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

• Joseph v. Brierton
  739 F.2d 1244· 7th Cir.· 1984-07-23 ·cited 54×·via 42 U.S.C. § 1983 Claim For Deliberate Indifference To Serious Medical Needs
  The court held that the district court erred by not granting a mistrial or informing the jury of indemnification after the defense counsel's prejudicial remarks, and by giving an improper good faith immunity instruction.
• C-Y Dev. Co. v. City OF Redlands
  703 F.2d 375· 9th Cir.· 1983-03-08 ·cited 54×
  The court held that the district court did not abuse its discretion in abstaining from exercising jurisdiction under the Pullman doctrine, as the case presented complex state law issues in a sensitive area of social policy that could potentially resolve or alter the federal const
• Dean v. Gladney
  621 F.2d 1331· 5th Cir.· 1980-07-24 ·cited 54×
  The court held that municipalities and counties are not liable under Bivens for the acts of their employees under a theory of respondeat superior, and that joint and several liability was improperly imposed on Deputy Saldivar for the actions of Officer Maddox.
• Armstrong v. Bd. OF Sch. Directors OF the City OF Milwaukee
  616 F.2d 305· 7th Cir.· 1980-02-19 ·cited 54×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court properly applied class action settlement principles to approve the desegregation settlement agreement, and that such settlements are permissible even after a finding of liability.
• Reeves v. City OF Jackson
  608 F.2d 644· 5th Cir.· 1979-12-21 ·cited 54×
  A jury question was presented as to whether certain officers and jailers falsely arrested, imprisoned, or denied medical care to the plaintiff, but not as to others or the City.
• Fielder v. August H. Bosshard
  590 F.2d 105· 5th Cir.· 1979-02-21 ·cited 54×·via 42 U.S.C. § 1983 Action
  The court held that the jury instructions adequately covered the qualified immunity defense, and that sufficient evidence supported the jury's finding of cruel and unusual punishment and the awarded damages.
• Novella H. Trageser v. Libbie Rehab. Ctr., Inc.
  590 F.2d 87· 4th Cir.· 1978-12-18 ·cited 54×·via Violation Of 42 U.S.C. § 1983
  The court held that a private action under § 504 of the Rehabilitation Act for employment discrimination is barred unless providing employment is a primary objective of the federal financial assistance, and that the nursing home's receipt of federal funds and state regulation did
• Expert Elec., Inc. v. Levine
  554 F.2d 1227· 2d Cir.· 1977-05-12 ·cited 54×·via 42 U.S.C. § 1983 Claim For Damages
• Place v. Mrs. Mary C. Shepherd
  446 F.2d 1239· 6th Cir.· 1971-08-17 ·cited 54×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff's amended complaint failed to state a cause of action under the Civil Rights Act or the Sherman and Clayton Acts due to conclusional allegations and lack of factual support.
• Roth v. The Bd. OF Regents OF State Colleges & Roger E. Guiles
  446 F.2d 806· 7th Cir.· 1971-07-01 ·cited 54×·via Violation Of 42 U.S.C. § 1983
  The court held that a probationary instructor whose contract is not renewed is entitled to a statement of reasons and a hearing as a matter of procedural due process.
• Williams v. Eaton
  443 F.2d 422· 10th Cir.· 1971-05-14 ·cited 54×
  The court held that dismissal for failure to state a claim or summary judgment was improper as material issues of fact remained regarding First Amendment rights and the propriety of the dismissal. However, claims for money damages against state officers in their official capaciti
• Ivory Wright v. Sheppard
  919 F.2d 665· 11th Cir.· 1990-12-18 ·cited 53×
  The court held that while punitive damages may be appropriate, appellate courts cannot mandate their award, as this is a discretionary decision for the fact finder. The majority's imposition of punitive damages constituted an abuse of discretion.
• Owens v. Fulton Cnty.
  877 F.2d 947· 11th Cir.· 1989-07-20 ·cited 53×
  A county cannot be held liable under 42 U.S.C. § 1983 for a district attorney's prosecutorial decisions, as the district attorney acts as a state official, not a county policymaker, under Georgia law.
