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

• Cleveland McWILLIAMS v. Escambia Cnty. Sch. Bd.
  658 F.2d 326· 5th Cir.· 1981-10-05 ·cited 58×
  The court held that the plaintiff's claims for discriminatory transfer and demotion were time-barred under Title VII, § 1981, and § 1983 due to failure to file within the applicable limitations periods. The court also affirmed the district court's findings that the plaintiff fail
• Woodall v. Foti
  648 F.2d 268· 5th Cir.· 1981-06-16 ·cited 58×
  The court held that the district court erred in dismissing the pro se inmate's complaint as frivolous without proper consideration of his allegations of deliberate indifference to serious medical needs.
• Carter v. Lowell D. Hewitt
  617 F.2d 961· 3d Cir.· 1980-02-27 ·cited 58×
  The admission of a letter, written six months after the alleged incident, as evidence of a conspiracy to fabricate brutality charges was reversible error because its context and admissibility were not properly established.
• Hanako Dennis v. Chang
  611 F.2d 1302· 9th Cir.· 1980-01-21 ·cited 58×
  The court held that attorneys' fees awarded under 42 U.S.C. § 1988 are not barred by the Eleventh Amendment, nor are they precluded by the fact that the prevailing party's counsel is a state-funded legal aid organization. The court also found that challenges to the amount of the
• Norb J. Konczak and Linda Konczak v. Tyrrell
  603 F.2d 13· 7th Cir.· 1979-07-12 ·cited 58×
  The court held that the district court properly denied judgment notwithstanding the verdict on constitutional violations, but correctly granted judgment notwithstanding the verdict on punitive damages due to lack of evidence of willful or wanton misconduct. The attorney's fees aw
• Rev. P. P. Burt v. Abel
  585 F.2d 613· 4th Cir.· 1978-09-29 ·cited 58×
  The court held that due to intervening Supreme Court decisions, the case must be remanded for further proceedings regarding damages and potential claims against the school district, and for consideration of attorney's fees.
• United Handicapped Fed'n v. Andre
  558 F.2d 413· 8th Cir.· 1977-06-21 ·cited 58×
  The court held that Section 504 of the Rehabilitation Act of 1973 imposes affirmative duties on transit authorities receiving federal aid, and that plaintiffs have standing to sue for violations.
• Arvo W. Kannisto & the San Francisco Police Officers Ass'n v. The City & Cnty. OF SAN Francisco
  541 F.2d 841· 9th Cir.· 1976-08-31 ·cited 58×
• Lambert v. Conrad
  536 F.2d 1183· 7th Cir.· 1976-06-24 ·cited 58×
  The court held that the plaintiff's current civil rights action for damages was barred by res judicata due to the dismissal of a prior similar action for injunctive relief.
• Prebble v. Brodrick
  535 F.2d 605· 10th Cir.· 1976-05-10 ·cited 58×
  The court held that the plaintiff's claims against the University were barred by sovereign immunity, the Trustees were properly granted a directed verdict, and the jury instructions and verdict form were not prejudicial, thus affirming the trial court's judgment.
• Muzquiz v. City OF SAN Antonio
  528 F.2d 499· 5th Cir.· 1976-02-27 ·cited 58×
• Hill v. McCLELLAN
  490 F.2d 859· 5th Cir.· 1974-03-08 ·cited 58×
  Judges are immune from suit under civil rights acts, and private individuals cannot be held liable for conspiring with immune officials.
• Shirley v. State Nat'l Bank OF Conn.
  493 F.2d 739· 2d Cir.· 1974-02-14 ·cited 58×
  The court held that the private repossession of property, even if authorized by common law or statute, constitutes state action when it involves a unilateral taking without consent, thus requiring due process protections.
• Thomas v. Warden Frank J. Pate
  493 F.2d 151· 7th Cir.· 1974-01-10 ·cited 58×
• Barnes v. Dorsey
  480 F.2d 1057· 8th Cir.· 1973-06-15 ·cited 58×
  The court affirmed the district court's dismissal of the plaintiff's civil rights claims against all defendants, finding no actionable deprivation of federally protected rights.
• Moreno v. Henckel
  431 F.2d 1299· 5th Cir.· 1970-09-23 ·cited 58×
  A federal court cannot abstain from hearing a civil rights case solely because a state remedy is available; the federal remedy under Section 1983 is supplementary and does not require exhaustion of state judicial or administrative remedies.
• Muller v. Conlisk
  429 F.2d 901· 7th Cir.· 1970-06-29 ·cited 58×
  A police department rule prohibiting all derogatory comments about the department is unconstitutionally overbroad and violates officers' First Amendment free speech rights.
• Eason v. Dickson
  390 F.2d 585· 9th Cir.· 1968-01-30 ·cited 58×
  A premature notice of appeal from an order denying a three-judge court can be treated as an appeal from the subsequent final judgment if no prejudice results. The refusal to convene a three-judge court and the grant of summary judgment were correct.
