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

• Butcher v. City OF McALESTER
  956 F.2d 973· 10th Cir.· 1992-02-12 ·via 42 U.S.C. § 1983 Liability For Municipalities
  The court held that there was sufficient evidence for the jury to find the City liable under 42 U.S.C. § 1983 for violating plaintiffs' First Amendment rights, but reversed awards for humiliation due to insufficient evidence.
• Caballero v. City OF Concord
  956 F.2d 204· 9th Cir.· 1992-02-05
  The court held that a jury instruction requiring proof of specific intent to violate constitutional rights for a false arrest claim under 42 U.S.C. § 1983 was erroneous.
• Ward v. City OF SAN Jose
  967 F.2d 280· 9th Cir.· 1991-11-04 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that excessive force claims must be analyzed under the Fourth Amendment's reasonableness standard, not substantive due process, and that the district court erred by instructing the jury on the latter. The court also affirmed the dismissal of the siblings' claims an
• Rountree Riley Goodmon v. Rockefeller
  947 F.2d 1186· 4th Cir.· 1991-10-29
  The court held that state officials sued in their individual capacities are persons under § 1983 and can be sued for damages, unlike when sued in their official capacities.
• Payne v. Monroe Cnty.
  779 F. Supp. 1330· S.D. Fla.· 1991-10-21
  The court affirmed the magistrate judge's report and recommendation, granting the defendants' motions to dismiss.
• Luciano v. Galindo
  944 F.2d 261· 5th Cir.· 1991-10-15 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the magistrate judge erred in dismissing the prisoner's excessive force claim as frivolous solely on the basis that his injuries were not constitutionally significant.
• Burton Handelsman v. Town OF Palm Beach
  585 So. 2d 1047· Fla. 4th DCA· 1991-09-04 ·via Section 1983
  Handelsman, a property owner on Worth Avenue in Palm Beach, challenged the town's denial of a special exception to lease his building to a large apparel store that would exceed the zoning district's 2,000 square foot limitation. The Florida appellate court affirmed the trial cour
• Johnson v. A.L. Lockhart and Willis Sargent
  941 F.2d 705· 8th Cir.· 1991-08-12
  The court held that a prison official can be held directly liable under § 1983 for deliberate indifference to an inmate's serious medical needs, even if respondeat superior does not apply.
• Genusa v. D.J. Mumphrey, Jr.
  931 F.2d 11· 5th Cir.· 1991-05-13 ·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that there is no constitutional right requiring a government employer to pay wages for days an employee misses work to respond to a federal court subpoena, and thus no basis for a § 1983 claim or § 1988 attorney fees.
• Vanguard Ins. Co. v. ST. Johns Cnty.
  578 So. 2d 1132· Fla. 5th DCA· 1991-04-04 ·via 42 U.S.C. § 1983 Civil Rights Claim
  Vanguard Insurance Company appeals a summary judgment awarding St. Johns County reimbursement for amounts paid to settle a Section 1983 civil rights lawsuit against its sheriff. The court holds that the county may pursue equitable subrogation against the insurer for the damage aw
• Arnold v. Lantz McCLAIN
  926 F.2d 963· 10th Cir.· 1991-02-21
  A district attorney is entitled to absolute prosecutorial immunity for actions taken to secure a resignation in exchange for dropping criminal charges, and a plaintiff cannot establish a liberty interest claim based on stigmatizing statements if the information was already public
• Cassidy v. State OF Haw.
  915 F.2d 528· 9th Cir.· 1990-10-01 ·via Section 1983
  The court held that a mooring permit holder's unilateral expectation of renewal based on past practice, without express state assurance, does not create a property interest protected by due process when the permit automatically expires due to prolonged absence.
• Williams v. Luna
  909 F.2d 121· 5th Cir.· 1990-08-15 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court improperly dismissed the excessive force claim against the guards because the plaintiff adequately alleged a significant injury and the use of excessive force, and improperly made credibility determinations at the Spears hearing.
