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

• Paxman v. Campbell
  612 F.2d 848· 4th Cir.· 1980-01-02 ·cited 28×
  The maternity leave policies requiring pregnant teachers to cease teaching at mandatory times violated the due process clause of the Fourteenth Amendment under Cleveland Board of Education v. LaFleur. School board members sued in their individual capacities are entitled to qualif
• Burton v. Waller
  502 F.2d 1261· 5th Cir.· 1974-10-18 ·cited 28×
  The court held that the trial court did not err in its rulings of law or submission of issues to the jury, affirming the general verdict for the defendants.
• Gill v. Deputy Sheriff Charles Manuel
  488 F.2d 799· 9th Cir.· 1973-11-09 ·cited 28×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the trial court erred in refusing to instruct the jury on punitive damages and in improperly allowing the assertion of a privilege for official information, necessitating a new trial.
• Driscoll v. Int'l Union OF Operating Eng'rs
  484 F.2d 682· 7th Cir.· 1973-09-11 ·cited 28×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that a union member's challenge to a non-Communist affidavit requirement for candidacy, even if framed as a free speech issue, falls under Title IV of the LMRDA and must be pursued through the Secretary of Labor, not a private suit under Title I. Furthermore, the u
• Prosper v. Martin
  989 F.3d 1242· 11th Cir.· 2021-03-05 ·cited 27×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court did not abuse its discretion in excluding expert testimony and did not err in granting summary judgment based on qualified immunity.
• Swank v. Smart
  898 F.2d 1247· 7th Cir.· 1990-03-27 ·cited 27×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the officer was deprived of procedural due process because he was not given an opportunity to respond to the police chief's written statement, which served as evidence against him. However, a genuine issue of material fact exists regarding whether he waived hi
• Cabrales v. Cnty. OF LOS Angeles
  864 F.2d 1454· 9th Cir.· 1988-12-28 ·cited 27×
  The court affirmed the denial of the JNOV motion, the denial of summary judgment, and the jury verdict, finding that the defendants waived sufficiency of evidence arguments by failing to move for a directed verdict. The court also affirmed the attorneys' fees award, finding no ab
• Felicisimo N. Martin v. Gentile
  849 F.2d 863· 4th Cir.· 1988-06-17 ·cited 27×
  The court held that the use of a loaded shotgun through a car windshield, causing fear, constituted an unreasonable use of force violating the Fourth Amendment, entitling the victim to damages.
• Metzger v. Osbeck
  841 F.2d 518· 3d Cir.· 1988-03-11 ·cited 27×·via Section 1983
  The court held that the plaintiff failed to produce sufficient evidence to demonstrate a constitutional violation under section 1983, as the teacher's actions did not rise to the level of excessive force or abuse of power, and the injuries were unexpected and unintended.
• Mahone v. Addicks Util. Dist. OF Harris Cnty.
  836 F.2d 921· 5th Cir.· 1988-02-04 ·cited 27×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the plaintiff's voting rights and procedural due process claims were properly dismissed, but the equal protection claim requires further consideration. The court also directed dismissal of only federal claims with prejudice.
• Harris v. Chanclor
  537 F.2d 203· 5th Cir.· 1976-08-19 ·cited 27×
  The court held that any error in jury instructions regarding Moore's liability for negligence was harmless, and that Chanclor was not entitled to a new trial due to alleged prejudicial questioning.
• Evett L. Simmons v. Ric Bradshaw
  879 F.3d 1157· 11th Cir.· 2018-01-10 ·cited 26×·via 42 U.S.C. § 1983 (Excessive Force)
  Dontrell Stephens was shot four times by Deputy Sheriff Adams Lin during a traffic stop in September 2013, resulting in permanent paralysis. A jury awarded Stephens $23,148,100 in damages for excessive force. The Eleventh Circuit affirmed summary judgment dismissing Stephens' Mon
• Reather Reynolds v. City OF Little Rock
  893 F.2d 1004· 8th Cir.· 1990-01-12 ·cited 26×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the Equal Protection Clause prohibits governmental litigants from using peremptory challenges to exclude jurors based on race in civil cases, and that the City's refusal to justify its strikes required vacating the judgment for a Batson hearing.
