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

• Faragher v. City of Boca Raton
  864 F. Supp. 1552· S.D. Fla.· 1994-07-22 ·cited 6×·via § 1983
  The court held that the City of Boca Raton was liable under Title VII for creating a hostile work environment due to severe and pervasive sexual harassment by its employees, Terry and Silverman, despite the existence of a sexual harassment policy, due to the City's failure to dis
• Colle v. Brazos Cnty.
  981 F.2d 237· 5th Cir.· 1993-01-20 ·cited 6×·via 42 U.S.C. § 1983 Violations
  The court held that the notice of appeal was insufficient to confer jurisdiction over all plaintiffs, but that claims against the county and sheriff were adequately pleaded under § 1983.
• Ali v. City of Clearwater
  807 F. Supp. 701· M.D. Fla.· 1992-11-20 ·cited 6×·via Municipal Liability Under § 1983
  The court held that a plaintiff need not exhaust administrative remedies under Section 504 of the Rehabilitation Act, but must do so under the Florida Human Rights Act. Claims under 42 U.S.C. § 1983 against a municipality require an allegation of policy or custom.
• Morgan v. Woessner
  975 F.2d 629· 9th Cir.· 1992-09-15 ·cited 6×·via Section 1983
  The court held that the district court correctly determined that the initial stop of Morgan was a seizure unsupported by reasonable suspicion, but remanded for further proceedings regarding punitive damages.
• Knight v. Harris D. Caldwell
  970 F.2d 1430· 5th Cir.· 1992-09-03 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the trial court's jury charge, which asked about injury before damages and did not require proof of 'significant injury,' was not plain error and was consistent with Supreme Court precedent.
• Niehus v. Vince Liberio and Frank Vittorio
  973 F.2d 526· 7th Cir.· 1992-08-20 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury's award for excessive force was supported by evidence, and that a loss of consortium claim cannot be brought under the Fourteenth Amendment's due process clause.
• Carleen Bowen v. City OF Manchester
  966 F.2d 13· 1st Cir.· 1992-06-05 ·cited 6×
  The court held that neither Officer DiSabato nor the City of Manchester or Police Chief King were deliberately indifferent to the risk of Mr. Bowen's suicide, and thus summary judgment for the defendants was appropriate.
• Hygh v. Jacobs
  961 F.2d 359· 2d Cir.· 1992-04-09 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that expert testimony stating an officer's conduct was 'totally improper' and 'not justified' crossed the line into legal conclusions, but was harmless error. The court also held that a dismissal 'in the interest of justice' does not constitute a favorable terminat
• Frohmader v. Deputy D. Wayne
  958 F.2d 1024· 10th Cir.· 1992-03-12 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the plaintiff presented sufficient evidence of excessive force under the Fourth Amendment's objective reasonableness standard and due process, but failed to present sufficient evidence of serious medical needs for an inadequate medical attention claim.
• Juriss v. McGOWAN
  957 F.2d 345· 7th Cir.· 1992-02-24 ·cited 6×
  The court held that neither officer is entitled to qualified immunity on the false arrest claim because a reasonable officer would have known that the arrest warrant was not supported by probable cause, given the circumstances and the officers' actions.
• McGEE v. Bauer
  956 F.2d 730· 7th Cir.· 1992-02-14 ·cited 6×·via Municipal Liability Under § 1983
  The court affirmed the district court's decisions, holding that the plaintiff failed to preserve his JNOV motion against the Village and that the building inspector was entitled to qualified immunity.
• Barber v. City OF Salem
  953 F.2d 232· 6th Cir.· 1992-01-07 ·cited 6×·via Municipal Liability Under § 1983
  The court held that the defendants were entitled to qualified immunity and that the City was not liable under § 1983 because the decedent's actions did not demonstrate a strong likelihood of suicide, thus not amounting to deliberate indifference to serious medical needs.
• Jiles v. Ingram
  944 F.2d 409· 8th Cir.· 1991-09-05 ·cited 6×
  The court held that the district court's finding of a Title VII disparate treatment violation against the City was not inconsistent with its finding that individual defendants did not intentionally discriminate, as discrimination by the City could be proven by the actions of its
• Jund v. The Town of Hempstead
  941 F.2d 1271· 2d Cir.· 1991-07-26 ·cited 6×
  The court held that unincorporated associations can be held liable under § 1983 based on authorization or apparent authority of their agents, not requiring proof of membership ratification. Federal law governs this issue, not state law.
• Yerardi's Moody St. Rest. & Lounge, Inc. v. Bd. OF Selectmen OF THE Town OF Randolph
  932 F.2d 89· 1st Cir.· 1991-05-09 ·cited 6×·via Municipal Liability Under § 1983
  The court held that the evidence of malicious intent was insufficient as a matter of law to support a jury's finding of an equal protection violation, rendering any instructional error harmless.
• Cooper v. Sheriff, Lubbock Cnty., Tex.
  929 F.2d 1078· 5th Cir.· 1991-04-30 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court erred in dismissing the prisoner's § 1983 claim for failure to state a claim, as the complaint alleged sufficient facts regarding unconstitutional deprivation of food and punishment without due process.
