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

• Wehunt v. Ledbetter
  875 F.2d 1558· 11th Cir.· 1989-06-27 ·cited 15×
  The court held that Title IV-D of the Social Security Act does not create an enforceable right for AFDC recipients to sue the state under 42 U.S.C. § 1983, and that the plaintiff lacked Article III standing to sue the Secretary for failure to enforce the Act.
• Zombro v. Baltimore City Police Dep't
  868 F.2d 1364· 4th Cir.· 1989-03-03 ·cited 15×
  The court held that the Age Discrimination in Employment Act (ADEA) provides the exclusive remedy for age discrimination claims, precluding a separate action under 42 U.S.C. § 1983, even when the claim is framed as a Fourteenth Amendment violation.
• Jules Gassner v. City OF Garland
  864 F.2d 394· 5th Cir.· 1989-02-02 ·cited 15×·via 42 U.S.C. § 1983 (Excessive Force)
  An officer is entitled to qualified immunity for an arrest if a reasonable officer could have believed there was probable cause for the charged offense or a related offense, and the force used was reasonable given the arrestee's resistance.
• Corselli v. Coughlin
  842 F.2d 23· 2d Cir.· 1988-03-15 ·cited 15×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the district court erred in granting summary judgment because genuine issues of material fact existed regarding the plaintiff's claims of excessive force and cruel and unusual punishment due to cold exposure.
• Allen v. La. State Bd. OF Dentistry
  835 F.2d 100· 5th Cir.· 1988-01-05 ·cited 15×
  The court held that federal courts should abstain from hearing claims seeking to enjoin pending state administrative proceedings, but not claims for monetary damages or challenges to unrelated state statutes.
• Hershey v. City OF Clearwater
  834 F.2d 937· 11th Cir.· 1987-12-21 ·cited 15×·via 42 U.S.C. § 1983 Action
  The court held that the ordinance prohibiting lodging in vehicles in public areas, after severing the 'or sleep' provision, was constitutional and that probable cause existed for the arrest.
• Newcomb v. Ingle
  827 F.2d 675· 10th Cir.· 1987-08-27 ·cited 15×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff's claims under 42 U.S.C. § 1983 and 18 U.S.C. § 2520 were barred by the statute of limitations, and affirmed the district court's dismissal.
• Whatley v. Philo
  817 F.2d 19· 5th Cir.· 1987-05-18 ·cited 15×
  The court held that the plaintiff failed to allege sufficient facts to show that the defendants' conduct violated clearly established constitutional law, thus affirming the dismissal based on qualified immunity.
• Jackson Warren v. City OF Lincoln
  816 F.2d 1254· 8th Cir.· 1987-04-17 ·cited 15×·via 42 U.S.C. § 1983 Action
  The court held that the trial court erred in its jury instructions regarding pretextual arrest and unlawful detention, and in dismissing the claim against the City. The issue of qualified immunity is a question of law for the trial court.
• Elena Ezpeleta, M.D. v. Sisters OF Mercy Health Corp.
  800 F.2d 119· 7th Cir.· 1986-08-27 ·cited 15×·via Violation Of 42 U.S.C. § 1983
  The court held that the termination of a physician's staff privileges at a private hospital was not subject to federal antitrust laws due to the state action doctrine, did not constitute state action for purposes of a Section 1983 claim, and was not arbitrary or capricious under
• Berman v. Fla. Bd. OF BAR Exam'rs
  794 F.2d 1529· 11th Cir.· 1986-07-25 ·cited 15×
  The District Court correctly determined it lacked subject matter jurisdiction over a § 1983 suit challenging a state court's denial of a bar admission application.
• Jurldine A. Donaldson v. Clark
  786 F.2d 1570· 11th Cir.· 1986-04-22 ·cited 15×
  The court held that the district court erred in granting summary judgment without proper notice under Rule 56 and in imposing Rule 11 sanctions without adequate procedural safeguards. The judgment was reversed and remanded.
