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

• Rojas v. Alexander's Dep't Store, Inc.
  924 F.2d 406· 2d Cir.· 1990-11-29 ·cited 1×
  The court held that a plaintiff suing under 42 U.S.C. § 1983 for an unlawful arrest by a private security guard must prove that the employer had a policy of violating constitutional rights, not just that the arrest lacked probable cause. The court also found no error in jury inst
• Miller v. City OF Fort Lauderdale
  569 So. 2d 1386· Fla. 4th DCA· 1990-11-28 ·cited 1×
  The court affirmed dismissal of a § 1983 civil rights claim for failing to allege knowing and intentional unconstitutional seizure rather than mere negligence, but reversed the dismissal with prejudice to allow amendment and held that excessive force questions are fact issues for
• Arenson v. S. Univ. LAW Ctr.
  911 F.2d 1124· 5th Cir.· 1990-09-19 ·cited 1×·via Violation Of 42 U.S.C. § 1983
  The court held that sufficient evidence existed for a reasonable jury to find for the plaintiff, reversing the district court's judgment notwithstanding the verdict.
• Dees v. City of Miami
  747 F. Supp. 679· S.D. Fla.· 1990-09-12 ·cited 1×
  Summary judgment is granted for defendants because reasonable officers could have believed probable cause existed for the arrest and prosecution, and supervisory defendants did not directly cause the constitutional deprivation.
• Skyywalker Records, Inc. v. Navarro
  739 F. Supp. 578· S.D. Fla.· 1990-06-06 ·cited 1×
  The court held that the recording "As Nasty As They Wanna Be" was legally obscene and that the Sheriff's actions did not constitute an unconstitutional prior restraint.
• Dinesh Mehta and Pravina Mehta v. Surles
  905 F.2d 595· 2d Cir.· 1990-05-29 ·cited 1×
  The court held that the Padavan Law's procedures did not cause the deprivation of the Mehtas' alleged property right in the driveway easement, thus their procedural due process claim failed. The court also vacated the district court's ruling on the easement's scope, deeming it a
• Key W. Harbour Dev. Corp. v. City of Key W.
  738 F. Supp. 1390· S.D. Fla.· 1990-05-22 ·cited 1×
  Legislators' failure to follow prescribed procedures when rescinding a redevelopment plan, which nullified plaintiff's contract, can overcome claims of absolute legislative immunity and may constitute a due process violation.
• Nelson v. Sch. Bd. of Palm Beach Cnty.
  738 F. Supp. 478· S.D. Fla.· 1990-05-17 ·cited 1×·via 42 U.S.C. § 1983 Claim
  The court held that the plaintiff sufficiently pleaded claims under Title VII, ADEA, and § 1981, but not under the Fourteenth Amendment directly or for due process violations.
• Twigg v. Hosp. Dist. of Hardee Cnty.
  731 F. Supp. 469· M.D. Fla.· 1990-02-21 ·cited 1×
  The court held that the defendants' motions to dismiss and strike should be denied in part and granted in part, finding that several claims, including negligence and a § 1983 claim, could proceed, but claims for punitive damages and pre-judgment interest were barred.
• Abercrombie v. City OF Catoosa
  896 F.2d 1228· 10th Cir.· 1990-02-16 ·cited 1×
  The court held that plaintiff failed to establish a conspiracy under 42 U.S.C. § 1985(2) and § 1986, but did have a property interest in wrecker referrals under Oklahoma law and a valid First Amendment retaliation claim under 42 U.S.C. § 1983.
• Ching v. Lewis
  895 F.2d 608· 9th Cir.· 1990-02-05 ·cited 1×
  A prisoner's right of access to the courts includes contact visitation with counsel, and denying such visits without justification unnecessarily abridges this right.
