42 U.S.C. § 1983 (Excessive Force)

239 Florida cases classified under this topic · sorted by citation count · browse and sort

• Oather Jefferson Samples and Barbara Jackson v. City OF Atlanta & Officer J.M. Oglesby
  846 F.2d 1328· 11th Cir.· 1988-06-13 ·cited 166×
  Summary judgment was inappropriate because genuine issues of material fact exist regarding whether the officer used excessive force and whether the city maintained a policy or custom that led to the constitutional violation.
• Piazza v. Jefferson Cnty.
  923 F.3d 947· 11th Cir.· 2019-05-09 ·cited 164×
  The court held that the second tasing of an incapacitated detainee constituted excessive force violating clearly established law, but supervisory liability claims failed due to lack of evidence of a policy or custom based on multiple incidents.
• Fils v. City OF Aventura
  647 F.3d 1272· 11th Cir.· 2011-07-28 ·cited 138×
  Cindy Fils and Nemours Maurice sued police officers under 42 U.S.C. § 1983 for excessive force after being tased and arrested outside a nightclub in Aventura, Florida on August 23, 2003. The district court denied the officers' motions for summary judgment based on qualified immun
• Meade v. Grubbs
  841 F.2d 1512· 10th Cir.· 1988-03-11 ·cited 100×
  The court held that the district court abused its discretion by dismissing the case for violation of a local rule and that the plaintiff's allegations sufficiently stated a claim for excessive force under 42 U.S.C. § 1983. However, state officials sued in their official capacitie
• Sears v. Vernia Roberts
  922 F.3d 1199· 11th Cir.· 2019-04-24 ·cited 91×
  The court held that the district court erred in granting summary judgment by misinterpreting precedent and failing to view evidence in the light most favorable to the non-moving party.
• Spell v. McDANIEL
  824 F.2d 1380· 4th Cir.· 1987-07-24 ·cited 87×
  The court held that the evidence was sufficient to support the jury's finding of municipal liability against the City of Fayetteville under either a deficient training policy or a condoned custom theory, and affirmed the judgment on the merits.
• Trellus Richmond v. Badia
  47 F.4th 1172· 11th Cir.· 2022-08-22 ·cited 70×
  A school resource officer was not entitled to qualified immunity on an excessive force claim under the Fourth Amendment when he grabbed a thirteen-year-old student's face, threw him to the ground using an armbar technique, and twisted his wrist, despite having arguable probable c
• Rollins Freeman v. Franzen
  695 F.2d 485· 7th Cir.· 1982-12-15 ·cited 70×
  The court held that the district court erred in granting judgment notwithstanding the verdict for two defendants, and that the jury's punitive damages award against another defendant was supported by the evidence. The court also held that prisoners can bring claims for excessive
• Ireland v. Prummell
  53 F.4th 1274· 11th Cir.· 2022-11-14 ·cited 69×
  Thomas Ireland's father appealed the district court's grant of summary judgment dismissing his claims arising from his son's death following a violent altercation with corrections officers at the Charlotte County Jail on August 24, 2015. The Eleventh Circuit affirmed the dismissa
• Lester v. City OF Chicago
  830 F.2d 706· 7th Cir.· 1987-09-17 ·cited 62×
  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
• Myrick v. Fulton Cnty.
  69 F.4th 1277· 11th Cir.· 2023-06-07 ·cited 56×
  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
• Powell v. Snook
  25 F.4th 912· 11th Cir.· 2022-02-08 ·cited 54×
  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.
• Penley v. Eslinger
  605 F.3d 843· 11th Cir.· 2010-05-03 ·cited 47×
  A fifteen-year-old student brought a modified toy pistol to school, triggering a police standoff during which Lieutenant Michael W. Weippert fired a fatal shot to the head. The parents sued under 42 U.S.C. § 1983 and Florida law, alleging excessive force and violation of Fourth A
• Wellington v. Daniels
  717 F.2d 932· 4th Cir.· 1983-09-19 ·cited 47×
  The court held that the district court did not err in granting judgment notwithstanding the verdict for the city and chief, nor in denying a new trial, as there was insufficient evidence of a municipal policy to allow the use of a dangerous instrumentality.
• Emmitt G. King v. Blankenship
  636 F.2d 70· 4th Cir.· 1980-12-05 ·cited 46×
  The court held that the district court's finding that the force used by Officer Johnson was not actionable excessive force was clearly erroneous.
• Quincy A. Williams v. Correctional Officer Radford
  64 F.4th 1185· 11th Cir.· 2023-04-04 ·cited 38×
  The Eleventh Circuit held that the district court erred in granting summary judgment on two of the plaintiff's retaliation claims against Captain Scarpati, but affirmed summary judgment on the third retaliation claim.
• Johnson v. City of Miami Beach
  18 F.4th 1267· 11th Cir.· 2021-11-19 ·cited 38×
  The court held that a reasonable jury could find that Officer Aguila used excessive force and committed battery by forcibly striking an arrestee who was secured, not resisting, and not posing a threat, and thus summary judgment was improperly granted.
