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

• Benson v. Allphin
  786 F.2d 268· 7th Cir.· 1986-03-10 ·cited 118×·via 42 U.S.C. § 1983 Action
  The court held that the defendant's failure to move for a directed verdict at the close of all evidence did not waive their right to move for judgment notwithstanding the verdict on qualified immunity grounds. It also held that the plaintiff's claims regarding pre-termination in-
• Smith v. Cremins
  308 F.2d 187· 9th Cir.· 1962-09-20 ·cited 118×·via Violation Of 42 U.S.C. § 1983
  The court held that the complaint stated a claim under 42 U.S.C.A. § 1983 and that the "liability created by statute" limitation period applied.
• Jordan v. Ga. Dep't of Corr.
  947 F.3d 1322· 11th Cir.· 2020-01-10 ·cited 117×
  Mississippi death row inmates Richard Jordan and Ricky Chase sought information about Georgia's lethal injection drug supplier through a subpoena, arguing it was relevant to their Eighth Amendment challenge to Mississippi's execution protocol and would demonstrate a feasible alte
• Cate v. Oldham
  707 F.2d 1176· 11th Cir.· 1983-06-02 ·cited 117×·via 42 U.S.C. § 1983 Action
  The court held that the Eleventh Amendment bars suits against the State of Florida in federal court, but granted preliminary injunctive relief against the State Attorney pending certification of state law questions to the Florida Supreme Court.
• Elling O. Eide v. Sarasota Cnty.
  908 F.2d 716· 11th Cir.· 1990-08-08 ·cited 116×
  The court concurred with the majority's framework for analyzing ripeness issues in zoning cases, but emphasized the need for greater deference to trial court factual determinations.
• Henzel v. Gerstein
  608 F.2d 654· 5th Cir.· 1979-12-21 ·cited 116×·via 42 U.S.C. § 1983 Liability
  The court held that prosecutors, judges, and supervisory officials are immune from § 1983 liability for actions within their official capacities, and that private citizens cannot be held liable for conspiracy with immune officials based on derivative immunity. The § 1985 claim fa
• Sims v. Adams
  537 F.2d 829· 5th Cir.· 1976-08-25 ·cited 116×·via 42 U.S.C. § 1983 Liability
  The court held that a complaint alleging supervisory defendants breached a duty owed to the plaintiff, causing constitutional injury, states a claim under 42 U.S.C. § 1983, and dismissal for failure to state a claim was improper.
• Briggs v. Goodwin
  569 F.2d 10· D.C. Cir.· 1977-09-21 ·cited 115×·via 42 U.S.C. § 1983 Liability
  The court held that a prosecutor acting as a witness in a courtroom, answering a judge's question, is performing a function intimately associated with the judicial process and is therefore entitled to absolute immunity from civil suit.
• Samuel W. Brown, M.D. v. Fed'n OF State Med. Bds. OF THE United States
  830 F.2d 1429· 7th Cir.· 1987-09-22 ·cited 114×·via Violation Of 42 U.S.C. § 1983
  The court held that while the district court correctly imposed Rule 11 sanctions, it abused its discretion by failing to specify the basis and computation of the award, requiring a remand for redetermination.
• Taylor v. James G. Ledbetter, PH.D.
  818 F.2d 791· 11th Cir.· 1987-06-09 ·cited 114×
  The court held that the plaintiff failed to state a claim for deliberate indifference under 42 U.S.C. § 1983 because the complaint did not allege facts showing the defendants had actual knowledge of a substantial risk of harm to the child. The court also held that the Georgia fos
• Turpin v. Mailet
  619 F.2d 196· 2d Cir.· 1980-04-08 ·cited 114×·via 42 U.S.C. § 1983 Liability For Municipalities
  The court held that while a municipality's failure to discipline an employee can, in some circumstances, constitute an official policy under 42 U.S.C. § 1983, the evidence presented in this case was insufficient as a matter of law to establish such a policy.
