42 U.S.C. § 1983

12,666 Florida cases classified under this topic, plus 447 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Carbalan v. Vaughn
  760 F.2d 662· 5th Cir.· 1985-05-20 ·cited 11×
  The court held that the district court did not abuse its discretion in denying leave to amend the complaint, the city was not liable for the judge's judicial acts, and the plaintiff did not prevail to be entitled to attorney's fees.
• Sunshine State Serv. Corp. v. Dove Invs. OF Hillsborough
  468 So. 2d 281· Fla. 5th DCA· 1985-03-14 ·cited 11×
  Sunshine State Service Corporation challenged a circuit court's stay of state court proceedings in favor of a subsequently filed federal action by the respondents. The Florida appellate court quashed the stay, holding that the state court lacked authority to stay the first-filed
• Morton P. MacLEOD v. Cnty. OF Santa Clara
  749 F.2d 541· 9th Cir.· 1984-12-10 ·cited 11×
  The denial of a permit to harvest timber did not constitute a compensable taking because it did not interfere with the primary uses or investment-backed expectations of the property, even if it prevented the 'highest and best use'.
• Hindman v. The City OF Paris
  746 F.2d 1063· 5th Cir.· 1984-11-19 ·cited 11×
  The court held that the trial judge erred by taking the factual issue of whether the officers intentionally or recklessly misled the magistrate regarding the informant's identity and reliability from the jury.
• Lucius T. Solomon v. Hardison
  746 F.2d 699· 11th Cir.· 1984-11-01 ·cited 11×
  The court held that the requirement for a right-to-sue letter from the Attorney General under Title VII is subject to equitable waiver, and that the appropriate statute of limitations for a section 1983 employment discrimination claim is the 20-year period under Ga.Code Ann. § 9-
• Gibson v. Firestone
  741 F.2d 1268· 11th Cir.· 1984-08-28 ·cited 11×
  The federal court did not abuse its discretion in denying injunctive relief to compel the Secretary of State to disregard a Florida Supreme Court decision invalidating a proposed constitutional amendment.
• Jones v. Bd. OF Comm'rs OF the Ala. State BAR
  737 F.2d 996· 11th Cir.· 1984-07-30 ·cited 11×
  The court held that the limited right of review for an Alabama Bar applicant who has failed the examination five times, combined with the five-time limitation on taking the bar examination, violates due process.
• Lyon v. Hal Farrier
  730 F.2d 525· 8th Cir.· 1984-03-20 ·cited 11×
  Prison officials' actions in limiting inmate property and destroying contraband did not violate constitutional rights, and uncorroborated testimony was insufficient to prove a claim.
• Forehand v. First Ala. Bank OF Dothan
  727 F.2d 1033· 11th Cir.· 1984-03-19 ·cited 11×
  The district court did not abuse its discretion by abstaining from hearing the § 1983 claim pending resolution of state court proceedings.
• Scott v. Judge Wilson Hayes
  719 F.2d 1562· 11th Cir.· 1983-11-21 ·cited 11×
  A judge is absolutely immune from liability under 42 U.S.C.A. §§ 1981, 1983, and 1985(3) for suggesting or ordering a vasectomy as a condition of a favorable property settlement in a divorce proceeding, provided the actions were taken in a judicial capacity and within the judge's
• LEE v. Winston
  717 F.2d 888· 4th Cir.· 1983-09-14 ·cited 11×
  The court held that the involuntary surgical removal of a bullet from a suspect's body, under the circumstances presented, would violate the Fourth Amendment's protection against unreasonable searches. It also held that such a claim is cognizable under 42 U.S.C. § 1983, not habea
• Webb v. Cnty. Bd. OF Educ. OF Dyer Cnty.
  715 F.2d 254· 6th Cir.· 1983-08-29 ·cited 11×
  Attorney's fees are not recoverable under 42 U.S.C. § 1988 for services rendered in optional state administrative proceedings when exhaustion of those remedies is not required.
