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

• MacIariello v. W.B. Sumner
  973 F.2d 295· 4th Cir.· 1992-08-18 ·cited 3×·via 42 U.S.C. § 1983 Liability
  Government officials are entitled to qualified immunity when their conduct does not violate clearly established statutory or constitutional rights, and the plaintiffs' actions did not constitute protected speech that was a 'but for' cause of their demotions.
• Robinson v. The City OF ST. Charles
  972 F.2d 974· 8th Cir.· 1992-08-14 ·cited 3×·via 42 U.S.C. § 1983 (Excessive Force)
  The court affirmed the jury's verdict of no liability for the Robinsons and agreed that Jones was not a prevailing party due to the lack of damages awarded, despite a finding of constitutional violation.
• Griffin v. Spratt
  969 F.2d 16· 3d Cir.· 1992-07-07 ·cited 3×
  Prison officials did not violate a prisoner's due process rights by discarding seized fermented beverages because there was no evidence of bad faith in their destruction, and reliance on an officer's testimony about the beverages was permissible in a disciplinary proceeding.
• Billish v. City OF Chicago & Louis T. Galante
  962 F.2d 1269· 7th Cir.· 1992-05-04 ·cited 3×
  The court held that the district court erred in granting summary judgment, as a trial is necessary to determine if the city's race-based promotion decisions were justified to remedy past discrimination.
• McARDLE v. Tronetti
  961 F.2d 1083· 3d Cir.· 1992-04-17 ·cited 3×·via Section 1983
  Defendants are immune from Section 1983 liability for false diagnosis, false testimony, and conspiracy related to involuntary commitment proceedings, but not for the act of filing the commitment petition itself. However, the plaintiff failed to plead essential elements for his ma
• Johnson v. Moore
  958 F.2d 92· 5th Cir.· 1992-04-10 ·cited 3×
  The court held that a municipal judge acting in a judicial capacity does not create municipal policy for § 1983 liability, and the plaintiff lacked standing for injunctive relief due to speculative future harm.
• Bannum, Inc. v. City OF Louisville
  958 F.2d 1354· 6th Cir.· 1992-03-23 ·cited 3×
  The plaintiff's claim is not ripe for adjudication because it failed to obtain a final decision from the relevant authorities regarding its proposed use of the property, nor did it utilize available procedures for obtaining necessary permits or variances.
• Hohe v. Casey
  956 F.2d 399· 3d Cir.· 1992-02-10 ·cited 3×·via 42 U.S.C. § 1983 Action
  The court held that the last sentence of § 575(d) is not facially unconstitutional because it can be applied constitutionally, and that the requirement for arbitration of fair share fee propriety challenges under § 575(g) is constitutionally unenforceable as it mandates exhaustio
• White v. Hezikiah Walker
  950 F.2d 972· 5th Cir.· 1991-12-30 ·cited 3×
  The court held that a jury must decide whether the officer is entitled to qualified immunity, reversing the directed verdict on that issue, but affirmed the dismissal of other claims.
• Rosann C. Scheetz v. THE Morning Call, Inc.
  946 F.2d 202· 3d Cir.· 1991-10-03 ·cited 3×·via Violation Of 42 U.S.C. § 1983
  The First Amendment does not shield the press from civil liability when confidential information is unlawfully acquired, even if the information is of public significance.
• Ada Sandra Kopf v. Wing
  942 F.2d 265· 4th Cir.· 1991-08-09 ·cited 3×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the appellant presented sufficient evidence to survive summary judgment on claims of excessive force against police officers and a pattern of unconstitutional conduct by the county.
• Theodore and Janice Frutiger v. Hamilton Cent. Sch. Dist. & Thomas E. Sobel
  928 F.2d 68· 2d Cir.· 1991-03-20 ·cited 3×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the district court's order denying an evidentiary hearing was procedural and not an appealable interlocutory order under 28 U.S.C. § 1292(a)(1) because plaintiffs had failed to exhaust administrative remedies.
