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

• Stuart M. Christhilf, Jr., M.D. v. The Annapolis Emergency Hosp. Ass'n, Inc.
  496 F.2d 174· 4th Cir.· 1974-04-23 ·cited 38×·via Violation Of 42 U.S.C. § 1983
  The court held that the hospital board denied the physician procedural due process by limiting his ability to defend against past infractions considered as 'historical background' rather than examining their merits.
• Raper v. Lucey
  488 F.2d 748· 1st Cir.· 1973-12-11 ·cited 38×
  The court held that the failure to provide reasons for denying a motor vehicle license application and the failure to publish the Board of Appeal's policies violate procedural due process.
• Cruz v. Lyman Cardwell
  486 F.2d 550· 8th Cir.· 1973-10-31 ·cited 38×
  The court held that the pro se complaint stated a claim for relief under 42 U.S.C. § 1983 and should not have been dismissed at the pleading stage.
• Lynch v. Snepp
  472 F.2d 769· 4th Cir.· 1973-01-26 ·cited 38×
  A federal court should not grant a preliminary injunction to restrain a state civil proceeding unless the federal plaintiff demonstrates great and immediate irreparable injury that cannot be remedied by the state court.
• Ihrke v. N. States Power Co.
  459 F.2d 566· 8th Cir.· 1972-05-03 ·cited 38×·via Violation Of 42 U.S.C. § 1983
• Nationwide Amusements, Inc. v. Nattin
  452 F.2d 651· 4th Cir.· 1971-12-09 ·cited 38×·via § 1983 Suit
  The court held that the district court erred in dismissing the case on the merits when it was before the court only on a motion for a preliminary injunction, without adequate notice to the parties.
• Coppinger v. Gene Townsend, M.D.
  398 F.2d 392· 10th Cir.· 1968-07-24 ·cited 38×
  The court held that a prisoner's complaint alleging inadequate medical care, rather than total denial, does not state a claim under 42 U.S.C. § 1983.
• J.O. and P.O. v. Alton Cmty. Unit Sch. Dist. 11
  909 F.2d 267· 7th Cir.· 1990-08-03 ·cited 37×
  The court held that it has jurisdiction to review both the dismissal of federal claims and the remand of pendent state claims, and that the plaintiffs should have been allowed to amend their complaint.
• Morales v. Merritt Stierheim
  848 F.2d 1145· 11th Cir.· 1988-07-07 ·cited 37×
  The court held that while the employee's statements touched upon matters of public concern, the employer's interest in efficient public service and maintaining working relationships outweighed the employee's free speech rights, justifying the reassignment.
• Rinker v. Cnty. OF Napa
  831 F.2d 829· 9th Cir.· 1987-10-22 ·cited 37×·via Violation Of 42 U.S.C. § 1983
  The court held that the jury instructions for the § 1983 claim were erroneous because they allowed liability based on mere negligence, contrary to Supreme Court precedent. Therefore, the denial of the motion for judgment notwithstanding the verdict was reversed.
• Ipcia M. Kercado-Melendez v. Awilda Aponte-Roque
  829 F.2d 255· 1st Cir.· 1987-09-22 ·cited 37×
  The court held that the plaintiff was in the midst of administrative proceedings when she filed her federal suit, and thus should have exhausted state remedies before proceeding in federal court.
• Ill. Psychological Ass'n v. Falk
  818 F.2d 1337· 7th Cir.· 1987-05-12 ·cited 37×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiffs failed to demonstrate a sufficient likelihood of success on the merits to warrant a preliminary injunction against state regulation, and thus the denial of the injunction was proper.
• Bergquist v. Cnty. OF Cochise
  806 F.2d 1364· 9th Cir.· 1986-12-23 ·cited 37×
  The court held that officers are not per se shielded from liability by a magistrate's issuance of a warrant and that a policy of gross negligence in training or supervision can give rise to § 1983 liability.
• Thorne v. City OF EL Segundo
  802 F.2d 1131· 9th Cir.· 1986-10-20 ·cited 37×
  The court held that the district court erred in limiting backpay to the date of resignation and that the § 1983 claim was barred by qualified immunity because the right to privacy regarding off-duty sexual conduct was not clearly established at the time of the violation.
• Trotter v. Klincar
  748 F.2d 1177· 7th Cir.· 1984-11-27 ·cited 37×·via § 1983
  The court held that parole officials are entitled to absolute quasi-judicial immunity for actions related to parole revocation procedures, and that the plaintiff failed to preserve his class action claims by not seeking timely certification.
• McFADDEN v. Lucas
  713 F.2d 143· 5th Cir.· 1983-09-01 ·cited 37×
  The court held that the plaintiff's complaint failed to state an arguable violation of his Eighth Amendment rights and that the district court did not abuse its discretion in denying his motion to intervene in a related class action. The dismissal of damages claims was affirmed,
• Daniels v. Williams
  720 F.2d 792· 4th Cir.· 1983-08-24 ·cited 37×
  The Parratt analysis applies to negligent deprivations of nonproperty interests, and Virginia's common law negligence action provides a meaningful postdeprivation remedy, thus no procedural due process violation occurred.
