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

• United States v. The State OF Ala.
  791 F.2d 1450· 11th Cir.· 1986-06-06 ·cited 39×
  The court held that Alabama State University lacked standing to sue under Section 1983 and Title VI, and that while the Eleventh Amendment bars injunctions against the State Board itself, it permits injunctive relief against Board members in their official capacities.
• MAY v. Evansville-Vanderburgh Sch. Corp.
  787 F.2d 1105· 7th Cir.· 1986-04-01 ·cited 39×·via Violation Of 42 U.S.C. § 1983
  Public employees do not have a constitutional right to use employer premises for meetings unrelated to their work, even if the meetings occur during non-work hours.
• Scott v. Vill. OF Kewaskum & Vill. Bd. of Kewaskum
  786 F.2d 338· 7th Cir.· 1986-03-21 ·cited 39×
  A liquor license is not a property interest protected by the Fourteenth Amendment, and operating a tavern is not a common occupation that implicates a liberty interest requiring a statement of reasons for denial.
• Anderson v. Cent. Point Sch. Dist. NO. 6
  746 F.2d 505· 9th Cir.· 1984-10-29 ·cited 39×
  The court held that a teacher's letter to the school board concerning athletic program restructuring, even if containing some private details, constitutes protected speech under the First Amendment when its primary subject is a matter of public concern. The court also affirmed th
• Perry v. The Hous. Auth. OF the City OF Charleston
  664 F.2d 1210· 4th Cir.· 1981-11-24 ·cited 39×
  The court held that the plaintiffs failed to state a federal cause of action, as there was no implied private right of action under the United States Housing Act, no basis for a § 1983 claim, and they were not third-party beneficiaries of the contract between the Housing Authorit
• Clanton v. Orleans Parish Sch. Bd.
  649 F.2d 1084· 5th Cir.· 1981-07-06 ·cited 39×
  The court held that the Board's maternity leave reinstatement policy, while not an irrebuttable presumption violating due process, constituted sex-based discrimination under Title VII because it imposed a burden on female teachers not suffered by male teachers.
• Sparkman v. McFARLIN
  601 F.2d 261· 7th Cir.· 1979-05-02 ·cited 39×
  The court held that a private person can be liable under 42 U.S.C. § 1983 for conspiring with an immune state judge, provided the conspiracy is alleged with particularity. The opinion emphasizes that conclusory allegations are insufficient and require factual support demonstratin
• Shaw v. McCORKLE
  537 F.2d 1289· 5th Cir.· 1976-08-30 ·cited 39×·via 42 U.S.C. § 1983 Action
  The court held that a civil rights action against state officials and their surety for injuries sustained during an arrest is governed by Mississippi's six-year statute of limitations for contract actions, not the one-year statute for intentional torts.
• Reeves v. City OF Jackson
  532 F.2d 491· 5th Cir.· 1976-06-01 ·cited 39×
  The court held that the plaintiff's complaint, alleging false arrest, false imprisonment, and failure to provide medical care, stated tenable claims under federal and state law, and should not have been dismissed at the pleading stage.
• Incarcerated MEN OF Allen Cnty. Jail v. Fair
  507 F.2d 281· 6th Cir.· 1974-11-13 ·cited 39×
  An award of attorney fees is permissible under the "private attorney general" exception to the American Rule for suits vindicating public constitutional rights, and such awards can be assessed against local officials payable from public funds, but not against municipalities direc
• Smith v. Cherry
  489 F.2d 1098· 7th Cir.· 1973-11-27 ·cited 39×·via Violation Of 42 U.S.C. § 1983
  The court held that plaintiffs sufficiently alleged deprivation of rights under the Constitution and Civil Rights Act, reversing the dismissal of their complaint.
