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

• Dommer v. Crawford
  653 F.2d 289· 7th Cir.· 1981-07-07 ·cited 14×
  The court held that the prosecuting attorney cannot be held liable under 42 U.S.C. § 1983 for unlawful detention exceeding 24 hours because Indiana law vests the duty to bring arrestees before a magistrate within statutory limits solely with the city police, not the prosecutor.
• Jerry v. Francisco
  632 F.2d 252· 3d Cir.· 1980-10-14 ·cited 14×
  The court held that the magistrate applied an incorrect standard in dismissing the prisoner's claims against the warden and that the prisoner's motion for additional witnesses should be reevaluated.
• Graves v. Ennis J. Olgiati
  550 F.2d 1327· 2d Cir.· 1977-03-07 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that while the dismissal was improper on res judicata grounds, the prisoner's constitutional claims were patently without merit and thus properly dismissed as frivolous.
• Olshock v. Vill. OF Skokie
  541 F.2d 1254· 7th Cir.· 1976-09-17 ·cited 14×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the record did not sustain a finding of clear and intentional discrimination by the Board, and thus the plaintiffs failed to meet their burden of proof for constitutional violations.
• Williams v. Mary Ann Williams (formerly Walker)
  532 F.2d 120· 8th Cir.· 1976-03-31 ·cited 14×·via § 1983
  The court held that the prisoner's complaint was properly dismissed because the judge was immune from damages, the non-judicial defendants had no duty to provide notice, and injunctive/declaratory relief was barred by comity principles.
• Elmon Mims v. Bd. OF Educ. OF the City OF Chicago
  523 F.2d 711· 7th Cir.· 1975-09-24 ·cited 14×
  Although the court found plaintiffs' due process rights were violated by layoff procedures, they are not entitled to relief because the Board of Education is not a suable 'person' under § 1983 and the individual defendants are entitled to qualified immunity.
• Shirley v. Chagrin Falls Exempted Vill. Schs. Bd. OF Educ.
  521 F.2d 1329· 6th Cir.· 1975-09-16 ·cited 14×
  The court held that school board members are not liable for damages if they acted in good faith and reasonably believed their actions were constitutional, even if those actions later proved to violate clearly established law.
• Bergstralh v. Lowe
  504 F.2d 1276· 9th Cir.· 1974-08-06 ·cited 14×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court erred in ruling as a matter of law that the arrest was legal, as conflicting evidence required jury determination.
• Blue Martini Kendall, LLC v. Miami Dade Cnty. Fla.
  816 F.3d 1343· 11th Cir.· 2016-03-17 ·cited 13×·via 42 U.S.C. § 1983 Civil Rights Claim
  Blue Martini Kendall, LLC appealed a district court order granting summary judgment to Miami-Dade County on the County's indemnification claim under Florida Statute § 30.2905, which makes private employers responsible for acts or omissions of off-duty deputy sheriffs providing se
• Wynn v. City of Lakeland
  727 F. Supp. 2d 1309· M.D. Fla.· 2010-07-20 ·cited 13×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that summary judgment is granted for assault and negligence claims, but denied for excessive force and battery claims.
• Rosario v. Miami-Dade Cnty.
  490 F. Supp. 2d 1213· S.D. Fla.· 2007-05-08 ·cited 13×
  The court held that plaintiffs failed to state a claim for municipal liability under 42 U.S.C. § 1983 because they did not allege facts sufficient to show that the deprivation of constitutional rights resulted from a final policymaker's decision or an unconstitutional custom or p
• Burns v. Loranger
  907 F.2d 233· 1st Cir.· 1990-06-29 ·cited 13×·via Municipal Liability Under § 1983
  The court held that the officers were entitled to qualified immunity because their conduct in strip-searching the plaintiff was objectively reasonable under the circumstances, and thus did not violate clearly established Fourth Amendment rights.
