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

• Webb v. City OF Chester
  813 F.2d 824· 7th Cir.· 1987-03-06 ·cited 60×·via Municipal Liability Under § 1983
  The court held that the district judge did not err in denying the defendants' motion for a directed verdict or judgment notwithstanding the verdict, and that the admission of expert testimony was proper.
• Mrs. Susie Lite Morrison v. City OF Baton Rouge
  761 F.2d 242· 5th Cir.· 1985-05-28 ·cited 60×
  A state prosecutor is absolutely immune from liability under 42 U.S.C. § 1983 for maliciously presenting evidence to a grand jury, even if calculated to clear a suspect.
• Webster v. The City OF Houston
  735 F.2d 838· 5th Cir.· 1984-07-09 ·cited 60×·via Municipal Liability Under § 1983
  The court held that the trial court's jury instructions on municipal liability under 42 U.S.C. § 1983 were too lax and did not comply with the established standard for proving a custom or policy, requiring a new trial.
• Est. OF Aleta v. Bailey
  768 F.2d 503· 3d Cir.· 1985-06-27 ·cited 58×
  The court held that the district court erred in dismissing the complaint because the allegations, if proven, could establish a "special relationship" between the child protective services agency and the deceased child, giving rise to an affirmative duty to protect. The court foun
• Wells v. Hico Indep. Sch. Dist.
  736 F.2d 243· 5th Cir.· 1984-07-16 ·cited 58×·via Section 1983
  The court held that the trial judge erred in submitting the due process liberty interest claim to the jury because there was no evidence to support it.
• Muzquiz v. City OF SAN Antonio
  528 F.2d 499· 5th Cir.· 1976-02-27 ·cited 58×
• Bennett v. City OF Slidell
  735 F.2d 861· 5th Cir.· 1984-07-09 ·cited 57×
  A municipality is liable under § 1983 for deprivations of constitutional rights only if inflicted pursuant to official policy, which includes adopted policy statements or widespread, persistent practices known to policymakers.
• Myrick v. Fulton Cnty.
  69 F.4th 1277· 11th Cir.· 2023-06-07 ·cited 56×·via 42 U.S.C. § 1983 (Excessive Force)
  Antonio May died in Fulton County Jail on September 11, 2018, following an altercation with officers during which he was restrained and subjected to physical force while experiencing acute methamphetamine intoxication and psychological distress. The Eleventh Circuit affirmed the
• Jamieson v. Shaw
  772 F.2d 1205· 5th Cir.· 1985-10-07 ·cited 56×·via Section 1983
  The district court did not abuse its discretion in finding that the second amendment to the complaint would be futile, and therefore, further proceedings would be a waste of resources.
• Owen v. The City OF Independence
  589 F.2d 335· 8th Cir.· 1978-12-01 ·cited 56×·via 42 U.S.C. § 1983 Liability For Municipalities
• Van Davis v. Cnty. OF LOS Angeles
  566 F.2d 1334· 9th Cir.· 1977-12-14 ·cited 56×·via Municipal Liability Under § 1983
  The court held that the plaintiffs lacked standing to challenge the height limitation and pre-1971 hiring procedures. The court also found that the attempted use of the 1972 examination was a Title VII violation, but the imposition of hiring quotas was not warranted.
• Willa Dean Howell v. Evans
  922 F.2d 712· 11th Cir.· 1991-01-28 ·cited 55×
  The court held that it has jurisdiction to review the denial of qualified immunity even when factual disputes exist, and that the superintendent's failure to act on known medical deficiencies could constitute deliberate indifference, but the attending physician's actions did not
• Mullinax v. E.B. McELHENNEY
  817 F.2d 711· 11th Cir.· 1987-05-26 ·cited 55×
  Prosecutors are entitled to absolute immunity for acts intimately associated with the judicial phase of the criminal process, but claims accrue when the plaintiff knows or has reason to know of the injury and the perpetrator.
