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

• Williams v. Police Officer Gould & City of Los Angeles
  486 F.2d 547· 9th Cir.· 1973-10-17 ·cited 10×
  Good faith belief is a defense to damages claims under 42 U.S.C. § 1983 for warrantless entry into a home to arrest a felon.
• Slate v. McFETRIDGE
  484 F.2d 1169· 7th Cir.· 1973-08-30 ·cited 10×
  The court held that it was error to deny plaintiffs' motion for a directed verdict on their due process claim, as the defendants failed to provide prompt administrative action on their permit application.
• Boettger v. Moore
  483 F.2d 86· 9th Cir.· 1973-07-31 ·cited 10×
  Higher city officials are not vicariously liable under 42 U.S.C. § 1983 for the acts of lower officials when state law does not impose such liability.
• Goldie Ann Betts v. Bd. OF Educ. OF the City OF Chicago
  466 F.2d 629· 7th Cir.· 1972-08-25 ·cited 10×·via Section 1983
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, as the plaintiff failed to show a reasonable probability of success on the merits of her due process or state statutory claims.
• Otto v. Hon. Frank R. Somers
  332 F.2d 697· 6th Cir.· 1964-06-05 ·cited 10×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the district court correctly dismissed the taxpayer's complaint for lack of federal jurisdiction, as no civil rights violations under the Fourteenth Amendment were demonstrated.
• Wromas v. Banker
  2023 WL 5745494· N.D. Fla.· 2025-07-01 ·cited 9×·via 42 U.S.C. § 1983 Civil Rights Claim
  A pro se prisoner's failure to accurately disclose prior litigation history on a court-required complaint form, even if due to misunderstanding, warrants dismissal without prejudice as a malicious abuse of the judicial process.
• DeMarcus v. Univ. of S. Ala.
  133 F.4th 1305· 11th Cir.· 2025-04-10 ·cited 9×·via 42 U.S.C. § 1983 Violations
  The court held that the players' allegations did not establish violations of Title IX or 42 U.S.C. § 1983, affirming the district court's dismissal.
• Hoffman v. Smith
  2024 WL 3898011· M.D. Fla.· 2024-12-13 ·cited 9×
  The court held that the plaintiff failed to meet his initial burden of proving the relevance of his discovery requests, and the requests were also objectionable as irrelevant, overly broad, or disproportionate.
• Iwoinakee Gebray Harris-Billups v. Milele Anderson
  61 F.4th 1298· 11th Cir.· 2023-03-13 ·cited 9×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officer's use of deadly force was objectively reasonable under the Fourth Amendment, entitling her to qualified immunity.
• Pete's Towing Co. v. City of Tampa
  648 F. Supp. 2d 1276· M.D. Fla.· 2009-08-13 ·cited 9×·via Municipal Liability Under § 1983
  The court adopted the magistrate judge's report and recommendation, granting summary judgment for the defendants and denying the plaintiff's objections.
• Geidel v. City of Bradenton Beach
  56 F. Supp. 2d 1359· M.D. Fla.· 1999-06-09 ·cited 9×·via Municipal Liability Under § 1983
  The court granted in part and denied in part the defendants' motions to dismiss, finding that while some claims against individual officers were sufficiently pleaded, others against the City and official capacities were not.
• Hazel v. Sch. Bd. of Dade Cnty.
  7 F. Supp. 2d 1349· S.D. Fla.· 1998-05-08 ·cited 9×·via Municipal Liability Under § 1983
  The court granted in part and denied in part the motion to dismiss, finding that the plaintiff stated claims for subject matter jurisdiction, quid pro quo sexual harassment under Title VII, and under the Florida Civil Rights Act, while dismissing other claims with or without prej
• Showers v. City of Bartow
  978 F. Supp. 1464· M.D. Fla.· 1997-09-24 ·cited 9×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the plaintiff failed to state sufficient factual allegations to support claims under Title VII, § 1981, and § 1983, and also failed to exhaust administrative remedies for the Title VII claim, but denied dismissal for lack of jurisdiction over the state law cla
• Garner Gregory v. The City OF Rogers
  974 F.2d 1006· 8th Cir.· 1992-09-09 ·cited 9×
  The court held that the plaintiffs presented sufficient evidence to withstand summary judgment, as a reasonable factfinder could conclude officers knew of the passengers' intoxication and the driver's designated status.
