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

• Burch v. Apalachee Cmty. Mental Health Servs., Inc.
  840 F.2d 797· 11th Cir.· 1988-03-18 ·cited 63×
  The concurring judge agrees with the dissent's reasoning, implying disagreement with the majority's disposition.
• Kasper v. Bd. OF Election Comm'rs OF THE City OF Chicago
  814 F.2d 332· 7th Cir.· 1987-01-27 ·cited 63×
  The court held that the district court did not abuse its discretion in refusing to approve the proposed consent decree, as it was improvident due to timing, potential harm to third parties, and federalism concerns.
• Anderson v. City OF Atlanta
  778 F.2d 678· 11th Cir.· 1985-12-16 ·cited 63×·via 42 U.S.C. § 1983 Liability
  The court held that the trial court erred in granting judgment notwithstanding the verdict because there was sufficient evidence for the jury to find that the City of Atlanta and Director Hudson were liable under 42 U.S.C. § 1983 due to a policy or custom of understaffing that le
• Wellman v. Faulkner
  715 F.2d 269· 7th Cir.· 1983-08-09 ·cited 63×
  The court held that the medical care at Michigan City prison was constitutionally inadequate due to deliberate indifference to serious medical needs, reversing and remanding for further relief. It affirmed the district court's findings on the totality of conditions and specific v
• Vail v. Bd. OF Educ. OF Paris Union Sch. Dist. NO. 95
  706 F.2d 1435· 7th Cir.· 1983-04-19 ·cited 63×·via 42 U.S.C. § 1983 Action
  A public employee with a term employment contract has a property interest in continued employment, requiring a meaningful opportunity to be heard before termination.
• Tanner v. McCALL
  625 F.2d 1183· 5th Cir.· 1980-09-17 ·cited 63×
  The court held that the plaintiffs failed to present sufficient evidence that political patronage was a substantial motivating factor in the sheriff's employment decisions, and reversed judgments against the sheriff.
• Kingsville Indep. Sch. Dist. v. Cooper
  611 F.2d 1109· 5th Cir.· 1980-02-15 ·cited 63×·via 42 U.S.C. § 1983 Action
  The court held that an independent school district is amenable to suit under 42 U.S.C. § 1983, and that a teacher's classroom expression, even if controversial, is protected speech unless it overbalances her usefulness as an instructor.
• Samuel v. Univ. OF Pittsburgh
  538 F.2d 991· 3d Cir.· 1976-06-29 ·cited 63×·via 42 U.S.C. § 1983 Claim For Violation Of Fourteenth Amendment Rights
  The court held that the district court abused its discretion in decertifying the class for restitution and in denying restitution to the named appellants, reversing those decisions.
• Penn v. SAN Juan Hosp., Inc.
  528 F.2d 1181· 10th Cir.· 1975-12-31 ·cited 63×·via Violation Of 42 U.S.C. § 1983
  The court held that the trial court erred in dismissing the permanent injunction claim without proper notice and consolidation, and in denying class action status based on unpersuasive reasoning.
• Duke v. N. Tex. State Univ.
  469 F.2d 829· 5th Cir.· 1972-11-10 ·cited 63×·via Violation Of 42 U.S.C. § 1983
  The dissenting opinion argues that the President's Cabinet lacked the "apparent impartiality" required for an administrative hearing tribunal because it was too closely connected to the controversy. The dissent asserts that the majority opinion incorrectly assumes impartiality an
• Lester v. City OF Chicago
  830 F.2d 706· 7th Cir.· 1987-09-17 ·cited 62×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that excessive force claims are governed by the Fourth Amendment's objective reasonableness standard, not the Fourteenth Amendment's 'shocks the conscience' test. The court also held that sufficient evidence supported the jury's finding of probable cause for arrest
• Gibson v. United States
  781 F.2d 1334· 9th Cir.· 1986-01-30 ·cited 62×·via Violation Of 42 U.S.C. § 1983
  The court held that the statute of limitations for § 1983 claims should not be retroactively applied if it shortens the period, and that federal law, not state law, governs the accrual of civil conspiracy claims. The court also held that Bivens claims can be based on the First Am
• Strauss v. City OF Chicago
  760 F.2d 765· 7th Cir.· 1985-04-17 ·cited 62×·via 42 U.S.C. § 1983 Claim Against Municipality
  A plaintiff must plead specific facts tending to support the existence of a municipal policy that caused the injury, and bare allegations of policy are insufficient to state a claim under 42 U.S.C. § 1983.
