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

• Slattery v. Rizzo
  939 F.2d 213· 4th Cir.· 1991-07-25 ·cited 9×
  Qualified immunity is available in excessive force claims under the Fourth Amendment, and under the undisputed facts, a reasonable officer could have believed the suspect posed a deadly threat, entitling the officer to immunity.
• David F. McCOMB ad litem for Khemsu Walton v. Rosita Wambaugh
  934 F.2d 474· 3d Cir.· 1991-05-30 ·cited 9×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that the Interstate Compact on the Placement of Children did not apply to a child returned to his mother's custody, and therefore, no special relationship was created between the state and the child that would impose a duty to protect him from his mother's abuse.
• Brotherton v. Frank P. Cleveland, M.D.
  923 F.2d 477· 6th Cir.· 1991-01-18 ·cited 9×
  The court held that the coroner's removal of corneas under Ohio law does not constitute a taking of property protected by 42 U.S.C. § 1983.
• Cordero v. De Jesus-Mendez
  922 F.2d 11· 1st Cir.· 1990-12-18 ·cited 9×·via 42 U.S.C. § 1983 Action
  Postjudgment interest accrues from the date of the judgment entered after a retrial ordered due to insufficient evidence, not from the date of the original vacated judgment.
• Streetman v. Lt. Gary Jordan
  918 F.2d 555· 5th Cir.· 1990-12-07 ·cited 9×·via 42 U.S.C. § 1983 Action
  The court held that the appellant failed to meet the heightened pleading standards required to overcome the qualified immunity defense, thus the district court properly granted summary judgment.
• Grunwald v. SAN Bernardino City Unified Sch. Dist.
  917 F.2d 1223· 9th Cir.· 1990-10-31 ·cited 9×
  The court held that the union's procedure for handling agency fees and rebates did not violate plaintiffs' First Amendment rights, as the temporary withholding of funds was permissible and did not constitute actionable harm.
• Ellery Cornelius Oliver v. Collins
  914 F.2d 56· 5th Cir.· 1990-09-19 ·cited 9×
  The court held that the magistrate applied an outdated injury standard and improperly dismissed claims where the prisoner alleged an unprovoked, malicious assault by guards, vacating that dismissal.
• Keene Corp. v. Judge J.E. Cass
  908 F.2d 293· 8th Cir.· 1990-07-09 ·cited 9×·via 42 U.S.C. § 1983 Action
  The court held that federal courts lack subject matter jurisdiction to review state court orders when the federal claims are inextricably intertwined with the state court's rulings, and that attorney fees under 42 U.S.C. § 1988 cannot be awarded when a case is dismissed for lack
• Bobal v. Rensselaer Polytechnic Inst.
  916 F.2d 759· 2d Cir.· 1990-05-15 ·cited 9×
  The court held that while dismissal of most claims was proper, the district court abused its discretion by dismissing the remaining claims without first warning the pro se plaintiff of the potential sanction, but later affirmed the dismissal upon learning a warning was given.
• Ruge v. City OF Bellevue
  892 F.2d 738· 8th Cir.· 1989-12-26 ·cited 9×·via Violation Of 42 U.S.C. § 1983
  The court held that a complaint alleging a city's deliberate policy of not shoring ditches, leading to an employee's death, sufficiently states a claim under 42 U.S.C. § 1983 to survive a motion to dismiss.
• Weaver v. Reagen
  886 F.2d 194· 8th Cir.· 1989-09-25 ·cited 9×
  Missouri Medicaid may not deny coverage of AZT to eligible AIDS patients whose physicians certify it as medically necessary, even if the patient does not meet the restrictive criteria in the state regulation based on FDA approval.
• Dort Attwood v. Mendocino Coast Dist. Hosp.
  886 F.2d 241· 9th Cir.· 1989-09-22 ·cited 9×
  When a district court declines to exercise jurisdiction under the Colorado River doctrine due to parallel state litigation, it must stay the federal action rather than dismiss it, to ensure the federal forum remains available if the state proceedings prove inadequate.