• East-Bibb Twiggs Neighborhood Ass'n v. MacOn Bibb Planning & Zoning Comm'n
  888 F.2d 1576· 11th Cir.· 1989-11-30 ·cited 1×
  A federal court lacks subject matter jurisdiction to hear a state law permissive counterclaim for abusive litigation in response to a 42 U.S.C. § 1983 action when no diversity jurisdiction exists.
• Dr. Charles Edwards for and in Behalf of Craig Alan Edwards v. Rees
  883 F.2d 882· 10th Cir.· 1989-08-28 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court held that the interrogation of a student by a school vice principal, even if considered a seizure, was reasonable under the Fourth Amendment and did not violate due process rights.
• Mendelson v. City of St. Cloud
  719 F. Supp. 1065· M.D. Fla.· 1989-08-23 ·cited 1×
  The court held that the display of a Latin cross atop a publicly owned water tower violates the Establishment Clause of the First Amendment because it lacks a secular purpose, has the primary effect of endorsing religion, and fosters excessive entanglement with religion.
• Rindley v. Gallagher
  719 F. Supp. 1076· S.D. Fla.· 1989-08-23 ·cited 1×
  The court held that abstention from exercising federal jurisdiction was appropriate due to unsettled state law and Florida's significant interest in regulating the dental profession.
• Neighborhood Action Coal. v. City OF Canton
  882 F.2d 1012· 6th Cir.· 1989-07-27 ·cited 1×
  The court held that plaintiffs need not exhaust administrative remedies before bringing a Title VI claim and that municipalities can be sued under Section 1983. The court also found the plaintiff association had standing for injunctive relief but not damages.
• Hawks v. City OF Pontiac & Reginald Turner
  874 F.2d 347· 6th Cir.· 1989-05-03 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's claims of unconstitutional vagueness, denial of due process, and discriminatory application of the residency requirement were without merit.
• Decker v. City of Plantation
  706 F. Supp. 851· S.D. Fla.· 1989-02-22 ·cited 1×
  The court held that res judicata barred the plaintiffs' claims because the state court had already fully litigated and entered a final judgment on the merits regarding the constitutionality of the ordinance and the claims arising from its enactment.
• Mount Sinai Med. Ctr. of Greater Miami, Inc. v. City of Miami Beach
  706 F. Supp. 1525· S.D. Fla.· 1989-01-30 ·cited 1×
  The court held that the plaintiff demonstrated a substantial likelihood of prevailing on its due process claim and equitable estoppel claim, justifying a preliminary injunction against the enforcement of the zoning ordinance as interpreted.
• Von Stein v. Brescher
  696 F. Supp. 606· S.D. Fla.· 1988-10-05 ·cited 1×
  The court held that the defendants were not entitled to qualified immunity because a reasonable officer would have known that there was no probable cause to arrest the plaintiff, given his cooperation and lack of requisite knowledge regarding the illegal activities.
• Dunn v. the Florida Bar
  726 F. Supp. 1261· M.D. Fla.· 1988-08-30 ·cited 1×
  The court held that defeating a motion for summary judgment is not sufficient to establish prevailing party status for attorney's fees, but it can be relevant to establishing a substantial constitutional claim.
• Coghlan v. Starkey
  852 F.2d 806· 5th Cir.· 1988-08-08 ·cited 1×
  The court held that an attorney must personally pay the appellee's appellate defense costs because the appeal was frivolous and lacked any reasonable legal basis.
• Scales v. Mem'l Med. Ctr. of Jacksonville, Inc.
  690 F. Supp. 1002· M.D. Fla.· 1988-07-18 ·cited 1×
  The court held that the Risk Retention Act does not create an implied private cause of action, and therefore, it lacked subject matter jurisdiction over the plaintiffs' claims.
• Card v. Dugger
  709 F. Supp. 1098· M.D. Fla.· 1988-06-17 ·cited 1×
  The court held that the prison's modified procedures for inmate visits with clergy during Death Watch were reasonably related to legitimate penological interests and did not violate the Free Exercise Clause or Equal Protection Clause.
