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

• Garrett v. Rader
  831 F.2d 202· 10th Cir.· 1987-10-13 ·cited 16×
  The court held that the law requiring protection of personal security for inmates was clearly established at the time of the inmate's death, thus denying qualified immunity at the summary judgment stage.
• Commonwealth Bank & Tr. Co., N.A. v. Dale "Bill" Russell
  825 F.2d 12· 3d Cir.· 1987-08-10 ·cited 16×
  The court held that the plaintiffs' claim under 42 U.S.C. § 1983 was too remote a consequence of the defendants' actions to establish liability, as the Lents were members of the general public and not in a special relationship with the county officials.
• Lopez v. Houston Indep. Sch. Dist.
  817 F.2d 351· 5th Cir.· 1987-05-26 ·cited 16×
  Summary judgment for the school district and supervisors was proper, but summary judgment for the bus driver was not, as genuine issues of material fact exist regarding his liability under 42 U.S.C. § 1983 for callous indifference.
• Paisey v. Honorable Linda L. Vitale
  807 F.2d 889· 11th Cir.· 1986-12-23 ·cited 16×·via Section 1983
  The court held that merely filing a state court action, even if retaliatory, does not constitute "under color of state law" for a Section 1983 claim, and thus the plaintiff failed to state a claim for injunctive relief.
• Deane v. Dunbar
  777 F.2d 871· 2d Cir.· 1985-11-26 ·cited 16×
  The court held that prison officials are not liable under 42 U.S.C. § 1983 for placing inmates in protective custody without due process because the law regarding prisoners' procedural rights was not clearly established at the time of the conduct.
• van Ooteghem v. Hartsell Gray
  774 F.2d 1332· 5th Cir.· 1985-10-29 ·cited 16×
  A Texas county is liable for its Treasurer's unconstitutional firing of an employee, but reinstatement is not appropriate when a new Treasurer with appointment power has been elected; attorney fees were improperly calculated.
• Young v. City OF NEW Orleans
  751 F.2d 794· 5th Cir.· 1985-02-01 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  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×·via 42 U.S.C. § 1983 (Excessive Force)
  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×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that jury verdicts were not inconsistent and that the jury instruction regarding the burden of proof for defenses was not erroneous.
• Fletcher Altman Smith v. Heath
  691 F.2d 220· 6th Cir.· 1982-09-29 ·cited 16×
  The court held that a supervisory official cannot be held liable under § 1983 for the actions of subordinates unless the supervisor personally participated in or affirmatively authorized the misconduct.
• Hillis v. Stephen F. Austin State Univ.
  665 F.2d 547· 5th Cir.· 1982-01-11 ·cited 16×·via Section 1983
  The court held that the district court clearly erred in its factual findings regarding the plaintiff's First Amendment claims and that the plaintiff would not have been renewed regardless of any protected activity.
• Imam ALI Abdullah Akbar v. Canney
  634 F.2d 339· 6th Cir.· 1980-11-05 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Claim
  Prison officials are not constitutionally required to change their records to reflect a prisoner's adopted name.
• Sala v. Cnty. OF Suffolk
  604 F.2d 207· 2d Cir.· 1979-08-17 ·cited 16×
  The court held that a municipality is afforded immunity from damages under § 1983 when its policy was not constitutionally infirm under then-existing law and there was no evidence of bad faith by those formulating the policy.
• Annabel Stoddard v. Sch. Dist. NO. 1
  590 F.2d 829· 10th Cir.· 1979-01-05 ·cited 16×
  The court held that a school district could be liable under 42 U.S.C. § 1983 for the actions of its Board of Trustees, and that a jury's finding of bad faith and constitutionally impermissible reasons for non-renewal, despite a general verdict against individual defendants, could
• Chestnut v. City OF Quincy
  513 F.2d 91· 5th Cir.· 1975-05-21 ·cited 16×
  A police chief is not liable under 42 U.S.C. § 1983 for an officer's shooting if the chief had no knowledge of specific prior misconduct and no active control over the incident.
• Adkins v. The Duval Cnty. Sch. Bd.
  511 F.2d 690· 5th Cir.· 1975-04-21 ·cited 16×·via Municipal Liability Under § 1983
  A Florida school board is not a "person" within the meaning of 42 U.S.C.A. § 1983, and therefore federal courts lack subject matter jurisdiction over claims brought solely against a school board under this statute.
• Black v. Brown
  513 F.2d 652· 7th Cir.· 1975-03-20 ·cited 16×
  The court held that the dismissal of the plaintiff's claims for monetary and declaratory relief regarding denial of procedural due process, denial of access to courts, and cruel and unusual punishment was improper.
• Beaumont v. Morgan
  427 F.2d 667· 1st Cir.· 1970-06-08 ·cited 16×
  The court held that the evidence was insufficient to support jury verdicts against the doctors, as they acted in good faith and in conformity with statutory procedures, and plaintiff failed to show deprivation of federally protected rights.
