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

• Wildauer v. Frederick Cnty.
  993 F.2d 369· 4th Cir.· 1993-01-12 ·cited 2×·via 42 U.S.C. § 1983 Violations
  The court held that the district court did not err in denying the motion to amend the complaint or in granting summary judgment for the defendants, affirming the lower court's decision.
• Bobby Watts, M.D. v. John H. Burkhart, M.D.
  978 F.2d 269· 6th Cir.· 1992-10-28 ·cited 2×
  The dissent argues that qualified immunity, not absolute judicial immunity, is the appropriate standard for state medical licensing boards under Section 1983.
• Elton Houston and Robert Brown v. Partee
  978 F.2d 362· 7th Cir.· 1992-10-27 ·cited 2×
  Prosecutors are not absolutely immune from suit for failing to disclose exculpatory evidence discovered after conviction and while direct appeals were pending, as this conduct falls outside the scope of their prosecutorial functions.
• Pacelli v. Robert deVITO
  972 F.2d 871· 7th Cir.· 1992-08-25 ·cited 2×
  The court held that the defendants did not violate the Constitution by continuing to detain the plaintiff because there was no evidence they knew of the writ of habeas corpus or intended to violate his rights, and state law violations are not actionable under § 1983.
• Cabrera v. Martin
  973 F.2d 735· 9th Cir.· 1992-08-21 ·cited 2×
  The court held that federal defendants did not act under color of state law and thus could not be liable for attorney's fees under 42 U.S.C. § 1988, and that the state defendant also could not be liable as plaintiffs were not prevailing parties.
• Sorlucco v. NEW York City Police Dep't
  971 F.2d 864· 2d Cir.· 1992-07-28 ·cited 2×
  The court held that the jury's verdict for the plaintiff on her § 1983 claim was supported by sufficient evidence of a pattern or practice of gender discrimination within the NYPD, and that the plaintiff's Title VII claim should also succeed.
• Lolling v. Patterson
  966 F.2d 230· 7th Cir.· 1992-06-22 ·cited 2×
  The court held that Deputy Lolling's due process claims were barred because his suspension was a random and unauthorized act for which the state provided adequate post-deprivation remedies, and his retaliation claim was barred by res judicata as he had a full and fair opportunity
• DeNIEVA v. Reyes
  966 F.2d 480· 9th Cir.· 1992-06-05 ·cited 2×
  The court held that the Commonwealth of the Northern Mariana Islands (CNMI) is not a 'person' under 42 U.S.C. § 1983, but its official, Reyes, can be sued in his individual capacity for violating a clearly established right to travel. The judgment against the CNMI was reversed, w
• Minder v. Rigatti
  964 F.2d 1369· 3d Cir.· 1992-05-29 ·cited 2×·via Section 1983
  A district court's dismissal of a complaint for repeated and deliberate defiance of court orders is an appropriate sanction, and appellate courts must give deference to the district court's exercise of discretion.
• Parrish v. Donnell Luckie
  963 F.2d 201· 8th Cir.· 1992-04-30 ·cited 2×
  The court held that sufficient evidence supported the jury's finding of a municipal policy or custom of deliberate indifference to police misconduct, and that the admission of prior violent acts was proper to show knowledge of propensity.
• Flowers v. Phelps
  956 F.2d 488· 5th Cir.· 1992-03-30 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court affirmed the district court's judgment, holding that the notices of appeal were sufficient, the Eighth Amendment claim was properly assessed using the malicious intent standard, and the Eleventh Amendment did not bar the state law claim due to the intentional nature of
• Heflin v. Stewart Cnty.
  958 F.2d 709· 6th Cir.· 1992-03-09 ·cited 2×
  The dissenting judge would not find a sufficient causal nexus for liability and would accord individual defendants qualified immunity.
• Kinney v. Ind. Youth Ctr.
  950 F.2d 462· 7th Cir.· 1991-12-09 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The Eighth Amendment governs a prisoner's claim of excessive force used to prevent escape, and the officer's actions in shooting the escaping inmate did not constitute cruel and unusual punishment.
• Losinski v. Cnty. OF Trempealeau
  946 F.2d 544· 7th Cir.· 1991-10-24 ·cited 2×·via Section 1983
  The court held that the victim's estate could not bring a federal due process claim under § 1983 because the state did not create the danger or hold the victim in custody, and that a state law negligence claim against the deputy presented a material issue of fact regarding breach
• Leshore v. Cnty. OF Worcester
  945 F.2d 471· 1st Cir.· 1991-10-01 ·cited 2×
  The court held that the district court did not abuse its discretion in removing the default judgment against the county and that the jury instructions were not plain error.
• Miltier v. Downes
  935 F.2d 660· 4th Cir.· 1991-06-11 ·cited 2×
  The court vacated the Rule 11 sanctions and remanded for reconsideration, finding the district court did not adequately assess counsel's conduct from an ex ante perspective and failed to consider the least severe sanction adequate to serve Rule 11's purposes.
