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

• McMahon v. City of Edgewater
  60 F. Supp. 2d 1281· M.D. Fla.· 1999-01-20 ·cited 2×·via Section 1983
  The court held that the City Manager's employment agreement, as amended, allowed termination without cause, thus precluding a procedural due process claim. The court also declined supplemental jurisdiction over state law contract claims.
• Fusaro v. Hialeah Hous. Auth.
  33 F. Supp. 2d 1354· S.D. Fla.· 1999-01-11 ·cited 2×
  Summary judgment is granted for the defendant Housing Authority because the plaintiffs failed to present sufficient evidence to establish genuine issues of material fact regarding their claims of discrimination, retaliation, and due process violations.
• Borrero v. Metro-Dade Cnty.
  19 F. Supp. 2d 1310· S.D. Fla.· 1998-05-13 ·cited 2×
  The court held that the defendant officer is not entitled to qualified immunity at the summary judgment stage because the alleged use of force against a six-year-old child, if true, would violate clearly established Fourth Amendment rights.
• Jones v. McAndrew
  996 F. Supp. 1439· N.D. Fla.· 1998-02-20 ·cited 2×
  The court held that a challenge to electrocution procedures, as opposed to the method of execution itself, can be brought as a Section 1983 action, not solely as a habeas corpus petition. It also found that the plaintiffs have standing and their claims are ripe, and that the Elev
• Nelson Ex Rel. the Estate of Nelson v. Prison Health Servs., Inc.
  991 F. Supp. 1452· M.D. Fla.· 1997-12-30 ·cited 2×
  The Sheriff, not being personally involved in the decision to withhold medical treatment, is entitled to qualified immunity. Private prison guards are not entitled to qualified immunity under Richardson v. McKnight.
• Goodman v. Town of Golden Beach
  988 F. Supp. 1450· S.D. Fla.· 1997-10-08 ·cited 2×
  The court held that the individual defendants are entitled to qualified immunity because their conduct did not violate clearly established constitutional law.
• Bannum, Inc. v. City of Fort Lauderdale
  996 F. Supp. 1230· S.D. Fla.· 1997-04-11 ·cited 2×
  The court granted summary judgment for the City, finding Bannum's equal protection and substantive due process claims lacked merit because the City's denial of a special use permit was rationally related to legitimate government interests.
• Husman v. Evon A. Colchiski and Ester Williams
  689 So. 2d 286· Fla. 2d DCA· 1996-12-27 ·cited 2×
  This case concerns a state prisoner's claim under 42 U.S.C. § 1983 for alleged misconduct by a prison official. The appellate court affirmed the dismissal of the prisoner's complaint, holding that he failed to exhaust available administrative remedies as required by federal law.
• Hill v. Butterworth
  941 F. Supp. 1129· N.D. Fla.· 1996-08-07 ·cited 2×
  The court held that the plaintiff has standing and the case is ripe for review, as the uncertainty surrounding the applicability of Chapter 154 of the Act to his habeas petition creates immediate hardship and a dilemma regarding compliance.
• Scala v. City of Winter Park
  105 F. Supp. 757· M.D. Fla.· 1996-07-25 ·cited 2×
  The court held that the City is not liable under 42 U.S.C. § 1983 because the officials who terminated the plaintiff's employment did not possess final policy-making authority. Therefore, their actions could not be attributed to the City as official policy.
• Pierre v. Schlemmer
  932 F. Supp. 278· M.D. Fla.· 1996-07-01 ·cited 2×
  A police department is not a 'person' amenable to suit under 42 U.S.C. § 1983 if it is an integral part of the city government and not a separate legal entity.
• N. Fla. Educ. Dev. Corp. v. Woodham
  942 F. Supp. 542· N.D. Fla.· 1996-05-20 ·cited 2×
  Plaintiff Ford lacked standing to bring the claims, and the remaining plaintiff, NFEDC, failed to state claims for substantive or procedural due process violations.