• Burge v. Ferguson
  619 F. Supp. 2d 1225· M.D. Fla.· 2008-12-16 ·cited 15×·via Section 1983
  The court held that the complaint sufficiently alleged claims for malicious prosecution against Ferguson and a supervisory liability claim against Nieman, but failed to state claims for excessive force and conspiracy against Ferguson and Bowlin.
• Walker v. The City OF NEW York
  974 F.2d 293· 2d Cir.· 1992-09-04 ·cited 15×·via Municipal Liability Under § 1983
  A municipality can be liable under § 1983 for a district attorney's deliberate indifference in failing to train or supervise prosecutors regarding Brady obligations, and for police officers' perjury, if such failures amount to deliberate indifference and are the proximate cause o
• Jules Gassner v. City OF Garland
  864 F.2d 394· 5th Cir.· 1989-02-02 ·cited 15×·via 42 U.S.C. § 1983 (Excessive Force)
  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×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court erred in sua sponte dismissing a pro se prisoner's complaint before service of process.
• Brown v. The City OF Palmetto
  681 F.2d 1325· 11th Cir.· 1982-08-02 ·cited 15×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a motion for attorney's fees under 42 U.S.C. § 1988 was timely filed, but the denial of fees for the appeal was an abuse of discretion.
• The Florida BAR v. Kelsay Dayon Patterson
  257 So. 3d 56· Fla.· 2018-10-19 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Claim
  The Florida Supreme Court reviewed a disciplinary case against attorney Kelsay Dayon Patterson, who represented a client in litigation against the City of Homestead. The Court found Patterson guilty of violating multiple Bar Rules, including conflict of interest, impugning judici
• Pottinger v. City of Miami
  810 F. Supp. 1551· S.D. Fla.· 1992-11-16 ·cited 14×·via Municipal Liability Under § 1983
  The court held that the City of Miami's custom and practice of arresting homeless individuals for essential life-sustaining activities in public places violated their constitutional rights, warranting injunctive relief.
• Rhyne v. Henderson Cnty.
  973 F.2d 386· 5th Cir.· 1992-09-14 ·cited 14×·via Municipal Liability Under § 1983
  The plaintiff failed to prove that the defendant-municipality acted with deliberate indifference towards the mental health needs of pretrial detainees, despite a detainee's suicide.
• Posr Amojo Posr v. N.Y. City Police Officer Kevin Doherty
  944 F.2d 91· 2d Cir.· 1991-09-10 ·cited 14×·via 42 U.S.C. § 1983 (Excessive Force)
  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.
• Donaghy v. City OF Omaha
  933 F.2d 1448· 8th Cir.· 1991-05-24 ·cited 14×·via Section 1983
  The court held that a plaintiff challenging race-conscious employment decisions made pursuant to a consent decree must prove the decree was not remedial or not narrowly tailored, and that the trial court properly granted a directed verdict when no such evidence was presented.
• Fields v. City OF S. Houston
  922 F.2d 1183· 5th Cir.· 1991-02-01 ·cited 14×·via Municipal Liability Under § 1983
  The court held that federal law governs false arrest claims under § 1983, and probable cause is sufficient for a valid arrest, but genuine issues of material fact remain regarding excessive force and denial of medical attention for a pretrial detainee. Municipalities are not enti
• Gaudreault v. Municipality OF Salem
  923 F.2d 203· 1st Cir.· 1990-11-19 ·cited 14×·via 42 U.S.C. § 1983 (Excessive Force)
  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.
• Eclophia Smith, Jr. v. Marcantonio
  910 F.2d 500· 8th Cir.· 1990-08-06 ·cited 14×
  Prison officials are entitled to qualified immunity when their conduct does not violate clearly established rights and they did not know or should not have known their conduct violated such rights.
• Wisniewski v. Kennard
  901 F.2d 1276· 5th Cir.· 1990-05-29 ·cited 14×·via 42 U.S.C. § 1983 (Excessive Force)
  A material issue of fact exists regarding the use of excessive force, which should have precluded summary judgment.
• Eugenia Rodriguez v. Avita
  871 F.2d 552· 5th Cir.· 1989-05-01 ·cited 14×·via Municipal Liability Under § 1983
  A municipality cannot be held liable under 42 U.S.C. § 1983 for a single incident of alleged police misconduct stemming from inadequate training, absent evidence of a pattern of similar incidents or widespread incompetence.
• Evans v. McKAY
  869 F.2d 1341· 9th Cir.· 1989-03-16 ·cited 14×·via Municipal Liability Under § 1983
  The court held that the plaintiffs sufficiently pleaded a claim under 42 U.S.C. § 1981 against individual defendants and a claim under 42 U.S.C. § 1983 against individual police officers, tribal defendants, and the City of Browning, but affirmed the dismissal of the § 1983 claim
• McCONNEY v. The City OF Houston
  863 F.2d 1180· 5th Cir.· 1989-01-23 ·cited 14×
  A municipal policy does not need to be unconstitutional in itself to support Section 1983 liability if the policy causes a predicate unconstitutional act.