• Forte v. Sullivan
  935 F.2d 1· 1st Cir.· 1991-05-16 ·cited 2×
  The court held that the district court's dismissal of the plaintiff's complaint was premature and vacated the dismissal, remanding for further proceedings.
• Wedemeier v. City OF Ballwin
  931 F.2d 24· 8th Cir.· 1991-04-23 ·cited 2×·via Municipal Liability Under § 1983
  The court held that the city was not liable under 42 U.S.C. § 1983 as there was no evidence of a municipal policy or custom causing the officers' misconduct. The court also affirmed the denial of certain costs but remanded for reconsideration of attorney's fees.
• Wetzel v. Hoffman
  928 F.2d 376· 11th Cir.· 1991-04-11 ·cited 2×·via Municipal Liability Under § 1983
  The court held that a city can be liable under 42 U.S.C. § 1983 for retaliatory actions taken by a final policymaker or pursuant to a municipal custom or policy, even if those actions were illegal. The dismissal was premature as the plaintiff may be able to prove facts supporting
• Dean v. City OF Worcester
  924 F.2d 364· 1st Cir.· 1991-01-23 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officers' use of force was objectively reasonable under the Fourth Amendment and state law, and thus summary judgment for the defendants was proper.
• Gegenheimer v. Raoul A. "Skip" Galan, Jr.
  920 F.2d 307· 5th Cir.· 1991-01-09 ·cited 2×
  A successor clerk of court, sued in his official capacity, is liable for an intentional tort committed by his predecessor, as the liability attaches to the office, not the individual.
• Town OF Lake Clarke Shores v. Page
  569 So. 2d 1256· Fla.· 1990-11-08 ·cited 2×
  The Florida Supreme Court held that state trial courts have subject matter jurisdiction over 42 U.S.C. § 1983 actions against municipalities, rejecting the town's sovereign immunity defense. Following the U.S. Supreme Court's decision in Howlett v. Rose, the court clarified that
• Elder S. Chambers v. Maher
  915 F.2d 1141· 7th Cir.· 1990-10-15 ·cited 2×
  The court held that a reasonable jury could have found that Captain Maher acted reasonably in believing that the seized property (vinyl bag, Bible, pamphlets) was relevant to a noise pollution prosecution, thus reversing the JNOV.
• Magula v. Broward Gen. Med. Ctr.
  742 F. Supp. 645· S.D. Fla.· 1990-08-15 ·cited 2×·via Municipal Liability Under § 1983
  The North Broward Hospital District is not entitled to Eleventh Amendment immunity because it is sufficiently independent from the state, and therefore, the hospital's motion for summary judgment is denied.
• Benitez v. Wolff
  907 F.2d 1293· 2d Cir.· 1990-06-28 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court erred in sua sponte dismissing the pro se complaint as frivolous because the plaintiff stated a colorable claim of due process violation.
• Westborough Mall, Inc. v. City OF Cape Girardeau
  901 F.2d 1479· 8th Cir.· 1990-05-01 ·cited 2×
  The court reserved judgment on the City's liability for the city manager's actions pending a determination of damages, remanding for that purpose.
• Pachaly v. City OF Lynchburg
  897 F.2d 723· 4th Cir.· 1990-03-02 ·cited 2×
  The court held that a jury could reasonably find that the search exceeded the warrant's scope and that the prosecutor may not be entitled to absolute immunity if investigating crimes beyond the indictment.
• Bennett v. The City OF Grand Prairie
  883 F.2d 400· 5th Cir.· 1989-09-19 ·cited 2×·via Municipal Liability Under § 1983
  The court held that probable cause existed to arrest Ms. Bennett, and even if it did not exist for Mr. Bennett, the officers and cities were immune from suit. Therefore, the district court's judgment was affirmed.
• Blankenship v. Kerr Cnty.
  878 F.2d 893· 5th Cir.· 1989-08-04 ·cited 2×
  The court held that genuine issues of material fact precluded summary judgment on the federal § 1983 claims and that the plaintiff had stated viable state law claims for negligent and intentional infliction of emotional distress and under the Texas Tort Claims Act.
• Spann v. Tyler Indep. Sch. Dist.
  876 F.2d 437· 5th Cir.· 1989-06-29 ·cited 2×·via Municipal Liability Under § 1983
  A municipality cannot be held liable under section 1983 for an employee's failure to properly exercise discretion granted by policy.
• Miller v. Dick I. Taylor
  877 F.2d 469· 6th Cir.· 1989-06-09 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury instructions on the reasonableness of deadly force and the burden of proof for self-defense were not erroneous.
• Calvert Ins. Co. v. W. Ins. Co.
  874 F.2d 396· 7th Cir.· 1989-04-21 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  An insurer has no duty to defend if the alleged conduct, even if reckless, falls within the policy's exclusion for expected or intended injuries.
• Moss v. The City OF Colo. Springs
  871 F.2d 112· 10th Cir.· 1989-03-28 ·cited 2×
  The court held that the jury's verdicts were inconsistent and could not be harmonized, necessitating a remand for a new trial.
