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

• Crocker v. Hakes
  616 F.2d 237· 5th Cir.· 1980-05-02 ·cited 17×
  The court held that the city council's actions did not violate the appellant's constitutional rights, and therefore affirmed the grant of summary judgment.
• Wilson v. Beebe
  612 F.2d 275· 6th Cir.· 1980-01-04 ·cited 17×·via 42 U.S.C. § 1983 Liability
  A § 1983 action will not lie against police supervisory officers for failure to prevent misconduct absent a showing of direct responsibility.
• Myers v. Bull
  599 F.2d 863· 8th Cir.· 1979-06-11 ·cited 17×·via 42 U.S.C. § 1983 Action
  The court held that a police officer testifying in a judicial proceeding is not acting under color of law and that witnesses are absolutely immune from civil suits for their testimony, even if perjured.
• Thurston v. Dekle
  578 F.2d 1167· 5th Cir.· 1978-08-28 ·cited 17×
  The court held that municipalities can be sued under 42 U.S.C. § 1983 for constitutional violations implementing official policy, and vacated a back pay award for reconsideration in light of Monell.
• Gillard v. Schmidt
  579 F.2d 825· 3d Cir.· 1978-07-03 ·cited 17×
  The court held that a public employee has a reasonable expectation of privacy in their desk, and a warrantless search of that desk by a government official violates the Fourth Amendment, giving rise to a claim under 42 U.S.C. § 1983.
• Mason v. Schaub
  564 F.2d 308· 9th Cir.· 1977-11-08 ·cited 17×
  The court held that the three-year statute of limitations for actions based upon a liability created by statute applies to 42 U.S.C. § 1983 claims brought in Nevada.
• Sheridan v. Williams
  333 F.2d 581· 9th Cir.· 1964-06-18 ·cited 17×
  The court held that a claim under 42 U.S.C. § 1983 against city police officers for unlawful seizure of property is properly brought in federal court, but claims against federal agents and the city itself are not.
• Fort Lauderdale Food Not Bombs v. City of Fort Lauderdale
  11 F.4th 1266· 11th Cir.· 2021-08-31 ·cited 16×
  Fort Lauderdale Food Not Bombs challenged city ordinances and park rules that effectively prohibited food-sharing demonstrations by requiring permits subject to standardless official discretion. The Eleventh Circuit Court of Appeals held that while the city had legitimate interes
• Moore v. Miami-Dade Cnty.
  502 F. Supp. 2d 1224· S.D. Fla.· 2007-07-18 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiff failed to state a claim against the county under 42 U.S.C. § 1983 and that the defendant officers were entitled to qualified immunity due to insufficient factual allegations.
• Dickinson v. Marla E. Gonzalez
  839 So. 2d 709· Fla. 3d DCA· 2003-01-02 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The Third District Court of Appeal reversed a damages judgment against the Florida Department of Highway Safety and Motor Vehicles and Trooper Jacqueline Gipson for false arrest and civil rights violations arising from an allegedly improper DUI arrest. The court held that the Dep
• Gardens Country Club, Inc. v. Palm Beach Cnty.
  712 So. 2d 398· Fla. 4th DCA· 1998-03-11 ·cited 16×
  Gardens Country Club sought damages for inverse condemnation and due process violations after Palm Beach County refused to certify its development application under the 1980 Comprehensive Plan, instead requiring compliance with a proposed 1989 Plan that reduced allowable density.
• Taylor v. Fla. State Fair Auth.
  875 F. Supp. 812· M.D. Fla.· 1995-02-03 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court granted plaintiff's motion for leave to amend her complaint and denied defendant's motion to dismiss.
• Talmadge McDONALD, III v. Haskins
  966 F.2d 292· 7th Cir.· 1992-07-01 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the complaint sufficiently pleaded a violation of a clearly established constitutional right to survive a motion to dismiss based on qualified immunity.
