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

• Iwoinakee Gebray Harris-Billups v. Milele Anderson
  61 F.4th 1298· 11th Cir.· 2023-03-13 ·cited 9×
  The court held that the officer's use of deadly force was objectively reasonable under the Fourth Amendment, entitling her to qualified immunity.
• Hjalmar Rodriguez, Jr. v. Burnside
  38 F.4th 1324· 11th Cir.· 2022-06-30 ·cited 9×
  Prison policies limiting shower frequency and clothing worn during transport are reasonably related to legitimate penological interests and do not violate an inmate's First Amendment rights. Even if they did, prison officials are entitled to qualified immunity.
• Nance v. Comm'r, Ga. Dep't of Corr.
  981 F.3d 1201· 11th Cir.· 2020-12-02 ·cited 9×
  Michael Nance, a death row inmate challenging Georgia's lethal injection protocol as unconstitutional under the Eighth Amendment, filed suit under 42 U.S.C. § 1983 seeking an injunction against the only method of execution authorized by state law and proposing firing squad as an
• Burgess v. N. Broward Hosp. Dist.
  126 So. 3d 430· Fla. 4th DCA· 2013-11-13 ·cited 9×
  Shirley Burgess, representing her deceased husband's estate, appealed the dismissal of her 42 U.S.C. § 1983 claim for denial of access to courts against a hospital and neurosurgeon. The court affirmed the dismissal, holding that Burgess failed to allege sufficient facts demonstra
• Pete's Towing Co. v. City of Tampa
  648 F. Supp. 2d 1276· M.D. Fla.· 2009-08-13 ·cited 9×
  The court adopted the magistrate judge's report and recommendation, granting summary judgment for the defendants and denying the plaintiff's objections.
• White v. Sch. Bd. of Hillsborough Cnty.
  636 F. Supp. 2d 1272· M.D. Fla.· 2007-07-11 ·cited 9×
  The court held that most of the plaintiff's claims were dismissed due to lack of standing, failure to state a claim, or untimeliness, but allowed claims for First Amendment retaliation and defamation to proceed.
• Florida Democratic Party v. Hood
  342 F. Supp. 2d 1073· N.D. Fla.· 2004-10-21 ·cited 9×
  Federal law mandates allowing voters to cast provisional ballots even if at the wrong polling place, but does not require counting such ballots if cast at the incorrect precinct.
• Allocco v. City of Coral Gables
  221 F. Supp. 2d 1317· S.D. Fla.· 2002-08-23 ·cited 9×
  The court granted summary judgment for the defendants, finding no misrepresentation or deprivation of constitutional rights.
• Butler v. Dowling
  750 So. 2d 674· Fla. 4th DCA· 1999-12-22 ·cited 9×
  The appellate court held that the trial court's order denying summary judgment on qualified immunity was not a departure from the essential requirements of law, and thus denied certiorari.
• Geidel v. City of Bradenton Beach
  56 F. Supp. 2d 1359· M.D. Fla.· 1999-06-09 ·cited 9×
  The court granted in part and denied in part the defendants' motions to dismiss, finding that while some claims against individual officers were sufficiently pleaded, others against the City and official capacities were not.
• Hazel v. Sch. Bd. of Dade Cnty.
  7 F. Supp. 2d 1349· S.D. Fla.· 1998-05-08 ·cited 9×
  The court granted in part and denied in part the motion to dismiss, finding that the plaintiff stated claims for subject matter jurisdiction, quid pro quo sexual harassment under Title VII, and under the Florida Civil Rights Act, while dismissing other claims with or without prej
• Showers v. City of Bartow
  978 F. Supp. 1464· M.D. Fla.· 1997-09-24 ·cited 9×
  The court held that the plaintiff failed to state sufficient factual allegations to support claims under Title VII, § 1981, and § 1983, and also failed to exhaust administrative remedies for the Title VII claim, but denied dismissal for lack of jurisdiction over the state law cla
• Reserve, Ltd. v. Town of Longboat Key
  933 F. Supp. 1040· M.D. Fla.· 1996-05-22 ·cited 9×
  The court held that a substantive due process claim based on the revocation of a state-created property interest (like a building permit) is no longer cognizable under 42 U.S.C. § 1983 following McKinney v. Pate. However, an equal protection claim and a First Amendment retaliatio
• White Plains Towing Corp. v. Patterson
  991 F.2d 1049· 2d Cir.· 1993-04-21 ·cited 9×
  The court held that the plaintiffs' First Amendment claims lacked merit and that the defendants were entitled to qualified immunity on the due process claims, reversing the district court's judgment.