• Sommer v. Correctional Officer R. Dixon
  709 F.2d 173· 2d Cir.· 1983-06-08 ·cited 11×
  The court held that the inmate's complaint failed to state a claim for a due process violation, as he received adequate notice and opportunity to be heard, and his conspiracy claim was too vague.
• Bell v. Einer Mickelsen
  710 F.2d 611· 10th Cir.· 1983-04-01 ·cited 11×
  The court held that the trial court erred in applying comparative negligence to intentional tort damages and in apportioning damages between defendants, but that the § 1983 waiver issue was not preserved for appeal.
• Estes v. Tuscaloosa Cnty.
  696 F.2d 898· 11th Cir.· 1983-01-24 ·cited 11×
  Section 1988 does not provide a cause of action for attorney's fees to a party who prevailed in state administrative proceedings but cannot establish an independent claim for relief under section 1983.
• Tonora Archibald v. Mosel
  677 F.2d 5· 1st Cir.· 1982-04-28 ·cited 11×
  The court held that the warrantless entry into the apartment was justified by exigent circumstances, making the search constitutional.
• Johann Schmidt and Leland Pollard v. Oakland Unified Sch. Dist.
  662 F.2d 550· 9th Cir.· 1981-11-05 ·cited 11×
  The court held that the Oakland Unified School District's affirmative action plan (AAP) for construction contracts is constitutional under the Equal Protection Clause, and affirmed the district court's grant of summary judgment for the defendants.
• Uptown People's Cmty. Health Servs. Bd. OF Directors v. The Bd. OF Comm'rs OF Cook Cnty. & the Cnty. of Cook
  647 F.2d 727· 7th Cir.· 1981-04-21 ·cited 11×
  The district court lacked pendent jurisdiction over the state contract claims because no substantial federal claim was alleged, and therefore, the court should not have ruled on them.
• Sullivan v. Sgt. Ford
  609 F.2d 197· 5th Cir.· 1980-01-04 ·cited 11×
  Confiscation of inmate's money in excess of $15, found hidden, was reasonable and did not violate due process.
• Campbell v. Amax Coal Co. & Bob G. Hughes
  610 F.2d 701· 10th Cir.· 1979-12-17 ·cited 11×
  The court held that the appellants' complaint failed to state a claim under 42 U.S.C. §§ 1983, 1985, 1986, and did not establish a constitutional violation.
• United Black Firefighters OF Norfolk v. Hirst
  604 F.2d 844· 4th Cir.· 1979-08-29 ·cited 11×
  The court held that certain plaintiffs adequately stated claims for promotion discrimination under Title VII, § 1981, and § 1983, and that the class action for employees could proceed. However, claims by applicants and one employee were properly dismissed.
• Lister v. Comm'rs Court
  566 F.2d 490· 5th Cir.· 1978-01-17 ·cited 11×
  The court held that a special master who previously testified for a party should not have been appointed, and that plaintiffs failed to establish the jurisdictional amount for federal question jurisdiction, requiring remand.
• Drummond v. Fulton Cnty. Dep't OF Fam. & Child's. Servs.
  547 F.2d 835· 5th Cir.· 1977-02-02 ·cited 11×
  The dissenting judge would affirm the district court's decision, holding that a state child placement agency can constitutionally consider race as a factor in determining a child's best interests for adoption.
• Mogle v. Sevier Cnty. Sch. Dist.
  540 F.2d 478· 10th Cir.· 1976-08-11 ·cited 11×
  A continuing residency requirement for school counselors, even if not written or uniformly applied, does not violate the Equal Protection or Due Process Clauses if it rationally relates to legitimate state purposes and does not involve a conclusive presumption.
• Nelson v. Stratton
  469 F.2d 1155· 5th Cir.· 1972-11-20 ·cited 11×
  A retained attorney is not acting under color of state law for purposes of 42 U.S.C. § 1983.
• Burnett v. Short
  441 F.2d 405· 5th Cir.· 1971-04-13 ·cited 11×
  The court held that a plaintiff need not exhaust state remedies before bringing a Section 1983 claim in federal court. The court also held that the complaint failed to allege sufficient facts to support a Section 1985 conspiracy claim.
