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

• Essex RAY v. Fritz
  468 F.2d 586· 2d Cir.· 1972-10-19 ·cited 22×·via 42 U.S.C. § 1983 Action
  A federal court must hear a prisoner's § 1983 suit if no adequate state administrative or judicial remedy exists.
• Collin v. Chicago Park Dist.
  460 F.2d 746· 7th Cir.· 1972-04-27 ·cited 22×·via Violation Of 42 U.S.C. § 1983
• Madison v. Manter
  441 F.2d 537· 1st Cir.· 1971-04-28 ·cited 22×
  Police officers acting in good faith but negligently in seeking a search warrant are not liable under 42 U.S.C. § 1983.
• Wright v. The City OF Brighton
  441 F.2d 447· 5th Cir.· 1971-03-16 ·cited 22×·via Violation Of 42 U.S.C. § 1983
• Dunham v. Crosby
  435 F.2d 1177· 1st Cir.· 1970-12-18 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that the superintendent's actions denied the teacher procedural rights, but the school board members were not liable for conspiracy or under respondeat superior.
• Cole v. Hous. Auth. OF the City OF Newport
  435 F.2d 807· 1st Cir.· 1970-12-07 ·cited 22×·via 42 U.S.C. § 1983 Action
  A two-year durational residency requirement for public housing violates the Equal Protection Clause and the right to travel, as it penalizes migration without serving a compelling state interest.
• McGUANE v. Chenango Court, Inc.
  431 F.2d 1189· 2d Cir.· 1970-09-22 ·cited 22×·via Violation Of 42 U.S.C. § 1983
  The court held that receipt of federal mortgage insurance does not constitute state action for purposes of the Civil Rights Act.
• Landon Zuckerman and Sam Haber v. Appellate Division
  421 F.2d 625· 2d Cir.· 1970-01-29 ·cited 22×
  The Appellate Division, as part of the State of New York, is not a 'person' amenable to suit under 42 U.S.C. § 1983.
• Kadlec v. Ill. Bell Tel. Co.
  407 F.2d 624· 7th Cir.· 1969-02-25 ·cited 22×
  The court held that the mere filing of regulations or licensing does not convert private action into action under color of state law for purposes of 42 U.S.C. § 1983.
• Ream v. Handley
  359 F.2d 728· 7th Cir.· 1966-04-20 ·cited 22×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court correctly dismissed the case for lack of subject matter jurisdiction, as no genuine federal question or civil rights claim was presented.
• Vasco A. Smith, Jr. v. Holiday Inns OF Am., Inc.
  336 F.2d 630· 6th Cir.· 1964-09-22 ·cited 22×·via Violation Of 42 U.S.C. § 1983
  The court held that the motel's discriminatory refusal to serve Negroes constituted state action under the Fourteenth Amendment because the motel was an integral part of a state-sponsored and controlled urban redevelopment project, making the discrimination impermissible.
• Doe v. Swearingen
  51 F.4th 1295· 11th Cir.· 2022-10-21 ·cited 21×
  The court held that some of the plaintiffs' claims are timely under the continuing violation doctrine, while others are time-barred by the statute of limitations.
• Foley v. City OF Lowell
  948 F.2d 10· 1st Cir.· 1991-10-23 ·cited 21×·via Violation Of 42 U.S.C. § 1983
  The court held that evidence of subsequent police misconduct is admissible to prove a prior municipal policy of indifference, and that prejudgment interest should run until the date of final judgment.
• Redman v. Cnty. OF SAN Diego
  942 F.2d 1435· 9th Cir.· 1991-08-26 ·cited 21×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that the majority's application of deliberate indifference standards to jail management was incorrect, suggesting judicial overreach.
• Pittsley v. Sergeant Philip Warish
  927 F.2d 3· 1st Cir.· 1991-02-27 ·cited 21×
  The court held that the police officers' actions and statements, while potentially wrongful, did not rise to the level of a constitutional violation actionable under 42 U.S.C. § 1983, and therefore, the directed verdicts for the defendants were appropriate.
• Liedel v. The Juv. Court OF Madison Cnty.
  891 F.2d 1542· 11th Cir.· 1990-01-16 ·cited 21×
  The federal district court properly dismissed the plaintiffs' complaint for lack of jurisdiction, as it sought to review final state court judgments and enjoin ongoing state proceedings.
• Baez v. Hennessy
  853 F.2d 73· 2d Cir.· 1988-07-27 ·cited 21×·via 42 U.S.C. § 1983 Action
  A District Attorney is absolutely immune from civil liability for prosecutorial acts, and a county is not liable for a District Attorney's prosecutorial acts as they do not represent official county policy.
• Boring v. Kozakiewicz
  833 F.2d 468· 3d Cir.· 1987-11-16 ·cited 21×
  The court held that the Estelle v. Gamble Eighth Amendment standard for convicted prisoners does not apply to pretrial detainees, and the trial court erred in granting a directed verdict based on that standard.
