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

• E & T Realty v. Strickland
  830 F.2d 1107· 11th Cir.· 1987-10-26 ·cited 59×
  The court held that even if the plaintiffs were treated differently, there were rational and legitimate grounds for the decision, making reversal appropriate without remand.
• Morgan v. S. Bend Cmty. Sch. Corp. & James P. Scamman
  797 F.2d 471· 7th Cir.· 1986-07-29 ·cited 59×
  The court held that under Indiana law, a superintendent and school board attorney lack the authority to bind the school board to a settlement agreement involving employee reinstatement, and federal law does not create a rule reallocating such authority.
• Floyd v. Farrell
  765 F.2d 1· 1st Cir.· 1985-06-19 ·cited 59×·via 42 U.S.C. § 1983 Action
  A police officer is entitled to qualified immunity if the facts and circumstances known to him at the time of a warrantless arrest would warrant a person of reasonable caution to believe that the suspect had committed a crime, even if a later probable cause hearing finds no proba
• McDONALD v. Hall
  610 F.2d 16· 1st Cir.· 1979-11-29 ·cited 59×
  The court held that the plaintiff's First Amendment claim was too attenuated and lacked sufficient factual allegations to proceed.
• Hardwick v. Ault
  517 F.2d 295· 5th Cir.· 1975-08-08 ·cited 59×
  State prisoners are not required to exhaust state administrative remedies before bringing an action under 42 U.S.C. § 1983 for conditions of confinement.
• Est. OF Aleta v. Bailey
  768 F.2d 503· 3d Cir.· 1985-06-27 ·cited 58×
  The court held that the district court erred in dismissing the complaint because the allegations, if proven, could establish a "special relationship" between the child protective services agency and the deceased child, giving rise to an affirmative duty to protect. The court foun
• Smith v. City OF Pittsburgh
  764 F.2d 188· 3d Cir.· 1985-06-12 ·cited 58×
  The court held that the Supreme Court's decision in Wilson v. Garcia, which mandates that all 42 U.S.C. § 1983 claims be characterized as personal injury actions for statute of limitations purposes, should be applied retrospectively. Therefore, the plaintiff's claim, filed after
• Wells v. Hico Indep. Sch. Dist.
  736 F.2d 243· 5th Cir.· 1984-07-16 ·cited 58×
  The court held that the trial judge erred in submitting the due process liberty interest claim to the jury because there was no evidence to support it.
• Sec. & LAW Enf't Emps. v. Carey
  737 F.2d 187· 2d Cir.· 1984-06-08 ·cited 58×
  The court held that prison administrators should be afforded wide-ranging deference in adopting policies for institutional security and order, and that strip searches of employees should not be limited beyond not being arbitrary, capricious, or in bad faith.
• Chiplin Enters., Inc. v. City OF Lebanon
  712 F.2d 1524· 1st Cir.· 1983-08-01 ·cited 58×
  A municipality's bad faith refusal to follow state law in local administrative matters, without more, does not constitute a deprivation of due process when state courts are available to correct the error.
• ROY v. The City OF Augusta
  712 F.2d 1517· 1st Cir.· 1983-07-28 ·cited 58×
  The court held that res judicata barred the action against the City of Augusta but not against the individual defendants, and that the complaint stated a possible claim under 42 U.S.C. § 1983 against the individual defendants.
• Carter v. Lowell D. Hewitt
  617 F.2d 961· 3d Cir.· 1980-02-27 ·cited 58×·via 42 U.S.C. § 1983 Action
  The admission of a letter, written six months after the alleged incident, as evidence of a conspiracy to fabricate brutality charges was reversible error because its context and admissibility were not properly established.
• Hanako Dennis v. Chang
  611 F.2d 1302· 9th Cir.· 1980-01-21 ·cited 58×
  The court held that attorneys' fees awarded under 42 U.S.C. § 1988 are not barred by the Eleventh Amendment, nor are they precluded by the fact that the prevailing party's counsel is a state-funded legal aid organization. The court also found that challenges to the amount of the
• Lambert v. Conrad
  536 F.2d 1183· 7th Cir.· 1976-06-24 ·cited 58×
  The court held that the plaintiff's current civil rights action for damages was barred by res judicata due to the dismissal of a prior similar action for injunctive relief.
• Muzquiz v. City OF SAN Antonio
  528 F.2d 499· 5th Cir.· 1976-02-27 ·cited 58×
• Shirley v. State Nat'l Bank OF Conn.
  493 F.2d 739· 2d Cir.· 1974-02-14 ·cited 58×
  The court held that the private repossession of property, even if authorized by common law or statute, constitutes state action when it involves a unilateral taking without consent, thus requiring due process protections.
• Offet v. Solem
  823 F.2d 1256· 8th Cir.· 1987-07-13 ·cited 57×·via 42 U.S.C. § 1983 Claim For Damages
  The dissent argues that the exhaustion requirement of 28 U.S.C. § 2254 does not apply to 42 U.S.C. § 1983 actions seeking monetary damages, even if the claim relates to the validity of good-time credit deprivation.
