42 U.S.C. § 1983 Liability

521 Florida cases classified under this topic, plus 1,043 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Gilpin v. Am. Fed'n OF State, Cnty., & Mun. Emps., AFL-CIO
  875 F.2d 1310· 7th Cir.· 1989-05-24 ·cited 18×
  The court held that the plaintiffs failed to demonstrate harm from the union's inadequate notices regarding agency fees, and thus were not entitled to restitution or punitive damages. Class certification was also denied due to a conflict of interest.
• Pleasant v. Lovell
  876 F.2d 787· 10th Cir.· 1989-05-16 ·cited 18×
  The court held that the determination of whether an individual acted as a government agent for Section 1983 purposes, when credibility is not at issue, is a question of law for the court, not the jury.
• Erwin v. Cnty. OF Manitowoc
  872 F.2d 1292· 7th Cir.· 1989-04-19 ·cited 18×·via Municipal Liability Under § 1983
  The court held that the confusing jury verdict and inconsistent findings necessitated a new trial for all parties.
• Hernandez v. Denton
  861 F.2d 1421· 9th Cir.· 1988-11-23 ·cited 18×·via 42 U.S.C. § 1983 Violations
  A district court may dismiss a pro se in forma pauperis complaint as frivolous only if it lacks any "arguable substance in law or fact," and cannot dismiss based on credibility determinations of the allegations.
• Odessa L. Reeves v. Claiborne Cnty. Bd. OF Educ.
  828 F.2d 1096· 5th Cir.· 1987-10-05 ·cited 18×
  The court held that a public employee's truthful testimony in a civil lawsuit, even if neutral, constitutes protected speech under the First Amendment, and retaliation for such testimony warrants back pay and reinstatement.
• Ellena Harris v. City OF Pagedale
  821 F.2d 499· 8th Cir.· 1987-06-17 ·cited 18×·via Municipal Liability Under § 1983
  The court held that the evidence supported the jury's finding of a municipal custom of deliberate indifference to police misconduct, and that this custom proximately caused the plaintiff's assault, establishing municipal liability under 42 U.S.C. § 1983.
• Palmer v. City OF SAN Antonio
  810 F.2d 514· 5th Cir.· 1987-02-23 ·cited 18×
  The court held that the district court erred in dismissing the claims against the individual officers in their individual capacities, but correctly dismissed the claim against the city due to insufficient allegations of policy or custom.
• Mark v. Caldwell
  754 F.2d 1260· 5th Cir.· 1985-03-11 ·cited 18×·via 42 U.S.C. § 1983 (Excessive Force)
  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.
• Walden v. Wishengrad
  745 F.2d 149· 2d Cir.· 1984-09-18 ·cited 18×
  A government attorney performing duties analogous to a prosecutor, such as initiating proceedings to secure a witness's appearance, is entitled to absolute immunity from liability under 42 U.S.C. § 1983. Local governmental bodies cannot be held liable under § 1983 based on respon
• Ardith McPherson v. Rankin
  736 F.2d 175· 5th Cir.· 1984-07-12 ·cited 18×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  Summary judgment was inappropriate because substantial issues of material fact exist regarding the context and intent of the plaintiff's statement, which are crucial for determining First Amendment protection.
• Slayton v. Willingham
  726 F.2d 631· 10th Cir.· 1984-01-27 ·cited 18×·via Section 1983
  A nolo contendere plea in a state criminal case does not automatically bar a subsequent federal civil rights action under § 1983 for alleged constitutional violations, and the right to privacy can encompass avoiding disclosure of personal matters.
• Alden Werch v. City OF Berlin
  673 F.2d 192· 7th Cir.· 1982-03-17 ·cited 18×·via Municipal Liability Under § 1983
  The court held that the district court correctly dismissed the section 1983 suit for lack of subject matter jurisdiction due to the availability of adequate state remedies and properly awarded attorney's fees for a frivolous action.
