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

• Levon Brown v. United States
  486 F.2d 284· 8th Cir.· 1973-10-29 ·cited 20×·via 42 U.S.C. § 1983 Liability
  The court held that the United States is liable under the FTCA for its own negligence in placing a prisoner in an inadequate facility, but not for the negligence of the county jailer or sheriff.
• Gale Hearold Johnson v. Dailey
  479 F.2d 86· 8th Cir.· 1973-05-17 ·cited 20×·via Section 1983
  The dissenting judge would apply Iowa's five-year general statute of limitations to the civil rights action.
• Murray v. W. Baton Rouge Parish Sch. Bd.
  472 F.2d 438· 5th Cir.· 1973-01-19 ·cited 20×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the Louisiana public school disciplinary statutes, school rules, and psychological testing practices did not violate the students' constitutional rights.
• Mrs. Susan Cohen v. Chesterfield Cnty. Sch. Bd. & Dr. Robert F. Kelly
  474 F.2d 395· 4th Cir.· 1973-01-15 ·cited 20×·via Violation Of 42 U.S.C. § 1983
  The court held that a school district's mandatory maternity leave policy, requiring teachers to cease work five months before expected childbirth, constituted sex discrimination and denied equal protection.
• Hubbard v. Ammerman
  465 F.2d 1169· 5th Cir.· 1972-09-06 ·cited 20×·via Violation Of 42 U.S.C. § 1983
• Shirck v. Thomas
  447 F.2d 1025· 7th Cir.· 1971-09-02 ·cited 20×
  The dissenting judge believes the majority's interpretation of the due process clause to protect against arbitrary termination of public employment is an erroneous expansion of federal judicial power.
• Darcel L. Bright v. Isenbarger
  445 F.2d 412· 7th Cir.· 1971-07-13 ·cited 20×·via Violation Of 42 U.S.C. § 1983
  The court held that the expulsion of students from a private parochial school did not constitute state action, and therefore the Fourteenth Amendment did not apply.
• Butts v. Dallas Indep. Sch. Dist. & Nolan Estes
  436 F.2d 728· 5th Cir.· 1971-01-14 ·cited 20×·via Violation Of 42 U.S.C. § 1983
  The court held that school officials cannot prohibit students from wearing black armbands to protest the Vietnam War if the protest does not substantially disrupt school discipline, as such armbands are akin to pure speech protected by the First Amendment.
• Dearman v. Woodson
  429 F.2d 1288· 10th Cir.· 1970-07-14 ·cited 20×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the pro se complaint, alleging cruel and unusual punishment for 50.5 hours without food, stated a cause of action under 42 U.S.C. § 1983, and the dismissal was premature.
• ORR v. Thorpe
  427 F.2d 1129· 5th Cir.· 1970-06-10 ·cited 20×
  The court held that a complaint alleging a school board's policy aimed at destroying a teachers' association states a claim under section 1983 for interference with freedom of association.
• Johnson v. Mueller
  415 F.2d 354· 4th Cir.· 1969-08-29 ·cited 20×
  The court held that the district court erred in dismissing the pro se plaintiff's complaints for lack of jurisdiction without considering whether they stated a claim under the Civil Rights Act of 1871.
• Dorsey v. Nat'l Ass'n FOR the Advancement OF Colored People
  408 F.2d 1022· 5th Cir.· 1969-03-18 ·cited 20×·via 42 U.S.C. § 1983 Action
  A city police officer's tenure rights, derived solely from state law, cannot be vindicated under 42 U.S.C. § 1983.
