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

• Turpin v. Mailet
  591 F.2d 426· 2d Cir.· 1979-01-16 ·cited 47×·via Municipal Liability Under § 1983
  The court held that a cause of action against a municipality may exist under 42 U.S.C. § 1983, superseding a direct claim under the 14th Amendment.
• Alive v. Litzau
  551 F.2d 196· 8th Cir.· 1977-02-23 ·cited 47×
  The court held that the $10,000 jury verdict for compensatory damages was not inadequate as a matter of law, and the directed verdict for the police chief was proper.
• Lake Nacimiento Ranch Co. v. Cnty. OF SAN Luis Obispo
  830 F.2d 977· 9th Cir.· 1987-10-15 ·cited 46×
  The court held that the Ranch's "as applied" taking claim was not ripe, its facial challenge was unsupported, and its due process claim failed due to adequate state remedies and lack of municipal policy. The denial of attorneys' fees to the County was not an abuse of discretion.
• LaRon McKINLEY v. Lt. Gary Trattles
  732 F.2d 1320· 7th Cir.· 1984-04-23 ·cited 46×
  The court held that the jury's award of punitive damages for an unconstitutional strip search should be reinstated, subject to a remittitur, and affirmed the denial of the defendant's motion for judgment notwithstanding the verdict on liability.
• McKAY v. Dayle Hammock
  730 F.2d 1367· 10th Cir.· 1984-03-30 ·cited 46×·via Municipal Liability Under § 1983
  The court held that the § 1983 claims were timely filed under Colorado's residuary statute of limitations and that the plaintiff stated a claim for deprivation of liberty without due process, distinguishing the case from Baker v. McCollan. The harassment claim also requires furth
• Emmitt G. King v. Blankenship
  636 F.2d 70· 4th Cir.· 1980-12-05 ·cited 46×
  The court held that the district court's finding that the force used by Officer Johnson was not actionable excessive force was clearly erroneous.
• Kermit Constr. Corp. v. Banco Credito Y Ahorro Ponceno
  547 F.2d 1· 1st Cir.· 1976-12-29 ·cited 46×
  A receiver acting under court orders shares the appointing judge's absolute immunity from liability under 42 U.S.C. § 1983, but a bank and corporation accused of conspiring with the receiver do not. Claims under 42 U.S.C. § 1985 and § 1981 were properly dismissed.
• Kibbe v. City OF Springfield
  777 F.2d 801· 1st Cir.· 1985-11-27 ·cited 44×
  The court held that a jury could reasonably find a municipality liable under 42 U.S.C. § 1983 for gross negligence in training its police officers, even if the harm resulted from a single evening's events, provided there is evidence beyond the incident itself linking the training
• French v. Owens
  777 F.2d 1250· 7th Cir.· 1985-11-26 ·cited 44×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that while overcrowding, double-celling, inhumane restraints, inadequate medical care, and poor kitchen facilities violated the Eighth Amendment, the district court erred in mandating specific compliance with fire/safety codes and in ordering equal access to rehabi
• Farrar v. Cain
  756 F.2d 1148· 5th Cir.· 1985-04-08 ·cited 44×
  The court held that failure to object to jury instructions or interrogatories generally precludes appellate review, except for fundamental error, and affirmed the denial of damages except for nominal damages against one defendant.
• Rookard v. Health & Hosps. Corp.
  710 F.2d 41· 2d Cir.· 1983-06-09 ·cited 44×
  The court reversed the district court's dismissal, finding a glimmer of a prima facie case for reversal based on the chaotic conditions at Harlem Hospital and potential constitutional deprivations.
• Berry v. McLEMORE
  670 F.2d 30· 5th Cir.· 1982-03-08 ·cited 44×
  A municipality cannot be held liable under § 1983 absent evidence that the constitutional deprivation was pursuant to an official policy or custom, and a plaintiff cannot recover attorney fees from a party dismissed from the suit. However, the district court abused its discretion
• Spence v. Patience Latting
  512 F.2d 93· 10th Cir.· 1975-02-26 ·cited 44×·via § 1983
  The court held that the plaintiff's federal claims were barred by res judicata because he had the opportunity to litigate them in prior state court actions.