• Robidoux v. Celani
  987 F.2d 931· 2d Cir.· 1993-03-10 ·cited 9×
  The court held that the district court erred in denying class certification based on an incorrect standard for numerosity and in dismissing the claims as moot, as class claims are inherently transitory and certification relates back to the filing date.
• Paris v. U.S. Dep't OF Hous. & Urban Dev.
  988 F.2d 236· 1st Cir.· 1993-03-04 ·cited 9×
  A party who achieves the relief sought due to intervening congressional action, even without a ruling on the merits, can recover attorney's fees under fee-shifting statutes like the Fair Housing Act and § 1988 if their litigation acted as a catalyst for the change.
• Garner Gregory v. The City OF Rogers
  974 F.2d 1006· 8th Cir.· 1992-09-09 ·cited 9×
  The Due Process Clause does not impose an affirmative duty on police officers to protect citizens from harm caused by third parties absent custody or a special relationship, and Officer Howell did not affirmatively place Gregory and Fields in danger by allowing them to remain in
• Kulwicki v. Dawson
  969 F.2d 1454· 3d Cir.· 1992-07-02 ·cited 9×
  The court held that a prosecutor is absolutely immune from suit for initiating criminal charges, even if motivated by personal animus, and that appellate jurisdiction exists over denials of immunity claims even with disputed facts.
• Sivard v. Pulaski Cnty.
  959 F.2d 662· 7th Cir.· 1992-04-01 ·cited 9×
  The court held that a 17-day detention without being charged before a judicial officer raises genuine issues of material fact regarding unconstitutional detention under § 1983, precluding summary judgment. Claims for inadequate medical care and malpractice are not cognizable unde
• Cookish v. Commissioner Ronald Powell
  945 F.2d 441· 1st Cir.· 1991-09-26 ·cited 9×
  The court held that prison officials are entitled to qualified immunity because it was objectively reasonable for them to believe their conduct was lawful, even if the underlying Fourth Amendment claim might have merit.
• Torchinsky v. Siwinski
  942 F.2d 257· 4th Cir.· 1991-08-09 ·cited 9×
  Deputy Sheriff Siwinski is entitled to qualified immunity because he acted with objective reasonableness in seeking arrest warrants based on the victim's identification, and the municipality cannot be held liable under § 1983 without proof of a policy or custom causing the depriv
• Slattery v. Rizzo
  939 F.2d 213· 4th Cir.· 1991-07-25 ·cited 9×
  Qualified immunity is available in excessive force claims under the Fourth Amendment, and under the undisputed facts, a reasonable officer could have believed the suspect posed a deadly threat, entitling the officer to immunity.
• Dotson v. Lemuel Chester
  937 F.2d 920· 4th Cir.· 1991-06-05 ·cited 9×
  The county is liable for the sheriff's actions regarding the county jail because the sheriff possesses final policymaking authority for the county in that capacity, and the county is also responsible for supplemental attorneys' fees incurred in collecting the original award.
• David F. McCOMB ad litem for Khemsu Walton v. Rosita Wambaugh
  934 F.2d 474· 3d Cir.· 1991-05-30 ·cited 9×
  The court held that the Interstate Compact on the Placement of Children did not apply to a child returned to his mother's custody, and therefore, no special relationship was created between the state and the child that would impose a duty to protect him from his mother's abuse.
• Tufaro v. Willie
  756 F. Supp. 556· S.D. Fla.· 1991-01-31 ·cited 9×
  The court granted the defendants' motion for attorney's fees and costs, awarding $82,500 in fees and $35,875.85 in costs, totaling $118,375.88.
