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

• Anderson v. Haas
  341 F.2d 497· 3d Cir.· 1965-02-12 ·cited 19×
  The court held that the legality of an arrest under 42 U.S.C. § 1983 is determined by federal constitutional standards, not state law, and that the officers had probable cause to arrest the plaintiff.
• Williams v. Polk Cnty. Sheriff's Off.
  192 F. Supp. 3d 1353· M.D. Fla.· 2023-10-20 ·cited 18×·via 42 U.S.C. § 1983 Liability
  A governmental entity is not liable under 42 U.S.C. § 1983 based solely on respondeat superior; liability requires proof of an official policy or custom that caused the constitutional violation.
• Lyncoln Danglar v. State of Ga.
  50 F.4th 54· 11th Cir.· 2022-09-29 ·cited 18×·via 42 U.S.C. § 1983 Action
  The court held that a civilly detained individual, such as an immigration detainee, is not a "prisoner" under the Prison Litigation Reform Act (PLRA), and therefore the PLRA's early screening and fee provisions do not apply to their actions.
• Ruiz v. Officer Jennifer Wing
  991 F.3d 1130· 11th Cir.· 2021-03-12 ·cited 18×·via 42 U.S.C. § 1983 (Excessive Force)
  A pro se motion for a new trial, even if stricken as unauthorized, tolls the time for filing a notice of appeal if filed within the time allowed by rule. However, the court affirmed the judgment as none of the appellant's claims had merit.
• Dahly v. Dep't OF Child. & Fam. Servs.
  876 So. 2d 1245· Fla. 2d DCA· 2004-07-02 ·cited 18×·via Violation Of 42 U.S.C. § 1983
  Ronald Dahly, former executive director of a nonprofit providing services for developmentally disabled adults, appealed a partial summary judgment dismissing most of his claims against the Department of Children and Family Services and its officials for alleged tortious conduct,
• Ammons v. Okeechobee Cnty.
  710 So. 2d 641· Fla. 4th DCA· 1998-04-15 ·cited 18×
  Lisa Ammons and other appellants sought damages and injunctive relief after Okeechobee County revoked their occupational license for a commercial aluminum business, claiming the county was equitably estopped from doing so and that their constitutional rights were violated. The Fo
• Fla. Game & Freshwater Fish Comm'n & the Dep't of Env't Prot. v. Denzel Dockery
  676 So. 2d 471· Fla. 1st DCA· 1996-06-11 ·cited 18×
  The Florida Game and Freshwater Fish Commission and Department of Environmental Protection appealed a judgment awarding $625,000 in false arrest damages to Denzel Dockery, challenging the trial court's finding that no probable cause existed for his arrest. The appellate court rev
• Rogers v. C.W. Miller
  57 F.3d 986· 11th Cir.· 1995-06-22 ·cited 18×·via 42 U.S.C. § 1983 Liability
  Four members of the Brevard County Sheriff's Department sued under 42 U.S.C. § 1983, alleging that Sheriff C.W. Miller and supervisory defendants violated their First Amendment rights by taking adverse employment action in retaliation for their political support of Miller's oppon
• McRAE v. Douglas
  644 So. 2d 1368· Fla. 5th DCA· 1994-09-30 ·cited 18×·via Violation Of 42 U.S.C. § 1983
  Kenneth McRae, a correctional officer and deputy sheriff appointed by the Putnam County Sheriff, appealed the dismissal of his four-count complaint alleging wrongful discharge. The court affirmed dismissal, holding that appointed deputy sheriffs and correctional officers lack a c
• Mitchell v. Toledo Hosp.
  964 F.2d 577· 6th Cir.· 1992-05-21 ·cited 18×·via Violation Of 42 U.S.C. § 1983
  The court held that the employee handbook's 'misuse' provision was not clearly established as a basis for termination, creating a genuine issue of material fact regarding pretext for discrimination.
• Brummett v. Camble
  946 F.2d 1178· 5th Cir.· 1991-11-14 ·cited 18×
  Prosecutors are absolutely immune from § 1983 liability for initiating prosecutions, even if they have a conflict of interest or act in a private capacity. A § 1983 malicious prosecution claim accrues upon favorable termination of the underlying criminal proceeding.
