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

• Christmas v. Lolita Sanders
  759 F.2d 1284· 7th Cir.· 1985-04-12 ·cited 48×
  The court held that the trial judge did not abuse her discretion in excluding police reports offered as prior consistent statements and in excluding evidence of the plaintiff's prior rape conviction.
• Yale Auto Parts, Inc. v. Johnson
  758 F.2d 54· 2d Cir.· 1985-03-20 ·cited 48×·via Violation Of 42 U.S.C. § 1983
  The court held that plaintiffs' interest in obtaining a zoning board of appeals certificate of location approval did not rise to the level of a property right protected by the Due Process Clause, and their equal protection claim was insufficient.
• Krohn v. United States
  742 F.2d 24· 1st Cir.· 1984-08-22 ·cited 48×
  Denials of absolute and qualified immunity are immediately appealable. Absolute immunity applies to federal officials acting within the outer perimeter of their line of duty, even if the means are questionable. Qualified immunity requires a prima facie showing of impropriety to d
• Jones v. Cmty. Redev. Agency OF the City OF LOS Angeles
  733 F.2d 646· 9th Cir.· 1984-05-15 ·cited 48×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 and that the district court properly denied leave to amend, thus affirming the dismissal of federal claims and the subsequent dismissal of state claims.
• Keating v. Hon. Hugh Carey
  706 F.2d 377· 2d Cir.· 1983-04-18 ·cited 48×
  The court held that the plaintiff's complaint stated a cause of action under 42 U.S.C. § 1985(2) and (3), extending protection to political affiliation.
• Hanson v. Town OF Flower Mound
  679 F.2d 497· 5th Cir.· 1982-07-02 ·cited 48×
  The court held that it has jurisdiction to hear an appeal from a final decision even if no separate judgment document was entered, provided the appellee does not object. The court also held that claims regarding the republican form of government and an arrest without probable cau
• Tarpley v. Greene
  684 F.2d 1· D.C. Cir.· 1982-07-02 ·cited 48×
  The court held that the District Court erred in granting summary judgment for officers Booth and Greene regarding the June 9, 1978 search because it applied an erroneous legal standard requiring proof of assault and battery. The court also held that municipalities are not subject
• Wheatley v. Police Officers Michael Ford
  679 F.2d 1037· 2d Cir.· 1982-05-18 ·cited 48×
  The court held that the $55,000 damages award was excessive and reduced it to $25,000, and that the $10,000 bonus portion of the attorney's fees award was unwarranted, but affirmed the lodestar amount.
• Smith v. Gonzales
  670 F.2d 522· 5th Cir.· 1982-03-15 ·cited 48×·via 42 U.S.C. § 1983 Action
  The court held that claims arising from arrests made under facially valid warrants or with probable cause, as determined by an independent intermediary, should have been dismissed. The court affirmed the jury's verdict regarding the warrantless arrest for carnal knowledge.
• Kincaid v. Rusk
  670 F.2d 737· 7th Cir.· 1982-02-10 ·cited 48×
  The court held that a pretrial detainee's First and Fourteenth Amendment rights were violated by jail policies arbitrarily restricting access to reading material, and that the sheriff was not immune from liability for these violations.
• Taylor v. Kavanagh
  640 F.2d 450· 2d Cir.· 1981-01-26 ·cited 48×·via 42 U.S.C. § 1983 Claim For Damages
  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.
• Waltruent Margarete Rosa Morrison v. Jones
  607 F.2d 1269· 9th Cir.· 1979-10-19 ·cited 48×·via 42 U.S.C. § 1983 Liability
  The court held that the District Attorney and Clerk of Superior Court were immune, but reversed summary judgment for the remaining defendants, finding they were not entitled to absolute immunity and the record was insufficient to establish qualified immunity.
• Corley v. Jackson Police Dep't
  566 F.2d 994· 5th Cir.· 1978-01-30 ·cited 48×·via Violation Of 42 U.S.C. § 1983
  The district court erred by failing to apply the correct legal standard for pretext in a Title VII discrimination case, thus its findings of fact are tainted and require reversal.