• LEE v. Tahash
  352 F.2d 970· 8th Cir.· 1965-12-01 ·cited 58×
  The court held that prison correspondence restrictions are generally not subject to judicial review unless they amount to unlawful administration of a prison sentence, such as denying access to courts or discriminating based on protected characteristics.
• Turner v. Williams
  65 F.4th 564· 11th Cir.· 2023-04-07 ·cited 57×
  Bryan Turner, a police officer investigating candidate status for Nassau County Sheriff, sued Sheriff Mike Williams for allegedly retaliating against him in violation of the First Amendment after Turner announced his candidacy—specifically by orchestrating his arrest on evidence
• Moshe Leib v. Hillsborough Cnty. Pub. Transp. Comm'n
  558 F.3d 1301· 11th Cir.· 2009-02-19 ·cited 57×
  The Eleventh Circuit affirmed the district court's dismissal of the plaintiff's complaint, holding that the Hillsborough County Public Transportation Commission's "luxury" requirement for limousines did not violate due process or equal protection, was not unconstitutionally vague
• Rivas v. Freeman
  940 F.2d 1491· 11th Cir.· 1991-09-09 ·cited 57×
  Alfredo Rivas was arrested and detained for six days based on misidentification by law enforcement officers who confused him with another person on probation. The court affirmed liability against Sheriff Freeman for failing to establish adequate identification policies and proced
• Brennan v. Hendrigan
  888 F.2d 189· 1st Cir.· 1989-10-27 ·cited 57×
  The court held that the defendants were entitled to qualified immunity and summary judgment because their actions were objectively reasonable under the circumstances and plaintiff failed to demonstrate a deprivation of constitutional rights or a genuine issue of material fact.
• Yatvin v. Madison Metro. Sch. Dist.
  840 F.2d 412· 7th Cir.· 1988-02-05 ·cited 57×
  The court held that retaliation for filing sex discrimination charges is not sex discrimination, nor does it automatically violate the First Amendment, and that a contingent expectation under an affirmative action plan does not constitute a constitutional property right.
• Musso v. Hourigan
  836 F.2d 736· 2d Cir.· 1988-01-05 ·cited 57×
  The court held that denial of qualified immunity is an immediately appealable collateral order, and that a genuine issue of material fact existed regarding whether a Board member's silencing of speech was content-based, thus violating clearly established First Amendment law.
• Offet v. Solem
  823 F.2d 1256· 8th Cir.· 1987-07-13 ·cited 57×
  The dissent argues that the exhaustion requirement of 28 U.S.C. § 2254 does not apply to 42 U.S.C. § 1983 actions seeking monetary damages, even if the claim relates to the validity of good-time credit deprivation.
• Hatcher v. Bd. OF Pub. Educ. & Orphanage FOR Bibb Cnty.
  809 F.2d 1546· 11th Cir.· 1987-02-17 ·cited 57×
  A tenured teacher demoted to a position of lesser responsibility, prestige, and salary has a constitutionally protected property interest in continued comparable employment, entitling them to procedural due process.
• McDONELL v. Hunter
  809 F.2d 1302· 8th Cir.· 1987-01-12 ·cited 57×
  The majority improperly expanded the scope of permissible searches and urinalyses of prison employees beyond the district court's findings, substituting appellate assumptions for factual evidence.
• Patkus v. Sangamon-Cass Consortium
  769 F.2d 1251· 7th Cir.· 1985-08-07 ·cited 57×
  The court held that the plaintiff's discharge was not a violation of her First Amendment rights regarding free speech or association, nor was it sex discrimination or a violation of equal pay laws. However, the court reversed the district court's judgment on the due process claim
• Chalmers v. City OF LOS Angeles
  762 F.2d 753· 9th Cir.· 1985-06-04 ·cited 57×
  The court held that the City of Los Angeles violated Chalmers' due process rights by enforcing vague and conflicting ordinances, and that the jury's damage award was supported by the evidence.
• Thibodeaux v. Bordelon
  740 F.2d 329· 5th Cir.· 1984-08-16 ·cited 57×
  A pretrial detainee's claim of injury due to negligent supervision by jail officials does not state a constitutional violation under 42 U.S.C. § 1983 if adequate post-deprivation state tort remedies are available.
• Bennett v. City OF Slidell
  735 F.2d 861· 5th Cir.· 1984-07-09 ·cited 57×
  A municipality is liable under § 1983 for deprivations of constitutional rights only if inflicted pursuant to official policy, which includes adopted policy statements or widespread, persistent practices known to policymakers.
• Craik v. The Minn. State Univ. Bd.
  731 F.2d 465· 8th Cir.· 1984-03-23 ·cited 57×
• Broadway v. Block
  694 F.2d 979· 5th Cir.· 1982-12-15 ·cited 57×
  A federal employee's reassignment, absent discrimination, is not subject to judicial review under 42 U.S.C. § 1983, the Civil Service Reform Act, Bivens, or the Administrative Procedure Act.
