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

• Manning v. Lockhart
  623 F.2d 536· 8th Cir.· 1980-06-26 ·cited 32×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court erred in admitting government affidavits without proper foundation and in refusing to subpoena a key witness, requiring reversal and remand for a new trial.
• Brown v. Stanton
  617 F.2d 1224· 7th Cir.· 1980-01-30 ·cited 32×
  The court held that the state must pay the full cost of nursing home care when a spouse with sufficient income refuses to contribute, despite legal obligation.
• Coffy v. Multi-County Narcotics Bureau
  600 F.2d 570· 6th Cir.· 1979-06-19 ·cited 32×
  The court held that the plaintiffs failed to establish a prima facie case for a civil rights violation under 42 U.S.C. § 1983, as the investigation used routine undercover techniques and there was insufficient evidence of personal fault or improper motive by the defendants.
• Robinson v. Bergstrom
  579 F.2d 401· 7th Cir.· 1978-06-13 ·cited 32×·via 42 U.S.C. § 1983 Civil Rights Claim
  A public defender, as an employee of a state instrumentality, acts under color of state law for purposes of 42 U.S.C. § 1983, and is entitled to absolute immunity for acts performed in their official capacity.
• Davis v. Se. Cmty. Coll.
  574 F.2d 1158· 4th Cir.· 1978-03-28 ·cited 32×
  The court held that the college must reconsider the plaintiff's application without regard to her hearing disability, applying newly promulgated regulations that define 'otherwise qualified' based on academic and technical standards, not the handicap itself.
• Lawrence H. "Dude" Hennessey and Wendell Hudson v. Nat'l Collegiate Athletic Ass'n
  564 F.2d 1136· 5th Cir.· 1977-12-16 ·cited 32×·via Violation Of 42 U.S.C. § 1983
  The court held that the NCAA's Bylaw 12-1 was valid and applicable, and that the plaintiffs' claims for tortious interference, Fourteenth Amendment violations, and antitrust violations failed.
• Williams v. Walsh
  558 F.2d 667· 2d Cir.· 1977-06-27 ·cited 32×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's § 1983 action was time-barred by the borrowed Connecticut tort statute of limitations, and that neither the equitable claim for reinstatement nor tolling of the statute were applicable.
• Bliss O. Bignall, Jr. v. N. Idaho Coll.
  538 F.2d 243· 9th Cir.· 1976-06-17 ·cited 32×·via Violation Of 42 U.S.C. § 1983
  The court held that while the college provided inadequate notice of the reasons for non-renewal, the overall process, including a de novo trial, provided substantial due process, and the college's decision was based on valid, non-discriminatory reasons.
• United States ex rel. David Tyrrell v. Speaker
  535 F.2d 823· 3d Cir.· 1976-05-07 ·cited 32×
  The court held that placing a pretrial detainee in administrative segregation with significantly more restricted conditions than convicted prisoners, without a showing of necessity for trial appearance or security, violates the Fourteenth Amendment's due process clause. The court
• Blue v. Craig
  505 F.2d 830· 4th Cir.· 1974-10-18 ·cited 32×·via 42 U.S.C. § 1983 Action
  The court held that Section 1983 provides a cause of action for deprivations of rights secured by federal laws, not just the Constitution, and that federal jurisdiction exists under Section 1343(3) and (4) for such claims, even if they involve welfare benefits.
• Morales v. Haines
  486 F.2d 880· 7th Cir.· 1973-10-11 ·cited 32×·via Violation Of 42 U.S.C. § 1983
  The court held that the denial of actual and punitive damages and attorneys' fees must be vacated and remanded for findings on racial discrimination, as this issue is material to those claims.
• Nieves v. Oswald
  477 F.2d 1109· 2d Cir.· 1973-04-20 ·cited 32×
  The court held that the district court erred in denying the motion to convene a three-judge court, as the claims regarding prison disciplinary procedures implicated state-wide policy and raised substantial constitutional questions.