• Zook v. Brown
  865 F.2d 887· 7th Cir.· 1989-01-17 ·cited 13×
  The court held that Standard 2.19 of the Sheriff's Department Operating Procedures Manual is constitutional both on its face and as applied to Deputy Zook, and that the application of Standard 4.4 was unconstitutional. The court also affirmed the denial of a jury trial for damage
• Webster v. Sowders
  846 F.2d 1032· 6th Cir.· 1988-05-18 ·cited 13×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that interim attorney fees and expert monitor costs awarded without findings on liability are not appealable interlocutorily and must be reversed and remanded. The court also held that a district court cannot impose Rule 11 sanctions for filing an appeal.
• Iacobucci v. City OF Newport
  785 F.2d 1354· 6th Cir.· 1986-03-20 ·cited 13×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the fingerprinting ordinance is constitutional as a valid exercise of police power, but the nude dancing ordinance requires further factual determination regarding the city's authority.
• Peraza v. Delameter
  722 F.2d 1455· 9th Cir.· 1984-01-03 ·cited 13×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the trial court did not abuse its discretion in admitting the police canine policy and evidence of subsequent bad acts, and that the jury instructions were adequate.
• Universal Amusement Co., Inc. v. Hofheinz
  646 F.2d 996· 5th Cir.· 1981-06-01 ·cited 13×
  Government officials sued in their official capacity cannot assert good faith immunity, as such suits are effectively against the governmental entity itself.
• Samedi v. Miami-Dade Cnty.
  134 F. Supp. 2d 1320· S.D. Fla.· 2001-01-26 ·cited 12×·via Section 1983
  Summary judgment is granted for Defendant White on claims of supervisory liability and retaliation, and for other defendants on various counts, due to lack of genuine issues of material fact.
• Stowell v. Ives
  976 F.2d 65· 1st Cir.· 1992-09-28 ·cited 12×·via 42 U.S.C. § 1983 Cause Of Action
  A recipient of benefits under the Aid to Families with Dependent Children (AFDC) program cannot bring an action under 42 U.S.C. § 1983 to enforce the terms of 42 U.S.C. § 1396a(c)(1) because that statute obligates the federal Secretary, not the state, to take action.
• Medina v. The City & Cnty. OF Denver
  960 F.2d 1493· 10th Cir.· 1992-03-31 ·cited 12×
  The court held that the officers were entitled to qualified immunity because the law regarding recklessness and police liability for third-party actions was not clearly established in 1986, and the City and County of Denver was entitled to summary judgment because the plaintiff f
• Oviatt v. Pearce
  954 F.2d 1470· 9th Cir.· 1992-01-15 ·cited 12×
  The court held that a jury could reasonably find Multnomah County liable under § 1983 for deliberate indifference to an inmate's liberty interest, and that the county was not immune from liability for false imprisonment under the Oregon Tort Claims Act.
• Marcus v. Carrasquillo
  782 F. Supp. 593· M.D. Fla.· 1992-01-09 ·cited 12×·via Municipal Liability Under § 1983
  The court held that plaintiff's allegations of a racially motivated custom or policy of ignoring complaints were sufficient to withstand a motion to dismiss, but First Amendment claims lacked factual support and punitive damages demands were premature.
• Herrick v. Collins
  914 F.2d 228· 11th Cir.· 1990-10-11 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Claim
  When a district court grants an in forma pauperis motion and requires a partial filing fee, it must issue the summons after the fee is paid, and should determine frivolousness before requiring payment.
• Bielevicz v. Officer J. Dubinon
  915 F.2d 845· 3d Cir.· 1990-09-28 ·cited 12×·via Municipal Liability Under § 1983
  The court held that the plaintiffs presented sufficient evidence to withstand a motion for directed verdict on the issue of whether their injuries were caused by the City's custom of arresting people for public intoxication without probable cause and with no intention of prosecut
• Ware v. Unified Sch. Dist. NO. 492
  902 F.2d 815· 10th Cir.· 1990-05-07 ·cited 12×·via Municipal Liability Under § 1983
  The majority holds the School District liable for violating Ware's First Amendment rights based on 'deliberate indifference,' despite the district court's findings.