• Harbulak v. Cnty. OF Suffolk
  654 F.2d 194· 2d Cir.· 1981-07-15 ·cited 18×·via Municipal Liability Under § 1983
  The court held that the district court abused its discretion in denying attorney's fees to the prevailing defendant because the civil rights action brought was frivolous and without foundation.
• Cannon v. Breed
  565 F.2d 1096· 9th Cir.· 1977-12-06 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that it lacked jurisdiction to review the dismissal of an alleged class action where the individual claim of the class representative had become moot and the class had not been properly certified by the district court.
• McDONALD v. State OF Ill.
  557 F.2d 596· 7th Cir.· 1977-06-15 ·cited 18×·via Municipal Liability Under § 1983
  The court held that the State of Illinois is immune from suit in federal court under the Eleventh Amendment, and that while defendant Weil's actions may have deprived plaintiff of a constitutional right, claims against municipalities under § 1983 require a policy or custom, not j
• Apolinar Navarette, Jr. v. Jiro J. Enomoto
  536 F.2d 277· 9th Cir.· 1976-02-09 ·cited 18×
  The court held that a prisoner's allegations of mail interference and termination of privileges for legal activities, if proven, state a claim under 42 U.S.C. § 1983, and that negligent deprivation of rights can be actionable under § 1983. Claims based on respondeat superior were
• Leonard v. Miss. State Prob. & Parole Bd.
  509 F.2d 820· 5th Cir.· 1975-03-17 ·cited 18×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the decision in Gates v. Collier should not be applied retroactively to require expungement of pre-Gates prison disciplinary records, and that the class action was properly brought under § 1983.
• Lilly Mae Onie Lee Whitelaw Hilliard v. Williams
  465 F.2d 1212· 6th Cir.· 1972-06-28 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Claim
  A prosecuting attorney is not absolutely immune from civil liability for acts outside his quasi-judicial capacity, such as deliberate suppression of exculpatory evidence.
• Accardi v. United States
  435 F.2d 1239· 3d Cir.· 1970-12-28 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court affirmed the dismissal of the complaint, holding that while the appellant's insanity might toll the New Jersey statute of limitations for Section 1983 claims, the United States is not a 'person' under Section 1983, and other claims were barred by statutes of limitations
• Sunflower Cnty. Colored Baptist Ass'n v. Trs. of Indianola Mun. Separate Sch. Dist.
  369 F.2d 795· 5th Cir.· 1966-12-01 ·cited 18×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the allegations in the removal petition were insufficient to meet the conditions for removal under 28 U.S.C. § 1443, as the eminent domain proceedings did not present a situation where federal rights would inevitably be denied.
• Ondrey v. Patterson
  884 So. 2d 50· Fla. 2d DCA· 2004-02-27 ·cited 17×
  A corrections officer sought immunity from a wrongful death lawsuit arising from an inmate's suicide in jail custody. The court held that disputed factual evidence about whether the officer disregarded the inmate's known suicide risk precluded summary judgment on both sovereign i
• Branch v. Lt. Randall A. Martin
  886 F.2d 1043· 8th Cir.· 1989-10-04 ·cited 17×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court failed to conduct the required de novo review of the magistrate's findings because it did not review the evidentiary hearing transcript or tape recording.
• Lucien Sherrod v. Berry
  827 F.2d 195· 7th Cir.· 1987-08-20 ·cited 17×
  The court held that the admission of evidence that the suspect was unarmed after the shooting was prejudicial and irrelevant, and that the jury instructions regarding prior misconduct were improper.
• Anela v. City OF Wildwood
  790 F.2d 1063· 3d Cir.· 1986-05-22 ·cited 17×
  The court held that a municipality's adherence to a state judge's illegal bail schedule, even if blatantly illegal, does not constitute a municipal policy for Monell liability purposes.