• Cook Cnty. Coll. Teachers Union, Local 1600, Am. Fed'n OF Teachers, AFL-CIO v. Byrd
  456 F.2d 882· 7th Cir.· 1972-03-09 ·cited 32×
  The court held that the district court did not err in dismissing the class action and in finding that the nonrenewal of probationary faculty contracts was based on constitutionally permissible reasons, not retaliation.
• Quarterman v. Byrd
  453 F.2d 54· 4th Cir.· 1971-11-26 ·cited 32×·via 42 U.S.C. § 1983 Action
  A school regulation prohibiting the distribution of printed material without prior permission is facially invalid if it lacks criteria for granting or denying permission and procedural safeguards for review.
• Krist v. Smith
  439 F.2d 146· 5th Cir.· 1971-02-26 ·cited 32×
  The court held that the district court did not err in denying relief, as the prisoner's confinement was administrative and other complaints involved internal prison matters.
• Tyrone, Inc. v. Wilkinson
  410 F.2d 639· 4th Cir.· 1969-05-06 ·cited 32×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that an adversary hearing is constitutionally required before seizure of a film to determine obscenity, but federal courts should not enjoin state prosecutions absent bad faith. A three-judge court is not required when the challenge is to the application of a statu
• Morgan v. Labiak
  368 F.2d 338· 10th Cir.· 1966-11-07 ·cited 32×
  The court held that the jury's determination of damages is inviolate unless so excessive as to shock the conscience, and that evidence of self-inflicted injuries was not newly discovered evidence for relief from judgment.
• Gately v. Sutton
  310 F.2d 107· 10th Cir.· 1962-10-16 ·cited 32×·via 42 U.S.C. § 1983 Action
  Federal courts lack jurisdiction to review state court disbarment orders or issue mandamus against state judges for actions within their jurisdiction.
• Davis v. Waller
  44 F.4th 1305· 11th Cir.· 2022-08-12 ·cited 31×·via § 1983
  Paul Donald Davis sued Georgia State Patrol officers Paul Waller and Shaun Browder after they shot him multiple times when he was forcibly driving an 84,000-pound logging truck at officers while being held at gunpoint by a violent fleeing felon, William Arnold. The Eleventh Circu
• Crocker v. Pleasant
  778 So. 2d 978· Fla.· 2001-02-01 ·cited 31×
  The Florida Supreme Court held that while the next of kin have a constitutionally protected interest in possessing a decedent's remains for burial, this interest does not preclude all Section 1983 claims. The court clarified that such claims require more than mere negligence and
• Gentile v. Bauder
  718 So. 2d 781· Fla.· 1998-09-24 ·cited 31×
  The Florida Supreme Court addressed whether a police officer could be collaterally estopped from raising a qualified immunity defense based on a prior suppression ruling in a criminal case to which she was not a party. The Court held that collateral estoppel did not apply because
• Hohe v. Casey
  868 F.2d 69· 3d Cir.· 1989-02-16 ·cited 31×
  The court held that the plaintiffs failed to demonstrate irreparable harm, and therefore, the district court did not abuse its discretion in denying the motion for a preliminary injunction.
• Jones v. Preuit & Mauldin
  851 F.2d 1321· 11th Cir.· 1988-08-10 ·cited 31×
  The plurality opinion held that private defendants are entitled to qualified immunity in a section 1983 action. The dissenting judges disagreed, arguing that qualified immunity should not extend to private actors.
• Eastwood v. Dep't OF Corr. OF the State OF Okla.
  846 F.2d 627· 10th Cir.· 1988-05-12 ·cited 31×
  The court held that the Eleventh Amendment bars suits against the DOC and its officials sued in their official capacities, but qualified immunity does not shield an official sued in his individual capacity if clearly established rights were violated.
