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

• Kirk v. Davis
  936 F.2d 971· 7th Cir.· 1991-07-11 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the evidence presented a jury question as to whether the defendants had reason to suspect the plaintiff's injuries were serious immediately after arrest and at the police station.
• Houston v. Reich
  932 F.2d 883· 10th Cir.· 1991-05-07 ·cited 4×·via Municipal Liability Under § 1983
  The court held that the district court erred in ordering the City to pay judgments against individual officers after the City had been dismissed from the action, and that the Oklahoma Governmental Tort Claims Act did not apply because the officers' conduct, as indicated by puniti
• Richard E. Pfeiffer, M.D. v. Hartford Fire Ins. Co.
  929 F.2d 1484· 10th Cir.· 1991-04-05 ·cited 4×
  The court held that state attorneys are absolutely immune from liability for actions intimately associated with the judicial process, including initiating and pursuing disciplinary proceedings and plea-bargaining-like offers, but not for wrongful dissemination of information to t
• Harris v. Dugger
  757 F. Supp. 1359· S.D. Fla.· 1991-01-02 ·cited 4×·via Section 1983
  The court granted summary judgment for the defendants, finding no genuine issue of material fact regarding the plaintiff's free exercise and due process claims, and upholding the defendants' qualified immunity.
• Raben-Pastal v. City OF Coconut Creek
  573 So. 2d 298· Fla.· 1990-12-06 ·cited 4×·via Municipal Liability Under § 1983
  A municipality cannot be held liable under 42 U.S.C. § 1983 for a building official's refusal to withdraw a stop-work order because the official lacks final policy-making authority under state law. The building official's decisions are subject to review by the Board of Rules and
• Hernandez v. Denton
  919 F.2d 573· 9th Cir.· 1990-11-21 ·cited 4×·via 42 U.S.C. § 1983 Violations
• Collins v. The City OF Harker Heights
  916 F.2d 284· 5th Cir.· 1990-11-02 ·cited 4×·via Municipal Liability Under § 1983
  A § 1983 action against a municipality for an employee's death requires an abuse of governmental power, not merely negligence or failure to train, especially in an employer-employee context.
• Johnson v. Hardin Cnty.
  908 F.2d 1280· 6th Cir.· 1990-07-20 ·cited 4×·via Municipal Liability Under § 1983
  The court held that there was insufficient evidence to establish county liability for the prisoner's mistreatment, but the jury could find the individual jail officials deliberately indifferent to his serious medical needs. The attorney's fees award was reversed for reconsiderati
• Patrick v. The City OF Detroit
  906 F.2d 1108· 6th Cir.· 1990-06-28 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that while the district court erred in limiting cross-examination on the extent of injuries, this error was relevant only to damages, not liability, and thus a new trial is required solely on the amount of compensatory damages.
• Guidry v. Broussard
  897 F.2d 181· 5th Cir.· 1990-03-27 ·cited 4×
  The court held that summary judgment for the school board should be affirmed because there was no official policy sufficient to impose liability for any constitutional wrong, and any claim against the counselor was barred by qualified immunity.
• HAY v. The City OF Irving
  893 F.2d 796· 5th Cir.· 1990-02-08 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that while the jury's excessive force findings were supported by evidence, the conspiracy claim was improperly submitted, and damages for constitutional deprivation were impermissible.
• Dorman v. Dist. OF Columbia
  888 F.2d 159· D.C. Cir.· 1989-10-27 ·cited 4×
  The court held that the evidence presented was insufficient to justify submitting the case to the jury, as the District's training policies did not amount to deliberate indifference to the rights of persons in custody.
• Miller v. Emery Leathers
  885 F.2d 151· 4th Cir.· 1989-09-12 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The dissenting judge believes a genuine issue of material fact exists regarding the use of force, precluding summary judgment.
• Wayman L. Prince v. Poulos
  876 F.2d 30· 5th Cir.· 1989-06-22 ·cited 4×·via 42 U.S.C. § 1983 Violations
  The court held that the district court did not abuse its discretion in dismissing the complaint with prejudice as a sanction for discovery abuse, and that the awards of attorney's fees and costs were proper.
• Felipa Monreal Rodriguez v. Handy
  873 F.2d 814· 5th Cir.· 1989-05-26 ·cited 4×
  A judgment against the United States under the FTCA bars any action against the government employee whose conduct gave rise to the claim, and attorney's fees and costs against the employees must also be vacated.
• Allen v. Carroll R. Lowder
  875 F.2d 82· 4th Cir.· 1989-05-23 ·cited 4×
  The court held that supervisory officials Johnson and Rice were entitled to qualified immunity and reversed the denial of their summary judgment motion, while Lowder was not entitled to absolute immunity and the denial of his motion was affirmed.
• Chaloux v. Vaughn Killeen
  873 F.2d 1274· 9th Cir.· 1989-05-01 ·cited 4×
  County sheriffs are not liable under 42 U.S.C. § 1983 for enforcing state garnishment statutes, as they acted ministerially without final policymaking authority.
