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

• Anonymous J. and Anonymous R. v. The BAR Ass'n OF Erie Cnty. & John B. Walsh
  515 F.2d 435· 2d Cir.· 1975-04-03 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that a federal civil rights action under 42 U.S.C. § 1983 is not exempt from the Younger abstention doctrine.
• Mitchell v. W. Feliciana Parish Sch. Bd.
  507 F.2d 662· 5th Cir.· 1975-01-30 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the school board acted in good faith under erroneous court orders and that plaintiffs were not entitled to reinstatement or other remedies.
• Junior Chamber OF Commerce OF Kan. City v. The Mo. State Junior Chamber OF Commerce
  508 F.2d 1031· 8th Cir.· 1975-01-08 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The court held that the federal government's substantial financing of the Jaycees' leadership development programs, which exclude women, creates a sufficient nexus to the discriminatory conduct to potentially violate the Fourteenth Amendment.
• Donnie R. McCORMICK v. Ross
  506 F.2d 1205· 8th Cir.· 1974-11-25 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the plaintiff's conclusory allegations of information alteration were insufficient to create a genuine issue of fact, thus affirming the grant of summary judgment.
• Watson v. Stynchombe
  504 F.2d 393· 5th Cir.· 1974-11-21 ·cited 10×
  The court held that the district court should reconsider the dismissal in light of precedent establishing property rights are within the scope of jurisdiction under 28 U.S.C. § 1343(3).
• Vance v. Chester Cnty. Bd. OF Sch. Trs.
  504 F.2d 820· 4th Cir.· 1974-10-02 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The court held that the school board's procedures for non-renewal of a teacher's contract, including oral notice and a post-decision hearing, satisfied due process requirements under the circumstances.
• The Reverend Temperance E. Wright v. State
  495 F.2d 1086· 5th Cir.· 1974-06-13 ·cited 10×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the district court had jurisdiction over the plaintiff's claims for damages under the Fourth Amendment and 18 U.S.C. § 2520, and that the claims should not have been dismissed without an opportunity to prove them. The court also noted that equitable relief cla
• Leola Nichols v. Tower Grove Bank
  497 F.2d 404· 8th Cir.· 1974-05-13 ·cited 10×
  Self-help repossession and sale of collateral under a contract, even when authorized by state statute and involving state issuance of a new title, does not constitute action taken under color of state law for purposes of a 42 U.S.C. § 1983 claim.
• Roberts v. James Acres & the Vill. of Markham
  495 F.2d 57· 7th Cir.· 1974-03-19 ·cited 10×
  The court held that the amended complaint sufficiently stated a claim under the Civil Rights Act against the individual defendant, but the dismissal of the claim against the Village of Markham was proper.
• Robinson v. Jefferson Cnty. Bd. OF Educ.
  485 F.2d 1381· 5th Cir.· 1973-10-23 ·cited 10×·via § 1983 Suit
  A non-tenured teacher does not have a constitutionally protected property interest in continued employment absent a statute or contract requiring cause for dismissal. The school board's decision not to renew the contract was not a violation of constitutional rights.
• Williams v. Police Officer Gould & City of Los Angeles
  486 F.2d 547· 9th Cir.· 1973-10-17 ·cited 10×
  Good faith belief is a defense to damages claims under 42 U.S.C. § 1983 for warrantless entry into a home to arrest a felon.
• Slate v. McFETRIDGE
  484 F.2d 1169· 7th Cir.· 1973-08-30 ·cited 10×·via 42 U.S.C. § 1983 Liability
  The court held that it was error to deny plaintiffs' motion for a directed verdict on their due process claim, as the defendants failed to provide prompt administrative action on their permit application.
• Boettger v. Moore
  483 F.2d 86· 9th Cir.· 1973-07-31 ·cited 10×·via 42 U.S.C. § 1983 Liability
  Higher city officials are not vicariously liable under 42 U.S.C. § 1983 for the acts of lower officials when state law does not impose such liability.
• Rainey v. Jackson State Coll.
  481 F.2d 347· 5th Cir.· 1973-06-27 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the College's refusal to hire Dr. Rainey for the 1970-71 and 1971 summer terms was based on constitutionally impermissible reasons, requiring separate consideration.
• Rider v. Bd. OF Educ. OF Indep. Sch. Dist. NO. 1
  480 F.2d 693· 10th Cir.· 1973-05-25 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The court held that a school's hair regulation, which prohibited long braided hair, did not violate students' constitutional rights, as it was rationally related to a legitimate state objective of maintaining school discipline and spirit.
• Simmons v. Jones
  478 F.2d 321· 5th Cir.· 1973-05-14 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The court held that the federal district court improperly intervened in the state's jury selection process and should have abstained or dismissed the case for failure to state a claim.
• Montana v. Lan E. Harrelson
  469 F.2d 1091· 5th Cir.· 1972-12-01 ·cited 10×
  The court held that the district court erred in dismissing the case for lack of jurisdiction based on a property rights exception, as subsequent Supreme Court precedent has abolished such a distinction.