• Ass'n FOR Retarded Citizens OF Ala., Inc. v. Teague
  830 F.2d 158· 11th Cir.· 1987-10-19 ·cited 21×
  The court held that plaintiffs must exhaust state administrative remedies under the Education for All Handicapped Children Act (EHA) before filing suit, as their claims of futility were unsubstantiated and the administrative process is designed for educational policy and factfind
• Smith v. City OF Chicago
  820 F.2d 916· 7th Cir.· 1987-06-10 ·cited 21×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's § 1983 action was barred by res judicata because it arose from the same core operative facts as his prior Shakman petition, which had been dismissed on the merits.
• King v. Atiyeh
  814 F.2d 565· 9th Cir.· 1987-04-08 ·cited 21×
  The court held that the amended complaint superseded the original, and state officials are not liable under § 1983 without an affirmative role in deprivations. However, the dismissal of the claim regarding postage limitations was erroneous.
• Costello v. Town OF Fairfield
  811 F.2d 782· 2d Cir.· 1987-02-12 ·cited 21×·via Section 1983
  The court held that appellants were accorded all the process they were due, as post-deprivation remedies were adequate for their claims regarding pension calculations.
• Johnson v. Sieber
  799 F.2d 1396· 9th Cir.· 1986-09-18 ·cited 21×·via 42 U.S.C. § 1983 Liability
  The court held that the appellants failed to raise any valid constitutional issues, thus summary judgment for the defendants was proper.
• Hervey v. The City OF Little Rock
  787 F.2d 1223· 8th Cir.· 1986-03-31 ·cited 21×
  The court held that the trial court did not abuse its discretion in decertifying the class action due to inadequate representation and proof, and affirmed the dismissal of individual claims where plaintiffs failed to establish a prima facie case of discrimination.
• Hossman v. Blunk
  784 F.2d 793· 7th Cir.· 1986-02-26 ·cited 21×
  The court held that the plaintiff's pro se complaint, when liberally construed, adequately alleged claims for municipal liability under § 1983 and that the § 1985 claim was properly dismissed for failing to allege racial or class-based discrimination.
• Salahuddin v. Harris
  782 F.2d 1127· 2d Cir.· 1986-01-31 ·cited 21×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that dismissal under Rule 37(d) was improper because the plaintiff appeared for his deposition, and dismissal under Rule 37(b)(2) was improper because no court order was violated. Furthermore, neither Rule 16(f) nor Rule 41(b) justified the dismissal.
• Gorin v. Elton S. Osborne, Jr., M.D.
  756 F.2d 834· 11th Cir.· 1985-03-29 ·cited 21×
  A prior state court affirmance of an administrative ruling is entitled to res judicata and collateral estoppel effect in a subsequent federal civil rights action, even if the state court's review was limited to an 'any evidence' standard.
• Donny Joel Harvey v. Andrist
  754 F.2d 569· 5th Cir.· 1985-03-04 ·cited 21×
  The court held that the district court properly dismissed claims challenging the validity of detention for failure to exhaust habeas corpus remedies and properly dismissed other claims on the merits.
• Mendez v. Belton
  739 F.2d 15· 1st Cir.· 1984-07-18 ·cited 21×·via Violation Of 42 U.S.C. § 1983
  The court held that Dr. Belton is not absolutely immune from suit under 42 U.S.C. § 233(a) for alleged intentional discrimination, but affirmed summary judgment because the plaintiff failed to present sufficient evidence of discrimination.
• Harmon v. W.C. Berry and David Morse
  728 F.2d 1407· 11th Cir.· 1984-04-02 ·cited 21×·via Violation Of 42 U.S.C. § 1983
  The court held that a prisoner's pro se complaint alleging endangerment due to being labeled a "snitch" and subsequent rumors is sufficient to survive a motion to dismiss for frivolousness.
• Mismash v. Murray City
  730 F.2d 1366· 10th Cir.· 1984-03-30 ·cited 21×
  The court held that all section 1983 claims in Utah are subject to the four-year statute of limitations, making Mismash's suit timely.
• Scott v. Clark
  712 F.2d 1305· 8th Cir.· 1983-08-05 ·cited 21×
  The court held that the appeal was frivolous and without merit.
• United Church OF THE Med. Ctr. v. Med. Ctr. Comm'n
  689 F.2d 693· 7th Cir.· 1982-09-23 ·cited 21×
  The court held that the district court erred in dismissing the case for failure to exhaust administrative remedies and abused its discretion in denying preliminary injunctive relief.
• Owens v. Asa D. Kelley, Jr.
  681 F.2d 1362· 11th Cir.· 1982-08-05 ·cited 21×
  A probation condition requiring participation in a program with disputed religious content raises a material factual issue, precluding summary judgment. However, conditions allowing warrantless searches and psychological stress evaluations are constitutional.
• Rabbi Samuel Teitelbaum v. Sorenson
  648 F.2d 1248· 9th Cir.· 1981-06-26 ·cited 21×
  The court held that neither the novelty of a claim nor the defendant's good faith are special circumstances justifying the denial of attorney fees under 42 U.S.C. § 1988.