• Ragsdale v. Turnock
  841 F.2d 1358· 7th Cir.· 1988-03-10 ·cited 31×
  The dissenting judge argues that the majority incorrectly invalidated the Illinois Ambulatory Surgical Treatment Center Act (ASTCA) and related regulations, asserting that the state has the authority to regulate surgical procedures, including abortions, for patient safety and cos
• MRS. W. v. Tirozzi
  832 F.2d 748· 2d Cir.· 1987-11-04 ·cited 31×·via 42 U.S.C. § 1983 Action
  The court held that a private right of action under 42 U.S.C. § 1983 is available for violations of the Education of the Handicapped Act, and that exhaustion requirements do not preclude such a civil action when administrative remedies are futile or inadequate.
• Williams v. City OF Atlanta
  794 F.2d 624· 11th Cir.· 1986-07-23 ·cited 31×
  The court held that the Supreme Court's decision in Wilson v. Garcia, establishing a uniform statute of limitations for 42 U.S.C. § 1983 claims, should be applied retroactively to the plaintiffs' claims, and that the district court erred in dismissing state law claims without adj
• Berg v. Kincheloe
  794 F.2d 457· 9th Cir.· 1986-07-14 ·cited 31×
  Summary judgment was appropriate for defendants Kincheloe, Steinbeck, Fleming, and Iverson, but not for Sergeant Marsh, as triable issues of material fact exist regarding his actions.
• Samuels v. Dist. OF Columbia
  770 F.2d 184· D.C. Cir.· 1985-08-06 ·cited 31×
  Tenants of federally-funded public housing can enforce federal housing law provisions against local housing officials through a Section 1983 claim when those officials fail to provide mandated administrative grievance procedures.
• Jackson P. Berry v. Bailey
  726 F.2d 670· 11th Cir.· 1984-03-05 ·cited 31×
  A public employee's refusal to obey a lawful order from a superior, even if motivated by a belief in performing the job honestly, does not constitute constitutionally protected speech under the First Amendment.
• Batista v. Rodriguez
  702 F.2d 393· 2d Cir.· 1983-03-11 ·cited 31×
  The court held that the complaint failed to state a claim for municipal liability under 42 U.S.C. § 1983 because it did not allege a causal link between the City's alleged policy and the plaintiffs' injuries, and the evidence was insufficient to prove such causation.
• Webster v. The City OF Houston
  689 F.2d 1220· 5th Cir.· 1982-10-28 ·cited 31×
  The court held that punitive damages are not available against a municipality under 42 U.S.C. § 1983, regardless of the egregiousness of the conduct.
• Ward v. Caulk
  650 F.2d 1144· 9th Cir.· 1981-07-17 ·cited 31×·via Violation Of 42 U.S.C. § 1983
  The court held that the availability of a federal statutory remedy, such as 42 U.S.C. § 1983, precludes a constitutional cause of action against state defendants, even if the plaintiff fails to timely pursue the statutory remedy. It also held that a continuing violation requires
• Delaney v. Giarrusso
  633 F.2d 1126· 5th Cir.· 1981-01-05 ·cited 31×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the illegal arrest claim requires exhaustion of state remedies, while the excessive force claim can proceed on the merits. The judgment dismissing the excessive force claim is affirmed, and the illegal arrest claim is vacated and remanded.
• Tarkowski v. Robert Bartlett Realty Co.
  644 F.2d 1204· 7th Cir.· 1980-01-02 ·cited 31×·via Violation Of 42 U.S.C. § 1983
  Conclusory allegations of conspiracy by a pro se litigant, even when liberally construed, are insufficient to state a claim under 42 U.S.C. § 1983 if they lack factual support.
• Hanson v. Cir. Court OF the First Jud. Cir. OF Ill.
  591 F.2d 404· 7th Cir.· 1979-01-29 ·cited 31×
  A fine-only conviction does not constitute 'custody' for federal habeas corpus purposes, and a Section 1983 action cannot be used to collaterally attack a state court conviction when habeas corpus is unavailable due to lack of custody.
• Huynh THI ANH and Dao Thanh Linh v. Levi
  586 F.2d 625· 6th Cir.· 1978-10-20 ·cited 31×·via 42 U.S.C. § 1983 Action
  Federal courts should not assert jurisdiction over child custody disputes, even involving aliens, as these matters fall within the traditional purview of state courts and require exhaustion of state remedies.