• Lemonik v. Metro. Dade Cnty.
  672 So. 2d 899· Fla. 3d DCA· 1996-05-08 ·cited 2×
  The court held that the County waived its right to raise the issue of the plaintiff's failure to serve the Department of Insurance by not asserting it in its answer or motion to dismiss.
• Adams v. Dickinson
  672 So. 2d 874· Fla. 5th DCA· 1996-04-26 ·cited 2×
  Adams and Chow challenged Florida's vehicular impact fee statute as unconstitutional and sought attorney's fees under 42 U.S.C. § 1988. The Florida Supreme Court granted them relief under the state declaratory judgment statute but expressly declined to address § 1983 and implicit
• Wohl v. City of Hollywood
  915 F. Supp. 339· S.D. Fla.· 1995-12-13 ·cited 2×
  The court held that the fire chief was entitled to qualified immunity and that the city's actions were rationally related to a legitimate government interest, thus granting summary judgment for both defendants.
• Moore v. City of Tallahassee
  928 F. Supp. 1140· N.D. Fla.· 1995-11-04 ·cited 2×
  Summary judgment is granted on the procedural due process claim, but genuine issues of fact remain for the substantive due process and inverse condemnation claims.
• Johnston-Loehner v. O'Brien
  859 F. Supp. 575· M.D. Fla.· 1994-06-09 ·cited 2×
  A public school policy requiring prior administrative approval for student distribution of written materials is an unconstitutional prior restraint on speech, violating the First Amendment.
• Lawrenz v. James
  852 F. Supp. 986· M.D. Fla.· 1994-04-06 ·cited 2×
  The court held that the defendant was entitled to qualified immunity because his conduct did not violate clearly established law, and that summary judgment on the merits was appropriate because the plaintiff's expression was not a matter of public concern, or alternatively, the e
• Tookes v. The City OF Riviera Beach
  633 So. 2d 566· Fla. 4th DCA· 1994-03-16 ·cited 2×
  A former municipal employee challenged his wrongful discharge from the City of Riviera Beach under 42 U.S.C. § 1983, alleging deprivation of due process rights. The appellate court reversed the trial court's dismissal based on failure to exhaust administrative remedies, holding t
• Mincieli v. Bruder
  914 F. Supp. 512· S.D. Fla.· 1994-03-07 ·cited 2×
  The court granted the defendant police officer's motion for judgment as a matter of law, finding she was entitled to qualified immunity because she had arguable probable cause for the arrest, even if actual probable cause was lacking.
• James v. The City OF ST. Petersburg
  6 F.3d 1457· 11th Cir.· 1993-10-22 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  Andrea James, a tenant with four dependent children, sued the City of St. Petersburg after her water service was terminated without notice when the previous owner requested disconnection, unaware that James occupied the property. The Eleventh Circuit reversed the district court's
• Smith v. Aldingers
  999 F.2d 109· 5th Cir.· 1993-08-27 ·cited 2×
  The court held that the district court erred in dismissing the inmate's Eighth Amendment claim as frivolous because the claim alleged a personal deprivation of constitutional rights based on psychological injury from a threat.
• Doyle v. The Okla. BAR Ass'n
  998 F.2d 1559· 10th Cir.· 1993-07-19 ·cited 2×
  The court held that the plaintiff lacked standing to bring the action because a private citizen has no judicially cognizable interest in the prosecution or non-prosecution of another, and alternatively, that the plaintiff failed to state a claim under 42 U.S.C. § 1983 as he alleg
• Jasper v. Thalacker
  999 F.2d 353· 8th Cir.· 1993-07-19 ·cited 2×
  The court held that the use of a stun gun did not violate the Eighth Amendment because the force was applied in a good-faith effort to restore discipline, not sadistically to cause harm.