• Jackson v. Crews
  873 F.2d 1105· 8th Cir.· 1989-05-01 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury instructions were proper, the damages and attorney fees awards were supported by the evidence, and the defendant's other claims of error lacked merit. The court affirmed the district court's judgment.
• Llewellyn Douglas Green and Julie Green v. Elcy Inman
  539 So. 2d 614· Fla. 4th DCA· 1989-03-22 ·cited 4×
  Plaintiffs appealed a summary judgment dismissing their negligence and civil rights claims against the former Sheriff of Broward County following an assault by a cellmate while incarcerated. The court reversed in part, finding that while sovereign immunity bars claims regarding i
• Morgan v. Tice
  862 F.2d 1495· 11th Cir.· 1989-01-11 ·cited 4×
  The court held that the trial court erred in finding the Town liable under Section 1983 as the Town Manager's actions did not constitute official policy, and that the Town Manager was not liable under Section 1983 or for defamation as his actions were not taken under color of sta
• Wassum v. The City OF Bellaire
  861 F.2d 453· 5th Cir.· 1988-12-12 ·cited 4×
  A municipality's inadequate hiring policies, if not unconstitutional themselves, require proof of gross negligence or conscious indifference to public welfare to establish section 1983 liability.
• Mead Reinsurance v. Granite State Ins. Co.
  865 F.2d 992· 9th Cir.· 1988-11-23 ·cited 4×·via Municipal Liability Under § 1983
  The court held that the underlying actions constituted two occurrences for insurance coverage purposes and that 'ultimate net loss' under Mead's policy does not include attorney fees and costs.
• Beddingfield v. City OF Pulaski
  861 F.2d 968· 6th Cir.· 1988-11-18 ·cited 4×·via 42 U.S.C. § 1983 Liability For Municipalities
  The court held that the City's actions, at most, constituted simple negligence and did not rise to the level of deliberate indifference or a policy of inadequate training required for a § 1983 claim.
• Holland/Blue Streak v. Barthelemy
  849 F.2d 987· 5th Cir.· 1988-07-22 ·cited 4×·via Municipal Liability Under § 1983
  The court held that the district court erred in dismissing the complaint for lack of subject-matter jurisdiction, as the complaint stated a claim arising under federal law.
• Pitts v. Turner & Boisseau, Chartered
  850 F.2d 650· 10th Cir.· 1988-07-05 ·cited 4×·via 42 U.S.C. § 1983 Claim Elements
  The court held that the plaintiff failed to state claims under RICO, 42 U.S.C. § 1985(2), and 42 U.S.C. § 1983, and that the dismissal of pendent state claims was proper due to lack of jurisdiction.
• Simmons v. Sheriff Wayne McELVEEN
  846 F.2d 337· 5th Cir.· 1988-06-08 ·cited 4×·via 42 U.S.C. § 1983 Violations
  The court held that the defendants' conduct, while potentially negligent, did not rise to the level of a constitutional violation actionable under 42 U.S.C. § 1983.
• Hewlett v. Davis
  844 F.2d 109· 3d Cir.· 1988-04-06 ·cited 4×·via 42 U.S.C. § 1983 Violations
  The court held that monetary sanctions were appropriate for discovery violations, dismissal for failure to prosecute was justified, and post-verdict discovery was permissible, but the district court erred in remanding a motion to state court instead of hearing it.
• Pressly v. H.H. Gregory
  831 F.2d 514· 4th Cir.· 1987-10-21 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that magistrates are immune from suit for judicial acts and that a § 1983 claim challenging incarceration is a habeas petition requiring dismissal for lack of jurisdiction over the custodian.
• Sarus v. Benny Rotundo
  831 F.2d 397· 2d Cir.· 1987-10-15 ·cited 4×
  The court held that the plaintiffs failed to present sufficient evidence to infer an actionable municipal policy, making it error to deny the defendants' motions for directed verdicts and judgments n.o.v.
• Giano v. Flood
  803 F.2d 769· 2d Cir.· 1986-10-20 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  A prior judgment in a New York State Article 78 proceeding does not preclude a subsequent 42 U.S.C. § 1983 civil rights claim for damages.
• City OF Riviera Beach v. Fitzgerald
  492 So. 2d 1382· Fla. 4th DCA· 1986-08-27 ·cited 4×
  Police Lieutenant Fitzgerald sued the City of Riviera Beach and Police Chief Darden under 42 U.S.C. § 1983 for failing to promote him to captain despite being the only qualified candidate on a certified eligibility list. The court affirmed the jury verdict awarding compensatory d
• Mazanec v. N. Judson-San Pierre Sch. Corp.
