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

• Hollins v. Powell
  773 F.2d 191· 8th Cir.· 1985-09-11 ·cited 38×
  The court held that a mayor's actions, when taken under the authority of his office, can represent official policy, making the municipality liable under § 1983. The court also found that the damage awards were excessive and ordered a remittitur.
• Bertot v. Sch. Dist. NO. 1
  613 F.2d 245· 10th Cir.· 1979-11-26 ·cited 38×·via 42 U.S.C. § 1983 Liability For Municipalities
  The dissenting judge would affirm the district court's judgment, finding the Board entitled to immunity based on good faith.
• McNAMARA v. Moody
  606 F.2d 621· 5th Cir.· 1979-11-15 ·cited 38×
  The court held that an award of attorney's fees against an official in their individual capacity requires a finding of bad faith, absent clear Congressional intent otherwise.
• Mrs. Patsy Ruth White v. Dallas Indep. Sch. Dist.
  581 F.2d 556· 5th Cir.· 1978-10-06 ·cited 38×·via Municipal Liability Under § 1983
• Gobel v. Maricopa Cnty.
  867 F.2d 1201· 9th Cir.· 1989-02-09 ·cited 37×·via Municipal Liability Under § 1983
  Prosecutors are not absolutely immune for investigative actions or public statements unrelated to the judicial phase of a prosecution, and a county can be liable under § 1983 if its elected officials act as policymakers.
• Ipcia M. Kercado-Melendez v. Awilda Aponte-Roque
  829 F.2d 255· 1st Cir.· 1987-09-22 ·cited 37×·via Section 1983
  The court held that the plaintiff was in the midst of administrative proceedings when she filed her federal suit, and thus should have exhausted state remedies before proceeding in federal court.
• Trotter v. Klincar
  748 F.2d 1177· 7th Cir.· 1984-11-27 ·cited 37×·via § 1983
  The court held that parole officials are entitled to absolute quasi-judicial immunity for actions related to parole revocation procedures, and that the plaintiff failed to preserve his class action claims by not seeking timely certification.
• McFADDEN v. Lucas
  713 F.2d 143· 5th Cir.· 1983-09-01 ·cited 37×·via Section 1983
  The court held that the plaintiff's complaint failed to state an arguable violation of his Eighth Amendment rights and that the district court did not abuse its discretion in denying his motion to intervene in a related class action. The dismissal of damages claims was affirmed,
• Berdin v. Duggan
  701 F.2d 909· 11th Cir.· 1983-04-01 ·cited 37×
  A public employee's speech concerning the condition of public services is constitutionally protected, and a mayor is not entitled to qualified immunity for firing an employee for such speech if the law was clearly established.
• Meehan v. Cnty. OF LOS Angeles
  856 F.2d 102· 9th Cir.· 1988-09-07 ·cited 36×
  The court held that the notice of appeal was insufficient to bring claims of Michael Meehan and Keith Mauldin before the court, and that the directed verdicts in favor of Buhler and the County were proper due to lack of evidence of direct involvement or policy.
• Duggan v. Bd. OF Educ. OF E. Chicago Heights
  818 F.2d 1291· 7th Cir.· 1987-04-24 ·cited 36×·via Section 1983
  Unreviewed factual findings of a state or local agency should not be given preclusive effect in a subsequent suit brought under the Age Discrimination in Employment Act (ADEA).
• Lerwill v. Joslin
  712 F.2d 435· 10th Cir.· 1983-07-11 ·cited 36×
  A prosecutor is absolutely immune from a section 1983 suit for damages when initiating a prosecution under statutes he is not authorized to invoke, provided he was arguably empowered to prosecute the conduct and the invoked statute arguably applies to the conduct.
• Rogers v. Scurr
  676 F.2d 1211· 8th Cir.· 1982-05-05 ·cited 36×
  The court held that prison officials are entitled to broad discretion in matters of prison security and administration, and injunctions should not be imposed without a clear showing of constitutional deprivation or a real and immediate threat thereof.
