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

• McKNIGHT v. Se. Pa. Transp. Auth.
  583 F.2d 1229· 3d Cir.· 1978-09-29 ·cited 22×
  The court held that the district court erred in dismissing the plaintiff's claim regarding a deprivation of his liberty interest, as the alleged stigmatizing charge of intoxication could be a factual question for trial. The court also vacated the dismissal of the property interes
• State of N.J. v. Chesimard
  555 F.2d 63· 3d Cir.· 1977-03-09 ·cited 22×·via 42 U.S.C. § 1983 Civil Rights Claim
  The dissenting judge would find that federal intervention is permissible, either because the relief sought is collateral to the state criminal proceeding under Gerstein v. Pugh, or because exceptional circumstances warrant intervention under Younger v. Harris.
• Mitchell v. King
  537 F.2d 385· 10th Cir.· 1976-06-22 ·cited 22×·via Section 1983
  The court's holding is not explicitly stated as this is a concurring opinion focusing on reasoning.
• Carpenter v. State OF S.D.
  536 F.2d 759· 8th Cir.· 1976-06-03 ·cited 22×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court should reverse and remand for an inquiry into the prison censorship board's judgment that the material is detrimental to rehabilitation and that total censorship is the least restrictive means.
• Davis v. Weir
  497 F.2d 139· 5th Cir.· 1974-07-18 ·cited 22×·via Section 1983
  The court held that refusing water service to new applicants based on a third party's unpaid water bill violates the Equal Protection Clause of the Fourteenth Amendment, but modified the class definition to be more specific.
• Ries v. Lynskey
  452 F.2d 172· 7th Cir.· 1971-09-03 ·cited 22×·via Municipal Liability Under § 1983
  The court held that municipalities are not liable under 42 U.S.C. §§ 1983 or 1986, and that the trial court properly instructed the jury on contributory wilful and wanton conduct.
• Madison v. Manter
  441 F.2d 537· 1st Cir.· 1971-04-28 ·cited 22×
  Police officers acting in good faith but negligently in seeking a search warrant are not liable under 42 U.S.C. § 1983.
• Redman v. Cnty. OF SAN Diego
  942 F.2d 1435· 9th Cir.· 1991-08-26 ·cited 21×·via Section 1983
  The court held that the majority's application of deliberate indifference standards to jail management was incorrect, suggesting judicial overreach.
• Liedel v. The Juv. Court OF Madison Cnty.
  891 F.2d 1542· 11th Cir.· 1990-01-16 ·cited 21×·via Section 1983
  The federal district court properly dismissed the plaintiffs' complaint for lack of jurisdiction, as it sought to review final state court judgments and enjoin ongoing state proceedings.
• Costello v. Town OF Fairfield
  811 F.2d 782· 2d Cir.· 1987-02-12 ·cited 21×·via Section 1983
  The court held that appellants were accorded all the process they were due, as post-deprivation remedies were adequate for their claims regarding pension calculations.
• Johnson v. Sieber
  799 F.2d 1396· 9th Cir.· 1986-09-18 ·cited 21×
  The court held that the appellants failed to raise any valid constitutional issues, thus summary judgment for the defendants was proper.
• Hossman v. Blunk
  784 F.2d 793· 7th Cir.· 1986-02-26 ·cited 21×·via Municipal Liability Under § 1983
  The court held that the plaintiff's pro se complaint, when liberally construed, adequately alleged claims for municipal liability under § 1983 and that the § 1985 claim was properly dismissed for failing to allege racial or class-based discrimination.
• Salahuddin v. Harris
  782 F.2d 1127· 2d Cir.· 1986-01-31 ·cited 21×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that dismissal under Rule 37(d) was improper because the plaintiff appeared for his deposition, and dismissal under Rule 37(b)(2) was improper because no court order was violated. Furthermore, neither Rule 16(f) nor Rule 41(b) justified the dismissal.