• Wendall Jermaine Hall v. Lieutenant Peter Merola
  67 F.4th 1282· 11th Cir.· 2023-05-17 ·cited 19×
  Wendall Hall sued correctional officers under Section 1983 for using chemical agents against him and withholding food in retaliation for filing grievances, but the district court dismissed his claims against two officers on Heck grounds and allowed only nominal damages against a
• Chakra 5 v. City of Miami Beach
  254 So. 3d 1056· Fla. 3d DCA· 2018-08-22 ·cited 19×
  Claims based on injuries occurring before May 20, 2009, are time-barred under Florida's four-year statute of limitations for § 1983 actions, and the continuing tort doctrine does not apply because the complaint alleges discrete acts rather than a single continuing wrong. Substant
• Rutherford v. Crosby
  438 F.3d 1087· 11th Cir.· 2006-01-30 ·cited 19×
  The district court correctly dismissed the petitioner's complaint for lack of jurisdiction, finding it to be the functional equivalent of a successive habeas corpus petition. The court also denied the application for a stay of execution, concluding that the petitioner had unduly
• Reed v. Sharon Mims & the AeroThrust Corp. of Miami
  711 So. 2d 169· Fla. 3d DCA· 1998-05-13 ·cited 19×·via 42 U.S.C. § 1983 Civil Rights Claim
  An indigent prisoner's civil complaint was dismissed under Florida's 1996 anti-frivolous lawsuit statute (§ 57.085). The court reversed dismissal of the fraud count against one defendant, allowing amendment, while affirming dismissal of defamation and civil rights claims.
• Jacobi v. City OF Miami Beach
  678 So. 2d 1365· Fla. 3d DCA· 1996-08-21 ·cited 19×
  Property owners appealed a summary judgment dismissing their inverse condemnation and federal substantive due process claims under 42 U.S.C.A. section 1983 against the City of Miami Beach and Board of Adjustment. The owners sought damages for losses from an erroneous Board decisi
• Nasierowski Bros. Inv. Co. v. City OF Sterling Heights
  949 F.2d 890· 6th Cir.· 1991-11-22 ·cited 19×·via 42 U.S.C. § 1983 Action
  Procedural due process claims in zoning matters are not always subject to finality requirements for ripeness.
• Coughlin v. LEE
  946 F.2d 1152· 5th Cir.· 1991-11-12 ·cited 19×
  The court held that the deputies' leak of evidence did not address a matter of public concern, thus affirming the directed verdict on their free speech claim. However, the court reversed the discovery rulings concerning their political association claim, remanding for reconsidera
• Frank and Seba Genty and Jamie and Frank Genty, Jr. v. Resolution Tr. Corp.
  937 F.2d 899· 3d Cir.· 1991-07-08 ·cited 19×·via 42 U.S.C. § 1983 Liability
  A municipality can be held liable under RICO for the predicate acts of its officers or agents, and the court has jurisdiction over the appeal via Rule 54(b) certification.
• Duran v. City OF Douglas
  904 F.2d 1372· 9th Cir.· 1990-06-04 ·cited 19×
  The court held that a police officer's stop and arrest of an individual for making obscene gestures and yelling profanities, which constituted protected speech, was unlawful and violated clearly established constitutional rights, thus denying qualified immunity. The court also fo
• Rodriguez v. Comas
  888 F.2d 899· 1st Cir.· 1989-05-30 ·cited 19×·via Violation Of 42 U.S.C. § 1983
  The court held that the arresting officer was not entitled to qualified immunity because the plaintiff's right not to be arrested for refusing to answer questions was clearly established and the officer's belief that the arrest was lawful was unreasonable. The court also held tha
• Criss v. The City OF Kent
  867 F.2d 259· 6th Cir.· 1988-12-28 ·cited 19×
  The court held that the district court did not err in granting summary judgment, as probable cause existed for the arrest and no duty to investigate further was constitutionally required.
• Giles v. Garwood
  853 F.2d 876· 11th Cir.· 1988-08-30 ·cited 19×
  The court held that the appellant's § 1983 action was barred by the statute of limitations and that the district court did not abuse its discretion in denying the motion to disqualify the judge.
• Wood v. Franklin Y.K. Sunn
  852 F.2d 1205· 9th Cir.· 1988-07-27 ·cited 19×
  The court held that prison staff acted with deliberate indifference to an inmate's serious medical needs, but reversed the judgment against prison administrators due to lack of personal involvement and remanded the attorney's fees award for reconsideration.