• Sivard v. Pulaski Cnty.
  959 F.2d 662· 7th Cir.· 1992-04-01 ·cited 9×·via Municipal Liability Under § 1983
  The court held that a 17-day detention without being charged before a judicial officer raises genuine issues of material fact regarding unconstitutional detention under § 1983, precluding summary judgment. Claims for inadequate medical care and malpractice are not cognizable unde
• Dotson v. Lemuel Chester
  937 F.2d 920· 4th Cir.· 1991-06-05 ·cited 9×·via Municipal Liability Under § 1983
  The county is liable for the sheriff's actions regarding the county jail because the sheriff possesses final policymaking authority for the county in that capacity, and the county is also responsible for supplemental attorneys' fees incurred in collecting the original award.
• Ruge v. City OF Bellevue
  892 F.2d 738· 8th Cir.· 1989-12-26 ·cited 9×·via Municipal Liability Under § 1983
  The court held that a complaint alleging a city's deliberate policy of not shoring ditches, leading to an employee's death, sufficiently states a claim under 42 U.S.C. § 1983 to survive a motion to dismiss.
• Miller v. Lovett
  879 F.2d 1066· 2d Cir.· 1989-07-17 ·cited 9×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court erred in instructing the jury on excessive force using an outdated subjective standard and in dismissing the state-law claims.
• Fla. Pawnbrokers & Secondhand Dealers Ass'n v. City of Fort Lauderdale
  711 F. Supp. 1084· S.D. Fla.· 1989-05-03 ·cited 9×·via Municipal Liability Under § 1983
  A municipality is liable for attorney's fees under 42 U.S.C. § 1988 when it enforces an unconstitutional statute, even if it did not enact the statute, and its choice to defend the suit does not constitute a special circumstance to avoid liability.
• DEL A. v. Edwards
  855 F.2d 1148· 5th Cir.· 1988-09-28 ·cited 9×·via Section 1983
  The dissent argues that the court should have considered the legal sufficiency of the plaintiffs' claims, concluding that no federal cause of action exists for damages against state officials under the Adoption Assistance Act.
• Geter v. Wille
  846 F.2d 1352· 11th Cir.· 1988-06-14 ·cited 9×
  Supervisory officials cannot be held liable under 42 U.S.C. § 1983 for the acts of their subordinates solely on the basis of respondeat superior or the mere right to control without evidence of personal participation or a policy/custom causing the injury.
• Love v. King
  784 F.2d 708· 5th Cir.· 1986-03-12 ·cited 9×
  The court held that a municipality is not vicariously liable under 42 U.S.C. § 1983 for employee acts absent policy or custom, and that mere negligence by a government official does not constitute an abuse of power actionable under § 1983 for a due process violation.
• Gilmere v. City OF Atlanta
  737 F.2d 894· 11th Cir.· 1984-07-09 ·cited 9×
  The court held that the City of Atlanta could not be held liable under 42 U.S.C. § 1983 for the actions of its police officers absent an official policy or custom, and that the officers' conduct, being random and unauthorized, was remedied by Georgia's post-deprivation tort law,
• Houston Welf. Rights Org., Inc. v. Vowell
  555 F.2d 1219· 5th Cir.· 1977-07-13 ·cited 9×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that Texas' policy of prorating shelter and utility expenses when a non-AFDC recipient shares a residence violates federal regulations, and this violation tainted the averaging process for its flat-grant system, requiring recalculation of the standard of need.