• Owens v. City OF Atlanta
  780 F.2d 1564· 11th Cir.· 1986-01-30 ·cited 15×
  Individual city employees cannot be held liable under 42 U.S.C.A. § 1983 for merely negligent conduct, and the City of Atlanta cannot be held liable for maintaining a policy regarding use of a “stretch” restraining procedure without evidence of fault.
• Mauriello v. The Univ. OF Med. & Dentistry OF NEW Jersey
  781 F.2d 46· 3d Cir.· 1986-01-14 ·cited 15×
  The court held that the plaintiff's dismissal from the graduate program was an academic decision, and the informal evaluations and opportunities to present her case satisfied due process requirements, thus the jury's damage award and reinstatement order were erroneous.
• Johnson v. Verne ORR
  780 F.2d 386· 3d Cir.· 1986-01-13 ·cited 15×
  A state official acting as a designated federal agent under the National Guard Technicians Act does not act under color of state law when discharging federal employees. Furthermore, Congress intended the remedies provided by the Act to be exclusive, precluding section 1983 action
• Haddock v. Bd. OF Dental Exam'rs OF Cal.
  777 F.2d 462· 9th Cir.· 1985-11-26 ·cited 15×·via Violation Of 42 U.S.C. § 1983
  Title VII does not apply to state licensing boards' activities, but claims under 42 U.S.C. § 1983 and the Fourteenth Amendment may proceed.
• Beaudett v. City OF Hampton
  775 F.2d 1274· 4th Cir.· 1985-11-04 ·cited 15×
  The court held that a pro se litigant's vague references to potential claims do not obligate the district court to address issues not fairly presented, and affirmed the dismissal of the action.
• Massop v. Coughlin
  770 F.2d 299· 2d Cir.· 1985-08-08 ·cited 15×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court erred in sua sponte dismissing a pro se prisoner's complaint before service of process.
• Welch v. McKENZIE
  765 F.2d 1311· 5th Cir.· 1985-07-22 ·cited 15×
  The court held that election irregularities, even if violating state law, do not constitute a Section 2 Voting Rights Act violation or a constitutional due process claim without evidence of racial discriminatory intent or effect on minority voters' opportunity to participate or e
• Planned Parenthood Association/Chicago Area v. Chicago Transit Auth.
  767 F.2d 1225· 7th Cir.· 1985-07-12 ·cited 15×
  The court held that the Chicago Transit Authority's advertising system had become a public forum by designation, and its rejection of Planned Parenthood's advertisement was an impermissible content-based restriction.
• Ward v. Haydee Kort
  762 F.2d 856· 10th Cir.· 1985-05-20 ·cited 15×
  The State of Colorado satisfies the requirements for providing meaningful access to the courts for mental patients committed after being found not guilty by reason of insanity, by providing contract attorneys to counsel them on their 42 U.S.C. § 1983 claims.
• Eames v. The City OF Logan
  762 F.2d 83· 10th Cir.· 1985-05-13 ·cited 15×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff's allegations of stigmatization and damage to his reputation were sufficient to state a claim for a liberty interest violation under § 1983, even though he failed to request a name-clearing hearing.
• Hadley v. Werner
  753 F.2d 514· 6th Cir.· 1985-01-28 ·cited 15×·via 42 U.S.C. § 1983 Action
  The court held that a claim challenging the validity of a conviction, even if framed as a damages action under 42 U.S.C. § 1983, must first be pursued through a habeas corpus petition to establish the illegality of confinement.
• Singer v. Wadman
  745 F.2d 606· 10th Cir.· 1984-09-27 ·cited 15×
  The court held that the trial judge did not err in refusing to disqualify himself and that summary judgment for the defendants was proper.
• Holloway v. Dobbs
  715 F.2d 390· 8th Cir.· 1983-08-12 ·cited 15×
  The court held that the plaintiff's allegations did not state a claim for denial of access to the courts or for cruel and unusual punishment, and that the district court did not abuse its discretion in denying leave to amend the complaint.
• Galvan v. Giles Garmon
  710 F.2d 214· 5th Cir.· 1983-07-25 ·cited 15×
  A state probation officer is entitled to qualified immunity, not absolute immunity, for mistakenly causing the arrest and incarceration of a person on probation.
