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

• Gerritsen v. Consulado General de Mexico
  989 F.2d 340· 9th Cir.· 1993-03-30 ·cited 7×
  The court affirmed the district court's dismissal of claims against the FBI due to lack of jurisdiction, the dismissal of FBI Agent Berrios based on the statute of limitations, and the dismissal of the Mexican Consulate and its officials due to improper service and Vienna Convent
• Valencia v. Wiggins
  981 F.2d 1440· 5th Cir.· 1993-01-18 ·cited 7×
  The court held that the Due Process Clause, not the Fourth Amendment, provides the constitutional basis for pretrial detainee excessive force claims, and the appropriate standard is whether force was applied maliciously and sadistically for the purpose of causing harm, not in goo
• Salas v. Carpenter
  980 F.2d 299· 5th Cir.· 1992-12-16 ·cited 7×
  The court held that the sheriff was entitled to qualified immunity because the plaintiffs failed to state a claim for a violation of clearly established constitutional law, and the sheriff's actions did not constitute an abuse of governmental power or a violation of due process.
• Leaf v. Supreme Court OF the State OF Wis.
  979 F.2d 589· 7th Cir.· 1992-11-12 ·cited 7×
  The Rooker-Feldman doctrine bars federal district courts from reviewing claims that are inextricably intertwined with state court judgments, but it does not bar claims brought by individuals who were not parties to the state proceedings.
• Scott v. O'Grady
  975 F.2d 366· 7th Cir.· 1992-09-16 ·cited 7×
  The court held that sheriffs and deputy sheriffs in Illinois act as state officials when enforcing court orders, thus their actions in such capacity are barred by the Eleventh Amendment. The suit against them in their official capacities was dismissed.
• Pritchett v. R.N. Alford
  973 F.2d 307· 4th Cir.· 1992-08-19 ·cited 7×
  The court affirmed the denial of qualified immunity for officers regarding Robert Pritchett's arrest and the Garage's removal from the wrecker list, finding clearly established rights were violated.
• Warlick v. Cross
  969 F.2d 303· 7th Cir.· 1992-07-17 ·cited 7×
  The court held that the trial court erred in finding the jury's answer to a special interrogatory inconsistent with the general verdict, and that the officer was entitled to qualified immunity.
• Covino v. Patrissi
  967 F.2d 73· 2d Cir.· 1992-06-17 ·cited 7×
  The court held that the random visual body-cavity search policy at NWSCF was reasonably related to legitimate penological interests and thus not an unreasonable regulation under the Fourth Amendment.
• Comm. FOR THE First Amendment v. Campbell
  962 F.2d 1517· 10th Cir.· 1992-05-06 ·cited 7×
  The court held that the district court properly granted summary judgment on the mootness of injunctive relief claims but erred in dismissing the nominal damages claim. The court also affirmed the denial of the Rule 56(f) motion for discovery.
• Francine Sutton v. Cleveland Bd. of Educ.
  958 F.2d 1339· 6th Cir.· 1992-03-19 ·cited 7×
  The court held that the grievance procedure, even with an intermediate divided board, still constitutes a process leading to final and binding arbitration under Ohio law.
• Auriemma v. Rice
  957 F.2d 397· 7th Cir.· 1992-02-28 ·cited 7×
  A municipal official's final decision does not establish municipal policy if it violates existing local law or custom.
• Patrick v. Miller
  953 F.2d 1240· 10th Cir.· 1992-01-27 ·cited 7×
  The court held that the defendants were not entitled to qualified immunity on the plaintiff's First and Fourteenth Amendment claims under 42 U.S.C. § 1983, but affirmed the grant of qualified immunity on the § 1981 claim due to the law not being clearly established at the time of
• Hohmeier v. Leyden Cmty. High Schs. Dist. 212
  954 F.2d 461· 7th Cir.· 1992-01-22 ·cited 7×
  A public school board policy, even if promulgated under statutory authority, does not create a constitutionally protected property interest in continued employment unless it contains explicitly mandatory language and has binding force, which Policy 4223 lacked.
• Napolitano v. Flynn
  949 F.2d 617· 2d Cir.· 1991-11-22 ·cited 7×
  The court held that officers are entitled to qualified immunity from suit on state law claims because their actions did not violate clearly established rights, and federal claims must be dismissed due to insufficient allegations.
• Luna v. City & Cnty. OF Denver
  948 F.2d 1144· 10th Cir.· 1991-11-01 ·cited 7×
  The court held that the trial court's finding of intentional discrimination based on national origin was not clearly erroneous, affirming the judgment for the plaintiff.
• Corn v. City of Lauderdale Lakes
  771 F. Supp. 1557· S.D. Fla.· 1991-08-30 ·cited 7×
  The court held that the city acted arbitrarily and capriciously in denying the plaintiff's development plan, constituting a violation of substantive due process, and that the plaintiff had a constitutionally protected property interest.
• Ricciuti v. N.Y.C. Transit Auth.
  941 F.2d 119· 2d Cir.· 1991-08-05 ·cited 7×
  This is a dissenting opinion arguing that the judge of compensation claims should have affirmed the order in its entirety, particularly regarding the wage loss and deemed earnings, and should not have remanded the case for further findings.