• Reich v. Beharry
  883 F.2d 239· 3d Cir.· 1989-08-24 ·cited 9×·via Violation Of 42 U.S.C. § 1983
  The court held that a claim for delayed payment of professional services, even if stemming from a contract with a government entity, does not implicate substantive due process, and adequate state remedies exist for procedural due process claims.
• Small Engine Shop, Inc. v. Concetta Cangelosi Cascio
  878 F.2d 883· 5th Cir.· 1989-08-04 ·cited 9×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  The court held that Louisiana Revised Statute § 13:3886, as interpreted by the district court to be the sole mechanism for actual notice in foreclosure actions, violates the Due Process Clause by impermissibly shifting the entire burden of ensuring notice to the property owner.
• Miller v. Lovett
  879 F.2d 1066· 2d Cir.· 1989-07-17 ·cited 9×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court erred in instructing the jury on excessive force using an outdated subjective standard and in dismissing the state-law claims.
• Manders v. The State OF Okla.
  875 F.2d 263· 10th Cir.· 1989-05-04 ·cited 9×
  The court held that attorneys' fees under Title VII are not available for services rendered in an optional internal grievance procedure, and that plaintiffs failed to present sufficient evidence of sexual harassment within the statute of limitations for their Section 1983 claims.
• Fla. Pawnbrokers & Secondhand Dealers Ass'n v. City of Fort Lauderdale
  711 F. Supp. 1084· S.D. Fla.· 1989-05-03 ·cited 9×
  A municipality is liable for attorney's fees under 42 U.S.C. § 1988 when it enforces an unconstitutional statute, even if it did not enact the statute, and its choice to defend the suit does not constitute a special circumstance to avoid liability.
• Campbell v. City OF Coral Springs
  538 So. 2d 1373· Fla. 4th DCA· 1989-03-01 ·cited 9×
  Appellants challenged a final judgment dismissing their malicious prosecution and civil rights claims against the City of Coral Springs, arguing that the sovereign immunity waiver statute was unconstitutional as applied to malicious prosecution claims. The court affirmed the judg
• Learned v. City OF Bellevue
  860 F.2d 928· 9th Cir.· 1988-11-03 ·cited 9×·via Violation Of 42 U.S.C. § 1983
  Summary judgment for the employer was proper because the employee failed to produce evidence supporting claims under Title VII or the Fourteenth Amendment, and Title VII violations cannot form the basis of Section 1983 claims.
• Sparks v. Character & Fitness Comm. OF Ky.
  859 F.2d 428· 6th Cir.· 1988-10-18 ·cited 9×
  The actions of the Kentucky Supreme Court and its Character and Fitness Committee in determining bar admission qualifications are judicial acts protected by absolute judicial immunity, even when performed by non-judicial officers.
• DEL A. v. Edwards
  855 F.2d 1148· 5th Cir.· 1988-09-28 ·cited 9×
  The dissent argues that the court should have considered the legal sufficiency of the plaintiffs' claims, concluding that no federal cause of action exists for damages against state officials under the Adoption Assistance Act.
• Hicks v. Feeney
  850 F.2d 152· 3d Cir.· 1988-06-22 ·cited 9×·via Violation Of 42 U.S.C. § 1983
  The court held that dismissal was an excessive sanction, and an order precluding the plaintiff from establishing actual and punitive damages would have been more appropriate.
• Geter v. Wille
  846 F.2d 1352· 11th Cir.· 1988-06-14 ·cited 9×·via 42 U.S.C. § 1983 Liability
  Supervisory officials cannot be held liable under 42 U.S.C. § 1983 for the acts of their subordinates solely on the basis of respondeat superior or the mere right to control without evidence of personal participation or a policy/custom causing the injury.
• Reyes v. The Supervisor OF the Drug Enf't Admin.
  834 F.2d 1093· 1st Cir.· 1987-12-08 ·cited 9×
  The court held that the improper disclosure claim was time-barred, the § 1983 claims against state officials were barred by the Eleventh Amendment, and equitable expungement was not warranted. However, the court remanded with leave to amend the complaint to name the United States
• Yellen v. Cooper
  828 F.2d 1471· 10th Cir.· 1987-09-11 ·cited 9×
  The court held that a prisoner's request for final disposition of a detainer constitutes a waiver of pretransfer rights under the Interstate Agreement on Detainers Act (IADA), and this waiver can be the basis for a sua sponte dismissal of a complaint filed in forma pauperis, even
• Murphy v. Mo. Dep't OF Corr.