• McDONELL v. Hunter
  809 F.2d 1302· 8th Cir.· 1987-01-12 ·cited 57×
  The majority improperly expanded the scope of permissible searches and urinalyses of prison employees beyond the district court's findings, substituting appellate assumptions for factual evidence.
• Bennett v. City OF Slidell
  735 F.2d 861· 5th Cir.· 1984-07-09 ·cited 57×·via 42 U.S.C. § 1983 Liability
  A municipality is liable under § 1983 for deprivations of constitutional rights only if inflicted pursuant to official policy, which includes adopted policy statements or widespread, persistent practices known to policymakers.
• Craik v. The Minn. State Univ. Bd.
  731 F.2d 465· 8th Cir.· 1984-03-23 ·cited 57×·via Violation Of 42 U.S.C. § 1983
• Broadway v. Block
  694 F.2d 979· 5th Cir.· 1982-12-15 ·cited 57×
  A federal employee's reassignment, absent discrimination, is not subject to judicial review under 42 U.S.C. § 1983, the Civil Service Reform Act, Bivens, or the Administrative Procedure Act.
• Beraldine L. Acha and Arlene M. Egan v. Beame
  570 F.2d 57· 2d Cir.· 1978-01-12 ·cited 57×
  The court held that a partial summary judgment, not adjudicating all claims or relief, is not final under Rule 54(b) and thus not res judicata, allowing for its vacation by the district court.
• McCRAY v. Sullivan
  509 F.2d 1332· 5th Cir.· 1975-03-19 ·cited 57×
  The court held that while some prison conditions did not violate the Eighth Amendment or prior injunctions, others, particularly concerning punitive isolation and mail processing, required further consideration or reversal.
• Sykes v. State OF Cal. (Department OF Motor Vehicles)
  497 F.2d 197· 9th Cir.· 1974-05-01 ·cited 57×
• Myrick v. Fulton Cnty.
  69 F.4th 1277· 11th Cir.· 2023-06-07 ·cited 56×·via 42 U.S.C. § 1983 (Excessive Force)
  Antonio May died in Fulton County Jail on September 11, 2018, following an altercation with officers during which he was restrained and subjected to physical force while experiencing acute methamphetamine intoxication and psychological distress. The Eleventh Circuit affirmed the
• Sims v. Metro. Dade Cnty.
  972 F.2d 1230· 11th Cir.· 1992-09-18 ·cited 56×·via 42 U.S.C. § 1983 Action
  The district court did not err in denying the county officials' motion for summary judgment based on qualified immunity without prejudice, as a genuine issue of material fact exists regarding whether the employee's statements impaired his ability to carry out his duties and the d
• Mann v. The City OF Tucson
  782 F.2d 790· 9th Cir.· 1986-02-10 ·cited 56×
  The court concurred in the result, finding substantial uncertainty in § 1983 jurisprudence regarding the significance of available state remedies.
• Jamieson v. Shaw
  772 F.2d 1205· 5th Cir.· 1985-10-07 ·cited 56×
  The district court did not abuse its discretion in finding that the second amendment to the complaint would be futile, and therefore, further proceedings would be a waste of resources.
• Eligio Castro and Rafael Diaz Diaz v. United States
  775 F.2d 399· 1st Cir.· 1985-03-14 ·cited 56×
  The court held that the district court did not err in dismissing the appellants' claims, enjoining them from further litigation, and assessing costs, as they failed to exhaust administrative remedies, state valid claims, or demonstrate grounds for injunctive relief.
• McQURTER v. City OF Atlanta
  724 F.2d 881· 11th Cir.· 1984-01-19 ·cited 56×·via 42 U.S.C. § 1983 Action
  An order resolving all issues except attorney's fees is a final, appealable order, even if the fees have not yet been awarded.
• Redding v. Fairman
  717 F.2d 1105· 7th Cir.· 1983-09-13 ·cited 56×
  The court held that disqualification of prison disciplinary committee members sued by inmates is not automatic and requires a case-by-case analysis of personal involvement. It also held that denial of witness requests must be supported by the administrative record.
• Laje v. R. E. Thomason Gen. Hosp.
  665 F.2d 724· 5th Cir.· 1982-01-14 ·cited 56×
  The hospital district is not entitled to Eleventh Amendment immunity, and the award for mental anguish due to procedural due process violations is affirmed, but the award for lost salary is reversed.
• Owen v. The City OF Independence
  589 F.2d 335· 8th Cir.· 1978-12-01 ·cited 56×·via 42 U.S.C. § 1983 Liability For Municipalities
• Van Davis v. Cnty. OF LOS Angeles
  566 F.2d 1334· 9th Cir.· 1977-12-14 ·cited 56×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiffs lacked standing to challenge the height limitation and pre-1971 hiring procedures. The court also found that the attempted use of the 1972 examination was a Title VII violation, but the imposition of hiring quotas was not warranted.