• Little v. City OF N. Miami
  805 F.2d 962· 11th Cir.· 1986-12-09 ·cited 53×·via Violation Of 42 U.S.C. § 1983
  The court held that a public censure resolution by a city council, if retaliatory, can violate First Amendment rights and procedural due process, but not the Sixth Amendment or the prohibition against bills of attainder if it lacks the force of law.
• McCALL-BEY v. Franzen
  777 F.2d 1178· 7th Cir.· 1985-09-20 ·cited 53×
  Federal courts do not have inherent jurisdiction to enforce settlement agreements of dismissed cases; an independent basis for federal jurisdiction is required.
• N.H. Newman v. Graddick
  740 F.2d 1513· 11th Cir.· 1984-09-10 ·cited 53×
  The court held that a consent decree is a judicial act subject to modification and that total compliance is not a prerequisite for considering modification. It also affirmed the validity of the consent decree and attorney fee awards while reversing contempt findings based on proc
• Johnson v. Brelje
  701 F.2d 1201· 7th Cir.· 1983-02-18 ·cited 53×·via 42 U.S.C. § 1983 Action
  The dissenting judge believes the Illinois Criminal Code and Mental Health Code provide sufficient due process for individuals found unfit to stand trial, making additional federal due process requirements unnecessary.
• KEY v. Bud Rutherford
  645 F.2d 880· 10th Cir.· 1981-04-10 ·cited 53×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that intervening Supreme Court decisions require a new trial for the City of Stroud and officials in their official capacities due to changes in municipal immunity law, but affirmed the judgment for individual defendants in their personal capacities based on suffic
• Jackson v. Stinchcomb
  635 F.2d 462· 5th Cir.· 1981-01-27 ·cited 53×
  The court held that the district court abused its discretion in granting a preliminary injunction for reinstatement because the plaintiff's federal claims were unlikely to succeed on the merits and the state law claim could not support federal jurisdiction.
• Flor Lopez v. Vanderwater
  620 F.2d 1229· 7th Cir.· 1980-04-29 ·cited 53×
  A judge is not immune from liability under 42 U.S.C. § 1983 for non-judicial acts performed under color of state law that violate constitutional rights, even if the acts are otherwise judicial in nature. A non-judge may be liable for conspiracy if they knowingly participate in a
• Gordon v. Leeke
  574 F.2d 1147· 4th Cir.· 1978-03-06 ·cited 53×
  The court held that a district court is not required to act as an advocate for a pro se litigant, but should liberally construe pleadings and may advise the litigant.
• Teterud v. Burns
  522 F.2d 357· 8th Cir.· 1975-09-04 ·cited 53×·via Violation Of 42 U.S.C. § 1983
  A prison regulation prohibiting inmates from wearing long braided hair is unconstitutional under the First Amendment's Free Exercise Clause if it is not narrowly tailored to serve compelling governmental interests.
• James Oliver McALESTER et ux. v. Brown
  469 F.2d 1280· 5th Cir.· 1972-12-05 ·cited 53×
  A judge acting within his judicial jurisdiction is immune from suit under 42 U.S.C. § 1983, even if accused of malice or corruption.
• Guedry v. Honorable Leon Ford, III
  431 F.2d 660· 5th Cir.· 1970-09-09 ·cited 53×·via Violation Of 42 U.S.C. § 1983
  Judges and prosecuting attorneys are immune from civil liability under 42 U.S.C. § 1983 for actions taken within their official capacities, and a private citizen cannot be held liable for conspiring with immune officials.
• Manor Healthcare Corp. v. Lomelo
  929 F.2d 633· 11th Cir.· 1991-04-25 ·cited 52×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  A municipality is not liable under § 1983 for a mayor's criminal acts unless those acts were officially sanctioned or made pursuant to a municipal policy by an official with final policy-making authority. A prevailing party may recover costs even if paid by a non-party insurer.