  814 F.2d 1252· 8th Cir.· 1987-03-19 ·cited 9×
  A total ban on inmate mail from an organization, even one espousing white supremacy, is an unconstitutional restriction on free speech and religious exercise if less restrictive means are available to ensure prison security. Furthermore, the failure to follow established procedur
• Majette v. O'Connor
  811 F.2d 1416· 11th Cir.· 1987-03-06 ·cited 9×·via 42 U.S.C. § 1983 Action
  A state's notice of claim statute, like Fla. Stat. § 768.28(6), cannot be applied to bar a federal civil rights action under 42 U.S.C. § 1983, as it constitutes an impermissible exhaustion of administrative remedies.
• Junior Wilnon Byrd v. Stewart
  811 F.2d 554· 11th Cir.· 1987-02-26 ·cited 9×
  The court held that a pro se plaintiff's complaint alleging unlawful search and seizure by state officers acting under color of state law states a claim under 42 U.S.C. § 1983.
• Holdiness v. A.M. Stroud, Jr.
  808 F.2d 417· 5th Cir.· 1987-01-23 ·cited 9×
  The court held that claims against National Guard superiors under § 1983, § 1985, Bivens, and state law are barred due to the unique military context and the availability of administrative remedies.
• Gordon v. Norman
  788 F.2d 1194· 6th Cir.· 1986-04-23 ·cited 9×·via 42 U.S.C. § 1983 Action
  The court held that the defendants failed to demonstrate prejudice from their attorney's alleged conflict of interest and that federal law governs the award of punitive damages, not state law regarding financial condition evidence.
• Thompkins v. Stuttgart Sch. Dist. #22
  787 F.2d 439· 8th Cir.· 1986-03-31 ·cited 9×·via Violation Of 42 U.S.C. § 1983
  A state legislature cannot limit the pendent jurisdiction of federal courts, and the district court erred in dismissing the state law claim based on a state statute purporting to grant exclusive jurisdiction to state courts.
• Love v. King
  784 F.2d 708· 5th Cir.· 1986-03-12 ·cited 9×·via 42 U.S.C. § 1983 Liability
  The court held that a municipality is not vicariously liable under 42 U.S.C. § 1983 for employee acts absent policy or custom, and that mere negligence by a government official does not constitute an abuse of power actionable under § 1983 for a due process violation.
• Isiah Carl Green v. McKASKLE
  770 F.2d 445· 5th Cir.· 1985-08-26 ·cited 9×·via 42 U.S.C. § 1983 Action
• Lloyd v. Hines
  474 So. 2d 376· Fla. 1st DCA· 1985-08-13 ·cited 9×
  Winston Lloyd appealed the dismissal of his civil rights complaint arising from his 1980 arrest on 30 felony charges. The court affirmed dismissal against the prosecutor and FDLE analyst but reversed dismissal against the deputy sheriffs and sheriff, finding viable § 1983 claims
• Kearson v. S. Bell Tel. & Tel. Co.
  763 F.2d 405· 11th Cir.· 1985-06-12 ·cited 9×
  A privately-owned telephone company's termination of service for nonpayment does not constitute state action under 42 U.S.C. § 1983, and conclusory allegations of conspiracy under 42 U.S.C. § 1985 are insufficient for a claim.
• Weinrauch v. Park City
  751 F.2d 357· 10th Cir.· 1984-12-28 ·cited 9×
  A municipality need not provide a hearing before conditioning the return of an impounded vehicle on payment of towing fees and bail, and a private tow truck operator is not acting under color of law when pursuing a vehicle independently after hearing a stolen car report.
• Charles J. Arndt, Inc. v. City OF Birmingham
  748 F.2d 1486· 11th Cir.· 1984-12-17 ·cited 9×·via Violation Of 42 U.S.C. § 1983
  The court held that the city's declaration of blight and subsequent actions, including the negotiation of an option to terminate a leasehold interest, did not constitute a taking of property without due process of law under the Fifth and Fourteenth Amendments.
