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

• Isiah Carl Green v. McKASKLE
  788 F.2d 1116· 5th Cir.· 1986-05-05 ·cited 75×
  The court held that remedial court orders alone cannot serve as the basis for a § 1983 damage claim, and that certain claims of the prisoner plaintiff were improperly dismissed and should be remanded.
• Spaulding v. Univ. OF Wash.
  740 F.2d 686· 9th Cir.· 1984-07-03 ·cited 75×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the lower court's decision, finding plaintiffs failed to prove violations of the Equal Pay Act and Title VII.
• Sander Michael Halet v. Wend Inv. Co.
  672 F.2d 1305· 9th Cir.· 1982-01-25 ·cited 75×·via Violation Of 42 U.S.C. § 1983
  The court held that while racial discrimination claims under certain statutes were properly dismissed for lack of standing, the claim regarding the adults-only policy violating the right to family life under the Fourteenth Amendment and § 1983 should not have been dismissed, and
• Sweet v. S.C. Dep't OF Corr.
  529 F.2d 854· 4th Cir.· 1975-12-01 ·cited 75×
  The court held that indefinite solitary confinement to protect a prisoner from other inmates, when the prisoner has violated no rules, constitutes cruel and unusual punishment and violates due process and equal protection. The court also held that a prisoner's fear of death is no
• Williams v. Vincent
  508 F.2d 541· 2d Cir.· 1974-12-30 ·cited 75×
  The court held that a pro se prisoner's complaint alleging deliberate indifference to serious medical needs and denial of a fair hearing states a claim under 42 U.S.C. § 1983, but claims against a superintendent based on vicarious liability are dismissed.
• McCRAY v. State OF Md.
  456 F.2d 1· 4th Cir.· 1972-02-29 ·cited 75×
  A court clerk is not absolutely immune from suit under 42 U.S.C. § 1983 for negligence in performing ministerial duties that impede a litigant's access to the courts. Such negligence can violate a federally protected right.
• Unwin v. Police Officer Robert Campbell
  863 F.2d 124· 1st Cir.· 1988-12-09 ·cited 74×
  The dissent argues that interlocutory appeals for qualified immunity should not extend to purely factual determinations of evidence sufficiency.
• Ralph E. Nishiyama and wife v. Dickson Cnty.
  814 F.2d 277· 6th Cir.· 1987-03-18 ·cited 74×
  The court held that the plaintiffs' allegations of gross negligence by sheriffs in entrusting a patrol car to a convicted felon, who then murdered the plaintiff's daughter, stated a claim for deprivation of life without due process under 42 U.S.C. § 1983.
• Putman v. Gerloff
  639 F.2d 415· 8th Cir.· 1981-01-28 ·cited 74×·via 42 U.S.C. § 1983 Liability
  The court held that the jury instructions improperly applied Eighth Amendment standards to pre-trial detainees and that the directed verdict for Deputy Crowe was erroneous, requiring a new trial.
• Gorman Towers, Inc. v. Bogoslavsky
  626 F.2d 607· 8th Cir.· 1980-07-22 ·cited 74×
  Municipal legislators are absolutely immune from damage liability for enacting zoning ordinances, and private citizens are constitutionally privileged to petition the government for legislative action.
• Lavellee v. Carlo Listi
  611 F.2d 1129· 5th Cir.· 1980-02-15 ·cited 74×
  The court held that while a state statute of limitations applies to a § 1983 claim, federal law governs the accrual of the cause of action, requiring awareness of the injury and its cause.