• Martinez v. The City OF Opa-Locka
  971 F.2d 708· 11th Cir.· 1992-09-10 ·cited 43×·via Municipal Liability Under § 1983
  Melanie Martinez, a city purchasing director, was terminated in retaliation for testifying before a municipal board of inquiry about the city manager's violations of bid procedures. The Eleventh Circuit affirmed the jury verdict against the individual defendant city manager Conno
• Parviz Karim-Panahi v. LOS Angeles Police Dep't
  839 F.2d 621· 9th Cir.· 1988-02-16 ·cited 43×·via Municipal Liability Under § 1983
  The court held that a pro se plaintiff must be informed of the specific deficiencies in their complaint before dismissal, and granted leave to amend for most claims, reversing the district court's dismissal with prejudice.
• Weber v. Dell
  804 F.2d 796· 2d Cir.· 1986-11-06 ·cited 43×
  A jail policy authorizing strip/body cavity searches of all arrestees without reasonable suspicion violates the Fourth Amendment, and the county and sheriff can be held liable under 42 U.S.C. § 1983 for such a policy.
• Norlock v. City OF Garland
  768 F.2d 654· 5th Cir.· 1985-08-15 ·cited 43×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court did not err in dismissing the suit for failure to perfect service of process under Federal Rule of Civil Procedure 4, as the plaintiff failed to comply with the rule's requirements for service by mail and did not seek an extension of time.
• Baumann v. Ariz. Dep't OF Corr.
  754 F.2d 841· 9th Cir.· 1985-02-28 ·cited 43×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a prisoner has no constitutionally protected liberty interest in custodial release on work or home furlough absent a state statute with a "shall/unless" formula, and thus officials are immune from liability.
• Bruno Martino and Eugenia Martino v. Santa Clara Valley Water Dist.
  703 F.2d 1141· 9th Cir.· 1983-04-14 ·cited 43×·via Municipal Liability Under § 1983
  The court held that the failure to submit a development plan does not, in itself, bar an inverse condemnation claim, and that damages may be recoverable for inverse condemnation.
• Walton v. Eaton Corp.
  563 F.2d 66· 3d Cir.· 1977-07-18 ·cited 43×·via 42 U.S.C. § 1983 Violations
  The court held that a plaintiff who waives the right to a jury trial in an initial complaint cannot revive that right by filing a second, substantially identical complaint, even if it demands a jury trial and alleges new damages.
• In re Estelle
  516 F.2d 480· 5th Cir.· 1975-07-24 ·cited 43×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  Mandamus is inappropriate because the trial court's decision on the United States' right to intervene, even if erroneous, was not a usurpation of power and the petitioner suffers no irreparable harm.
• Jewelle Gresham v. Chambers
  501 F.2d 687· 2d Cir.· 1974-08-13 ·cited 43×·via Municipal Liability Under § 1983
  The court held that absent proof of discrimination, informal word-of-mouth recruiting is permissible for staff appointments, and Title VII does not preempt claims under 42 U.S.C. § 1981.
• Easter House v. Felder
  910 F.2d 1387· 7th Cir.· 1990-08-14 ·cited 42×
  The court held that the plaintiff's procedural due process rights were not violated because the state provided adequate post-deprivation remedies for the alleged errors in implementing its civil commitment scheme, and the specific errors were not foreseeable.
• DeSHANEY v. Winnebago Cnty. Dep't OF Soc. Servs.
  812 F.2d 298· 7th Cir.· 1987-02-12 ·cited 42×
  The state's failure to protect a child from private violence, even if negligent or reckless, does not violate the Fourteenth Amendment's due process clause unless the state created the danger or assumed a custodial relationship that increased the risk of harm.
• Goldie's Bookstore, Inc. v. The Superior Court OF the State OF Cal.
  739 F.2d 466· 9th Cir.· 1984-08-03 ·cited 42×·via Section 1983
  The court should have abstained from hearing the case due to important state interests implicated in the unlawful detainer proceedings.
