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

• Branchcomb v. Lou Brewer
  683 F.2d 251· 8th Cir.· 1982-07-14 ·cited 6×
  The court held that the trial court's finding of no deliberate indifference by the named defendants was not clearly erroneous, but vacated the dismissal of claims against two other defendants based on a change in the applicable statute of limitations.
• Otha Lee Conley v. Off. of the Pub. Def.
  653 F.2d 1241· 8th Cir.· 1981-07-21 ·cited 6×
  Witnesses are absolutely immune from civil rights actions under 42 U.S.C. § 1983 for testimony given in judicial proceedings.
• Powell v. Levit
  640 F.2d 239· 9th Cir.· 1981-02-19 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the admission of evidence of the plaintiff's prior juvenile adjudication and a sixteen-year-old criminal conviction was prejudicial error.
• Lucsik v. Bd. OF Educ. OF the Brunswick City Sch. Dist.
  621 F.2d 841· 6th Cir.· 1980-05-22 ·cited 6×
  The court held that a § 1983 claim cannot be based on attorneys' conduct in civil litigation unless malice is alleged and proven, as parties are generally free to resort to the courts.
• Seymour X. Cotton, Jr. v. Lockhart
  620 F.2d 670· 8th Cir.· 1980-05-05 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the prison's "publisher-only" rule for receiving books does not violate an inmate's First Amendment rights, as it is a rational response to institutional security concerns.
• Fayle v. Stapley
  607 F.2d 858· 9th Cir.· 1979-11-05 ·cited 6×
  The court held that while the state statutes themselves were constitutional, the application of those statutes to deprive Fayle of property without notice and a hearing violated his due process rights. The court also affirmed the dismissal of the claim against one defendant due t
• Saladino v. Winkler
  609 F.2d 1211· 7th Cir.· 1979-10-29 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the admission of evidence regarding the plaintiff's relationship with a witness, prior inconsistent statements, intoxication, and awareness of unlawful conduct was proper and did not deprive the plaintiff of a fair trial.
• Mrs. Carnell Russ v. Ratliff
  578 F.2d 221· 8th Cir.· 1978-07-10 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court did not abuse its discretion in denying plaintiffs leave to amend their complaint to add the City as a defendant, as the amendment would not relate back under Rule 15(c) due to prejudice and lack of mistake.
• Pence v. Rosenquist
  573 F.2d 395· 7th Cir.· 1978-02-02 ·cited 6×
  The court held that the employer's inconsistent actions regarding the plaintiff's appearance were arbitrary and thus a deprivation of liberty.
• Jorden v. Metro. Utils. Dist.
  498 F.2d 514· 8th Cir.· 1974-06-14 ·cited 6×
  A municipal corporation is not a 'person' amenable to suit under 42 U.S.C. § 1983, regardless of whether it performs governmental or proprietary functions.
• Faye Baggett Jackson v. Crockarell
  475 F.2d 746· 6th Cir.· 1973-03-28 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that instructing the jury on a theory of defense not raised by the pleadings or supported by evidence constitutes reversible error.
• Gibson v. City OF Seattle (Washington)
  472 F.2d 1220· 9th Cir.· 1973-01-19 ·cited 6×·via Municipal Liability Under § 1983
  The court held that a municipality is not a 'person' under the Civil Rights Act, but individual defendants can be sued for property seizure under the Act.
• Arunga v. Sgt. Weldon
  469 F.2d 675· 9th Cir.· 1972-11-15 ·cited 6×
• Alice T. Rodes ad Litem for Melania DeSzirmay v. Mun. Auth. OF the Borough OF Milford. Alice T. Rodes ad Litem
  409 F.2d 16· 3d Cir.· 1969-01-13 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the pro se plaintiff's complaint failed to state a claim for a federal civil rights violation, as it contained only conclusory allegations without specific facts supporting federal cognizance.
• Evans v. Buchanan
  256 F.2d 688· 3d Cir.· 1958-05-28 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The State Board of Education and Superintendent have the authority and duty to implement desegregation plans, and their fear of contempt due to local boards' non-compliance is not a valid defense.
• Ziahonna Teagan v. The City of McDonough
  949 F.3d 670· 11th Cir.· 2020-02-11 ·cited 5×·via Municipal Liability Under § 1983
  Ziahonna Teagan sued the City of McDonough for constitutional and state-law violations arising from her prosecution for failing to maintain automobile liability insurance, including claims that the city violated her Fourth, Sixth, and Fourteenth Amendment rights and falsely impri
• Connor v. Halifax Hosp. Med. Ctr.
  135 F. Supp. 2d 1198· M.D. Fla.· 2001-03-05 ·cited 5×
  The court adopted the Magistrate Judge's Report and Recommendation, granting most motions to dismiss except for the fifth count against Halifax Medical Center Foundation, Inc., and granting plaintiffs leave to amend their complaint.
• Hernandez v. Metro-Dade Cnty.
  992 F. Supp. 1365· S.D. Fla.· 1997-05-07 ·cited 5×
  The court held that a Section 1983 claim against the City for deliberate indifference, a false arrest/imprisonment claim against the City, and a false arrest/imprisonment claim against the officer could proceed, but a negligence claim against the City was dismissed.