• Perez v. Simmons
  884 F.2d 1136· 9th Cir.· 1988-10-26 ·cited 14×·via Section 1983
  The court held that a search warrant is required to enter a third party's home to arrest a suspect, even if the suspect is a guest, unless exigent circumstances exist. The court also held that the claim against the City for inadequate training must be retried under the 'deliberat
• Hill Stokes v. Bullins
  844 F.2d 269· 5th Cir.· 1988-05-10 ·cited 14×·via Municipal Liability Under § 1983
  A municipality's gross negligence in hiring an officer, without more, does not establish a constitutional violation under 42 U.S.C. § 1983, nor does it satisfy the "policy" requirement for municipal liability.
• Scrivner v. Andrews
  816 F.2d 261· 6th Cir.· 1987-04-20 ·cited 14×·via 42 U.S.C. § 1983 Cause Of Action
  The Adoption Assistance Act does not create a federal statutory right to "meaningful visitation" enforceable under 42 U.S.C. § 1983, and the mother's due process claim failed as she ultimately received a hearing.
• Palmer v. City OF Decatur
  814 F.2d 426· 7th Cir.· 1987-03-12 ·cited 14×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that dismissing a pro se, incarcerated plaintiff's case with prejudice for failure to obtain counsel and respond to a motion within a short timeframe, without adequate notice, constituted an abuse of discretion.
• Sullivan v. The City OF Pittsburgh
  811 F.2d 171· 3d Cir.· 1987-01-23 ·cited 14×·via Section 1983
  The court held that the federal plaintiffs had standing, the district court did not err in refusing to abstain, the statute of limitations did not bar the claims, and the district court did not violate the Full Faith and Credit Act.
• Freeman v. Blair
  793 F.2d 166· 8th Cir.· 1986-06-04 ·cited 14×·via Section 1983
  The court held that the officials were not entitled to absolute immunity for decisions to inspect without a warrant or for license suspensions, and that the law regarding warrantless administrative searches and due process for license suspensions was clearly established, thus den
• Sharpley v. C.W. Davis
  786 F.2d 1109· 11th Cir.· 1986-04-15 ·cited 14×·via Section 1983
  Federal courts must give full faith and credit to state court judgments, precluding litigation of issues that were or could have been raised in state proceedings.
• Crawford v. Edmonson
  764 F.2d 479· 7th Cir.· 1985-06-13 ·cited 14×
  The court held that the trial court did not abuse its discretion in admitting evidence of the deceaseds' prior misconduct and the testimony of a robbery victim, nor did it err in denying a motion for a directed verdict on liability for the shooting of one of the deceaseds.
• Pinto v. Nettleship
  737 F.2d 130· 1st Cir.· 1984-06-21 ·cited 14×
  Summary judgment for the defendant superintendent was proper because the plaintiffs failed to raise a genuine issue of material fact regarding his personal involvement in the deprivation of the decedent's constitutional rights, as liability under § 1983 requires personal action o
• Woodard v. LOS Fresnos Indep. Sch. Dist.
  732 F.2d 1243· 5th Cir.· 1984-05-29 ·cited 14×·via Section 1983
  A high school student's request for corporal punishment instead of suspension, even if a deviation from school rules, does not constitute a denial of constitutional rights if state courts provide adequate remedies.
• Neola N. Howard v. Fortenberry
  723 F.2d 1206· 5th Cir.· 1984-02-02 ·cited 14×
  Summary judgment for most defendants is affirmed, but reversed and remanded for the Director of Corrections and the sanitarians due to disputed material facts regarding their duties and potential breaches.
• Vela v. White
  703 F.2d 147· 5th Cir.· 1983-04-18 ·cited 14×
  The court affirmed the district court's findings, holding that some plaintiffs were unlawfully arrested without probable cause and deprived of due process, while others were lawfully arrested or their claims failed.
• Powell v. Shopco Laurel Co. & Robert K. Skeen
  678 F.2d 504· 4th Cir.· 1982-05-18 ·cited 14×
  A private employer cannot be held liable under 42 U.S.C. § 1983 solely on the basis of respondeat superior.
• Engblom v. Carey
  677 F.2d 957· 2d Cir.· 1982-05-03 ·cited 14×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the Third Amendment's protection against quartering troops extends to individuals with a lawful occupation or possession interest in a house, not just fee simple owners. It also held that while the state's emergency justified summary eviction without pre-depri
• Blake v. Hall
  668 F.2d 52· 1st Cir.· 1981-12-18 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court erred in finding no constitutional violations regarding cell block conditions and the New Man's Section, and that inmate conduct does not absolve the prison administration of its responsibility to maintain constitutional conditions.