• Whittington v. Milby
  928 F.2d 188· 6th Cir.· 1991-03-14 ·cited 3×
  The court held that the notice of appeal was timely due to the district court's failure to comply with the separate document rule for its initial order, and affirmed the dismissal of the § 1983 claim on grounds other than the statute of limitations, while vacating the dismissal o
• Hadges v. Yonkers Racing Corp.
  918 F.2d 1079· 2d Cir.· 1990-11-19 ·cited 3×
  A private racetrack owner's denial of a driver's request to work at the track, even with extensive state regulation, does not constitute state action under 42 U.S.C. § 1983.
• Burnette v. Ciolino
  750 F. Supp. 1562· M.D. Fla.· 1990-11-19 ·cited 3×·via 42 U.S.C. § 1983 Liability
  The court held that the prior shooting incidents cited by the plaintiff were isolated events and did not establish a de facto policy or custom of tolerating excessive force, thus granting summary judgment for the defendants.
• Burwell D. Manning, Jr. v. S.C. Dep't OF Hwy. & Pub. Transp.
  914 F.2d 44· 4th Cir.· 1990-09-12 ·cited 3×
  The court held that the district court correctly applied the two dismissal rule to bar Manning's claim against Evans and dismissed the claim against the Highway Department based on the Eleventh Amendment.
• Evans v. Dugger
  908 F.2d 801· 11th Cir.· 1990-08-09 ·cited 3×·via 42 U.S.C. § 1983 Claim For Deliberate Indifference To Serious Medical Needs
  The court affirmed the jury's verdict and judgment for the defendants, finding no reversible error in the jury instructions or evidentiary rulings.
• Kasib Tauheed Bilal v. Kaplan
  904 F.2d 14· 8th Cir.· 1990-05-10 ·cited 3×
  The court held that a private attorney's conduct in representing a client does not constitute state action for purposes of a § 1983 claim, and that federal question jurisdiction was not established.
• Teyonda N. Walls v. City OF Petersburg
  895 F.2d 188· 4th Cir.· 1990-02-06 ·cited 3×
  The court held that the plaintiff failed to establish a prima facie case of disparate impact under Title VII and that the background questionnaire questions did not violate her constitutional rights to privacy, association, or due process.
• Gutierrez v. City of Hialeah
  729 F. Supp. 1329· S.D. Fla.· 1990-01-25 ·cited 3×
  The court held that plaintiffs' counsel failed to conduct a reasonable pre-filing inquiry into the law and facts, thus violating Rule 11, and denied the motion for reconsideration of sanctions.
• Gerber v. Longboat Harbour N. Condo.
  724 F. Supp. 884· M.D. Fla.· 1989-11-17 ·cited 3×
  Judicial enforcement of condominium rules restricting flag display constitutes state action, violating the First and Fourteenth Amendments, and Florida Statute § 718.113(4).
• Carrero v. NEW York City Hous. Auth.
  890 F.2d 569· 2d Cir.· 1989-11-14 ·cited 3×·via Violation Of 42 U.S.C. § 1983
  The court held that a plaintiff can bring both Title VII and § 1983 claims when the § 1983 claim is based on distinct constitutional rights, and that the supervisor's conduct constituted quid pro quo sexual harassment for which the employer is strictly liable.
• Redner v. City of Tampa
  723 F. Supp. 1448· M.D. Fla.· 1989-07-07 ·cited 3×
  The court held that abstention was appropriate, recommending dismissal or a stay of the federal action pending the outcome of parallel state court proceedings.
• Reid v. Kayye
  885 F.2d 129· 4th Cir.· 1989-07-06 ·cited 3×
  State officials are not liable under 42 U.S.C. § 1983 for unconstitutional jail conditions when state law grants them only discretionary power to inspect and advise, not a mandatory duty to remedy such conditions.
• Johnson v. Heinrich
  543 So. 2d 831· Fla. 2d DCA· 1989-05-12 ·cited 3×
  Johnson sued Sheriff Heinrich and Deputy Nykanen for damages arising from his arrest and detention following a traffic stop, claiming false arrest, false imprisonment, negligence, and constitutional violations. The trial court granted summary judgment for the defendants on all co
• Bennett v. City OF Boston
  869 F.2d 19· 1st Cir.· 1989-03-09 ·cited 3×
  A provisional employee's job is not constitutionally protected property if the collective bargaining agreement allows for non-renewal of provisional appointments without cause.