• Davidson v. O'Lone
  752 F.2d 817· 3d Cir.· 1984-12-27 ·cited 62×
  The New Jersey Tort Claims Act, which grants broad immunity to state agents, cannot shield them from liability under 42 U.S.C. § 1983 for violating the Fourteenth Amendment right to personal security. Involuntarily committed individuals retain a federally protected liberty intere
• Losch v. Borough OF Parkesburg
  736 F.2d 903· 3d Cir.· 1984-06-14 ·cited 62×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that a jury must decide whether police officers had probable cause to file criminal charges, and thus summary judgment for the officers on the plaintiff's § 1983 claim was inappropriate, but affirmed summary judgment for the municipality.
• Genus D. Ulmer v. Chancellor
  691 F.2d 209· 5th Cir.· 1982-11-08 ·cited 62×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the dismissal of the plaintiff's civil rights suit was improper because the record did not show that the plaintiff's request for writs to secure witnesses was evaluated, and the district court should have further considered exceptional circumstances for appoin
• DOE v. Busbee
  684 F.2d 1375· 11th Cir.· 1982-09-07 ·cited 62×
  A party is not considered a "prevailing party" entitled to attorney's fees under 42 U.S.C. § 1988 if their initial favorable judgment is later vacated or reversed on the merits.
• Stotts v. Memphis Fire Dep't
  679 F.2d 541· 6th Cir.· 1982-05-07 ·cited 62×·via Violation Of 42 U.S.C. § 1983
  The court held that a district court should be cautious in modifying a consent decree, especially if it would cause parties to assume obligations for which they have not contracted, and that a consent decree cannot alter the rights of a non-party union concerning layoffs by senio
• McLAUGHLIN v. The City OF LaGRANGE
  662 F.2d 1385· 11th Cir.· 1981-12-07 ·cited 62×·via 42 U.S.C. § 1983 Liability
  The court held that the denial of the appellants' motion for additional time to respond was not an abuse of discretion, and that summary judgment was proper as no genuine issue of material fact existed.
• Tokarcik v. Forest Hills Sch. Dist.
  665 F.2d 443· 3d Cir.· 1981-09-08 ·cited 62×
  The dissenting judge would reverse the district court's judgment and dismiss the complaint, arguing that the action under 20 U.S.C. § 1415(e)(2) is an appeal from an administrative decision and thus barred by the analogous state statute of limitations.
• Brown v. Bathke
  588 F.2d 634· 8th Cir.· 1978-12-13 ·cited 62×·via 42 U.S.C. § 1983 Litigation
  The court held that attorney's fees under 42 U.S.C. § 1988 should be awarded for all time reasonably expended on a matter, not just on the specific issue on which the plaintiff ultimately prevailed. The court also held that the district court did not abuse its discretion in award
• Fine v. The City OF NEW York
  529 F.2d 70· 2d Cir.· 1975-12-31 ·cited 62×·via 42 U.S.C. § 1983 Liability
  The court held that public prosecutors are immune from § 1983 liability for official acts, private attorneys do not act 'under color of law' unless they engage in joint activity with state agents, and municipalities are not 'persons' under § 1983.
• Hawkins v. Town OF Shaw
  461 F.2d 1171· 5th Cir.· 1972-03-27 ·cited 62×·via Violation Of 42 U.S.C. § 1983
  The court clarifies that proof of intent to discriminate is not always necessary to prevail in a case alleging racial discrimination in governmental affairs, and that disparities in municipal services can create a right of action under Section 1983.
• Dailey v. City OF Lawton
  425 F.2d 1037· 10th Cir.· 1970-05-01 ·cited 62×·via 42 U.S.C. § 1983 Liability For Municipalities
  A municipality and its employees can be enjoined from acting in violation of federal constitutional rights, even if the municipality is not considered a 'person' for damages under 42 U.S.C. § 1983.
