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

• Camby v. Davis
  718 F.2d 198· 4th Cir.· 1983-10-03 ·cited 98×·via 42 U.S.C. § 1983 Action
  A district court is not required to provide an explanation when adopting a magistrate's unopposed findings and recommendations on a dispositive motion.
• DOE v. NEW York City Dep't OF Soc. Servs.
  649 F.2d 134· 2d Cir.· 1981-05-13 ·cited 98×
  The dissenting judge argues that the trial court's jury charge was proper when viewed as a whole and that other alleged errors do not warrant reversal.
• Chabad Chayil, Inc. v. The Sch. Bd. of Miami-Dade Cnty. Fla.
  48 F.4th 1222· 11th Cir.· 2022-09-08 ·cited 97×
  The Eleventh Circuit affirmed the district court's dismissal, holding that the plaintiff failed to sufficiently allege municipal liability under Monell because the superintendent lacked final policymaking authority and that the plaintiff failed to establish an official policy or
• Spence v. Zimmerman
  873 F.2d 256· 11th Cir.· 1989-05-17 ·cited 97×
  The court held that the Spences failed to establish a property interest in a Temporary Certificate of Occupancy (TCO) and that the City's actions regarding the building permit did not violate substantive due process or equal protection rights.
• Luisa A. DE Abadia v. Hon. Luis Izquierdo Mora
  792 F.2d 1187· 1st Cir.· 1986-05-27 ·cited 97×
  Defendants are entitled to qualified immunity because they could have reasonably believed the law was not clearly established against their actions at the time of the demotion.
• Rutledge v. Ariz. Bd. OF Regents
  660 F.2d 1345· 9th Cir.· 1981-11-12 ·cited 97×·via Violation Of 42 U.S.C. § 1983
  The court held that the Eleventh Amendment bars suits against the Arizona Board of Regents and ASU, but not against individual officials for common law torts. Claims under 42 U.S.C. § 1983 for assault and battery are barred by Parratt v. Taylor's due process analysis, and other c
• Miller v. Carson
  563 F.2d 741· 5th Cir.· 1977-11-23 ·cited 97×
• Waseem Daker v. Ward
  999 F.3d 1300· 11th Cir.· 2021-06-07 ·cited 96×·via 42 U.S.C. § 1983 Action
  Waseem Daker, a prisoner serving a life sentence who has filed hundreds of frivolous lawsuits in federal court, appealed the dismissal of his civil rights complaint alleging that Georgia prison officials violated his constitutional rights and religious freedom by forcibly shaving
• Depew v. City OF ST. Marys
  787 F.2d 1496· 11th Cir.· 1986-04-28 ·cited 96×·via 42 U.S.C. § 1983 Liability
  The court held that the evidence was sufficient to support the jury's verdict finding the city liable under section 1983 for a custom or policy of police misconduct, and that the existence of adequate state remedies does not bar such a claim when constitutional rights are violate
• Barnett v. The Hous. Auth. OF the City OF Atlanta
  707 F.2d 1571· 11th Cir.· 1983-06-27 ·cited 96×·via Violation Of 42 U.S.C. § 1983
  The court held that the Atlanta Housing Authority violated Robert Barnett's due process rights by terminating him without cause and without a proper post-termination hearing, and that the Authority waived its claim of immunity from punitive damages due to procedural default.
• Pushkin v. The Regents OF the Univ. OF Colo.
  658 F.2d 1372· 10th Cir.· 1981-09-04 ·cited 96×·via Violation Of 42 U.S.C. § 1983
  A private right of action exists under Section 504 of the Rehabilitation Act of 1973, and plaintiffs are not required to exhaust administrative remedies before filing suit.
• Holmes v. NEW York City Hous. Auth.
  398 F.2d 262· 2d Cir.· 1968-07-18 ·cited 96×·via Violation Of 42 U.S.C. § 1983
  The court held that the complaint stated a federal claim under 42 U.S.C. § 1983 and the Fourteenth Amendment, and that the district court correctly refused to abstain from exercising its jurisdiction.