• Burns v. The City OF Galveston
  905 F.2d 100· 5th Cir.· 1990-07-11 ·cited 18×
  The court held that the city's failure to adhere to its hourly cell check policy and its alleged inadequate training of officers did not rise to the level of deliberate indifference required for a § 1983 claim, as the actions did not cause the detainee's suicide and there is no c
• Bradier Steve Landol-Rivera v. Cosme
  906 F.2d 791· 1st Cir.· 1990-06-20 ·cited 18×
  The court held that an accidental shooting of a hostage by police during a pursuit does not constitute a Fourth Amendment seizure, and a due process claim requires more than negligence.
• Hale v. Fish
  899 F.2d 390· 5th Cir.· 1990-04-30 ·cited 18×·via 42 U.S.C. § 1983 Liability
  The court held that the district court correctly analyzed Section 1983 liability, qualified immunity, and the liability of specific agents, affirming the liability phase and modifying the attorney fees award.
• John v. Honorable Michael J. Barron
  897 F.2d 1387· 7th Cir.· 1990-03-08 ·cited 18×
  The court held that appellate jurisdiction for Rule 11 sanctions is lacking if the amount of fees is not determined, that judicial immunity shields a state judge from damages for acts within jurisdiction, and that appeals with perfunctory briefs are dismissed.
• Geitz v. Lindsey
  893 F.2d 148· 7th Cir.· 1990-01-19 ·cited 18×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the trial court did not abuse its discretion in admitting limited evidence of the plaintiff's pending charges and prior convictions to show the defendants' state of mind and the reasonableness of their actions.
• Wells v. Brown
  891 F.2d 591· 6th Cir.· 1989-12-12 ·cited 18×·via 42 U.S.C. § 1983 Action
  The court held that plaintiffs' complaint did not sufficiently allege that state officials were sued in their individual capacities for damages, thus failing to establish federal jurisdiction under the Eleventh Amendment.
• Royce Calvin Sands, II v. Lewis
  886 F.2d 1166· 9th Cir.· 1989-09-29 ·cited 18×·via 42 U.S.C. § 1983 Claim For Denial Of Access To Courts
  The court held that a prisoner's claim of denial of access to courts requires alleging an "actual injury" unless the claim concerns the adequacy of law libraries or legal assistance. The court also held that a prison's rule limiting typewriter memory capability does not violate a
• Moore v. The City OF Kilgore
  877 F.2d 364· 5th Cir.· 1989-07-18 ·cited 18×
  The court held that firefighter Gary Moore's statements to the media regarding fire department staffing shortages constituted speech on a matter of public concern, and the City of Kilgore's interest in efficient operation did not outweigh Moore's First Amendment rights. The court
• Frazier v. King
  873 F.2d 820· 5th Cir.· 1989-05-30 ·cited 18×
  The majority found that neither federal nor state claim preclusion rules barred the plaintiff's § 1983 claim. The dissenting judge disagreed with the suggestion that a federal claim preclusion rule could apply.
• Gilpin v. Am. Fed'n OF State, Cnty., & Mun. Emps., AFL-CIO
  875 F.2d 1310· 7th Cir.· 1989-05-24 ·cited 18×·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiffs failed to demonstrate harm from the union's inadequate notices regarding agency fees, and thus were not entitled to restitution or punitive damages. Class certification was also denied due to a conflict of interest.
• Pleasant v. Lovell
  876 F.2d 787· 10th Cir.· 1989-05-16 ·cited 18×
  The court held that the determination of whether an individual acted as a government agent for Section 1983 purposes, when credibility is not at issue, is a question of law for the court, not the jury.
• Bartholomew J. Lawson and Nancy L. Lester v. Abrams
  863 F.2d 260· 2d Cir.· 1988-12-20 ·cited 18×
  The court held that the appeal from the district court's order granting leave to amend the complaint and denying a motion to dismiss based on absolute immunity was premature and dismissed for lack of appellate jurisdiction.