• Williams v. Rhoden
  629 F.2d 1099· 5th Cir.· 1980-11-06 ·cited 36×
  The court held that the district court erred in dismissing a prisoner's Section 1983 complaint without service of process and in applying the wrong statute of limitations to the conspiracy claim.
• Pope v. Chew
  521 F.2d 400· 4th Cir.· 1975-08-04 ·cited 36×·via § 1983
  The court held that a hearing must be afforded before a conditional pardon can be revoked, even if revocation is based on a criminal conviction, because the revocation may involve the exercise of discretion.
• Abusaid v. Hillsborough Cnty. Bd. OF Cnty. Comm'rs
  405 F.3d 1298· 11th Cir.· 2005-04-15 ·cited 35×
  Elias Abusaid opened a nightclub in Hillsborough County, Florida, and was arrested multiple times and prosecuted for violating the county's Dance Hall Ordinance. After his criminal conviction, Abusaid sued the Hillsborough County Sheriff's Office and the County under 42 U.S.C. §
• Starrett v. Wadley
  876 F.2d 808· 10th Cir.· 1989-05-22 ·cited 35×·via Municipal Liability Under § 1983
  The court held that sexual harassment can violate the Fourteenth Amendment's Equal Protection Clause and that a supervisor's termination of an employee can constitute official policy for which a county may be liable under Section 1983, but other acts of harassment may not.
• Joan W. v. City OF Chicago
  771 F.2d 1020· 7th Cir.· 1985-08-26 ·cited 35×·via Section 1983
  The court held that while the plaintiff's counsel's "Golden Rule" argument was improper, it was not reversible error given the trial court's actions. However, the jury's $112,000 damage award was found to be excessive.
• Garcia v. Salt Lake Cnty.
  768 F.2d 303· 10th Cir.· 1985-07-17 ·cited 35×·via 42 U.S.C. § 1983 Liability For Municipalities
  A municipality can be held liable under 42 U.S.C. § 1983 for constitutional deprivations resulting from its official policy or custom, even if individual officers' actions do not independently violate civil rights.
• Kolar v. Cnty. OF Sangamon OF the State OF Ill.
  756 F.2d 564· 7th Cir.· 1985-03-04 ·cited 35×
  A judgment obtained under 42 U.S.C. § 1983 against a local government employee acting within the scope of employment constitutes a "tort judgment" under Illinois law, making the local entity liable for that judgment and associated attorney's fees and costs, even if punitive damag
• Dykes v. A.J. Hosemann, Jr.
  743 F.2d 1488· 11th Cir.· 1984-10-11 ·cited 35×·via Section 1983
• Ingraham v. Wright
  525 F.2d 909· 5th Cir.· 1976-01-08 ·cited 35×·via Municipal Liability Under § 1983
  The dissenting judges maintain that the Eighth Amendment's prohibition against cruel and unusual punishment applies to corporal punishment administered to public school children under color of state law. They argue that the availability of state remedies does not preclude federal
• Reynaldo Huguet v. Barnett
  900 F.2d 838· 5th Cir.· 1990-05-11 ·cited 34×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court properly dismissed the inmate's Section 1983 excessive force claim under the Eighth Amendment standard, as the plaintiff failed to prove the necessary elements.
• Jones v. Bd. OF Police Comm'rs
  844 F.2d 500· 8th Cir.· 1988-04-01 ·cited 34×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the trial court did not abuse its discretion in denying a new trial, in its jury instructions, or in admitting evidence of the plaintiff's prior convictions for impeachment purposes.
• Darryl H. v. Coler
  801 F.2d 893· 7th Cir.· 1986-09-09 ·cited 34×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court affirmed the district court's denial of a preliminary injunction, holding that while DCFS physical examinations of children implicate Fourth Amendment concerns, a warrant or probable cause is not constitutionally required in this context due to the state's compelling in
• Parrish v. Johnson
  800 F.2d 600· 6th Cir.· 1986-09-05 ·cited 34×·via Section 1983
  The court held that the district court erred in denying Giles' First and Eighth Amendment claims and in awarding only nominal damages to Parrish for his First Amendment violations. The court reversed the denial of Giles' claims and remanded for further proceedings on damages.