• Hearn v. The City OF Gainesville & Richard C. Corriveau
  688 F.2d 1328· 11th Cir.· 1982-10-12 ·cited 95×·via 42 U.S.C. § 1983 Claim For Denial Of Due Process
  The court held that while the employee had a property interest in his job and the supervisor's actions constituted a due process violation, the city was not liable because the supervisor's actions did not represent official policy and the city commission exercised final authority
• Creative Environments, Inc. v. Estabrook
  680 F.2d 822· 1st Cir.· 1982-05-06 ·cited 95×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiffs failed to demonstrate a genuine issue of material fact regarding constitutional violations, and thus summary judgment for the defendants was appropriate.
• Withers v. Levine
  615 F.2d 158· 4th Cir.· 1980-02-05 ·cited 95×·via 42 U.S.C. § 1983 Action
  Prison officials have a constitutional duty under § 1983 to exercise reasonable care to protect inmates from pervasive risks of harm, and negligence in performing this duty can be actionable.
• Kennedy v. City OF Cleveland
  797 F.2d 297· 6th Cir.· 1986-07-30 ·cited 94×
  The right to an immediate interlocutory appeal of a denial of qualified immunity is conditioned upon timely filing of a notice of appeal and can be waived by noncompliance with reasonable temporal limitations set by the district court.
• McLAUGHLIN v. Tilendis
  398 F.2d 287· 7th Cir.· 1968-06-12 ·cited 94×·via Violation Of 42 U.S.C. § 1983
  The court held that probationary teachers have First Amendment rights to associate with a union, and their dismissal for such association states a claim under Section 1983, despite the lower court's finding of no jurisdiction.
• Coy Ray Campbell v. Beto
  460 F.2d 765· 5th Cir.· 1972-04-18 ·cited 93×
  The court held that the district court erred in refusing to docket the prisoner's suit, dismissing it without an opportunity for evidence, and denying an in forma pauperis appeal.
• Sparks v. Duval Cnty. Ranch Co., Inc.
  604 F.2d 976· 5th Cir.· 1979-10-22 ·cited 92×
  Private citizens who conspire with a state judge are not entitled to derivative judicial immunity and can be held liable under 42 U.S.C. § 1983, even if the judge is immune from suit.
• Iranian Students Ass'n v. Edwards
  604 F.2d 352· 5th Cir.· 1979-10-09 ·cited 92×·via 42 U.S.C. § 1983 Action
  Plaintiffs who obtain relief through a consent decree in a § 1983 action are prevailing parties entitled to attorney's fees under § 1988.
• Tuley v. Heyd
  482 F.2d 590· 5th Cir.· 1973-08-03 ·cited 92×
  The court held that the district court erred in granting summary judgment because the factual record was insufficiently developed and the dismissal should have been without prejudice to allow amendment.
• Sears v. Vernia Roberts
  922 F.3d 1199· 11th Cir.· 2019-04-24 ·cited 91×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court erred in granting summary judgment by misinterpreting precedent and failing to view evidence in the light most favorable to the non-moving party.
• Parrett v. City OF Connersville
  737 F.2d 690· 7th Cir.· 1984-06-21 ·cited 91×
  The court held that while a collective bargaining agreement's grievance procedure can satisfy due process, it failed to do so in this case due to administrative delays and limitations, and that defendants waived their right to appeal errors in jury instructions by failing to obje
• Gresham Park Cmty. Org. v. Howell
  652 F.2d 1227· 5th Cir.· 1981-08-10 ·cited 91×
  The court held that abstention under Younger v. Harris was appropriate, requiring dismissal of the federal suit seeking to enjoin state court proceedings, even though the state court's injunction was immediately enforceable and created state action.
• Braden v. The Univ. OF Pittsburgh & Wesley W. Posvar
  552 F.2d 948· 3d Cir.· 1977-03-11 ·cited 91×
  A district court may vacate and reenter its certification order to allow a timely interlocutory appeal when neither party had notice due to court error, the prevailing party is not prejudiced, and the losing parties acted promptly upon learning of the order. The court also held t
• Ness v. Marshall
  660 F.2d 517· 3d Cir.· 1981-09-28 ·cited 90×·via Violation Of 42 U.S.C. § 1983
  Party affiliation is an appropriate requirement for the effective performance of city solicitor duties, allowing for dismissal on that basis.