• Pace v. Evans
  709 F.2d 1428· 11th Cir.· 1983-07-18 ·cited 37×
  The court held that the district court erred in dismissing the prisoner's complaint and denying his motion to proceed in forma pauperis, as the complaint alleged facts that, if proven, might entitle him to relief.
• Berdin v. Duggan
  701 F.2d 909· 11th Cir.· 1983-04-01 ·cited 37×
  A public employee's speech concerning the condition of public services is constitutionally protected, and a mayor is not entitled to qualified immunity for firing an employee for such speech if the law was clearly established.
• Ealy v. Talmadge Littlejohn
  569 F.2d 219· 5th Cir.· 1978-03-08 ·cited 37×·via 42 U.S.C. § 1983 Action
• Rancho Palos Verdes Corp. v. City OF Laguna Beach
  547 F.2d 1092· 9th Cir.· 1976-12-28 ·cited 37×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court did not err in abstaining from exercising federal jurisdiction while retaining jurisdiction over federal claims pending resolution of state law issues in state court.
• Hoitt v. Vitek
  497 F.2d 598· 1st Cir.· 1974-05-16 ·cited 37×
  The court held that while indefinite lockups may violate constitutional rights, the warden's good-faith belief in an emergency, coupled with a lack of clear legal standards for such situations, justified dismissal of the prisoners' damage claims.
• McDOWELL v. The State OF Tex.
  465 F.2d 1342· 5th Cir.· 1971-05-06 ·cited 37×
  A state employee's discharge for violating state law, without more, does not present a federal question cognizable under 42 U.S.C.A. § 1983, and a claim of slander per se is defeated by qualified privilege absent malice.
• Meredith v. Fair
  298 F.2d 696· 5th Cir.· 1962-01-12 ·cited 37×·via Violation Of 42 U.S.C. § 1983
• Levine v. Kaplan
  687 So. 2d 863· Fla. 5th DCA· 1997-01-17 ·cited 36×·via Violation Of 42 U.S.C. § 1983
  A lawsuit is properly dismissed for failure to prosecute under Florida Rule 1.420(e) when there is no record activity for one year and the plaintiff fails to show good cause, which requires proof of a compelling reason preventing active prosecution rather than mere assertions of
• Edwrick Fowler v. Jones
  899 F.2d 1088· 11th Cir.· 1990-04-30 ·cited 36×
  The dissenting judge would affirm the district court's judgment, disagreeing with the majority's conclusions on two points.
• Michenfelder v. Sumner
  860 F.2d 328· 9th Cir.· 1988-10-26 ·cited 36×·via 42 U.S.C. § 1983 Action
  The court held that the prison's strip search policy and taser use policy were reasonably related to legitimate penological interests and did not violate the Fourth or Eighth Amendments. Procedural claims were also found meritless.
• Meehan v. Cnty. OF LOS Angeles
  856 F.2d 102· 9th Cir.· 1988-09-07 ·cited 36×·via 42 U.S.C. § 1983 Liability
  The court held that the notice of appeal was insufficient to bring claims of Michael Meehan and Keith Mauldin before the court, and that the directed verdicts in favor of Buhler and the County were proper due to lack of evidence of direct involvement or policy.
• Loudermill v. Cleveland Bd. OF Educ.
  844 F.2d 304· 6th Cir.· 1988-04-06 ·cited 36×
  The court held that the Board of Education could assert its pretermination defense for the first time on remand, and that the pretermination procedures provided to Loudermill satisfied due process requirements. The court also affirmed the award of attorneys' fees to Loudermill as
• Schlegel v. Bebout
  841 F.2d 937· 9th Cir.· 1988-03-08 ·cited 36×
  The dissent argues that state Public Utilities Commission members should be afforded absolute prosecutorial immunity, not qualified immunity, for their actions related to audits and cease and desist letters.
• Brennan v. Stewart
  834 F.2d 1248· 5th Cir.· 1988-01-07 ·cited 36×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in dismissing Brennan's claims for prospective relief against the Board members in their official capacities due to the Eleventh Amendment, but affirmed the dismissal of his constitutional claims on the merits.
• Duggan v. Bd. OF Educ. OF E. Chicago Heights
  818 F.2d 1291· 7th Cir.· 1987-04-24 ·cited 36×·via Section 1983
  Unreviewed factual findings of a state or local agency should not be given preclusive effect in a subsequent suit brought under the Age Discrimination in Employment Act (ADEA).
• The Interface Grp., Inc. v. Mass. Port Auth.
  816 F.2d 9· 1st Cir.· 1987-03-30 ·cited 36×
  The court held that Massport is immune from antitrust liability under the state action doctrine and that two federal aviation statutes do not provide a private right of action, but one statute does.
• Rosado v. Zayas
  813 F.2d 1263· 1st Cir.· 1987-03-10 ·cited 36×
  The court held that it was not clearly established that the plaintiffs' positions were protected from politically motivated demotion, thus entitling defendants to qualified immunity on damage claims.