• Bell v. City of Miami
  733 F. Supp. 1475· S.D. Fla.· 1990-01-03 ·via 42 U.S.C. § 1983 Liability For Municipalities
  The court denied the City of Miami's motion to dismiss the amended complaint.
• Dartland v. Metro. Dade Cnty.
  287 F. App'x 924· S.D. Fla.· 1989-07-31 ·via Section 1983
• Darrin Money v. Dick Moore
  877 F.2d 9· 8th Cir.· 1989-06-07 ·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court erred in dismissing the pro se prisoner's complaint without considering the distinct standards for dismissal under Fed.R.Civ.P. 12(b)(6) and 28 U.S.C. § 1915(d), especially in light of Neitzke v. Williams.
• Brown v. Byer
  870 F.2d 975· 5th Cir.· 1989-04-24
  The court held that altering arrest warrants to arrest someone not named therein constitutes a Fourth Amendment violation, and that vicarious liability for sheriffs under Texas law requires ratification of deputies' acts, which was not shown. Qualified immunity does not protect o
• Murray v. City OF Sioux Falls
  867 F.2d 472· 8th Cir.· 1989-02-08 ·via Municipal Liability Under § 1983
  The court held that the city ordinance authorizing arrest for snow removal violations was a valid exercise of municipal authority under state law, and officers were entitled to qualified immunity.
• Hinojosa v. The City OF Terrell
  864 F.2d 401· 5th Cir.· 1989-02-02 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the prior panel's decision established the law of the case, and the defendant met their summary judgment burden by showing an absence of evidence to support the plaintiff's claims.
• Coleen R. Roberts v. Coll. OF THE Desert
  861 F.2d 1163· 9th Cir.· 1988-11-22 ·via Section 1983
  The court held that Title VII does not preempt § 1983 claims for constitutional violations and that a protected property interest can arise from mutual understandings. The court also found the district court erred in reinstating the full damages award after a remittitur.
• Fredrico Lowe v. City OF ST. Louis
  843 F.2d 1158· 8th Cir.· 1988-04-13 ·via Municipal Liability Under § 1983
  The court held that the evidence was insufficient to establish that the City of St. Louis was liable for the actions of Officer McDarby, as the City's progressive discipline policy was not unconstitutional.
• Witherspoon v. United States
  838 F.2d 803· 5th Cir.· 1988-03-04 ·via § 1983
  The court held that the plaintiffs were barred by collateral estoppel from relitigating issues already decided in a prior action against law enforcement officers, and that the temporary protective detention of minor children was a constitutional consequence of their mother's lawf
• McCULLOUGH v. Lynaugh
  835 F.2d 1126· 5th Cir.· 1988-01-20 ·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court did not abuse its discretion in dismissing the case without prejudice for failure to prosecute, as the plaintiff had not suffered prejudicial harm.
• City OF Riviera Beach v. Langevin
  522 So. 2d 857· Fla. 4th DCA· 1987-12-23 ·via Municipal Liability Under § 1983
  A white police officer sued the City of Riviera Beach and its officials under 42 U.S.C. § 1983 after being terminated allegedly due to reverse racial discrimination. A jury awarded $500,000 in compensatory damages and $40,000 in punitive damages. The court affirmed, holding that
• LEE v. Town OF Estes Park
  820 F.2d 1112· 10th Cir.· 1987-06-05
  The court held that a private individual reporting suspected criminal activity to police, who then exercise their own judgment, does not constitute acting under color of state law for § 1983 liability. The court also affirmed summary judgment for other defendants based on lack of
• Balli v. Haynes
  804 F.2d 306· 5th Cir.· 1986-11-14
  The court held that the Texas Commission on Jail Standards or its director cannot be held liable in damages for alleged constitutional violations based solely on their failure to fulfill duties imposed by state law.