• S. Coop. Dev. Fund v. Driggers
  696 F.2d 1347· 11th Cir.· 1983-02-04 ·cited 15×·via Violation Of 42 U.S.C. § 1983
  The court held that the county commission could not deny a preliminary subdivision plat application based on reasons not contained within the applicable subdivision regulations, and that statutory provisions cited did not grant independent discretion to deny the plat.
• Brown v. The City OF Palmetto
  681 F.2d 1325· 11th Cir.· 1982-08-02 ·cited 15×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a motion for attorney's fees under 42 U.S.C. § 1988 was timely filed, but the denial of fees for the appeal was an abuse of discretion.
• Houston M. Evans v. The Harnett Cnty. Bd. OF Educ.
  684 F.2d 304· 4th Cir.· 1982-07-27 ·cited 15×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the district court erred in failing to grant injunctive relief against an unlawful employment practice and in its allocation of the burden of proof regarding the plaintiff's individual claim.
• Hernandez v. Schwegmann Bros. Giant Supermarkets, Inc.
  673 F.2d 771· 5th Cir.· 1982-04-22 ·cited 15×
  The court held that the plaintiff failed to present evidence that the defendant's conduct constituted state action, affirming the directed verdict.
• Collins v. Chandler Unified Sch. Dist.
  644 F.2d 759· 9th Cir.· 1981-05-04 ·cited 15×·via 42 U.S.C. § 1983 Action
  The court held that allowing student-led prayer at school assemblies violates the Establishment Clause, but a parent who successfully sues on behalf of their child is a prevailing party eligible for attorneys' fees under 42 U.S.C. § 1988.
• Heritage Homes OF Attleboro, Inc. v. The Seekonk Water Dist.
  648 F.2d 761· 1st Cir.· 1981-03-31 ·cited 15×
  The court held that the district court erred in denying all compensatory damages based on a 'passing on' theory, and that punitive damages were appropriate given the egregious nature of the discrimination.
• Gowin v. Altmiller
  663 F.2d 820· 9th Cir.· 1981-03-23 ·cited 15×·via Violation Of 42 U.S.C. § 1983
  The court held that the § 1983 claims were barred by the statute of limitations, the malicious prosecution claim failed due to probable cause and prosecutorial independence, and the abuse of process claim failed for lack of evidence of improper purpose or act.
• Ehlers v. City OF Decatur
  614 F.2d 54· 5th Cir.· 1980-03-19 ·cited 15×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  Georgia's ante-litem notice statute, requiring exhaustion of administrative remedies, cannot constitutionally be applied to a § 1983 action for damages for deprivation of a constitutional right.
• Miller v. Williams
  590 F.2d 317· 9th Cir.· 1979-01-29 ·cited 15×·via Violation Of 42 U.S.C. § 1983
  The court held that the employee's claims of retaliation under Title VII and due process violations were without merit, affirming the summary judgment granted to the employer.
• Brooks v. Flagg Bros., Inc.
  553 F.2d 764· 2d Cir.· 1977-04-07 ·cited 15×
  The adoption of New York Uniform Commercial Code sections 7-209 and 7-210, which grant warehousemen a lien and power of sale, does not constitute state action for purposes of the Fourteenth Amendment.
• Shaw v. Dolph Briscoe
  541 F.2d 489· 5th Cir.· 1976-10-29 ·cited 15×·via 42 U.S.C. § 1983 Action
  The court held that the inmates' claims regarding Texas parole procedures, including due process rights and the Governor's role, do not present a federal constitutional issue and were previously rejected.
• Reverend William H. Simpson and Mrs. Crispina Simpson v. Wells Lamont Corp.
  494 F.2d 490· 5th Cir.· 1974-05-24 ·cited 15×·via Violation Of 42 U.S.C. § 1983
  Civil courts lack subject matter jurisdiction over purely ecclesiastical disputes, including a pastor's dismissal and eviction from a church-owned parsonage, due to the First Amendment's protection of religious freedom.
