion of remedies, and res judicata, and reversed and remanded for further proceedings.
• Hammer v. Gross
  932 F.2d 842· 9th Cir.· 1991-05-13 ·cited 25×
  The Ninth Circuit en banc held that while the use of force to extract a blood sample from a suspect is governed by the Fourth Amendment's objective reasonableness standard, the question of whether the force used in this case was excessive was a matter for the jury. The court also
• Archuleta v. Quinton McSHAN
  897 F.2d 495· 10th Cir.· 1990-03-01 ·cited 23×
  A child witnessing a police officer's violent arrest of their father does not have a constitutional claim under 42 U.S.C. § 1983 for emotional distress, as the officer's conduct was not directed at the child with the requisite intent to violate their rights.
• Krause v. R.O. Bennett, Jr.
  887 F.2d 362· 2d Cir.· 1989-09-20 ·cited 23×
  A police officer is entitled to qualified immunity if it was objectively reasonable for them to believe their actions did not violate the plaintiff's rights, and the warrant application was not so lacking in indicia of probable cause as to render official belief in its existence
• Rellergert v. Cape Girardeau Cnty.
  924 F.2d 794· 8th Cir.· 1991-02-04 ·cited 22×
  Jailers are entitled to qualified immunity if their preventive measures against inmate suicide, while perhaps negligent, were not deliberately indifferent to a known risk.
• Patton v. Przybylski
  822 F.2d 697· 7th Cir.· 1987-06-17 ·cited 22×
  The court held that a complaint alleging racial discrimination and wrongful arrest must be accepted as true at the dismissal stage.
• Bouse v. Bussey
  573 F.2d 548· 9th Cir.· 1977-07-21 ·cited 22×
  The court held that the forcible seizure of a pubic hair sample from a pretrial detainee without a warrant constituted an unreasonable search and seizure under the Fourth and Fourteenth Amendments.
• Runnels v. Rosendale
  499 F.2d 733· 9th Cir.· 1974-06-21 ·cited 20×
  The court held that allegations of performing surgery without consent and denying necessary pain relief for five days after surgery are sufficient to state a claim under 42 U.S.C. § 1983, and thus summary judgment was improperly granted.
• Arline M. Soderbeck v. Burnett Cnty.
  821 F.2d 446· 7th Cir.· 1987-06-15 ·cited 18×
  The court held that the county is not liable for the sheriff's actions because the sheriff is considered a state officer under Wisconsin law, not a county policymaker, and prior rulings established this precedent.
• Carroll Wayne Davis v. Hardy Wayne Forrest & Larry Marcus McNabb
  768 F.2d 257· 8th Cir.· 1985-07-17 ·cited 18×
  The court held that the jury instructions on excessive force were proper and the admission of evidence regarding workers' compensation benefits was not unfairly prejudicial.
• Ivy McFADDEN v. Detective Juan Sanchez
  710 F.2d 907· 2d Cir.· 1983-06-14 ·cited 18×
  Punitive damages in a section 1983 action must be assessed individually against each defendant, both as to liability and amount, and cannot be jointly assessed.
• McCONNELL v. Adams
  829 F.2d 1319· 4th Cir.· 1987-10-01 ·cited 16×
  The court held that while the failure to reappoint registrars based on political affiliation violated their constitutional rights, the officials were entitled to qualified immunity from damages, and the state was protected by Eleventh Amendment immunity from paying official capac
• Williams v. Kobel
  789 F.2d 463· 7th Cir.· 1986-04-16 ·cited 16×
  The court held that the district court abused its discretion in awarding attorney's fees to the prevailing defendants because the plaintiff's section 1983 action was not frivolous, unreasonable, or without foundation.
• Fletcher Altman Smith v. Heath
  691 F.2d 220· 6th Cir.· 1982-09-29 ·cited 16×
  The court held that a supervisory official cannot be held liable under § 1983 for the actions of subordinates unless the supervisor personally participated in or affirmatively authorized the misconduct.
• Loughney v. Hickey
  635 F.2d 1063· 3d Cir.· 1980-11-07 ·cited 16×
  The court held that the district court's judgment should be vacated and the case remanded for reconsideration in light of the Supreme Court's subsequent decision in Branti v. Finkel, which established a new test for political discharge claims.
• Corselli v. Coughlin
  842 F.2d 23· 2d Cir.· 1988-03-15 ·cited 15×
  The court held that the district court erred in granting summary judgment because genuine issues of material fact existed regarding the plaintiff's claims of excessive force and cruel and unusual punishment due to cold exposure.