• Hiawatha Nash v. Black
  781 F.2d 665· 8th Cir.· 1986-01-17 ·cited 36×·via 42 U.S.C. § 1983 Claim For Denial Of Due Process
  The court held that an inmate has no protected liberty interest in a furlough or transfer, but a claim of discrimination based on disparate treatment of other inmates with similar convictions was not frivolous and should not have been dismissed.
• Hameetman v. The City OF Chicago
  776 F.2d 636· 7th Cir.· 1985-09-30 ·cited 36×·via Violation Of 42 U.S.C. § 1983
• Zelma Jones v. Phyfer
  761 F.2d 642· 11th Cir.· 1985-05-28 ·cited 36×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to establish a "special relationship" required to impose a constitutional duty on the state to protect her from the criminal acts of a third party, thus affirming the dismissal.
• Whitehorn v. E.L. Harrelson
  758 F.2d 1416· 11th Cir.· 1985-04-25 ·cited 36×
  A prisoner's continued participation in a work release program may implicate a constitutionally protected liberty interest if state statutes, regulations, or practices create substantive limitations on the discretion to revoke that participation.
• Cameo Convalescent Ctr., Inc. v. Senn
  738 F.2d 836· 7th Cir.· 1984-06-29 ·cited 36×
  The court held that the district court erred by failing to instruct the jury on the plaintiffs' conspiracy theory, requiring a new trial. It also held that the individual plaintiffs' claims were properly dismissed and that Darla Senn's actions, while potentially constituting comm
• Noe Villanueva v. McINNIS
  723 F.2d 414· 5th Cir.· 1984-01-23 ·cited 36×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  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.
• Lerwill v. Joslin
  712 F.2d 435· 10th Cir.· 1983-07-11 ·cited 36×·via 42 U.S.C. § 1983 Liability
  A prosecutor is absolutely immune from a section 1983 suit for damages when initiating a prosecution under statutes he is not authorized to invoke, provided he was arguably empowered to prosecute the conduct and the invoked statute arguably applies to the conduct.
• Ware v. Reed
  709 F.2d 345· 5th Cir.· 1983-07-11 ·cited 36×·via Violation Of 42 U.S.C. § 1983
  The court held that the jury instructions on the plaintiff's federal claims were deficient and misleading, requiring reversal and a new trial.
• Childs v. Duckworth
  705 F.2d 915· 7th Cir.· 1983-04-20 ·cited 36×
  The court should remand the case for appointment of counsel and retrial due to the complexity and first impression nature of the constitutional issue regarding Satanism in a prison context.
• Cheyney State Coll. Faculty & E. Sonny Harris & Arthur M. Bagley & Ernest Berry v. Hufstedler
  703 F.2d 732· 3d Cir.· 1983-03-30 ·cited 36×·via Violation Of 42 U.S.C. § 1983
  A district court's stay order pending administrative proceedings is not a final decision and thus not immediately appealable under 28 U.S.C. § 1291, but may be reviewed via writ of mandamus if the district court clearly abused its discretion.
• Rogers v. Scurr
  676 F.2d 1211· 8th Cir.· 1982-05-05 ·cited 36×·via 42 U.S.C. § 1983 Liability
  The court held that prison officials are entitled to broad discretion in matters of prison security and administration, and injunctions should not be imposed without a clear showing of constitutional deprivation or a real and immediate threat thereof.
• Stevens v. Heard
  674 F.2d 320· 5th Cir.· 1982-04-23 ·cited 36×
  The court held that a Certificate of Probable Cause, timely received by the clerk but not filed within 30 days, could suffice as a notice of appeal if it clearly evinced intent to appeal, allowing the court to reach the merits. It also held that claims challenging the fact or len
• Couf v. Karleen DeBLAKER
  652 F.2d 585· 5th Cir.· 1981-08-07 ·cited 36×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiffs failed to establish a federal cause of action based on the city's zoning decisions, as the state court's finding of procedural error did not equate to a finding of arbitrary or irrational zoning under federal law, and there was insufficient evid
• Strecker v. Grand Forks Cnty. Soc. Serv. Bd.
  640 F.2d 96· 8th Cir.· 1980-12-31 ·cited 36×
  The court affirmed the district court's judgment, holding that the employer proved the pay disparity was based on factors other than sex, specifically a neutral classification system.
• Williams v. Rhoden
  629 F.2d 1099· 5th Cir.· 1980-11-06 ·cited 36×·via 42 U.S.C. § 1983 Liability
  The court held that the district court erred in dismissing a prisoner's Section 1983 complaint without service of process and in applying the wrong statute of limitations to the conspiracy claim.
• Atcherson v. Honorable Judge John Siebenmann
  605 F.2d 1058· 8th Cir.· 1979-09-13 ·cited 36×
  The court held that the judge was not protected by absolute immunity and that attorney's fees should not be reduced due to representation by a public interest group.