• Spears v. Thigpen
  846 F.2d 1327· 11th Cir.· 1988-06-13 ·cited 19×
  The court held that an inmate's claims for injunctive and declaratory relief regarding confinement conditions become moot upon transfer to another facility, but a due process claim regarding continued segregation may remain a live controversy.
• Dick Dickeson and Beth Weaver v. Deloyd Quarberg & the Bd. of Cnty. Comm'rs of Hot Springs Cnty.
  844 F.2d 1435· 10th Cir.· 1988-04-25 ·cited 19×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiffs did not possess a property interest in their employment and their liberty interests were not violated, but a genuine issue of material fact exists regarding whether their First Amendment freedom of association was violated by their discharge bas
• McCUNE v. The City OF Grand Rapids
  842 F.2d 903· 6th Cir.· 1988-03-25 ·cited 19×
  The court held that the statute of limitations for a section 1983 claim accrues when the plaintiff knows or has reason to know of the injury, and that continuing incarceration is an effect, not a continuing tort.
• Francis v. FOX
  838 F.2d 1147· 11th Cir.· 1988-02-29 ·cited 19×·via Violation Of 42 U.S.C. § 1983
  The court held that the prisoner had no protected liberty interest in obtaining work-release under the Due Process Clause, and the work-release regulation did not constitute an ex post facto law.
• J.G. v. The Bd. OF Educ. OF the Rochester City Sch. Dist.
  830 F.2d 444· 2d Cir.· 1987-09-29 ·cited 19×
  The court concurred that counsel fees could be awarded to prevailing parties when direct court action is the only means to redress statutory violations concerning handicapped children's education.
• Trinidad Roure v. Colon
  824 F.2d 139· 1st Cir.· 1987-07-24 ·cited 19×·via 42 U.S.C. § 1983 Action
  The court held that defendants were entitled to qualified immunity for the translator's First Amendment claim, but the issue of qualified immunity for the due process claims of four trust employees should be reconsidered by the district court, and affirmed the denial of qualified
• Chapman v. City OF Detroit
  808 F.2d 459· 6th Cir.· 1986-12-30 ·cited 19×
  The court held that the district court properly dismissed the plaintiffs' ADEA claims because the EEOC's intervention in a state court action terminated the individual plaintiffs' right to sue, and their § 1983 claims were properly dismissed for failing to state a claim with suff
• Spinar v. S.D. Bd. OF Regents
  796 F.2d 1060· 8th Cir.· 1986-07-23 ·cited 19×
  The Court of Appeals dismissed the appeal for lack of jurisdiction because the district court lacked jurisdiction to vacate its original judgment and enter a new one after the time for appeal had expired.
• Armstead v. Pingree
  629 F. Supp. 273· M.D. Fla.· 1986-01-29 ·cited 19×·via Violation Of 42 U.S.C. § 1983
  The court denied the motion to dismiss, finding that plaintiffs' allegations of constitutional violations and statutory rights under § 1983 and § 504 stated a federal question. The court also granted the motion to amend the class, certifying two subclasses.
• Wolfenbarger v. Clancy Williams
  774 F.2d 358· 10th Cir.· 1985-09-26 ·cited 19×·via Violation Of 42 U.S.C. § 1983
  The dissenting judge believes the due process issue was not properly decided on summary judgment and would remand for further consideration of post-deprivation remedies.
• Hall v. Sutton
  755 F.2d 786· 11th Cir.· 1985-03-19 ·cited 19×
  The court held that claims of substantive constitutional right violations are not barred by the availability of state remedies, but claims of procedural due process violations are barred if adequate state remedies exist. The court affirmed dismissal of claims barred by Parratt v.
• DiRUGGIERO v. Rodgers
  743 F.2d 1009· 3d Cir.· 1984-09-17 ·cited 19×
  The court held that claims under the Parental Kidnapping Prevention Act (PKPA) arise under federal law, and that the domestic relations exception does not bar diversity jurisdiction over a state-law child abduction tort claim.
