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

• Murphy v. City OF Flagler Beach
  761 F.2d 622· 11th Cir.· 1985-05-28 ·cited 33×
  The court held that the trial judge erred in excluding relevant evidence and making prejudicial comments, requiring a retrial on the issue of the police chief's good faith and justification for termination. The court also found that the city was not vicariously liable for illegal
• White Mountain Apache Tribe v. Williams
  810 F.2d 844· 9th Cir.· 1984-02-07 ·cited 33×
  A preemption claim under the Supremacy Clause, based on federal occupation of a field or conflict with federal goals, does not give rise to a claim cognizable under 42 U.S.C. § 1983, and therefore does not support an award of attorney's fees under 42 U.S.C. § 1988.
• Bradbury v. Louie L. Wainwright
  718 F.2d 1538· 11th Cir.· 1983-11-07 ·cited 33×
  Summary judgment was inappropriate because genuine issues of material fact remain regarding whether the prison's marriage regulation is rationally related to legitimate penological interests and is no broader than necessary.
• Huebschen v. Dep't OF Health & Soc. Servs. & Jacquelyn Rader
  716 F.2d 1167· 7th Cir.· 1983-09-13 ·cited 33×
  A plaintiff cannot bring a claim under 42 U.S.C. § 1983 based on Title VII against an individual who could not be sued directly under Title VII. The Equal Protection Clause requires intentional discrimination based on class membership, not personal animus.
• Edgardo A. Gonzalez, Jr. v. C.Y. Benavides, Jr.
  712 F.2d 142· 5th Cir.· 1983-08-15 ·cited 33×
  The court held that the trial court erred by not considering the governmental interest in loyalty from high-level, policy-implementing public employees, and remanded for a determination of whether this interest was implicated and to weigh it against the employee's speech.
• Howard v. King
  707 F.2d 215· 5th Cir.· 1983-06-16 ·cited 33×
  The court held that the inmates' allegations of extreme exhaustion, pain, and torture due to excessive work hours stated a claim under the Eighth Amendment, and the district court erred in dismissing the suit and denying in forma pauperis status.
• Milonas v. Williams
  691 F.2d 931· 10th Cir.· 1982-09-13 ·cited 33×
  The court held that the district court did not err in granting class certification and finding that the private school's actions were taken under color of state law for Section 1983 purposes.
• Zeigler v. Jackson
  638 F.2d 776· 5th Cir.· 1981-03-02 ·cited 33×·via Violation Of 42 U.S.C. § 1983
  The court held that the Commission's termination of Zeigler violated his right to equal protection because similarly situated individuals with similar or more serious convictions were retained, and the Commission failed to provide a rational justification for the differential tre
• Pamel Corp. v. The Puerto RICO Hwy. Auth.
  621 F.2d 33· 1st Cir.· 1980-05-22 ·cited 33×
  The court held that a complaint seeking damages for inverse condemnation due to zoning reclassification fails to state a claim, as the proper remedy is to void the restriction, not award damages.
• Slyvester Harris v. Harvey
  605 F.2d 330· 7th Cir.· 1979-08-20 ·cited 33×·via Violation Of 42 U.S.C. § 1983
  A judge's extrajudicial acts, motivated by racial animus and performed under color of law, are not protected by judicial or prosecutorial immunity and can form the basis of an equal protection claim under 42 U.S.C. § 1983.
• White v. Scrivner Corp.
  594 F.2d 140· 5th Cir.· 1979-04-30 ·cited 33×
  The court held that the store employees' actions in detaining and searching the plaintiffs did not constitute state action, and therefore did not violate their constitutional rights under 42 U.S.C. § 1983.
• Norris v. Frame
  585 F.2d 1183· 3d Cir.· 1978-10-31 ·cited 33×·via Violation Of 42 U.S.C. § 1983
  The court held that discontinuing a medically accepted course of treatment for a pretrial detainee, without demonstrating a legitimate security concern or administrative necessity, violates the detainee's due process rights.