• Schnell v. City OF Chicago
  407 F.2d 1084· 7th Cir.· 1969-03-17 ·cited 62×
  The district court erred in dismissing the complaint for lack of jurisdiction and failure to state a claim under 42 U.S.C. § 1983.
• Kirchoff v. Flynn
  786 F.2d 320· 7th Cir.· 1986-03-17 ·cited 61×
  The dissenting judge argues that the district court's fee award calculation, based on a contingent fee contract reflecting market value, was reasonable and that the majority failed to provide adequate guidance.
• Inez Martin v. Heckler
  773 F.2d 1145· 11th Cir.· 1985-10-15 ·cited 61×
  The federal government is liable for attorney fees under 28 U.S.C. § 2412(b) when acting under color of federal law, to the same extent as a state would be liable under 42 U.S.C. § 1988 for similar violations.
• Linhart v. Glatfelter
  771 F.2d 1004· 7th Cir.· 1985-08-22 ·cited 61×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's actions did not constitute a deprivation of property or liberty without due process, nor did they involve protected speech under the First Amendment, thus affirming summary judgment.
• Dillon v. Coles
  746 F.2d 998· 3d Cir.· 1984-10-29 ·cited 61×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in placing the burden of persuasion on the defendants regarding the plaintiff's qualifications for hiring, but this error was not reversible. The court also affirmed the deduction of unemployment and public assistance benefits from the
• Prof'l Ass'n OF Coll. Educators v. EL Paso Cnty. Cmty. Coll. Dist.
  730 F.2d 258· 5th Cir.· 1984-04-20 ·cited 61×·via Violation Of 42 U.S.C. § 1983
  The court held that the majority's analysis for denying reinstatement departs from established Supreme Court precedent and circuit law by introducing an unnecessary 'fairness and equity' defense.
• DOE v. NEW York City Dep't OF Soc. Servs.
  709 F.2d 782· 2d Cir.· 1983-06-02 ·cited 61×
  The court held that the prior appellate decision established the law of the case, meaning the evidence was sufficient to go to the jury, and that the trial court erred in granting judgment notwithstanding the verdict.
• van Ooteghem v. Hartsell Gray
  628 F.2d 488· 5th Cir.· 1980-10-22 ·cited 61×·via 42 U.S.C. § 1983 Liability
  The court held that the speech of a public employee was protected under the Pickering balancing test, not the compelling state interest test.
• Walters v. City OF Ocean Springs & Kevin Alves
  626 F.2d 1317· 5th Cir.· 1980-10-03 ·cited 61×·via 42 U.S.C. § 1983 Liability
  The court affirmed summary judgment for the defendants, finding no abuse of discretion in denying the plaintiff's discovery continuance motion and no genuine issue of material fact regarding the officer's qualified immunity or the city's policy for § 1983 claims.
• Palermo v. Warden, Green Haven State Prison
  545 F.2d 286· 2d Cir.· 1976-11-01 ·cited 61×·via 42 U.S.C. § 1983 Action
  The dissenting judge would not grant specific performance of an unauthorized and unfulfillable prosecutorial promise that intruded upon independent agencies' discretion.
• McMILLIAN v. W.E. Johnson
  88 F.3d 1573· 11th Cir.· 1996-07-09 ·cited 60×
  The Eleventh Circuit affirmed the district court's judgment, holding that under Alabama law, sheriffs are not final policymakers for their counties in the area of law enforcement. The court also held that hearsay evidence, which is not shown to be reducible to admissible form at
• Cheryll Gray v. Lacke
  885 F.2d 399· 7th Cir.· 1989-09-22 ·cited 60×
  The court held that res judicata does not bar individual-capacity claims against employees, collateral estoppel does not apply to unaddressed constitutional claims, and Wisconsin's six-year personal rights statute of limitations applies to § 1983 actions.
• Raymon J. Melton v. City OF Okla. City
  879 F.2d 706· 10th Cir.· 1989-06-21 ·cited 60×·via Violation Of 42 U.S.C. § 1983
  The court held that Melton's trial testimony was not a motivating factor for his discharge, and that his disclosure of a recorded conversation did not create a protected liberty interest. However, the court agreed that his disclosure of the tape was a matter of public concern and
• Dykes v. A.J. Hosemann, Jr.
