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

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

• Street v. Officer Leo Surdyka
  492 F.2d 368· 4th Cir.· 1974-02-21 ·cited 64×
  The court held that a violation of state arrest law does not automatically constitute a federal constitutional violation actionable under 42 U.S.C. § 1983, and that police officers are protected by a good faith defense for arrests made with probable cause.
• Deshawn Gervin v. Florence
  139 F.4th 1236· 11th Cir.· 2025-06-09 ·cited 17×
  Deshawn Gervin sued two Georgia probation officers under federal civil rights law, alleging they violated his Fourth Amendment rights by recklessly making false statements to obtain a warrant and pursue a probation revocation against him when the only condition of his probation—t
• Cookish v. Commissioner Ronald Powell
  945 F.2d 441· 1st Cir.· 1991-09-26 ·cited 9×
  The court held that prison officials are entitled to qualified immunity because it was objectively reasonable for them to believe their conduct was lawful, even if the underlying Fourth Amendment claim might have merit.
• Pritchett v. R.N. Alford
  973 F.2d 307· 4th Cir.· 1992-08-19 ·cited 7×
  The court affirmed the denial of qualified immunity for officers regarding Robert Pritchett's arrest and the Garage's removal from the wrecker list, finding clearly established rights were violated.
• Garth Maag v. Wessler
  944 F.2d 654· 9th Cir.· 1991-09-23 ·cited 6×
  The court held that awarding attorneys' fees to prevailing defendants in § 1983 actions requires a finding that the action was frivolous, unreasonable, and without foundation.
• Coppinger v. Metro-North Commuter Railroad
  861 F.2d 33· 2d Cir.· 1988-11-03 ·cited 6×
  A district court has jurisdiction to hear a discharged employee's claim for damages and equitable relief under 42 U.S.C. § 1983, even if the discharge was upheld in arbitration under the Railway Labor Act, as the RLA does not preempt independent statutory and constitutional claim
• Borunda v. Richmond
  885 F.2d 1384· 9th Cir.· 1988-11-03 ·cited 6×
  The court held that the admission of evidence of prior acquittals and attorneys' fees incurred in the criminal case was not an abuse of discretion, and the denial of motions for nonsuit and directed verdict was proper.
• Brown v. Officer L. Patterson
  823 F.2d 167· 7th Cir.· 1987-06-12 ·cited 5×
  An officer executing a facially valid arrest warrant does not violate the Fourth Amendment by arresting the wrong person if the officer acts reasonably under the circumstances, even if the warrant contains inaccurate information.
• Johnston v. Carlson
  M.D. Fla.· 2023-07-17
  Deputies are entitled to qualified immunity because they had arguable probable cause to believe the plaintiff violated the domestic violence injunction by attending church, even if the plaintiff's interpretation of the statute was ultimately correct.
• Babcock v. Olson
  S.D. Fla.· 2020-12-04
  The court held that the plaintiff failed to state a plausible claim for a Fourth Amendment violation because the deputies acted under exigent circumstances.
• Rhodes v. McDANNEL
  945 F.2d 117· 6th Cir.· 1991-06-10
  The court affirmed the grant of summary judgment, holding that the deputies' use of deadly force was objectively reasonable and that the plaintiff's discovery requests were insufficient.