• Lontine v. VanCLEAVE
  483 F.2d 966· 10th Cir.· 1973-08-27 ·cited 15×
  Sheriff's deputies have a First Amendment right to join a labor union and cannot be discharged for membership absent a compelling state interest. The district court correctly granted summary judgment on injunctive relief but must reconsider the damages award.
• Azar v. Conley
  480 F.2d 220· 6th Cir.· 1973-06-11 ·cited 15×
  The court held that an order dismissing a complaint without prejudice to amend is not a final appealable order under 28 U.S.C. § 1291.
• Jones v. Alfred H. Mayer Co.
  379 F.2d 33· 8th Cir.· 1967-06-26 ·cited 15×·via Violation Of 42 U.S.C. § 1983
  The court held that the Civil Rights Act of 1866, codified as 42 U.S.C. § 1982, prohibits racial discrimination in the sale or lease of property, regardless of whether state action is involved.
• The Florida BAR v. Kelsay Dayon Patterson
  257 So. 3d 56· Fla.· 2018-10-19 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Claim
  The Florida Supreme Court reviewed a disciplinary case against attorney Kelsay Dayon Patterson, who represented a client in litigation against the City of Homestead. The Court found Patterson guilty of violating multiple Bar Rules, including conflict of interest, impugning judici
• Johnson v. State of Fla's. Dep't OF Health & Rehabilitative Servs.
  695 So. 2d 927· Fla. 2d DCA· 1997-06-27 ·cited 14×
  Julie Johnson appealed the dismissal of her complaint arising from the forcible seizure of her children by HRS and a St. Petersburg police officer at a church in 1989. The court partially affirmed and partially reversed the dismissal, allowing several claims to proceed including
• Dep't OF Educ. v. ROE
  656 So. 2d 507· Fla. 1st DCA· 1995-05-12 ·cited 14×·via 42 U.S.C. § 1983 Action
  The Florida District Court of Appeal reconsidered its prior opinion reversing a trial court's denial of the Department of Education's motion to dismiss. Upon rehearing, the court withdrew its previous opinion and denied certiorari review, holding that denial of a motion to dismis
• Higgs v. Fla. Dep't OF Corr.
  647 So. 2d 962· Fla. 1st DCA· 1994-12-07 ·cited 14×
  An inmate filed a § 1983 action alleging a prison physician was deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. The trial court dismissed the complaint, reasoning it was based merely on the failure to order x-rays. The appellate court r
• Pottinger v. City of Miami
  810 F. Supp. 1551· S.D. Fla.· 1992-11-16 ·cited 14×·via Violation Of 42 U.S.C. § 1983
  The court held that the City of Miami's custom and practice of arresting homeless individuals for essential life-sustaining activities in public places violated their constitutional rights, warranting injunctive relief.
• Rhyne v. Henderson Cnty.
  973 F.2d 386· 5th Cir.· 1992-09-14 ·cited 14×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The plaintiff failed to prove that the defendant-municipality acted with deliberate indifference towards the mental health needs of pretrial detainees, despite a detainee's suicide.
• Williams v. Anderson
  959 F.2d 1411· 7th Cir.· 1992-04-09 ·cited 14×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the defendants are shielded from the plaintiff's damages claim by qualified immunity because it was not clearly established in 1985 that their actions violated constitutional rights. The court vacated and remanded the injunctive relief claim for further consid
• Leatherman v. Tarrant Cnty. Narcotics Intelligence & Coordination Unit
  954 F.2d 1054· 5th Cir.· 1992-02-28 ·cited 14×
  The court affirmed the dismissal of the section 1983 claims against the municipalities because the plaintiffs failed to satisfy the circuit's heightened pleading requirement for allegations of inadequate training.
• Miller v. Glanz
  948 F.2d 1562· 10th Cir.· 1991-11-18 ·cited 14×
  The court held that a district court's consideration of matters outside the pleadings on a Rule 12(b)(6) motion is reversible error unless harmless, and that witnesses have absolute immunity from civil liability for conspiracy to present perjured testimony.