• McGEE v. S. Pemiscot Sch. Dist. R-V
  712 F.2d 339· 8th Cir.· 1983-07-11 ·cited 55×
  The dissenting judge believes the district court properly granted judgment n.o.v. and would remand for a new trial on damages if liability is assumed.
• Powell v. Snook
  25 F.4th 912· 11th Cir.· 2022-02-08 ·cited 54×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officer was entitled to qualified immunity because the law was not clearly established that he violated the Fourth Amendment by using deadly force without a warning in these specific circumstances.
• J.T. Carr v. City OF Florence
  916 F.2d 1521· 11th Cir.· 1990-11-07 ·cited 54×
  The court held that prior precedent improperly granted Eleventh Amendment immunity to Alabama county sheriffs without a proper analysis of state funding for judgments.
• Remo Benigni v. City OF Hemet
  879 F.2d 473· 9th Cir.· 1988-08-15 ·cited 54×·via Section 1983
  The court held that the City failed to preserve most of its challenges to jury instructions and sufficiency of evidence due to procedural defaults, and that any errors in the qualified immunity instruction were harmless.
• Voutour v. Vitale
  761 F.2d 812· 1st Cir.· 1985-03-29 ·cited 54×
  The court held that genuine issues of material fact existed regarding the liability of Chief Forni and the Town of Saugus under 42 U.S.C. § 1983, precluding summary judgment.
• Reeves v. City OF Jackson
  608 F.2d 644· 5th Cir.· 1979-12-21 ·cited 54×·via Municipal Liability Under § 1983
  A jury question was presented as to whether certain officers and jailers falsely arrested, imprisoned, or denied medical care to the plaintiff, but not as to others or the City.
• Ivory Wright v. Sheppard
  919 F.2d 665· 11th Cir.· 1990-12-18 ·cited 53×
  The court held that while punitive damages may be appropriate, appellate courts cannot mandate their award, as this is a discretionary decision for the fact finder. The majority's imposition of punitive damages constituted an abuse of discretion.
• Owens v. Fulton Cnty.
  877 F.2d 947· 11th Cir.· 1989-07-20 ·cited 53×
  A county cannot be held liable under 42 U.S.C. § 1983 for a district attorney's prosecutorial decisions, as the district attorney acts as a state official, not a county policymaker, under Georgia law.
• Little v. City OF N. Miami
  805 F.2d 962· 11th Cir.· 1986-12-09 ·cited 53×·via Municipal Liability Under § 1983
  The court held that a public censure resolution by a city council, if retaliatory, can violate First Amendment rights and procedural due process, but not the Sixth Amendment or the prohibition against bills of attainder if it lacks the force of law.
• KEY v. Bud Rutherford
  645 F.2d 880· 10th Cir.· 1981-04-10 ·cited 53×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that intervening Supreme Court decisions require a new trial for the City of Stroud and officials in their official capacities due to changes in municipal immunity law, but affirmed the judgment for individual defendants in their personal capacities based on suffic
• Manor Healthcare Corp. v. Lomelo
  929 F.2d 633· 11th Cir.· 1991-04-25 ·cited 52×
  A municipality is not liable under § 1983 for a mayor's criminal acts unless those acts were officially sanctioned or made pursuant to a municipal policy by an official with final policy-making authority. A prevailing party may recover costs even if paid by a non-party insurer.
• Henry v. Farmer City State Bank
  808 F.2d 1228· 7th Cir.· 1986-12-29 ·cited 52×·via Municipal Liability Under § 1983
  The court held that the RICO claims were barred by res judicata because the plaintiffs failed to raise their fraud claims as defenses in the prior state court foreclosure proceedings. However, the court reversed the district court's injunction against state court proceedings, fin
• Asbill v. Hous. Auth. OF the Choctaw Nation OF Okla.
