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

• Clark v. The City OF LOS Angeles
  650 F.2d 1033· 9th Cir.· 1981-07-13 ·cited 32×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the admission of a diary as evidence was reversible error because it was not a business record or recorded recollection and was highly prejudicial. The court also affirmed the denial of the motion to declare the zoning ordinance unconstitutional.
• Gurmankin v. Costanzo
  626 F.2d 1115· 3d Cir.· 1980-06-30 ·cited 32×·via Section 1983
  The majority opinion awarded additional backpay to Ms. Gurmankin for the period 1970-1976, importing a Title VII presumption into a Section 1983 claim.
• Manning v. Lockhart
  623 F.2d 536· 8th Cir.· 1980-06-26 ·cited 32×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court erred in admitting government affidavits without proper foundation and in refusing to subpoena a key witness, requiring reversal and remand for a new trial.
• Robinson v. Bergstrom
  579 F.2d 401· 7th Cir.· 1978-06-13 ·cited 32×·via 42 U.S.C. § 1983 Civil Rights Claim
  A public defender, as an employee of a state instrumentality, acts under color of state law for purposes of 42 U.S.C. § 1983, and is entitled to absolute immunity for acts performed in their official capacity.
• Davis v. Waller
  44 F.4th 1305· 11th Cir.· 2022-08-12 ·cited 31×·via § 1983
  Paul Donald Davis sued Georgia State Patrol officers Paul Waller and Shaun Browder after they shot him multiple times when he was forcibly driving an 84,000-pound logging truck at officers while being held at gunpoint by a violent fleeing felon, William Arnold. The Eleventh Circu
• Jones v. Preuit & Mauldin
  851 F.2d 1321· 11th Cir.· 1988-08-10 ·cited 31×
  The plurality opinion held that private defendants are entitled to qualified immunity in a section 1983 action. The dissenting judges disagreed, arguing that qualified immunity should not extend to private actors.
• Batista v. Rodriguez
  702 F.2d 393· 2d Cir.· 1983-03-11 ·cited 31×·via Municipal Liability Under § 1983
  The court held that the complaint failed to state a claim for municipal liability under 42 U.S.C. § 1983 because it did not allege a causal link between the City's alleged policy and the plaintiffs' injuries, and the evidence was insufficient to prove such causation.
• Webster v. The City OF Houston
  689 F.2d 1220· 5th Cir.· 1982-10-28 ·cited 31×
  The court held that punitive damages are not available against a municipality under 42 U.S.C. § 1983, regardless of the egregiousness of the conduct.
• Delaney v. Giarrusso
  633 F.2d 1126· 5th Cir.· 1981-01-05 ·cited 31×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the illegal arrest claim requires exhaustion of state remedies, while the excessive force claim can proceed on the merits. The judgment dismissing the excessive force claim is affirmed, and the illegal arrest claim is vacated and remanded.
• McGILL v. Duckworth
  944 F.2d 344· 7th Cir.· 1991-09-17 ·cited 30×
  The court held that the jury verdict of negligence should not be overturned based on the doctrine of assumption of risk, as the inmate did not voluntarily assume the risk of rape.
• Buckley v. Fitzsimmons
  919 F.2d 1230· 7th Cir.· 1990-12-05 ·cited 30×
  The court should not grant absolute immunity to a prosecutor for statements made at a press conference that allegedly create prejudicial pretrial publicity.
• Linnie Kay Berry v. City OF Muskogee
  900 F.2d 1489· 10th Cir.· 1990-04-10 ·cited 30×
  The court's majority opinion applied the Eighth Amendment standard, but the dissenting judge argues that due process analysis under the Fourteenth Amendment should apply, with a proposed gross negligence standard for such claims.