• Bond v. Stanton
  630 F.2d 1231· 7th Cir.· 1980-09-19 ·cited 90×
  Prevailing plaintiffs are entitled to attorney's fees for appellate work on the merits and for time spent litigating their entitlement to fees under the Civil Rights Attorney's Fees Awards Act.
• Fulford v. Klein
  550 F.2d 342· 5th Cir.· 1977-04-08 ·cited 90×
• Lombard v. The Bd. OF Educ. OF the City OF NEW York
  502 F.2d 631· 2d Cir.· 1974-07-22 ·cited 90×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that res judicata does not bar a federal claim under 42 U.S.C. § 1983 for denial of procedural due process, even if related issues were litigated in state court, because the federal remedy is supplementary and the plaintiff was deprived of a protected liberty inter
• Battle v. Cent. State Hosp.
  898 F.2d 126· 11th Cir.· 1990-04-12 ·cited 89×
  The court held that a district court may not dismiss an in forma pauperis complaint under 28 U.S.C.A. § 1915(d) unless the claims lack an arguable basis in law or fact, a standard distinct from Rule 12(b)(6) dismissals.
• Rose v. Bartle
  871 F.2d 331· 3d Cir.· 1989-03-20 ·cited 89×
  The court held that the district court's notice of converting motions to dismiss into motions for summary judgment was ambiguous, denying plaintiffs adequate opportunity to oppose. However, the court will affirm in part and reverse in part based on whether plaintiffs could prove
• Fundiller v. The City OF Cooper City
  777 F.2d 1436· 11th Cir.· 1985-12-11 ·cited 89×
  The court held that the plaintiff stated claims for substantive due process violations under 42 U.S.C. § 1983 against individual officers and the municipality, and that the district court erred in dismissing these claims.
• Wilson v. Thompson
  593 F.2d 1375· 5th Cir.· 1979-05-01 ·cited 89×·via 42 U.S.C. § 1983 Action
  The court held that the trial court's finding that the state had no substantive interest in renewed prosecution was not clearly erroneous, and that the reactivation of prosecutions solely in response to a civil suit was tantamount to a finding of bad faith.
• Domenic Lund v. Affleck
  587 F.2d 75· 1st Cir.· 1978-11-21 ·cited 89×·via 42 U.S.C. § 1983 Action
  Attorneys' fees are recoverable under the Fees Act for successful pendent claims arising from the same nucleus of facts as a substantial § 1983 claim, and for time reasonably spent establishing the fee entitlement.
• Jeffries v. Turkey RUN Consol. Sch. Dist.
  492 F.2d 1· 7th Cir.· 1974-02-05 ·cited 89×
  A public employee with no tenure or claim of entitlement to employment, and who was not terminated for a constitutionally impermissible reason, has no constitutional right to a hearing or to a statement of reasons for non-renewal, nor is she protected against "arbitrary and capri
• Colburn v. Upper Darby Twp.
  838 F.2d 663· 3d Cir.· 1988-01-26 ·cited 88×
  The dissenting judge argues that allegations of gross negligence or deliberate indifference are insufficient to sustain a due process § 1983 claim, which requires pleading intentional action, abuse of power, or actions tantamount to intent.
• Clark v. Taylor
  710 F.2d 4· 1st Cir.· 1983-06-17 ·cited 88×·via 42 U.S.C. § 1983 Liability
  The court held that there was sufficient evidence to support the jury's verdicts against the individual defendants for constitutional and state law violations, but that the district court erred in exercising pendent jurisdiction over the State of Rhode Island.
• McSURELY v. McCLELLAN
  697 F.2d 309· D.C. Cir.· 1982-12-10 ·cited 88×·via Violation Of 42 U.S.C. § 1983
  A state prosecutor is not entitled to absolute immunity for investigative or administrative actions, and summary judgment on qualified immunity is inappropriate when material facts are disputed regarding the prosecutor's knowledge of illegality.