• Kamenesh v. City of Miami
  772 F. Supp. 583· S.D. Fla.· 1991-07-15 ·cited 7×
  The court held that genuine issues of material fact precluded summary judgment on claims of due process violations, denial of promotion, and violations of the Police Officer's Bill of Rights, but granted summary judgment on the fraud claim.
• Monroe v. Thigpen
  932 F.2d 1437· 11th Cir.· 1991-06-10 ·cited 7×
  The court held that while there is no liberty interest in parole under Alabama law, prison officials cannot rely on knowingly false information in denying parole or custody classification, as doing so violates due process.
• Perotti v. Seiter
  935 F.2d 761· 6th Cir.· 1991-06-06 ·cited 7×
  The court held that while attorney fees are due, the multiplier award must be reconsidered due to improper justifications and a conceded error in the base calculation.
• Andrews v. Wilkins
  934 F.2d 1265· D.C. Cir.· 1991-05-31 ·cited 7×
  Police officers have no constitutional duty to rescue a person in danger. Even if police action interferes with private rescue efforts, such interference does not violate a clearly established constitutional right unless the contours of that right were sufficiently clear that a r
• Kopec v. Coughlin
  922 F.2d 152· 2d Cir.· 1991-01-02 ·cited 7×
  The court held that a district court errs by considering evidence outside the pleadings on a motion to dismiss without notifying the non-moving party and affording them an opportunity to respond, thereby improperly converting the motion to one for summary judgment.
• Post v. City of Fort Lauderdale
  750 F. Supp. 1131· S.D. Fla.· 1990-11-15 ·cited 7×
  Municipal departments are not proper parties to a lawsuit; only the municipality itself can be sued.
• Lucero v. Hart
  915 F.2d 1367· 9th Cir.· 1990-10-03 ·cited 7×
  The court held that the county officials were entitled to qualified immunity on the § 1983 claim because no clearly established law protected the plaintiff's property interest in her job. The court also affirmed the grant of summary judgment on the Rehabilitation Act claim, findi
• Domiano v. The Vill. OF River Grove
  904 F.2d 1142· 7th Cir.· 1990-06-08 ·cited 7×
  The court held that while the plaintiff's insubordination in refusing to follow a village ordinance justified his dismissal under the First Amendment, the brief phone call he received did not satisfy due process requirements for termination of his employment, as he had a property
• Young v. NEW York City Transit Auth.
  903 F.2d 146· 2d Cir.· 1990-05-10 ·cited 7×
  Begging and panhandling in the subway constitute conduct rather than speech protected by the First Amendment because they lack a particularized message likely to be understood by observers and are experienced as transgressive conduct independent of any communicative intent. Even
• FEE v. Herndon
  900 F.2d 804· 5th Cir.· 1990-05-09 ·cited 7×
  The court held that where a state provides adequate civil and criminal remedies for excessive corporal punishment, the use of such punishment, even if excessive, does not implicate federal substantive due process rights under the Fourteenth Amendment because it does not constitut
• Kaolelo Lambert John Ulaleo v. Paty
  902 F.2d 1395· 9th Cir.· 1990-05-04 ·cited 7×
  The court held that the Eleventh Amendment bars the plaintiffs' suit because they seek retrospective relief for a past breach of trust, not prospective relief to end an ongoing violation.
• Riverview Invs., Inc. v. Ottawa Cmty. Improvement Corp.
  899 F.2d 474· 6th Cir.· 1990-03-27 ·cited 7×
  The court held that the district court did not err in granting judgment notwithstanding the verdict because the appellants presented insufficient evidence to support a jury finding of conspiracy under the Sherman Act, and that the community improvement corporation was a private e
• DOE v. City OF Minneapolis
  898 F.2d 612· 8th Cir.· 1990-03-12 ·cited 7×
  The court held that the Minneapolis ordinance requiring removal of doors from adult bookstore viewing booths is a valid time, place, and manner restriction under the First Amendment, serving a significant governmental interest in public health without unduly burdening expression.
• In re SAM v. SAM
  894 F.2d 778· 5th Cir.· 1990-02-22 ·cited 7×
  The court held that actual knowledge of bankruptcy proceedings, even with deficient formal notice, satisfies constitutional due process requirements for filing a dischargeability objection.
• Boczar v. Manatee Hosps. & Health Sys., Inc.
  731 F. Supp. 1042· M.D. Fla.· 1990-02-21 ·cited 7×
  The court held that the plaintiffs failed to state claims under 42 U.S.C. § 1983, the Sherman Antitrust Act, RICO, and Title VII, and dismissed pendant state law claims for lack of jurisdiction.
• Sultenfuss v. Snow
  894 F.2d 1277· 11th Cir.· 1990-02-20 ·cited 7×
  The court held that while parole board members are immune from damages claims, the sua sponte dismissal of the due process claim for equitable relief was improper because the revised Georgia parole system raises an arguable legal question regarding a liberty interest.
• United Steelworkers OF Am. v. Phelps Dodge Corp.