  798 F.2d 230· 7th Cir.· 1986-08-12 ·cited 4×
  The court held that the plaintiffs' claims for injunctive and declaratory relief were moot, that no wrongdoing precluded monetary awards against the school corporation and its superintendent, and that the plaintiffs were not prevailing parties entitled to attorney's fees under 42
• Waggoner v. Mosti
  792 F.2d 595· 6th Cir.· 1986-06-12 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury's answers to special interrogatories were not irreconcilably inconsistent and affirmed the trial court's denial of a new trial. The court also affirmed the award of attorney fees.
• The Dep't OF Corr. of the State of Fla. v. Hill
  490 So. 2d 118· Fla. 3d DCA· 1986-05-06 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  The Florida Department of Corrections appealed a $750,000 jury verdict for false imprisonment awarded to Jesse Hill. The court affirmed the liability finding but reversed the damages award due to misleading jury instructions that confused the jury about comparative negligence, wh
• Wilson v. Lt. Clifton Lambert and Sgt. W.F. Straughn
  789 F.2d 656· 8th Cir.· 1986-05-02 ·cited 4×
  The court held that the district court's findings of fact were not clearly erroneous and affirmed the judgment awarding damages to the inmate.
• Battle v. Park Anderson
  788 F.2d 1421· 10th Cir.· 1986-04-16 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court affirmed the dismissal of most claims, finding the district court's conclusions not clearly erroneous, but vacated the dismissal and remanded the racial discrimination claim due to insufficient findings.
• Edmond B. McKINLEY v. Baden
  777 F.2d 1017· 5th Cir.· 1985-12-05 ·cited 4×·via § 1983
  The court held that the trial court clearly erred in finding that the plaintiff's support of a fellow officer was a substantial or motivating factor in his dismissal, and that the record did not establish actual malice with convincing clarity for the defamation claim.
• Allen v. City OF Kinloch
  763 F.2d 335· 8th Cir.· 1985-05-31 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a state tort remedy, such as replevin, satisfies due process requirements for a random and unauthorized deprivation of property, even if the deprivation was tortious.
• Thompson v. Prince William Cnty.
  753 F.2d 363· 4th Cir.· 1985-01-31 ·cited 4×
  The court held that the arrest warrant was supported by probable cause, and therefore, the plaintiff's § 1983 claim was properly dismissed.
• Kitchens v. Tex. Dep't OF Human Res.
  747 F.2d 985· 5th Cir.· 1984-12-03 ·cited 4×·via 42 U.S.C. § 1983 Violations
  The Eleventh Amendment bars federal courts from exercising pendent jurisdiction over state-law claims for money damages against a state agency.
• Hadden v. Howard
  713 F.2d 1003· 3d Cir.· 1983-08-11 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the Commissioner's interpretation of the regulation was inconsistent with its plain language and purpose, and that disciplining an inmate for statements made in a complaint violated due process.
• Green Miller, Jr. v. Barry
  698 F.2d 1259· D.C. Cir.· 1983-01-28 ·cited 4×
  A municipality cannot be held liable under 42 U.S.C. § 1983 or a Bivens action based solely on respondeat superior; the plaintiff must allege that an official policy caused the constitutional violation.
• Ward v. Johnson
  667 F.2d 1126· 4th Cir.· 1981-12-30 ·cited 4×
  The dissenting judge believes the presiding officer in administrative proceedings is immune from personal liability under § 1983 for evidentiary rulings.
• Jackson v. Ala. Dep't OF Pub. Safety
  657 F.2d 689· 5th Cir.· 1981-09-28 ·cited 4×·via Section 1983
  The court held that a claim alleging non-compliance with a prior consent decree must be litigated within that existing class action, not as a new independent suit.
• Wallace v. City OF NEW Orleans
  654 F.2d 1042· 5th Cir.· 1981-08-31 ·cited 4×
  The court held that a plaintiff pursuing a claim under 42 U.S.C. § 1983 must prove intent to discriminate, not merely disparate impact, and that the evidence presented did not meet this standard.
• Harald Schleiffer v. Meyers
  644 F.2d 656· 7th Cir.· 1981-03-16 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  A child under eleven does not possess an independent constitutional right to override a custodial parent's decision regarding relocation.
• Ledford v. Delancey
  612 F.2d 883· 4th Cir.· 1980-01-09 ·cited 4×
  A plaintiff who lacks a legal qualification for a job cannot claim a First Amendment or due process violation from termination, but may have a claim regarding substantially false information in their personnel file.
• Gomez v. Astol Calero Toledo
  602 F.2d 1018· 1st Cir.· 1979-08-07 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a plaintiff suing a public official under 42 U.S.C. § 1983 must sufficiently allege facts demonstrating the official acted in bad faith to overcome qualified immunity.
• Williams v. Dolph Briscoe
  599 F.2d 620· 5th Cir.· 1979-07-10 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the case should be remanded to the district court to determine the effect of Greenholtz on the Texas parole statute.
• Earnest Richardson v. The City OF Conroe
  582 F.2d 19· 5th Cir.· 1978-10-11 ·cited 4×
  The court held that the jury charge adequately presented the issue of police officer liability for a constitutional tort, and that the jury's finding of good faith refuted the appellant's claims.