• United States ex rel. George Simmons v. Mr. Robert J. Zibilich
  542 F.2d 259· 5th Cir.· 1976-11-11 ·cited 33×·via 42 U.S.C. § 1983 Liability
  A court-appointed volunteer attorney is not liable under 42 U.S.C. § 1983 for malpractice-type actions or omissions because their conduct is not "under color of state law."
• Eichler O. Kelly v. Springett
  527 F.2d 1090· 9th Cir.· 1975-09-05 ·cited 33×·via 42 U.S.C. § 1983 Action
  The court held that the district court properly granted summary judgment because the appellant's claim was essentially a tax refund action barred by 28 U.S.C. § 1341, and he failed to present specific facts showing a genuine issue for trial.
• Harrison J. Cheramie, Jr. v. Honorable Ben N. Tucker
  493 F.2d 586· 5th Cir.· 1974-05-02 ·cited 33×
  State agencies and judges are immune from suit under 42 U.S.C. § 1983 for actions taken in their official capacities, and prior litigation bars relitigation of the underlying negligence claim.
• de Vita v. Sills
  422 F.2d 1172· 3d Cir.· 1970-03-09 ·cited 33×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court had jurisdiction under 42 U.S.C. § 1983 to enjoin state proceedings and that abstention was inappropriate, but the plaintiff's claims regarding self-incrimination, prejudicial publicity, and denial of effective counsel were not grounds for i
• Jenne v. Maranto
  825 So. 2d 409· Fla. 4th DCA· 2002-05-08 ·cited 32×
  A Sheriff of Broward County appealed the trial court's denial of his Eleventh Amendment immunity claim in an Equal Pay Act lawsuit brought by a female employee. The court held that the Sheriff, as a county official, is not an arm of the State entitled to Eleventh Amendment protec
• D.R. v. Middle Bucks Area Vocational Tech. Sch.
  972 F.2d 1364· 3d Cir.· 1992-08-11 ·cited 32×
  The court held that compulsory school attendance, the minority status of students, and the pervasive control schools exercise over students create a special relationship that imposes a constitutional duty on schools to protect students' liberty interests while in their functional
• Auriemma v. Rice
  910 F.2d 1449· 7th Cir.· 1990-08-20 ·cited 32×·via Violation Of 42 U.S.C. § 1983
  The dissenting judges would reverse the district court's denial of summary judgment on the race discrimination and retaliation claims, arguing that qualified immunity should apply and the retaliation claim does not involve a matter of public concern.
• Professor Ernest F. Dube v. The State Univ. OF NEW York
  900 F.2d 587· 2d Cir.· 1990-04-12 ·cited 32×·via 42 U.S.C. § 1983 Liability
  The court held that the district court did address the qualified immunity defense, establishing appellate jurisdiction.
• Gutierrez-Rodriguez v. Desiderio Cartagena and Domingo Alvarez
  882 F.2d 553· 1st Cir.· 1989-08-11 ·cited 32×
  The court held that there was sufficient evidence to support the jury's findings of liability under 42 U.S.C. § 1983 against both the individual officers who fired shots and their supervisors, based on reckless or callous indifference to the plaintiff's constitutional rights.
• Pugh v. Parish OF ST. Tammany
  875 F.2d 436· 5th Cir.· 1989-05-31 ·cited 32×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a complaint filed in forma pauperis is not automatically frivolous for failing to state a claim, but this complaint was still properly dismissed as frivolous due to prosecutorial immunity and lack of arguable basis in law or fact.
• Wilkins v. MAY
  872 F.2d 190· 7th Cir.· 1989-04-07 ·cited 32×
  The court held that a claim for severe mental distress inflicted during custodial interrogation, even if not rising to the level of a Fourth Amendment violation, can be actionable under the Due Process Clause.
• Specht v. Jensen
  853 F.2d 805· 10th Cir.· 1988-08-03 ·cited 32×
  An attorney, called as an expert witness, cannot state his views of the law governing the verdict or opine whether a defendant's conduct violated that law, as such testimony is beyond the scope of Fed.R.Evid. 702 and usurps the court's function.