• Mrs. Jimmie Lue Williams v. Kelley
  624 F.2d 695· 5th Cir.· 1980-08-22 ·cited 88×·via 42 U.S.C. § 1983 Liability
  The court held that the officers' conduct, while potentially a state law tort, did not rise to the level of a constitutional violation actionable under 42 U.S.C. § 1983.
• White v. Rochford
  592 F.2d 381· 7th Cir.· 1979-02-13 ·cited 88×
  Police officers may not constitutionally abandon children in health-endangering situations after arresting their custodian, as such conduct violates the Due Process Clause.
• Rios v. Enter. Ass'n Steamfitters Local 638 OF U.A.
  501 F.2d 622· 2d Cir.· 1974-06-24 ·cited 88×·via Violation Of 42 U.S.C. § 1983
  The court held that court-ordered racial quotas to eradicate past discrimination violate sections 703(j) and 703(c)(1) of the Civil Rights Act of 1964, as the legislative history clearly shows Congress intended to prohibit racial quotas under any circumstances.
• Spell v. McDANIEL
  824 F.2d 1380· 4th Cir.· 1987-07-24 ·cited 87×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the evidence was sufficient to support the jury's finding of municipal liability against the City of Fayetteville under either a deficient training policy or a condoned custom theory, and affirmed the judgment on the merits.
• McKINNON v. City OF Berwyn
  750 F.2d 1383· 7th Cir.· 1984-12-19 ·cited 87×·via 42 U.S.C. § 1983 Liability
  The court held that the district judge erred in granting judgment notwithstanding the verdict for the City of Berwyn due to a procedural defect and that the plaintiff should have been offered a new trial instead of a remittitur on punitive damages against Montoro. The court also
• Daniels v. Twin Oaks Nursing Home
  692 F.2d 1321· 11th Cir.· 1982-12-06 ·cited 87×
  The court held that a claim of negligent wrongful death against a nursing home does not present a substantial federal question under 42 U.S.C. § 1983, and therefore, the federal court lacks jurisdiction over the § 1983 claim and any pendent state law claims.
• Taylor v. M. M. (Hoot) Gibson
  529 F.2d 709· 5th Cir.· 1976-04-01 ·cited 87×
  A pro se prisoner's civil rights complaint, even if alleging facts that seem unlikely, should not be dismissed under the in forma pauperis statute unless it appears beyond doubt that the prisoner could prove no set of facts entitling him to relief.
• Hortencia Bohen v. City OF E. Chicago
  799 F.2d 1180· 7th Cir.· 1986-08-28 ·cited 86×
  A city's deliberate failure to respond to complaints of sexual harassment against a female employee, while responding to other forms of misconduct, constitutes intentional discrimination violating the Equal Protection Clause.
• Hiram B. ELY v. Velde
  451 F.2d 1130· 4th Cir.· 1971-11-08 ·cited 86×
  The Law Enforcement Assistance Administration (LEAA) is required to comply with the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA) when approving grants under the Omnibus Crime Control and Safe Streets Act, as these statutes do not irre
• Morrison v. Wash. Cnty.
  700 F.2d 678· 11th Cir.· 1983-03-17 ·cited 85×·via 42 U.S.C. § 1983 Liability
  The court held that summary judgment was improperly granted for the hospital, doctor, county, commissioners, and sheriff, as genuine issues of material fact remained regarding their liability under federal and state law. The exclusion of expert testimony was also deemed erroneous
• Glasson v. City OF Louisville
  518 F.2d 899· 6th Cir.· 1975-06-13 ·cited 85×·via Violation Of 42 U.S.C. § 1983
  Police officers are liable under 42 U.S.C. § 1983 for destroying a peaceful protestor's sign, as the action was unreasonable and violated First Amendment rights, and the 'good faith' defense does not apply when officers knew or should have known the activity was protected.
• Languirand v. Hayden
  717 F.2d 220· 5th Cir.· 1983-10-17 ·cited 84×·via 42 U.S.C. § 1983 Claim Against Municipality