42 U.S.C. § 1983

12,720 Florida cases classified under this topic, plus 456 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• McCONNELL v. Anderson
  451 F.2d 193· 8th Cir.· 1971-10-18 ·cited 8×
  The court held that the University Board of Regents acted within its discretion and was not arbitrary or capricious in denying employment to an applicant who sought to publicly profess his belief that homosexuals are entitled to equal privileges, as this conduct was not protected
• Thomas C. Knarr & the Griffith Fed'n of Teachers v. The Bd. OF Sch. Trs. OF Griffith
  452 F.2d 649· 7th Cir.· 1971-10-04 ·cited 8×
  The court held that the plaintiff failed to prove his teaching contract was not renewed due to anti-union bias, and the school board's decision was based on his performance.
• Elvert Chisley v. Richland Parish Sch. Bd.
  448 F.2d 1251· 5th Cir.· 1971-09-27 ·cited 8×
  The court held that exhaustion of state remedies is not a prerequisite for filing a claim under 42 U.S.C.A. § 1983.
• Grausam v. Henry S. Murphey, M.D.
  448 F.2d 197· 3d Cir.· 1971-09-07 ·cited 8×
  The court held that a probationary public employee's interest in continued employment is conditional and does not require a pre-termination hearing to satisfy due process, especially when balanced against the state's interest in efficient administration.
• Cruz v. Beto
  445 F.2d 801· 5th Cir.· 1971-07-15 ·cited 8×
  The appellate court affirmed the dismissal, finding the inmate failed to demonstrate error in the lower court's ruling.
• Torres v. Garcia
  444 F.2d 537· 9th Cir.· 1971-06-08 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
• Calloway v. Briggs
  443 F.2d 296· 6th Cir.· 1971-05-24 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  A complaint alleging that a state statute authorizing school expulsion without prior notice and hearing violates the Fourteenth Amendment Due Process Clause raises a substantial federal question requiring convening of a three-judge court; a single district judge may not decide th
• Kish v. The Cnty. OF Milwaukee
  441 F.2d 901· 7th Cir.· 1971-04-14 ·cited 8×
  The court held that a sheriff is not personally liable under 42 U.S.C. § 1983 for prisoner assaults if the assaults resulted from jail overcrowding and poor construction, and the sheriff made reasonable efforts to alleviate those conditions.
• Campagnuolo v. Harder
  440 F.2d 1225· 2d Cir.· 1971-03-29 ·cited 8×
  The court held that the complaint raised a colorable constitutional issue within the jurisdictional guidelines of Johnson v. Harder, and thus a three-judge court must be convened.
• Livingston v. Garmire
  437 F.2d 1050· 5th Cir.· 1971-01-22 ·cited 8×
  The court held that subsections (a) and (f) of the Miami disorderly conduct ordinance were unconstitutional on their face due to vagueness and overbreadth, and thus affirmed the district court's judgment.
• Collins v. State
  432 F.2d 60· 5th Cir.· 1970-09-23 ·cited 8×
  The court held that the district court properly denied relief on the appellant's petitions, finding no basis for a Civil Rights action or habeas corpus relief.
• Abernathy v. Conroy
  429 F.2d 1170· 4th Cir.· 1970-07-21 ·cited 8×
  The court held that Charleston's ordinance prohibiting parades after 8 p.m. is facially constitutional, and the South Carolina common law definition of riot is also constitutional.
• Butler v. Sinn
  423 F.2d 1116· 3d Cir.· 1970-04-03 ·cited 8×
  The court held that the complaint was properly dismissed as barred by the statute of limitations.
• Baker v. Howard
  419 F.2d 376· 9th Cir.· 1969-12-08 ·cited 8×
  The court held that the alleged invasion of privacy, even if proven, did not rise to the level of a constitutional deprivation actionable under § 1983.
• Elmwood Props., Inc. v. Murray Conzelman
  418 F.2d 1025· 7th Cir.· 1969-11-26 ·cited 8×
  The court held that the plaintiffs failed to state a claim under the Civil Rights Act because they did not demonstrate purposeful discrimination or a deprivation of constitutional rights, and available state remedies were not exhausted.
• Finley v. Baxter Rittenhouse
  416 F.2d 1186· 9th Cir.· 1969-10-20 ·cited 8×
  The court held that the appellant's conclusory allegations, unsupported by factual details, were insufficient to state a claim for relief under 42 U.S.C. § 1983.
• Caplan v. Johnson
  414 F.2d 615· 5th Cir.· 1969-06-19 ·cited 8×
  The court held that the insurer is liable for the judgment against its insureds because the civil rights violation, involving false arrests, falls within the scope of the False Arrest Liability Insurance Policy.
• Ashton Jones v. Bd. OF Regents OF the Univ. & State Colleges OF Ariz.
  397 F.2d 259· 9th Cir.· 1968-06-13 ·cited 8×
  The court held that the district court did not abuse its discretion in denying the appellant's prayer for a preliminary injunction.