• Morgan v. City OF Marmaduke
  958 F.2d 207· 8th Cir.· 1992-02-27 ·cited 5×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court did not err in excluding evidence of a prior incident involving Jetton and a motorcyclist, nor in its judgment for the City. However, the court reversed the judgment against Jetton, finding the admission of evidence regarding the Caraway inc
• Barima Inv. Co., Inc. v. United States
  771 F. Supp. 1187· S.D. Fla.· 1991-08-08 ·cited 5×·via 42 U.S.C. § 1983 Violations
  The court held that the plaintiff's inverse condemnation claim was not ripe for adjudication because the plaintiff failed to utilize available state procedures for obtaining compensation.
• Surplus Store & Exch., Inc. v. City OF Delphi
  928 F.2d 788· 7th Cir.· 1991-04-05 ·cited 5×·via Municipal Liability Under § 1983
  A municipality cannot be held liable under § 1983 for a constitutional violation merely by enforcing state law; a direct causal link between a municipal policy and the violation is required.
• Brisk v. City of Miami Beach
  726 F. Supp. 1305· S.D. Fla.· 1989-12-15 ·cited 5×·via § 1983
  When material factual issues are disputed at trial regarding a qualified immunity defense, the jury should resolve the factual disputes and determine whether a reasonable officer could have believed the conduct to be lawful.
• Prieto v. Metro. Dade Cnty.
  718 F. Supp. 934· S.D. Fla.· 1989-08-29 ·cited 5×
  The court held that Metropolitan Dade County's ordinance was constitutional and that the county was not liable under 42 U.S.C. § 1983 because the alleged constitutional violations were not pursuant to a county policy or custom.
• Lolita Parker v. Williams
  855 F.2d 763· 11th Cir.· 1988-09-20 ·cited 5×
  The court held that collateral estoppel cannot be applied against parties who have not had an opportunity to litigate the issue, even if the issue was litigated by another party in a prior action.
• Med. Laundry Serv. v. The Bd. OF Trs. OF the Univ. OF Ala.
  840 F.2d 840· 11th Cir.· 1988-03-23 ·cited 5×·via Section 1983
  A simple breach of contract by the State does not constitute a denial of procedural due process rights actionable under Section 1983.
• Am. Disposal Servs., Inc. v. O'Brien
  839 F.2d 84· 2d Cir.· 1988-02-09 ·cited 5×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court did not abuse its discretion in dismissing the federal civil rights action based on abstention principles under Colorado River due to parallel state court proceedings.
• Talbert v. Kelly
  799 F.2d 62· 3d Cir.· 1986-08-25 ·cited 5×·via Municipal Liability Under § 1983
  The court held that the city's policy was not unconstitutional and did not cause the plaintiffs' rights violation, nor was the city estopped from denying liability. The court reversed the district court's directed verdict on liability.
• Wing v. George Britton & the City of Springdale
  748 F.2d 494· 8th Cir.· 1984-11-26 ·cited 5×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury instructions regarding reasonable force and self-defense were proper, and that the district court correctly granted summary judgment for the city.
• Lopez v. City OF Austin
  710 F.2d 196· 5th Cir.· 1983-07-25 ·cited 5×·via 42 U.S.C. § 1983 Liability For Municipalities
  The court held that the employee failed to demonstrate a City custom or practice of discrimination and failed to show personal involvement by the supervisor, thus he is not entitled to relief under § 1983.
• Cooper, Jr. v. Fla. Dep't of Corr.
  2019 WL 5304078· M.D. Fla.· 2020-07-27 ·cited 4×
  The court held that the plaintiff failed to state a plausible claim against the FDOC, Corizon, the officers, and Warden Freeman due to insufficient factual allegations and lack of specificity.
• Doe v. Miami-Dade Cnty.
  797 F. Supp. 2d 1296· S.D. Fla.· 2011-05-23 ·cited 4×·via Municipal Liability Under § 1983
  The court granted summary judgment for the County, finding no evidence that the County breached its hiring policies or acted with deliberate indifference, and thus no basis for the plaintiff's state law negligence or federal civil rights claims.
• Fla. Fam. Ass'n v. Sch. Bd. of Hillsborough Cnty.
  494 F. Supp. 2d 1311· M.D. Fla.· 2007-06-28 ·cited 4×·via Municipal Liability Under § 1983
  The court adopted the magistrate judge's recommendation, granting summary judgment for the defendant because the email blocking was due to volume concerns, not content, and the plaintiffs failed to establish municipal liability based on policy or custom.
• Escobar v. Crosby
  363 F. Supp. 2d 1361· S.D. Fla.· 2005-03-22 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a prisoner must exhaust available administrative remedies before filing a federal civil rights suit, and failure to do so mandates dismissal.
• Pratus v. City OF Naples
  807 So. 2d 795· Fla. 2d DCA· 2002-02-22 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  Jeffrey and Carol Pratus appealed the dismissal of their civil rights complaint alleging that Naples police officers entered their home under false pretenses, conducted an illegal search, and violated their Fourth Amendment rights. The court affirmed dismissal as to certain defen
• Moody v. City OF KEY W.