• Manarite v. City OF Springfield
  957 F.2d 953· 1st Cir.· 1992-03-05 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The court held that the municipality and police chief were not liable under § 1983 for the detainee's suicide, as their actions did not rise to the level of deliberate indifference, and a minor child cannot assert a claim for loss of familial association when the state action was
• Winston v. Child. & Youth Servs. OF Del. Cnty.
  948 F.2d 1380· 3d Cir.· 1991-11-07 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiffs' request for declaratory relief regarding visitation policies was not moot, and the Adoption Assistance and Child Welfare Act's "reasonable efforts" clause creates enforceable rights, though a specific minimum visitation period was not establish
• Temkin v. Frederick Cnty. Comm'rs
  945 F.2d 716· 4th Cir.· 1991-09-12 ·cited 16×
  The court held that the deputy sheriff's conduct during a high-speed chase did not "shock the conscience" and thus did not violate substantive due process under 42 U.S.C. § 1983. Consequently, the county commissioners were also not liable for failure to adopt adequate policies.
• Wilson v. Mel Bailey
  934 F.2d 301· 11th Cir.· 1991-06-24 ·cited 16×·via Section 1983
  The court held that the district court did not err in granting summary judgment for the Personnel Board and the County, and that its findings regarding the Sheriff's promotion decisions were not clearly erroneous.
• Kroll v. Bd. OF Trs. OF the Univ. OF Ill.
  934 F.2d 904· 7th Cir.· 1991-06-17 ·cited 16×
  A state's statutory language must unequivocally express an intent to waive Eleventh Amendment immunity in federal court; ambiguous language is insufficient.
• Thelma D. and Dawn D. v. The Bd. OF Educ. OF the City OF ST. Louis
  934 F.2d 929· 8th Cir.· 1991-05-29 ·cited 16×·via 42 U.S.C. § 1983 Liability
  A local governmental entity cannot be held liable under 42 U.S.C. § 1983 for a custom of failing to investigate or train unless there is a widespread pattern of misconduct and the entity had notice, which was not shown here.
• Stephen Rindley, D.D.S. v. Gallagher
  929 F.2d 1552· 11th Cir.· 1991-04-30 ·cited 16×
  The court held that the district court erred in dismissing the lawsuit based on Pullman and Burford abstention doctrines, as there were no unsettled questions of state law that would avoid the federal constitutional issues, nor would federal review disrupt state regulatory effort
• McEWEN v. The City OF Norman
  926 F.2d 1539· 10th Cir.· 1991-03-01 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the plaintiff failed to preserve most issues for appeal due to lack of contemporaneous objections at trial, and that the admitted evidence and jury instructions did not constitute plain error.
• Hammontree v. Nat'l Labor Relations Bd.
  925 F.2d 1486· D.C. Cir.· 1991-02-12 ·cited 16×
  The National Labor Relations Board (NLRB) may properly defer to grievance and arbitration procedures established by a collective bargaining agreement, even when the underlying claim involves statutory rights, provided the proceedings are fair and regular, all parties agree to be
• Casilda Nunez-Soto v. Alvarado
  918 F.2d 1029· 1st Cir.· 1990-11-21 ·cited 16×
  The court held that the law was not clearly established in 1985 regarding whether a politically motivated demotion of a career civil servant violated the Constitution, thus defendants are entitled to qualified immunity from the damages claim.
• de Jesus v. Banco Popular de Puerto RICO
  918 F.2d 232· 1st Cir.· 1990-10-31 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court abused its discretion by denying a prevailing plaintiff's request for attorney's fees under the Truth in Lending Act solely because the jury awarded a "generous" amount.
• Turner v. Upton Cnty.
  915 F.2d 133· 5th Cir.· 1990-09-11 ·cited 16×
  A county can be held liable under 42 U.S.C. § 1983 for the actions of its sheriff if the sheriff is the final policymaker for law enforcement and abuses that authority, even without proof of an official county policy or custom.