• Wright v. Lanson Newsome
  795 F.2d 964· 11th Cir.· 1986-08-06 ·cited 113×·via 42 U.S.C. § 1983 Action
  The court held that the district court abused its discretion in denying the inmate's motion to amend his complaint and erred in dismissing his claims for procedural due process, access to the courts, and pendent state law claims.
• Procup v. Strickland
  792 F.2d 1069· 11th Cir.· 1986-07-02 ·cited 113×·via 42 U.S.C. § 1983 Action
• United States v. City OF Chicago
  549 F.2d 415· 7th Cir.· 1977-01-11 ·cited 113×·via Violation Of 42 U.S.C. § 1983
  The court held that the withholding of federal revenue sharing funds from the City of Chicago was an improper and improvident exercise of equitable discretion.
• Elenore Pred and Stanley Etersque v. Bd. OF Pub. Instruction OF Dade Cnty.
  415 F.2d 851· 5th Cir.· 1969-09-09 ·cited 112×·via Violation Of 42 U.S.C. § 1983
  A public school may not deny a state-created status, such as tenure, to a teacher solely because of their exercise of First Amendment rights.
• Qaid Rafeeq Azeez and Abdullah Muhammad v. Fairman
  795 F.2d 1296· 7th Cir.· 1986-06-30 ·cited 111×·via Violation Of 42 U.S.C. § 1983
  The dissenting judge believes the damage award to Azeez should be affirmed because prison officials violated his clearly established rights.
• Chauncey L. Moore, Jr. v. The Marketplace Rest., Inc.
  754 F.2d 1336· 7th Cir.· 1985-01-29 ·cited 110×
  The court held that summary judgment should not be granted if the plaintiff alleges an agreement between a private party and law enforcement to violate constitutional rights, and the defendants fail to foreclose the possibility of such an agreement.
• Claudine Hall v. Garson
  430 F.2d 430· 5th Cir.· 1970-07-22 ·cited 110×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court erred in dismissing the case for lack of federal jurisdiction and that a claim was stated under 42 U.S.C. § 1983, but affirmed the refusal to convene a three-judge court.
• Bd. OF Regents OF the State of Fla. v. Snyder
  826 So. 2d 382· Fla. 2d DCA· 2002-07-19 ·cited 109×
  The Board of Regents and individual university administrators appealed the trial court's denial of their motion for summary judgment in a § 1983 civil rights action brought by a tenured professor alleging retaliation for filing ethics complaints. The court granted certiorari and
• Williams v. The City OF Valdosta
  689 F.2d 964· 11th Cir.· 1982-10-21 ·cited 108×·via 42 U.S.C. § 1983 Liability
  The court held that the district court erred in granting judgment notwithstanding the verdict and a new trial, as the plaintiff presented sufficient evidence for a jury to find that his demotion was in retaliation for protected First Amendment activities.
• Fulford v. Klein
  529 F.2d 377· 5th Cir.· 1976-03-25 ·cited 108×
• Carter v. Carlson
  447 F.2d 358· D.C. Cir.· 1971-07-23 ·cited 108×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that supervisory officials are not absolutely immune from suit under 42 U.S.C. § 1983, and that the District of Columbia should share liability for police misconduct.
• Miener v. State OF Mo.
  673 F.2d 969· 8th Cir.· 1982-02-04 ·cited 107×·via Violation Of 42 U.S.C. § 1983
  The court held that a private cause of action for damages exists under Section 504 of the Rehabilitation Act, but not generally under the Education Act, and remanded for further consideration of claims under Section 1983.
• Wilson v. Taylor
  658 F.2d 1021· 5th Cir.· 1981-10-13 ·cited 107×·via Violation Of 42 U.S.C. § 1983
  The court held that a genuine issue of material fact exists regarding the true reason for the plaintiff's discharge, requiring reversal of summary judgment.
• Bridgeport Guardians, Inc. v. Members OF the Bridgeport Civil Serv. Comm'n
  482 F.2d 1333· 2d Cir.· 1973-06-28 ·cited 107×·via Violation Of 42 U.S.C. § 1983
  The court held that while hiring quotas were permissible to remedy past discrimination in police examinations, quotas for promotions above the rank of patrolman constituted an abuse of discretion.