• Hutton v. Hutton
  919 F.2d 1531· 11th Cir.· 1990-12-27 ·cited 52×·via Violation Of 42 U.S.C. § 1983
  Sheriff Strickland is entitled to qualified immunity because the arresting officers had probable cause to arrest the Huttons for trespass under clearly established law. However, he was properly denied absolute immunity.
• Clark v. Evans
  840 F.2d 876· 11th Cir.· 1988-03-25 ·cited 52×
  The court held that prison officials were entitled to qualified immunity because their actions did not violate clearly established law, and affirmed summary judgment for other guards and the commissioner.
• Henry v. Farmer City State Bank
  808 F.2d 1228· 7th Cir.· 1986-12-29 ·cited 52×
  The court held that the RICO claims were barred by res judicata because the plaintiffs failed to raise their fraud claims as defenses in the prior state court foreclosure proceedings. However, the court reversed the district court's injunction against state court proceedings, fin
• Jurgensen v. Fairfax Cnty.
  745 F.2d 868· 4th Cir.· 1984-10-04 ·cited 52×·via 42 U.S.C. § 1983 Action
  The court held that the employee's speech, primarily concerning internal grievances and not a matter of public concern, was not constitutionally protected under the First Amendment, and therefore his demotion did not violate his free speech rights.
• Hermes v. Hein
  742 F.2d 350· 7th Cir.· 1984-08-17 ·cited 52×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the grant of summary judgment for the defendants on the plaintiffs' First Amendment and due process claims, but remanded the case for further consideration of the award of attorneys' fees.
• Berry v. The Bd. OF Supervisors OF L.S.U.
  715 F.2d 971· 5th Cir.· 1983-09-26 ·cited 52×
  The court held that a claim of "work load discrimination" alone is not actionable under the Equal Pay Act, but remanded the Equal Pay Act claim to consider if unequal pay for equal work was alleged. The court also remanded the Title VII claim to determine if a continuing violatio
• Howerton v. Jess Gabica and Marjorie Gabica
  708 F.2d 380· 9th Cir.· 1983-05-10 ·cited 52×
  The court held that the landlords' actions, facilitated by repeated and active police involvement in the eviction process, constituted action taken under color of state law for purposes of a section 1983 claim.
• Franklin v. State OF Or.
  662 F.2d 1337· 9th Cir.· 1981-12-07 ·cited 52×·via 42 U.S.C. § 1983 Action
  A district court may dismiss an action sua sponte before issuing summonses only if it clearly lacks subject matter jurisdiction. Otherwise, proper procedural steps, including summons issuance, must be followed.
• Rankin v. Howard
  633 F.2d 844· 9th Cir.· 1980-12-05 ·cited 52×·via Violation Of 42 U.S.C. § 1983
  A judge loses judicial immunity when acting in the clear and complete absence of personal jurisdiction or when engaging in a private agreement to predetermine a case's outcome. Private parties conspiring with a judge do not enjoy derivative immunity.
• Flores v. Pierce
  617 F.2d 1386· 9th Cir.· 1980-05-07 ·cited 52×·via Violation Of 42 U.S.C. § 1983
  Officials who discriminate invidiously are not entitled to good faith immunity in an action under 42 U.S.C. § 1983, and sufficient evidence supported the jury's finding of discriminatory intent and damages.
• White v. Lackland Bloom
  621 F.2d 276· 8th Cir.· 1980-04-30 ·cited 52×
  The court held that complaints alleging § 1983 conspiracies between private parties and immune public officials must meet a special, more specific pleading standard than generally required under the Federal Rules of Civil Procedure.
• Davis v. Zahradnick
  600 F.2d 458· 4th Cir.· 1979-06-29 ·cited 52×
  The court held that summary judgment was improperly granted because genuine issues of material fact existed and the pro se plaintiff did not receive proper notice of the conversion of a motion to dismiss into a motion for summary judgment.
• Boyce v. Dr. Alizaduh
  595 F.2d 948· 4th Cir.· 1979-04-02 ·cited 52×·via 42 U.S.C. § 1983 Action
  A pro se prisoner's complaint alleging a physician ignored warnings of an allergic reaction and persisted in prescribing the offending medication, causing aggravation, is not frivolous and warrants further proceedings against the physician.