• Wesson v. Lt. Roy Oglesby
  910 F.2d 278· 5th Cir.· 1990-09-05 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that a prisoner's claims of excessive force and denial of medical treatment lacked an arguable legal basis, even though the magistrate improperly made credibility determinations.
• Bailey v. Wood
  909 F.2d 1197· 8th Cir.· 1990-07-31 ·cited 16×·via 42 U.S.C. § 1983 Claim For Cruel And Unusual Punishment
  The court held that there was insufficient evidence to show the Warden acted with deliberate indifference or reckless disregard for the inmate's safety, thus reversing the jury's verdict.
• Magda Marin Piazza v. Awilda Aponte Roque
  909 F.2d 35· 1st Cir.· 1990-07-25 ·cited 16×
  The court held that the appellants' failure to perfect a timely and proper appeal within the prescribed time limits mandates dismissal for want of jurisdiction.
• Lewis v. City OF FT. Collins
  903 F.2d 752· 10th Cir.· 1990-05-14 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in denying summary judgment based on qualified immunity, as the appellants made a sufficient showing of objective reasonableness and the plaintiff failed to produce specific evidence of discriminatory motive or to properly justify furt
• Givens v. Jones
  900 F.2d 1229· 8th Cir.· 1990-04-09 ·cited 16×
  The court held that the defendants are entitled to qualified immunity because their actions did not violate clearly established constitutional rights at the time of the incidents.
• Wheeler v. City OF Pleasant Grove
  896 F.2d 1347· 11th Cir.· 1990-03-22 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in its calculation of damages for a temporary regulatory taking, and awarded a specific amount based on the market rate return on the lost development value.
• Miltier v. Beorn
  896 F.2d 848· 4th Cir.· 1990-02-20 ·cited 16×
  The court held that the district court erred in granting summary judgment for the treating physicians and nurses, as a reasonable jury could find deliberate indifference. However, the court affirmed summary judgment for supervisory defendants, finding insufficient evidence of the
• Leach v. Shelby Cnty. Sheriff & Mayor of Shelby Cnty.
  891 F.2d 1241· 6th Cir.· 1989-12-20 ·cited 16×
  A municipality can be held liable under 42 U.S.C. § 1983 for deliberate indifference to a prisoner's serious medical needs, even if medical care is subcontracted, if the failure to supervise or the ratification of unconstitutional acts amounts to an official policy or custom.
• Mylett v. L.M. Jeane
  879 F.2d 1272· 5th Cir.· 1989-08-11 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court affirmed the denial of the motion for a new trial and the dismissal of defendant Adams, but remanded for clarification regarding the award of attorneys' fees.
• Pinhas v. Summit Health, Ltd.
  894 F.2d 1024· 9th Cir.· 1989-07-26 ·cited 16×
  The Ninth Circuit reversed the district court's dismissal of the antitrust claim, finding that the state action doctrine did not shield the hospital's peer-review proceedings from antitrust scrutiny after the Supreme Court's decision in Patrick v. Burget. The court affirmed the d
• Anant Kumar Tripati v. Beaman
  878 F.2d 351· 10th Cir.· 1989-07-07 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court held that while district courts have broad discretion to impose restrictions on vexatious litigants, such restrictions must be accompanied by clear guidelines for obtaining permission to file and the litigant must be given notice and an opportunity to be heard.
• Meriwether v. Coughlin
  879 F.2d 1037· 2d Cir.· 1989-06-30 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The court held that a new trial should be granted on the First Amendment claim, and that the denial of judgment n.o.v. on the Eighth Amendment claim should be reversed.