• Davis v. United States
  439 F.2d 1118· 8th Cir.· 1971-02-22 ·cited 11×
  The court held that neither the United States nor the Department of Public Welfare can be sued under 42 U.S.C. § 1983, and the individual jail officials were not liable as the alleged tear gas exposure did not rise to a constitutional violation.
• Demich, Inc. v. Ferdon
  426 F.2d 643· 9th Cir.· 1970-05-13 ·cited 11×
  The court held that a prior adversary hearing is constitutionally required before allegedly obscene film, held for exhibition, can be seized, even if only a single copy is involved.
• Perley Wilson v. Prasse
  404 F.2d 1380· 3d Cir.· 1968-12-16 ·cited 11×
  The court held that the prisoner's allegations of denial of religious exercise stated a cause of action under 42 U.S.C. § 1983, and the dismissal of this claim was improper.
• Marlowe v. Coakley
  404 F.2d 70· 9th Cir.· 1968-11-22 ·cited 11×
  Prosecuting attorneys are immune from civil liability for acts committed in the performance of duties that are an integral part of the judicial process.
• Baughcum v. Genola Jackson
  92 F.4th 1024· 11th Cir.· 2024-02-09 ·cited 10×
  The Eleventh Circuit held that plaintiffs have standing to sue probate judges regarding Georgia's age restrictions on firearm carry licenses, but not the Commissioner of Public Safety. The case is neither moot nor unripe for at least one plaintiff and the FPC.
• Wilson v. Sec'y, Dep't of Corr.
  54 F.4th 652· 11th Cir.· 2022-11-29 ·cited 10×
  A Florida prison inmate and veteran challenged prison officials' seizure of his Veterans Administration disability benefits to satisfy prison liens and medical charges in violation of 38 U.S.C. § 5301, which protects VA benefits from attachment and seizure. The Eleventh Circuit a
• S. Grand View Dev. Co., Inc. v. City of Alabaster
  1 F.4th 1299· 11th Cir.· 2021-06-21 ·cited 10×
  South Grande View Development Company purchased 547 acres of land in Alabaster, Alabama, planning to develop it according to an approved master plan that zoned most of the final phase (Sector 16) for R-4 garden homes and R-7 townhomes, but the city rezoned Sector 16 to R-2 single
• Wollschlaeger v. Governor of the State OF Fla.
  797 F.3d 859· 11th Cir.· 2015-07-28 ·cited 10×
  The Eleventh Circuit Court of Appeals reversed the district court's grant of summary judgment and injunction, holding that Florida's Firearm Owners Privacy Act (the Act) does not facially violate the First or Fourteenth Amendments. The court found that the Act's provisions regard
• Maschmeier v. Scott
  508 F. Supp. 2d 1180· M.D. Fla.· 2007-06-28 ·cited 10×
  The court held that the Sheriff was not the final policymaker for § 1983 purposes and that the plaintiff's actions constituted political affiliation, not protected speech, thus precluding his claim for political retaliation.
• Valdes v. Crosby
  390 F. Supp. 2d 1084· M.D. Fla.· 2005-03-31 ·cited 10×
  The court held that material issues of fact precluded summary judgment for defendant Crosby, but granted summary judgment for defendants Giebeig, Thornton, McEaehern, and Burger.
• MacLean v. City of St. Petersburg
  194 F. Supp. 2d 1290· M.D. Fla.· 2002-03-18 ·cited 10×
  The court held that the plaintiff failed to establish a prima facie case for retaliation under Title VII and the Florida Civil Rights Act, and that her speech was not a matter of public concern for First Amendment protection.
• Crenshaw v. City of Defuniak Springs
  891 F. Supp. 1548· N.D. Fla.· 1995-05-12 ·cited 10×
  The court held that the defendant is entitled to summary judgment because the plaintiff failed to demonstrate discriminatory intent or a violation of clearly established constitutional law, and the defendant is entitled to qualified immunity.