• Gagliardi v. Flint
  564 F.2d 112· 3d Cir.· 1977-08-10 ·cited 52×
  The court held that the district court had federal question jurisdiction to hear pendent state law claims and that no reversible trial errors occurred.
• Cooper v. Lockhart
  489 F.2d 308· 8th Cir.· 1973-12-27 ·cited 52×
  A custodial state must discontinue the punitive effects of a detainer if the requesting state does not promptly provide a parole revocation hearing.
• Angelynn York v. Story
  324 F.2d 450· 9th Cir.· 1963-10-28 ·cited 52×·via Violation Of 42 U.S.C. § 1983
  The court held that a complaint alleging police officers took and distributed nude photographs of a citizen over her objection, acting under color of authority, states a claim for deprivation of privacy under the Fourteenth Amendment's Due Process Clause, thus establishing federa
• Christmas v. Harris Cnty.
  51 F.4th 1348· 11th Cir.· 2022-10-28 ·cited 51×
  The Eleventh Circuit affirmed the district court's grant of summary judgment, holding that the Sheriff was entitled to qualified immunity because the plaintiff failed to show he violated a clearly established constitutional right or that his actions caused the subordinate's misco
• Correa-Martinez v. Arrillaga-Belendez
  903 F.2d 49· 1st Cir.· 1990-04-30 ·cited 51×·via Violation Of 42 U.S.C. § 1983
  A public employee's association with a politically disfavored individual, without more, does not implicate the First Amendment unless the employee's own political beliefs or advocacy are involved.
• Stoneking v. Bradford Area Sch. Dist.
  882 F.2d 720· 3d Cir.· 1989-08-16 ·cited 51×
  The court held that reasonable school officials would not have realized they were violating a well-established duty by failing to pursue or discouraging complaints of sexual abuse, thus entitling them to qualified immunity.
• Errol Lynch v. Cannatella
  810 F.2d 1363· 5th Cir.· 1987-02-27 ·cited 51×·via 42 U.S.C. § 1983 Liability
  Excludable aliens are entitled to due process protections against gross physical abuse while detained in the U.S., but officials may be shielded by qualified immunity if their conduct did not violate clearly established law. State agencies are not protected by individual official
• Walters v. City OF Atlanta
  803 F.2d 1135· 11th Cir.· 1986-11-10 ·cited 51×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the finding of illegal discrimination and most damages, but vacated punitive damages against some officials and reduced back pay. The court also affirmed the denial of punitive damages against the City and the directed verdict on the Section 1983 claim.
• Fiacco v. City OF Rensselaer
  783 F.2d 319· 2d Cir.· 1986-02-11 ·cited 51×
  A municipality can be held liable under 42 U.S.C. § 1983 for a policy of deliberate indifference to its officers' use of excessive force, and evidence of unadjudicated third-party claims is admissible to prove such a policy.
• Littlefield v. City OF Afton
  785 F.2d 596· 8th Cir.· 1986-01-03 ·cited 51×·via 42 U.S.C. § 1983 Action
  The court held that appellants had a protected property interest in the building permit under Minnesota law, and thus were entitled to procedural due process. However, the court affirmed the dismissal of the procedural due process claim as appellants received adequate notice and
• McKINNEY v. George
  726 F.2d 1183· 7th Cir.· 1984-01-20 ·cited 51×·via Violation Of 42 U.S.C. § 1983
  Police officers acted reasonably under the Fourth Amendment in arresting and committing the plaintiff, and the hospital staff acted reasonably in detaining him based on psychiatric evaluation.
• Rhodes v. Robinson
  612 F.2d 766· 3d Cir.· 1979-12-28 ·cited 51×
  The court held that a prisoner's standing to assert others' rights, the First Amendment's application to prison speech restrictions, and due process requirements for prison disciplinary hearings are key issues. It affirmed summary judgment on some claims while vacating others for