• Raben-Pastal v. City OF Coconut Creek
  545 So. 2d 885· Fla. 4th DCA· 1989-01-25 ·cited 2×·via Municipal Liability Under § 1983
  A construction company appealed a post-trial judgment setting aside a jury verdict in its federal civil rights action against a city and its building official for allegedly violating the company's constitutional rights by improperly maintaining stop-work orders. The appellate cou
• Scutieri v. Est. of Revitz
  683 F. Supp. 795· S.D. Fla.· 1988-04-12 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that genuine issues of material fact precluded summary judgment on most counts, denying motions for the Southeast Defendants and granting them for Paige and Fernandez on specific RICO claims.
• Pilarowski v. MacOmb Cnty. Health Dept. & Macomb Cnty. Bd. of Comm'rs
  841 F.2d 1281· 6th Cir.· 1988-03-15 ·cited 2×·via Municipal Liability Under § 1983
  The district court misapplied Monell by requiring proof of a municipal policy or custom when the deprivation of rights stemmed from an act of the county's legislative body.
• George v. J.D. White
  837 F.2d 1516· 11th Cir.· 1988-02-23 ·cited 2×·via Section 1983
  The court held that while property claims were barred by res judicata, the cruel and unusual punishment claim was not, as it involved a different cause of action requiring different evidence under Alabama law.
• Knoll v. Webster
  838 F.2d 450· 10th Cir.· 1988-02-02 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  A member of the Board of Pardons is absolutely immune from damages liability for actions taken in the performance of official duties regarding parole.
• Americans United FOR Separation OF Church & State v. The Sch. Dist. OF the City OF Grand Rapids
  835 F.2d 627· 6th Cir.· 1987-12-16 ·cited 2×·via 42 U.S.C. § 1983 Cause Of Action
  The court held that attorney's fees under 42 U.S.C. § 1988 are only available if the action explicitly enforces one of the enumerated civil rights statutes, not merely if the substance of the claim could be construed as such.
• Morrash v. Strobel
  842 F.2d 64· 4th Cir.· 1987-10-06 ·cited 2×·via Municipal Liability Under § 1983
  The court held that the City was not liable under 42 U.S.C. § 1983 as the Director of Public Safety was not a final policymaker, and that the officers' transfers did not violate their due process or freedom of association rights.
• Hensley v. Carey
  818 F.2d 646· 7th Cir.· 1987-05-12 ·cited 2×
  Police officers are not liable under 42 U.S.C. § 1983 for conducting an unduly suggestive lineup if the evidence from that lineup is not used at trial and does not result in a deprivation of the right to a fair trial.
• Sparks v. The Character & Fitness Comm. OF Ky.
  818 F.2d 541· 6th Cir.· 1987-05-11 ·cited 2×·via 42 U.S.C. § 1983 Violations
  Officials performing quasi-judicial duties related to bar admissions, even if not judges, are entitled to absolute judicial immunity.
• Quincy West v. Atkins
  815 F.2d 993· 4th Cir.· 1987-04-09 ·cited 2×
  A private physician under contract with a state prison to provide medical services does not act under color of state law when exercising independent professional judgment, even if the patient is a prisoner.
• Brown v. City of Clewiston
  644 F. Supp. 1407· S.D. Fla.· 1986-09-30 ·cited 2×
  The court granted summary judgment for the City, finding no genuine issue of material fact regarding the existence of an unconstitutional policy or custom that caused the plaintiff's injury, and that the state negligence claim was governed by state law, not city regulations.
• Burt Cole v. Williams
  798 F.2d 280· 8th Cir.· 1986-08-04 ·cited 2×·via Municipal Liability Under § 1983
  The court held that the district court properly denied the motion for a new trial and correctly granted judgment n.o.v. on the failure to take before a magistrate charge, but erred in dismissing the City of Westville.
• Morris v. Cnty. OF Tehama
  795 F.2d 791· 9th Cir.· 1986-07-28 ·cited 2×
  The court held that prosecutorial and judicial immunity barred claims against certain defendants, and state court judgments had preclusive effect, but reversed dismissal for Officer Carlton due to unresolved immunity issues.
• Mullins v. The City OF Huntsville
  785 F.2d 1529· 11th Cir.· 1986-04-07 ·cited 2×·via Municipal Liability Under § 1983
  The court held that the district court erred in granting summary judgment for the City of Huntsville because genuine issues of material fact remained regarding whether the disciplinary actions constituted official policy under Monell.
• Grandstaff v. The City OF Borger
  779 F.2d 1129· 5th Cir.· 1986-01-08 ·cited 2×·via Municipal Liability Under § 1983
• Robert Cimasi J. Barleycorn's, Inc. v. City OF Fenton
  781 F.2d 116· 8th Cir.· 1986-01-03 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  The declaratory judgment exception to res judicata does not apply when a party seeks both declaratory and injunctive relief.
• Craine v. Alexander
  756 F.2d 1070· 5th Cir.· 1985-03-25 ·cited 2×
  The court held that the Board of Supervisors could not be held liable under § 1983 as Mississippi law imposed the duty of prisoner protection on the sheriff, not the Board, and that the Antipeonage Act claim failed due to lack of evidence of state responsibility for the alleged p