• Johnson v. Duffy
  588 F.2d 740· 9th Cir.· 1978-12-27 ·cited 74×·via 42 U.S.C. § 1983 Liability
  The court held that a public official can be liable under section 1983 for omissions that cause a deprivation of due process, even without direct personal participation in the forfeiture decision. The court also held that the good faith defense is unavailable if the official knew
• Jenson v. Olson
  353 F.2d 825· 8th Cir.· 1965-12-16 ·cited 74×·via Violation Of 42 U.S.C. § 1983
  The court held that a federal court cannot relitigate issues already decided by state courts, and that a government employee's discharge for misconduct, even if involving speech, does not violate constitutional rights if the speech disrupted employment or if due process was affor
• Baines v. City OF Danville
  337 F.2d 579· 4th Cir.· 1964-08-10 ·cited 74×
  The court granted petitions for rehearing in two specific cases to consider the effect of newly enacted legislation on the prior disposition.
• Grandstaff v. The City OF Borger
  767 F.2d 161· 5th Cir.· 1985-08-05 ·cited 73×·via 42 U.S.C. § 1983 Liability
  Police officers are liable under both Texas law and the Fourteenth Amendment for recklessly using deadly force that kills an innocent third party, even when the force might have been justified against the actual suspect. A municipality is liable under § 1983 for a policy of consc
• Matzker v. Herr
  748 F.2d 1142· 7th Cir.· 1984-10-31 ·cited 73×
• Vanelli v. Reynolds Sch. Dist. NO. 7
  667 F.2d 773· 9th Cir.· 1982-01-21 ·cited 73×·via 42 U.S.C. § 1983 Action
  A post-termination hearing can satisfy due process for a property interest if adequate, but a pre-termination hearing is required for a liberty interest when the dismissal is not an emergency. Damages are appropriate for the deprivation of the liberty interest.
• Schneider v. The City OF Atlanta (Bureau of Corrections)
  628 F.2d 915· 5th Cir.· 1980-10-24 ·cited 73×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court committed plain error by submitting the question of whether the plaintiff's First Amendment rights were infringed to the jury, as this is a question of law for the court.
• Rheuark v. Shaw
  628 F.2d 297· 5th Cir.· 1980-09-24 ·cited 73×
  The court held that while appellate delay can violate due process, the county was not liable because the judge, not the commissioners' actions, was the proximate cause of the delay. Individual defendants were immune.
• Mahone v. Waddle
  564 F.2d 1018· 3d Cir.· 1977-08-24 ·cited 73×·via Violation Of 42 U.S.C. § 1983
  The court held that a cause of action under 42 U.S.C. § 1981 cannot be asserted against a municipality, and municipalities are not subject to suits for damages under the Fourteenth Amendment.
• Fitzke v. Shappell
  468 F.2d 1072· 6th Cir.· 1972-10-03 ·cited 73×·via 42 U.S.C. § 1983 Claim For Denial Of Medical Care
  The court held that the allegations of the complaint, if true, stated a cause of action under 42 U.S.C. § 1983 for denial of necessary medical care during incarceration, and that the submitted affidavits did not negate genuine issues of material fact, thus precluding summary judg
• Colaizzi v. Walker
  812 F.2d 304· 7th Cir.· 1987-02-12 ·cited 72×
  The dissenting judge believes the appellees were entitled to due process protections and the defendant could be charged with knowledge of their right to a hearing.
• Morgan v. City OF Rawlins & Abe DeHerrera
  792 F.2d 975· 10th Cir.· 1986-06-03 ·cited 72×
  The court held that the district court erred in dismissing the federal action based on res judicata, as the prior state court proceeding did not constitute a full and fair adjudication of the § 1983 claims, and the defendant DeHerrera was not in privity with the City for the purp
• FOX v. Custis
  712 F.2d 84· 4th Cir.· 1983-07-13 ·cited 72×
  The court held that parole officers have discretion under Virginia law regarding arrests for parole violations, and are immune from liability for decisions made within the scope of that discretion.
• Finberg v. Sullivan
  634 F.2d 50· 3d Cir.· 1980-10-27 ·cited 72×·via Violation Of 42 U.S.C. § 1983
  The dissenting judge believes the majority erred in interpreting state procedural rules, asserting they provide due process in postjudgment proceedings.
