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

• Ashton Jones v. Bd. OF Regents OF the Univ. & State Colleges OF Ariz.
  397 F.2d 259· 9th Cir.· 1968-06-13 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court did not abuse its discretion in denying the appellant's prayer for a preliminary injunction.
• Brown v. Town OF Caliente
  392 F.2d 546· 9th Cir.· 1968-04-01 ·cited 8×
  Political subdivisions of a state are not 'persons' amenable to suit under 42 U.S.C. § 1983, and a state's waiver of sovereign immunity does not alter this interpretation.
• Bradford v. Sch. Dist. NO. 20
  364 F.2d 185· 4th Cir.· 1966-06-06 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to state a claim for equitable relief, as he did not demonstrate genuine issues of fact regarding his due process or equal protection claims and did not pursue available state remedies.
• Williams v. HOT Shoppes, Inc.
  293 F.2d 835· D.C. Cir.· 1961-04-20 ·cited 8×
• Germaine Smart v. Coii Ronald England
  93 F.4th 1283· 11th Cir.· 2024-02-16 ·cited 7×
  Germaine Smart, an incarcerated person, sued prison officials England, Malone, and Baker for retaliating against him in violation of the First Amendment after he filed a grievance alleging that Sergeant England sexually assaulted him during a pat-down search. The Eleventh Circuit
• Bailey v. Swindell
  89 F.4th 1324· 11th Cir.· 2024-01-08 ·cited 7×·via Section 1983
  The Eleventh Circuit held that the district court erred in granting judgment as a matter of law for the defendant officer on qualified immunity grounds, reversing the decision and reinstating the jury's verdict.
• Sosa v. Martin Cnty.
  57 F.4th 1297· 11th Cir.· 2023-01-20 ·cited 7×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  David Sosa, an innocent man arrested twice on the same warrant intended for another David Sosa, sued under 42 U.S.C. § 1983 after being detained for three days in the second arrest based on mistaken identity. The Eleventh Circuit held that under the Supreme Court's precedent in B
• Davis v. BAY Cnty. Jail
  155 So. 3d 1173· Fla. 1st DCA· 2014-10-13 ·cited 7×
  A prisoner sued jail officials for inadequate medical care in violation of the Eighth Amendment under 42 U.S.C. § 1983. The trial court dismissed the complaint, but the appellate court reversed in part, holding that the prisoner sufficiently alleged facts of deliberate indifferen
• Miami-Dade Cnty. v. Denis Cardoso
  963 So. 2d 825· Fla. 3d DCA· 2007-08-08 ·cited 7×·via 42 U.S.C. § 1983 Liability
  Miami-Dade County appeals a jury verdict awarding Denis Cardoso $73,000 in damages for eight false arrest and/or imprisonment claims. The court affirms awards for past economic and non-economic damages but reverses the $10,000 award for future economic damages, finding insufficie
• Hollywood Cmty. Synagogue, Inc. v. City of Hollywood
  430 F. Supp. 2d 1296· S.D. Fla.· 2006-05-10 ·cited 7×
  The court granted in part and denied in part the defendant's motions to dismiss, allowing certain claims to proceed while dismissing others.
• Sherrod v. Palm Beach Cnty. Sch. Dist.
  424 F. Supp. 2d 1341· S.D. Fla.· 2006-03-26 ·cited 7×·via 42 U.S.C. § 1983 Liability
  The court held that the school district is not liable under § 1983 because the plaintiff failed to establish that the final policymakers (the school board) endorsed or were legally responsible for the superintendent's alleged retaliatory actions.
• Carestio v. The Sch. Bd. OF Broward Cnty.
  866 So. 2d 754· Fla. 4th DCA· 2004-02-18 ·cited 7×·via Violation Of 42 U.S.C. § 1983
  The Carestios sued the Broward County School Board for battery arising from an alleged assault on their minor son by three school security officers. The trial court granted summary judgment for the School Board based on sovereign immunity, but the appellate court reversed, holdin
• Surface v. Town OF BAY Harbor Islands
  625 So. 2d 109· Fla. 3d DCA· 1993-10-12 ·cited 7×
  The court held that a Pure Bill of Discovery can be amended to include a statutory cause of action, and leave to amend should be freely given.
