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

• Whittington v. Town of Surfside
  490 F. Supp. 2d 1239· S.D. Fla.· 2007-06-06 ·cited 8×
  The court held that the officers were entitled to qualified immunity for false arrest claims due to arguable probable cause, and that the use of force was de minimis, thus not violating constitutional rights.
• Jordan v. Miami-Dade Cnty.
  439 F. Supp. 2d 1237· S.D. Fla.· 2006-07-13 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the plaintiff failed to exhaust administrative remedies and improperly sued for mental and emotional injuries without alleging physical injury, requiring dismissal of the complaint.
• Nat. Aacp v. Fla. Corr.
  122 F. Supp. 2d 1335· M.D. Fla.· 2000-09-21 ·cited 8×·via Section 1983
  The court affirmed the magistrate judge's order allowing plaintiffs to conduct ex parte interviews of current and former employees of the Department of Corrections, subject to specific guidelines and protective measures.
• Paedae v. Escambia Cnty.
  709 So. 2d 575· Fla. 1st DCA· 1998-03-13 ·cited 8×
  The Paedaes challenged a summary judgment dismissing their federal civil rights and state law claims for damages after Escambia County denied them the right to use their property for mobile homes. The court held that neither a federal substantive due process claim nor a state cau
• Kris Lindquist v. Woronka
  706 So. 2d 358· Fla. 4th DCA· 1998-01-28 ·cited 8×
  Kris Lindquist appeals the dismissal of his § 1983 civil rights action against police officers who arrested him while intoxicated and then released him near a police station, after which he was struck by a vehicle causing severe permanent injuries. The court affirmed dismissal, h
• Omasta v. William "Bill" Bedingfield
  689 So. 2d 409· Fla. 5th DCA· 1997-03-07 ·cited 8×
  An inmate filed civil rights claims against prison officials alleging age discrimination, retaliation for jailhouse lawyer activities, and inadequate medical accommodations. The trial court dismissed the complaints with prejudice based on qualified immunity, but the appellate cou
• LEE Cnty. v. Sylvan Zemel
  675 So. 2d 1378· Fla. 2d DCA· 1996-04-10 ·cited 8×
  Lee County appealed a trial court judgment that invalidated land use plan amendments on constitutional grounds, finding them arbitrary and capricious as applied to the Zemels' property. The court reversed, holding that constitutional challenges to agency action must be pursued th
• McGORY v. Metcalf
  665 So. 2d 254· Fla. 2d DCA· 1995-11-03 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  Officer Timothy McGory shot and killed Karl Metcalf during a nighttime encounter in an alley after being informed of an armed assault. The court reversed the denial of McGory's summary judgment motion on qualified immunity grounds, holding that under the undisputed facts, any rea
• Aspen-Tarpon Springs Ltd. P'ship v. Stuart
  635 So. 2d 61· Fla. 1st DCA· 1994-01-18 ·cited 8×
  Mobile home park owners challenged the constitutionality of two provisions of Florida's Mobile Home Act. The trial court upheld section 723.033 (rent control) as constitutional but struck down section 723.061(2) (relocation/buyout requirements) as an unconstitutional taking of pr
• Schebel v. Charlotte Cnty.
  833 F. Supp. 889· M.D. Fla.· 1993-10-05 ·cited 8×·via 42 U.S.C. § 1983 Liability
  The court granted the defendant's motion to strike the plaintiff's second amended complaint and ordered the plaintiff to file a new pleading due to lack of cohesiveness and clarity, and failure to obtain leave of court.
• Reed v. Trooper Gardner
  986 F.2d 1122· 7th Cir.· 1993-02-23 ·cited 8×·via 42 U.S.C. § 1983 Liability
  Police officers may be liable under section 1983 if their affirmative actions create a dangerous situation or render citizens more vulnerable to danger than they otherwise would have been. However, a fetus cannot bring a claim under section 1983, and an appeal filed with "et al."