• Gwin v. Snow
  870 F.2d 616· 11th Cir.· 1989-04-19 ·cited 26×·via Section 1983
  The court held that Gwin's equal protection claims challenging the Board's parole procedures and denial of compassionate leave are properly brought under section 1983 and do not require exhaustion of state remedies, reversing the district court's dismissal of these claims.
• Bateson v. Geisse
  857 F.2d 1300· 9th Cir.· 1988-09-20 ·cited 26×·via Municipal Liability Under § 1983
  The City Council's arbitrary withholding of a building permit, after all requirements were met, violated the developer's substantive due process rights and constituted official policy, making the City and council members liable. The court also affirmed the dismissal of procedural
• Hodorowski v. RAY
  844 F.2d 1210· 5th Cir.· 1988-05-18 ·cited 26×
  Texas child protective service workers are entitled to qualified immunity for their decision to remove children from a home without a prior court order, as their actions were objectively reasonable under the circumstances and did not violate clearly established law.
• Davis v. Holly
  835 F.2d 1175· 6th Cir.· 1987-12-30 ·cited 26×
  Qualified immunity does not shield defendants from suit for gross negligence and recklessness regarding patient safety.
• Shah v. Cnty. OF LOS Angeles
  797 F.2d 743· 9th Cir.· 1986-08-15 ·cited 26×·via Municipal Liability Under § 1983
  The court held that a claim for substantive due process violation is not barred by the availability of state remedies, and that a municipal liability claim based on alleged policy or custom cannot be dismissed on the pleadings alone.
• Grotta v. State OF R.I.
  781 F.2d 343· 1st Cir.· 1986-01-17 ·cited 26×
  A state that waives its Eleventh Amendment immunity is a "person" suable under 42 U.S.C. § 1983, but liability requires proof of a state policy or custom causing the deprivation, not just respondeat superior.
• The City OF Miami v. Harris
  490 So. 2d 69· Fla. 3d DCA· 1985-12-17 ·cited 26×·via Municipal Liability Under § 1983
  The City of Miami appealed a jury verdict finding it liable under 42 U.S.C. § 1983 for a municipal policy regarding high-speed police pursuits that resulted in the death of an innocent bystander, Mrs. Doretha Rolle, when police rammed a suspect's vehicle into a bus bench. The cou
• Mother Goose Nursery Schs., Inc. v. Sendak
  770 F.2d 668· 7th Cir.· 1985-08-14 ·cited 26×
  The Attorney General is absolutely immune from damages liability under 42 U.S.C. § 1983 when acting in a quasi-judicial capacity to review state contracts for legality and form. Therefore, the district court's award of damages and attorney fees against the Attorney General is rev
• Soto v. Dickey
  744 F.2d 1260· 7th Cir.· 1984-09-20 ·cited 26×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the trial court erred in finding that the use of mace in the Adjustment Center violated constitutional rights, as the evidence showed it was used reasonably to maintain discipline and safety after inmates refused lawful orders.
• Sanders v. ST. Louis Cnty.
  724 F.2d 665· 8th Cir.· 1983-12-30 ·cited 26×·via 42 U.S.C. § 1983 Liability For Municipalities
  The court held that the plaintiff failed to present sufficient evidence to establish a county policy or custom of mistreating inmates who challenged their convictions, thus the county could not be held liable under 42 U.S.C. § 1983.
• Watts v. Odom Graves
  720 F.2d 1416· 5th Cir.· 1983-12-12 ·cited 26×·via Section 1983
  A guilty plea does not preclude a subsequent Section 1983 action for Fourth Amendment violations that were not litigated in the state proceedings, and dismissal of claims regarding warrantless conversation interception was proper.
• Rogers v. Rulo
  712 F.2d 363· 8th Cir.· 1983-07-20 ·cited 26×
  The court affirmed the district court's judgment, holding that there was insufficient evidence to establish a causal link between the Police Chief's actions and the alleged misconduct, and that the jury instructions, while imperfect, did not constitute plain error.
