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

• Elmore Cunningham v. Ward
  546 F.2d 481· 2d Cir.· 1976-12-01 ·cited 18×
  The court held that the pro se prisoner's claims were not wholly insubstantial or frivolous, requiring further proceedings.
• Minns v. Paul
  542 F.2d 899· 4th Cir.· 1976-08-09 ·cited 18×
  Court-appointed attorneys acting within the scope of their duties are entitled to absolute immunity from suits under 42 U.S.C. § 1983.
• Stebbins v. Weaver
  537 F.2d 939· 7th Cir.· 1976-07-07 ·cited 18×·via 42 U.S.C. § 1983 Claim For Violation Of Fourteenth Amendment Rights
  The court affirmed the dismissal, holding that the plaintiff did not possess a property or liberty interest sufficient to trigger Fourteenth Amendment procedural protections regarding the denial of tenure.
• Grundstrom v. Darnell
  531 F.2d 272· 5th Cir.· 1976-05-07 ·cited 18×
  A prisoner's civil rights action under 42 U.S.C.A. § 1983 is not timely before federal courts if it challenges the validity of confinement, which must first be addressed through a habeas corpus petition. Claims against judicial officers are barred by immunity.
• Apolinar Navarette, Jr. v. Jiro J. Enomoto
  536 F.2d 277· 9th Cir.· 1976-02-09 ·cited 18×
  The court held that a prisoner's allegations of mail interference and termination of privileges for legal activities, if proven, state a claim under 42 U.S.C. § 1983, and that negligent deprivation of rights can be actionable under § 1983. Claims based on respondeat superior were
• Culbertson v. Leland
  528 F.2d 426· 9th Cir.· 1975-10-03 ·cited 18×
  The seizure of a tenant's property by an innkeeper under state innkeeper's lien statutes, without a security interest in the property, constitutes state action.
• Moore v. Hinton
  513 F.2d 781· 5th Cir.· 1975-06-02 ·cited 18×
  A defendant need not be informed of the collateral consequence of driver's license suspension before pleading guilty to driving while intoxicated.
• Leonard v. Miss. State Prob. & Parole Bd.
  509 F.2d 820· 5th Cir.· 1975-03-17 ·cited 18×
  The court held that the decision in Gates v. Collier should not be applied retroactively to require expungement of pre-Gates prison disciplinary records, and that the class action was properly brought under § 1983.
• Palmigiano v. Mullen
  491 F.2d 978· 1st Cir.· 1974-02-19 ·cited 18×·via 42 U.S.C. § 1983 Claim For Damages
  A prisoner need not exhaust state judicial remedies before bringing a § 1983 action for damages. The district court erred in granting summary judgment solely on this ground.
• Knecht v. Gillman
  488 F.2d 1136· 8th Cir.· 1973-12-05 ·cited 18×·via 42 U.S.C. § 1983 Claim For Cruel And Unusual Punishment
  The court held that the involuntary administration of apomorphine, causing vomiting, constitutes cruel and unusual punishment under the Eighth Amendment, but its use with knowing and intelligent consent is permissible under specific guidelines.
• Knell v. Bensinger
  489 F.2d 1014· 7th Cir.· 1973-11-06 ·cited 18×
  The court held that an inmate's claim of denial of access to courts and procedural safeguards requires further factual determination, and that a claim regarding diminution of good time should also be reviewed.
• Houston Bassett v. Atlanta Indep. Sch. Dist.
  485 F.2d 1268· 5th Cir.· 1973-10-30 ·cited 18×
  The court held that the district court erred in ordering reinstatement and back pay for a position the plaintiff had explicitly rejected as a demotion, and reversed the award of attorney's fees.
• Morrow v. Giles W. Crisler
  479 F.2d 960· 5th Cir.· 1973-04-18 ·cited 18×·via Violation Of 42 U.S.C. § 1983
• Mancuso v. Taft
  476 F.2d 187· 1st Cir.· 1973-03-20 ·cited 18×·via Violation Of 42 U.S.C. § 1983
  A city charter provision prohibiting classified civil servants from becoming candidates for public office violates the Equal Protection Clause because it is not narrowly tailored to serve a compelling government interest.