• Purvis v. Ponte
  929 F.2d 822· 1st Cir.· 1991-04-02 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that while the complaint was not frivolous, the plaintiff received sufficient procedural protections and failed to state a claim for an Eighth Amendment violation.
• McCORD v. Maggio
  927 F.2d 844· 5th Cir.· 1991-04-02 ·cited 6×
  The court held that the plaintiff inmate was subjected to cruel and unusual punishment in violation of the Eighth Amendment due to deplorable prison conditions, and that the defendant official was not entitled to qualified immunity under the circumstances.
• Erdman v. Cochise Cnty.
  926 F.2d 877· 9th Cir.· 1991-02-22 ·cited 6×
  A Rule 68 Offer of Judgment, once accepted, cannot be rescinded based on the offeror's unilateral mistake regarding the inclusion of attorney fees as 'costs' under 42 U.S.C. § 1988, especially when the offer's language is unambiguous.
• Gentile v. The Cnty. OF Suffolk
  926 F.2d 142· 2d Cir.· 1991-02-11 ·cited 6×·via Municipal Liability Under § 1983
  The dissenting judge argues that the jury's verdict was bizarre and inconsistent, and that the trial judge made numerous prejudicial errors regarding the admissibility of evidence and jury instructions.
• Mayfield v. Collins
  918 F.2d 560· 5th Cir.· 1990-12-07 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the prisoner's appeal was frivolous and dismissed it, imposing a sanction to prevent future waste of judicial resources.
• United Ass'n OF Black Landscapers v. City OF Milwaukee
  916 F.2d 1261· 7th Cir.· 1990-10-29 ·cited 6×·via Section 1983
  The court held that summary judgment was properly granted because the plaintiffs failed to establish a prima facie case of disparate impact by identifying specific discriminatory practices, and the individual claims failed to demonstrate pretext or qualification.
• Oldring v. Sch. Bd. OF Duval Cnty.
  567 So. 2d 519· Fla. 1st DCA· 1990-09-21 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  Theresa Oldring appealed the trial court's award of attorney's fees and costs to the School Board of Duval County in her § 1983 civil rights action. The appellate court reversed, holding that a defendant seeking attorney's fees under 42 U.S.C. § 1988 must establish the plaintiff'
• Stevenson v. Koskey
  877 F.2d 1435· 9th Cir.· 1989-06-26 ·cited 6×
• Praprotnik v. City OF ST. Louis
  879 F.2d 1573· 8th Cir.· 1989-06-21 ·cited 6×·via Municipal Liability Under § 1983
  The court held that the plaintiff failed to establish municipal liability under 42 U.S.C. § 1983 because the supervisors responsible for his transfer and termination lacked final policymaking authority and there was no evidence of an unconstitutional municipal policy.
• Kinan v. City OF Brockton
  876 F.2d 1029· 1st Cir.· 1989-06-02 ·cited 6×
  The court affirmed the directed verdicts and jury findings, holding that the trial court did not err in excluding evidence, directing verdicts, or in its jury instructions.
• Shields v. Burge
  874 F.2d 1201· 7th Cir.· 1989-05-15 ·cited 6×
  The court held that while the allegations of governmental interference with a psychotherapeutic relationship may implicate a right of privacy, the right is not sufficiently established to overcome qualified immunity at this stage.
• Samarzia v. Clark Cnty.
  859 F.2d 88· 9th Cir.· 1988-10-03 ·cited 6×·via Municipal Liability Under § 1983
  The court held that a directed verdict was appropriate for the section 1983 due process claim due to lack of policymaker involvement, but reversed the directed verdict on the age discrimination claim, finding sufficient evidence of pretext for a jury to consider.
• Liffiton v. Keuker
  850 F.2d 73· 2d Cir.· 1988-06-21 ·cited 6×·via Municipal Liability Under § 1983
  Prosecutors are entitled to absolute immunity for judicial acts but only qualified immunity for investigative acts, and municipal liability requires proof of a policy. Claims against the state, a justice, a prosecutor for investigative acts, the county, and bank employees were pr
• Steele v. VAN Buren Pub. Sch. Dist.
  845 F.2d 1492· 8th Cir.· 1988-05-06 ·cited 6×·via Municipal Liability Under § 1983
  The court held that the school district violated the First Amendment's establishment clause by permitting teacher-led prayer at mandatory school functions, and the case was not moot despite the teacher ceasing the practice and one student graduating.
• Levi v. Univ. OF Tex. AT SAN Antonio
  840 F.2d 277· 5th Cir.· 1988-03-23 ·cited 6×·via § 1983
  The court held that a rational trier of fact could not find the university's tenure decision irrational, and insufficient evidence was presented for the conspiracy claim.
• Frett v. Gov't OF THE Virgin Islands
  839 F.2d 968· 3d Cir.· 1988-02-17 ·cited 6×
  The court held that the Government of the Virgin Islands and its officials could be held liable under 42 U.S.C. § 1983 for reckless disregard of an inmate's safety, allowing judgments exceeding territorial tort claim limits.