• Perez v. Ortiz
  849 F.2d 793· 2d Cir.· 1988-06-27 ·cited 32×
  The court held that the district court abused its discretion by sua sponte dismissing pendent state law claims and official capacity claims without notice or an opportunity to be heard, and without proper Rule 54(b) certification.
• McDONALD v. Hillsborough Cnty. Sch. Bd.
  821 F.2d 1563· 11th Cir.· 1987-07-21 ·cited 32×
  The court held that the plaintiff's federal lawsuit was barred by res judicata because the claims and parties were identical or in privity with those previously litigated in Florida state court.
• Serio v. Members OF La. State Bd. OF Pardons
  821 F.2d 1112· 5th Cir.· 1987-07-17 ·cited 32×
  Members of the Louisiana State Board of Pardons are absolutely immune from § 1983 damages claims. Claims for injunctive relief that are essentially attacks on a single parole hearing require exhaustion of state habeas corpus remedies.
• Poole v. Lambert
  819 F.2d 1025· 11th Cir.· 1987-06-19 ·cited 32×·via 42 U.S.C. § 1983 Action
  The court held that dismissing a prisoner's case for failure to prosecute was an unduly severe sanction when the district court failed to rule on the motion for appointment of counsel and did not consider all relevant factors before denying a writ of habeas corpus ad testificandu
• Cabell v. Petty
  810 F.2d 463· 4th Cir.· 1987-02-05 ·cited 32×
  The court held that the plaintiffs' attorney did not violate Rule 11 by filing the complaint.
• Schwartz v. Fla. Bd. OF Regents
  807 F.2d 901· 11th Cir.· 1987-01-13 ·cited 32×
  The court held that the district court erred in its application of a revised statistical formula to determine pay disparity and that the settlement agreement did not waive future claims of discrimination.
• Hinshaw v. Doffer
  785 F.2d 1260· 5th Cir.· 1986-03-28 ·cited 32×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the evidence was insufficient to support a judgment against the police chief for failure to supervise or train the officer, but sufficient to support judgments against the officer for false arrest and excessive force. The court also held that the officer is fu
• Wheeler v. Mental Health & Mental Retardation Auth. OF Harris Cnty.
  752 F.2d 1063· 5th Cir.· 1985-02-11 ·cited 32×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff was denied constitutional procedural due process when she was not given prior written notice of dismissal reasons and an opportunity to respond, but that she did not establish a violation of MHMRA's internal procedures. The court also vacated the
• Milan Schultz v. Baumgart
  738 F.2d 231· 7th Cir.· 1984-07-02 ·cited 32×·via 42 U.S.C. § 1983 Claim For Damages
  A public employee with a property interest in their job must receive prior notice and a meaningful opportunity to respond before termination; post-termination remedies do not cure a pre-termination due process violation if pre-termination procedures were practicable. Individual l
• Bella Oberlander and Sandor Oberlander v. Perales
  740 F.2d 116· 2d Cir.· 1984-06-29 ·cited 32×
  The court held that a state Medicaid provider's claim that state officials violated federal law by failing to comply with state regulations is not actionable under 42 U.S.C. § 1983, and that available state procedures provided sufficient due process for recoupment of overpayments
• Thomas v. Eristus Sams
  734 F.2d 185· 5th Cir.· 1984-05-29 ·cited 32×
  The court held that while the mayor/magistrate was immune for judicial acts, his prior non-judicial acts of investigation and complaint issuance, done with malice, were not shielded by judicial immunity. The city was liable because the mayor's actions represented official city po
• O'Bryan v. McKASKLE
  729 F.2d 991· 5th Cir.· 1984-03-29 ·cited 32×
  The court denied the applications for a stay of execution and a certificate of probable cause, finding the movant failed to make a substantial showing of the denial of a federal right.
• Brandon v. Allen
  719 F.2d 151· 6th Cir.· 1983-10-11 ·cited 32×·via 42 U.S.C. § 1983 Liability
  The court held that Director Chapman is entitled to qualified immunity and reversed the finding of liability against him, but remanded the case to recalculate damages against Officer Allen to include dignitary harm.