• The Penthouse, Inc. v. Saba
  399 So. 2d 456· Fla. 2d DCA· 1981-06-03 ·cited 21×
  Penthouse Inc. sued individual Sarasota County commissioners under 42 U.S.C. § 1983, alleging they arbitrarily withheld approval of a condominium site plan in violation of zoning ordinances. The court affirmed the dismissal, holding that while officials have qualified immunity fo
• Gosney v. Sonora Indep. Sch. Dist.
  603 F.2d 522· 5th Cir.· 1979-09-28 ·cited 21×·via Section 1983
  The court held that while the school district's no-outside-employment rule was facially valid, its selective and discriminatory enforcement against Mr. Gosney violated his Fourteenth Amendment right to equal protection.
• Cale v. The City OF Covington
  586 F.2d 311· 4th Cir.· 1978-11-03 ·cited 21×·via Municipal Liability Under § 1983
  The court held that there is no implied cause of action for damages against a municipality under the Fourteenth Amendment, even with federal question jurisdiction, for the acts of its employees.
• Baxter v. Carson Hendren
  121 F.4th 873· 11th Cir.· 2024-11-13 ·cited 20×·via 42 U.S.C. § 1983 (Excessive Force)
  Deputy Jafet Santiago-Miranda fired ten shots into a vehicle that was accelerating toward him after he issued multiple commands for the driver to stop, killing two young occupants, and the plaintiffs sued for excessive force, failure to render medical aid, and battery. The Eleven
• Jackson v. Swanger
  97 F.4th 1343· 11th Cir.· 2024-04-05 ·cited 20×·via 42 U.S.C. § 1983 (Excessive Force)
  Amber Jackson sued Atlanta police officers Cody Swanger and Jeremiah Brandt under federal civil rights law, alleging they unlawfully seized her without reasonable suspicion and that Brandt failed to intervene when Swanger used excessive force against her during a chaotic encounte
• Revene v. Charles Cnty. Comm'rs
  882 F.2d 870· 4th Cir.· 1989-08-14 ·cited 20×
  The court held that the dismissal of the § 1983 claim and state law tort claim against the deputy sheriff in his individual capacity was error, but dismissal of claims against the Sheriff, Office of Sheriff, and County Commissioners was proper.
• Eddy v. City of Miami
  715 F. Supp. 1553· S.D. Fla.· 1989-05-16 ·cited 20×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that claims against Mayor Suarez and the Police Department were properly dismissed, but claims against the City of Miami and Chief Anderson could proceed. State law claims were dismissed for insufficient notice.
• Arlen Yalkut v. Augie Gemignani and Myron Gold
  873 F.2d 31· 2d Cir.· 1989-04-18 ·cited 20×·via 42 U.S.C. § 1983 Civil Rights Claim
  Federal agents are immune from state law tort claims under the Federal Employees Liability Reform and Tort Compensation Act and from federal civil rights claims because no clearly established constitutional right was violated.
• Hammond v. Baldwin
  866 F.2d 172· 6th Cir.· 1989-01-18 ·cited 20×·via § 1983
  The court held that the Offutts' claims of bias and property damage were not ripe for judicial review because they had not exhausted state administrative remedies or obtained a final decision from the state agency.
• Freeze v. Griffith
  849 F.2d 172· 5th Cir.· 1988-07-11 ·cited 20×
  The court held that various officials were immune from liability under § 1983 and that the remaining claims were barred by prescription or lacked merit. The court also taxed costs against the appellant for frivolous appeals.
• Coogan v. City OF Wixom
  820 F.2d 170· 6th Cir.· 1987-06-01 ·cited 20×·via Municipal Liability Under § 1983
  The court held that the plaintiff failed to establish a claim for malicious prosecution, intentional infliction of emotional distress, or violations of constitutional rights under 42 U.S.C. § 1983, affirming the directed verdict.
• Lemuel Cannon, Jr. v. Taylor
  782 F.2d 947· 11th Cir.· 1986-02-20 ·cited 20×
  A person injured in an automobile accident caused by a police officer's negligent operation of a vehicle does not have a section 1983 cause of action for violation of a federal right, as such negligence does not rise to the level of a constitutional deprivation.