  805 So. 2d 1018· Fla. 3d DCA· 2001-12-26 ·cited 4×
  This case involves an appeal from a summary judgment granted in favor of the City of Key West and its police officers. The plaintiffs alleged violations of 42 U.S.C. § 1983 and common law torts, including unlawful entry, wrongful arrest, and excessive force. The appellate court a
• Owens v. City of Fort Lauderdale
  174 F. Supp. 2d 1282· S.D. Fla.· 2001-09-20 ·cited 4×
  The court granted summary judgment for the City, finding that the officers' actions in restraining the individual did not constitute excessive force as a matter of law and that the officers were acting under color of state law.
• Card v. Miami-Dade Cnty. Fla.
  147 F. Supp. 2d 1334· S.D. Fla.· 2001-05-29 ·cited 4×·via Municipal Liability Under § 1983
  Forest Card sued Miami-Dade County for false imprisonment and civil rights violations under 42 U.S.C. § 1983 after being detained for 27 days pending a court-ordered psychiatric evaluation that was never performed. The district court granted summary judgment for the County on bot
• Lawrence v. Metro Dade Cnty.
  872 F. Supp. 957· S.D. Fla.· 1994-11-17 ·cited 4×·via Municipal Liability Under § 1983
  The court held that the plaintiff failed to present sufficient evidence to establish that the County had a custom or policy of excluding women from specialized units, and therefore, the County could not be held liable under 42 U.S.C. § 1983.
• Ward v. Hickey
  996 F.2d 448· 1st Cir.· 1993-06-15 ·cited 4×
  The court held that a teacher waived her right to a jury determination on the notice issue by failing to request a special interrogatory, and that the district court erred in applying the interrelated claims doctrine to deny attorneys' fees.
• Kane v. P.K. Hargis
  987 F.2d 1005· 4th Cir.· 1993-01-14 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court correctly denied summary judgment on the excessive force claim, finding the officer's conduct potentially violated clearly established law, and correctly granted summary judgment on the denial of medical treatment and malicious prosecution c
• Yeager v. City of McGREGOR
  980 F.2d 337· 5th Cir.· 1993-01-05 ·cited 4×·via Section 1983
  The court held that the McGregor Volunteer Fire Department (MVFD) was not a state actor, and therefore, the appellants' § 1983 claims against the MVFD, the City of McGregor, and Councilman Kirk failed.
• Angarita v. ST. Louis Cnty.
  981 F.2d 1537· 8th Cir.· 1992-12-09 ·cited 4×
  The court held that the evidence was sufficient to support the jury's finding that the appellees' resignations were involuntarily extracted, thus overcoming the presumption of voluntariness, and that sufficient evidence existed to hold Kleinknecht and St. Louis County liable unde
• Click v. Harlon Copeland
  970 F.2d 106· 5th Cir.· 1992-09-01 ·cited 4×·via Municipal Liability Under § 1983
  The court held that the sheriff was not entitled to qualified immunity because it was clearly established that retaliatory transfers for political activity violated the First Amendment, and there was sufficient evidence of causation to go to the jury.
• Lucien v. Preiner
  967 F.2d 1166· 7th Cir.· 1992-07-14 ·cited 4×
  Prosecutors are absolutely immune from liability under 42 U.S.C. § 1983 for statements made in executive clemency proceedings.
• Hudson v. McMillian
  962 F.2d 522· 5th Cir.· 1992-06-10 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the force used against the prisoner was unnecessary, wanton, and applied maliciously and sadistically to cause harm, violating the Eighth Amendment.
• Fiorenzo v. Nolan
  965 F.2d 348· 7th Cir.· 1992-06-04 ·cited 4×
  The court held that the plaintiffs failed to present sufficient evidence to establish that the transfers were ordered or ratified by officials with final policymaking authority, and that Chief Nolan was protected by qualified immunity.
• Bogan v. Stroud
  958 F.2d 180· 7th Cir.· 1992-03-18 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that defendants waived their right to appeal the jury's award of punitive damages without compensatory damages by failing to object to the jury instruction that permitted such an award.
• Apolinar "Paul" Benavides and Stella G. Benavides v. Cnty. OF Wilson & Marvin H. Baumann
  955 F.2d 968· 5th Cir.· 1992-03-05 ·cited 4×·via § 1983
  The court held that the plaintiffs failed to raise a fact issue regarding the county's deliberate indifference in hiring and training jail personnel, and that the wife's state-law claims were also insufficient.
• Anthony v. Baker
  955 F.2d 1395· 10th Cir.· 1992-02-05 ·cited 4×
  The court held that the law of the case doctrine barred reargument of absolute immunity for grand jury testimony, but not for preliminary hearing testimony.
• Newcomb v. Ingle
  944 F.2d 1534· 10th Cir.· 1991-08-28 ·cited 4×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  Title III of the Omnibus Crime Control and Safe Streets Act does not apply to a custodial parent intercepting a minor child's telephone conversations within the family home, and a prosecutor is entitled to absolute immunity for prosecutorial decisions.