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

• Walden, III, Inc. v. State OF R.I.
  576 F.2d 945· 1st Cir.· 1978-06-05 ·cited 14×
  The court held that the three-year Rhode Island statute of limitations for personal injury actions is the most analogous to claims brought under 42 U.S.C. § 1983, and thus barred the plaintiffs' suit.
• Sacks Bros. Loan Co., Inc. v. Cunningham
  578 F.2d 172· 7th Cir.· 1978-05-24 ·cited 14×·via 42 U.S.C. § 1983 Claim For Damages
  The Tax Injunction Act bars federal court intervention in state tax matters if a plain, speedy, and efficient state remedy exists, and the five-year statute of limitations applies to actions against public officers for acts in their official capacity.
• Wagle v. Murray
  560 F.2d 401· 9th Cir.· 1977-09-02 ·cited 14×·via Violation Of 42 U.S.C. § 1983
  The court held that the jury instructions imposed a greater burden on the plaintiff than required by Mt. Healthy, and the evidence was sufficient for the jury to reach its verdict.
• Santiago v. Corporacion de Renovacion Urbana Y Vivienda de Puerto RICO
  554 F.2d 1210· 1st Cir.· 1977-05-18 ·cited 14×
  The court held that it need not decide whether CRUV is a 'person' under 42 U.S.C. § 1983 because an injunction against its officers effectively binds CRUV.
• Patterson v. Ramsey
  552 F.2d 117· 4th Cir.· 1977-03-31 ·cited 14×
  A discharged superintendent without tenure has no property interest in his job, and thus no federal constitutional claim regarding termination or stigmatization without a full hearing.
• Basil D. Ktsanes v. Honorable Robert C. Underwood
  552 F.2d 740· 7th Cir.· 1977-03-23 ·cited 14×
  The court held that the denial of a petition for waiver of a state bar rule was not a judicial proceeding appealable to the U.S. Supreme Court, and that a substantial federal question existed requiring a three-judge court.
• Graves v. Ennis J. Olgiati
  550 F.2d 1327· 2d Cir.· 1977-03-07 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that while the dismissal was improper on res judicata grounds, the prisoner's constitutional claims were patently without merit and thus properly dismissed as frivolous.
• Rheuark v. Shaw
  547 F.2d 1257· 5th Cir.· 1977-03-03 ·cited 14×·via 42 U.S.C. § 1983 Action
  A prisoner's suit against a state court clerk and stenographer for failure to forward a transcript is a civil rights action, not a habeas corpus petition.
• Brown v. Commander Knox
  547 F.2d 900· 5th Cir.· 1977-02-25 ·cited 14×
  The district court erred in dismissing the § 1983 complaint and pendent state claims, as pendent jurisdiction required the court to hear the case.
• Wagle v. Murray
  546 F.2d 1329· 9th Cir.· 1976-11-10 ·cited 14×·via Violation Of 42 U.S.C. § 1983
  A teacher terminated for exercising First Amendment rights is not barred from federal court by failure to exhaust administrative remedies, especially when the state's administrative process is not essential or is easily bypassed.
• Olshock v. Vill. OF Skokie
  541 F.2d 1254· 7th Cir.· 1976-09-17 ·cited 14×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the record did not sustain a finding of clear and intentional discrimination by the Board, and thus the plaintiffs failed to meet their burden of proof for constitutional violations.
• Miss. GAY Alliance & Anne DeBary v. Goudelock
  536 F.2d 1073· 5th Cir.· 1976-08-12 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that a student newspaper editor's decision to reject an advertisement does not constitute state action and is protected by the First Amendment, precluding judicial compulsion for publication.
• Cooper v. Riddle
  540 F.2d 731· 4th Cir.· 1976-08-02 ·cited 14×
  The court held that the procedural due process requirements delineated in Wolff v. McDonnell are not applicable to reclassification proceedings by the Institutional Classification Committee (ICC).
• Hazo v. Geltz
  537 F.2d 747· 3d Cir.· 1976-06-17 ·cited 14×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in granting absolute immunity to the deputy sheriff without a full factual record, and that a qualified immunity defense might be applicable.
• Hamilton v. Tenn. Secondary Sch. Athletic Ass'n
  552 F.2d 681· 6th Cir.· 1976-04-08 ·cited 14×
  The court held that the privilege of participating in interscholastic athletics is not protected by the Fourteenth Amendment's due process clause.
• Williams v. Mary Ann Williams (formerly Walker)
  532 F.2d 120· 8th Cir.· 1976-03-31 ·cited 14×
  The court held that the prisoner's complaint was properly dismissed because the judge was immune from damages, the non-judicial defendants had no duty to provide notice, and injunctive/declaratory relief was barred by comity principles.
• Bryant v. Potts
  528 F.2d 621· 5th Cir.· 1976-03-15 ·cited 14×
  The court held that the district court erred by failing to consider a Texas tolling statute that may apply to an incarcerated plaintiff's claim.