• Wilderman v. Nelson
  467 F.2d 1173· 8th Cir.· 1972-10-04 ·cited 18×
  A probationary state employee dismissed for reasons that may damage their reputation or foreclose future employment opportunities is entitled to a pretermination hearing. Additionally, dismissal in retaliation for exercising constitutionally protected free speech rights requires
• Lilly Mae Onie Lee Whitelaw Hilliard v. Williams
  465 F.2d 1212· 6th Cir.· 1972-06-28 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Claim
  A prosecuting attorney is not absolutely immune from civil liability for acts outside his quasi-judicial capacity, such as deliberate suppression of exculpatory evidence.
• The Albany Welf. Rights Org. DAY Care Ctr., Inc. v. Schreck
  463 F.2d 620· 2d Cir.· 1972-06-09 ·cited 18×·via Violation Of 42 U.S.C. § 1983
  The court held that the complaint sufficiently alleged a claim for relief, stating that plaintiffs had a factual foundation to establish retaliation by defendants.
• Accardi v. United States
  435 F.2d 1239· 3d Cir.· 1970-12-28 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court affirmed the dismissal of the complaint, holding that while the appellant's insanity might toll the New Jersey statute of limitations for Section 1983 claims, the United States is not a 'person' under Section 1983, and other claims were barred by statutes of limitations
• ROY v. Louie L. Wainwright
  418 F.2d 231· 5th Cir.· 1969-11-12 ·cited 18×
  Federal courts will not interfere with state prison administration unless there is a clear abuse of discretion regarding prisoner treatment.
• Stevens v. Frick
  372 F.2d 378· 2d Cir.· 1967-02-01 ·cited 18×
  The federal anti-injunction statute, 28 U.S.C. § 2283, precludes federal courts from enjoining state court proceedings unless an exception applies, and no exception was demonstrated here.
• Sunflower Cnty. Colored Baptist Ass'n v. Trs. of Indianola Mun. Separate Sch. Dist.
  369 F.2d 795· 5th Cir.· 1966-12-01 ·cited 18×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the allegations in the removal petition were insufficient to meet the conditions for removal under 28 U.S.C. § 1443, as the eminent domain proceedings did not present a situation where federal rights would inevitably be denied.
• Deshawn Gervin v. Florence
  139 F.4th 1236· 11th Cir.· 2025-06-09 ·cited 17×·via 42 U.S.C. § 1983 Claim For Violation Of Fourth Amendment Rights
  Deshawn Gervin sued two Georgia probation officers under federal civil rights law, alleging they violated his Fourth Amendment rights by recklessly making false statements to obtain a warrant and pursue a probation revocation against him when the only condition of his probation—t
• Resnick v. KrunchCash, LLC
  34 F.4th 1028· 11th Cir.· 2022-05-20 ·cited 17×
  The Eleventh Circuit held that the district court erred in dismissing the plaintiffs' due process claim for lack of subject matter jurisdiction, as the claim was not so insubstantial or frivolous as to strip the court of its power to adjudicate.
• Del Castillo v. Sec'y, Fla. Dep't of Health
  26 F.4th 1214· 11th Cir.· 2022-02-18 ·cited 17×·via 42 U.S.C. § 1983 Action
  The Eleventh Circuit held that Florida's Dietetics and Nutrition Practice Act, as applied to the plaintiff, did not violate her First Amendment free speech rights because it regulated professional conduct with only an incidental effect on speech, and this reasoning from Locke v.
• WCI Cmtys., Inc. v. City OF Coral Springs
  885 So. 2d 912· Fla. 4th DCA· 2004-09-29 ·cited 17×
  WCI Communities challenged a nine-month temporary moratorium on multi-family development applications enacted by the City of Coral Springs, arguing it violated procedural and substantive due process rights and constituted a regulatory taking. The court affirmed the trial court's
• Mailly v. Ken Jenne as Sheriff of Broward Cnty.