• Davis OIL Co. v. Mills
  873 F.2d 774· 5th Cir.· 1989-05-15 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a foreclosing mortgagee acting under Louisiana's foreclosure procedures, which allow for the extinguishment of subordinate interests without actual notice to the holder of that interest, can be considered a state actor for Due Process Clause purposes, and that
• Johnson v. Kegans
  870 F.2d 992· 5th Cir.· 1989-04-24 ·cited 16×
  Judges and prosecutors are absolutely immune from liability for damages for acts intimately connected with the judicial and parole-granting processes, and the plaintiff failed to state a claim for injunctive relief.
• Dwyer v. Loyd W. Smith
  867 F.2d 184· 4th Cir.· 1989-02-03 ·cited 16×
  The court affirmed the district court's judgment, holding that the plaintiff failed to establish claims for sexual harassment, disparate impact, disparate treatment, retaliatory discharge, First Amendment violations, and pendent state claims.
• Aurora Figueroa v. Hon. Awilda Aponte-Roque
  864 F.2d 947· 1st Cir.· 1989-01-04 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The court held that the Secretary of Education was not liable for the janitor's termination because the plaintiff failed to demonstrate a causal link between the Secretary's actions and the alleged harm. The court affirmed the jury's verdict for the clerical employees.
• McDOWELL v. R.R. Rogers
  863 F.2d 1302· 6th Cir.· 1988-12-27 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  A jury could find that the use of a nightstick on a handcuffed, non-resisting arrestee constituted an unreasonable seizure under the Fourth Amendment, even without proof of serious injury.
• Williams v. Butler
  863 F.2d 1398· 8th Cir.· 1988-12-21 ·cited 16×
  The acts of a municipal judge in discharging a court clerk are attributable to the City for purposes of 42 U.S.C. § 1983 liability, as the judge possesses final policymaking authority in employment matters concerning court clerks under state law.
• Video Int'l Prod., Inc. v. Warner-Amex Cable Commc'ns, Inc.
  858 F.2d 1075· 5th Cir.· 1988-10-31 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The City of Dallas cannot be held liable under the Sherman Act or section 1983 for issuing notices of zoning violations because these notices lacked legal finality and did not constitute a final determination causing concrete injury.
• Hammond v. Cnty. OF Madera
  859 F.2d 797· 9th Cir.· 1988-10-19 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The court held that the County's ratification of its subordinates' actions in acquiring improper deeds and incorporating roads without valid rights-of-way constituted reckless disregard for plaintiffs' constitutional rights, making the County liable under § 1983. The court also h
• Consol. Television Cable Serv., Inc. v. The City OF Frankfort
  857 F.2d 354· 6th Cir.· 1988-09-21 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that res judicata barred Consolidated's action and that Community was an agent of the City for state action immunity purposes.
• Jena Balistreri v. Pacifica Police Dep't
  855 F.2d 1421· 9th Cir.· 1988-08-23 ·cited 16×
  The dissenting judge concludes that the plaintiff failed to allege facts sufficient to establish a "special relationship" between the police and herself, and therefore the police had no constitutional duty to protect her.
• Franco v. Kelly
  854 F.2d 584· 2d Cir.· 1988-07-25 ·cited 16×
  An allegation that prison officials intentionally filed false disciplinary charges in retaliation for an inmate's exercise of a constitutional right states a cause of action under 42 U.S.C. § 1983 that can withstand a motion for summary judgment, even if minimum procedural due pr
• Carter v. City OF Chattanooga
  850 F.2d 1119· 6th Cir.· 1988-06-27 ·cited 16×
  The Sixth Circuit Court of Appeals held that the Supreme Court's decision in Tennessee v. Garner, which established new constitutional standards for the use of deadly force against fleeing felons, should not be applied retroactively to the City of Chattanooga. The court found tha
• Ngiraingas v. Sanchez
  858 F.2d 1368· 9th Cir.· 1988-06-07 ·cited 16×
  Guam is not a 'person' under 42 U.S.C. § 1983, thus claims against it and its officials in their official capacities are dismissed. Claims against individual officers are not time-barred and may proceed, subject to qualified immunity.