• Buckley v. Barlow
  997 F.2d 494· 8th Cir.· 1993-07-08 ·cited 2×
  The court held that the inmate's claims failed to state a constitutional violation actionable under 42 U.S.C. § 1983.
• Everett v. City of Tallahassee
  840 F. Supp. 1528· N.D. Fla.· 1993-07-02 ·cited 2×
  The court held that the City's denial of the plaintiff's rezoning request was not arbitrary or capricious, as it was based on a consistently applied policy regarding non-residential development along Thomasville Road.
• Hall v. Lombardi
  996 F.2d 954· 8th Cir.· 1993-06-29 ·cited 2×·via § 1983 Suit
  The court held that prison officials are not entitled to qualified immunity when they arbitrarily delay an inmate's release from administrative segregation after all criteria for release have been met and approved, as this violates clearly established law.
• Broderick v. Roache
  996 F.2d 1294· 1st Cir.· 1993-06-18 ·cited 2×
  The court held that genuine issues of material fact regarding the defendant's motive precluded summary judgment on the issue of qualified immunity.
• Czajka v. Caspari
  995 F.2d 870· 8th Cir.· 1993-06-16 ·cited 2×
  The court held that the plaintiff failed to establish deliberate indifference to serious medical needs, thus affirming the grant of summary judgment.
• Walton v. City OF Southfield
  995 F.2d 1331· 6th Cir.· 1993-06-10 ·cited 2×
  The court held that officers are entitled to qualified immunity for abandoning children and for the search of the arrestee, as no clearly established right was violated. The court reversed the denial of summary judgment on these claims.
• Morgan v. Woessner
  997 F.2d 1244· 9th Cir.· 1993-06-10 ·cited 2×
  The court held that the interpretation of the Supreme Court's decision in Pacific Mutual Life Ins. Co. v. Haslip regarding due process in punitive damages review is flexible and case-specific, not requiring states to adopt Alabama's exact procedures.
• Reid Knutson v. Wis. AIR Nat'l Guard & Gerald D. Slack
  995 F.2d 765· 7th Cir.· 1993-06-09 ·cited 2×
  The court held that a National Guard member's claim for reinstatement under 42 U.S.C. § 1983 is nonjusticiable, as it unduly interferes with military decision-making and discipline.
• Agapita Rosa Velazquez v. Figueroa-Gomez
  996 F.2d 425· 1st Cir.· 1993-06-09 ·cited 2×
  The court held that the district court did not abuse its discretion in denying a motion to alter or amend judgment challenging the sufficiency of evidence and excessive damages, nor in denying reinstatement.
• Ambus v. Granite Bd. OF Educ.
  995 F.2d 992· 10th Cir.· 1993-06-07 ·cited 2×
  Utah school districts are not arms of the state for Eleventh Amendment purposes and are therefore not immune from suits in federal court under 42 U.S.C. § 1983.
• Lippay v. Christos
  996 F.2d 1490· 3d Cir.· 1993-06-02 ·cited 2×
  The court held that the admission of Mrs. Lip-pay's testimony was not harmless error, requiring a new trial unless judgment as a matter of law is granted.
• Taylor v. The Regents OF the Univ. OF Cal.
  993 F.2d 710· 9th Cir.· 1993-05-21 ·cited 2×
  Claims brought under 42 U.S.C. § 2000d are governed by the same state limitations period applicable to claims brought under § 1983. A judge's prior adverse ruling is not sufficient cause for recusal.
• Wash. Legal Found. v. Mass. BAR Found.
  993 F.2d 962· 1st Cir.· 1993-05-20 ·cited 2×
  The court held that the Massachusetts IOLTA program does not violate the First Amendment rights of speech and association, nor does it constitute a taking of property under the Fifth and Fourteenth Amendments.
• Robert Dale Hicks (92-5105) v. Chief Richard A. Frey (92-5063)
  992 F.2d 1450· 6th Cir.· 1993-05-13 ·cited 2×
  The court held that there was insufficient evidence to support a finding of deliberate indifference against Richard Frey.