• Ramsay v. Bailey
  531 F.2d 706· 5th Cir.· 1976-05-12 ·cited 48×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not abuse its discretion in dismissing the action with prejudice for want of prosecution due to the plaintiff's prolonged pattern of delay and failure to comply with court orders.
• Earnest Bach and Robert Pryor v. Coughlin
  508 F.2d 303· 7th Cir.· 1974-12-20 ·cited 48×
  The court held that a prisoner's parole moots his prospective claims, and that prison postage regulations are a reasonable balance of prisoner rights and institutional costs, thus not denying access to courts.
• Kaiser v. Cahn
  510 F.2d 282· 2d Cir.· 1974-12-19 ·cited 48×
  The court affirmed the grant of summary judgment, holding that the plaintiff's claim was untimely because New York law, as applied under federal common law, does not permit 'tacking' of tolling periods after a release from imprisonment.
• Ward v. ST. Anthony Hosp.
  476 F.2d 671· 10th Cir.· 1973-04-04 ·cited 48×·via Violation Of 42 U.S.C. § 1983
  The court held that receiving federal funds, tax exemptions, and being subject to regulation is insufficient to establish state action for federal jurisdiction under 42 U.S.C. § 1983 without a showing of state involvement in the specific activity causing the alleged injury. The c
• Lucas v. Wis. Elec. Power Co.
  466 F.2d 638· 7th Cir.· 1972-08-02 ·cited 48×·via Violation Of 42 U.S.C. § 1983
• Smith v. Robbins
  454 F.2d 696· 1st Cir.· 1972-01-18 ·cited 48×·via § 1983 Suit
  The court held that prison officials may not open mail addressed to a prisoner from an attorney in the prisoner's absence, even to check for contraband, without a strong justification. The court also vacated the dismissal of the prisoner's claim regarding good time forfeiture, re
• Dale v. Demarest J. Hahn
  440 F.2d 633· 2d Cir.· 1971-02-19 ·cited 48×
  The court held that a claim for deprivation of property rights, without more, does not state a cause of action under 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3) and (4).
• Penley v. Eslinger
  605 F.3d 843· 11th Cir.· 2010-05-03 ·cited 47×·via 42 U.S.C. § 1983 (Excessive Force)
  A fifteen-year-old student brought a modified toy pistol to school, triggering a police standoff during which Lieutenant Michael W. Weippert fired a fatal shot to the head. The parents sued under 42 U.S.C. § 1983 and Florida law, alleging excessive force and violation of Fourth A
• Alfonson Detroy Ponton and Reginald J. Williams v. Officer B.E. Gross
  576 So. 2d 910· Fla. 1st DCA· 1991-03-26 ·cited 47×
  Appellants filed a timely notice of appeal from a trial court order requiring them to file an amended complaint by a deadline, but the appellate court dismissed the appeal for lack of jurisdiction because no final appealable order had been rendered.
• Hufford v. Rodgers
  912 F.2d 1338· 11th Cir.· 1990-09-25 ·cited 47×
  The Eleventh Amendment does not protect Florida sheriffs, acting as county officials, from liability under 42 U.S.C. § 1983.
• Dorna F. Kerr v. City OF W. Palm Beach
  875 F.2d 1546· 11th Cir.· 1989-06-27 ·cited 47×
  The court held that plaintiffs lacked standing to seek injunctive and declaratory relief regarding the canine unit policy, but that the district court erred in granting judgment n.o.v. for the City and former chief, as there was sufficient evidence of inadequate training and supe
• Brooks v. D.R. Scheib
  813 F.2d 1191· 11th Cir.· 1987-04-06 ·cited 47×·via 42 U.S.C. § 1983 Liability For Municipalities
  The court held that the plaintiff failed to establish that the City's customs or policies were the moving force behind the constitutional injury or that the officer's alleged violent propensity constituted a continuous condition for nuisance law.