• Stone v. Philbrook
  528 F.2d 1084· 2d Cir.· 1975-12-03 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in granting summary judgment because there is substantial doubt whether the Commissioner's regulations characterizing General Assistance as an emergency program requiring weekly reapplication and work search are within the rulemaking p
• Echols v. Sullivan
  521 F.2d 206· 5th Cir.· 1975-10-16 ·cited 14×
  The court held that the district court's judgment must be vacated and remanded because it failed to make adequate findings of fact and conclusions of law as required by Rule 52(a).
• Elmon Mims v. Bd. OF Educ. OF the City OF Chicago
  523 F.2d 711· 7th Cir.· 1975-09-24 ·cited 14×
  Although the court found plaintiffs' due process rights were violated by layoff procedures, they are not entitled to relief because the Board of Education is not a suable 'person' under § 1983 and the individual defendants are entitled to qualified immunity.
• Shirley v. Chagrin Falls Exempted Vill. Schs. Bd. OF Educ.
  521 F.2d 1329· 6th Cir.· 1975-09-16 ·cited 14×
  The court held that school board members are not liable for damages if they acted in good faith and reasonably believed their actions were constitutional, even if those actions later proved to violate clearly established law.
• Wilfred E. Watkins, M.D. v. Mercy Med. Ctr.
  520 F.2d 894· 9th Cir.· 1975-08-01 ·cited 14×
  The court held that the mere receipt of federal funds by a private hospital is insufficient to establish state action for purposes of a Section 1983 claim.
• Andrews v. The Drew Mun. Separate Sch. Dist.
  507 F.2d 611· 5th Cir.· 1975-02-03 ·cited 14×·via Violation Of 42 U.S.C. § 1983
  The court held that the school district's rule automatically disqualifying parents of illegitimate children from employment violates the Equal Protection Clause because it creates an irrational classification and violates the Due Process Clause by creating an irrebuttable presump
• Estien v. Christian
  507 F.2d 61· 3d Cir.· 1975-01-02 ·cited 14×
  The court held that the district court's award of attorney's fees was vacated because the record lacked sufficient information to apply the standards for determining reasonable fees established in Lindy Bros. Builders, Inc. of Phila. v. American R. & S. San. Corp.
• Davis v. Paul
  505 F.2d 1180· 6th Cir.· 1974-10-22 ·cited 14×
  The court held that disseminating a flyer labeling individuals as 'active shoplifters' based solely on arrest, without conviction or opportunity to be heard, violates the Due Process Clause of the Fourteenth Amendment.
• Bergstralh v. Lowe
  504 F.2d 1276· 9th Cir.· 1974-08-06 ·cited 14×
  The court held that the district court erred in ruling as a matter of law that the arrest was legal, as conflicting evidence required jury determination.
• Wilkerson v. Meskill
  501 F.2d 297· 2d Cir.· 1974-07-25 ·cited 14×
  The court held that arguments not properly raised in the District Court cannot be considered on appeal, affirming the dismissal based on Eleventh Amendment immunity.
• Fajeriak v. McGINNIS
  493 F.2d 468· 9th Cir.· 1974-02-11 ·cited 14×
  The court held that while nonconsensual interstate prisoner transfers alone do not violate due process, transfers made solely to penalize prisoners for religious activities do state a claim.
• Blouin v. Hon. Nanette Dembitz
  489 F.2d 488· 2d Cir.· 1973-12-13 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court affirmed the dismissal of the § 1983 action, holding that federal courts should abstain from deciding issues of state judicial administration that are best left to state courts.
• Sterling Maurice Williams v. Sepe
  487 F.2d 913· 5th Cir.· 1973-11-14 ·cited 14×
  The court held that procedural irregularities in a contempt proceeding do not constitute a clear absence of all jurisdiction, and thus do not abrogate judicial immunity.
• Crabtree v. Brennan
  466 F.2d 480· 6th Cir.· 1972-08-10 ·cited 14×
  The court held that a teacher's non-renewal of contract does not violate federal law absent a constitutional right or class-based discriminatory animus.
• Jennings v. Patterson
  460 F.2d 1021· 5th Cir.· 1972-02-29 ·cited 14×
  A complaint alleging a fence was erected to deny Black residents access to their homes states a cognizable claim under 42 U.S.C. § 1983.
• Juliette A. Tichon v. Harder
  438 F.2d 1396· 2d Cir.· 1971-02-18 ·cited 14×·via Violation Of 42 U.S.C. § 1983
  The court held that a probationary public employee's claim of procedural due process denial in dismissal does not, without more, establish a "right of personal liberty" sufficient to confer jurisdiction under 28 U.S.C. § 1343(3).
• Chiaffitelli v. Dettmer Hosp., Inc.
  437 F.2d 429· 6th Cir.· 1971-01-05 ·cited 14×
  The court held that the hospital's ties to the public and receipt of public funds were sufficient to establish it as a public agency actionable under 42 U.S.C. § 1983, and that the complaint's allegations were sufficient to state a cause of action.
• Smith v. Schneckloth
  414 F.2d 680· 9th Cir.· 1969-07-22 ·cited 14×·via Violation Of 42 U.S.C. § 1983
  The court held that the inmate's complaint failed to state a cause of action under the Civil Rights Act for denial of equal protection or cruel and unusual punishment.
