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

• Jones v. Bd. OF Comm'rs OF the Ala. State BAR
  737 F.2d 996· 11th Cir.· 1984-07-30 ·cited 11×·via Violation Of 42 U.S.C. § 1983
  The court held that the limited right of review for an Alabama Bar applicant who has failed the examination five times, combined with the five-time limitation on taking the bar examination, violates due process.
• Forehand v. First Ala. Bank OF Dothan
  727 F.2d 1033· 11th Cir.· 1984-03-19 ·cited 11×
  The district court did not abuse its discretion by abstaining from hearing the § 1983 claim pending resolution of state court proceedings.
• LEE v. Winston
  717 F.2d 888· 4th Cir.· 1983-09-14 ·cited 11×
  The court held that the involuntary surgical removal of a bullet from a suspect's body, under the circumstances presented, would violate the Fourth Amendment's protection against unreasonable searches. It also held that such a claim is cognizable under 42 U.S.C. § 1983, not habea
• Webb v. Cnty. Bd. OF Educ. OF Dyer Cnty.
  715 F.2d 254· 6th Cir.· 1983-08-29 ·cited 11×·via 42 U.S.C. § 1983 Litigation
  Attorney's fees are not recoverable under 42 U.S.C. § 1988 for services rendered in optional state administrative proceedings when exhaustion of those remedies is not required.
• Bell v. Einer Mickelsen
  710 F.2d 611· 10th Cir.· 1983-04-01 ·cited 11×
  The court held that the trial court erred in applying comparative negligence to intentional tort damages and in apportioning damages between defendants, but that the § 1983 waiver issue was not preserved for appeal.
• Estes v. Tuscaloosa Cnty.
  696 F.2d 898· 11th Cir.· 1983-01-24 ·cited 11×
  Section 1988 does not provide a cause of action for attorney's fees to a party who prevailed in state administrative proceedings but cannot establish an independent claim for relief under section 1983.
• Johann Schmidt and Leland Pollard v. Oakland Unified Sch. Dist.
  662 F.2d 550· 9th Cir.· 1981-11-05 ·cited 11×·via 42 U.S.C. § 1983 Liability
  The court held that the Oakland Unified School District's affirmative action plan (AAP) for construction contracts is constitutional under the Equal Protection Clause, and affirmed the district court's grant of summary judgment for the defendants.
• Uptown People's Cmty. Health Servs. Bd. OF Directors v. The Bd. OF Comm'rs OF Cook Cnty. & the Cnty. of Cook
  647 F.2d 727· 7th Cir.· 1981-04-21 ·cited 11×·via Violation Of 42 U.S.C. § 1983
  The district court lacked pendent jurisdiction over the state contract claims because no substantial federal claim was alleged, and therefore, the court should not have ruled on them.
• Sullivan v. Sgt. Ford
  609 F.2d 197· 5th Cir.· 1980-01-04 ·cited 11×·via § 1983 Suit
  Confiscation of inmate's money in excess of $15, found hidden, was reasonable and did not violate due process.
• Lister v. Comm'rs Court
  566 F.2d 490· 5th Cir.· 1978-01-17 ·cited 11×·via Violation Of 42 U.S.C. § 1983
  The court held that a special master who previously testified for a party should not have been appointed, and that plaintiffs failed to establish the jurisdictional amount for federal question jurisdiction, requiring remand.
• Drummond v. Fulton Cnty. Dep't OF Fam. & Child's. Servs.
  547 F.2d 835· 5th Cir.· 1977-02-02 ·cited 11×
  The dissenting judge would affirm the district court's decision, holding that a state child placement agency can constitutionally consider race as a factor in determining a child's best interests for adoption.
• Demich, Inc. v. Ferdon
  426 F.2d 643· 9th Cir.· 1970-05-13 ·cited 11×·via Violation Of 42 U.S.C. § 1983
  The court held that a prior adversary hearing is constitutionally required before allegedly obscene film, held for exhibition, can be seized, even if only a single copy is involved.