• Aracelis Crisoptimo v. Nettleship
  800 F.2d 11· 1st Cir.· 1986-09-09
  The court held that summary judgment for the defendants was premature because genuine issues of material fact existed regarding their responsibility for and control over the prison conditions that led to the decedent's death.
• Justice v. Dennis
  793 F.2d 571· 4th Cir.· 1986-06-16
  The dissenting judge believes the majority erred by finding reversible error in a jury instruction that faithfully followed binding circuit precedent.
• City OF Edgewater v. Montesano
  477 So. 2d 54· Fla. 5th DCA· 1985-10-24
  Property owners sued the City of Edgewater and its police chief for negligence and constitutional violations under 42 U.S.C. § 1983 after allegedly wrongful police and building inspector conduct. The trial court's jury instructions improperly allowed liability against the city ba
• Garcia v. The Colo. State Bd. OF LAW Exam'rs
  760 F.2d 239· 10th Cir.· 1985-04-25 ·via Section 1983
  The court affirmed the trial court's summary judgment, finding no error in the application of immunity or in the dismissal of antitrust and discrimination claims.
• Hurd v. Officer Romeo. Appeal of Charles David Hurd
  752 F.2d 68· 3d Cir.· 1985-01-07 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that a pro se prisoner's complaint alleging excessive force and improper lockdown by a guard, even if poorly drafted, should not be dismissed at the pleading stage if it suggests a violation of federally protected rights.
• Marrero v. City of Hialeah
  334 F.2d 506· S.D. Fla.· 1984-03-08
  The court held that the City was not liable under § 1983 because the plaintiffs failed to prove a custom or policy, and that the prosecutor was entitled to qualified immunity as his actions did not violate clearly established constitutional rights.
• Colon v. Lomelo
  575 F. Supp. 664· S.D. Fla.· 1983-12-06 ·via Municipal Liability Under § 1983
  The court held that the § 1983 claim against individual defendants remains viable, but the claim against the City is dismissed, and the § 1985 claim is dismissed against all defendants.
• Roberson v. Hewes
  701 F.2d 418· 5th Cir.· 1983-03-28 ·via 42 U.S.C. § 1983 Civil Rights Claim
  A prisoner's civil rights action cannot be dismissed solely on the unsubstantiated speculation that they cannot effectively prosecute it while incarcerated.
• Owen v. The City OF Independence
  623 F.2d 550· 8th Cir.· 1980-07-01
  Municipalities do not enjoy qualified immunity from liability under 42 U.S.C. § 1983.
• Schofield v. Cnty. OF Volusia
  580 F.2d 729· 5th Cir.· 1978-09-20 ·via Municipal Liability Under § 1983
  The court held that the district court's dismissal order must be vacated and the case reconsidered in light of the Supreme Court's decision in Monell v. Department of Social Services of New York.
• Davis v. Benny Fisher
  546 F.2d 66· 5th Cir.· 1977-01-26 ·via § 1983
  The court held that a prisoner's pro se claim of unpaid labor sufficiently states a constitutional claim, while denial of counsel requires habeas corpus and exhaustion of state remedies.
• Schott v. Fornoff
  515 F.2d 344· 4th Cir.· 1975-04-09
  The court held that the police department's haircut regulation was so extreme that it lacked a rational relationship to an efficient police department and was therefore arbitrary and capricious.
• Miller v. Miller
  504 F.2d 1067· 9th Cir.· 1974-10-15 ·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the application of ORS 109.326(1) infringes upon the constitutional rights of natural fathers and declared the statute constitutionally null and void.
• Gonzalez v. DOE
  476 F.2d 680· 2d Cir.· 1973-03-15 ·via Municipal Liability Under § 1983
  A municipality is not a "person" within the meaning of 42 U.S.C. § 1983, and therefore cannot be sued under that statute for damages, regardless of state indemnification laws. Furthermore, a federal court may, in its discretion, decline to exercise pendent jurisdiction over state