• Torres v. Superintendent OF the Police OF Puerto RICO
  893 F.2d 404· 1st Cir.· 1990-01-08 ·cited 30×·via Section 1983
  The court held that the plaintiffs' Section 1983 claim for wrongful termination was time-barred because the administrative action did not toll the statute of limitations, and their malicious prosecution claim failed because the alleged conduct did not rise to the level of a const
• Reed v. HOY
  909 F.2d 324· 9th Cir.· 1989-12-15 ·cited 30×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury instruction misstated the law by applying a substantive due process standard instead of the Fourth Amendment's objective reasonableness standard for excessive force claims.
• Lenell Geter v. Fortenberry
  849 F.2d 1550· 5th Cir.· 1988-07-26 ·cited 30×·via 42 U.S.C. § 1983 Violations
  Prosecutors Wade and Isenberg are entitled to absolute immunity for actions within the judicial phase of prosecution, and Geter's defamation claim does not implicate a constitutional right. Officer Kuhn is not entitled to immunity if he procured false identification by unlawful m
• SAN Bernardino Physicians' Servs. Med. Grp., Inc. v. Cnty. OF SAN Bernardino
  825 F.2d 1404· 9th Cir.· 1987-08-26 ·cited 30×·via 42 U.S.C. § 1983 Civil Rights Claim
  A corporation's contract to supply services to the state does not create a constitutionally protected property interest under the Fourteenth Amendment, even if the contract contains provisions for termination only 'for cause'.
• Riley v. Jeffes
  777 F.2d 143· 3d Cir.· 1985-11-21 ·cited 30×·via 42 U.S.C. § 1983 Civil Rights Claim
  The plaintiff prisoner's fear of assault due to unlocked cells does not rise to the level of an Eighth Amendment violation.
• Young v. The City OF Killeen
  775 F.2d 1349· 5th Cir.· 1985-11-08 ·cited 30×
• Bennie Stewart, Jr. v. Thigpen
  730 F.2d 1002· 5th Cir.· 1984-04-30 ·cited 30×·via Section 1983
  A prisoner's failure to move for a directed verdict on certain claims at trial precludes him from raising the sufficiency of the evidence for those claims on appeal, and jury verdicts will be upheld if supported by substantial evidence.
• Emerson W. Dunton, Jr. v. Cnty. OF Suffolk
  729 F.2d 903· 2d Cir.· 1984-02-28 ·cited 30×
  The court held that a conflict of interest arising from joint representation of a police officer and the municipality by the same county attorney prejudiced the officer, requiring a new trial. It also held that federal claims against Angela Pfeiffer were insubstantial, divesting
• Fitzharris v. Wolff
  702 F.2d 836· 9th Cir.· 1983-04-01 ·cited 30×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that an inmate who obtained a temporary restraining order preventing his transfer to a dangerous prison, and whose case later became moot due to parole, was a prevailing party entitled to attorney's fees under 42 U.S.C. § 1988.
• Avery v. Cnty. OF Burke
  660 F.2d 111· 4th Cir.· 1981-10-02 ·cited 30×
  Summary judgment for the county and its boards was improper because genuine issues of material fact exist regarding whether their policies or customs, or lack thereof, caused the plaintiff's constitutional deprivation.
• Fact Concerts, Inc. v. The City OF Newport
  626 F.2d 1060· 1st Cir.· 1980-06-17 ·cited 30×·via Municipal Liability Under § 1983
  The court held that the trial court did not err in denying defendants' motions, allowing certain cross-examination, or instructing the jury on punitive damages against the City, affirming the jury's verdict.
• Heimbach v. Vill. OF Lyons (Wayne Cnty.
  597 F.2d 344· 2d Cir.· 1979-04-26 ·cited 30×·via Municipal Liability Under § 1983
  The court held that a village is a "person" under 42 U.S.C. § 1983 following Monell, and that while a justice has absolute immunity for damages, other officials have only qualified immunity, making dismissal premature if bad faith is alleged.