• Iota XI Chapter OF Sigma CHI Fraternity v. George Mason Univ.
  993 F.2d 386· 4th Cir.· 1993-05-10 ·cited 2×
  The court held that the fraternity's 'ugly woman contest,' despite its offensive nature, constituted expressive conduct protected by the First Amendment, and the university's sanctions based on the message conveyed were impermissible viewpoint discrimination.
• Ada Sandra Kopf v. Skyrm
  993 F.2d 374· 4th Cir.· 1993-05-07 ·cited 2×
  The court held that the total exclusion of plaintiff's expert witnesses was an abuse of discretion, and that the introduction of evidence regarding the arrestee's guilt and prior drug use was improper.
• Hause v. Vaught
  993 F.2d 1079· 4th Cir.· 1993-05-07 ·cited 2×
  The court held that a pretrial detainee's First Amendment rights regarding outside publications can be restricted if the regulation is reasonably related to legitimate penological interests, and that a lack of actual injury prevents a claim for denial of access to courts.
• Butler v. The City OF Norman
  992 F.2d 1053· 10th Cir.· 1993-04-28 ·cited 2×
  The court held that genuine issues of material fact exist regarding the arresting officers' use of excessive force, precluding summary judgment based on qualified immunity for them, but that the supervisor (Chief Boyett) was entitled to qualified immunity as there was no affirmat
• GEE v. Detective James Pride
  992 F.2d 159· 8th Cir.· 1993-04-23 ·cited 2×
  The court held that the trial court did not abuse its discretion in admitting evidence of the appellant's prior convictions and in allowing certain cross-examination and closing argument remarks, as any errors were either waived, harmless, or did not rise to the level of plain er
• Ramone Ervin v. Dick Busby
  992 F.2d 147· 8th Cir.· 1993-04-22 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that negligence in delaying a pretrial detainee's medication refill is insufficient to support a § 1983 claim, and a state statute without mandatory language does not create a protectable liberty interest against transfer.
• Mooreman v. Sargent
  991 F.2d 472· 8th Cir.· 1993-04-16 ·cited 2×
  The court held that the prison officials did not act with reckless disregard for the inmate's safety, thus not violating the Eighth Amendment.
• LAC DU Flambeau Band OF Lake Superior Chippewa Indians v. Stop Treaty Abuse-Wisconsin, Inc.
  991 F.2d 1249· 7th Cir.· 1993-04-14 ·cited 2×
  The court held that the defendants' affidavits were sufficient to raise a dispute regarding whether race played a motivating part in their actions, requiring further inquiry.
• Kubany by Kubany v. Sch. Bd. of Pinellas Cnty.
  818 F. Supp. 1504· M.D. Fla.· 1993-04-13 ·cited 2×
  The court held that claims against school officials in their official capacities were dismissed, but claims against them individually and the School Board regarding due process and equal protection could proceed. Claims related to mandatory treatment referrals and stigmatization
• McDowell v. Jones
  990 F.2d 433· 8th Cir.· 1993-04-07 ·cited 2×
  The court held that the plaintiff failed to state a claim for constitutional violations against prison officials under 42 U.S.C. §§ 1983 and 1985(3).
• McDONNELL v. Cournia
  990 F.2d 963· 7th Cir.· 1993-04-07 ·cited 2×
  The court held that the police officers were entitled to qualified immunity because a reasonable officer could have believed there was probable cause to arrest McDonnell, even if that belief was mistaken.
• G & G Jewelry, Inc. v. City OF Oakland
  989 F.2d 1093· 9th Cir.· 1993-03-31 ·cited 2×
  The court held that while a plain view seizure for investigatory purposes may be constitutionally permissible, it does not authorize police to seize property for the purpose of turning it over to the person claiming it was stolen, and the specific California statute must be follo