• Majette v. Butterworth
  603 F. Supp. 22· S.D. Fla.· 1988-04-25 ·cited 1×
  The court denied motions to strike and for default judgment, granted dismissal for claims against the defendant in his official capacity due to lack of notice, but denied dismissal for claims against him in his individual capacity.
• Jones v. City of Key W.
  679 F. Supp. 1547· S.D. Fla.· 1988-02-25 ·cited 1×
  The court held that the Mayor's actions in silencing and removing the plaintiff from a public meeting violated the plaintiff's First Amendment rights, as the speech was protected political expression and not a genuine disruption.
• Int'l Eateries of Am., Inc. v. Broward Cnty.
  726 F. Supp. 1556· S.D. Fla.· 1987-10-13 ·cited 1×
  The court held that the distance ordinances were facially valid time, place, and manner regulations, but the special uses ordinances restricting adult nightclubs to a specific zone were problematic and potentially unconstitutional as applied.
• Fairley v. Hon. Bill Allain
  817 F.2d 306· 5th Cir.· 1987-05-20 ·cited 1×
  The court held that the one-year statute of limitations, as applied in Gates v. Spinks, applies retroactively to this § 1983 action.
• Chesney v. Hill
  813 F.2d 754· 6th Cir.· 1987-03-10 ·cited 1×
  The court held that the plaintiff's claims of negligence were not cognizable as a Fourteenth Amendment deprivation under 42 U.S.C. § 1983, and there was no Fourth Amendment violation.
• Betts v. City of Edgewater
  646 F. Supp. 1427· M.D. Fla.· 1986-10-23 ·cited 1×
  The court held that the plaintiff was an at-will employee and not entitled to procedural due process protections beyond those afforded by Florida law and the city's ordinances.
• Emory Conner v. Sticher
  801 F.2d 1266· 11th Cir.· 1986-10-14 ·cited 1×
  The dissenting judge holds that psychological harassment by police constitutes an abuse of power and implicates a constitutionally protected interest.
• Shelton v. City OF Atlanta
  796 F.2d 1391· 11th Cir.· 1986-08-14 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff did not have a constitutionally protected property interest in his detective position because the city's ordinances and charter treated the position as temporary and discretionary, thus not entitling him to a hearing upon reassignment.
• Alvaro L. Hernandez, Jr. v. W.J. Estelle, Jr.
  788 F.2d 1154· 5th Cir.· 1986-05-09 ·cited 1×
  Prison officials are entitled to qualified immunity for censoring a publication if their actions did not violate clearly established law at the time, and a delay in notifying an inmate of censorship does not constitute a constitutional violation.
• Chapman v. Arthur Murray Int'l, Inc.
  526 F. Supp. 1082· S.D. Fla.· 1986-04-23 ·cited 1×
• Paisey v. Vitale
  634 F. Supp. 741· S.D. Fla.· 1986-04-22 ·cited 1×
  The court held that injunctive relief against the state court judge and the state defamation action is barred by judicial immunity and the Anti-Injunction Act, but a claim for damages based on retaliation under Title VI may proceed.
• Howard v. The City OF Greenwood
  783 F.2d 1311· 5th Cir.· 1986-03-07 ·cited 1×
  The court held that the trial court properly entered summary judgment on Rucker's unequal protection claim and that the findings of fact on the brutality claims were not clearly erroneous.
• Wallace v. Town of Palm Beach
  624 F. Supp. 864· S.D. Fla.· 1985-12-16 ·cited 1×
  The court held that the Palm Beach registration ordinance, while serving legitimate local interests in crime control, imposes an excessive burden on interstate commerce due to the availability of less restrictive alternatives, thus violating the Commerce Clause.
• Brew v. Sch. Bd. of Orange Cnty.