• Wilson v. Sec'y, Dep't of Corr.
  54 F.4th 652· 11th Cir.· 2022-11-29 ·cited 10×
  A Florida prison inmate and veteran challenged prison officials' seizure of his Veterans Administration disability benefits to satisfy prison liens and medical charges in violation of 38 U.S.C. § 5301, which protects VA benefits from attachment and seizure. The Eleventh Circuit a
• Wollschlaeger v. Governor of the State OF Fla.
  797 F.3d 859· 11th Cir.· 2015-07-28 ·cited 10×·via 42 U.S.C. § 1983 Action
  The Eleventh Circuit Court of Appeals reversed the district court's grant of summary judgment and injunction, holding that Florida's Firearm Owners Privacy Act (the Act) does not facially violate the First or Fourteenth Amendments. The court found that the Act's provisions regard
• Maschmeier v. Scott
  508 F. Supp. 2d 1180· M.D. Fla.· 2007-06-28 ·cited 10×
  The court held that the Sheriff was not the final policymaker for § 1983 purposes and that the plaintiff's actions constituted political affiliation, not protected speech, thus precluding his claim for political retaliation.
• Valdes v. Crosby
  390 F. Supp. 2d 1084· M.D. Fla.· 2005-03-31 ·cited 10×
  The court held that material issues of fact precluded summary judgment for defendant Crosby, but granted summary judgment for defendants Giebeig, Thornton, McEaehern, and Burger.
• MacLean v. City of St. Petersburg
  194 F. Supp. 2d 1290· M.D. Fla.· 2002-03-18 ·cited 10×·via 42 U.S.C. § 1983 Claim For Violation Of Fourteenth Amendment Rights
  The court held that the plaintiff failed to establish a prima facie case for retaliation under Title VII and the Florida Civil Rights Act, and that her speech was not a matter of public concern for First Amendment protection.
• Crenshaw v. City of Defuniak Springs
  891 F. Supp. 1548· N.D. Fla.· 1995-05-12 ·cited 10×·via Section 1983
  The court held that the defendant is entitled to summary judgment because the plaintiff failed to demonstrate discriminatory intent or a violation of clearly established constitutional law, and the defendant is entitled to qualified immunity.
• Bartlett v. Colonel C.E. Fisher
  972 F.2d 911· 8th Cir.· 1992-08-13 ·cited 10×·via § 1983
  The court held that the defendants are entitled to qualified immunity on both the procedural due process and First Amendment claims.
• Norbert C. Pearson v. City OF Grand Blanc
  961 F.2d 1211· 6th Cir.· 1992-03-10 ·cited 10×
  The Sixth Circuit affirmed the district court's grant of summary judgment, holding that the denial of a zoning change application was not arbitrary and capricious under substantive due process, as it was rationally related to legitimate zoning concerns like traffic and over-comme
• Vaughan v. Ricketts
  950 F.2d 1464· 9th Cir.· 1991-12-13 ·cited 10×·via § 1983
  The court held that Koch's appeal timeliness must be determined by the district court, and affirmed the denial of the jnov motion regarding qualified immunity, finding the jury's verdicts reconcilable.
• Lewis v. Richmond City Police Dep't
  947 F.2d 733· 4th Cir.· 1991-10-22 ·cited 10×
  A pro se prisoner's civil complaint is deemed filed when delivered to prison authorities for mailing, not when received by the clerk's office, to satisfy the statute of limitations.
• Clark Lee Smith v. Boyd
  945 F.2d 1041· 8th Cir.· 1991-09-25 ·cited 10×
  A district court may sua sponte dismiss a complaint under Rule 12(b)(6) as long as the dismissal does not precede service of process, and failure to provide pre-dismissal notice is not reversible error if the claim is patently frivolous.
• Dang Vang v. Vang Xiong X. Toyed
  944 F.2d 476· 9th Cir.· 1991-09-05 ·cited 10×
  The court held that sufficient evidence supported the jury's conclusion that the defendant, a state employee, acted under color of state law when he raped the plaintiffs, and that the admission of expert testimony was not an abuse of discretion.