  776 F.2d 942· 11th Cir.· 1985-11-18 ·cited 60×
  The en banc court holds that judicial immunity is complete, unqualified, and without exception, even for judges acting without jurisdiction or conspiring unlawfully.
• Mrs. Susie Lite Morrison v. City OF Baton Rouge
  761 F.2d 242· 5th Cir.· 1985-05-28 ·cited 60×·via 42 U.S.C. § 1983 Liability
  A state prosecutor is absolutely immune from liability under 42 U.S.C. § 1983 for maliciously presenting evidence to a grand jury, even if calculated to clear a suspect.
• Cooper v. Singer
  719 F.2d 1496· 10th Cir.· 1983-10-24 ·cited 60×
  A section 1988 attorney's fee award should not be limited by a contingent fee agreement between the client and attorney, and the client's contingent fee obligation should be adjusted to match the court-awarded fee.
• Reimer v. Smith
  663 F.2d 1316· 5th Cir.· 1981-12-14 ·cited 60×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff failed to establish claims for deprivation of property regarding the autocar and forklift, that the Eleventh Amendment barred suit against the state agency, that dismissal of a supervisory defendant was proper, and that collateral estoppel barred
• Wolfgang Arnold v. Int'l Bus. Machs. Corp.
  637 F.2d 1350· 9th Cir.· 1981-02-05 ·cited 60×·via Violation Of 42 U.S.C. § 1983
  The court held that the defendants' involvement with the criminal investigation did not proximately cause the plaintiff's injuries, and therefore summary judgment was appropriate.
• Grano v. The Dep't OF Dev. OF the City OF Columbus
  637 F.2d 1073· 6th Cir.· 1980-12-10 ·cited 60×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court applied erroneous legal standards in determining Title VII liability and that the case should be remanded for reconsideration.
• Dennis v. S & S Consol. Rural High Sch. Dist.
  577 F.2d 338· 5th Cir.· 1978-07-31 ·cited 60×·via 42 U.S.C. § 1983 Claim For Deprivation Of Liberty Without Due Process
  A non-tenured public school teacher denied contract renewal is entitled to Fourteenth Amendment due process when the school board publicly makes stigmatizing charges against him, even if he has no property interest in continued employment.
• Cohen v. Ill. Inst. OF Tech.
  524 F.2d 818· 7th Cir.· 1975-10-28 ·cited 60×·via Discrimination Under 42 U.S.C. § 1983
  A private university's alleged discrimination against women faculty does not constitute action under color of state law for § 1983, nor is a conspiracy to violate Fourteenth Amendment rights actionable under § 1985(3) without state action.
• Cooper v. Allen
  467 F.2d 836· 5th Cir.· 1972-08-29 ·cited 60×·via Violation Of 42 U.S.C. § 1983
• Moss v. Hornig
  314 F.2d 89· 2d Cir.· 1963-01-18 ·cited 60×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to prove purposeful discrimination required for an equal protection claim under 42 U.S.C. § 1983, and thus, the district court did not err in entering summary judgment for the defendant.
• Ventura v. State
  2 So. 3d 194· Fla.· 2009-01-29 ·cited 59×·via 42 U.S.C. § 1983 Action
  Peter Ventura, a death-row inmate convicted of first-degree murder in 1988, challenged the constitutionality of Florida's lethal injection protocol in a successive postconviction motion. The Florida Supreme Court affirmed the summary denial of his motion, holding that his claims
• Ansley v. Heinrich
  925 F.2d 1339· 11th Cir.· 1991-03-11 ·cited 59×
  The court held that while the district court incorrectly instructed the jury on qualified immunity, the instruction as a whole did not mislead the jury, and qualified immunity is a question of law for the court, not the jury. The court also affirmed the denial of directed verdict
• Annabelle Lipsett v. Univ. OF Puerto RICO
  864 F.2d 881· 1st Cir.· 1988-10-26 ·cited 59×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff presented sufficient evidence of a hostile work environment and sex discrimination to survive summary judgment against most defendants.