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

• Briley v. State OF Cal.
  564 F.2d 849· 9th Cir.· 1977-10-19 ·cited 84×·via Violation Of 42 U.S.C. § 1983
  The court held that the statute of limitations for the § 1983 claim was tolled until the plaintiff discovered the alleged fraud, and that prosecutorial immunity did not apply if the judge lacked statutory authority for the castration order. The § 1985(3) claim was properly dismis
• Powell v. Workmen's Comp. Bd. OF the State OF NEW York
  327 F.2d 131· 2d Cir.· 1964-01-23 ·cited 84×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to state a claim under the Civil Rights Statutes for conspiracy and that his constitutional challenge to a state statute presented an insubstantial federal question, warranting dismissal.
• Hoever v. Marks
  993 F.3d 1353· 11th Cir.· 2021-04-09 ·cited 83×
  Conraad Hoever, an incarcerated prisoner, sued correctional officers for First Amendment retaliation after they threatened him for filing grievances, and a jury found in his favor but awarded only nominal damages because the Eleventh Circuit's prior precedent barred punitive dama
• Hardy W. Ryland and Alma Odessa Ryland v. Shapiro
  708 F.2d 967· 5th Cir.· 1983-07-05 ·cited 83×·via 42 U.S.C. § 1983 Action
  The court held that plaintiffs stated a claim under section 1983 for deprivation of their constitutional right of access to the courts and that prosecutors were not entitled to absolute immunity for actions outside their quasi-judicial role.
• Benny B. Barrett v. Thomas
  649 F.2d 1193· 5th Cir.· 1981-07-10 ·cited 83×
  The court's opinion, which this judge concurs with, holds that a local government entity is liable under § 1983 when its official policy or custom inflicts injury, not solely for the acts of its employees or agents.
• Joannie Allen Dumas v. Town OF Mount Vernon
  612 F.2d 974· 5th Cir.· 1980-03-03 ·cited 83×·via Violation Of 42 U.S.C. § 1983
  The court held that claims under 42 U.S.C. §§ 1981, 1983, 1985(3), and 1986 were time-barred, and the Town of Mount Vernon was not an 'employer' under Title VII. However, the Title VII claim against the Personnel Board was improperly dismissed.
• McCLELLAND v. Facteau
  610 F.2d 693· 10th Cir.· 1979-11-19 ·cited 83×
  Summary judgment for police chiefs on failure to train/supervise claims was inappropriate because a genuine issue of material fact existed regarding whether they had sufficient notice of prior misconduct and failed to act.
• Spears v. O.L. McCOTTER
  766 F.2d 179· 5th Cir.· 1985-07-03 ·cited 82×
  A magistrate may conduct an evidentiary hearing to determine the factual basis of a prisoner's claims, even if the prisoner demands a jury trial, to ascertain if the claims are frivolous or lack legal merit.
• Arline M. Soderbeck v. Burnett Cnty.
  752 F.2d 285· 7th Cir.· 1985-01-04 ·cited 82×·via 42 U.S.C. § 1983 Liability
  The court held that a jury could find a public employee was wrongfully terminated for political reasons, but punitive damages require a showing of actual knowledge of violating rights, not just reckless indifference. The court also found the county could be liable for its own pol
• Burtnieks v. The City OF NEW York
  716 F.2d 982· 2d Cir.· 1983-08-26 ·cited 82×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  The court held that the district court erred in granting summary judgment because the existence of an emergency and the impracticality of a pre-deprivation hearing were material facts that were contested and required further factual development.
• NEW York State Ass'n FOR Retarded Child., Inc. v. Carey
  711 F.2d 1136· 2d Cir.· 1983-06-15 ·cited 82×·via 42 U.S.C. § 1983 Litigation
  The concurring judge agrees with the majority opinion but expresses reservations about the hourly rate and bonus factor awarded to counsel.