  726 F.2d 1499· 10th Cir.· 1984-02-02 ·cited 52×·via Municipal Liability Under § 1983
  The court held that the trial court erred in submitting the due process claims to the jury, as the plaintiff failed to establish a property interest in continued employment or a liberty interest in her reputation, and the erroneous submission was not harmless error given the gene
• Wheeler v. City OF Pleasant Grove
  664 F.2d 99· 5th Cir.· 1981-12-18 ·cited 52×·via Municipal Liability Under § 1983
  The court held that the city's new ordinance was an unconstitutional taking and that municipalities do not have qualified immunity in § 1983 actions.
• Wise v. Bravo
  666 F.2d 1328· 10th Cir.· 1981-12-14 ·cited 52×·via Municipal Liability Under § 1983
  The court held that while state law primarily governs family relations, the Constitution protects fundamental rights within family life, and state interference with these rights may be actionable under Section 1983 if egregious and lacking due process.
• Davis v. Zahradnick
  600 F.2d 458· 4th Cir.· 1979-06-29 ·cited 52×
  The court held that summary judgment was improperly granted because genuine issues of material fact existed and the pro se plaintiff did not receive proper notice of the conversion of a motion to dismiss into a motion for summary judgment.
• Errol Lynch v. Cannatella
  810 F.2d 1363· 5th Cir.· 1987-02-27 ·cited 51×
  Excludable aliens are entitled to due process protections against gross physical abuse while detained in the U.S., but officials may be shielded by qualified immunity if their conduct did not violate clearly established law. State agencies are not protected by individual official
• Fiacco v. City OF Rensselaer
  783 F.2d 319· 2d Cir.· 1986-02-11 ·cited 51×
  A municipality can be held liable under 42 U.S.C. § 1983 for a policy of deliberate indifference to its officers' use of excessive force, and evidence of unadjudicated third-party claims is admissible to prove such a policy.
• Anderson v. Gutschenritter
  836 F.2d 346· 7th Cir.· 1988-01-07 ·cited 50×
  The court held that a pretrial detainee's claim for failure to protect falls under the Fourteenth Amendment's Due Process Clause, not the Eighth Amendment, and that the county could be liable under section 1983 for a policymaker's decision.
• Coleman v. Nyal Frantz
  754 F.2d 719· 7th Cir.· 1985-01-30 ·cited 50×
  The concurring judge agrees that Sheriff Frantz was shielded by qualified immunity, but disagrees with the majority's reasoning regarding the clarity of the duty to release the prisoner.
• Jackson v. Hayakawa
  682 F.2d 1344· 9th Cir.· 1982-08-03 ·cited 50×
  The court held that the Eleventh Amendment does not bar actions for injunctive or declaratory relief against state officials sued in their official capacities under 42 U.S.C. § 1983, and that dismissal of certain defendants in their official capacities was erroneous.
• Harris v. Pirch
  677 F.2d 681· 8th Cir.· 1982-05-14 ·cited 50×
  The court held that there was insufficient evidence to support the jury's verdict against Sheriff Pirch and Deputy Kipping, and that Kipping was entitled to qualified immunity.
• Muscare v. Quinn
  614 F.2d 577· 7th Cir.· 1980-02-13 ·cited 50×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that attorney's fees should only be awarded for the claim upon which the plaintiff prevailed, not for unsuccessful claims, and remanded for recalculation.
• Stone v. Morris
  546 F.2d 730· 7th Cir.· 1976-12-10 ·cited 50×·via 42 U.S.C. § 1983 Civil Rights Claim
  A district court has the discretion to compel an incarcerated party's presence at trial via writ of habeas corpus ad testificandum, and a prison memorandum may be admissible under the business records exception if a proper foundation is laid.
• Andrews v. City OF Philadelphia & Wilson W. Goode
  895 F.2d 1469· 3d Cir.· 1990-02-08 ·cited 49×·via Section 1983
  The court held that the jury's findings on § 1983 claims were not sufficient to establish a Title VII hostile work environment claim, and that certain judgments n.o.v. were appropriate while others were not.