• Lewis v. Univ. OF Pittsburgh & Univ. of Pittsburgh Book Ctr.
  725 F.2d 910· 3d Cir.· 1983-12-30 ·cited 47×
  The court held that the trial court's jury instructions, which focused solely on 'but-for' causation and failed to adequately explain the indirect method of proving discrimination through pretext, constituted plain error requiring a new trial.
• Wellington v. Daniels
  717 F.2d 932· 4th Cir.· 1983-09-19 ·cited 47×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court did not err in granting judgment notwithstanding the verdict for the city and chief, nor in denying a new trial, as there was insufficient evidence of a municipal policy to allow the use of a dangerous instrumentality.
• Hanson Bratton v. City OF Detroit
  704 F.2d 878· 6th Cir.· 1983-03-29 ·cited 47×·via Violation Of 42 U.S.C. § 1983
• Westborough Mall, Inc. v. City OF Cape Girardeau
  693 F.2d 733· 8th Cir.· 1982-11-12 ·cited 47×·via 42 U.S.C. § 1983 Liability
  The court held that summary judgment was improperly granted because genuine issues of material fact exist regarding whether the city deprived developers of zoning rights without due process and whether city officials conspired with private developers to restrain trade.
• Deweese v. Town OF Palm Beach
  688 F.2d 731· 11th Cir.· 1982-10-08 ·cited 47×
  The district court abused its discretion by applying collateral estoppel to prevent the town from litigating the constitutionality of its shirtlessness ordinance.
• Merrel J. Cline v. Brusett
  661 F.2d 108· 9th Cir.· 1981-11-09 ·cited 47×
  The court held that most of the appellant's claims were barred by the statute of limitations, but two claims related to a second conviction were not. The court affirmed the dismissal of most claims and reversed the dismissal of two claims, remanding for further proceedings.
• Tarter v. Hury
  646 F.2d 1010· 5th Cir.· 1981-06-01 ·cited 47×
  The court affirmed the dismissal of most claims, finding some barred by immunity and exhaustion requirements, and others failing to state a claim upon which relief could be granted.
• McMILLAN v. Escambia Cnty.
  638 F.2d 1239· 5th Cir.· 1981-02-19 ·cited 47×·via Violation Of 42 U.S.C. § 1983
  At-large election systems are unconstitutional if purposefully designed or perpetuated to minimize the voting strength of racial minorities and have that effect. The County Commission's at-large system was not shown to be perpetuated for discriminatory purposes, but the School Bo
• Bruce v. Riddle
  631 F.2d 272· 4th Cir.· 1980-09-10 ·cited 47×
  Members of a local county council are entitled to absolute legislative immunity under 42 U.S.C. § 1983 for actions taken in their legislative capacity, including voting on zoning ordinances, even if influenced by private meetings with constituents.
• Riddell v. The Nat'l Democratic Party
  624 F.2d 539· 5th Cir.· 1980-08-18 ·cited 47×
  The court held that the special circumstances cited by the district court were insufficient to justify denying attorneys' fees to the prevailing parties under 42 U.S.C. § 1988.
• Turpin v. Mailet
  591 F.2d 426· 2d Cir.· 1979-01-16 ·cited 47×
  The court held that a cause of action against a municipality may exist under 42 U.S.C. § 1983, superseding a direct claim under the 14th Amendment.
• Alive v. Litzau
  551 F.2d 196· 8th Cir.· 1977-02-23 ·cited 47×
  The court held that the $10,000 jury verdict for compensatory damages was not inadequate as a matter of law, and the directed verdict for the police chief was proper.
• Levoy Jasper Meredith v. State OF Ariz.
  523 F.2d 481· 9th Cir.· 1975-09-30 ·cited 47×
  The concurring judge agrees with the dismissal of claims against the State and prison physician but dissents from the reversal of the dismissal of claims against Correctional Officer Miller and the remand for further consideration of claims against other prison officials.