• Fla. Dep't OF Corr. v. McCARTY
  610 So. 2d 693· Fla. 2d DCA· 1992-12-18 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that venue for civil actions against the state or its agencies properly lies in the county of the agency's principal headquarters, absent waiver or exception.
• Witmer v. Univ. OF Fla. Police Dep't
  610 So. 2d 87· Fla. 1st DCA· 1992-12-14 ·cited 8×
  Witmer appealed the trial court's dismissal of his civil rights complaint against University of Florida police officers. The court affirmed dismissal of section 1983 claims against the state and officers in their official capacities, but reversed dismissal of claims against offic
• King v. Chide
  974 F.2d 653· 5th Cir.· 1992-10-13 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that the officers were entitled to qualified immunity because the plaintiff failed to establish a severe injury or that the officers' conduct was grossly disproportionate to the need for action.
• Barrow v. Falck
  977 F.2d 1100· 7th Cir.· 1992-10-13 ·cited 8×
  A voluntarily dismissed appeal, even if based on a misunderstanding, cannot be reinstated after the time for filing an appeal has expired. The hourly rate for attorney fees must reflect the attorney's actual market rate, not a hypothetical higher rate.
• McGUCKIN v. Dr. Smith
  974 F.2d 1050· 9th Cir.· 1992-08-24 ·cited 8×·via 42 U.S.C. § 1983 Claim For Deliberate Indifference To Serious Medical Needs
  The court holds that jurisdiction is proper and summary judgment for two doctors was appropriate, but the dismissal of claims against other parties should have allowed an opportunity to amend.
• Coyne v. City OF Somerville
  972 F.2d 440· 1st Cir.· 1992-08-17 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff failed to state a claim for violations of due process, equal protection, or freedom of speech under federal law, and affirmed the dismissal of state law claims.
• Notari v. Denver Water Dep't
  971 F.2d 585· 10th Cir.· 1992-07-29 ·cited 8×
  The court held that a plaintiff's § 1983 claim is independent of Title VII if it relies on rights outside Title VII, and that a reverse discrimination plaintiff can establish a prima facie case with direct or strong indirect evidence of discrimination, not solely through the McDo
• Eugenio L. Rodriguez v. Holmes
  963 F.2d 799· 5th Cir.· 1992-06-24 ·cited 8×·via Section 1983
  The court held that the statute of limitations for the pro se litigant's civil rights action was tolled during the pendency of his state court proceedings, and therefore the action was timely filed.
• Chandler v. The City OF Dallas
  958 F.2d 85· 5th Cir.· 1992-04-09 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court's findings of fact and conclusions of law were insufficiently detailed to satisfy Federal Rule of Civil Procedure 52(a), preventing meaningful appellate review.
• Lynn C. Lowe, M.D. v. H. Denman Scott, M.D.
  959 F.2d 323· 1st Cir.· 1992-03-18 ·cited 8×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  The court held that the evidence was insufficient to establish a constitutionally protected property interest in the hospital privilege to supervise nurse midwives, affirming the directed verdict but on different grounds.
• Orlean Hopkins v. Andaya
  958 F.2d 881· 9th Cir.· 1992-03-05 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that summary judgment was inappropriate because genuine issues of material fact existed regarding the reasonableness of the officer's use of deadly force, and the dismissal of the state wrongful death claim was also improper.
• Buckey v. Cnty. OF LOS Angeles
  968 F.2d 791· 9th Cir.· 1992-02-19 ·cited 8×·via 42 U.S.C. § 1983 Violations
  The court held that the plaintiff should be allowed to amend her complaint to potentially state a claim for conspiracy under color of state law to deny due process and equal protection.
• Cusson-Cobb v. O'Lessker
  953 F.2d 1079· 7th Cir.· 1992-01-15 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that a plaintiff alleging political discrimination in public employment must present specific facts showing the decision-maker knew of their political affiliation, and conclusory allegations are insufficient to survive summary judgment.