• White v. Thomas
  660 F.2d 680· 5th Cir.· 1981-11-06 ·cited 42×
  Summary judgment for damages under section 1983 is affirmed, but the case is remanded for a name-clearing hearing regarding the allegation that the deputy lied on his employment application.
• Carter v. Quinn
  2023 WL 5745494· N.D. Fla.· 2025-06-09 ·cited 40×·via 42 U.S.C. § 1983 Civil Rights Claim
  A pro se prisoner's failure to accurately disclose prior litigation history on a complaint form, even if unintentional, warrants dismissal without prejudice under 28 U.S.C. § 1915(e)(2)(B) and § 1915A(a).
• Tittle v. Jefferson Cnty. Comm'n
  10 F.3d 1535· 11th Cir.· 1994-01-06 ·cited 40×
  The Eleventh Circuit affirmed the district court's grant of summary judgment, holding that plaintiffs failed to establish a jury question on the subjective component of their Eighth Amendment claims. The court found no evidence that the county commission had prior knowledge of th
• Schmelz v. Monroe Cnty.
  954 F.2d 1540· 11th Cir.· 1992-02-19 ·cited 40×·via Municipal Liability Under § 1983
  A guardian sued Monroe County jail officials under 42 U.S.C. § 1983 for injuries sustained by an inmate who attempted suicide while in custody, claiming failure to provide safe care and inadequate training. The Eleventh Circuit affirmed summary judgment for the sheriff on the pol
• Williams v. Borough OF W. Chester
  891 F.2d 458· 3d Cir.· 1989-11-21 ·cited 40×
• Johnston v. Harris Cnty. Flood Control Dist.
  869 F.2d 1565· 5th Cir.· 1989-04-17 ·cited 40×·via § 1983
  The court held that Johnston's attorneys were not subject to disqualification, the denial of a continuance was not an abuse of discretion, and Johnston could pursue remedies under both Title VII and § 1983 for retaliation.
• Bordanaro v. McLEOD
  871 F.2d 1151· 1st Cir.· 1989-03-30 ·cited 40×
  The court held that the jury's verdicts against the City of Everett under 42 U.S.C. § 1983 were supported by sufficient evidence, both based on an unconstitutional custom of breaking down doors without a warrant and on a policy of deliberate indifference to inadequate training an
• Hodge v. Police Officers: Colon
  802 F.2d 58· 2d Cir.· 1986-09-29 ·cited 40×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court abused its discretion by failing to consider the appropriate criteria when denying a request for appointed counsel for an indigent civil litigant.
• Spanish Action Comm. OF Chicago v. City OF Chicago
  766 F.2d 315· 7th Cir.· 1985-06-27 ·cited 40×
  The court affirmed the district court's judgment, holding that the plaintiff waived objections to jury instructions by failing to make timely and specific objections at trial and that there was sufficient evidence for the jury to find individual defendants did not act with the re
• Valeria Jackson v. Byrne
  738 F.2d 1443· 7th Cir.· 1984-07-20 ·cited 40×
  The court held that the city's failure to provide fire protection during a strike, or police barring striking firefighters from accessing equipment, did not constitute a deprivation of life or property under the Fourteenth Amendment absent a special relationship or discriminatory
• Williams v. Thomas
  692 F.2d 1032· 5th Cir.· 1982-12-06 ·cited 40×·via Section 1983
  The court affirmed the compensatory damages award but reversed the attorney's fees award, remanding for recalculation and holding the fees are payable by the County. The good faith defense on the § 1983 claim was not decided as recovery was affirmed on the state claim.
• Guzman v. The W. State Bank OF Devils Lake
  540 F.2d 948· 8th Cir.· 1976-08-27 ·cited 40×
  The court held that the district court erred in granting judgment notwithstanding the verdict because the jury had sufficient evidence to find bad faith, and the punitive damages award against the Bank was excessive.
• Nolin v. Douglas Cnty.
  903 F.2d 1546· 11th Cir.· 1990-06-26 ·cited 39×·via Section 1983
  The court held that the district court did not abuse its discretion in denying a late motion to amend the complaint, excluding employment guidelines due to lack of authentication, and granting a directed verdict for the defendants on due process and emotional distress claims.
