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

• Phillipe Dell Fargo v. City OF SAN Juan Bautista
  857 F.2d 638· 9th Cir.· 1988-09-16 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that a genuine issue of material fact exists as to whether the officer's conduct constituted gross negligence, thus reversing summary judgment on the Fourteenth Amendment claim against him. Summary judgment for other defendants was affirmed.
• Birdsell v. Bd. OF Fire & Police Comm'rs OF the City OF Litchfield
  854 F.2d 204· 7th Cir.· 1988-08-02 ·cited 8×·via Section 1983
  The court held that the district court erred in granting a directed verdict on the due process claim, as Birdsell presented sufficient evidence that he was not adequately notified that the meeting was a termination hearing.
• Parker v. Dist. OF Columbia
  850 F.2d 708· D.C. Cir.· 1988-06-17 ·cited 8×
  The court affirmed the jury's verdict, holding that a municipality can be liable under 42 U.S.C. § 1983 for deliberate indifference to systemic and grossly inadequate training, discipline, and supervision of its officers, provided there is a causal connection to the harm suffered
• Guzman v. City OF Cranston
  812 F.2d 24· 1st Cir.· 1987-02-25 ·cited 8×
  A supervisory official cannot be held liable under 42 U.S.C. § 1983 solely based on the actions of their subordinates; personal involvement or gross negligence must be alleged.
• Jaxie LEE v. Sheriff Bill Hutson & Cobb Cnty.
  810 F.2d 1030· 11th Cir.· 1987-02-19 ·cited 8×·via Section 1983
  The court held that alleged procedural errors in an administrative hearing, where state remedies exist, do not constitute a federal due process violation. However, a conclusory equal protection claim may survive dismissal.
• Maude Lanham v. Whitfield
  805 F.2d 970· 11th Cir.· 1986-12-09 ·cited 8×
  The court held that the trial court did not abuse its discretion in denying motions for a new trial, excluding evidence, limiting cross-examination, directing a verdict, or denying in forma pauperis status.
• Williams v. Butler
  802 F.2d 296· 8th Cir.· 1986-09-26 ·cited 8×·via Municipal Liability Under § 1983
  The City of Little Rock cannot be held liable for a judge's decision to fire an employee if the judge lacked final authority to establish municipal employment policy.
• Brown v. City of Clewiston
  644 F. Supp. 1417· S.D. Fla.· 1986-09-22 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that Officer Perez was entitled to qualified immunity because the law regarding the use of deadly force against fleeing felons was not clearly established in 1979, and his actions did not violate clearly established constitutional or statutory law.
• Deretich v. Off. OF Admin. Hearings
  798 F.2d 1147· 8th Cir.· 1986-08-13 ·cited 8×
  The court held that the district court did not err in denying motions for judgment notwithstanding the verdict or a new trial, nor in dismissing the First Amendment and Section 1985 claims, and that res judicata properly barred certain due process claims.
• Boston Env't Sanitation Inspectors Ass'n & John Curry v. City OF Boston
  794 F.2d 12· 1st Cir.· 1986-06-26 ·cited 8×·via § 1983
  The court held that appellants' federal claims were properly dismissed because they failed to avail themselves of adequate state remedies and because mere violations of state statutes or contracts do not constitute a deprivation of due process under § 1983.
• Bartholomew v. Fischl
  782 F.2d 1148· 3d Cir.· 1986-02-07 ·cited 8×
  The court held that the plaintiff's complaint against the city was improperly dismissed for failure to state a claim and that the lawsuit was not time-barred under the retroactively applied Wilson v. Garcia decision.
• Thibodeaux v. Elton A. Arceneaux
  768 F.2d 737· 5th Cir.· 1985-08-19 ·cited 8×
  The court held that the clerk of court was not liable under 42 U.S.C. § 1983 because there was no evidence of direct participation or causal connection between her actions and the plaintiff's arrest.
• Smith v. N. La. Med. Review Ass'n
  735 F.2d 168· 5th Cir.· 1984-06-28 ·cited 8×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that plaintiffs failed to establish a constitutionally protected property interest in the Waiver of Liability (WOL) presumption and that the NLMRA, as a federal entity, could not be sued under 42 U.S.C. § 1983 for state action.
• Annunziato v. THE GAN, Inc.
  744 F.2d 244· 2d Cir.· 1984-06-26 ·cited 8×
  The dissenting judge would affirm the award of attorney's fees, finding the appellees to be prevailing parties who succeeded on a significant issue through settlement, and that The Gan became a state actor by actively defending the suit.
• Clark v. T.V. Beville
  730 F.2d 739· 11th Cir.· 1984-04-23 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the evidence was sufficient to support the jury's verdict for actual and punitive damages, and that the district court did not err in denying summary judgment.
• McKEE v. Heggy
  703 F.2d 479· 10th Cir.· 1983-03-29 ·cited 8×·via Section 1983
  The court held that the notice provided to Mr. McKee before the sale of his car was insufficient to satisfy due process requirements, and that summary judgment for defendant Heggy was improperly granted.