• Clarke v. Redeker
  406 F.2d 883· 8th Cir.· 1969-02-14 ·cited 14×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff's current action for damages was barred by res judicata because the same cause of action had been previously adjudicated in a prior lawsuit.
• Adickes v. S. H. Kress & Co.
  409 F.2d 121· 2d Cir.· 1968-12-27 ·cited 14×·via Violation Of 42 U.S.C. § 1983
• Erlich v. Juda Glasner
  374 F.2d 681· 9th Cir.· 1967-03-23 ·cited 14×
  The court held that the district court erred by failing to treat motions to dismiss, accompanied by an affidavit outside the pleadings, as motions for summary judgment under Rule 12(b) of the Federal Rules of Civil Procedure.
• Blue Martini Kendall, LLC v. Miami Dade Cnty. Fla.
  816 F.3d 1343· 11th Cir.· 2016-03-17 ·cited 13×·via 42 U.S.C. § 1983 Civil Rights Claim
  Blue Martini Kendall, LLC appealed a district court order granting summary judgment to Miami-Dade County on the County's indemnification claim under Florida Statute § 30.2905, which makes private employers responsible for acts or omissions of off-duty deputy sheriffs providing se
• Furtado v. Jason YUN Chung LAW
  51 So. 3d 1269· Fla. 4th DCA· 2011-02-02 ·cited 13×
  A widow appeals summary judgment dismissing her wrongful death claims arising from a deputy's shooting of his wife during a Baker Act mental health commitment. The Fourth District affirmed, holding that the deputy's use of deadly force was objectively reasonable under the Fourth
• Wynn v. City of Lakeland
  727 F. Supp. 2d 1309· M.D. Fla.· 2010-07-20 ·cited 13×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that summary judgment is granted for assault and negligence claims, but denied for excessive force and battery claims.
• Smith v. Neil A. Fisher, M.D.
  965 So. 2d 205· Fla. 4th DCA· 2007-09-05 ·cited 13×
  The Fourth District Court of Appeal upheld the constitutionality of Florida's Vexatious Litigant Law (section 68.093) against a challenge under Article I, Section 21 of the Florida Constitution. Glenn Smith, a pro se litigant with a history of five unsuccessful lawsuits within fi
• Rosario v. Miami-Dade Cnty.
  490 F. Supp. 2d 1213· S.D. Fla.· 2007-05-08 ·cited 13×·via 42 U.S.C. § 1983 Liability
  The court held that plaintiffs failed to state a claim for municipal liability under 42 U.S.C. § 1983 because they did not allege facts sufficient to show that the deprivation of constitutional rights resulted from a final policymaker's decision or an unconstitutional custom or p
• Buzzi v. Gomez
  62 F. Supp. 2d 1344· S.D. Fla.· 1999-02-12 ·cited 13×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff's claims were barred for failure to exhaust administrative remedies and for failing to establish a prima facie case of retaliation or pretextual discrimination.
• Elder v. R.D. Holloway
  975 F.2d 1388· 9th Cir.· 1991-12-19 ·cited 13×
  A plaintiff in a § 1983 action seeking to overcome qualified immunity must identify the body of law that proves the right allegedly violated was clearly established at the time of the incident. If the plaintiff fails to present such law, the district court does not err by conside
• Arthur v. Hillsborough Cnty. Bd. of Crim. Just.
  588 So. 2d 236· Fla. 2d DCA· 1991-05-08 ·cited 13×
  Bradley Arthur appealed the dismissal of his civil rights claim against the Hillsborough County Board of Criminal Justice arising from beatings he received in jail. Following remand from the U.S. Supreme Court, the Florida appellate court affirmed summary judgment for the Board,
• Reese v. Anderson
  926 F.2d 494· 5th Cir.· 1991-03-21 ·cited 13×·via Violation Of 42 U.S.C. § 1983
  The court held that the individual defendants were entitled to qualified immunity because the officer's use of deadly force was objectively reasonable under the circumstances, and the plaintiff failed to present sufficient evidence to create a genuine issue of material fact.
• Drake v. City OF Fort Collins
  927 F.2d 1156· 10th Cir.· 1991-03-13 ·cited 13×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to establish a prima facie case for disparate impact and failed to show pretext for disparate treatment under Title VII, and affirmed the dismissal of other claims.
• Hill v. Shelander
  924 F.2d 1370· 7th Cir.· 1991-02-12 ·cited 13×·via 42 U.S.C. § 1983 Action
  The dissenting judge argues that the majority erred in allowing an amendment to change the capacity of the defendant from official to individual to relate back to the original filing date, as it did not involve a mistake in identity and prejudiced the defendant.
• Carnes v. Parker
  922 F.2d 1506· 10th Cir.· 1991-01-14 ·cited 13×
  The court held that the employee did not have a constitutionally protected property interest in continued employment under Oklahoma law based on the hospital's personnel manual, as the manual did not expressly promise discharge only for cause.