• Sureshbhai Patel v. City of Madison
  959 F.3d 1330· 11th Cir.· 2020-05-27 ·cited 38×
  The court held that genuine issues of material fact remain regarding whether Officer Parker used excessive force, precluding summary judgment based on qualified immunity.
• Reynaldo Huguet v. Barnett
  900 F.2d 838· 5th Cir.· 1990-05-11 ·cited 34×
  The court held that the district court properly dismissed the inmate's Section 1983 excessive force claim under the Eighth Amendment standard, as the plaintiff failed to prove the necessary elements.
• Jones v. Bd. OF Police Comm'rs
  844 F.2d 500· 8th Cir.· 1988-04-01 ·cited 34×
  The court held that the trial court did not abuse its discretion in denying a new trial, in its jury instructions, or in admitting evidence of the plaintiff's prior convictions for impeachment purposes.
• Kidd v. O'Neil
  774 F.2d 1252· 4th Cir.· 1985-09-23 ·cited 33×
  The Fourth and Fourteenth Amendments provide protection against excessive force by state police during arrests, and the district court erred in requiring a specific intent to infringe a constitutional right for such claims.
• Hinshaw v. Doffer
  785 F.2d 1260· 5th Cir.· 1986-03-28 ·cited 32×
  The court held that the evidence was insufficient to support a judgment against the police chief for failure to supervise or train the officer, but sufficient to support judgments against the officer for false arrest and excessive force. The court also held that the officer is fu
• Delaney v. Giarrusso
  633 F.2d 1126· 5th Cir.· 1981-01-05 ·cited 31×
  The court held that the illegal arrest claim requires exhaustion of state remedies, while the excessive force claim can proceed on the merits. The judgment dismissing the excessive force claim is affirmed, and the illegal arrest claim is vacated and remanded.
• Reed v. HOY
  909 F.2d 324· 9th Cir.· 1989-12-15 ·cited 30×
  The court held that the jury instruction misstated the law by applying a substantive due process standard instead of the Fourth Amendment's objective reasonableness standard for excessive force claims.
• Palmerin v. City OF Riverside
  794 F.2d 1409· 9th Cir.· 1986-07-21 ·cited 28×
  The court held that guilty pleas were admissible as admissions of resistance and that the failure to object contemporaneously at trial after an unsuccessful motion in limine did not waive the appeal issue. The court also dismissed the appeal regarding the marijuana due to an inco
• Prosper v. Martin
  989 F.3d 1242· 11th Cir.· 2021-03-05 ·cited 27×
  The court held that the district court did not abuse its discretion in excluding expert testimony and did not err in granting summary judgment based on qualified immunity.
• Evett L. Simmons v. Ric Bradshaw
  879 F.3d 1157· 11th Cir.· 2018-01-10 ·cited 26×
  Dontrell Stephens was shot four times by Deputy Sheriff Adams Lin during a traffic stop in September 2013, resulting in permanent paralysis. A jury awarded Stephens $23,148,100 in damages for excessive force. The Eleventh Circuit affirmed summary judgment dismissing Stephens' Mon
• Reather Reynolds v. City OF Little Rock
  893 F.2d 1004· 8th Cir.· 1990-01-12 ·cited 26×
  The court held that the Equal Protection Clause prohibits governmental litigants from using peremptory challenges to exclude jurors based on race in civil cases, and that the City's refusal to justify its strikes required vacating the judgment for a Batson hearing.
• Wheatley v. Police Officers Robert Beetar
  637 F.2d 863· 2d Cir.· 1980-12-31 ·cited 26×
  The court should order a new trial on all issues, not just damages, because liability and damages are too intertwined.
• Clark v. Ziedonis
  513 F.2d 79· 7th Cir.· 1975-03-26 ·cited 24×
  The court held that the district court's finding that the officer used excessive force was not clearly erroneous, affirming the judgment.
• Powell v. Gardner
  891 F.2d 1039· 2d Cir.· 1989-12-13 ·cited 23×
  The court held that the evidence was sufficient to allow a jury to find that Officer Gardner used excessive force, thus reversing the directed verdict against him. However, the court affirmed the directed verdict for the County on the § 1983 claim due to lack of evidence of a mun
• Smith v. Freland
  954 F.2d 343· 6th Cir.· 1992-01-06 ·cited 22×
  The court held that the officer's use of deadly force was reasonable under the Fourth Amendment, even if the suspect was surrounded, because the suspect posed a significant threat of serious physical harm to others.
• Davis v. Mason Cnty.
  927 F.2d 1473· 9th Cir.· 1991-03-12 ·cited 22×
  The court held that the sheriff is not the final policymaker for deputy training under Washington law, and the jury instructions on municipal liability did not meet the deliberate indifference standard required by Canton v. Harris.