• Sylvander v. NEW England Home FOR Little Wanderers
  584 F.2d 1103· 1st Cir.· 1978-09-29 ·cited 30×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the § 1983 claim was barred by res judicata and collateral estoppel, and that federal habeas corpus jurisdiction does not extend to state child custody disputes.
• Lewis v. Hyland
  554 F.2d 93· 3d Cir.· 1977-03-25 ·cited 30×
  Federal injunctive relief against state police misconduct is barred by Rizzo v. Goode when plaintiffs fail to prove a causal link between official policy and constitutional violations, and damages cannot be awarded when not contemplated by the parties throughout the litigation.
• Cleveland Kimbrough v. Dave O'Neil [O'Neal]
  545 F.2d 1059· 7th Cir.· 1976-10-29 ·cited 30×
  A section 1983 action should be permitted when a prisoner's property is lost by state officials, regardless of whether the loss was intentional or negligent.
• Brown v. Joseph
  463 F.2d 1046· 3d Cir.· 1972-06-22 ·cited 30×
  A county Public Defender, created under Pennsylvania statute, enjoys immunity from liability under the Civil Rights Act, even if acting under color of law.
• Jones v. Perrigan
  459 F.2d 81· 6th Cir.· 1972-04-26 ·cited 30×·via Section 1983
  Federal law enforcement officers do not have immunity from damage suits for constitutional violations if they act without good faith and probable cause.
• Asher v. Harrington
  461 F.2d 890· 7th Cir.· 1972-04-13 ·cited 30×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the complaint stated a proper federal claim under Section 1983 for arbitrary denial of constitutional rights.
• Hill v. City OF EL Paso
  437 F.2d 352· 5th Cir.· 1971-01-05 ·cited 30×·via Municipal Liability Under § 1983
  The court affirmed the dismissal, holding that federal courts should abstain from deciding a constitutional challenge to a local ordinance when state courts can resolve the underlying state law issues, and that federal courts are generally prohibited from enjoining pending state
• Deane Hill Country Club, Inc. v. City OF Knoxville & George F. McCanless
  379 F.2d 321· 6th Cir.· 1967-06-16 ·cited 30×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that a city annexation ordinance and its enabling state act were constitutional and that the plaintiff's claims were barred by res judicata.
• Jones v. Counselor Hamelman
  869 F.2d 1023· 7th Cir.· 1989-02-22 ·cited 29×
  The magistrate did not abuse his discretion in denying the motion to amend the complaint, excluding certain testimony, or denying the inmate's presence at trial, and the factual findings were not clearly erroneous.
• Manax v. Lanelle L. McNAMARA
  842 F.2d 808· 5th Cir.· 1988-04-21 ·cited 29×·via 42 U.S.C. § 1983 Violations
  The court held that the plaintiff failed to state a claim under RICO or 42 U.S.C. § 1983 because the alleged association lacked continuity for a RICO enterprise and the defendants' actions did not constitute state action for the § 1983 claim.
• Praprotnik v. City OF ST. Louis
  798 F.2d 1168· 8th Cir.· 1986-08-19 ·cited 29×
  The dissenting judge argues that the evidence was insufficient to support findings of municipal liability and a First Amendment violation, and that a new trial on damages is warranted due to an improper jury instruction.
• Celeste R. Deary v. Three Un-Named Police Officers
  746 F.2d 185· 3d Cir.· 1984-10-12 ·cited 29×·via Section 1983
  The court held that the plaintiff's section 1983 claims were barred for failure to comply with the Virgin Islands Tort Claims Act notice requirements.
• Hirst v. Gertzen
  676 F.2d 1252· 9th Cir.· 1982-05-10 ·cited 29×
  The majority opinion reversed the trial court's decision, allowing evidence of a deputy sheriff's prior acts to be admissible for proving gross negligence and proximate cause in a civil rights action, despite the dissenting judge's view that such evidence was irrelevant and preju
• Murray v. City OF Chicago
  634 F.2d 365· 7th Cir.· 1980-11-25 ·cited 29×
  A plaintiff need not prove intentional or reckless action by an official if the official failed to follow a mandatory duty or court order.