• Chambers v. Marsh
  675 F.2d 228· 8th Cir.· 1982-04-14 ·cited 8×·via Section 1983
  The court held that Nebraska's legislative prayer practice, involving a paid chaplain of a single denomination and the publication of prayers, violates the Establishment Clause of the First Amendment.
• Balark v. Curtin
  655 F.2d 798· 7th Cir.· 1981-07-31 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court should reverse the denial of the motion to quash the garnishment summons based on the parties' stipulated agreement and Illinois public policy.
• State OF Mo. ex rel. Minnie E. T. Gore v. R. Dean Wochner, M.D.
  620 F.2d 183· 8th Cir.· 1980-04-15 ·cited 8×·via 42 U.S.C. § 1983 Violations
  The court held that violations of state law or city regulations, without infringement of federally protected rights, do not state a claim under 42 U.S.C. § 1983.
• Martinez v. Rosado
  614 F.2d 829· 2d Cir.· 1980-01-23 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the inmate's verified complaint sufficiently controverted the defendants' affidavits to raise triable issues of fact regarding an alleged beating by a prison guard, precluding summary judgment.
• Ronnei v. Butler
  597 F.2d 564· 8th Cir.· 1979-05-15 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the inmate's complaint failed to state a claim for a violation of civil rights under 42 U.S.C. § 1983, as it alleged at most negligence and not a constitutional deprivation.
• Reddin v. Israel
  561 F.2d 715· 7th Cir.· 1977-09-02 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that summary judgment was inappropriate because material issues of fact remained regarding whether the detainer deprived the prisoner of a protected liberty interest without due process.
• Keeton v. Guedry
  544 F.2d 199· 5th Cir.· 1976-12-16 ·cited 8×
  A Justice of the Peace is entitled to judicial immunity when issuing an arrest warrant, even if they express doubt about the eventual prosecution of the charge.
• Lokey v. Richardson
  527 F.2d 949· 9th Cir.· 1975-12-09 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that summary judgment was improper because the termination of a prisoner's minimum custody status, which resulted in significant deprivations, implicated a liberty interest protected by the Due Process Clause, requiring procedural safeguards.
• Sarteschi v. Burlein
  508 F.2d 110· 3d Cir.· 1975-01-06 ·cited 8×
  The court held that a civil rights action against state officials for alleged unconstitutional discharge is not barred by the Eleventh Amendment, even if relief requires official action, as long as it does not seek to collect from the state treasury.
• Moye v. The City OF Raleigh
  503 F.2d 631· 4th Cir.· 1974-10-01 ·cited 8×·via Municipal Liability Under § 1983
  The court held that federal courts should abstain from interfering with pending state criminal prosecutions, denying injunctive and declaratory relief, and dismissing damages claims without prejudice.
• Handverger v. Harvill
  479 F.2d 513· 9th Cir.· 1973-05-22 ·cited 8×
  University officials are entitled to the good faith defense in a § 1983 action when they reasonably believed the planned event involved illegal activity and sought legal counsel.
• Lehman v. The City OF Pittsburgh
  474 F.2d 21· 3d Cir.· 1973-02-21 ·cited 8×
  The court held that municipalities and their agencies are not 'persons' under 42 U.S.C. § 1983, but individual officials are. The equal protection claim regarding the durational residency ordinance requires further consideration.
• Woolsey v. Beto
  450 F.2d 321· 5th Cir.· 1971-10-28 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
• Livingston v. Garmire
  437 F.2d 1050· 5th Cir.· 1971-01-22 ·cited 8×·via § 1983
  The court held that subsections (a) and (f) of the Miami disorderly conduct ordinance were unconstitutional on their face due to vagueness and overbreadth, and thus affirmed the district court's judgment.
• Bailey v. Swindell
  89 F.4th 1324· 11th Cir.· 2024-01-08 ·cited 7×·via Section 1983
  The Eleventh Circuit held that the district court erred in granting judgment as a matter of law for the defendant officer on qualified immunity grounds, reversing the decision and reinstating the jury's verdict.
• Miami-Dade Cnty. v. Denis Cardoso
  963 So. 2d 825· Fla. 3d DCA· 2007-08-08 ·cited 7×
  Miami-Dade County appeals a jury verdict awarding Denis Cardoso $73,000 in damages for eight false arrest and/or imprisonment claims. The court affirms awards for past economic and non-economic damages but reverses the $10,000 award for future economic damages, finding insufficie
• Sherrod v. Palm Beach Cnty. Sch. Dist.
  424 F. Supp. 2d 1341· S.D. Fla.· 2006-03-26 ·cited 7×
  The court held that the school district is not liable under § 1983 because the plaintiff failed to establish that the final policymakers (the school board) endorsed or were legally responsible for the superintendent's alleged retaliatory actions.
• Salas v. Carpenter
  980 F.2d 299· 5th Cir.· 1992-12-16 ·cited 7×·via Section 1983
  The court held that the sheriff was entitled to qualified immunity because the plaintiffs failed to state a claim for a violation of clearly established constitutional law, and the sheriff's actions did not constitute an abuse of governmental power or a violation of due process.