• Sewell v. Jefferson Cnty. Fiscal Court
  863 F.2d 461· 6th Cir.· 1988-12-19 ·cited 18×
  The court held that the plaintiff did not waive her right to a jury trial on her section 1981 and 1983 claims, as the waiver was not clear, knowing, or voluntary.
• Hernandez v. Denton
  861 F.2d 1421· 9th Cir.· 1988-11-23 ·cited 18×
  A district court may dismiss a pro se in forma pauperis complaint as frivolous only if it lacks any "arguable substance in law or fact," and cannot dismiss based on credibility determinations of the allegations.
• Lokmar Yazid Abdul-Wadood v. Duckworth
  860 F.2d 280· 7th Cir.· 1988-10-24 ·cited 18×
  The court held that the restrictions placed on the inmate were a necessary emergency response to an escape attempt, not disciplinary action, and thus did not violate due process. Damages claims were properly dismissed due to lack of personal involvement and failure to properly pl
• Coen v. Runner
  854 F.2d 374· 10th Cir.· 1988-08-16 ·cited 18×·via Violation Of 42 U.S.C. § 1983
  Government officials are entitled to qualified immunity when their actions do not violate clearly established law and are objectively reasonable, even if a subsequent judicial determination finds no probable cause for an arrest warrant.
• Young v. Grady B. Lynch
  846 F.2d 960· 4th Cir.· 1988-05-20 ·cited 18×
  The court held that it has jurisdiction to hear an interlocutory appeal from the denial of qualified immunity even when the plaintiff also seeks injunctive relief, and that the prison officials were entitled to qualified immunity from damages.
• Eilrich v. Remas
  839 F.2d 630· 9th Cir.· 1988-02-17 ·cited 18×
  Collateral estoppel bars a federal civil rights claim if the same issues were resolved in a prior administrative proceeding that would be given preclusive effect under state law, even if that proceeding was not judicially reviewed.
• The Daily Herald Co. v. Munro
  838 F.2d 380· 9th Cir.· 1988-02-02 ·cited 18×·via 42 U.S.C. § 1983 Action
  The Washington statute restricting exit polls violates the First Amendment by encroaching on traditional public forums and limiting the media's access to information crucial for public debate.
• Chauncey Marvin Holt v. Castaneda
  832 F.2d 123· 9th Cir.· 1987-11-06 ·cited 18×
  A police officer who gives perjurious testimony during adversarial pretrial proceedings in a criminal matter is entitled to absolute witness immunity from liability under 42 U.S.C. § 1983.
• Ivey v. Wilson
  832 F.2d 950· 6th Cir.· 1987-11-04 ·cited 18×
  The court held that the evidence was sufficient to satisfy the 'some evidence' standard for due process, and therefore the finding of guilt did not violate due process.
• McNEIL v. Lowney
  831 F.2d 1368· 7th Cir.· 1987-10-20 ·cited 18×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not abuse its discretion in denying the inmate's motions for appointment of counsel and for the issuance of subpoenas to compel physician testimony.
• Odessa L. Reeves v. Claiborne Cnty. Bd. OF Educ.
  828 F.2d 1096· 5th Cir.· 1987-10-05 ·cited 18×·via 42 U.S.C. § 1983 Liability
  The court held that a public employee's truthful testimony in a civil lawsuit, even if neutral, constitutes protected speech under the First Amendment, and retaliation for such testimony warrants back pay and reinstatement.
• Baja Contractors, Inc. v. The City OF Chicago
  830 F.2d 667· 7th Cir.· 1987-09-16 ·cited 18×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in granting a preliminary injunction because Baja did not demonstrate a likelihood of success on the merits, specifically lacking a protected property interest in MBE certification as a concrete supplier.