• Williams v. Anderson
  959 F.2d 1411· 7th Cir.· 1992-04-09 ·cited 14×
  The court held that the defendants are shielded from the plaintiff's damages claim by qualified immunity because it was not clearly established in 1985 that their actions violated constitutional rights. The court vacated and remanded the injunctive relief claim for further consid
• Zook v. Brown
  865 F.2d 887· 7th Cir.· 1989-01-17 ·cited 13×
  The court held that Standard 2.19 of the Sheriff's Department Operating Procedures Manual is constitutional both on its face and as applied to Deputy Zook, and that the application of Standard 4.4 was unconstitutional. The court also affirmed the denial of a jury trial for damage
• Carter v. City OF Chattanooga
  803 F.2d 217· 6th Cir.· 1986-10-06 ·cited 12×
  The court held that the Supreme Court's decision in Tennessee v. Garner, which invalidated the fleeing felon rule, should not be applied retroactively to impose liability on the City of Chattanooga for actions taken in 1982.
• Webb v. Arresting Officers
  713 F.2d 405· 8th Cir.· 1983-08-08 ·cited 10×
  The court held that a plaintiff can recover on a theory of liability not explicitly pleaded if the facts support it and it does not prejudice the defendant, specifically applying the duty to intervene in a civil rights action.
• Wilkerson v. Maggio
  703 F.2d 909· 5th Cir.· 1983-04-25 ·cited 10×
  The court held that the conditions of the petitioner's confinement did not constitute cruel and unusual punishment under the Eighth Amendment.
• Gregorio Lopez v. E.G. Reyes
  692 F.2d 15· 5th Cir.· 1982-11-26 ·cited 10×
  Summary judgment for the defendant deputy sheriffs was correctly awarded because there were no genuine issues of material fact regarding the plaintiff's claims of constitutional violations and his classification as a high-risk prisoner.
• Navarro-Ayala v. Hernandez-Colon
  951 F.2d 1325· 1st Cir.· 1991-12-18 ·cited 8×
  The district court properly interpreted the consent decree to include collateral mental health facilities involved in the decentralization of services from Rio Piedras.
• Wrigley v. Basil G. Greanias
  842 F.2d 955· 7th Cir.· 1988-03-22 ·cited 8×
  The court held that the defendant was not entitled to qualified immunity because a genuine issue of material fact existed regarding whether the plaintiff's position was one where political affiliation was an appropriate requirement for effective performance.
• Johnie F. Karr v. Uniform Patrolman Smith and Officer L.N.U. (Mark Lemon)
  774 F.2d 1029· 10th Cir.· 1985-10-11 ·cited 8×
  The court held that probable cause for the arrest was established as a matter of law, and therefore the trial court did not err in granting a directed verdict for the defendants.
• Sosa v. Martin Cnty.
  57 F.4th 1297· 11th Cir.· 2023-01-20 ·cited 7×
  David Sosa, an innocent man arrested twice on the same warrant intended for another David Sosa, sued under 42 U.S.C. § 1983 after being detained for three days in the second arrest based on mistaken identity. The Eleventh Circuit held that under the Supreme Court's precedent in B
• Holman v. Cayce
  873 F.2d 944· 6th Cir.· 1989-05-02 ·cited 6×
  The court held that a police officer was improperly held in contempt for refusing to reveal the identity of a confidential informant, as the informant's identity was protected by the informer's privilege.
• Smiddy v. Dudley D. Varney
  803 F.2d 1469· 9th Cir.· 1986-11-06 ·cited 5×
  The court held that the district court erred in granting summary judgment for the plaintiff because the plaintiff failed to present evidence rebutting the presumption that the prosecutor exercised independent judgment in filing the criminal complaint, which insulates the arrestin
• Dorman v. Dist. OF Columbia
  888 F.2d 159· D.C. Cir.· 1989-10-27 ·cited 4×
  The court held that the evidence presented was insufficient to justify submitting the case to the jury, as the District's training policies did not amount to deliberate indifference to the rights of persons in custody.
• Travis v. Norris
  805 F.2d 806· 8th Cir.· 1986-11-18 ·cited 4×
  The court held that the booklet 'Gorilla Law' could not be prohibited by prison officials as it did not pose a security risk or frustrate rehabilitation goals.
• Kendall Glass v. Manuel Mayas, M.D.
  984 F.2d 55· 2d Cir.· 1993-01-15 ·cited 2×
  The court held that the defendants were entitled to qualified immunity because their actions in involuntarily hospitalizing the plaintiff were objectively reasonable, thus not violating clearly established constitutional rights.
• Anastausia Sepulveda v. Ramirez
  967 F.2d 1413· 9th Cir.· 1992-06-26 ·cited 2×
  The court held that a genuine issue of material fact exists regarding whether Officer Ludwig violated Sepulveda's clearly established constitutional right to bodily privacy, thus denying him qualified immunity.