• Hambley v. State
  459 So. 2d 408· Fla. 1st DCA· 1984-11-14 ·cited 9×
  The appellate court affirmed in part and reversed in part the trial court's dismissal of a complaint alleging malicious prosecution, illegal certificate suspension, and other claims against state agencies and an individual official.
• Gilmere v. City OF Atlanta
  737 F.2d 894· 11th Cir.· 1984-07-09 ·cited 9×
  The court held that the City of Atlanta could not be held liable under 42 U.S.C. § 1983 for the actions of its police officers absent an official policy or custom, and that the officers' conduct, being random and unauthorized, was remedied by Georgia's post-deprivation tort law,
• Bluefield Cmty. Hosp., Inc. v. John A. Anziulewicz, M.D.
  737 F.2d 405· 4th Cir.· 1984-06-18 ·cited 9×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court did not err in refusing to enjoin the state court action under the Anti-Injunction Statute because the claims in the state action were not sufficiently identical to those litigated in federal court to warrant enjoining relitigation.
• Shinholster v. Graham
  527 F. Supp. 1318· N.D. Fla.· 1981-11-30 ·cited 9×
  The court held that plaintiffs were not required to exhaust administrative remedies under the Florida Administrative Procedure Act or the Abuse Reporting System before filing a Section 1983 civil rights claim, as these systems are inadequate to address constitutional claims.
• Dowdell v. City of Apopka
  511 F. Supp. 1375· M.D. Fla.· 1981-04-22 ·cited 9×·via Violation Of 42 U.S.C. § 1983
  The court held that the City of Apopka violated the Fourteenth Amendment by providing inferior street paving, storm water drainage, and water distribution services to its black residents, based on findings of substantial disparity and discriminatory intent.
• Watson v. Comm'rs Court OF Harrison Cnty.
  616 F.2d 105· 5th Cir.· 1980-04-11 ·cited 9×
  The court held that the trial court erred in delaying reapportionment until after the 1980 census, as it would perpetuate unconstitutional voting dilution.
• Gasper v. La. Stadium & Exposition Dist.
  577 F.2d 897· 5th Cir.· 1978-08-01 ·cited 9×
  The court held that there is no constitutional right to prevent others from smoking in a public stadium, and thus the complaint failed to state a claim upon which relief could be granted.
• Houston Welf. Rights Org., Inc. v. Vowell
  555 F.2d 1219· 5th Cir.· 1977-07-13 ·cited 9×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that Texas' policy of prorating shelter and utility expenses when a non-AFDC recipient shares a residence violates federal regulations, and this violation tainted the averaging process for its flat-grant system, requiring recalculation of the standard of need.
• Ulysee Franklin v. Fortner
  541 F.2d 494· 5th Cir.· 1976-10-29 ·cited 9×
  A prisoner's transfer between state prisons, absent a state-law right to remain in a specific facility, does not implicate a liberty interest protected by the Due Process Clause. However, claims regarding the conditions of confinement under the Eighth Amendment may survive summar
• Bryan v. Jones
  519 F.2d 44· 5th Cir.· 1975-09-15 ·cited 9×·via 42 U.S.C. § 1983 Action
• Powell v. Laurent V. Radkins, Jr.
  506 F.2d 763· 5th Cir.· 1975-01-20 ·cited 9×
  The court held that the jury's finding that the plaintiff knew or should have known of her sterilization in 1967 was dispositive, as it fell outside the statute of limitations for her claims.
• Moore v. Kusper
  465 F.2d 256· 7th Cir.· 1972-07-18 ·cited 9×·via Violation Of 42 U.S.C. § 1983
  The court held that abstention was appropriate for certain issues, but not for the alleged failure to comply with statutory notice procedures.
• Thompson v. Florida Bar
  526 F. Supp. 2d 1264· S.D. Fla.· 2007-11-21 ·cited 8×
  The court held that Younger/Middlesex abstention applies to the plaintiff's claims, requiring dismissal of the federal action.