  896 F.2d 403· 9th Cir.· 1990-02-16 ·cited 7×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the district court abused its discretion in calculating the attorneys' fee award by failing to adequately explain its reduction of hours and by setting an unreasonable hourly rate.
• Desio Rabal Pinto v. Universidad de Puerto RICO
  895 F.2d 18· 1st Cir.· 1990-01-29 ·cited 7×
  The court held that the University is an arm of the state protected by the Eleventh Amendment and that the plaintiff's late-filed arguments for reconsideration were properly denied.
• Merritt v. Broglin
  891 F.2d 169· 7th Cir.· 1989-12-08 ·cited 7×
  The court held that Indiana administrative code and prison directives did not create a liberty interest for prisoners to attend a step-father's funeral, thus the denial did not violate due process.
• Long Island Lighting Co. v. Cuomo
  888 F.2d 230· 2d Cir.· 1989-10-18 ·cited 7×
  The court held that the parties' settlement agreement rendered the case moot, requiring vacatur of the district court's judgment on certain claims and remand for dismissal.
• McCORKLE v. W.E. Johnson
  881 F.2d 993· 11th Cir.· 1989-08-24 ·cited 7×
  A prison policy restricting access to religious materials is valid if reasonably related to legitimate penological interests, even if it impinges on an inmate's First Amendment rights.
• Hy Steinberg v. City OF Sunrise
  545 So. 2d 424· Fla. 4th DCA· 1989-06-14 ·cited 7×
  The appellate court reversed an award of attorney's fees to the defendants, holding that the plaintiff was the prevailing party for the purpose of attorney's fees under 42 U.S.C. § 1988, despite succeeding only on a state inverse condemnation claim after their federal civil right
• Jackson Court Condos., Inc. v. City OF NEW Orleans
  874 F.2d 1070· 5th Cir.· 1989-06-13 ·cited 7×
  Summary judgment was inappropriate on Jackson Court's equal protection claim because factual findings were needed to determine if it was similarly situated to other exempted time-shares.
• Pincham v. The Ill. Jud. Inquiry Bd. & Its Members
  872 F.2d 1341· 7th Cir.· 1989-04-27 ·cited 7×
  The court held that federal courts should abstain from interfering with state judicial disciplinary proceedings under the Younger doctrine, as the proceedings were ongoing, implicated important state interests, and offered an adequate opportunity to raise constitutional challenge
• Ways v. City OF Lincoln
  871 F.2d 750· 8th Cir.· 1989-04-03 ·cited 7×
  The court held that the evidence was sufficient to establish a racially hostile work environment under Title VII, that the jury verdict was not inconsistent, and that the parties' failure to object to jury instructions regarding the LPD's liability was their own fault, but that t
• Walter Clyde White By next friend Jean Swafford v. Gerbitz
  860 F.2d 661· 6th Cir.· 1988-10-20 ·cited 7×
  When a plaintiff files a claim against the state before the Tennessee Claims Commission, the statutory waiver provision mandates a complete waiver of any cognate federal cause of action against individual state officers or employees, unless the state administrative body determine
• Rickman v. Warden Avaniti
  854 F.2d 327· 9th Cir.· 1988-08-09 ·cited 7×
  The court held that a prison policy requiring visual strip searches for inmates in administrative segregation does not violate the Fourth Amendment or due process rights.
• Heath v. Henning
  854 F.2d 6· 2d Cir.· 1988-08-05 ·cited 7×
  The court held that the jury instruction improperly applied a due process standard requiring proof of malice, rather than the Fourth Amendment's objective reasonableness standard for the use of deadly force.
• WAY v. Mueller Brass Co.
  840 F.2d 303· 5th Cir.· 1988-03-23 ·cited 7×
  The court held that the statute of limitations had not run on claims under 42 U.S.C. §§ 1983 and 1985, but affirmed dismissal of Title VII claims and claims against the state commission for improper service.
• McQUEEN v. J.A. Tabah
  839 F.2d 1525· 11th Cir.· 1988-03-18 ·cited 7×
  The court held that the Florida prison regulations created a liberty interest in remaining in the general population, and the record did not conclusively show that the defendants were entitled to summary judgment based on lack of causation or qualified immunity.
• Mills v. Crim. Dist. Court # 3
  837 F.2d 677· 5th Cir.· 1988-02-02 ·cited 7×
  The court held that while the dismissal of the section 1983 claim against the judge and prosecutor was proper due to immunity, the dismissal against the court-appointed attorney should be without prejudice to allow for potential amendment. Claims undermining a conviction must fir
• Lloyd v. Ellis
  520 So. 2d 59· Fla. 1st DCA· 1988-01-27 ·cited 7×·via 42 U.S.C. § 1983 Action
  Barbara Lloyd appealed the dismissal of her civil rights action against Nassau County Sheriff Lawrence Ellis and County Investigator Sam Hayward for false arrest and cruel and unusual punishment. The court affirmed dismissal of claims against them in their official capacities but
• Simmie Whitt v. Smith
  832 F.2d 451· 7th Cir.· 1987-11-02 ·cited 7×
  The denial of summary judgment on qualified immunity grounds is immediately appealable and requires the district court to specifically consider the factual circumstances relevant to the immunity claim.