• Riordan v. Kempiners
  831 F.2d 690· 7th Cir.· 1987-09-08 ·cited 39×
  The court held that the district court improperly excluded probative evidence on the plaintiff's Section 1983 claim, requiring reversal and remand. The court affirmed the dismissal of the Equal Pay Act claim based on the presented facts but remanded for reconsideration due to evi
• Morgan v. Dist. OF Columbia
  824 F.2d 1049· D.C. Cir.· 1987-07-21 ·cited 39×·via Municipal Liability Under § 1983
  The verdict awarding $75,000 to an inmate injured in a fight over a sandwich should not stand.
• Sparkman v. McFARLIN
  601 F.2d 261· 7th Cir.· 1979-05-02 ·cited 39×
  The court held that a private person can be liable under 42 U.S.C. § 1983 for conspiring with an immune state judge, provided the conspiracy is alleged with particularity. The opinion emphasizes that conclusory allegations are insufficient and require factual support demonstratin
• Reeves v. City OF Jackson
  532 F.2d 491· 5th Cir.· 1976-06-01 ·cited 39×
  The court held that the plaintiff's complaint, alleging false arrest, false imprisonment, and failure to provide medical care, stated tenable claims under federal and state law, and should not have been dismissed at the pleading stage.
• Incarcerated MEN OF Allen Cnty. Jail v. Fair
  507 F.2d 281· 6th Cir.· 1974-11-13 ·cited 39×·via Municipal Liability Under § 1983
  An award of attorney fees is permissible under the "private attorney general" exception to the American Rule for suits vindicating public constitutional rights, and such awards can be assessed against local officials payable from public funds, but not against municipalities direc
• Jennings v. Ilus W. Davis
  476 F.2d 1271· 8th Cir.· 1973-04-20 ·cited 39×
  The court held that respondeat superior is not available to impose vicarious liability under 42 U.S.C. § 1983 for a defendant who has no personal involvement in the alleged deprivation of rights, and that negligence claims also failed due to lack of affirmative duty or personal i
• Burkes v. Callion
  433 F.2d 318· 9th Cir.· 1970-11-04 ·cited 39×
  Government officers performing judicial or quasi-judicial functions are immune from liability under 42 U.S.C. § 1983 for conduct within their official duties.
• Quincy A. Williams v. Correctional Officer Radford
  64 F.4th 1185· 11th Cir.· 2023-04-04 ·cited 38×·via 42 U.S.C. § 1983 (Excessive Force)
  The Eleventh Circuit held that the district court erred in granting summary judgment on two of the plaintiff's retaliation claims against Captain Scarpati, but affirmed summary judgment on the third retaliation claim.
• Johnson v. City of Miami Beach
  18 F.4th 1267· 11th Cir.· 2021-11-19 ·cited 38×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that a reasonable jury could find that Officer Aguila used excessive force and committed battery by forcibly striking an arrestee who was secured, not resisting, and not posing a threat, and thus summary judgment was improperly granted.
• Sureshbhai Patel v. City of Madison
  959 F.3d 1330· 11th Cir.· 2020-05-27 ·cited 38×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that genuine issues of material fact remain regarding whether Officer Parker used excessive force, precluding summary judgment based on qualified immunity.
• Collins v. City OF SAN Diego
  841 F.2d 337· 9th Cir.· 1988-03-10 ·cited 38×·via Municipal Liability Under § 1983
  The court affirmed the district court's judgment, holding that the plaintiff's Title VII claim was abandoned or time-barred, and her § 1983 claim failed because the municipality cannot be held liable under a respondeat superior theory and the supervisor was not a final policymake
• Rascon v. Hardiman
  803 F.2d 269· 7th Cir.· 1986-09-26 ·cited 38×
  The court held that the jury's verdict against Director Hardiman could not stand due to insufficient opportunity for defense and unclear jury instructions, requiring a new trial. The court also found the jury instructions regarding Officer Stein's duty to intervene were inadequat