• Jennings v. Ilus W. Davis
  476 F.2d 1271· 8th Cir.· 1973-04-20 ·cited 39×·via 42 U.S.C. § 1983 Liability
  The court held that respondeat superior is not available to impose vicarious liability under 42 U.S.C. § 1983 for a defendant who has no personal involvement in the alleged deprivation of rights, and that negligence claims also failed due to lack of affirmative duty or personal i
• Eslinger v. Lovick Oliphant Thomas
  476 F.2d 225· 4th Cir.· 1973-03-28 ·cited 39×·via Violation Of 42 U.S.C. § 1983
  State legislators are immune from suit under the Speech or Debate Clause, and a clerk acted in good faith, precluding damages. However, a Senate resolution denying females the position of page solely based on sex violates the Equal Protection Clause.
• Burkes v. Callion
  433 F.2d 318· 9th Cir.· 1970-11-04 ·cited 39×·via 42 U.S.C. § 1983 Liability
  Government officers performing judicial or quasi-judicial functions are immune from liability under 42 U.S.C. § 1983 for conduct within their official duties.
• Quincy A. Williams v. Correctional Officer Radford
  64 F.4th 1185· 11th Cir.· 2023-04-04 ·cited 38×·via 42 U.S.C. § 1983 (Excessive Force)
  The Eleventh Circuit held that the district court erred in granting summary judgment on two of the plaintiff's retaliation claims against Captain Scarpati, but affirmed summary judgment on the third retaliation claim.
• Johnson v. City of Miami Beach
  18 F.4th 1267· 11th Cir.· 2021-11-19 ·cited 38×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that a reasonable jury could find that Officer Aguila used excessive force and committed battery by forcibly striking an arrestee who was secured, not resisting, and not posing a threat, and thus summary judgment was improperly granted.
• Sureshbhai Patel v. City of Madison
  959 F.3d 1330· 11th Cir.· 2020-05-27 ·cited 38×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that genuine issues of material fact remain regarding whether Officer Parker used excessive force, precluding summary judgment based on qualified immunity.
• Sims v. Mulcahy
  902 F.2d 524· 7th Cir.· 1990-05-09 ·cited 38×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the district court's judgment, finding no abuse of discretion in evidentiary rulings and that jury instructions adequately covered the plaintiff's claims.
• Fleming v. Cnty. OF Kane
  898 F.2d 553· 7th Cir.· 1990-03-27 ·cited 38×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not abuse its discretion in excluding evidence regarding the propriety of the Orchard Road project, and affirmed the denial of the motion for a new trial, but modified the damages award for lost wages.
• Meral Smith v. Evans
  853 F.2d 155· 3d Cir.· 1988-07-21 ·cited 38×·via 42 U.S.C. § 1983 Claim For Denial Of Access To Courts
  An untimely Rule 59(e) motion does not toll the time for filing a notice of appeal, and the appeal must be dismissed for lack of jurisdiction.
• Fleury v. Clayton
  847 F.2d 1229· 7th Cir.· 1988-05-11 ·cited 38×
  A formal censure by a state agency deprives a physician of a property interest in their license, triggering Due Process Clause protections.
• Leer v. Al Murphy
  844 F.2d 628· 9th Cir.· 1988-04-04 ·cited 38×
  The court held that the inmates failed to establish a genuine issue of material fact regarding the actual and proximate cause of their injuries by any individual prison official, and thus summary judgment was appropriate.
• Collins v. City OF SAN Diego
  841 F.2d 337· 9th Cir.· 1988-03-10 ·cited 38×
  The court affirmed the district court's judgment, holding that the plaintiff's Title VII claim was abandoned or time-barred, and her § 1983 claim failed because the municipality cannot be held liable under a respondeat superior theory and the supervisor was not a final policymake
• Friedel v. City OF Madison
  832 F.2d 965· 7th Cir.· 1987-10-13 ·cited 38×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the plaintiffs failed to present sufficient evidence to create a genuine dispute of material fact regarding intentional discrimination, and thus summary judgment for the defendants was appropriate.