• Gonzales v. The City OF Peoria
  722 F.2d 468· 9th Cir.· 1983-12-16 ·cited 17×·via Municipal Liability Under § 1983
  Federal law does not preclude state and local police from enforcing criminal provisions of the Immigration and Naturalization Act, and Arizona law authorizes such arrests if supported by probable cause and constitutional procedures. However, detention at a police station constitu
• Wilson v. Beebe
  612 F.2d 275· 6th Cir.· 1980-01-04 ·cited 17×
  A § 1983 action will not lie against police supervisory officers for failure to prevent misconduct absent a showing of direct responsibility.
• Thurston v. Dekle
  578 F.2d 1167· 5th Cir.· 1978-08-28 ·cited 17×·via 42 U.S.C. § 1983 Liability For Municipalities
  The court held that municipalities can be sued under 42 U.S.C. § 1983 for constitutional violations implementing official policy, and vacated a back pay award for reconsideration in light of Monell.
• Moore v. Miami-Dade Cnty.
  502 F. Supp. 2d 1224· S.D. Fla.· 2007-07-18 ·cited 16×
  The court held that the plaintiff failed to state a claim against the county under 42 U.S.C. § 1983 and that the defendant officers were entitled to qualified immunity due to insufficient factual allegations.
• Dickinson v. Marla E. Gonzalez
  839 So. 2d 709· Fla. 3d DCA· 2003-01-02 ·cited 16×
  The Third District Court of Appeal reversed a damages judgment against the Florida Department of Highway Safety and Motor Vehicles and Trooper Jacqueline Gipson for false arrest and civil rights violations arising from an allegedly improper DUI arrest. The court held that the Dep
• Talmadge McDONALD, III v. Haskins
  966 F.2d 292· 7th Cir.· 1992-07-01 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  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.
• Caldwell v. City OF Elwood
  959 F.2d 670· 7th Cir.· 1992-04-01 ·cited 16×·via Municipal Liability Under § 1983
  A plaintiff must sufficiently allege that disciplinary action was taken because of constitutionally protected speech and, for municipal liability, must plead a custom or policy, not just a single incident.
• Manarite v. City OF Springfield
  957 F.2d 953· 1st Cir.· 1992-03-05 ·cited 16×
  The court held that the municipality and police chief were not liable under § 1983 for the detainee's suicide, as their actions did not rise to the level of deliberate indifference, and a minor child cannot assert a claim for loss of familial association when the state action was
• Wilson v. Mel Bailey
  934 F.2d 301· 11th Cir.· 1991-06-24 ·cited 16×·via Section 1983
  The court held that the district court did not err in granting summary judgment for the Personnel Board and the County, and that its findings regarding the Sheriff's promotion decisions were not clearly erroneous.
• Thelma D. and Dawn D. v. The Bd. OF Educ. OF the City OF ST. Louis
  934 F.2d 929· 8th Cir.· 1991-05-29 ·cited 16×
  A local governmental entity cannot be held liable under 42 U.S.C. § 1983 for a custom of failing to investigate or train unless there is a widespread pattern of misconduct and the entity had notice, which was not shown here.
• McEWEN v. The City OF Norman
  926 F.2d 1539· 10th Cir.· 1991-03-01 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the plaintiff failed to preserve most issues for appeal due to lack of contemporaneous objections at trial, and that the admitted evidence and jury instructions did not constitute plain error.
• Turner v. Upton Cnty.
  915 F.2d 133· 5th Cir.· 1990-09-11 ·cited 16×·via 42 U.S.C. § 1983 Liability For Municipalities
  A county can be held liable under 42 U.S.C. § 1983 for the actions of its sheriff if the sheriff is the final policymaker for law enforcement and abuses that authority, even without proof of an official county policy or custom.
• Wesson v. Lt. Roy Oglesby
  910 F.2d 278· 5th Cir.· 1990-09-05 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  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.
• Roman v. Jeffes
  904 F.2d 192· 3d Cir.· 1990-06-08 ·cited 16×·via Municipal Liability Under § 1983
  Dismissal of a complaint as frivolous under 28 U.S.C. § 1915(d) is inappropriate after service of process has been made on the defendants. Alternatively, the complaint had arguable merit, precluding such dismissal.