• Wilson v. Beebe
  770 F.2d 578· 6th Cir.· 1985-08-12 ·cited 105×
  Officer Beebe is protected by official immunity under Michigan law because his actions during the arrest were discretionary.
• Bogard v. Cook
  586 F.2d 399· 5th Cir.· 1978-12-15 ·cited 105×
  The court held that prison officials are entitled to qualified immunity and can only be held liable for damages upon a showing of misconduct greater than ordinary negligence. The record supported the trial court's directed verdict for the top prison officials.
• Kletschka v. Driver
  411 F.2d 436· 2d Cir.· 1969-04-22 ·cited 105×
  The court held that material issues of fact exist regarding whether the plaintiff's transfer was disciplinary and thus required a hearing under 38 U.S.C. § 4110, and whether his constitutional due process rights were violated. Summary judgment was reversed in part.
• Patsy v. Fla. Int'l Univ.
  634 F.2d 900· 5th Cir.· 1981-01-22 ·cited 104×
  The court held that exhaustion of adequate state administrative remedies can be a prerequisite to filing a section 1983 suit, departing from a strict no-exhaustion rule.
• Mathas Brown v. City OF Fort Lauderdale
  923 F.2d 1474· 11th Cir.· 1991-02-19 ·cited 103×
  The court held that the plaintiff's allegations were sufficient to withstand a motion to dismiss for claims against the individual defendants based on qualified immunity and against the City for municipal liability under § 1983, and that § 1983 provides the exclusive remedy for §
• Gamble v. The Fla. Dep't OF Health & Rehabilitative Servs.
  779 F.2d 1509· 11th Cir.· 1986-01-14 ·cited 103×
  Florida has not waived its Eleventh Amendment immunity to suit in federal court for damages under 42 U.S.C. § 1983, as its statutory waivers are limited to traditional tort claims or indemnification of officers sued in their individual capacities.
• McKINLEY v. City OF Eloy
  705 F.2d 1110· 9th Cir.· 1983-05-09 ·cited 103×·via 42 U.S.C. § 1983 Liability
  The court held that a probationary public employee's speech on matters of public concern is protected by the First Amendment, and dismissal based on such speech, even without a property interest in the job, entitles the employee to reinstatement and damages.
• Jenkins v. Averett
  424 F.2d 1228· 4th Cir.· 1970-04-20 ·cited 103×
  The court held that the award in damages was inadequate and should be reassessed, but the dissenting judge argued that 42 U.S.C. § 1983 was not a proper basis for recovery in this negligence case.
• Greason v. Kemp
  891 F.2d 829· 11th Cir.· 1990-01-09 ·cited 102×·via 42 U.S.C. § 1983 Action
  The court held that the defendants are immune from damages because the law was not clearly established in 1985 that discontinuing psychotropic drugs under the given circumstances amounted to deliberate indifference violating the Eighth Amendment.
• Wsb-Tv v. LEE
  842 F.2d 1266· 11th Cir.· 1988-04-22 ·cited 102×
  The court held that summary judgment was improperly granted because the plaintiffs had not had adequate opportunity for discovery and there were genuine issues of material fact regarding the sheriff's motivation and actions under color of state law.
• Wolf-Lillie v. Sonquist
  699 F.2d 864· 7th Cir.· 1983-01-31 ·cited 102×
  The court held that the sheriff, in his official capacity, was liable for damages resulting from the execution of an outdated writ of restitution due to a pervasive custom of executing stale writs. The court also held that the Parratt v. Taylor doctrine did not bar claims for sub
• Bonner v. Coughlin
  517 F.2d 1311· 7th Cir.· 1975-06-02 ·cited 102×
  A prisoner retains some Fourth Amendment protection against unreasonable searches and seizures, and the loss of legal materials can violate the right of access to courts, requiring a trial on the merits.