• Espanola WAY Corp. v. Murray Meyerson
  690 F.2d 827· 11th Cir.· 1982-11-01 ·cited 82×
  The court held that the district court erred in granting summary judgment, as the complaint stated a § 1983 claim and the commissioners' actions may not have been legislative, and qualified immunity issues required further factual development.
• Rogin v. Bensalem Twp. & Stephen J. Kelly
  616 F.2d 680· 3d Cir.· 1980-02-21 ·cited 82×·via Violation Of 42 U.S.C. § 1983
  The court held that the developer's cross-claim failed to state a cause of action under federal law, affirming the district court's dismissal, but found the case was not moot.
• Bryan v. Jones
  530 F.2d 1210· 5th Cir.· 1976-04-30 ·cited 82×
• Morris v. Travisono
  528 F.2d 856· 1st Cir.· 1976-01-22 ·cited 82×·via 42 U.S.C. § 1983 Liability
  The court affirmed the district court's judgment, holding that the defendants' failure to properly object to jury instructions under Fed.R.Civ.P. 51 precluded appellate review of the substantive legal issues.
• Mr. and Mrs. Ardmore Canton v. Spokane Sch. Dist. #81
  498 F.2d 840· 9th Cir.· 1974-05-13 ·cited 82×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in dismissing the action based on abstention and failure to exhaust state remedies, as the federal claims were not adequately addressed by state law or administrative processes.
• Goodman v. Lukens Steel Co.
  777 F.2d 113· 3d Cir.· 1985-11-13 ·cited 81×
  The court held that the statute of limitations for a cause of action under 42 U.S.C. § 1981 in Pennsylvania should be six years, not two years as applied to § 1983 claims.
• Augustine v. DOE
  740 F.2d 322· 5th Cir.· 1984-08-16 ·cited 81×
  The availability of state tort remedies does not preclude a Section 1983 claim for violations of substantive constitutional rights, nor for procedural due process violations where predeprivation procedures were feasible.
• Wade v. Haynes
  663 F.2d 778· 8th Cir.· 1981-11-09 ·cited 81×
  The court held that punitive damages in a § 1983 action require a finding of actual malice, not merely reckless or callous disregard for a prisoner's rights.
• Kostka v. Hogg
  560 F.2d 37· 1st Cir.· 1977-08-04 ·cited 81×
  Federal courts should not infer a right of action for damages against political subdivisions for constitutional violations by their employees, as this is inconsistent with the interpretation of 42 U.S.C. § 1983 and not constitutionally compelled.
• L.S.T., Inc. v. Crow
  49 F.3d 679· 11th Cir.· 1995-04-06 ·cited 80×·via 42 U.S.C. § 1983 Liability
  Polk County sheriff's deputies arrested several individuals at a nightclub following disturbances on April 15 and May 6, 1990. The arrested individuals and the nightclub owner sued under 42 U.S.C. § 1983 for false arrest and other federal and state law violations. The Eleventh Ci
• Gramenos v. Jewel Cos., Inc.
  797 F.2d 432· 7th Cir.· 1986-07-25 ·cited 80×
  The court held that a violation of state law does not automatically create a federal claim under 42 U.S.C. § 1983, and that an arrest based on an eyewitness store guard's credible report generally constitutes probable cause, precluding a jury trial on the reasonableness of the ar
• Beoties Emory v. Peeler
  756 F.2d 1547· 11th Cir.· 1985-04-08 ·cited 80×
  Judicial immunity bars a juror's § 1983 claim for damages based on a judge's in-court conduct, and reputational harm alone does not constitute a deprivation of a constitutionally protected liberty interest. The state law defamation claim is remanded for reconsideration of pendent
• Martin v. White
  742 F.2d 469· 8th Cir.· 1984-08-29 ·cited 80×·via 42 U.S.C. § 1983 Liability
  The court held that the magistrate erred in granting a directed verdict for the prison superintendent, as the plaintiffs presented sufficient evidence of reckless disregard for their Eighth Amendment rights to proceed to a jury.