• Boatowners & Tenants Ass'n, Inc. v. Port OF Seattle
  716 F.2d 669· 9th Cir.· 1983-09-22 ·cited 32×·via 42 U.S.C. § 1983 Cause Of Action
  The court held that the River and Harbor Improvements Act does not create enforceable federal rights for pleasure craft owners, thus precluding a cause of action under 42 U.S.C. § 1983.
• R.W.T. v. The Honorable Donald E. Dalton
  712 F.2d 1225· 8th Cir.· 1983-07-11 ·cited 32×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  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
• Bayron v. Correctional Officer Trudeau and Correctional Counselor G. Petrushun
  702 F.2d 43· 2d Cir.· 1983-02-25 ·cited 32×
  The court held that the district court's sua sponte dismissal of the prisoner's complaint without service of process was premature.
• S. JAM, Inc. v. Robinson
  675 F.2d 94· 5th Cir.· 1982-05-06 ·cited 32×·via § 1983
  The court held that res judicata applies to § 1983 actions when parties had a full and fair opportunity to litigate their claims in prior state court proceedings.
• Hershel Hiram McKNIGHT v. Blanchard
  667 F.2d 477· 5th Cir.· 1982-02-08 ·cited 32×
  An order indefinitely staying a civil trial until a prisoner plaintiff is released from incarceration is appealable under the 'death knell' doctrine, and such a stay is an abuse of discretion if indefinite and without justification.
• Clark v. The City OF LOS Angeles
  650 F.2d 1033· 9th Cir.· 1981-07-13 ·cited 32×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the admission of a diary as evidence was reversible error because it was not a business record or recorded recollection and was highly prejudicial. The court also affirmed the denial of the motion to declare the zoning ordinance unconstitutional.
• Rubin v. O'Koren
  644 F.2d 1023· 5th Cir.· 1981-05-11 ·cited 32×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's cause of action was timely because the alleged civil rights violations continued until the university grievance committee upheld her dismissal.
• Coen v. The Harrison Cnty. Sch. Bd. el al.
  638 F.2d 24· 5th Cir.· 1981-02-23 ·cited 32×
  The court held that plaintiffs who obtained what they sought through voluntary compliance after filing suit, rather than through litigation, did not prevail for purposes of attorney's fees under 42 U.S.C. § 1988.
• Mary AND Crystal v. Ramsden
  635 F.2d 590· 7th Cir.· 1980-11-21 ·cited 32×
  The court held that the trial court did not err in its jury instructions regarding cruel and unusual punishment and good faith, and that the evidence supported the jury's findings on liability and damages, but affirmed the reduction in attorney fees.
• Slotnick v. Garfinkle
  632 F.2d 163· 1st Cir.· 1980-10-14 ·cited 32×
  The court held that the plaintiff's claims were properly dismissed due to lack of state action, insufficient factual allegations of conspiracy, and judicial immunity for judicial officers and those acting under their orders.
• Cole v. Cole
  633 F.2d 1083· 4th Cir.· 1980-10-09 ·cited 32×·via Violation Of 42 U.S.C. § 1983
  The court held that the domestic relations exception to diversity jurisdiction does not bar claims for torts like malicious prosecution or arson, even if arising from a marital dispute, and that summary judgment was improperly granted where genuine issues of material fact existed
• Ent. Concepts, Inc., III v. MacIejewski
  631 F.2d 497· 7th Cir.· 1980-09-23 ·cited 32×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that the Village's adult movie zoning ordinance was unconstitutionally vague and an impermissible prior restraint, and the license revocation ordinance lacked sufficient procedural protections and constituted an unconstitutional prior restraint. The court reversed
• Gurmankin v. Costanzo
  626 F.2d 1115· 3d Cir.· 1980-06-30 ·cited 32×·via Section 1983
  The majority opinion awarded additional backpay to Ms. Gurmankin for the period 1970-1976, importing a Title VII presumption into a Section 1983 claim.