• Ramirez v. Garcia
  898 F.2d 224· 1st Cir.· 1990-03-13 ·cited 12×
  The court held that negligent conduct is not actionable under 42 U.S.C. § 1983, but conduct reflecting reckless or callous indifference may be. The evidence against one defendant was insufficient for a § 1983 claim, while the other's joinder after the statute of limitations requi
• Crowder v. Sinyard
  884 F.2d 804· 5th Cir.· 1989-09-21 ·cited 12×·via Municipal Liability Under § 1983
  The court held that the removal of seized property to another state did not violate the plaintiffs' constitutional right of access to the courts, and that a new trial was required on the Fourth Amendment claim due to errors in qualified immunity and jury instructions.
• Jackson v. Ill. Prisoner Review Bd.
  856 F.2d 890· 7th Cir.· 1988-09-02 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that fees for an unsuccessful, unrelated ex post facto claim are not compensable under 42 U.S.C. § 1988, and that a fee award must be reduced to reflect partial success on a related claim.
• Chandler Nelson Hughes v. Halifax Cnty. Sch. Bd.
  855 F.2d 183· 4th Cir.· 1988-08-26 ·cited 12×·via Municipal Liability Under § 1983
  The court affirmed the district court's grant of directed verdicts and judgments notwithstanding the verdict, finding no error in the rulings on the § 1983 claims or the lost wages claim.
• Dodd v. City OF Norwich & Eric Larson
  827 F.2d 1· 2d Cir.· 1987-08-31 ·cited 12×·via Municipal Liability Under § 1983
  The court held that the accidental shooting of a suspect during a struggle does not constitute an unreasonable seizure under the Fourth Amendment, and therefore, neither the arresting officer nor the city can be held liable for a constitutional violation.
• Kladis v. Brezek
  823 F.2d 1014· 7th Cir.· 1987-06-10 ·cited 12×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court did not err in altering the judgment to enter judgment for the defendants on the claim that the plaintiff was not informed of the reasons for his arrest, as no constitutional right requires such notification.
• Evonne J. NEW v. City OF Minneapolis
  792 F.2d 724· 8th Cir.· 1986-06-04 ·cited 12×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that allegations of intentional excessive force by law enforcement implicate substantive due process rights, regardless of state tort remedies.
• Jones v. City OF Chicago
  787 F.2d 200· 7th Cir.· 1986-04-04 ·cited 12×·via Municipal Liability Under § 1983
  The court held that the City of Chicago was not liable under 42 U.S.C. § 1983 for the alleged sexual assaults by a physician, as the plaintiffs failed to demonstrate a policy or custom of deliberate indifference or tacit authorization by the City that led to their injuries.
• Williams v. The City OF Boston
  784 F.2d 430· 1st Cir.· 1986-02-25 ·cited 12×
  The court held that allegations of simple negligence by state officials do not state a claim for deprivation of liberty without due process of law under 42 U.S.C. § 1983, and claims based on a cover-up also failed to state a claim.
• Carroll v. Wilkerson
  782 F.2d 44· 6th Cir.· 1986-01-23 ·cited 12×·via Municipal Liability Under § 1983
  The court held that recent Supreme Court and circuit court decisions required reversal of the dismissal of claims against the sheriff, jail administrator, and the county.
• Easton v. The City OF Boulder
  776 F.2d 1441· 10th Cir.· 1985-10-28 ·cited 12×
  The court held that even if an arrest warrant affidavit contains negligent misrepresentations or omissions, it does not automatically invalidate the warrant if probable cause still exists based on the information presented. The court affirmed the directed verdict for the officers
• Four Seasons Apartment v. City OF Mayfield Heights
  775 F.2d 150· 6th Cir.· 1985-10-21 ·cited 12×·via Section 1983
  The court held that plaintiffs' Fifth Amendment taking claim is barred because they failed to utilize available state inverse condemnation procedures, and their Fourteenth Amendment procedural due process claim fails because the permit's rescission was either an unauthorized act
• Rymer v. Trooper H.A. Davis
  754 F.2d 198· 6th Cir.· 1985-02-11 ·cited 12×·via Municipal Liability Under § 1983
  A city can be liable under 42 U.S.C. § 1983 for failure to train its police officers if the training was so reckless or grossly negligent that future misconduct was almost inevitable or substantially certain to result. The evidence supported the jury's finding of such liability.