• Dawson v. Pastrick
  600 F.2d 70· 7th Cir.· 1979-05-31 ·cited 80×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court did not abuse its discretion in approving the consent decree and refusing hiring quotas, but it misapplied the test for awarding attorneys' fees. The judgment is reversed and remanded for a determination of the proper amount of fees.
• Rainey v. Jackson State Coll.
  551 F.2d 672· 5th Cir.· 1977-05-02 ·cited 80×
  The court held that the Civil Rights Attorney's Fees Awards Act of 1976 applies to pending cases, including those where only attorneys' fees remain unresolved, and that the Eleventh Amendment does not bar fee awards against a state in such cases.
• Westlake v. Lucas
  537 F.2d 857· 6th Cir.· 1976-06-29 ·cited 80×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  A prisoner states a proper cause of action when alleging denial of reasonable medical treatment requests in the face of obvious need, exposing the inmate to undue suffering or threat of residual injury.
• Curtis v. Angus Russell Everette
  489 F.2d 516· 3d Cir.· 1973-12-17 ·cited 80×·via Violation Of 42 U.S.C. § 1983
  The court held that a prisoner's complaint alleging intentional conduct by prison officials leading to an assault states a claim under 42 U.S.C. § 1983, and that a state law claim against another prisoner can be heard under the doctrine of pendent jurisdiction.
• Herrington v. Cnty. OF Sonoma
  834 F.2d 1488· 9th Cir.· 1987-12-24 ·cited 79×
  The court should have dismissed the claims as not ripe for review because damages were not calculable.
• Alvera M. Aldabe v. Aldabe
  616 F.2d 1089· 9th Cir.· 1980-02-28 ·cited 79×
  The court held that a pro se litigant's complaint alleging conspiracy to deprive constitutional rights failed to state a claim upon which relief could be granted, and that judicial immunity barred claims against judges.
• Hampton v. Holmesburg Prison Officials. Appeal of Richard Burk
  546 F.2d 1077· 3d Cir.· 1976-12-28 ·cited 79×·via 42 U.S.C. § 1983 Claim For Denial Of Medical Care
  A prisoner's claim of denial of medical care rises to a constitutional violation under 42 U.S.C. § 1983 only if it demonstrates deliberate indifference to serious medical needs, not mere negligence or malpractice. The plaintiff failed to prove such deliberate indifference.
• Donaldson v. O'Connor
  493 F.2d 507· 5th Cir.· 1974-04-26 ·cited 79×
  The Fourteenth Amendment guarantees involuntarily civilly committed mental patients a constitutional right to treatment, and the evidence was sufficient to support the jury's verdict.
• Von D. Mizell v. N. Broward Hosp. Dist.
  427 F.2d 468· 5th Cir.· 1970-03-25 ·cited 79×·via Violation Of 42 U.S.C. § 1983
  The court denied the petition for rehearing and rehearing en banc.
• Johnson v. Morel
  876 F.2d 477· 5th Cir.· 1989-07-05 ·cited 78×
  The district court erred in granting summary judgment; Johnson is entitled to trial on his equal protection and excessive force claims, and his state law claims must be reinstated.
• Anderson v. Thompson
  658 F.2d 1205· 7th Cir.· 1981-09-08 ·cited 78×
  The court held that the Education for All Handicapped Children Act (EAHCA) does not authorize compensatory damages absent exceptional circumstances, nor does it provide for attorney's fees.
• Bonnes v. Long
  599 F.2d 1316· 4th Cir.· 1979-06-18 ·cited 78×
  The court held that the district court must make specific factual findings to determine if the plaintiffs were prevailing parties entitled to attorney's fees under 42 U.S.C. § 1988, and whether any special circumstances warranted denying the award.
• Lopez v. Aransas Cnty. Indep. Sch. Dist.