• Gomez v. Fla. State Emp. Serv.
  417 F.2d 569· 5th Cir.· 1969-10-09 ·cited 102×·via Violation Of 42 U.S.C. § 1983
  Migratory farm workers have implied rights and remedies under the Wagner-Peyser Act and its regulations, and can sue under 42 U.S.C. § 1983 for violations of these rights.
• Stewart v. Baldwin Cnty. Bd. OF Educ.
  908 F.2d 1499· 11th Cir.· 1990-08-15 ·cited 101×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
• Haygood v. Evelle J. Younger
  769 F.2d 1350· 9th Cir.· 1985-08-27 ·cited 101×·via 42 U.S.C. § 1983 Action
  A prisoner's claim for damages due to unlawful detention resulting from established state policy or practice, rather than a random unauthorized act, states a valid § 1983 claim for denial of liberty without due process, subject to qualified immunity defenses.
• Black v. Stephens
  662 F.2d 181· 3d Cir.· 1981-09-28 ·cited 101×
  The court held that there was sufficient evidence to sustain the jury's findings of liability and damages against the police detective, police chief, and city for constitutional violations under section 1983, and that no errors occurred requiring a new trial.
• Kennedy Park Homes Ass'n, Inc. v. City OF Lackawanna
  436 F.2d 108· 2d Cir.· 1970-12-07 ·cited 101×·via Violation Of 42 U.S.C. § 1983
  The court held that the City of Lackawanna's actions, including rezoning and imposing a moratorium, were motivated by racial discrimination and violated the Fourteenth Amendment and civil rights statutes.
• Meade v. Grubbs
  841 F.2d 1512· 10th Cir.· 1988-03-11 ·cited 100×
  The court held that the district court abused its discretion by dismissing the case for violation of a local rule and that the plaintiff's allegations sufficiently stated a claim for excessive force under 42 U.S.C. § 1983. However, state officials sued in their official capacitie
• Cullen v. Margiotta
  811 F.2d 698· 2d Cir.· 1987-02-02 ·cited 100×
  The court held that the tolling principle in American Pipe & Construction Co. v. Utah should not apply to toll the statute of limitations on plaintiffs' section 1983 and RICO claims because the state court action did not provide sufficient notice of the federal claims.
• Bonitz v. Fair
  804 F.2d 164· 1st Cir.· 1986-11-03 ·cited 100×
  The court held that an appellate court may review a district court's factually-based determinations on an interlocutory 'qualified immunity' appeal in appropriate cases.
• Bowers v. Robert A. DeVITO, M.D.
  686 F.2d 616· 7th Cir.· 1982-08-20 ·cited 100×
  The court should not have dispensed with oral argument and summary judgment was inappropriate.
• Baskin v. Parker
  602 F.2d 1205· 5th Cir.· 1979-09-24 ·cited 100×
  The court held that Section 1983 does not preclude the incorporation of state law remedies, including vicarious liability, for the deprivation of civil rights.
• Dombrowski v. Dowling
  459 F.2d 190· 7th Cir.· 1972-04-07 ·cited 100×·via Violation Of 42 U.S.C. § 1983
  The court held that arbitrary business discrimination against lawyers practicing criminal law does not violate 42 U.S.C. § 1985(3) without state involvement, and that a single business entity's collective decision does not constitute a conspiracy under that statute. The court als
• Robichaud v. Ronan
  351 F.2d 533· 9th Cir.· 1965-10-08 ·cited 100×·via 42 U.S.C. § 1983 Liability
  A prosecuting attorney is not immune from liability under 42 U.S.C. § 1983 when acting outside their quasi-judicial capacity, such as in an investigative or police-like role.
• Wahl v. McIVER
  773 F.2d 1169· 11th Cir.· 1985-10-15 ·cited 98×
  The court held that judges and prosecutors are immune from civil liability for their official acts, and that inmate claims for injunctive relief are moot upon transfer. The court also affirmed the dismissal of claims against the public defender and found no abuse of discretion in