• Collins v. King
  743 F.2d 248· 5th Cir.· 1984-09-24 ·cited 12×·via Section 1983
  A prisoner's claim of a biased tribunal in a disciplinary hearing, absent allegations of constitutionally inadequate state post-deprivation remedies, does not state a procedural due process violation under the Fourteenth Amendment.
• Arney v. Dep't OF Natural Res.
  448 So. 2d 1041· Fla. 1st DCA· 1983-12-29 ·cited 12×
  Lawrence Arney appealed a summary judgment dismissing his false arrest, false imprisonment, and malicious prosecution claims against Department of Natural Resources officials following his arrest for failing to report an oil spill. The First District Court of Appeal reversed in p
• Tikalsky v. City OF Chicago
  687 F.2d 175· 7th Cir.· 1982-08-02 ·cited 12×·via Section 1983
  The court held that the district court abused its discretion by granting a new trial based on the reversal of a case that had minimal impact on the jury's deliberations and was not a basis for the jury's verdict.
• Heille v. The City OF ST. Paul
  671 F.2d 1134· 8th Cir.· 1982-02-26 ·cited 12×·via 42 U.S.C. § 1983 Violations
  The court held that the plaintiff failed to establish the requisite nexus with interstate commerce for his antitrust claims and that his § 1983 claims were also properly dismissed.
• Bolding v. Austin
  575 F.2d 461· 4th Cir.· 1978-04-26 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the complaint, which sought to have the federal district court assume supervision of the entire state prison system, failed to state a claim upon which relief could be granted and should have been dismissed.
• Stadium Films, Inc. v. Baillargeon
  542 F.2d 577· 1st Cir.· 1976-09-23 ·cited 12×
  Police officers are not liable for damages for negligent errors of law in seeking or executing search warrants, and plaintiffs failed to prove officers actually knew of constitutional defects.
• Greene v. City OF Memphis
  535 F.2d 976· 6th Cir.· 1976-05-13 ·cited 12×·via Municipal Liability Under § 1983
  The court held that the district court erred in dismissing the complaint for failure to state a claim under 42 U.S.C. § 1982 and § 1983.
• Kirkland v. The NEW York State Dep't OF Corr. Servs.
  531 F.2d 5· 2d Cir.· 1975-12-10 ·cited 12×·via Section 1983
  The court should have granted an en banc hearing to clarify the circuit's law on racial quotas as remedies for past discrimination, as such quotas are permissible to correct discriminatory effects.
• Quinton David Palmer v. Hall
  517 F.2d 705· 5th Cir.· 1975-08-15 ·cited 12×
  The court held that while the officer's shooting of the plaintiff was actionable under 42 U.S.C. § 1983, the Mayor was not liable because his statements did not proximately cause the shooting.
• Bracey v. Grenoble
  494 F.2d 566· 3d Cir.· 1974-03-18 ·cited 12×
  The court held that the district court's reliance on unadmitted interrogatory answers was impermissible, and thus, judgment for the defendant was not warranted.
• Yumich v. Cotter
  452 F.2d 59· 7th Cir.· 1971-10-13 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Claim
  The dissenting judge would affirm the lower court's judgment, disagreeing with the majority's reversal.
• Jewel A. Houp v. The State OF Neb.
  427 F.2d 254· 8th Cir.· 1970-06-08 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a retrial after a mistrial declared due to manifest necessity, or when the defendant requests a new trial, does not violate the Double Jeopardy Clause.