• Brotherton v. Frank P. Cleveland, M.D.
  923 F.2d 477· 6th Cir.· 1991-01-18 ·cited 9×
  A surviving spouse has a legitimate claim of entitlement to a property interest in the decedent's body, including corneas, protected by the Fourteenth Amendment's Due Process Clause, and removal of corneas pursuant to established state procedure without predeprivation process vio
• Cordero v. De Jesus-Mendez
  922 F.2d 11· 1st Cir.· 1990-12-18 ·cited 9×
  In a § 1983 civil rights action, prejudgment interest must be decided by the jury and cannot be awarded by the judge unless the plaintiff requests a jury instruction on the issue prior to submission of the case to the jury; because plaintiffs never requested such an instruction,
• Crain v. Bd. OF Police Comm'rs OF the Metro. Police Dep't OF the City OF ST. Louis
  920 F.2d 1402· 8th Cir.· 1990-12-12 ·cited 9×
  The court held that the officer's due process rights were violated by the failure to provide a hearing on the extent of discipline, as the board considered a biased disciplinary record without the officer's input.
• Streetman v. Lt. Gary Jordan
  918 F.2d 555· 5th Cir.· 1990-12-07 ·cited 9×
  The court held that the appellant failed to meet the heightened pleading standards required to overcome the qualified immunity defense, thus the district court properly granted summary judgment.
• von Clark v. Butler
  916 F.2d 255· 5th Cir.· 1990-11-01 ·cited 9×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court affirmed the district court's attorney fee award, finding no abuse of discretion in the determination of the hourly rate or the number of hours compensated.
• Grunwald v. SAN Bernardino City Unified Sch. Dist.
  917 F.2d 1223· 9th Cir.· 1990-10-31 ·cited 9×
  Advance reductions of agency shop fees are required by the First Amendment even when the union escrows 100% of collected fees, because the collection procedure must be carefully tailored to minimize infringement on nonunion employees' First Amendment rights. Notice of and adequat
• Ellery Cornelius Oliver v. Collins
  914 F.2d 56· 5th Cir.· 1990-09-19 ·cited 9×
  The court held that the magistrate applied an outdated injury standard and improperly dismissed claims where the prisoner alleged an unprovoked, malicious assault by guards, vacating that dismissal.
• Keene Corp. v. Judge J.E. Cass
  908 F.2d 293· 8th Cir.· 1990-07-09 ·cited 9×
  The court held that federal courts lack subject matter jurisdiction to review state court orders when the federal claims are inextricably intertwined with the state court's rulings, and that attorney fees under 42 U.S.C. § 1988 cannot be awarded when a case is dismissed for lack
• Bobal v. Rensselaer Polytechnic Inst.
  916 F.2d 759· 2d Cir.· 1990-05-15 ·cited 9×
  The court held that while dismissal of most claims was proper, the district court abused its discretion by dismissing the remaining claims without first warning the pro se plaintiff of the potential sanction, but later affirmed the dismissal upon learning a warning was given.
• Adela E. (Ratty) Izquierdo Prieto v. Agustin Mercado Rosa
  894 F.2d 467· 1st Cir.· 1990-01-23 ·cited 9×
  The court held that a government employee's claim of age discrimination under the Equal Protection Clause requires showing a lack of rational basis for the action, and that maximizing viewership is a rational basis for transferring a younger employee to a public television progra
• Ruge v. City OF Bellevue
  892 F.2d 738· 8th Cir.· 1989-12-26 ·cited 9×
  The court held that a complaint alleging a city's deliberate policy of not shoring ditches, leading to an employee's death, sufficiently states a claim under 42 U.S.C. § 1983 to survive a motion to dismiss.
• Powers v. The Chicago Transit Auth.
  890 F.2d 1355· 7th Cir.· 1989-12-11 ·cited 9×
  The court affirmed the dismissal of the plaintiff's lawsuit and the finding of contempt, but reduced the amount of accrued fines.