• Gersten v. Rundle
  833 F. Supp. 906· S.D. Fla.· 1993-09-14 ·cited 7×
  The court held that the plaintiff failed to state a claim for injunctive relief because the alleged bad faith actions did not rise to the level of an imminent prosecution or infringement of constitutional rights, and federal courts should not interfere with state contempt proceed
• Aphrodite E. Karatinos and Nicholas E. Karatinos v. Town OF Juno Beach
  621 So. 2d 469· Fla. 4th DCA· 1993-04-14 ·cited 7×
  The Karatinos, who owned oceanfront property, sued the Town of Juno Beach for damages, alleging the town wrongfully prevented them from building on their property from 1982 to 1985. The court affirmed judgment for the town, finding that even if the town acted improperly, the Flor
• Salas v. Carpenter
  980 F.2d 299· 5th Cir.· 1992-12-16 ·cited 7×
  The court held that the sheriff was entitled to qualified immunity because the plaintiffs failed to state a claim for a violation of clearly established constitutional law, and the sheriff's actions did not constitute an abuse of governmental power or a violation of due process.
• Scott v. O'Grady
  975 F.2d 366· 7th Cir.· 1992-09-16 ·cited 7×·via Section 1983
  The court held that sheriffs and deputy sheriffs in Illinois act as state officials when enforcing court orders, thus their actions in such capacity are barred by the Eleventh Amendment. The suit against them in their official capacities was dismissed.
• Pritchett v. R.N. Alford
  973 F.2d 307· 4th Cir.· 1992-08-19 ·cited 7×·via 42 U.S.C. § 1983 Claim For Violation Of Fourth Amendment Rights
  The court affirmed the denial of qualified immunity for officers regarding Robert Pritchett's arrest and the Garage's removal from the wrecker list, finding clearly established rights were violated.
• Covino v. Patrissi
  967 F.2d 73· 2d Cir.· 1992-06-17 ·cited 7×
  The court held that the random visual body-cavity search policy at NWSCF was reasonably related to legitimate penological interests and thus not an unreasonable regulation under the Fourth Amendment.
• Francine Sutton v. Cleveland Bd. of Educ.
  958 F.2d 1339· 6th Cir.· 1992-03-19 ·cited 7×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  The court held that the grievance procedure, even with an intermediate divided board, still constitutes a process leading to final and binding arbitration under Ohio law.
• Auriemma v. Rice
  957 F.2d 397· 7th Cir.· 1992-02-28 ·cited 7×
  A municipal official's final decision does not establish municipal policy if it violates existing local law or custom.
• Patrick v. Miller
  953 F.2d 1240· 10th Cir.· 1992-01-27 ·cited 7×
  The court held that the defendants were not entitled to qualified immunity on the plaintiff's First and Fourteenth Amendment claims under 42 U.S.C. § 1983, but affirmed the grant of qualified immunity on the § 1981 claim due to the law not being clearly established at the time of
• Luna v. City & Cnty. OF Denver
  948 F.2d 1144· 10th Cir.· 1991-11-01 ·cited 7×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the trial court's finding of intentional discrimination based on national origin was not clearly erroneous, affirming the judgment for the plaintiff.
• Corn v. City of Lauderdale Lakes
  771 F. Supp. 1557· S.D. Fla.· 1991-08-30 ·cited 7×
  The court held that the city acted arbitrarily and capriciously in denying the plaintiff's development plan, constituting a violation of substantive due process, and that the plaintiff had a constitutionally protected property interest.
• Kamenesh v. City of Miami
  772 F. Supp. 583· S.D. Fla.· 1991-07-15 ·cited 7×
  The court held that genuine issues of material fact precluded summary judgment on claims of due process violations, denial of promotion, and violations of the Police Officer's Bill of Rights, but granted summary judgment on the fraud claim.