• McCORD v. Bailey
  636 F.2d 606· D.C. Cir.· 1980-09-09 ·cited 57×
  The court held that the doctrine of collateral estoppel should not be applied rigidly, and that equitable considerations in unusual circumstances may warrant allowing a party to pursue claims previously foreclosed.
• Landrum v. Moats
  576 F.2d 1320· 8th Cir.· 1978-05-30 ·cited 57×
  The court held that while the officers' use of deadly force was excessive as a matter of law, their good faith defense presented a jury question, precluding judgment notwithstanding the verdict. However, the jury instructions failed to properly address the good faith defense rega
• Beraldine L. Acha and Arlene M. Egan v. Beame
  570 F.2d 57· 2d Cir.· 1978-01-12 ·cited 57×
  The court held that a partial summary judgment, not adjudicating all claims or relief, is not final under Rule 54(b) and thus not res judicata, allowing for its vacation by the district court.
• McCRAY v. Sullivan
  509 F.2d 1332· 5th Cir.· 1975-03-19 ·cited 57×
  The court held that while some prison conditions did not violate the Eighth Amendment or prior injunctions, others, particularly concerning punitive isolation and mail processing, required further consideration or reversal.
• Sykes v. State OF Cal. (Department OF Motor Vehicles)
  497 F.2d 197· 9th Cir.· 1974-05-01 ·cited 57×
• Rosenberg v. Martin
  478 F.2d 520· 2d Cir.· 1973-04-27 ·cited 57×
  The court held that the plaintiff's claim for prejudicial publicity was barred by issue preclusion from prior proceedings, and his assault claim was time-barred due to the statute of limitations not relating back to the original pleading.
• Inmates OF the Attica Correctional Facility v. Rockefeller
  453 F.2d 12· 2d Cir.· 1971-12-01 ·cited 57×
  A federal court should not order a hearing on providing counsel for all prisoners prior to interrogation, as Miranda warnings only affect the admissibility of statements, not the investigation process itself.
• Myrick v. Fulton Cnty.
  69 F.4th 1277· 11th Cir.· 2023-06-07 ·cited 56×
  Antonio May died in Fulton County Jail on September 11, 2018, following an altercation with officers during which he was restrained and subjected to physical force while experiencing acute methamphetamine intoxication and psychological distress. The Eleventh Circuit affirmed the
• Democratic Executive Comm. OF Fla. v. Laurel M. LEE
  915 F.3d 1312· 11th Cir.· 2019-02-15 ·cited 56×
  Florida's signature-matching scheme for vote-by-mail and provisional ballots, which rejected ballots when officials determined signatures did not match, was found to impose an undue burden on the right to vote in violation of the First and Fourteenth Amendments because some voter
• Sims v. Metro. Dade Cnty.
  972 F.2d 1230· 11th Cir.· 1992-09-18 ·cited 56×·via 42 U.S.C. § 1983 Action
  The district court did not err in denying the county officials' motion for summary judgment based on qualified immunity without prejudice, as a genuine issue of material fact exists regarding whether the employee's statements impaired his ability to carry out his duties and the d
• Walsh v. Mellas
  837 F.2d 789· 7th Cir.· 1988-01-21 ·cited 56×
  The court held that the prison officials' failure to implement procedures to screen inmates for gang affiliations and known risks of assault, despite knowledge of pervasive gang activity and targeted inmates, constituted deliberate indifference to the inmate's safety, violating t
• ORT v. Warden J.D. White
  813 F.2d 318· 11th Cir.· 1987-03-27 ·cited 56×
  The denial of water to an inmate refusing to work was not cruel and unusual punishment under the Eighth Amendment, nor a violation of due process under the Fourteenth Amendment, as it was an immediate coercive measure to restore order, not punishment.
• Chalmers v. City OF LOS Angeles
  796 F.2d 1205· 9th Cir.· 1986-08-15 ·cited 56×
  The court vacated the district court's attorney's fee award due to lack of specificity and granted in part the motion for attorney's fees on appeal, reducing the requested amount.
• Mann v. The City OF Tucson
  782 F.2d 790· 9th Cir.· 1986-02-10 ·cited 56×
  The court concurred in the result, finding substantial uncertainty in § 1983 jurisprudence regarding the significance of available state remedies.
• Mulligan v. Hazard
  777 F.2d 340· 6th Cir.· 1985-11-26 ·cited 56×
  The court held that Mulligan's claims under 42 U.S.C. §§ 1983 and 1985 were barred by the statute of limitations, and her claim regarding a stigmatizing letter did not deprive her of a liberty interest.
• Jamieson v. Shaw
  772 F.2d 1205· 5th Cir.· 1985-10-07 ·cited 56×
  The district court did not abuse its discretion in finding that the second amendment to the complaint would be futile, and therefore, further proceedings would be a waste of resources.