• McGHEE v. Draper
  564 F.2d 902· 10th Cir.· 1977-10-03 ·cited 31×·via Violation Of 42 U.S.C. § 1983
  The court held that the trial court erred in directing a verdict against the plaintiff on her liberty interest claim, as the evidence could support a finding that the school board's actions imposed a stigma foreclosing future employment opportunities. The court also found that pr
• Magnett v. Pelletier
  488 F.2d 33· 1st Cir.· 1973-11-26 ·cited 31×
  The court held that $500 is not a proper amount for nominal damages in a civil rights action, as nominal damages are a token sum for technical violations without provable loss.
• Detective Jerome Vermette v. Ludwig
  707 So. 2d 742· Fla. 2d DCA· 1997-12-10 ·cited 30×
  Police officers appealed the denial of their motion for summary judgment in a civil rights action brought under 42 U.S.C. §§ 1983, 1985, and 1986 following an arrest for dealing in stolen property. The court granted the officers' petition for writ of certiorari and directed summa
• McGILL v. Duckworth
  944 F.2d 344· 7th Cir.· 1991-09-17 ·cited 30×·via 42 U.S.C. § 1983 Liability
  The court held that the jury verdict of negligence should not be overturned based on the doctrine of assumption of risk, as the inmate did not voluntarily assume the risk of rape.
• Dixon v. Deputy Sheriff Donald Richer
  922 F.2d 1456· 10th Cir.· 1991-01-07 ·cited 30×·via 42 U.S.C. § 1983 Action
  The court held that the deputies were not entitled to summary judgment on qualified immunity because their alleged conduct, viewed in the light most favorable to the plaintiffs, was not objectively reasonable under the Fourth Amendment and violated clearly established law.
• Buckley v. Fitzsimmons
  919 F.2d 1230· 7th Cir.· 1990-12-05 ·cited 30×
  The court should not grant absolute immunity to a prosecutor for statements made at a press conference that allegedly create prejudicial pretrial publicity.
• Pelfresne v. Vill. OF Williams BAY
  917 F.2d 1017· 7th Cir.· 1990-11-08 ·cited 30×
  A purchaser is not bound by a state court's raze order if it does not appear of record in the chain of title, but may be bound if they had actual or inquiry notice of the order.
• Linnie Kay Berry v. City OF Muskogee
  900 F.2d 1489· 10th Cir.· 1990-04-10 ·cited 30×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court's majority opinion applied the Eighth Amendment standard, but the dissenting judge argues that due process analysis under the Fourteenth Amendment should apply, with a proposed gross negligence standard for such claims.
• Torres v. Superintendent OF the Police OF Puerto RICO
  893 F.2d 404· 1st Cir.· 1990-01-08 ·cited 30×·via Section 1983
  The court held that the plaintiffs' Section 1983 claim for wrongful termination was time-barred because the administrative action did not toll the statute of limitations, and their malicious prosecution claim failed because the alleged conduct did not rise to the level of a const
• Reed v. HOY
  909 F.2d 324· 9th Cir.· 1989-12-15 ·cited 30×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury instruction misstated the law by applying a substantive due process standard instead of the Fourth Amendment's objective reasonableness standard for excessive force claims.
• Agosto-De-Feliciano v. Awilda Aponte-Roque
  889 F.2d 1209· 1st Cir.· 1989-12-08 ·cited 30×
  The court joins in vacating and remanding the case to await Supreme Court clarification on job change lawsuits for state employees.
• Danese v. Asman
  875 F.2d 1239· 6th Cir.· 1989-05-26 ·cited 30×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The majority reversed the denial of qualified immunity, finding the unlawfulness of the officers' actions was not apparent under pre-existing law.
• Masters v. Crouch
  872 F.2d 1248· 6th Cir.· 1989-04-18 ·cited 30×
  The court held that officers are not constitutionally required to investigate every claim of innocence when acting on a facially valid arrest warrant, and that a strip search of a person arrested for a minor traffic offense without reasonable suspicion of contraband or weapons vi