• Goldie Ann Betts v. Bd. OF Educ. OF the City OF Chicago
  466 F.2d 629· 7th Cir.· 1972-08-25 ·cited 10×·via Section 1983
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, as the plaintiff failed to show a reasonable probability of success on the merits of her due process or state statutory claims.
• Spence v. Bailey
  465 F.2d 797· 6th Cir.· 1972-08-08 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The court held that requiring a student to participate in R.O.T.C. against his sincere religious beliefs, when no compelling state interest exists, violates the Free Exercise Clause of the First Amendment.
• Lukac v. Acocks
  466 F.2d 577· 6th Cir.· 1972-08-02 ·cited 10×
  A limited coaching contract does not create a property interest protected by due process, even with long service.
• Gentry B. Puckett v. Weldon W. COX
  456 F.2d 233· 6th Cir.· 1972-03-08 ·cited 10×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that while negligence can form the basis of a § 1983 claim, the plaintiff's specific allegations of negligence in failing to protect him from another inmate did not rise to a constitutional deprivation. However, the claim regarding solitary confinement, particularl
• Adams v. Miami Police Benevolent Ass'n, Inc.
  454 F.2d 1315· 5th Cir.· 1972-02-02 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The court held that the Miami Police Benevolent Association, by barring black officers from membership, acted under color of law and deprived them of equal protection, justifying equitable relief.
• United States ex rel. Michael Katzoff v. McGINNIS
  441 F.2d 558· 2d Cir.· 1971-03-29 ·cited 10×
  A civil rights action for restoration of statutory good time should not be barred by the exhaustion requirement of 28 U.S.C. § 2254(b).
• Garren v. City of Winston-Salem
  439 F.2d 140· 4th Cir.· 1971-03-02 ·cited 10×
  The court held that a claim based solely on the deprivation of property rights, even if framed as an equal protection issue related to extraterritorial zoning without voting rights, is not cognizable under 42 U.S.C. § 1983.
• Rainey v. Jackson State Coll.
  435 F.2d 1031· 5th Cir.· 1970-12-22 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in dismissing the action for lack of jurisdiction, as the complaint stated a claim under 42 U.S.C. § 1983 for denial of employment based on First Amendment retaliation.
• Notaras v. Ramon
  383 F.2d 403· 9th Cir.· 1967-09-22 ·cited 10×
• Otto v. Hon. Frank R. Somers
  332 F.2d 697· 6th Cir.· 1964-06-05 ·cited 10×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the district court correctly dismissed the taxpayer's complaint for lack of federal jurisdiction, as no civil rights violations under the Fourteenth Amendment were demonstrated.
• Bernhard Rosee v. The Bd. OF Trade OF the City OF Chicago
  311 F.2d 524· 7th Cir.· 1963-01-02 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to establish federal jurisdiction because the Chicago Board of Trade's disciplinary proceedings were private actions, not state actions, and the Commodity Exchange Act does not provide for civil enforcement of rights related to such procee
• Johnson v. MacCOY
  278 F.2d 37· 9th Cir.· 1960-03-31 ·cited 10×
  A judge is not liable for acts done in the exercise of judicial functions unless the act was done in the clear absence of all jurisdiction. A private citizen can lay a complaint before a magistrate, and the magistrate has jurisdiction to issue a warrant based on that complaint.
• Monroe v. Pape
  272 F.2d 365· 7th Cir.· 1959-11-23 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The court held that the alleged misconduct of city police officers, even if true, does not state a claim under the Federal Civil Rights Act for which relief can be granted.
• Wromas v. Banker
  2023 WL 5745494· N.D. Fla.· 2025-07-01 ·cited 9×·via 42 U.S.C. § 1983 Civil Rights Claim
  A pro se prisoner's failure to accurately disclose prior litigation history on a court-required complaint form, even if due to misunderstanding, warrants dismissal without prejudice as a malicious abuse of the judicial process.
• DeMarcus v. Univ. of S. Ala.
  133 F.4th 1305· 11th Cir.· 2025-04-10 ·cited 9×·via 42 U.S.C. § 1983 Violations
  The court held that the players' allegations did not establish violations of Title IX or 42 U.S.C. § 1983, affirming the district court's dismissal.
• Hoffman v. Smith
  2024 WL 3898011· M.D. Fla.· 2024-12-13 ·cited 9×·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiff failed to meet his initial burden of proving the relevance of his discovery requests, and the requests were also objectionable as irrelevant, overly broad, or disproportionate.
• Monteria Najuda Robinson v. Sauls
  102 F.4th 1337· 11th Cir.· 2024-06-04 ·cited 9×
  No Bivens cause of action is available for an excessive force claim against officers operating as part of a USMS joint task force apprehending fugitives.
• Iwoinakee Gebray Harris-Billups v. Milele Anderson
  61 F.4th 1298· 11th Cir.· 2023-03-13 ·cited 9×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officer's use of deadly force was objectively reasonable under the Fourth Amendment, entitling her to qualified immunity.