• Santiago v. Nestor Velazquez Garcia
  821 F.2d 822· 1st Cir.· 1987-06-05 ·cited 38×
  The court held that a prison regulation creating procedural rights for inmate transfers can create a liberty interest protected by due process, and a violation of these procedures, specifically a delayed post-transfer hearing, constitutes a due process violation for which damages
• Rascon v. Hardiman
  803 F.2d 269· 7th Cir.· 1986-09-26 ·cited 38×
  The court held that the jury's verdict against Director Hardiman could not stand due to insufficient opportunity for defense and unclear jury instructions, requiring a new trial. The court also found the jury instructions regarding Officer Stein's duty to intervene were inadequat
• Morton v. Becker
  793 F.2d 185· 8th Cir.· 1986-06-06 ·cited 38×
  The court held that the plaintiff's complaint failed to state a claim under 42 U.S.C. § 1983 because it did not sufficiently allege a causal connection between the defendants' actions and the plaintiff's alleged injuries.
• Roberts v. The City OF Troy & Forrest O. Fisher
  773 F.2d 720· 6th Cir.· 1985-09-30 ·cited 38×·via Violation Of 42 U.S.C. § 1983
  The court's majority opinion, which this concurrence agrees with, likely found that the Parratt-Beebe analysis for procedural due process claims was inapplicable to deprivations of life, and that the conduct was not random and unauthorized, nor was there an adequate post-deprivat
• Hollins v. Powell
  773 F.2d 191· 8th Cir.· 1985-09-11 ·cited 38×·via 42 U.S.C. § 1983 Liability
  The court held that a mayor's actions, when taken under the authority of his office, can represent official policy, making the municipality liable under § 1983. The court also found that the damage awards were excessive and ordered a remittitur.
• Kelson v. The City OF Springfield
  767 F.2d 651· 9th Cir.· 1985-08-02 ·cited 38×·via Violation Of 42 U.S.C. § 1983
  Parents possess a constitutionally protected liberty interest in the companionship and society of their child, actionable under 42 U.S.C. § 1983.
• Hewitt v. City OF Truth OR Consequences
  758 F.2d 1375· 10th Cir.· 1985-04-04 ·cited 38×
  The court held that ordinary negligence can support a § 1983 suit, but the facts presented could also support a finding of gross negligence or wanton conduct.
• Ezzat E. Majd-Pour v. Georgiana Cmty. Hosp., Inc.
  724 F.2d 901· 11th Cir.· 1984-02-06 ·cited 38×
  The court held that while the denial of a temporary restraining order was proper due to lack of demonstrated jurisdiction, the case should not have been dismissed for lack of subject matter jurisdiction without affording the plaintiff an opportunity for discovery.
• Jones v. Mabry
  723 F.2d 590· 8th Cir.· 1983-11-30 ·cited 38×·via Violation Of 42 U.S.C. § 1983
  The dissenting judge would dismiss the case as moot because the issues are no longer live due to new regulations and the removal of the challenged classification and restrictions.
• Keniston v. Roberts
  717 F.2d 1295· 9th Cir.· 1983-10-05 ·cited 38×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff's allegations were sufficient to invoke federal jurisdiction for a due process claim, and that the district court abused its discretion by denying leave to amend the complaint.
• Hull v. City OF Duncanville
  678 F.2d 582· 5th Cir.· 1982-06-16 ·cited 38×
  A municipality's negligent failure to enforce its own ordinance or maintain a crossing does not rise to the level of a constitutional tort actionable under 42 U.S.C. § 1983.
• Glass v. Pfeffer
  657 F.2d 252· 10th Cir.· 1981-08-03 ·cited 38×·via Violation Of 42 U.S.C. § 1983
  The court held that an appeal is timely if filed within 30 days of the final order deciding all issues, including attorneys' fees, and that attorneys' fees cannot be assessed against counsel under 28 U.S.C. § 1927 without notice and a hearing.