• Bane v. Spencer
  393 F.2d 108· 1st Cir.· 1968-04-12 ·cited 8×
  Summary judgment for the Commissioner of Mental Health is vacated because the defendant relied on impounded medical records and failed to answer interrogatories, preventing the plaintiff from adequately responding.
• Brown v. Town OF Caliente
  392 F.2d 546· 9th Cir.· 1968-04-01 ·cited 8×
  Political subdivisions of a state are not 'persons' amenable to suit under 42 U.S.C. § 1983, and a state's waiver of sovereign immunity does not alter this interpretation.
• Felton v. Hodges
  374 F.2d 337· 5th Cir.· 1967-03-22 ·cited 8×
  A state may regulate the conduct of its own citizens on the high seas concerning matters of legitimate state interest, even if the conduct occurs outside territorial waters, and arrests made in furtherance of such regulation are permissible.
• Newton Townsend v. State OF Ohio
  366 F.2d 33· 6th Cir.· 1966-09-15 ·cited 8×
  The court affirmed the denial of removal and injunctive relief, holding that federal courts should not interfere with state criminal proceedings before they conclude.
• Bradford v. Sch. Dist. NO. 20
  364 F.2d 185· 4th Cir.· 1966-06-06 ·cited 8×
  The court held that the plaintiff failed to state a claim for equitable relief, as he did not demonstrate genuine issues of fact regarding his due process or equal protection claims and did not pursue available state remedies.
• Jess Solomon Ivey v. Frost
  346 F.2d 115· 8th Cir.· 1965-06-01 ·cited 8×
  The court held that the trial court did not abuse its discretion in denying the plaintiff leave to proceed with his civil claim in forma pauperis.
• Wise v. City OF Chicago
  308 F.2d 364· 7th Cir.· 1962-09-27 ·cited 8×
  The court held that a municipal corporation and its prosecuting officials are not subject to suit under 42 U.S.C.A. § 1983, and that plaintiff's distinguishing arguments were conclusory rather than factual.
• Williams v. HOT Shoppes, Inc.
  293 F.2d 835· D.C. Cir.· 1961-04-20 ·cited 8×
• Baron v. O'Sullivan
  258 F.2d 336· 3d Cir.· 1958-07-10 ·cited 8×
  A litigant cannot seek a federal remedy under the Civil Rights Act before exhausting available state administrative remedies.
• Reddix v. Mrs. May Lucky
  252 F.2d 930· 5th Cir.· 1958-02-25 ·cited 8×
  The court held that the complaint stated a claim for relief and that the case was improperly disposed of on a motion for summary judgment, as genuine issues of material fact remained.
• United States ex rel. Blanche Hobbs McNEILL v. Mesrop A. Takumianz, M.D.
  242 F.2d 191· 3d Cir.· 1957-03-15 ·cited 8×
  The court held that a federal court cannot enjoin a state official from acting under a state statute on the grounds of unconstitutionality without a three-judge panel, and if the statute is constitutional, such an action is barred by the Eleventh Amendment.
• Nelson v. Knox
  230 F.2d 483· 6th Cir.· 1956-02-09 ·cited 8×
  An action brought under 42 U.S.C.A. § 1983 for damages to property rights survives the death of the plaintiff.
• Germaine Smart v. Coii Ronald England
  93 F.4th 1283· 11th Cir.· 2024-02-16 ·cited 7×
  Germaine Smart, an incarcerated person, sued prison officials England, Malone, and Baker for retaliating against him in violation of the First Amendment after he filed a grievance alleging that Sergeant England sexually assaulted him during a pat-down search. The Eleventh Circuit
• Bailey v. Swindell
  89 F.4th 1324· 11th Cir.· 2024-01-08 ·cited 7×
  The Eleventh Circuit held that the district court erred in granting judgment as a matter of law for the defendant officer on qualified immunity grounds, reversing the decision and reinstating the jury's verdict.
• Sosa v. Martin Cnty.
  57 F.4th 1297· 11th Cir.· 2023-01-20 ·cited 7×
  David Sosa, an innocent man arrested twice on the same warrant intended for another David Sosa, sued under 42 U.S.C. § 1983 after being detained for three days in the second arrest based on mistaken identity. The Eleventh Circuit held that under the Supreme Court's precedent in B
• Henderson v. McMurray
  987 F.3d 997· 11th Cir.· 2021-02-09 ·cited 7×
  The court held that the Hendersons failed to state a claim because their complaint lacked critical facts to establish a violation of their First Amendment rights, specifically regarding the noise provision in their permit.
• Hall v. Sec'y, State of Ala.