  867 So. 2d 1250· Fla. 4th DCA· 2004-03-17 ·cited 17×
  The court held that the officers had probable cause to arrest the appellants for violating section 796.07(2)(g), Florida Statutes, which serves as a complete bar to their false arrest claims.
• Ondrey v. Patterson
  884 So. 2d 50· Fla. 2d DCA· 2004-02-27 ·cited 17×
  A corrections officer sought immunity from a wrongful death lawsuit arising from an inmate's suicide in jail custody. The court held that disputed factual evidence about whether the officer disregarded the inmate's known suicide risk precluded summary judgment on both sovereign i
• Maldonado v. Anne Josey
  975 F.2d 727· 10th Cir.· 1992-09-16 ·cited 17×
  The court held that compulsory school attendance does not create a constitutional duty for the state to protect schoolchildren from harm, distinguishing it from other custodial situations.
• Int'l Soc'y FOR Krishna Consciousness, Inc. v. LEE
  925 F.2d 576· 2d Cir.· 1991-02-08 ·cited 17×·via 42 U.S.C. § 1983 Action
  The court denied rehearing en banc.
• Charles v. Scotty Baesler
  910 F.2d 1349· 6th Cir.· 1990-08-14 ·cited 17×·via 42 U.S.C. § 1983 Action
  Substantive due process does not protect ordinary state-created contract rights, and a simple breach of contract by a government entity does not violate the Contracts Clause if state remedies remain available.
• Conlin v. Blanchard
  890 F.2d 811· 6th Cir.· 1989-11-27 ·cited 17×·via Violation Of 42 U.S.C. § 1983
  The court held that the statute of limitations barred claims for promotions denied outside the limitations period, and that the affirmative action plan's constitutionality required further factual development regarding its predicate and tailoring.
• Free v. Robert C. Granger, M.D.
  887 F.2d 1552· 11th Cir.· 1989-11-14 ·cited 17×
  The court held that the plaintiff's Section 1983 claims and pendent state law claims were barred by the applicable statutes of limitations, and that the county and sheriffs were not liable.
• Branch v. Lt. Randall A. Martin
  886 F.2d 1043· 8th Cir.· 1989-10-04 ·cited 17×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court failed to conduct the required de novo review of the magistrate's findings because it did not review the evidentiary hearing transcript or tape recording.
• NIX v. Norman
  879 F.2d 429· 8th Cir.· 1989-07-19 ·cited 17×
  The court held that the Eleventh Amendment bars monetary damages against state officials in their official capacity, but prospective injunctive relief is permissible. The complaint did not clearly state a claim against the defendant in his individual capacity.
• Evans v. City OF Chicago
  873 F.2d 1007· 7th Cir.· 1989-04-27 ·cited 17×·via Violation Of 42 U.S.C. § 1983
  The court held that the City's practice of prioritizing payment of tort judgments under $1,000 over larger judgments did not violate equal protection, reversing its prior decision. The court also held that the City's budgetary scheme for paying different types of judgments from s
• Figueroa-Rodriguez v. Aquino
  863 F.2d 1037· 1st Cir.· 1988-12-09 ·cited 17×·via 42 U.S.C. § 1983 Action
  The court held that the defendant Aquino was entitled to qualified immunity from damages because it was not clearly established in 1985 that political affiliation was inappropriate for the plaintiff's position. The court also remanded the back pay award issue to determine Elevent
• Lucien Sherrod v. Berry
  827 F.2d 195· 7th Cir.· 1987-08-20 ·cited 17×·via 42 U.S.C. § 1983 Liability
  The court held that the admission of evidence that the suspect was unarmed after the shooting was prejudicial and irrelevant, and that the jury instructions regarding prior misconduct were improper.
• Brandt v. Bd. OF Coop. Educ. Servs.
  820 F.2d 41· 2d Cir.· 1987-05-29 ·cited 17×·via Violation Of 42 U.S.C. § 1983
  The court held that placing stigmatizing charges in a discharged employee's personnel file, with a likelihood of disclosure to prospective employers, implicates a liberty interest requiring a name-clearing hearing.