• Allen v. Amalgamated Transit Union Local 788
  554 F.2d 876· 8th Cir.· 1977-05-09 ·cited 72×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the Union engaged in racial discrimination by denying seniority rights and charging initiation fees to former CSC employees, and that the statute of limitations did not bar claims for continuing discrimination. The court also affirmed the availability of punit
• Lecil Hander v. SAN Jacinto Junior Coll.
  519 F.2d 273· 5th Cir.· 1975-09-12 ·cited 72×
• Morton Birnbaum v. Trussell
  371 F.2d 672· 2d Cir.· 1966-12-28 ·cited 72×·via Violation Of 42 U.S.C. § 1983
  The court held that the complaint sufficiently states a claim of deprivation of constitutional rights under Sections 1983 and 1985(3) based on racial discrimination in public employment.
• DeVARGAS v. Mason & Hanger-Silas Mason Co., Inc.
  844 F.2d 714· 10th Cir.· 1988-04-07 ·cited 71×
  Private parties acting under a government contract are entitled to qualified immunity, and the denial of such immunity is immediately appealable, even if claims for injunctive relief remain pending.
• Rogero v. B.M. Noone
  704 F.2d 518· 11th Cir.· 1983-05-02 ·cited 71×·via Violation Of 42 U.S.C. § 1983
  A suit under Title VII cannot be maintained against a county tax collector who individually employs fewer than fifteen people, even if the county employs more, unless the county is joined as a party.
• Johnson v. Am. Credit Co. OF Ga.
  581 F.2d 526· 5th Cir.· 1978-10-06 ·cited 71×
  The Georgia prejudgment attachment scheme is facially unconstitutional because it lacks the required judicial scrutiny for the issuance of attachment writs, violating the Fourteenth Amendment's due process clause.
• Odessa Carrion v. Yeshiva Univ.
  535 F.2d 722· 2d Cir.· 1976-05-07 ·cited 71×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the district court's dismissal of the discrimination claims and its award of attorney's fees to the defendant, finding the plaintiff's action to be frivolous and malicious.
• Keefe v. Geanakos
  418 F.2d 359· 1st Cir.· 1969-11-12 ·cited 71×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the plaintiff had a high probability of prevailing on the merits regarding the use of an offensive word in an academic context and the lack of adequate notice, warranting interlocutory relief.
• Trellus Richmond v. Badia
  47 F.4th 1172· 11th Cir.· 2022-08-22 ·cited 70×·via 42 U.S.C. § 1983 (Excessive Force)
  A school resource officer was not entitled to qualified immunity on an excessive force claim under the Fourth Amendment when he grabbed a thirteen-year-old student's face, threw him to the ground using an armbar technique, and twisted his wrist, despite having arguable probable c
• Terrell v. Smith
  668 F.3d 1244· 11th Cir.· 2012-01-30 ·cited 70×·via 42 U.S.C. § 1983 Civil Rights Claim
  Officer Smith of the Palm Bay Police Department shot and killed Aaron Zylstra during a traffic stop that escalated when Zylstra refused police commands, jumped back into his vehicle, and attempted to flee, striking Smith with the car door. The Eleventh Circuit held that Smith's u
• Chongris v. Bd. OF Appeals OF the Town OF Andover
  811 F.2d 36· 1st Cir.· 1987-02-12 ·cited 70×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  The court held that the plaintiffs failed to state federally cognizable causes of action under 42 U.S.C. § 1983, as their claims regarding building permit revocation and victualler's license denial did not violate due process or constitutional rights.
• Ward v. Cnty. OF SAN Diego
  791 F.2d 1329· 9th Cir.· 1986-03-03 ·cited 70×
  The court held that the law was sufficiently clear in May 1981 to subject a public official to civil liability for authorizing blanket strip searches of minor offense arrestees, but that the plaintiff was not a prevailing party entitled to attorney fees.