• Evans v. Carlton Croom
  650 F.2d 521· 4th Cir.· 1981-06-04 ·cited 21×·via 42 U.S.C. § 1983 Action
  The district court's rule for assessing partial filing fees for prisoner litigants is permissible, but remand is necessary to ensure prisoners have adequate notice and opportunity to explain account withdrawals.
• The Penthouse, Inc. v. Saba
  399 So. 2d 456· Fla. 2d DCA· 1981-06-03 ·cited 21×
  Penthouse Inc. sued individual Sarasota County commissioners under 42 U.S.C. § 1983, alleging they arbitrarily withheld approval of a condominium site plan in violation of zoning ordinances. The court affirmed the dismissal, holding that while officials have qualified immunity fo
• Keating v. Martin
  638 F.2d 1121· 8th Cir.· 1980-12-09 ·cited 21×
  The court held that the district court properly dismissed the appellant's § 1983 claims against various state officials due to immunity doctrines and lack of state action.
• Local Union NO. 35 OF the Int'l Bhd. OF Elec. Workers v. City OF Hartford
  625 F.2d 416· 2d Cir.· 1980-06-13 ·cited 21×·via Violation Of 42 U.S.C. § 1983
  The court, in a dissenting opinion, argues that the City of Hartford's affirmative action ordinance, which sets employment quotas based on race and sex, is a form of numerus clausus legislation that is constitutionally suspect and historically dangerous. The dissent believes the
• James v. Ball
  613 F.2d 180· 9th Cir.· 1979-10-12 ·cited 21×·via 42 U.S.C. § 1983 Action
  The court held that the Arizona statutes limiting voting in Salt River Project elections to landowners, with votes apportioned by acreage, violate the Equal Protection Clause of the Fourteenth Amendment because the District's operations, including its extensive electric utility s
• Gosney v. Sonora Indep. Sch. Dist.
  603 F.2d 522· 5th Cir.· 1979-09-28 ·cited 21×·via Section 1983
  The court held that while the school district's no-outside-employment rule was facially valid, its selective and discriminatory enforcement against Mr. Gosney violated his Fourteenth Amendment right to equal protection.
• United States ex rel. Lawrence Walker v. Fayette Cnty.
  599 F.2d 573· 3d Cir.· 1979-06-15 ·cited 21×
  A state prisoner's complaint alleging prison officials denied him medical care, leading to severe withdrawal symptoms, states a claim for relief under the Eighth Amendment.
• Cale v. The City OF Covington
  586 F.2d 311· 4th Cir.· 1978-11-03 ·cited 21×·via 42 U.S.C. § 1983 Action
  The court held that there is no implied cause of action for damages against a municipality under the Fourteenth Amendment, even with federal question jurisdiction, for the acts of its employees.
• Cabrera v. Municipality OF Bayamon
  562 F.2d 91· 1st Cir.· 1977-09-09 ·cited 21×
  The court held that the district court did not err in refusing to order the relocation of the landfill or condemnation of plaintiffs' property, and that substantial economic loss alone does not constitute a Fifth Amendment taking.
• Williams v. McCALL
  531 F.2d 1247· 5th Cir.· 1976-02-04 ·cited 21×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in dismissing the prisoner's civil rights complaint without affording him an opportunity to prove his allegations.
• Cleveland Kimbrough v. O'Neil
  523 F.2d 1057· 7th Cir.· 1975-08-14 ·cited 21×
  The court held that the plaintiff's allegations of cruel and unusual punishment and the loss of his property state claims for relief under 42 U.S.C. § 1983.
• Scott v. Vandiver
  476 F.2d 238· 4th Cir.· 1973-03-16 ·cited 21×
  A sheriff is liable under 42 U.S.C. § 1983 for the actions of temporary law enforcement officers he summons, even if those officers are county employees acting outside their normal duties. A county supervisor is not liable for such actions if the sheriff, not the supervisor, was
• Baxter v. Carson Hendren
  121 F.4th 873· 11th Cir.· 2024-11-13 ·cited 20×·via 42 U.S.C. § 1983 (Excessive Force)
  Deputy Jafet Santiago-Miranda fired ten shots into a vehicle that was accelerating toward him after he issued multiple commands for the driver to stop, killing two young occupants, and the plaintiffs sued for excessive force, failure to render medical aid, and battery. The Eleven
• Jackson v. Swanger
  97 F.4th 1343· 11th Cir.· 2024-04-05 ·cited 20×·via 42 U.S.C. § 1983 (Excessive Force)
  Amber Jackson sued Atlanta police officers Cody Swanger and Jeremiah Brandt under federal civil rights law, alleging they unlawfully seized her without reasonable suspicion and that Brandt failed to intervene when Swanger used excessive force against her during a chaotic encounte
• City OF Clearwater & Charles Esposito v. Williamson
  938 So. 2d 985· Fla. 2d DCA· 2006-07-28 ·cited 20×
  The City of Clearwater and Detective Charles Esposito appealed a jury verdict finding them liable for malicious prosecution, false arrest, and intentional infliction of emotional harm in connection with the arrest of Tony Williamson for a child sexual abuse allegation. The appell