• Williams v. Mensey
  785 F.2d 631· 8th Cir.· 1986-03-07 ·cited 34×
  The court affirmed the judgment, holding that the plaintiff failed to present sufficient evidence to establish county liability under § 1983, and that the trial court did not abuse its discretion regarding discovery, mistrial, evidence admission, or damage and fee awards.
• Neubauer v. City OF McALLEN
  766 F.2d 1567· 1st Cir.· 1985-08-08 ·cited 34×·via Municipal Liability Under § 1983
  The court held that a general jury verdict based on multiple theories of liability, where at least one theory lacks sufficient evidentiary support, must be reversed because it is impossible to determine the jury's basis for the verdict. The court also held that a governmental emp
• Sevier v. Turner
  742 F.2d 262· 6th Cir.· 1984-08-08 ·cited 34×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that federal abstention is not appropriate in this case, as the appellant alleged extraordinary circumstances involving federal constitutional violations.
• John v. Norris
  737 F.2d 1148· D.C. Cir.· 1984-06-22 ·cited 34×
  The court held that a prisoner alleging unprovoked macing and beating by correctional officers states a claim under 42 U.S.C. § 1983, even without permanent injury, if the force was applied maliciously and sadistically.
• Cleamtee Garner v. Memphis Police Dep't
  710 F.2d 240· 6th Cir.· 1983-06-16 ·cited 34×·via Municipal Liability Under § 1983
  A state statute authorizing police to use deadly force to apprehend unarmed, non-violent fleeing felons is unconstitutional under the Fourth and Fourteenth Amendments as an unreasonable seizure and a violation of due process.
• Harris v. City OF Roseburg
  664 F.2d 1121· 9th Cir.· 1981-12-28 ·cited 34×
  The court held that while a police officer's mere presence during a repossession might not constitute state action, active participation or intimidation preventing a debtor from exercising legal rights can lead to liability under 42 U.S.C. § 1983. However, the officer was immune
• Niles B. Wanger and Shirley Wanger v. Bonner
  621 F.2d 675· 5th Cir.· 1980-07-14 ·cited 34×
  A sheriff can be held liable under 42 U.S.C. § 1983 for establishing policies that lead to constitutional violations by deputies, even if the deputies themselves are found not liable.
• Dimarzo v. Cahill
  575 F.2d 15· 1st Cir.· 1978-05-02 ·cited 34×
  The Commissioner of Correction is responsible for unconstitutional jail conditions due to failure to promulgate and enforce minimum standards, and the district court's equitable remedies, including the threat of closure and ordering additional staff, were appropriate.
• Green v. Eyck
  572 F.2d 1233· 8th Cir.· 1978-03-07 ·cited 34×·via Municipal Liability Under § 1983
  The court held that the 180-day statute of limitations for housing discrimination claims applied to §§ 1981 and 1982, but a three-year statute applied to the § 1983 claim. The court also held that the plaintiffs' claim under the Fair Housing Act was untimely.
• Jacobs v. Mancuso
  825 F.2d 559· 1st Cir.· 1987-07-24 ·cited 33×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court's substantial reduction in attorney's fees lacked sufficient explanation and justification, requiring appellate review and recalculation.
• Kidd v. O'Neil
  774 F.2d 1252· 4th Cir.· 1985-09-23 ·cited 33×·via 42 U.S.C. § 1983 (Excessive Force)
  The Fourth and Fourteenth Amendments provide protection against excessive force by state police during arrests, and the district court erred in requiring a specific intent to infringe a constitutional right for such claims.
• United States ex rel. George Simmons v. Mr. Robert J. Zibilich
  542 F.2d 259· 5th Cir.· 1976-11-11 ·cited 33×
  A court-appointed volunteer attorney is not liable under 42 U.S.C. § 1983 for malpractice-type actions or omissions because their conduct is not "under color of state law."