• Scott v. O'Grady
  975 F.2d 366· 7th Cir.· 1992-09-16 ·cited 7×·via Section 1983
  The court held that sheriffs and deputy sheriffs in Illinois act as state officials when enforcing court orders, thus their actions in such capacity are barred by the Eleventh Amendment. The suit against them in their official capacities was dismissed.
• Auriemma v. Rice
  957 F.2d 397· 7th Cir.· 1992-02-28 ·cited 7×·via Municipal Liability Under § 1983
  A municipal official's final decision does not establish municipal policy if it violates existing local law or custom.
• Luna v. City & Cnty. OF Denver
  948 F.2d 1144· 10th Cir.· 1991-11-01 ·cited 7×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the trial court's finding of intentional discrimination based on national origin was not clearly erroneous, affirming the judgment for the plaintiff.
• Post v. City of Fort Lauderdale
  750 F. Supp. 1131· S.D. Fla.· 1990-11-15 ·cited 7×·via 42 U.S.C. § 1983 Liability For Municipalities
  Municipal departments are not proper parties to a lawsuit; only the municipality itself can be sued.
• Desio Rabal Pinto v. Universidad de Puerto RICO
  895 F.2d 18· 1st Cir.· 1990-01-29 ·cited 7×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the University is an arm of the state protected by the Eleventh Amendment and that the plaintiff's late-filed arguments for reconsideration were properly denied.
• McQUEEN v. J.A. Tabah
  839 F.2d 1525· 11th Cir.· 1988-03-18 ·cited 7×·via Section 1983
  The court held that the Florida prison regulations created a liberty interest in remaining in the general population, and the record did not conclusively show that the defendants were entitled to summary judgment based on lack of causation or qualified immunity.
• Thomas v. Booker
  762 F.2d 654· 8th Cir.· 1985-05-16 ·cited 7×
  The court held that the jury's final verdict should be given deference, and the magistrate's failure to clarify the jury's initial incomplete verdict did not constitute plain error.
• Natacha Jean-Francois v. The City of N. Miami
  S.D. Fla.· 2025-12-30 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court granted the motion for reconsideration, finding that the prior dismissal of Title VII claims may have been based on a misapprehension of the statutory authority required to issue a Notice of Right to Sue against a governmental entity.
• Cowart v. Duro
  2023 WL 5069482· M.D. Fla.· 2024-10-11 ·cited 6×·via Municipal Liability Under § 1983
  The court held that the plaintiff's amended complaint contained numerous deficiencies, including failure to state a claim, improper citation of statutes, and claims barred by immunity doctrines, requiring a second amended complaint.
• Sherika Franklin v. Popovich
  111 F.4th 1188· 11th Cir.· 2024-08-06 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The Eleventh Circuit held that the officer was entitled to qualified immunity because the plaintiff failed to show a violation of a clearly established constitutional right, as the suspect's actions could reasonably be perceived as a threat justifying deadly force.
• Waseem Daker v. Jackson
  942 F.3d 1252· 11th Cir.· 2019-11-15 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The Eleventh Circuit affirmed the district court's dismissal, holding that the plaintiff had accumulated at least three strikes under the PLRA and that the PLRA's three-strikes provision is constitutional.
• Pace v. City of Palmetto
  489 F. Supp. 2d 1325· M.D. Fla.· 2007-06-12 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officer was entitled to qualified immunity on the excessive force claim and statutory immunity on the assault and battery claim because his actions were objectively reasonable under the circumstances and did not violate clearly established law.
• Sloan v. Toler
  778 So. 2d 1094· Fla. 3d DCA· 2001-03-14 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  Sloan petitioned for a writ of certiorari to challenge the trial court's striking of his punitive damages claim in a § 1983 civil rights action. The Florida appellate court denied the petition, holding that certiorari review is not available to a plaintiff who has an adequate rem
• Tennant v. Florida
  111 F. Supp. 2d 1326· S.D. Fla.· 2000-01-13 ·cited 6×
  The court granted summary judgment for defendants on the federal civil rights claim, finding the state immune and the city not liable for failure to train. The state law claims were remanded.
• Anderson v. Steven R. Andrews, P.A.
  692 So. 2d 237· Fla. 1st DCA· 1997-04-23 ·cited 6×·via 42 U.S.C. § 1983 Claim Elements
  A legal malpractice action against an attorney who represented a pro se litigant in two federal civil rights cases. The court affirmed summary judgment on the Pittman case but reversed and remanded on the Harkins case, finding the trial court failed to address the malpractice cla
• Arenal v. City of Punta Gorda
  932 F. Supp. 1406· M.D. Fla.· 1996-07-17 ·cited 6×·via Municipal Liability Under § 1983
  The court held that a suspension with pay can constitute an injury in fact for standing purposes and that a public employee's speech on matters of public concern, even if related to employment duties, can be protected by the First Amendment. The court also found that a municipali