• Russo v. City OF Cincinnati
  953 F.2d 1036· 6th Cir.· 1992-01-15 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  The City may be held liable for failure to adequately train its police officers in the use of deadly force against mentally disturbed individuals if the failure amounts to deliberate indifference.
• Bolden v. Se. Pa. Transp. Auth.
  953 F.2d 807· 3d Cir.· 1991-12-31 ·cited 8×
  The dissenting judge believes the Eleventh Amendment bars the action against SEPTA.
• Navarro-Ayala v. Hernandez-Colon
  951 F.2d 1325· 1st Cir.· 1991-12-18 ·cited 8×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The district court properly interpreted the consent decree to include collateral mental health facilities involved in the decentralization of services from Rio Piedras.
• Bettie Farr v. Gruber
  950 F.2d 399· 7th Cir.· 1991-12-04 ·cited 8×
  Elected officials are privileged to remove employees based on political considerations, and a reassessment of property does not constitute a penalty absent unfavorable treatment compared to legal entitlements or similar properties.
• Smith v. Shettle
  946 F.2d 1250· 7th Cir.· 1991-10-24 ·cited 8×
  The court held that Indiana Code § 11-10-1-7(a) does not create a protected liberty interest because it lacks the 'explicitly mandatory language' required by Supreme Court precedent.
• Jermosen v. Smith
  945 F.2d 547· 2d Cir.· 1991-10-01 ·cited 8×·via 42 U.S.C. § 1983 Claim For Deprivation Of Due Process
  The court held that prison officials were not entitled to qualified immunity because the prisoner's right to Wolff v. McDonnell procedural protections for a seven-day keeplock was clearly established at the time of the hearing.
• Elks Nat'l Found. v. Weber
  942 F.2d 1480· 9th Cir.· 1991-08-29 ·cited 8×·via 42 U.S.C. § 1983 Action
  Federal district courts lack subject matter jurisdiction over challenges to state court decisions, even if constitutional claims are alleged, and such claims are barred by res judicata if the issues were considered and decided by the state courts.
• Soc'y OF Separationists, Inc. v. Herman
  939 F.2d 1207· 5th Cir.· 1991-08-28 ·cited 8×
  The court held that a generic objection to making any formal declaration of truthfulness, without specifying the objectionable element, does not constitutionally excuse a witness from taking an oath or affirmation.
• Woods v. City OF Mich. City
  940 F.2d 275· 7th Cir.· 1991-08-15 ·cited 8×·via 42 U.S.C. § 1983 Liability
  A state statute creating a right to release does not, by itself, create a federal constitutional right to a pre-deprivation hearing when that right is allegedly violated.
• Malvin W. Brubaker v. City OF Richmond
  943 F.2d 1363· 4th Cir.· 1991-08-08 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the district court's imposition of Rule 11 sanctions, finding that the plaintiffs' claims were not well-grounded in fact or warranted by existing law after reasonable inquiry.
• Lorna Cassady v. Thurman Tackett
  938 F.2d 693· 6th Cir.· 1991-07-24 ·cited 8×·via 42 U.S.C. § 1983 Liability
  The court held that the defendant's actions, while potentially constituting a state law tort, did not rise to the level of a Fourth Amendment seizure because there was no law enforcement interest involved.
• Leffler v. Meer
  936 F.2d 981· 7th Cir.· 1991-07-12 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court did not abuse its discretion in reducing the plaintiffs' attorney's fees and denying Rule 11 sanctions, but vacated and remanded the award of attorney's fees to the Commissioners.
• Eugene Glick, M.D. v. McKay
  937 F.2d 434· 9th Cir.· 1991-06-21 ·cited 8×
  The Court held that Nevada's judicial bypass procedure for parental notification of abortion for minors is unconstitutional because it fails to meet the expediency requirement for a notice statute bypass.