• Wilson v. Stocker
  819 F.2d 943· 10th Cir.· 1987-05-14 ·cited 17×·via Violation Of 42 U.S.C. § 1983
  The court held that the Oklahoma statute prohibiting anonymous campaign literature distribution is facially overbroad and violates the First Amendment, and that attorney's fees were properly awarded under 42 U.S.C. § 1988.
• Tom U.U. Okure v. Javan Owens and Daniel G. Lessard
  816 F.2d 45· 2d Cir.· 1987-04-06 ·cited 17×
  The court held that the three-year statute of limitations for general personal injury actions in New York, N.Y.C.P.L.R. § 214(5), applies to all 42 U.S.C. § 1983 claims, as mandated by the Supreme Court in Wilson v. Garcia.
• Anela v. City OF Wildwood
  790 F.2d 1063· 3d Cir.· 1986-05-22 ·cited 17×·via 42 U.S.C. § 1983 Liability
  The court held that a municipality's adherence to a state judge's illegal bail schedule, even if blatantly illegal, does not constitute a municipal policy for Monell liability purposes.
• Montauk-Caribbean Airways, Inc. v. Hope
  784 F.2d 91· 2d Cir.· 1986-02-14 ·cited 17×·via Violation Of 42 U.S.C. § 1983
  The court held that the Local Government Antitrust Act and the state action doctrine barred antitrust claims against the municipality, and that no private right of action exists under the Federal Aviation Act or § 1983.
• Littlejohn v. Rose
  768 F.2d 765· 6th Cir.· 1985-07-16 ·cited 17×
  The court held that denying a non-tenured teacher employment based on her divorce proceedings violates her constitutional right to privacy, and qualified immunity does not shield the superintendent from all forms of relief sought.
• In re Kansas Congressional Districts Reapportionment Cases. Pat O'Sullivan v. Brier
  745 F.2d 610· 10th Cir.· 1984-10-05 ·cited 17×·via Violation Of 42 U.S.C. § 1983
  The court held that plaintiffs were prevailing parties entitled to attorney's fees under 42 U.S.C. § 1988, and that the fees awarded were reasonable, but remanded for determination of additional fees for the appeal.
• Velazquez v. Chardon
  736 F.2d 831· 1st Cir.· 1984-06-21 ·cited 17×
  The court held that plaintiffs failed to allege sufficient facts to support a continuing violation theory, thus their claims were time-barred.
• Laskaris v. Thornburgh
  733 F.2d 260· 3d Cir.· 1984-04-24 ·cited 17×·via Violation Of 42 U.S.C. § 1983
  The court denied the petition for rehearing, meaning the prior panel decision stands.
• Otey v. Best
  680 F.2d 1231· 8th Cir.· 1982-06-23 ·cited 17×
  The court held that the prison regulation prohibiting death row inmates from attending corporate worship services did not impermissibly infringe on the inmate's First Amendment right to free exercise of religion, as it was reasonably justified by institutional security concerns.
• Tidwell v. Schweiker
  677 F.2d 560· 7th Cir.· 1982-04-30 ·cited 17×·via Violation Of 42 U.S.C. § 1983
  The court held that the original DMH Form 623 violated 42 U.S.C. § 407 and that the named plaintiffs had standing to challenge the system. The court affirmed the award of attorney's fees but reversed the use of a lodestar multiplier.
• Dasher v. The Supreme Court OF Tex.
  658 F.2d 1045· 5th Cir.· 1981-10-13 ·cited 17×
  The court held that the district court erred in granting summary judgment because the Board of Law Examiners did not change the rules and the plaintiff was not prejudiced by any alleged change.
• Columbus Educ. Ass'n v. Columbus City Sch. Dist.: Va. E. Printice
  623 F.2d 1155· 6th Cir.· 1980-06-30 ·cited 17×·via Violation Of 42 U.S.C. § 1983