• Leach v. Shelby Cnty. Sheriff & Mayor of Shelby Cnty.
  891 F.2d 1241· 6th Cir.· 1989-12-20 ·cited 16×
  A municipality can be held liable under 42 U.S.C. § 1983 for deliberate indifference to a prisoner's serious medical needs, even if medical care is subcontracted, if the failure to supervise or the ratification of unconstitutional acts amounts to an official policy or custom.
• Mylett v. L.M. Jeane
  879 F.2d 1272· 5th Cir.· 1989-08-11 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court affirmed the denial of the motion for a new trial and the dismissal of defendant Adams, but remanded for clarification regarding the award of attorneys' fees.
• Meriwether v. Coughlin
  879 F.2d 1037· 2d Cir.· 1989-06-30 ·cited 16×
  The court held that a new trial should be granted on the First Amendment claim, and that the denial of judgment n.o.v. on the Eighth Amendment claim should be reversed.
• Davis OIL Co. v. Mills
  873 F.2d 774· 5th Cir.· 1989-05-15 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a foreclosing mortgagee acting under Louisiana's foreclosure procedures, which allow for the extinguishment of subordinate interests without actual notice to the holder of that interest, can be considered a state actor for Due Process Clause purposes, and that
• Johnson v. Kegans
  870 F.2d 992· 5th Cir.· 1989-04-24 ·cited 16×·via Section 1983
  Judges and prosecutors are absolutely immune from liability for damages for acts intimately connected with the judicial and parole-granting processes, and the plaintiff failed to state a claim for injunctive relief.
• RRI Realty Corp. v. The Inc. Vill. OF Southampton
  870 F.2d 911· 2d Cir.· 1989-03-29 ·cited 16×·via Municipal Liability Under § 1983
  The dissenting judge holds that RRI demonstrated a property interest protected by the Fourteenth Amendment because the Architectural Review Board failed to act on its permit application within the time prescribed by village code, thereby entitling RRI to the permit.
• Aurora Figueroa v. Hon. Awilda Aponte-Roque
  864 F.2d 947· 1st Cir.· 1989-01-04 ·cited 16×
  The court held that the Secretary of Education was not liable for the janitor's termination because the plaintiff failed to demonstrate a causal link between the Secretary's actions and the alleged harm. The court affirmed the jury's verdict for the clerical employees.
• McDOWELL v. R.R. Rogers
  863 F.2d 1302· 6th Cir.· 1988-12-27 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  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.
• Williams v. Butler
  863 F.2d 1398· 8th Cir.· 1988-12-21 ·cited 16×
  The acts of a municipal judge in discharging a court clerk are attributable to the City for purposes of 42 U.S.C. § 1983 liability, as the judge possesses final policymaking authority in employment matters concerning court clerks under state law.
• Video Int'l Prod., Inc. v. Warner-Amex Cable Commc'ns, Inc.
  858 F.2d 1075· 5th Cir.· 1988-10-31 ·cited 16×
  The City of Dallas cannot be held liable under the Sherman Act or section 1983 for issuing notices of zoning violations because these notices lacked legal finality and did not constitute a final determination causing concrete injury.
• Hammond v. Cnty. OF Madera
  859 F.2d 797· 9th Cir.· 1988-10-19 ·cited 16×
  The court held that the County's ratification of its subordinates' actions in acquiring improper deeds and incorporating roads without valid rights-of-way constituted reckless disregard for plaintiffs' constitutional rights, making the County liable under § 1983. The court also h
• Hines v. Sgt. William Boothe
  841 F.2d 623· 5th Cir.· 1988-04-06 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that negligence in losing legal mail does not state a claim under 42 U.S.C. § 1983, and alleged physical abuse by prison guards did not rise to the level of a constitutional claim.