• Fla. Pawnbrokers & Secondhand Dealers Ass'n v. City of Fort Lauderdale
  699 F. Supp. 888· S.D. Fla.· 1988-11-17 ·cited 3×
  The court reversed a summary judgment awarding a real estate commission, finding that a new lease for the same property did not constitute a renewal of the original lease as contemplated by the commission agreement.
• Tagstrom v. Enockson
  857 F.2d 502· 8th Cir.· 1988-09-23 ·cited 3×·via 42 U.S.C. § 1983 Claim For Denial Of Medical Care
  The court held that the officer was not deliberately indifferent to the plaintiff's medical needs and was entitled to qualified immunity.
• Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah
  688 F. Supp. 1522· S.D. Fla.· 1988-06-10 ·cited 3×
  Local government officials are entitled to absolute legislative immunity for their legislative acts, and are not personally liable for the actions of subordinates unless they directed or had personal knowledge of the wrongdoing.
• George v. King
  837 F.2d 705· 5th Cir.· 1988-02-17 ·cited 3×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  A single incident of food poisoning, even if caused by neglectful prison food service policy and resulting in temporary discomfort, does not state a claim for deprivation of constitutional rights sufficient to survive dismissal as frivolous under 28 U.S.C. § 1915(d).
• Mitson v. Coler
  670 F. Supp. 1568· S.D. Fla.· 1987-10-05 ·cited 3×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that Veterans Administration Improved Pensions (VAIP) awarded pursuant to 38 U.S.C. § 503(a)(8) as reimbursement for medical expenses should not be counted as income for determining eligibility for Florida's Medicaid Institutional Care Payments (ICP) Program.
• Carver v. Casey
  669 F. Supp. 412· S.D. Fla.· 1987-08-21 ·cited 3×
  The court held that the plaintiff's Title VII claims were time-barred due to failure to provide timely notice to the proper defendant, and other claims were dismissed for lack of jurisdiction, preemption, or exclusivity of Title VII.
• Gaut v. Sunn
  810 F.2d 923· 9th Cir.· 1987-02-20 ·cited 3×·via 42 U.S.C. § 1983 Claim For Denial Of Access To Courts
  Prison beatings that shock the conscience are actionable under 42 U.S.C. § 1983, but a mere threat of bodily harm, even to deter legal action, is not.
• Owens v. Herb Maschner
  811 F.2d 1365· 10th Cir.· 1987-02-17 ·cited 3×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's allegations may be sufficient to state a claim for relief under 42 U.S.C. § 1983, and the district court erred in dismissing the action.
• Hooshang Kadivar, M.D. v. Stone
  804 F.2d 635· 11th Cir.· 1986-11-19 ·cited 3×
  The court held that the district court erred in dismissing Dr. Kadivar's complaint against the state attorneys and Lawrence on grounds of absolute immunity, and erred in dismissing the complaint against Spooner for failure to plead facts supporting conspiracy.
• Hynes v. Pasco Cnty.
  801 F.2d 1269· 11th Cir.· 1986-10-14 ·cited 3×·via Violation Of 42 U.S.C. § 1983
  The court held that the revocation of a building permit following a zoning appeal does not violate due process, as federal courts will not act as zoning review boards.
• Eitel v. Verla Sue Holland
  798 F.2d 815· 5th Cir.· 1986-08-29 ·cited 3×
  The court held that abstention was appropriate for Eitel's § 1983 claim against the attorneys because it was inextricably intertwined with the state court proceedings.
• Shuttleworth v. Broward Cnty.
  639 F. Supp. 654· S.D. Fla.· 1986-07-08 ·cited 3×·via Violation Of 42 U.S.C. § 1983
  The court held that exhaustion of administrative remedies is not required for claims under Section 504 of the Rehabilitation Act, and that claims under Section 1983 are not precluded by the Rehabilitation Act. The court also found that the plaintiff met Florida's statutory notice
• Goss v. Mem'l Hosp. Sys.