• Gilmere v. City OF Atlanta
  931 F.2d 811· 11th Cir.· 1991-05-17 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the district court abused its discretion by failing to provide adequate reasoning for its attorney's fee and cost awards, necessitating a remand for further explanation.
• Matlock v. Barnes
  932 F.2d 658· 7th Cir.· 1991-05-15 ·cited 8×
  The court held that the jury's finding that the legal investigator position was not policymaking or confidential was supported by the evidence, and the emotional distress award was not excessive. The court also vacated judgments against individual officials as moot.
• Earsel L. Johnson v. HAY
  931 F.2d 456· 8th Cir.· 1991-04-15 ·cited 8×
  The court held that the pharmacist was not entitled to summary judgment based on qualified immunity because a genuine issue of material fact existed as to whether his refusal to fill prescriptions violated clearly established law.
• Dixon v. Anderson
  928 F.2d 212· 6th Cir.· 1991-03-21 ·cited 8×
  The court held that the plaintiffs' claim of a continuing violation should have been evaluated by the lower court, and the case was not ripe for summary judgment.
• Farias v. Bexar Cnty. Bd. OF Trs. FOR Mental Health Mental Retardation Servs.
  925 F.2d 866· 5th Cir.· 1991-03-11 ·cited 8×
  The court held that the district court's denial of a jury trial motion was not reviewable because the order was too opaque and failed to demonstrate the exercise of discretion under Rule 39(b).
• Marisa A. Soderstrum v. Town OF Grand Isle
  925 F.2d 135· 5th Cir.· 1991-03-06 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff received due process and that her First Amendment rights were not violated because her position as secretary to the police chief was confidential and required political loyalty.
• van Strum v. Lawn
  929 F.2d 1384· 9th Cir.· 1991-03-05 ·cited 8×
  The court held that the personal injury statute of limitations applies to Bivens claims, but Wilson v. Garcia should not be applied retroactively to bar claims that were timely under prior law.
• RUM Creek Coal Sales v. Honorable W. Gaston Caperton
  926 F.2d 353· 4th Cir.· 1991-02-25 ·cited 8×
  The court held that the district court erred in denying a preliminary injunction based on its misapprehension of the law regarding the Trespass Statute's proviso, and reversed the denial.
• Garner Gregory v. The City OF Rogers
  921 F.2d 750· 8th Cir.· 1990-12-12 ·cited 8×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that the state's affirmative act of removing the designated driver created a dangerous situation, potentially implicating a due process violation if the officers' conduct was reckless.
• Fialkowski v. Greenwich Home FOR Child., Inc.
  921 F.2d 459· 3d Cir.· 1990-12-06 ·cited 8×
  Summary judgment for the defendant was proper because the undisputed facts did not support a claim under the Due Process Clause or state tort law, as the defendant's duty of care was attenuated and did not rise to the level of gross negligence or deliberate indifference.
• Bennie Brewer v. Parkman
  918 F.2d 1336· 8th Cir.· 1990-11-15 ·cited 8×
  A public employee with a property interest in employment is entitled to a pre-termination hearing, and back pay can be awarded as equitable relief to vindicate this right without a finding that the employee would not have been terminated had a hearing been held.
• Diamontiney v. Borg
  918 F.2d 793· 9th Cir.· 1990-11-06 ·cited 8×·via 42 U.S.C. § 1983 Claim For Denial Of Access To Courts
  The court held that the district court did not err in granting the preliminary injunction or in denying the motion for contempt, as reasonable steps were taken to ensure the inmate's access to the courts.
• Toombs v. Bell
  915 F.2d 345· 8th Cir.· 1990-09-24 ·cited 8×
  The court held that the district court erred in granting judgment notwithstanding the verdict for the negligence claim against Dixon, but did not err in directing verdicts for other defendants on the § 1983 claim or in refusing to instruct on the contract claim.