• Phelps v. Hous. Auth. OF Woodruff & L.G. Casey
  742 F.2d 816· 4th Cir.· 1984-08-24 ·cited 19×·via Violation Of 42 U.S.C. § 1983
  The court held that the Housing Act's preference and notice provisions do not create rights enforceable under 42 U.S.C. § 1983, and that the preference does not rise to the level of a constitutionally protected property interest.
• Krynicky v. Univ. OF Pittsburgh
  742 F.2d 94· 3d Cir.· 1984-08-23 ·cited 19×
  The Supreme Court's recent decisions in the Lugar trilogy did not overrule prior circuit precedent (Braden) establishing a 'symbiotic relationship' between the Commonwealth and state-related universities like Pitt and Temple.
• Leanna Jaco v. Bloechle
  739 F.2d 239· 6th Cir.· 1984-07-24 ·cited 19×·via Violation Of 42 U.S.C. § 1983
  A Section 1983 civil rights claim can survive a decedent's death under Ohio law if the state's survival statute is not inconsistent with federal policy, even if the death was instantaneous.
• David Yashon, M.D. v. Ian W. Gregory, M.D.
  737 F.2d 547· 6th Cir.· 1984-06-20 ·cited 19×
  The court held that the district court erred by granting summary judgment sua sponte without proper notice and opportunity to respond, and that genuine issues of material fact remain regarding the plaintiff's property interest claim, entitling him to discovery.
• Walker v. A.L. Lockhart
  726 F.2d 1238· 8th Cir.· 1984-01-18 ·cited 19×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court, sitting en banc, granted a petition for recall of mandate and remanded the case to the district court to take evidence on new factual issues. These issues include testimony from Russell Kumpe and his former wife regarding Kumpe's alleged firing of a gun, and the admiss
• Marylee Benavidez v. Gunnell
  722 F.2d 615· 10th Cir.· 1983-12-08 ·cited 19×·via Violation Of 42 U.S.C. § 1983
  The court held that the prosecutor and police officers were entitled to qualified immunity because they acted in good faith and with probable cause, and that private parties were not liable under §§ 1983 or 1985 for merely reporting a state crime.
• Wells v. Doland
  711 F.2d 670· 5th Cir.· 1983-08-08 ·cited 19×
  A non-tenured professor has no property interest in continued employment absent a protected property or liberty interest, but may have a liberty interest if stigmatizing charges are made public and a hearing is denied.
• Todd v. Alton Baskerville
  712 F.2d 70· 4th Cir.· 1983-07-06 ·cited 19×·via 42 U.S.C. § 1983 Action
  The court affirmed the dismissal of the Holsey action as frivolous but remanded the Todd action for the district court to determine if changed circumstances (release from custody) would permit a § 1983 action without state exhaustion.
• Charles v. Wade
  665 F.2d 661· 5th Cir.· 1982-01-11 ·cited 19×·via 42 U.S.C. § 1983 Liability
  Police officers testifying within the scope of their duties should have good-faith, qualified immunity from § 1983 liability, not absolute immunity.
• Zorick v. Tynes
  372 So. 2d 133· Fla. 1st DCA· 1979-06-08 ·cited 19×
  A blind applicant who was offered but then denied employment as a physical education teacher challenged his rejection under Florida and federal disability laws. The court held that Florida's anti-discrimination statute requires public school employers to give disabled applicants
• Davis v. Or. State Univ.
  591 F.2d 493· 9th Cir.· 1978-11-13 ·cited 19×
  A claim for violation of a liberty interest does not survive the death of the individual whose interest was allegedly violated, and absent a protectable liberty interest, a § 1983 claim for damages is not viable.
• Krause v. Rhodes
  570 F.2d 563· 6th Cir.· 1977-09-12 ·cited 19×
  The Governor was entitled to a directed verdict as a matter of law, and any other trial errors were harmless. The jury issue regarding threats against a juror should be remanded for an evidentiary hearing.
• In re Stump
  449 F.2d 1297· 1st Cir.· 1971-10-29 ·cited 19×
  The court held that the district court did not abuse its discretion in denying a prisoner leave to proceed in forma pauperis when he had a cash credit with the warden.