• Bankshot Billiards, Inc. v. City OF Ocala
  634 F.3d 1340· 11th Cir.· 2011-03-11 ·cited 8×·via Municipal Liability Under § 1983
  Bankshot Billiards challenged a City of Ocala ordinance restricting entry of persons under twenty-one to alcohol-serving establishments, claiming the ordinance was unconstitutionally vague under the Fourteenth Amendment. The district court declared the ordinance facially vague an
• Jordan v. Miami-Dade Cnty.
  439 F. Supp. 2d 1237· S.D. Fla.· 2006-07-13 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the plaintiff failed to exhaust administrative remedies and improperly sued for mental and emotional injuries without alleging physical injury, requiring dismissal of the complaint.
• Nat. Aacp v. Fla. Corr.
  122 F. Supp. 2d 1335· M.D. Fla.· 2000-09-21 ·cited 8×·via Section 1983
  The court affirmed the magistrate judge's order allowing plaintiffs to conduct ex parte interviews of current and former employees of the Department of Corrections, subject to specific guidelines and protective measures.
• Kris Lindquist v. Woronka
  706 So. 2d 358· Fla. 4th DCA· 1998-01-28 ·cited 8×
  Kris Lindquist appeals the dismissal of his § 1983 civil rights action against police officers who arrested him while intoxicated and then released him near a police station, after which he was struck by a vehicle causing severe permanent injuries. The court affirmed dismissal, h
• Searer v. Wells
  837 F. Supp. 1198· M.D. Fla.· 1993-11-18 ·cited 8×·via Municipal Liability Under § 1983
  The court denied motions to dismiss, finding that the plaintiff's allegations, particularly in the amended complaint, sufficiently stated claims for federal civil rights violations and state law assault and battery, and that claims could be pleaded in the alternative.
• Schebel v. Charlotte Cnty.
  833 F. Supp. 889· M.D. Fla.· 1993-10-05 ·cited 8×
  The court granted the defendant's motion to strike the plaintiff's second amended complaint and ordered the plaintiff to file a new pleading due to lack of cohesiveness and clarity, and failure to obtain leave of court.
• Boddie v. City OF Columbus
  989 F.2d 745· 5th Cir.· 1993-04-14 ·cited 8×·via Municipal Liability Under § 1983
  The court held that a public employee's claim of discharge for union association does not require proof that the association touched on a matter of public concern, and that Chief Gale was not entitled to qualified immunity because the law was clearly established in 1987.
• Reed v. Trooper Gardner
  986 F.2d 1122· 7th Cir.· 1993-02-23 ·cited 8×
  Police officers may be liable under section 1983 if their affirmative actions create a dangerous situation or render citizens more vulnerable to danger than they otherwise would have been. However, a fetus cannot bring a claim under section 1983, and an appeal filed with "et al."
• Eugenio L. Rodriguez v. Holmes
  963 F.2d 799· 5th Cir.· 1992-06-24 ·cited 8×·via Section 1983
  The court held that the statute of limitations for the pro se litigant's civil rights action was tolled during the pendency of his state court proceedings, and therefore the action was timely filed.
• Orlean Hopkins v. Andaya
  958 F.2d 881· 9th Cir.· 1992-03-05 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that summary judgment was inappropriate because genuine issues of material fact existed regarding the reasonableness of the officer's use of deadly force, and the dismissal of the state wrongful death claim was also improper.
• Buckey v. Cnty. OF LOS Angeles
  968 F.2d 791· 9th Cir.· 1992-02-19 ·cited 8×·via 42 U.S.C. § 1983 Violations
  The court held that the plaintiff should be allowed to amend her complaint to potentially state a claim for conspiracy under color of state law to deny due process and equal protection.
• Russo v. City OF Cincinnati
  953 F.2d 1036· 6th Cir.· 1992-01-15 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  The City may be held liable for failure to adequately train its police officers in the use of deadly force against mentally disturbed individuals if the failure amounts to deliberate indifference.
• Soc'y OF Separationists, Inc. v. Herman
  939 F.2d 1207· 5th Cir.· 1991-08-28 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a generic objection to making any formal declaration of truthfulness, without specifying the objectionable element, does not constitutionally excuse a witness from taking an oath or affirmation.