• Eutzy v. State
  541 So. 2d 1143· Fla.· 1989-03-28 ·cited 46×·via 42 U.S.C. § 1983 Action
  William Eutzy, a death row inmate, appealed the trial court's denial of his second Rule 3.850 motion to vacate his conviction and death sentence for first-degree murder. The Florida Supreme Court affirmed the denial, holding that all claims were procedurally barred either because
• Lake Nacimiento Ranch Co. v. Cnty. OF SAN Luis Obispo
  830 F.2d 977· 9th Cir.· 1987-10-15 ·cited 46×
  The court held that the Ranch's "as applied" taking claim was not ripe, its facial challenge was unsupported, and its due process claim failed due to adequate state remedies and lack of municipal policy. The denial of attorneys' fees to the County was not an abuse of discretion.
• Jacquez v. R.K. Procunier
  801 F.2d 789· 5th Cir.· 1986-10-10 ·cited 46×
  A plaintiff must plead specific facts demonstrating a violation of clearly established law to overcome a qualified immunity defense and avoid dismissal before discovery.
• Anton v. Lehpamer
  787 F.2d 1141· 7th Cir.· 1986-04-03 ·cited 46×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  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
• Solomon Lusby v. T.G. & Y. Stores, Inc.
  749 F.2d 1423· 10th Cir.· 1984-11-23 ·cited 46×
  The court held that the jury's verdicts for civil rights violations under 42 U.S.C. § 1983 against the defendants were largely supported by the evidence, and that the plaintiffs substantially complied with the Oklahoma Political Subdivision Tort Claims Act notice requirement.
• Karole K. Jensen v. Conrad
  747 F.2d 185· 4th Cir.· 1984-10-05 ·cited 46×
  The court held that even if a constitutional right to affirmative protection existed, it was not clearly established at the time of the alleged deprivations, and good faith immunity applied.
• N.A.A.C.P. v. City OF Richmond
  743 F.2d 1346· 9th Cir.· 1984-09-28 ·cited 46×·via 42 U.S.C. § 1983 Action
  The Ninth Circuit held that the City of Richmond's 20-day advance notice requirement for parade permits violates the First Amendment and that the waiver provision granting unfettered discretion is unconstitutional.
• LaRon McKINLEY v. Lt. Gary Trattles
  732 F.2d 1320· 7th Cir.· 1984-04-23 ·cited 46×·via 42 U.S.C. § 1983 Liability
  The court held that the jury's award of punitive damages for an unconstitutional strip search should be reinstated, subject to a remittitur, and affirmed the denial of the defendant's motion for judgment notwithstanding the verdict on liability.
• McKAY v. Dayle Hammock
  730 F.2d 1367· 10th Cir.· 1984-03-30 ·cited 46×
  The court held that the § 1983 claims were timely filed under Colorado's residuary statute of limitations and that the plaintiff stated a claim for deprivation of liberty without due process, distinguishing the case from Baker v. McCollan. The harassment claim also requires furth
• Hardin v. Stynchcomb
  691 F.2d 1364· 11th Cir.· 1982-11-22 ·cited 46×·via Violation Of 42 U.S.C. § 1983
  The dissenting judge would affirm the district court's decision, finding that the majority's reversal was based on a clearly erroneous assessment of the facts regarding the feasibility of accommodating female guards in the Fulton County Jail.
• Caricia J. Fisher v. Wash. Metro. Area Transit Auth.
  690 F.2d 1133· 4th Cir.· 1982-10-07 ·cited 46×
  The court held that a police officer's actions in arresting and briefly detaining a suspect for administrative processing do not violate the Fourth Amendment, even if they violate state law, and that a sheriff cannot be held liable under § 1983 for subordinate's alleged privacy v
• Monahan v. State OF Neb.
  687 F.2d 1164· 8th Cir.· 1982-08-30 ·cited 46×
  The court held that the substantive claims were moot or barred by failure to exhaust administrative remedies, but remanded for a determination of attorney's fees for one plaintiff who had prevailed on preliminary relief.