• Harrison v. Byrd
  765 F.2d 501· 5th Cir.· 1985-07-15 ·cited 22×
  The court held that the district court abused its discretion in denying the plaintiff's Rule 60(b) motion because it overlooked a timely filed affidavit that raised a material issue of fact regarding excessive force.
• Baxter v. Carson Hendren
  121 F.4th 873· 11th Cir.· 2024-11-13 ·cited 20×
  Deputy Jafet Santiago-Miranda fired ten shots into a vehicle that was accelerating toward him after he issued multiple commands for the driver to stop, killing two young occupants, and the plaintiffs sued for excessive force, failure to render medical aid, and battery. The Eleven
• Jackson v. Swanger
  97 F.4th 1343· 11th Cir.· 2024-04-05 ·cited 20×
  Amber Jackson sued Atlanta police officers Cody Swanger and Jeremiah Brandt under federal civil rights law, alleging they unlawfully seized her without reasonable suspicion and that Brandt failed to intervene when Swanger used excessive force against her during a chaotic encounte
• Raley v. Fraser
  747 F.2d 287· 5th Cir.· 1984-11-26 ·cited 20×
  A plaintiff who loses on a Section 1983 claim, even if successful on a pendent state law claim, is not a prevailing party entitled to attorney's fees under 42 U.S.C. § 1988.
• Ruiz v. Officer Jennifer Wing
  991 F.3d 1130· 11th Cir.· 2021-03-12 ·cited 18×
  A pro se motion for a new trial, even if stricken as unauthorized, tolls the time for filing a notice of appeal if filed within the time allowed by rule. However, the court affirmed the judgment as none of the appellant's claims had merit.
• Geitz v. Lindsey
  893 F.2d 148· 7th Cir.· 1990-01-19 ·cited 18×
  The court held that the trial court did not abuse its discretion in admitting limited evidence of the plaintiff's pending charges and prior convictions to show the defendants' state of mind and the reasonableness of their actions.
• Mark v. Caldwell
  754 F.2d 1260· 5th Cir.· 1985-03-11 ·cited 18×
  The court held that the alleged slapping, even if true, did not rise to the level of severe injury required for a § 1983 excessive force claim.
• Talmadge McDONALD, III v. Haskins
  966 F.2d 292· 7th Cir.· 1992-07-01 ·cited 16×
  The court held that the complaint sufficiently pleaded a violation of a clearly established constitutional right to survive a motion to dismiss based on qualified immunity.
• Wesson v. Lt. Roy Oglesby
  910 F.2d 278· 5th Cir.· 1990-09-05 ·cited 16×
  The court held that a prisoner's claims of excessive force and denial of medical treatment lacked an arguable legal basis, even though the magistrate improperly made credibility determinations.
• McDOWELL v. R.R. Rogers
  863 F.2d 1302· 6th Cir.· 1988-12-27 ·cited 16×
  A jury could find that the use of a nightstick on a handcuffed, non-resisting arrestee constituted an unreasonable seizure under the Fourth Amendment, even without proof of serious injury.
• Young v. City OF NEW Orleans
  751 F.2d 794· 5th Cir.· 1985-02-01 ·cited 16×
  The court affirmed the district court's rulings, finding no abuse of discretion in excluding expert testimony, granting directed verdicts on negligence claims, denying a new trial for inadequate damages, and dismissing counterclaims.
• Diggs v. Superintendent Edmond Lyons
  741 F.2d 577· 3d Cir.· 1984-07-30 ·cited 16×
  The majority opinion creates a circuit split by holding that in civil cases, the admission of prior felony convictions for impeachment of any witness is mandatory, outside the discretion of Rule 403.
• Stone v. City OF Chicago
  738 F.2d 896· 7th Cir.· 1984-07-20 ·cited 16×
  The court held that jury verdicts were not inconsistent and that the jury instruction regarding the burden of proof for defenses was not erroneous.
• Jules Gassner v. City OF Garland
  864 F.2d 394· 5th Cir.· 1989-02-02 ·cited 15×
  An officer is entitled to qualified immunity for an arrest if a reasonable officer could have believed there was probable cause for the charged offense or a related offense, and the force used was reasonable given the arrestee's resistance.
• Massop v. Coughlin
  770 F.2d 299· 2d Cir.· 1985-08-08 ·cited 15×
  The court held that the district court erred in sua sponte dismissing a pro se prisoner's complaint before service of process.
• Posr Amojo Posr v. N.Y. City Police Officer Kevin Doherty
  944 F.2d 91· 2d Cir.· 1991-09-10 ·cited 14×
  The court held that the district court erred in setting aside the jury's false arrest verdict against Officer Holihan and in its jury instructions on malicious prosecution, remanding both claims for a new trial.
• Gaudreault v. Municipality OF Salem
  923 F.2d 203· 1st Cir.· 1990-11-19 ·cited 14×
  Summary judgment for the defendant officers was appropriate because the force used was objectively reasonable, the plaintiff failed to identify his assailant for the assault claim, and the plaintiff did not demonstrate serious medical needs or harm from delayed treatment.