  902 F.3d 1294· 11th Cir.· 2018-08-29 ·cited 7×·via 42 U.S.C. § 1983 Civil Rights Action
  A case challenging a ballot-access requirement applied to a special election for a U.S. House seat is moot and does not fall within the capable-of-repetition-yet-evading-review exception when the plaintiff cannot demonstrate a reasonable expectation of being subjected to the same
• Stanley v. Broward Cnty. Sheriff
  843 F.3d 920· 11th Cir.· 2016-12-14 ·cited 7×
  Jeffrey Stanley, a former Broward County Sheriff's Office deputy, sued Sheriff Scott Israel under 42 U.S.C. § 1983 alleging that he was denied rehire due to his political support for Israel's predecessor's political opponent, violating his First Amendment rights. The district cou
• Davis v. BAY Cnty. Jail
  155 So. 3d 1173· Fla. 1st DCA· 2014-10-13 ·cited 7×
  A prisoner sued jail officials for inadequate medical care in violation of the Eighth Amendment under 42 U.S.C. § 1983. The trial court dismissed the complaint, but the appellate court reversed in part, holding that the prisoner sufficiently alleged facts of deliberate indifferen
• Andela v. Univ. of Miami
  692 F. Supp. 2d 1356· S.D. Fla.· 2010-03-08 ·cited 7×
  The court granted in part the defendants' motions to dismiss or for summary judgment, finding many of the plaintiff's claims barred by res judicata and collateral estoppel, and others failed to state a claim.
• Johnston v. Tampa Sports Auth. & Henry G. Saavedra
  530 F.3d 1320· 11th Cir.· 2008-06-18 ·cited 7×·via 42 U.S.C. § 1983 Civil Rights Action
  Gordon Johnston, a season ticket holder for Tampa Bay Buccaneers games, challenged the Tampa Sports Authority's pat-down search policy instituted at the NFL's mandate as violating the Fourth Amendment and Florida Constitution. The Eleventh Circuit reversed the district court's pr
• Verna v. Pub. Health Tr. of Miami-Dade Cnty.
  539 F. Supp. 2d 1340· S.D. Fla.· 2008-02-26 ·cited 7×
  Summary judgment was granted for the defendant on all counts, as the plaintiff failed to establish a prima facie case of discrimination or retaliation, and her disability discrimination claims were not supported by sufficient evidence of substantial limitation or employer knowled
• Miami-Dade Cnty. v. Denis Cardoso
  963 So. 2d 825· Fla. 3d DCA· 2007-08-08 ·cited 7×
  Miami-Dade County appeals a jury verdict awarding Denis Cardoso $73,000 in damages for eight false arrest and/or imprisonment claims. The court affirms awards for past economic and non-economic damages but reverses the $10,000 award for future economic damages, finding insufficie
• Hollywood Cmty. Synagogue, Inc. v. City of Hollywood
  430 F. Supp. 2d 1296· S.D. Fla.· 2006-05-10 ·cited 7×
  The court granted in part and denied in part the defendant's motions to dismiss, allowing certain claims to proceed while dismissing others.
• Sherrod v. Palm Beach Cnty. Sch. Dist.
  424 F. Supp. 2d 1341· S.D. Fla.· 2006-03-26 ·cited 7×
  The court held that the school district is not liable under § 1983 because the plaintiff failed to establish that the final policymakers (the school board) endorsed or were legally responsible for the superintendent's alleged retaliatory actions.
• Munera v. Metro W. Detention Ctr.
  351 F. Supp. 2d 1353· S.D. Fla.· 2004-12-14 ·cited 7×
  The court held that the defendant officer is entitled to qualified immunity on the claims of excessive force and verbal abuse, and that summary judgment is appropriate.
• Carestio v. The Sch. Bd. OF Broward Cnty.
  866 So. 2d 754· Fla. 4th DCA· 2004-02-18 ·cited 7×
  The Carestios sued the Broward County School Board for battery arising from an alleged assault on their minor son by three school security officers. The trial court granted summary judgment for the School Board based on sovereign immunity, but the appellate court reversed, holdin
• Medina v. Minerva
  907 F. Supp. 379· M.D. Fla.· 1995-11-21 ·cited 7×
  A prisoner's claim for damages under 42 U.S.C. § 1983, which challenges the validity of their conviction or sentence, is premature and must be dismissed if the conviction or sentence has not yet been invalidated.
• Decarion v. Monroe Cnty.
  853 F. Supp. 1415· S.D. Fla.· 1994-05-19 ·cited 7×
  The court held that while the county's denial of the infrastructure permit deprived plaintiffs of a protected property interest, the denial was not arbitrary and capricious, thus not rising to the level of a constitutional tort.
• Surface v. Town OF BAY Harbor Islands
  625 So. 2d 109· Fla. 3d DCA· 1993-10-12 ·cited 7×
  The court held that a Pure Bill of Discovery can be amended to include a statutory cause of action, and leave to amend should be freely given.
• Gersten v. Rundle
  833 F. Supp. 906· S.D. Fla.· 1993-09-14 ·cited 7×
  The court held that the plaintiff failed to state a claim for injunctive relief because the alleged bad faith actions did not rise to the level of an imminent prosecution or infringement of constitutional rights, and federal courts should not interfere with state contempt proceed
• Aphrodite E. Karatinos and Nicholas E. Karatinos v. Town OF Juno Beach
  621 So. 2d 469· Fla. 4th DCA· 1993-04-14 ·cited 7×
  The Karatinos, who owned oceanfront property, sued the Town of Juno Beach for damages, alleging the town wrongfully prevented them from building on their property from 1982 to 1985. The court affirmed judgment for the town, finding that even if the town acted improperly, the Flor