• Kopec v. Coughlin
  922 F.2d 152· 2d Cir.· 1991-01-02 ·cited 7×
  The court held that a district court errs by considering evidence outside the pleadings on a motion to dismiss without notifying the non-moving party and affording them an opportunity to respond, thereby improperly converting the motion to one for summary judgment.
• Post v. City of Fort Lauderdale
  750 F. Supp. 1131· S.D. Fla.· 1990-11-15 ·cited 7×
  Municipal departments are not proper parties to a lawsuit; only the municipality itself can be sued.
• Lucero v. Hart
  915 F.2d 1367· 9th Cir.· 1990-10-03 ·cited 7×
  The court held that the county officials were entitled to qualified immunity on the § 1983 claim because no clearly established law protected the plaintiff's property interest in her job. The court also affirmed the grant of summary judgment on the Rehabilitation Act claim, findi
• Domiano v. The Vill. OF River Grove
  904 F.2d 1142· 7th Cir.· 1990-06-08 ·cited 7×
  The court held that while the plaintiff's insubordination in refusing to follow a village ordinance justified his dismissal under the First Amendment, the brief phone call he received did not satisfy due process requirements for termination of his employment, as he had a property
• Young v. NEW York City Transit Auth.
  903 F.2d 146· 2d Cir.· 1990-05-10 ·cited 7×
  The court held that begging, like charitable solicitation, is protected speech under the First Amendment and that a complete ban on begging in public forums is not narrowly tailored to serve significant government interests.
• Boczar v. Manatee Hosps. & Health Sys., Inc.
  731 F. Supp. 1042· M.D. Fla.· 1990-02-21 ·cited 7×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiffs failed to state claims under 42 U.S.C. § 1983, the Sherman Antitrust Act, RICO, and Title VII, and dismissed pendant state law claims for lack of jurisdiction.
• Desio Rabal Pinto v. Universidad de Puerto RICO
  895 F.2d 18· 1st Cir.· 1990-01-29 ·cited 7×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the University is an arm of the state protected by the Eleventh Amendment and that the plaintiff's late-filed arguments for reconsideration were properly denied.
• Merritt v. Broglin
  891 F.2d 169· 7th Cir.· 1989-12-08 ·cited 7×
  The court held that Indiana administrative code and prison directives did not create a liberty interest for prisoners to attend a step-father's funeral, thus the denial did not violate due process.
• McCORKLE v. W.E. Johnson
  881 F.2d 993· 11th Cir.· 1989-08-24 ·cited 7×
  A prison policy restricting access to religious materials is valid if reasonably related to legitimate penological interests, even if it impinges on an inmate's First Amendment rights.
• Ways v. City OF Lincoln
  871 F.2d 750· 8th Cir.· 1989-04-03 ·cited 7×
  The court held that the evidence was sufficient to establish a racially hostile work environment under Title VII, that the jury verdict was not inconsistent, and that the parties' failure to object to jury instructions regarding the LPD's liability was their own fault, but that t
• Rickman v. Warden Avaniti
  854 F.2d 327· 9th Cir.· 1988-08-09 ·cited 7×·via 42 U.S.C. § 1983 Action
  The court held that a prison policy requiring visual strip searches for inmates in administrative segregation does not violate the Fourth Amendment or due process rights.
• McQUEEN v. J.A. Tabah
  839 F.2d 1525· 11th Cir.· 1988-03-18 ·cited 7×·via Section 1983
  The court held that the Florida prison regulations created a liberty interest in remaining in the general population, and the record did not conclusively show that the defendants were entitled to summary judgment based on lack of causation or qualified immunity.