• Quintin Orpiano v. Johnson
  632 F.2d 1096· 4th Cir.· 1980-09-17 ·cited 29×
  The court held that supervisory prison officials were not liable for deliberate indifference based on a single incident, but affirmed the judgment against the guards directly involved in the assault.
• Manhart v. City OF LOS Angeles
  553 F.2d 581· 9th Cir.· 1976-11-23 ·cited 29×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the pension plan's higher contribution requirement for women, based on presumed longevity, constitutes unlawful sex discrimination under the Equal Pay Act, distinguishing it from prior Supreme Court rulings on disability benefits.
• Holland v. Ciccone
  386 F.2d 825· 8th Cir.· 1967-12-28 ·cited 29×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the Attorney General's discretion in determining a prisoner's place of confinement and medical treatment is not subject to review in a habeas corpus proceeding absent a showing of arbitrariness or capriciousness.
• Primera Iglesia Bautista Hispana OF Boca Raton, Inc. v. Broward Cnty.
  450 F.3d 1295· 11th Cir.· 2006-06-01 ·cited 28×
  Primera Iglesia Bautista Hispana, a religious corporation, challenged Broward County's denial of a zoning variance to operate a church on property subject to a 1,000-foot separation requirement for nonagricultural, nonresidential uses in an agricultural zoning district. The Eleve
• Ross v. United States
  910 F.2d 1422· 7th Cir.· 1990-08-16 ·cited 28×·via Municipal Liability Under § 1983
  The court held that the United States and the City of Waukegan were properly dismissed, but the claim against Lake County for violating William Ross's constitutional rights by preventing rescue was cognizable under § 1983.
• Patrick v. Jasper Cnty. & Sheriff Terry Gilliland
  901 F.2d 561· 7th Cir.· 1990-04-12 ·cited 28×·via Municipal Liability Under § 1983
  County prosecutors and sheriffs cannot evade constitutional and statutory obligations for prompt presentment by claiming the prisoner was delivered by state police or by warehousing the prisoner outside the county.
• Williams v. Lane
  851 F.2d 867· 7th Cir.· 1988-06-27 ·cited 28×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court affirmed the district court's judgment, compelled by the defendants' litigation strategy and non-compliance.
• Alva Gutierrez v. Mun. Court OF the Se. Jud. Dist.
  838 F.2d 1031· 9th Cir.· 1988-01-27 ·cited 28×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction against an English-only rule, finding a likelihood of success on the merits under Title VII and the possibility of irreparable injury. It also held that the judges were not ent
• Palmerin v. City OF Riverside
  794 F.2d 1409· 9th Cir.· 1986-07-21 ·cited 28×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that guilty pleas were admissible as admissions of resistance and that the failure to object contemporaneously at trial after an unsuccessful motion in limine did not waive the appeal issue. The court also dismissed the appeal regarding the marijuana due to an inco
• Clarence Eugene Jones aka Asmar Habeeb-Ullah Saleem v. Dr. Johnson
  781 F.2d 769· 9th Cir.· 1986-01-31 ·cited 28×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the plaintiff's allegations sufficiently stated a claim for deliberate indifference to serious medical needs under the Fourteenth Amendment, and that claims against the county and supervisors could be based on official policy or custom.
• Hamilton v. Daley
  777 F.2d 1207· 7th Cir.· 1985-11-18 ·cited 28×·via Section 1983
  The court held that while the plaintiff's suit was frivolous and defendants were entitled to fees, the district court failed to adequately determine if all hours billed were reasonably expended in light of the frivolous nature of the claims. The court remanded for further finding
• Williams v. Butler
  746 F.2d 431· 8th Cir.· 1984-10-15 ·cited 28×
  The court held that a city cannot be held liable under § 1983 solely based on an individual official's act if that act does not represent an official city policy or custom.