• Weaver v. Reagen
  886 F.2d 194· 8th Cir.· 1989-09-25 ·cited 9×
  Missouri Medicaid may not deny coverage of AZT to eligible AIDS patients whose physicians certify it as medically necessary, even if the patient does not meet the restrictive criteria in the state regulation based on FDA approval.
• Dort Attwood v. Mendocino Coast Dist. Hosp.
  886 F.2d 241· 9th Cir.· 1989-09-22 ·cited 9×
  When a district court declines to exercise jurisdiction under the Colorado River doctrine due to parallel state litigation, it must stay the federal action rather than dismiss it, to ensure the federal forum remains available if the state proceedings prove inadequate.
• Reich v. Beharry
  883 F.2d 239· 3d Cir.· 1989-08-24 ·cited 9×
  The court held that a claim for delayed payment of professional services, even if stemming from a contract with a government entity, does not implicate substantive due process, and adequate state remedies exist for procedural due process claims.
• Small Engine Shop, Inc. v. Concetta Cangelosi Cascio
  878 F.2d 883· 5th Cir.· 1989-08-04 ·cited 9×
  The court held that Louisiana Revised Statute § 13:3886, as interpreted by the district court to be the sole mechanism for actual notice in foreclosure actions, violates the Due Process Clause by impermissibly shifting the entire burden of ensuring notice to the property owner.
• Miller v. Lovett
  879 F.2d 1066· 2d Cir.· 1989-07-17 ·cited 9×
  The court held that the district court erred in instructing the jury on excessive force using an outdated subjective standard and in dismissing the state-law claims.
• Manders v. The State OF Okla.
  875 F.2d 263· 10th Cir.· 1989-05-04 ·cited 9×
  The court held that attorneys' fees under Title VII are not available for services rendered in an optional internal grievance procedure, and that plaintiffs failed to present sufficient evidence of sexual harassment within the statute of limitations for their Section 1983 claims.
• Fla. Pawnbrokers & Secondhand Dealers Ass'n v. City of Fort Lauderdale
  711 F. Supp. 1084· S.D. Fla.· 1989-05-03 ·cited 9×
  A municipality is liable for attorney's fees under 42 U.S.C. § 1988 when it enforces an unconstitutional statute, even if it did not enact the statute, and its choice to defend the suit does not constitute a special circumstance to avoid liability.
• Campbell v. City OF Coral Springs
  538 So. 2d 1373· Fla. 4th DCA· 1989-03-01 ·cited 9×
  Appellants challenged a final judgment dismissing their malicious prosecution and civil rights claims against the City of Coral Springs, arguing that the sovereign immunity waiver statute was unconstitutional as applied to malicious prosecution claims. The court affirmed the judg
• Learned v. City OF Bellevue
  860 F.2d 928· 9th Cir.· 1988-11-03 ·cited 9×
  Summary judgment for the employer was proper because the employee failed to produce evidence supporting claims under Title VII or the Fourteenth Amendment, and Title VII violations cannot form the basis of Section 1983 claims.
• Sparks v. Character & Fitness Comm. OF Ky.
  859 F.2d 428· 6th Cir.· 1988-10-18 ·cited 9×
  The actions of the Kentucky Supreme Court and its Character and Fitness Committee in determining bar admission qualifications are judicial acts protected by absolute judicial immunity, even when performed by non-judicial officers.
• Ga. Ass'n OF Educators v. Gwinnett Cnty. Sch. Dist.
  856 F.2d 142· 11th Cir.· 1988-09-29 ·cited 9×
  The court held that the termination of a dues deduction service could constitute retaliation for the exercise of First Amendment rights, even if the service itself is not a constitutional right.
• DEL A. v. Edwards
  855 F.2d 1148· 5th Cir.· 1988-09-28 ·cited 9×
  The dissent argues that the court should have considered the legal sufficiency of the plaintiffs' claims, concluding that no federal cause of action exists for damages against state officials under the Adoption Assistance Act.
• Doak Walker and Maurice Turner v. Schaeffer
  854 F.2d 138· 6th Cir.· 1988-08-12 ·cited 9×
  A state court conviction, whether by trial or plea, estops plaintiffs from bringing a federal civil rights action alleging false arrest or imprisonment based on the same events.