• Johnson v. State Mut. Life Assurance Co. of Am.
  942 F.2d 1260· 8th Cir.· 1991-08-21 ·cited 10×
  The dissenting judge would hold that the insurance policy in question does not contain a promise for the payment of money, and therefore the action is barred by the 5-year statute of limitations.
• Cody v. Henderson
  936 F.2d 715· 2d Cir.· 1991-06-26 ·cited 10×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that while extensive delay in processing a criminal appeal can violate due process, unconditional release is not warranted unless the delay substantially prejudiced the outcome of the appeal. The district court erred in granting release without such a showing.
• Cabrales v. Cnty. OF LOS Angeles
  935 F.2d 1050· 9th Cir.· 1991-06-07 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Claim
  A prevailing party is entitled to attorney's fees for an unsuccessful stage of litigation if that stage was a necessary step toward the ultimate victory.
• Knowlton Merritt v. MacKey
  932 F.2d 1317· 9th Cir.· 1991-05-08 ·cited 10×
  The court held that the prior panel's decision on qualified immunity was the law of the case, the damages awarded were not clearly erroneous, and Mackey was liable for attorney's fees under § 1988 due to joint action with a state official, but the multiplier for attorney's fees w
• Unger v. Nat'l Residents Matching Program
  928 F.2d 1392· 3d Cir.· 1991-04-02 ·cited 10×
  The court held that a plaintiff cannot establish a due process claim based on a contract without alleging a breach of that contract.
• Mitch Paulsen v. Cnty. OF Nassau
  925 F.2d 65· 2d Cir.· 1991-02-04 ·cited 10×
  The court held that the Nassau County Veterans Memorial Coliseum's sidewalk and mall areas constitute a public forum by government designation, and a complete ban on noncommercial leafletting is an impermissible abridgement of expression.
• Edwards v. Cass Cnty.
  919 F.2d 273· 5th Cir.· 1990-11-30 ·cited 10×
  The court held that a district court's refusal to allow a late-filed motion for summary judgment asserting qualified immunity is not an immediately appealable "final decision" under 28 U.S.C. § 1291, even if the refusal is an abuse of discretion.
• Willhauck v. Halpin
  919 F.2d 788· 1st Cir.· 1990-11-21 ·cited 10×
  The court held that the district court's failure to enter final judgments on separate documents for dismissed parties, as required by Federal Rules of Civil Procedure 54(b), 58, and 79, meant that the time for appeal had not yet begun to run, and thus the denial of the motion for
• The Rector v. The City OF NEW York & the Landmarks Pres. Comm'n of the City of N.Y.
  914 F.2d 348· 2d Cir.· 1990-09-12 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The court held that New York City's Landmarks Law, as applied to the Church's Community House, does not impose an unconstitutional burden on the free exercise of religion or effect a taking of property without just compensation, as the Church failed to prove it could not continue
• Johnson v. Odom
  910 F.2d 1273· 5th Cir.· 1990-09-07 ·cited 10×
  The court held that the defendants were not entitled to absolute immunity and that genuine issues of material fact existed regarding their claims for qualified immunity, thus affirming the denial of their motion for summary judgment.
• Bradley v. Pittsburgh Bd. OF Educ.
  913 F.2d 1064· 3d Cir.· 1990-09-05 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in granting summary judgment sua sponte after motions in limine without proper notice and opportunity for the plaintiff to present evidence. It also held that the plaintiff's federal claims were not barred by claim preclusion due to a
• Crowder v. Hous. Auth. OF THE City OF Atlanta
  908 F.2d 843· 11th Cir.· 1990-08-09 ·cited 10×
  The court held that parties who obtained a permanent injunction, vindicating significant constitutional rights, are prevailing parties under 42 U.S.C. § 1988, and are entitled to attorney's fees, even if other claims remain pending for a co-plaintiff.