• Wolfenbarger v. Clancy Williams
  826 F.2d 930· 10th Cir.· 1987-08-03 ·cited 18×
  The court held that the defendants should have known that the law did not permit them to seize property from a pawn shop owner and turn it over to the true owner without affording the owner due process, and that the seizure of stereo items without a warrant violated clearly estab
• Ellena Harris v. City OF Pagedale
  821 F.2d 499· 8th Cir.· 1987-06-17 ·cited 18×
  The court held that the evidence supported the jury's finding of a municipal custom of deliberate indifference to police misconduct, and that this custom proximately caused the plaintiff's assault, establishing municipal liability under 42 U.S.C. § 1983.
• Arline M. Soderbeck v. Burnett Cnty.
  821 F.2d 446· 7th Cir.· 1987-06-15 ·cited 18×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the county is not liable for the sheriff's actions because the sheriff is considered a state officer under Wisconsin law, not a county policymaker, and prior rulings established this precedent.
• Dace v. Mickelson
  816 F.2d 1277· 8th Cir.· 1987-04-28 ·cited 18×·via 42 U.S.C. § 1983 Action
• Palmer v. City OF SAN Antonio
  810 F.2d 514· 5th Cir.· 1987-02-23 ·cited 18×
  The court held that the district court erred in dismissing the claims against the individual officers in their individual capacities, but correctly dismissed the claim against the city due to insufficient allegations of policy or custom.
• Fraternal Order OF Police v. City OF Philadelphia
  812 F.2d 105· 3d Cir.· 1987-02-17 ·cited 18×
  The court held that questions regarding medical history, financial status, gambling habits, alcohol consumption, and organizational memberships do not unconstitutionally impinge on police applicants' privacy rights when balanced against the state's interest in selecting qualified
• Bergren v. City OF Milwaukee
  811 F.2d 1139· 7th Cir.· 1987-02-11 ·cited 18×
  The court held that the officers had probable cause to arrest and detain the juvenile, and the conditions and duration of his confinement did not violate his constitutional rights.
• Coleman v. Smith
  814 F.2d 1142· 7th Cir.· 1987-01-20 ·cited 18×·via 42 U.S.C. § 1983 Action
  The court holds that the Village of Robbins is not liable for acts of its officials that are clearly outside the scope of their employment, distinguishing this case from prior precedent.
• Washington v. Dist. OF Columbia
  802 F.2d 1478· D.C. Cir.· 1986-10-14 ·cited 18×
  The reckless failure of state officials to remedy unsafe prison conditions does not deprive a prison guard of a liberty interest secured by the Fourteenth Amendment, and thus is not actionable under 42 U.S.C. § 1983.
• Goff v. Crispus NIX
  803 F.2d 358· 8th Cir.· 1986-10-09 ·cited 18×
  The court held that visual body cavity searches of inmates, as part of a prison's security policy, do not violate the Fourth Amendment when the security needs outweigh the minimal intrusion on inmate privacy, and reversed the district court's injunction except as noted.
• Terry Props., Inc. v. Standard OIL Co. (IND)
  799 F.2d 1523· 11th Cir.· 1986-09-24 ·cited 18×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the district court's findings on liability for race discrimination and interference claims, but reversed the award of attorney's fees for some appellees.
• Hannah v. City OF Overland
  795 F.2d 1385· 8th Cir.· 1986-07-08 ·cited 18×
  The court held that the district court did not err in excluding alibi evidence, deposition testimony, or denying leave to amend, and that any error in admitting prior convictions was harmless.
• Jong Hee Small v. The Inhabitants OF the City OF Belfast & James Murphy
  796 F.2d 544· 1st Cir.· 1986-06-27 ·cited 18×·via 42 U.S.C. § 1983 Action
• Niehaus v. Kan. BAR Ass'n
  793 F.2d 1159· 10th Cir.· 1986-06-13 ·cited 18×
  The court held that appellants failed to establish that their employer received federal financial assistance for the Rehabilitation Act claim, and that their terminations were not the result of state action for the civil rights claims. The court also held that appellants waived t
• Harlan L. Jacobsen v. Filler
  790 F.2d 1362· 9th Cir.· 1986-05-29 ·cited 18×
  The court should recognize the right of pro se litigants to be adequately informed of their procedural obligations before summary judgment is entered against them.