• Hjalmar Rodriguez, Jr. v. Burnside
  38 F.4th 1324· 11th Cir.· 2022-06-30 ·cited 9×
  Prison policies limiting shower frequency and clothing worn during transport are reasonably related to legitimate penological interests and do not violate an inmate's First Amendment rights. Even if they did, prison officials are entitled to qualified immunity.
• Burgess v. N. Broward Hosp. Dist.
  126 So. 3d 430· Fla. 4th DCA· 2013-11-13 ·cited 9×
  Shirley Burgess, representing her deceased husband's estate, appealed the dismissal of her 42 U.S.C. § 1983 claim for denial of access to courts against a hospital and neurosurgeon. The court affirmed the dismissal, holding that Burgess failed to allege sufficient facts demonstra
• Pete's Towing Co. v. City of Tampa
  648 F. Supp. 2d 1276· M.D. Fla.· 2009-08-13 ·cited 9×
  The court adopted the magistrate judge's report and recommendation, granting summary judgment for the defendants and denying the plaintiff's objections.
• Florida Democratic Party v. Hood
  342 F. Supp. 2d 1073· N.D. Fla.· 2004-10-21 ·cited 9×·via 42 U.S.C. § 1983 Action
  Federal law mandates allowing voters to cast provisional ballots even if at the wrong polling place, but does not require counting such ballots if cast at the incorrect precinct.
• Allocco v. City of Coral Gables
  221 F. Supp. 2d 1317· S.D. Fla.· 2002-08-23 ·cited 9×·via Violation Of 42 U.S.C. § 1983
  The court granted summary judgment for the defendants, finding no misrepresentation or deprivation of constitutional rights.
• Butler v. Dowling
  750 So. 2d 674· Fla. 4th DCA· 1999-12-22 ·cited 9×
  The appellate court held that the trial court's order denying summary judgment on qualified immunity was not a departure from the essential requirements of law, and thus denied certiorari.
• Geidel v. City of Bradenton Beach
  56 F. Supp. 2d 1359· M.D. Fla.· 1999-06-09 ·cited 9×·via Violation Of 42 U.S.C. § 1983
  The court granted in part and denied in part the defendants' motions to dismiss, finding that while some claims against individual officers were sufficiently pleaded, others against the City and official capacities were not.
• Hazel v. Sch. Bd. of Dade Cnty.
  7 F. Supp. 2d 1349· S.D. Fla.· 1998-05-08 ·cited 9×
  The court granted in part and denied in part the motion to dismiss, finding that the plaintiff stated claims for subject matter jurisdiction, quid pro quo sexual harassment under Title VII, and under the Florida Civil Rights Act, while dismissing other claims with or without prej
• Showers v. City of Bartow
  978 F. Supp. 1464· M.D. Fla.· 1997-09-24 ·cited 9×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the plaintiff failed to state sufficient factual allegations to support claims under Title VII, § 1981, and § 1983, and also failed to exhaust administrative remedies for the Title VII claim, but denied dismissal for lack of jurisdiction over the state law cla
• White Plains Towing Corp. v. Patterson
  991 F.2d 1049· 2d Cir.· 1993-04-21 ·cited 9×
  The court held that the plaintiffs' First Amendment claims lacked merit and that the defendants were entitled to qualified immunity on the due process claims, reversing the district court's judgment.
• Paris v. U.S. Dep't OF Hous. & Urban Dev.
  988 F.2d 236· 1st Cir.· 1993-03-04 ·cited 9×
  A party who achieves the relief sought due to intervening congressional action, even without a ruling on the merits, can recover attorney's fees under fee-shifting statutes like the Fair Housing Act and § 1988 if their litigation acted as a catalyst for the change.
• Garner Gregory v. The City OF Rogers
  974 F.2d 1006· 8th Cir.· 1992-09-09 ·cited 9×
  The court held that the plaintiffs presented sufficient evidence to withstand summary judgment, as a reasonable factfinder could conclude officers knew of the passengers' intoxication and the driver's designated status.
• Kulwicki v. Dawson
  969 F.2d 1454· 3d Cir.· 1992-07-02 ·cited 9×
  The court held that a prosecutor is absolutely immune from suit for initiating criminal charges, even if motivated by personal animus, and that appellate jurisdiction exists over denials of immunity claims even with disputed facts.
• Cookish v. Commissioner Ronald Powell
  945 F.2d 441· 1st Cir.· 1991-09-26 ·cited 9×·via 42 U.S.C. § 1983 Claim For Violation Of Fourth Amendment Rights
  The court held that prison officials are entitled to qualified immunity because it was objectively reasonable for them to believe their conduct was lawful, even if the underlying Fourth Amendment claim might have merit.
• Torchinsky v. Siwinski
  942 F.2d 257· 4th Cir.· 1991-08-09 ·cited 9×
  Deputy Sheriff Siwinski is entitled to qualified immunity because he acted with objective reasonableness in seeking arrest warrants based on the victim's identification, and the municipality cannot be held liable under § 1983 without proof of a policy or custom causing the depriv