• Garcia v. Bd. OF Educ. OF the Socorro Consol. Sch. Dist.
  777 F.2d 1403· 10th Cir.· 1985-11-22 ·cited 20×·via Section 1983
  The court held that the school board and its members in their official capacities are immune from suit under the Eleventh Amendment, and that the actual malice standard applies to defamation claims brought by public officials against non-media defendants.
• de Arroyo v. Barcelo
  765 F.2d 275· 1st Cir.· 1985-06-26 ·cited 20×·via Section 1983
  Plaintiffs who achieve a significant benefit through their lawsuit, even without a formal judgment or settlement, can be considered prevailing parties for attorney's fees under 42 U.S.C. § 1988 if the suit acted as a catalyst for the defendants' actions.
• Heller v. Bushey
  759 F.2d 1371· 9th Cir.· 1985-05-01 ·cited 20×
  The jury's verdict for the arresting officer does not preclude claims against municipal entities based on policy or custom, nor does it preclude claims against individual officials who may have authorized unconstitutional conduct.
• Raley v. Fraser
  747 F.2d 287· 5th Cir.· 1984-11-26 ·cited 20×·via 42 U.S.C. § 1983 (Excessive Force)
  A plaintiff who loses on a Section 1983 claim, even if successful on a pendent state law claim, is not a prevailing party entitled to attorney's fees under 42 U.S.C. § 1988.
• Aminta Flores v. Edinburg Consol. Indep. Sch. Dist.
  741 F.2d 773· 5th Cir.· 1984-09-17 ·cited 20×
  The court held that the plaintiff failed to establish that the injury resulted from an official policy, custom, or practice of the school district, thus reversing the district court on the section 1983 claim.
• Curl v. Reavis
  740 F.2d 1323· 4th Cir.· 1984-08-01 ·cited 20×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a deputy sheriff can be an employee under Title VII, and that a plaintiff who accepted one denied position did not waive her right to be instated in another denied position based on a separate violation.
• Shadis v. Beal
  685 F.2d 824· 3d Cir.· 1982-07-20 ·cited 20×·via 42 U.S.C. § 1983 Civil Rights Claim
  Contractual provisions prohibiting legal aid organizations from requesting or accepting attorneys' fees in suits against the Commonwealth are void as contrary to the public policy underlying the Civil Rights Attorney Fees Awards Act.
• Hall v. Clendenin G. Quillen
  631 F.2d 1154· 4th Cir.· 1980-10-17 ·cited 20×
  The court held that neither a court-appointed physician nor an attorney acting in such capacity can be considered state actors for purposes of a § 1983 claim.
• Dodson v. Polk Cnty.
  628 F.2d 1104· 8th Cir.· 1980-08-26 ·cited 20×
  The dissenting judge argues that a public defender, representing an indigent defendant, does not operate under color of state law for the purposes of a 42 U.S.C. § 1983 action. The judge also believes public defenders should have absolute immunity.
• Hill v. Trs. OF Ind. Univ.
  537 F.2d 248· 7th Cir.· 1976-04-05 ·cited 20×
• Imbler v. Pachtman
  500 F.2d 1301· 9th Cir.· 1974-07-12 ·cited 20×
  A prosecutor is absolutely immune from civil liability for acts committed in the performance of duties integral to the judicial process, even if malicious or knowing.
• Levon Brown v. United States
  486 F.2d 284· 8th Cir.· 1973-10-29 ·cited 20×
  The court held that the United States is liable under the FTCA for its own negligence in placing a prisoner in an inadequate facility, but not for the negligence of the county jailer or sheriff.
• Gale Hearold Johnson v. Dailey
  479 F.2d 86· 8th Cir.· 1973-05-17 ·cited 20×·via Section 1983
  The dissenting judge would apply Iowa's five-year general statute of limitations to the civil rights action.
• Murray v. W. Baton Rouge Parish Sch. Bd.