• Woods v. City OF Mich. City
  940 F.2d 275· 7th Cir.· 1991-08-15 ·cited 8×
  A state statute creating a right to release does not, by itself, create a federal constitutional right to a pre-deprivation hearing when that right is allegedly violated.
• Malvin W. Brubaker v. City OF Richmond
  943 F.2d 1363· 4th Cir.· 1991-08-08 ·cited 8×·via Municipal Liability Under § 1983
  The court affirmed the district court's imposition of Rule 11 sanctions, finding that the plaintiffs' claims were not well-grounded in fact or warranted by existing law after reasonable inquiry.
• Lorna Cassady v. Thurman Tackett
  938 F.2d 693· 6th Cir.· 1991-07-24 ·cited 8×
  The court held that the defendant's actions, while potentially constituting a state law tort, did not rise to the level of a Fourth Amendment seizure because there was no law enforcement interest involved.
• Leffler v. Meer
  936 F.2d 981· 7th Cir.· 1991-07-12 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court did not abuse its discretion in reducing the plaintiffs' attorney's fees and denying Rule 11 sanctions, but vacated and remanded the award of attorney's fees to the Commissioners.
• Garner Gregory v. The City OF Rogers
  921 F.2d 750· 8th Cir.· 1990-12-12 ·cited 8×·via Municipal Liability Under § 1983
  The court held that the state's affirmative act of removing the designated driver created a dangerous situation, potentially implicating a due process violation if the officers' conduct was reckless.
• Foster v. Metro. Airports Comm'n
  914 F.2d 1076· 8th Cir.· 1990-09-20 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  An arresting officer's subjective motive is irrelevant to a Fourth Amendment unlawful arrest claim if probable cause exists for the arrest. The use of force during an arrest is judged by an objective reasonableness standard, considering the totality of the circumstances.
• Dorina Mateyko v. Felix
  913 F.2d 744· 9th Cir.· 1990-09-06 ·cited 8×
  The court affirmed the trial court's judgment, holding that the appellant failed to present an adequate record for review of certain claims, and that a plaintiff who loses on federal claims and only prevails on a pendent state claim is not a prevailing party for attorney's fees u
• James v. T.G. Sadler
  909 F.2d 834· 5th Cir.· 1990-08-28 ·cited 8×
  The court held that the district court abused its discretion in denying the motion to amend the complaint to add federal agents and improperly granted summary judgment for the Yazoo City officers regarding the pat-down search, but properly dismissed the negligence claim.
• Baucher v. E. Ind. Prod. Credit Ass'n & William Buchanan
  906 F.2d 332· 7th Cir.· 1990-07-13 ·cited 8×
  The court held that the plaintiffs failed to establish causation for their due process and conversion claims, and that one plaintiff's appeal was procedurally defective.
• Wilks v. Young
  897 F.2d 896· 7th Cir.· 1990-03-14 ·cited 8×
  The court held that the jury instructions on Eighth Amendment liability were flawed by failing to include objective knowledge of risk, and that supervisory liability instructions should have been given. However, the state law negligence claim was properly dismissed based on Wisco
• Redman v. Cnty. OF SAN Diego
  896 F.2d 362· 9th Cir.· 1990-02-13 ·cited 8×
  The court should reverse the directed verdict and allow a jury to determine if the government's conduct amounted to deliberate indifference to the inmate's safety.
• Martin v. Guillot
  875 F.2d 839· 11th Cir.· 1989-06-14 ·cited 8×·via Section 1983
  The court held that the university's administrative staff member received adequate procedural due process and that the termination decision was supported by substantial evidence, thus denying reinstatement. The court reversed the contempt finding and sanction against the universi
• Davis v. Hon. Thomas C. Crush
  862 F.2d 84· 6th Cir.· 1988-11-23 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court abused its discretion in imposing Rule 11 sanctions because the plaintiffs' civil rights complaint did not necessarily reflect a lack of reasonable inquiry into the facts or law.