  570 F.2d 541· 5th Cir.· 1978-03-31 ·cited 78×·via Violation Of 42 U.S.C. § 1983
  The court held that the trial court did not abuse its discretion in dismissing the case with prejudice for failure to prosecute, but vacated the award of attorney's fees for reconsideration.
• Brandenburger v. Myron B. Thompson
  494 F.2d 885· 9th Cir.· 1974-03-25 ·cited 78×
  The court held that a litigant represented by a public interest group without charge can still be awarded attorneys' fees under the private attorney general doctrine.
• Smith v. Ferron C. Losee
  485 F.2d 334· 10th Cir.· 1973-08-22 ·cited 78×
  The dissenting judge argues that board members are liable for failing to investigate facts, even if they acted in good faith, and that damages awarded were excessive.
• Coniston Corp. v. Vill. OF Hoffman Ests.
  844 F.2d 461· 7th Cir.· 1988-04-20 ·cited 77×·via Violation Of 42 U.S.C. § 1983
  The court held that a village board's rejection of a site plan, even without stated reasons, does not violate substantive or procedural due process if the decision is not irrational or invidious, and the action is legislative rather than adjudicative.
• Louella T. Bradberry v. Pinellas Cnty.
  789 F.2d 1513· 11th Cir.· 1986-05-23 ·cited 77×
  A local governmental body does not deprive a person of their right to life under 42 U.S.C. § 1983 when it grossly negligently trains an agent who then fails in an attempt to rescue that person from an existing peril not created by the agency.
• McDOUGALD v. Jenson
  786 F.2d 1465· 11th Cir.· 1986-04-21 ·cited 77×
• Hays v. Jefferson Cnty.
  668 F.2d 869· 6th Cir.· 1982-01-04 ·cited 77×
  The dissenting judges argue that the panel decision incorrectly applies standards for municipal liability under 42 U.S.C. § 1983 and the Fourteenth Amendment, particularly regarding 'failure to train' and the 'policy or custom' requirement.
• Slotnick v. Staviskey
  560 F.2d 31· 1st Cir.· 1977-07-28 ·cited 77×
  The court held that a plaintiff's § 1983 conspiracy claim against private parties acting with immune state officials fails if the complaint lacks specific factual allegations of conspiracy and if the alleged procedural defects do not rise to the level of constitutional violations
• Marx v. Gumbinner
  905 F.2d 1503· 11th Cir.· 1990-07-13 ·cited 76×·via 42 U.S.C. § 1983 Action
  The court held that probable cause existed to arrest the plaintiff, barring his section 1983 claim for wrongful arrest.
• Sinaloa Lake Owners Ass'n v. City OF Simi Valley
  882 F.2d 1398· 9th Cir.· 1989-01-06 ·cited 76×
  The court held that the plaintiffs' Fifth Amendment taking claim was not ripe because they failed to seek compensation through available state procedures, but their Fourteenth Amendment due process claim was ripe and stated a claim upon which relief could be granted.
• Vicory v. Walton
  721 F.2d 1062· 6th Cir.· 1983-11-30 ·cited 76×
  The court should reverse and enter judgment for defendants based on prosecutorial immunity and the inapplicability of Parratt v. Taylor.
• Busche v. Burkee
  649 F.2d 509· 7th Cir.· 1981-05-21 ·cited 76×·via 42 U.S.C. § 1983 Action
  The court affirmed the district court's judgment regarding compensatory and punitive damages but remanded the award of attorney's fees for reconsideration.
• NEW Jersey Educ. Ass'n v. Burke
  579 F.2d 764· 3d Cir.· 1978-05-03 ·cited 76×
  The court held that the district court erred in abstaining under Younger v. Harris, and that the state court judgment's res judicata effect on federal claims depends on whether those claims were actually litigated in state court.
• Adams v. S. Cal. First Nat'l Bank
  492 F.2d 324· 9th Cir.· 1973-10-04 ·cited 76×
  The dissenting judge would hold that creditors acted under color of state law and deprived debtors of due process by repossessing vehicles without a prior judicial hearing.