• BEE v. Greaves
  910 F.2d 686· 10th Cir.· 1990-08-02 ·cited 10×
  The court affirmed the denial of qualified immunity, finding the law regarding involuntary medication of pretrial detainees was clearly established. It affirmed in part and reversed in part the attorney fee award, remanding for reevaluation of fees for successful prior appeals.
• Hudson v. McMILLIAN
  929 F.2d 1014· 5th Cir.· 1990-07-31 ·cited 10×·via 42 U.S.C. § 1983 (Excessive Force)
  A prisoner's claim for excessive force under the Eighth Amendment fails if the injury sustained is not significant.
• Welch v. Johnson
  907 F.2d 714· 7th Cir.· 1990-07-23 ·cited 10×
  The court held that claims arising from the plaintiff's discharge were barred by res judicata, but the claim regarding denial of a promotion was not. The court affirmed the district court's grant of summary judgment on the discharge-related claims and reversed it on the promotion
• Young v. The City OF Houston
  906 F.2d 177· 5th Cir.· 1990-07-20 ·cited 10×
  The court held that the plaintiff was entitled to a jury determination on his age discrimination claim, reversing the directed verdict on that issue, but affirmed the dismissal of his sex and race discrimination claims.
• Ellery Cornelius Oliver v. Collins
  904 F.2d 278· 5th Cir.· 1990-06-28 ·cited 10×
  The court held that it had jurisdiction to hear the appeal despite the parties' agreement to appeal to the district court, as the appellees waived their right to enforce that agreement. The court affirmed in part and remanded for further findings regarding the need for a trial tr
• Woods v. Thieret
  903 F.2d 1080· 7th Cir.· 1990-06-07 ·cited 10×
  The court held that Illinois Department of Corrections rules do not create a liberty interest in avoiding temporary confinement, thus no due process violation occurred. However, a genuine issue of material fact exists regarding whether the inmate was denied food, requiring remand
• Rodriguez-Garcia v. Davila
  904 F.2d 90· 1st Cir.· 1990-05-22 ·cited 10×
  The court held that the dismissals of appellants by PRMMI, a private corporation after its sale, did not constitute state action, thus affirming the grant of summary judgment on their civil rights claims.
• Prather v. Norman
  901 F.2d 915· 11th Cir.· 1990-05-18 ·cited 10×·via 42 U.S.C. § 1983 Action
• Barry v. Fowler
  902 F.2d 770· 9th Cir.· 1990-05-10 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that a directed verdict was proper because the officer had probable cause to arrest for auto tampering, and thus no Fourth Amendment violation occurred. However, the award of attorneys' fees to the defendant was reversed as the plaintiff's action was not frivolous.
• Koster v. Perales
  903 F.2d 131· 2d Cir.· 1990-05-10 ·cited 10×
  The court affirmed the district court's judgment, holding that both State and County defendants could be held jointly and severally liable for attorney's fees under 42 U.S.C. § 1988, as the plaintiffs were prevailing parties who achieved some of the benefits sought through litiga
• Finlator v. Powers
  902 F.2d 1158· 4th Cir.· 1990-05-10 ·cited 10×
  The court held that non-exempt parties have standing to challenge a state tax exemption for Holy Bibles, and that the exemption violates the Establishment Clause and the Free Press Clause of the Constitution.
• Allen v. Higgins
  902 F.2d 682· 8th Cir.· 1990-05-04 ·cited 10×
  The court held that the defendant was not entitled to qualified immunity, but the attorney's fee award was excessive given the plaintiff's limited success.
• White v. Sergeant Roper
  901 F.2d 1501· 9th Cir.· 1990-05-01 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the officers used only reasonable force to retake custody of the inmate, and therefore, no constitutional injury occurred.
• Debro Siddig Abdul-Akbar v. Watson
  901 F.2d 329· 3d Cir.· 1990-04-20 ·cited 10×
  The court held that the district court erred in dismissing the inmate's claims as frivolous and in issuing an injunction barring future filings without proper consideration of the inmate's access to the courts. The injunction was vacated and the case remanded.