• Jenne v. Maranto
  825 So. 2d 409· Fla. 4th DCA· 2002-05-08 ·cited 32×
  A Sheriff of Broward County appealed the trial court's denial of his Eleventh Amendment immunity claim in an Equal Pay Act lawsuit brought by a female employee. The court held that the Sheriff, as a county official, is not an arm of the State entitled to Eleventh Amendment protec
• Yeksigian v. Nappi
  900 F.2d 101· 7th Cir.· 1990-04-16 ·cited 32×·via Municipal Liability Under § 1983
  The court held that the complaint sufficiently alleged actions taken under color of state law and that a single decision by a final policymaker could establish municipal liability under § 1983.
• Professor Ernest F. Dube v. The State Univ. OF NEW York
  900 F.2d 587· 2d Cir.· 1990-04-12 ·cited 32×
  The court held that the district court did address the qualified immunity defense, establishing appellate jurisdiction.
• Gutierrez-Rodriguez v. Desiderio Cartagena and Domingo Alvarez
  882 F.2d 553· 1st Cir.· 1989-08-11 ·cited 32×
  The court held that there was sufficient evidence to support the jury's findings of liability under 42 U.S.C. § 1983 against both the individual officers who fired shots and their supervisors, based on reckless or callous indifference to the plaintiff's constitutional rights.
• Pugh v. Parish OF ST. Tammany
  875 F.2d 436· 5th Cir.· 1989-05-31 ·cited 32×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a complaint filed in forma pauperis is not automatically frivolous for failing to state a claim, but this complaint was still properly dismissed as frivolous due to prosecutorial immunity and lack of arguable basis in law or fact.
• Cordero v. De Jesus-Mendez
  867 F.2d 1· 1st Cir.· 1989-01-24 ·cited 32×·via Municipal Liability Under § 1983
  The court held that the district court erred in awarding back pay post-verdict and in nullifying the jury's answer regarding official policy, necessitating a new trial on damages but not liability. It also affirmed that certain positions, like Municipal Secretary and Personnel Di
• Solomon Lusby v. T.G. & Y. Stores, Inc.
  796 F.2d 1307· 10th Cir.· 1986-07-16 ·cited 32×·via Municipal Liability Under § 1983
  The court held that the city's failure to object to an improper jury instruction at trial waived the right to raise the error on appeal, even after remand for reconsideration in light of a Supreme Court decision.
• Hinshaw v. Doffer
  785 F.2d 1260· 5th Cir.· 1986-03-28 ·cited 32×
  The court held that the evidence was insufficient to support a judgment against the police chief for failure to supervise or train the officer, but sufficient to support judgments against the officer for false arrest and excessive force. The court also held that the officer is fu
• Thomas v. Eristus Sams
  734 F.2d 185· 5th Cir.· 1984-05-29 ·cited 32×·via Municipal Liability Under § 1983
  The court held that while the mayor/magistrate was immune for judicial acts, his prior non-judicial acts of investigation and complaint issuance, done with malice, were not shielded by judicial immunity. The city was liable because the mayor's actions represented official city po
• Brandon v. Allen
  719 F.2d 151· 6th Cir.· 1983-10-11 ·cited 32×
  The court held that Director Chapman is entitled to qualified immunity and reversed the finding of liability against him, but remanded the case to recalculate damages against Officer Allen to include dignitary harm.
• Boatowners & Tenants Ass'n, Inc. v. Port OF Seattle
  716 F.2d 669· 9th Cir.· 1983-09-22 ·cited 32×·via 42 U.S.C. § 1983 Cause Of Action
  The court held that the River and Harbor Improvements Act does not create enforceable federal rights for pleasure craft owners, thus precluding a cause of action under 42 U.S.C. § 1983.
• S. JAM, Inc. v. Robinson
  675 F.2d 94· 5th Cir.· 1982-05-06 ·cited 32×·via § 1983
  The court held that res judicata applies to § 1983 actions when parties had a full and fair opportunity to litigate their claims in prior state court proceedings.