• Williams v. Adams
  836 F.2d 958· 5th Cir.· 1988-02-05 ·cited 6×·via 42 U.S.C. § 1983 Violations
  The court held that the defendant's actions were not a significant contributing cause of the plaintiff's arrest, thus summary judgment was appropriate.
• Alioto v. City OF Shively
  835 F.2d 1173· 6th Cir.· 1987-12-29 ·cited 6×·via Municipal Liability Under § 1983
  Police officers testifying before a grand jury are absolutely immune from liability for their testimony, and municipalities cannot be held liable under § 1983 on a respondeat superior theory.
• Dethorn Graham v. City OF Charlotte
  827 F.2d 945· 4th Cir.· 1987-08-25 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the Fourth Amendment, not the Eighth Amendment, governs claims arising from investigatory stops, and the reasonableness of the seizure is a jury question.
• Mairena v. Foti
  816 F.2d 1061· 5th Cir.· 1987-05-18 ·cited 6×
  The court held that the evidence supported the jury's finding that the District Attorney's office's failure to have a procedure for canceling material witness warrants constituted a custom or policy that violated the plaintiff's constitutional rights, and that the jury's damage a
• Rocky v. Vittorie
  813 F.2d 734· 5th Cir.· 1987-04-07 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a district court erred in dismissing an inmate's civil rights suit for failure to exhaust administrative remedies without considering whether the inmate made a good faith attempt to do so.
• Carter v. Jasper Greg Rogers
  805 F.2d 1153· 4th Cir.· 1986-11-26 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury verdicts were inconsistent and that the evidence supported a finding for the plaintiff on both federal excessive force and state assault and battery claims, requiring a new trial.
• Gargiul v. Tompkins
  790 F.2d 265· 2d Cir.· 1986-05-14 ·cited 6×·via Section 1983
  The dissent argues that New York res judicata law does not preclude the plaintiff's section 1983 claim, and that the majority erred in considering the good-faith immunity defense.
• Meeker v. Kercher
  782 F.2d 153· 10th Cir.· 1986-01-22 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  A guardian ad litem is not acting under color of state law for purposes of 42 U.S.C. § 1983, and a parent cannot represent minor children in federal court if the parent is not an attorney.
• Guillermina Cortes Quinones and Alberto Almodovar Medina v. Nettleship
  773 F.2d 10· 1st Cir.· 1985-09-13 ·cited 6×
  The court held that the defendants' affidavits were insufficient to establish the absence of a genuine issue of material fact, and thus summary judgment was not warranted.
• Werle v. R.I. BAR Ass'n
  755 F.2d 195· 1st Cir.· 1985-02-25 ·cited 6×
  The court held that even if the appellees were state actors, they were entitled to absolute or qualified immunity from damages liability under 42 U.S.C. § 1983 for their actions in investigating and sending a cease and desist letter regarding the unauthorized practice of law.
• Gussie Davis v. Mansfield Metro. Hous. Auth.
  751 F.2d 180· 6th Cir.· 1984-12-28 ·cited 6×
  The court held that while procedural due process rights were violated by the housing authority's denial of hearings, the required hearings for initial applicants and program participants were less extensive than ordered by the trial court, and damages for mental suffering were no
• Milligan v. The City OF Newport News
  743 F.2d 227· 4th Cir.· 1984-09-19 ·cited 6×·via Municipal Liability Under § 1983
  A municipality cannot be held liable under 42 U.S.C. § 1983 for the negligent acts of its employees unless those acts were taken pursuant to an official policy, practice, or custom of the municipality.
• Winnie Marchant v. City OF Little Rock
  741 F.2d 201· 8th Cir.· 1984-08-21 ·cited 6×
• Dick v. Watonwan Cnty.
  738 F.2d 939· 8th Cir.· 1984-07-11 ·cited 6×
  The court held that a broad delegation of discretion to individual employees to exercise their judgment does not constitute an official policy sufficient to establish municipal liability under 42 U.S.C. § 1983.
• Hitt v. COX
  737 F.2d 421· 4th Cir.· 1984-06-21 ·cited 6×
  The court held that the retroactive cancellation of insurance coverage was voidable due to mutual mistake, and the insured's failure to provide prompt written notice was excused. The conditional portion of the settlement was deemed unreasonable.
• Sullivan v. Carignan
  733 F.2d 8· 1st Cir.· 1984-04-27 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the plaintiff's due process rights were not violated by the Board's denial of his CPA license renewal without a formal hearing.
• Hart v. Dudley Walker
  720 F.2d 1443· 5th Cir.· 1983-12-16 ·cited 6×·via Municipal Liability Under § 1983
  The court held that while the county could be liable for compensatory damages and attorney fees assessed against an official acting in his official capacity, the record was insufficient to establish that the official's actions were taken pursuant to county policy or custom, requi
• Salinas v. Chief Harold Breier
  695 F.2d 1073· 7th Cir.· 1982-12-22 ·cited 6×
  The concurring judge concurs based on the assumption of probable cause for the arrests, which would preclude a constitutional tort claim.