• Gilmore v. Salt Lake Community Action Program
  710 F.2d 632· 10th Cir.· 1983-04-18 ·cited 26×·via Section 1983
  The court held that the termination of employment was neither federal nor state action, as the plaintiff failed to demonstrate that the decision was attributable to a governmental policy or rule, despite the agency's governmental funding and the presence of public officials on it
• Bruner v. Dunaway
  684 F.2d 422· 6th Cir.· 1982-08-11 ·cited 26×
  The court held that the district court did not abuse its discretion in granting a new trial based on insufficient evidence of personal involvement or presence during the alleged assault, and that denying post-trial motions after the second trial was also proper.
• Henriksen v. The Honorable Judge Vernon G. Bentley
  644 F.2d 852· 10th Cir.· 1981-03-26 ·cited 26×
  A judge is not liable under 42 U.S.C. § 1983 for a clerk's actions under respondeat superior, but a clerk's claim for denial of access to courts requires further factual development regarding qualified immunity.
• Wheatley v. Police Officers Robert Beetar
  637 F.2d 863· 2d Cir.· 1980-12-31 ·cited 26×·via 42 U.S.C. § 1983 (Excessive Force)
  The court should order a new trial on all issues, not just damages, because liability and damages are too intertwined.
• Swietlowich v. Cnty. OF Bucks & Twp. of Bristol & Harry Merker & Sgt. Stanley Martin & Sgt. Walter Hughes & Patrolman H. J. McDonough
  610 F.2d 1157· 3d Cir.· 1979-12-05 ·cited 26×·via Municipal Liability Under § 1983
  The court held that the jury instructions on the statute of limitations were inadequate because they focused on the alteration of police logs rather than the misleading statements made to the plaintiff, requiring a new trial.
• Domingo Roque Molina v. Paul T. Richardson & the City of Los Angeles
  578 F.2d 846· 9th Cir.· 1978-07-21 ·cited 26×
  The dissenting judge would reverse the district court's decision, find jurisdiction, and infer a cause of action against the city directly from the Fourteenth Amendment.
• Arthur v. Ewald P. Nyquist
  573 F.2d 134· 2d Cir.· 1978-03-08 ·cited 26×
  The court held that officials sued in their official capacities for injunctive relief are 'persons' under § 1983, and that the district court correctly applied the 'foreseeable consequences' test to find intentional segregation by city appellants.
• Miller v. Barilla
  549 F.2d 648· 9th Cir.· 1977-01-31 ·cited 26×
  Public defenders are accorded absolute immunity from § 1983 damage claims for acts done in the performance of their judicial function, specifically including plea bargaining.
• Martin v. Merola
  532 F.2d 191· 2d Cir.· 1976-02-05 ·cited 26×
  A prosecutor may be held liable under § 1983 for making public statements that are beyond the scope of official duties and known or should have been known to violate a defendant's constitutional rights to a fair trial.
• Bursey v. Weatherford
  528 F.2d 483· 4th Cir.· 1975-12-02 ·cited 26×
  The court held that the government's knowing allowance of an informant to intrude upon attorney-client conferences, even if for cover and not to gain specific trial strategy, violates the Sixth Amendment right to counsel and the Fourteenth Amendment right to a fair trial, requiri
• Mandel v. Hutchinson
  494 F.2d 364· 9th Cir.· 1974-03-29 ·cited 26×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that federal courts lack jurisdiction to enjoin state tax collection when a plain, speedy, and efficient remedy exists in state courts, as mandated by 28 U.S.C. § 1341.
• Winters v. Alan D. Miller, M.D.
  446 F.2d 65· 2d Cir.· 1971-05-26 ·cited 26×
  The court held that the appellant's constitutional rights were not violated by fingerprinting and photographing, and that the trial court's grant of summary judgment for the defendants should be affirmed.
• Simmons v. The City OF Philadelphia
  947 F.2d 1042· 3d Cir.· 1991-10-18 ·cited 25×·via Municipal Liability Under § 1983
  A municipality can be held liable under section 1983 for deliberate indifference to constitutional rights, which can be proven by demonstrating reckless conduct or a failure to act when officials should have known of a risk.