• Robert L. Parish v. Nat'l Collegiate Athletic Ass'n
  506 F.2d 1028· 5th Cir.· 1975-01-09 ·cited 56×·via Violation Of 42 U.S.C. § 1983
  The court held that the NCAA's 1.600 rule was constitutional and that its actions were taken under color of state law, conferring jurisdiction.
• Rev. Donald L. Jackson v. The Statler Found.
  496 F.2d 623· 2d Cir.· 1973-12-04 ·cited 56×·via Violation Of 42 U.S.C. § 1983
  The dissent argues that tax exemptions for private charitable foundations do not constitute government action, and therefore, these foundations are not subject to civil rights suits for their grant-making decisions.
• Menechino v. Oswald
  430 F.2d 403· 2d Cir.· 1970-08-05 ·cited 56×
  The Due Process Clause of the Fourteenth Amendment requires that a prisoner be allowed the assistance of retained counsel at his parole release hearing.
• Dunn v. Gazzola
  216 F.2d 709· 1st Cir.· 1954-11-09 ·cited 56×·via Violation Of 42 U.S.C. § 1983
  The court held that the complaint failed to state a claim under the Civil Rights Act for conspiracy to deprive the plaintiff of equal protection of the laws.
• Willa Dean Howell v. Evans
  922 F.2d 712· 11th Cir.· 1991-01-28 ·cited 55×·via 42 U.S.C. § 1983 Claim For Deliberate Indifference To Serious Medical Needs
  The court held that it has jurisdiction to review the denial of qualified immunity even when factual disputes exist, and that the superintendent's failure to act on known medical deficiencies could constitute deliberate indifference, but the attending physician's actions did not
• Lussier v. Dugger
  904 F.2d 661· 11th Cir.· 1990-07-02 ·cited 55×
  The Civil Rights Restoration Act does not apply retroactively to Lussier's claim, and individual defendants may be shielded by qualified immunity.
• City OF Carrollton Branch OF THE Nat'l Ass'n FOR THE Advancement OF Colored People v. Stallings
  829 F.2d 1547· 11th Cir.· 1987-10-19 ·cited 55×
  The court held that the district court erred in its application of the Voting Rights Act and the Gingles test, particularly regarding the significance of racial bloc voting and the totality of circumstances.
• Mullinax v. E.B. McELHENNEY
  817 F.2d 711· 11th Cir.· 1987-05-26 ·cited 55×·via 42 U.S.C. § 1983 Liability
  Prosecutors are entitled to absolute immunity for acts intimately associated with the judicial phase of the criminal process, but claims accrue when the plaintiff knows or has reason to know of the injury and the perpetrator.
• Clark v. Lou V. Brewer
  776 F.2d 226· 8th Cir.· 1985-10-30 ·cited 55×·via 42 U.S.C. § 1983 Action
  The court held that an inmate's release from close management and settlement of damages did not moot his claim because it was capable of repetition yet evading review, and that state policies created a liberty interest protected by due process.
• Shondel v. McDERMOTT
  775 F.2d 859· 7th Cir.· 1985-10-28 ·cited 55×·via Violation Of 42 U.S.C. § 1983
  The court held that Shondel lacks standing to sue based on the violation of her stepfather's constitutional rights.
• McGEE v. S. Pemiscot Sch. Dist. R-V
  712 F.2d 339· 8th Cir.· 1983-07-11 ·cited 55×·via 42 U.S.C. § 1983 Liability
  The dissenting judge believes the district court properly granted judgment n.o.v. and would remand for a new trial on damages if liability is assumed.
• Jennings v. Shuman
  567 F.2d 1213· 3d Cir.· 1977-11-30 ·cited 55×
  The court held that the plaintiff's claim for malicious abuse of process, underlying a § 1983 action, is not barred by the statute of limitations, but the claim for malicious use of process is barred. The § 1985(3) claim was properly dismissed for failure to allege a class-based
• Powell v. Snook
  25 F.4th 912· 11th Cir.· 2022-02-08 ·cited 54×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officer was entitled to qualified immunity because the law was not clearly established that he violated the Fourth Amendment by using deadly force without a warning in these specific circumstances.
• J.T. Carr v. City OF Florence
  916 F.2d 1521· 11th Cir.· 1990-11-07 ·cited 54×·via Section 1983
  The court held that prior precedent improperly granted Eleventh Amendment immunity to Alabama county sheriffs without a proper analysis of state funding for judgments.
• Remo Benigni v. City OF Hemet
  879 F.2d 473· 9th Cir.· 1988-08-15 ·cited 54×
  The court held that the City failed to preserve most of its challenges to jury instructions and sufficiency of evidence due to procedural defaults, and that any errors in the qualified immunity instruction were harmless.
• Voutour v. Vitale
  761 F.2d 812· 1st Cir.· 1985-03-29 ·cited 54×
  The court held that genuine issues of material fact existed regarding the liability of Chief Forni and the Town of Saugus under 42 U.S.C. § 1983, precluding summary judgment.