• Melear v. Spears
  862 F.2d 1177· 5th Cir.· 1989-01-12 ·cited 49×
  Qualified immunity shields officials if their actions were reasonably thought consistent with established rights, assessed by objective reasonableness against clearly established law.
• Schaper v. City OF Huntsville
  813 F.2d 709· 5th Cir.· 1987-04-06 ·cited 49×·via Section 1983
  The court held that allegations of bias and conspiracy in pre-termination hearings, even if true, do not state a procedural or substantive due process claim when a post-termination administrative remedy is available.
• Malak v. Associated Physicians, Inc.
  784 F.2d 277· 7th Cir.· 1986-02-24 ·cited 48×
  The court held that the district court erred in granting summary judgment because there was a genuine issue of material fact regarding whether the defendants' conduct constituted state action. The court reversed and remanded for further proceedings.
• Manecke v. Sch. Bd. OF Pinellas Cnty.
  762 F.2d 912· 11th Cir.· 1985-06-11 ·cited 48×·via Section 1983
  The court held that the district court erred in dismissing the § 1983 due process claim, but correctly dismissed the § 504 claim for failure to allege discrimination.
• Christmas v. Lolita Sanders
  759 F.2d 1284· 7th Cir.· 1985-04-12 ·cited 48×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the trial judge did not abuse her discretion in excluding police reports offered as prior consistent statements and in excluding evidence of the plaintiff's prior rape conviction.
• Waltruent Margarete Rosa Morrison v. Jones
  607 F.2d 1269· 9th Cir.· 1979-10-19 ·cited 48×
  The court held that the District Attorney and Clerk of Superior Court were immune, but reversed summary judgment for the remaining defendants, finding they were not entitled to absolute immunity and the record was insufficient to establish qualified immunity.
• Underwood v. City of Bessemer
  11 F.4th 1317· 11th Cir.· 2021-09-02 ·cited 47×·via Municipal Liability Under § 1983
  Marcus Underwood sued the City of Bessemer and two police officers for excessive force after they shot him approximately 20 times during a June 2014 encounter where his slowly-moving car came toward them on a residential street. The Eleventh Circuit affirmed summary judgment for
• Penley v. Eslinger
  605 F.3d 843· 11th Cir.· 2010-05-03 ·cited 47×·via 42 U.S.C. § 1983 (Excessive Force)
  A fifteen-year-old student brought a modified toy pistol to school, triggering a police standoff during which Lieutenant Michael W. Weippert fired a fatal shot to the head. The parents sued under 42 U.S.C. § 1983 and Florida law, alleging excessive force and violation of Fourth A
• Hufford v. Rodgers
  912 F.2d 1338· 11th Cir.· 1990-09-25 ·cited 47×
  The Eleventh Amendment does not protect Florida sheriffs, acting as county officials, from liability under 42 U.S.C. § 1983.
• Brooks v. D.R. Scheib
  813 F.2d 1191· 11th Cir.· 1987-04-06 ·cited 47×·via 42 U.S.C. § 1983 Liability For Municipalities
  The court held that the plaintiff failed to establish that the City's customs or policies were the moving force behind the constitutional injury or that the officer's alleged violent propensity constituted a continuous condition for nuisance law.
• Wellington v. Daniels
  717 F.2d 932· 4th Cir.· 1983-09-19 ·cited 47×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court did not err in granting judgment notwithstanding the verdict for the city and chief, nor in denying a new trial, as there was insufficient evidence of a municipal policy to allow the use of a dangerous instrumentality.
• Westborough Mall, Inc. v. City OF Cape Girardeau
  693 F.2d 733· 8th Cir.· 1982-11-12 ·cited 47×
  The court held that summary judgment was improperly granted because genuine issues of material fact exist regarding whether the city deprived developers of zoning rights without due process and whether city officials conspired with private developers to restrain trade.