• Compton v. IDE
  732 F.2d 1429· 9th Cir.· 1984-05-08 ·cited 70×
  The court held that the plaintiffs' claims under 42 U.S.C. § 1983 and RICO were time-barred, and that the Bivens claims were properly dismissed via summary judgment.
• G.T. Scott v. Greenville Cnty.: C. Daniel Riddle
  716 F.2d 1409· 4th Cir.· 1983-09-14 ·cited 70×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff has standing to sue for racial discrimination and that the denial of a building permit may violate due process if arbitrary or capricious, but damages for delays caused by a state court appeal are limited.
• Rollins Freeman v. Franzen
  695 F.2d 485· 7th Cir.· 1982-12-15 ·cited 70×
  The court held that the district court erred in granting judgment notwithstanding the verdict for two defendants, and that the jury's punitive damages award against another defendant was supported by the evidence. The court also held that prisoners can bring claims for excessive
• Logan v. Norris Shealy
  660 F.2d 1007· 4th Cir.· 1981-10-07 ·cited 70×
  The court held that the strip search policy was unconstitutional and reversed directed verdicts for damages claims related to it, remanding for further proceedings. Other claims were affirmed.
• Whitehurst v. Wright
  592 F.2d 834· 5th Cir.· 1979-04-05 ·cited 70×
  The court affirmed the trial court's decisions, holding that post-death events cannot form the basis of a civil rights claim for the deceased and that the trial judge did not err in rulings on recusal, directed verdict, or impeachment.
• McCRAY v. Burrell
  516 F.2d 357· 4th Cir.· 1975-04-10 ·cited 70×
  The court held that the appellate court cannot discard a district judge's inferences, which are part of the findings of fact. The court also discussed the evolving doctrine of exhaustion of administrative remedies in prisoner § 1983 cases.
• Ireland v. Prummell
  53 F.4th 1274· 11th Cir.· 2022-11-14 ·cited 69×·via 42 U.S.C. § 1983 (Excessive Force)
  Thomas Ireland's father appealed the district court's grant of summary judgment dismissing his claims arising from his son's death following a violent altercation with corrections officers at the Charlotte County Jail on August 24, 2015. The Eleventh Circuit affirmed the dismissa
• Thomas v. Town OF Davie
  847 F.2d 771· 11th Cir.· 1988-06-21 ·cited 69×
  The court held that the district court erred in dismissing the plaintiff's § 1983 claim with prejudice without granting leave to amend the complaint.
• Partridge v. TWO Unknown Police Officers OF the City OF Houston
  791 F.2d 1182· 5th Cir.· 1986-06-13 ·cited 69×
  The dissenting judge believes the majority opinion incorrectly interprets precedent and collapses the distinction between negligence and wanton conduct.
• Basiardanes v. City OF Galveston
  682 F.2d 1203· 5th Cir.· 1982-08-19 ·cited 69×
  The court held that the zoning ordinance restricting adult theaters was an unconstitutional prior restraint on speech because it was not narrowly tailored to serve a substantial governmental interest and effectively banned such theaters from the city.
• Linda (Sinklear) Lessman v. McCORMICK
  591 F.2d 605· 10th Cir.· 1979-01-26 ·cited 69×
  The court held that the complaint sufficiently stated a claim for false arrest and imprisonment under 42 U.S.C. § 1983 against the arresting officer and bank employee, but not for claims under 42 U.S.C. §§ 1985 and 1986 due to lack of class-based discriminatory animus.
• Conover v. Honorable Frank M. Montemuro, Jr.
  477 F.2d 1073· 3d Cir.· 1972-12-20 ·cited 69×
  The court reinstated prior panel opinions, excluding portions on judicial immunity in § 1983 injunctive relief suits, and declined to rule on the issue.
• Breen v. Kahl
  419 F.2d 1034· 7th Cir.· 1969-12-03 ·cited 69×
  The dissenting judge believes the majority erred in holding that a school's dress code regulation on hair length violates the Constitution.