• Lutcher v. Musicians Union Local 47
  633 F.2d 880· 9th Cir.· 1980-12-08 ·cited 38×·via Violation Of 42 U.S.C. § 1983
  The court held that a plaintiff's status as an independent contractor does not preclude a Title VII claim against a union for interfering with employment opportunities, and that a genuine issue of material fact existed regarding the School District's motive for contract non-renew
• McGRUDER v. Phelps
  608 F.2d 1023· 5th Cir.· 1979-12-26 ·cited 38×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in dismissing the complaint because the facts alleged regarding prolonged confinement and lack of outdoor exercise may constitute an Eighth Amendment violation.
• Bertot v. Sch. Dist. NO. 1
  613 F.2d 245· 10th Cir.· 1979-11-26 ·cited 38×·via 42 U.S.C. § 1983 Liability For Municipalities
  The dissenting judge would affirm the district court's judgment, finding the Board entitled to immunity based on good faith.
• McNAMARA v. Moody
  606 F.2d 621· 5th Cir.· 1979-11-15 ·cited 38×·via 42 U.S.C. § 1983 Liability
  The court held that an award of attorney's fees against an official in their individual capacity requires a finding of bad faith, absent clear Congressional intent otherwise.
• Mrs. Patsy Ruth White v. Dallas Indep. Sch. Dist.
  581 F.2d 556· 5th Cir.· 1978-10-06 ·cited 38×·via Violation Of 42 U.S.C. § 1983
• Page v. Preisser
  585 F.2d 336· 8th Cir.· 1978-10-02 ·cited 38×
  The court held that the Iowa regulations restricting access to AFDC case files contravene federal regulations and are void under the supremacy clause.
• Matilde R. Ramirez de Arellano v. de Choudens
  575 F.2d 315· 1st Cir.· 1978-05-10 ·cited 38×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  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.
• Herrmann v. Moore
  576 F.2d 453· 2d Cir.· 1978-05-10 ·cited 38×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to demonstrate that the defendants acted under color of state law to deprive him of constitutional rights, or that they conspired with the requisite discriminatory animus for § 1985 claims.
• Kimbrough v. Ark. Activities Ass'n
  574 F.2d 423· 8th Cir.· 1978-04-18 ·cited 38×·via Violation Of 42 U.S.C. § 1983
  The court held that a plaintiff who obtains interim relief on a non-constitutional ground can be considered a prevailing party eligible for attorney's fees under 42 U.S.C. § 1988.
• Eskel Norbeck v. Davenport Cmty. Sch. Dist.
  545 F.2d 63· 8th Cir.· 1976-11-29 ·cited 38×·via Violation Of 42 U.S.C. § 1983
• Scott v. Plante
  532 F.2d 939· 3d Cir.· 1976-03-29 ·cited 38×
  The court held that the district court improperly dismissed the plaintiff's claims, including those regarding involuntary medication, confinement without treatment, physical conditions, unconstitutional confinement, and procedural issues in hearings, and that the plaintiff's requ
• Garland M. Fitzpatrick v. Bitzer
  519 F.2d 559· 2d Cir.· 1975-06-02 ·cited 38×
  The Eleventh Amendment bars a federal court from awarding retroactive monetary damages against a state, but it does not bar an award of attorneys' fees that are ancillary to permissible prospective injunctive relief.
• Drexler v. Sw. Dubois Sch. Corp.
  504 F.2d 836· 7th Cir.· 1974-10-15 ·cited 38×·via 42 U.S.C. § 1983 Action
  The dissenting judge believes the District Judge's decision should be affirmed.
• Taylor v. Perini
  503 F.2d 899· 6th Cir.· 1974-10-03 ·cited 38×
  The court held that the Eleventh Amendment bars suits against the State and its superintendent, and that the Attorney General cannot waive sovereign immunity. Personal liability for the superintendent requires a finding of bad faith.