• Eubanks v. Gerwen
  40 F.3d 1157· 11th Cir.· 1994-12-22 ·cited 10×
  Howard Eubanks was arrested for cocaine possession based on an informant's tip, acquitted at trial, and sued police officers under 42 U.S.C. § 1983 for false arrest and malicious prosecution. The Eleventh Circuit affirmed summary judgment on the false arrest claim based on qualif
• Jordan v. Booth Gardner
  986 F.2d 1521· 9th Cir.· 1993-02-25 ·cited 10×
  The court held that the prison policy allowing cross-gender searches did not violate the Eighth Amendment, and the Fourth Amendment analysis should not employ a balancing test as suggested by a concurring opinion.
• Dinhora Quintero de Quintero v. Awilda Aponte-Roque
  974 F.2d 226· 1st Cir.· 1992-09-10 ·cited 10×
  The court held that the plaintiff failed to show that the defendants' actions violated any clearly established federal constitutional or statutory right, thus affirming the grant of qualified immunity.
• Bartlett v. Colonel C.E. Fisher
  972 F.2d 911· 8th Cir.· 1992-08-13 ·cited 10×
  The court held that the defendants are entitled to qualified immunity on both the procedural due process and First Amendment claims.
• Florida Municipal Liability Self Insurers Program v. Mead Reinsurance Corp.
  644 F. App'x 913· S.D. Fla.· 1992-06-03 ·cited 10×
  The court held that the insureds' failure to provide timely notice of underlying proceedings to the excess insurer constituted a material breach of the policy, substantially prejudicing the insurer and relieving it of its duty to defend or indemnify.
• Yvonne L. v. NEW Mexico Dep't OF Human Servs.
  959 F.2d 883· 10th Cir.· 1992-03-24 ·cited 10×
  The court held that the Adoption Assistance and Child Welfare Act of 1980 does not create an individual right of action for money damages under 42 U.S.C. § 1983, but reversed the grant of summary judgment on the constitutional claim, finding a clearly established right to safety
• Norbert C. Pearson v. City OF Grand Blanc
  961 F.2d 1211· 6th Cir.· 1992-03-10 ·cited 10×
  The Sixth Circuit affirmed the district court's grant of summary judgment, holding that the denial of a zoning change application was not arbitrary and capricious under substantive due process, as it was rationally related to legitimate zoning concerns like traffic and over-comme
• Lawline v. Am. BAR Ass'n
  956 F.2d 1378· 7th Cir.· 1992-02-25 ·cited 10×
  The court held that the challenged legal ethics rules are immune from antitrust challenges and do not violate constitutional rights, affirming the dismissal of the plaintiffs' complaint.
• Rich v. City OF Mayfield Heights
  955 F.2d 1092· 6th Cir.· 1992-02-04 ·cited 10×
  The court held that the police officers were entitled to qualified immunity because their prompt action in calling for paramedics, rather than attempting to cut down the hanging detainee themselves, did not violate a clearly established constitutional right.
• Castro-Aponte v. Ligia-Rubero
  953 F.2d 1429· 1st Cir.· 1992-01-21 ·cited 10×
  Government officials are shielded by qualified immunity when their conduct does not violate clearly established constitutional rights, and the law regarding politically motivated transfers short of discharge was not clearly established at the time of the alleged conduct.
• Vaughan v. Ricketts
  950 F.2d 1464· 9th Cir.· 1991-12-13 ·cited 10×
  The court held that Koch's appeal timeliness must be determined by the district court, and affirmed the denial of the jnov motion regarding qualified immunity, finding the jury's verdicts reconcilable.
• MacEne v. MJW, Inc.
  951 F.2d 700· 6th Cir.· 1991-12-12 ·cited 10×
  A plaintiff claiming a taking without just compensation must first utilize available state inverse condemnation procedures. A procedural due process claim challenging established state procedures does not require pleading inadequacy of state remedies if the procedures themselves