• Mills v. Crim. Dist. Court # 3
  837 F.2d 677· 5th Cir.· 1988-02-02 ·cited 7×
  The court held that while the dismissal of the section 1983 claim against the judge and prosecutor was proper due to immunity, the dismissal against the court-appointed attorney should be without prejudice to allow for potential amendment. Claims undermining a conviction must fir
• Lloyd v. Ellis
  520 So. 2d 59· Fla. 1st DCA· 1988-01-27 ·cited 7×·via 42 U.S.C. § 1983 Action
  Barbara Lloyd appealed the dismissal of her civil rights action against Nassau County Sheriff Lawrence Ellis and County Investigator Sam Hayward for false arrest and cruel and unusual punishment. The court affirmed dismissal of claims against them in their official capacities but
• Simmie Whitt v. Smith
  832 F.2d 451· 7th Cir.· 1987-11-02 ·cited 7×
  The denial of summary judgment on qualified immunity grounds is immediately appealable and requires the district court to specifically consider the factual circumstances relevant to the immunity claim.
• Brooks v. Lt. Andolina
  826 F.2d 1266· 3d Cir.· 1987-08-17 ·cited 7×
  The court held that prison officials violated an inmate's First Amendment and due process rights by disciplining him for a letter and denying him witnesses, and that the inmate was entitled to compensatory damages for actual injuries suffered from punitive segregation.
• Greenberg v. Kmetko
  811 F.2d 1057· 7th Cir.· 1987-02-03 ·cited 7×·via 42 U.S.C. § 1983 Action
  The court held that the employee's speech, concerning internal agency disputes and personnel decisions, did not address a matter of public concern and therefore was not protected by the First Amendment.
• Elbert Welch v. Smith
  810 F.2d 40· 2d Cir.· 1987-01-27 ·cited 7×·via 42 U.S.C. § 1983 Litigation
  An order denying a plaintiff the appointment of counsel to represent him in pursuing the merits of a suit under 42 U.S.C. § 1983 may not be challenged separately by a direct appeal.
• McWILLIAMS v. McWILLIAMS
  804 F.2d 1400· 5th Cir.· 1986-12-03 ·cited 7×
  A federal court must give a state court judgment the same preclusive effect as a court of that state would, barring a § 1983 claim based on issues that were or could have been litigated in the state proceeding.
• Nelson v. Elliott
  802 F.2d 405· 11th Cir.· 1986-10-17 ·cited 7×
  The court affirmed the district court's judgment on state law claims, including damages and injunctive relief, but vacated and remanded the award of attorney's fees for reconsideration.
• Thomason v. McDANIEL
  793 F.2d 1247· 11th Cir.· 1986-07-18 ·cited 7×
  A part-time, at-will public employee has no property interest in their job and thus no due process right to a termination hearing, nor is there a liberty interest deprivation without public disclosure of false, stigmatizing reasons for discharge.
• Waldron v. Collins
  788 F.2d 736· 11th Cir.· 1986-05-06 ·cited 7×
  The absence of a provision for class actions does not render Georgia's procedures for litigating state income tax questions inadequate under the Tax Injunction Act.
• Tomai-Minogue v. State Farm Mut. Auto. Ins. Co.
  770 F.2d 1228· 4th Cir.· 1985-08-19 ·cited 7×
  The dissenting judge holds that the licensee was entitled to a pre-deprivation hearing on the validity of the Maryland judgment and that the Virginia statute did not provide an adequate post-deprivation hearing. The judge also believes the malicious prosecution claim should have
• Jackson v. Franklin Cnty. Sch. Bd.
  765 F.2d 535· 5th Cir.· 1985-07-18 ·cited 7×·via Violation Of 42 U.S.C. § 1983
  The court held that a handicapped student's placement may be changed pending administrative and judicial appeals if the student poses a threat to himself or others and disrupts the educational environment.
• Thomas v. Booker
  762 F.2d 654· 8th Cir.· 1985-05-16 ·cited 7×·via 42 U.S.C. § 1983 Liability
  The court held that the jury's final verdict should be given deference, and the magistrate's failure to clarify the jury's initial incomplete verdict did not constitute plain error.