  472 F.2d 438· 5th Cir.· 1973-01-19 ·cited 20×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the Louisiana public school disciplinary statutes, school rules, and psychological testing practices did not violate the students' constitutional rights.
• Reed v. Sharon Mims & the AeroThrust Corp. of Miami
  711 So. 2d 169· Fla. 3d DCA· 1998-05-13 ·cited 19×·via 42 U.S.C. § 1983 Civil Rights Claim
  An indigent prisoner's civil complaint was dismissed under Florida's 1996 anti-frivolous lawsuit statute (§ 57.085). The court reversed dismissal of the fraud count against one defendant, allowing amendment, while affirming dismissal of defamation and civil rights claims.
• Frank and Seba Genty and Jamie and Frank Genty, Jr. v. Resolution Tr. Corp.
  937 F.2d 899· 3d Cir.· 1991-07-08 ·cited 19×
  A municipality can be held liable under RICO for the predicate acts of its officers or agents, and the court has jurisdiction over the appeal via Rule 54(b) certification.
• Duran v. City OF Douglas
  904 F.2d 1372· 9th Cir.· 1990-06-04 ·cited 19×
  The court held that a police officer's stop and arrest of an individual for making obscene gestures and yelling profanities, which constituted protected speech, was unlawful and violated clearly established constitutional rights, thus denying qualified immunity. The court also fo
• Walker v. A.L. Lockhart
  726 F.2d 1238· 8th Cir.· 1984-01-18 ·cited 19×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court, sitting en banc, granted a petition for recall of mandate and remanded the case to the district court to take evidence on new factual issues. These issues include testimony from Russell Kumpe and his former wife regarding Kumpe's alleged firing of a gun, and the admiss
• Charles v. Wade
  665 F.2d 661· 5th Cir.· 1982-01-11 ·cited 19×
  Police officers testifying within the scope of their duties should have good-faith, qualified immunity from § 1983 liability, not absolute immunity.
• Williams v. Polk Cnty. Sheriff's Off.
  192 F. Supp. 3d 1353· M.D. Fla.· 2023-10-20 ·cited 18×
  A governmental entity is not liable under 42 U.S.C. § 1983 based solely on respondeat superior; liability requires proof of an official policy or custom that caused the constitutional violation.
• Ruiz v. Officer Jennifer Wing
  991 F.3d 1130· 11th Cir.· 2021-03-12 ·cited 18×·via 42 U.S.C. § 1983 (Excessive Force)
  A pro se motion for a new trial, even if stricken as unauthorized, tolls the time for filing a notice of appeal if filed within the time allowed by rule. However, the court affirmed the judgment as none of the appellant's claims had merit.
• Rogers v. C.W. Miller
  57 F.3d 986· 11th Cir.· 1995-06-22 ·cited 18×
  Four members of the Brevard County Sheriff's Department sued under 42 U.S.C. § 1983, alleging that Sheriff C.W. Miller and supervisory defendants violated their First Amendment rights by taking adverse employment action in retaliation for their political support of Miller's oppon
• Burns v. The City OF Galveston
  905 F.2d 100· 5th Cir.· 1990-07-11 ·cited 18×·via Municipal Liability Under § 1983
  The court held that the city's failure to adhere to its hourly cell check policy and its alleged inadequate training of officers did not rise to the level of deliberate indifference required for a § 1983 claim, as the actions did not cause the detainee's suicide and there is no c
• Hale v. Fish
  899 F.2d 390· 5th Cir.· 1990-04-30 ·cited 18×
  The court held that the district court correctly analyzed Section 1983 liability, qualified immunity, and the liability of specific agents, affirming the liability phase and modifying the attorney fees award.
• Geitz v. Lindsey
  893 F.2d 148· 7th Cir.· 1990-01-19 ·cited 18×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the trial court did not abuse its discretion in admitting limited evidence of the plaintiff's pending charges and prior convictions to show the defendants' state of mind and the reasonableness of their actions.