  789 F.2d 353· 5th Cir.· 1986-05-14 ·cited 3×·via Violation Of 42 U.S.C. § 1983
  The court held that the hospitals' suspension of a physician's staff privileges, based on competency concerns and lacking market power, did not violate the Sherman Act, and the physician's due process claim failed due to lack of state action.
• Berry v. The Bd. OF Supervisors OF La. State Univ. & Agric. & Mech. Coll.
  783 F.2d 1270· 5th Cir.· 1986-03-05 ·cited 3×
  The court affirmed the district court's judgment, holding that the plaintiff failed to establish a continuing violation for her Title VII claim and did not prove her Equal Pay Act claim after trial.
• Taylor v. First Wyo. Bank, N.A.
  707 F.2d 388· 9th Cir.· 1983-05-23 ·cited 3×
  The court held that the actions of a court-appointed guardian in placing a ward in a convalescent hospital do not constitute action taken under color of state law for purposes of a 42 U.S.C. § 1983 claim.
• Omasta v. Louie L. Wainwright
  696 F.2d 1304· 11th Cir.· 1983-01-31 ·cited 3×·via 42 U.S.C. § 1983 Action
  Incarceration pursuant to a presumptively valid judgment and commitment order does not implicate the Thirteenth Amendment's prohibition against involuntary servitude, even if the conviction is later reversed.
• Quarles v. Lenwood Sager
  687 F.2d 344· 11th Cir.· 1982-09-27 ·cited 3×
  The court held that a Section 1983 claim cannot be used to challenge a state conviction when the petitioner has abandoned a prior habeas corpus action seeking the same relief.
• Brown v. Miller
  631 F.2d 413· 5th Cir.· 1980-11-26 ·cited 3×·via 42 U.S.C. § 1983 Action
  The court vacated the district court's order regarding attorney's fees and remanded for a new determination.
• Burgess v. Miller
  492 F. Supp. 1284· N.D. Fla.· 1980-06-10 ·cited 3×·via 42 U.S.C. § 1983 Claim For Denial Of Due Process
  The court held that under the extraordinary circumstances of a public employee strike and resulting emergency, the oral communications and warnings provided to the striking employees constituted sufficient pre-termination due process, despite the lack of formal written notice or
• Beecher v. Baxley
  549 F.2d 974· 5th Cir.· 1977-03-30 ·cited 3×·via 42 U.S.C. § 1983 Action
  A state criminal defendant is not entitled to federal injunctive or declaratory relief from a fourth prosecution after three prior convictions were reversed due to constitutional infirmities, absent a showing of bad faith or harassment.
• Smitherman v. Quaintance
  2019 WL 13175091· M.D. Fla.· 2024-12-11 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that defendants failed to demonstrate clear error or manifest injustice to warrant reconsideration of the prior order denying dismissal based on the statute of limitations, as the claims for unlawful search and seizure were subject to the deferred accrual rule of H
• Hearns v. Hale
  2020 WL 4756761· N.D. Fla.· 2024-10-28 ·cited 2×
  A prisoner's civil rights complaint challenging the validity of his conviction is barred by Heck v. Humphrey and Preiser v. Rodriguez, and must be dismissed.
• Short v. Nelson
  2010 WL 3237822· N.D. Fla.· 2024-10-21 ·cited 2×
  The court held that the plaintiff's filing, styled as a 'Notice of Action,' should be dismissed as frivolous under the Prison Litigation Reform Act because it lacks an arguable basis in law or fact and fails to comply with procedural rules.
• Marques Johnson v. Dunn
  91 F.4th 1114· 11th Cir.· 2024-01-30 ·cited 2×
  Deputy Sheriff James Dunn pulled over Marques Johnson's father for a traffic violation and demanded that Johnson, a passenger in the vehicle, identify himself; when Johnson refused, Dunn arrested him for resisting an officer without violence under Florida law. The Eleventh Circui