• United Steelworkers OF Am. v. Phelps Dodge Corp.
  865 F.2d 1539· 9th Cir.· 1989-01-18 ·cited 25×
  The court held that the majority's interpretation of certain statements as evidence of conspiracy was an unwarranted inference, particularly given the lack of direct evidence and the context of the situation.
• DeMALLORY v. Cullen
  855 F.2d 442· 7th Cir.· 1988-08-23 ·cited 25×
  The court held that a prisoner's Eighth Amendment claim regarding unsanitary conditions and dangerous inmate interactions requires more than a showing of negligence, but the district court improperly granted summary judgment without addressing the core allegations. The court also
• Carter v. Dist. OF Columbia
  795 F.2d 116· D.C. Cir.· 1986-07-03 ·cited 25×
  The court held that the trial judge erred in allowing extensive introduction of allegations of prior police misconduct, necessitating a new trial on claims submitted to the jury. The court also affirmed the directed verdict for the municipality on the constitutional tort claim.
• Johnson v. Univ. OF Wisconsin-Milwaukee
  783 F.2d 59· 7th Cir.· 1986-01-29 ·cited 25×·via Section 1983
  Evidence of a non-discriminatory retaliatory motive is irrelevant to proving that the employer's proffered legitimate, non-discriminatory reason for termination was a pretext for age discrimination.
• Bennett v. City OF Slidell
  697 F.2d 657· 5th Cir.· 1983-02-07 ·cited 25×
  The court held that the city and city attorney could be held liable under § 1983 for unconstitutional application of zoning ordinances and deprivation of power, but the councilmen were not liable due to insufficient evidence.
• Linnie Carl McCOLLAN v. Tate
  575 F.2d 509· 5th Cir.· 1978-06-19 ·cited 25×
  The court held that a sheriff may be liable under section 1983 for false imprisonment if they fail to exercise due diligence in verifying the identity of an individual arrested under a warrant, even if the warrant is fair on its face.
• Trooper Alvin T. Pontarelli v. Stone
  930 F.2d 104· 1st Cir.· 1991-04-18 ·cited 24×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that a notice of appeal using "et al." is insufficient to confer appellate jurisdiction for unnamed parties and that mistaken reliance on "et al." does not constitute excusable neglect for extending the appeal deadline. The court also affirmed that sex discriminati
• McCUEN v. Polk Cnty.
  893 F.2d 172· 8th Cir.· 1990-01-04 ·cited 24×
  The court held that the defendants were entitled to immunity, either absolute or qualified, for their actions related to the temporary removal of the child, and thus summary judgment was appropriate.
• Phelps v. The Wichita Eagle-Beacon
  886 F.2d 1262· 10th Cir.· 1989-09-29 ·cited 24×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that plaintiff's Section 1981 and RICO claims were properly dismissed, but his Section 1985(3) claim and potentially his Section 1983 Equal Protection claim were not, and the state action issue for the Section 1983 claim requires further factual development.
• Duncan v. Mr. & Mrs. Harold Peck
  844 F.2d 1261· 6th Cir.· 1988-04-25 ·cited 24×
  Private parties acting under color of state law are not entitled to good faith immunity under 42 U.S.C. § 1983, but may assert a good faith defense.
• Garza v. City OF Omaha
  814 F.2d 553· 8th Cir.· 1987-03-25 ·cited 24×·via 42 U.S.C. § 1983 Liability For Municipalities
  The court held that a jury's finding of discriminatory custom under § 1983 collaterally estops the district court from making inconsistent findings on a simultaneously tried Title VII claim. The court also reversed the setting aside of punitive damages.
• Jones v. Preuit & Mauldin
  808 F.2d 1435· 11th Cir.· 1987-02-02 ·cited 24×
  The court held that the seizure of property without notice under Alabama's attachment statute, which was an established state procedure, did not fall under the Parratt v. Taylor exception, and that private defendants could assert qualified immunity but failed to prove they acted