  626 F. Supp. 709· M.D. Fla.· 1985-12-12 ·cited 1×
  The court held that the plaintiff failed to establish a constitutionally protected property or liberty interest in her employment and that her First Amendment association claim failed because her conduct was not constitutionally protected and not a motivating factor in the employ
• Lowe v. City OF Monrovia
  775 F.2d 998· 9th Cir.· 1985-10-30 ·cited 1×
  The court held that an applicant failed to establish a prima facie case of disparate treatment because the city followed its established, facially neutral hiring procedures, and there was no evidence of disparate treatment.
• Sherrod v. Palm Beach Cnty. Sch. Bd.
  620 F. Supp. 1275· S.D. Fla.· 1985-10-24 ·cited 1×
  The court held that the plaintiff's claim of a constitutionally protected property interest in tenure failed because he only had an expectation, not a guaranteed right, and that his liberty interest claim was also invalid as any stigma resulted from his own litigation.
• Waste Aid Sys., Inc. v. Citrus Cnty.
  613 F. Supp. 102· M.D. Fla.· 1985-06-11 ·cited 1×
  The court held that a county's ban on out-of-county waste at its landfill did not violate the Equal Protection Clause or the Due Process Clause, as it served a legitimate public purpose and was rationally related to that purpose, and no protected property interest was created by
• L.M.E., Inc. v. City of Hollywood
  605 F. Supp. 185· S.D. Fla.· 1985-04-19 ·cited 1×
  The court affirmed the granting of a coastal construction permit to the City of Hollywood, finding that the developer, Woodholly Associates, Inc., properly raised the issue of the City's burden to prove the necessity and justification for the development.
• DeWeese v. Town of Palm Beach
  616 F. Supp. 971· S.D. Fla.· 1985-03-30 ·cited 1×
  The court held that the town ordinance prohibiting shirtless running in certain public areas is a reasonable exercise of the town's police power and does not violate the plaintiff's constitutional rights to free expression or equal protection.
• Adams v. Brierton
  752 F.2d 546· 11th Cir.· 1985-02-04 ·cited 1×
  The court held that prison officials were entitled to qualified immunity because they acted in good faith and could not have known they were violating clearly established rights under the specific facts of the case.
• Ferrara v. Mills
  596 F. Supp. 1069· S.D. Fla.· 1984-11-14 ·cited 1×
  The court held that the plaintiff's speech, concerning internal school policies and personal grievances, did not constitute a matter of public concern and therefore was not protected by the First Amendment.
• Bell v. The Sch. Bd. OF the City OF Norfolk
  734 F.2d 155· 4th Cir.· 1984-05-07 ·cited 1×
  The court held that the plaintiffs failed to state a claim upon which relief could be granted, as the facts did not amount to a violation of First Amendment rights.
• Fundiller v. City of Cooper City
  578 F. Supp. 303· S.D. Fla.· 1984-01-18 ·cited 1×
  The court held that plaintiffs failed to state a claim under 42 U.S.C. § 1983 because the alleged excessive force was a tort redressable by state law, and that claims under 42 U.S.C. § 1985 and 18 U.S.C. § 242 failed for lack of required animus or implied private right of action.
• Cornes v. Munoz
  724 F.2d 61· 7th Cir.· 1983-12-28 ·cited 1×
  An appellate defender does not act under color of state law when performing traditional legal functions for a client, precluding a Section 1983 suit for malpractice.
• Thorne v. City OF EL Segundo
  726 F.2d 459· 9th Cir.· 1983-11-21 ·cited 1×
  The court held that the district court erred in dismissing the § 1983 claim and in ruling against the plaintiff on her Title VII claim, reversing both decisions.
• Graham v. Jacksonville Coach Co.
  568 F. Supp. 1575· M.D. Fla.· 1983-08-22 ·cited 1×
  The court held that the plaintiff failed to prove by a preponderance of the evidence that his discharge was based on racial animus, and therefore, his claims under Title VII, 42 U.S.C. §§ 1981, and 1983 failed.