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

• Sconiers v. FNU Lockhart
  946 F.3d 1256· 11th Cir.· 2020-01-07 ·cited 153×
  The court held that the district court erred in granting summary judgment based on its own factual findings and misapplication of precedent, vacating the judgment and remanding for further proceedings.
• Bauers v. Heisel
  361 F.2d 581· 3d Cir.· 1966-05-19 ·cited 152×
• Focus ON THE Family v. Pinellas Suncoast Transit Auth.
  344 F.3d 1263· 11th Cir.· 2003-09-09 ·cited 150×
  Focus on the Family challenged a contract between the Pinellas Suncoast Transit Authority (PSTA) and Eller Media that allegedly barred Focus from advertising its "Love Won Out" conference on bus shelters in Pinellas County, Florida. The district court granted summary judgment for
• Barfield v. Brierton
  883 F.2d 923· 11th Cir.· 1989-09-15 ·cited 150×
  The court held that genuine issues of material fact existed regarding the plaintiff's liberty interest as a youthful offender and his access to courts and medical treatment, thus reversing the grant of summary judgment.
• Oliveri v. Thompson
  803 F.2d 1265· 2d Cir.· 1986-10-15 ·cited 150×
  The court held that sanctions under 28 U.S.C. § 1927 require a finding of subjective bad faith, while Rule 11 sanctions can be imposed for signing papers that are not well-grounded in fact or law after reasonable inquiry, or are filed for an improper purpose.
• LEE v. Russell Cnty. Bd. OF Educ.
  684 F.2d 769· 11th Cir.· 1982-09-01 ·cited 147×
  The court held that the district court applied an incorrect legal analysis and made inadequate findings of fact, requiring remand for further consideration of the evidence.
• Paez v. Mulvey
  915 F.3d 1276· 11th Cir.· 2019-02-08 ·cited 146×·via 42 U.S.C. § 1983 Claim
  The court held that even if exculpatory information had been included in the probable cause affidavits, there would still have been probable cause to believe the officers engaged in a scheme to defraud, thus no constitutional error occurred and the officers are entitled to qualif
• State v. Meyer
  430 So. 2d 440· Fla.· 1983-03-31 ·cited 146×
  The Florida Supreme Court consolidated six cases involving defendants whose court-appointed counsel failed to timely file notices of appeal. The Court approved granting habeas corpus relief allowing belated appellate review, but rejected the lower courts' rationale that imputed t
• Bell v. City OF Milwaukee
  746 F.2d 1205· 7th Cir.· 1984-09-04 ·cited 145×
  The court held that the district court properly admitted evidence of a conspiracy to conceal the truth and that certain civil rights claims were not time-barred.
• Hoptowit v. Dixy Lee RAY
  682 F.2d 1237· 9th Cir.· 1982-02-16 ·cited 143×
  The district court exceeded its equitable power by mandating specific programs to address racism, guard behavior, and prisoner classification, rather than issuing a general order to reduce prison violence.
• Reed v. Vill. OF Shorewood
  704 F.2d 943· 7th Cir.· 1983-04-05 ·cited 142×
  A liquor license can be considered property for Fourteenth Amendment due process purposes, and the Twenty-First Amendment does not grant absolute immunity to states to restrict First Amendment expression in bars without justification. Local officials acting in judicial or legisla
• McLELLAN v. Miss. Power & Light Co.
  545 F.2d 919· 5th Cir.· 1977-01-20 ·cited 142×
  The court affirmed the dismissal of the § 1985(3) claim, finding no indication Congress intended to protect the act of filing for bankruptcy.
• Mrs. Margaret Burnside v. Byars
  363 F.2d 744· 5th Cir.· 1966-07-21 ·cited 142×
  The court held that the school regulation forbidding the wearing of 'freedom buttons' was an arbitrary and unreasonable infringement on students' First Amendment rights, and the denial of a preliminary injunction was an abuse of discretion.
• United States ex rel. Luther Miller v. Twomey
  479 F.2d 701· 7th Cir.· 1973-05-16 ·cited 141×
  The dissenting judge would reverse the dismissal of claims alleging cruel and unusual punishment due to reckless endangerment and apply the full procedural safeguards of Morrissey v. Brewer to parole and good time revocation proceedings.
• Marbury v. Warden
  936 F.3d 1227· 11th Cir.· 2019-08-29 ·cited 139×
  Mitchell Marbury, an inmate at Alabama's St. Clair Correctional Facility, sued prison officials under civil rights law alleging they were deliberately indifferent to a substantial risk of serious harm after he reported witnessing numerous stabbings and receiving a threat to his s
• Columbus Brown v. Crawford
  906 F.2d 667· 11th Cir.· 1990-07-24 ·cited 139×
  The district court erred in failing to construe the pro se complaint liberally to include a claim against Crawford in his official capacity.
• Elliott v. Leander H. Perez, Jr.
  751 F.2d 1472· 5th Cir.· 1985-02-07 ·cited 139×
  The court holds that a claim against an official enjoying absolute immunity must state sufficient facts to demonstrate the absence of immunity.
• Norton v. McSHANE
  332 F.2d 855· 5th Cir.· 1964-06-01 ·cited 139×
  The dissenting opinion argues that the majority erred in granting immunity to federal officials accused of violating fundamental constitutional rights. It asserts that official immunity does not shield acts that are unlawful, willful, and malicious denials of constitutional right
• Mrs. Lola Hornsby v. Allen
  326 F.2d 605· 5th Cir.· 1964-01-07 ·cited 139×
  The court's opinion, as interpreted by the dissenter, classifies the refusal of a liquor license as adjudicative, not legislative, potentially misleading future cases.
• Fils v. City OF Aventura
  647 F.3d 1272· 11th Cir.· 2011-07-28 ·cited 138×
  Cindy Fils and Nemours Maurice sued police officers under 42 U.S.C. § 1983 for excessive force after being tased and arrested outside a nightclub in Aventura, Florida on August 23, 2003. The district court denied the officers' motions for summary judgment based on qualified immun
• Waldrop v. Evans
  871 F.2d 1030· 11th Cir.· 1989-04-28 ·cited 138×
  The court held that the district court's denial of summary judgment based on qualified immunity for Drs. Fodor and Smith was proper, as disputed issues of material fact remained regarding whether their conduct constituted deliberate indifference to the inmate's psychiatric needs.
• Milo John Munson v. Friske
  754 F.2d 683· 7th Cir.· 1985-01-29 ·cited 138×
  The court held that the plaintiff failed to raise genuine issues of material fact regarding his claims of retaliation, due process violations, and class-based discrimination, thus affirming the grant of summary judgment.
• Emile Powe v. Miles
  407 F.2d 73· 2d Cir.· 1968-12-23 ·cited 138×
  The court held that the regulation of demonstrations and discipline of students in the New York State College of Ceramics constitutes state action because the State has willed it so, making the college an integral part of the State University.
• Iberia Hampton v. The City OF Chicago
  484 F.2d 602· 7th Cir.· 1973-08-24 ·cited 137×
  The court held that state law cannot immunize conduct wrongful under federal civil rights statutes, and that prosecutorial conduct in planning a raid is not immune. It also found that allegations of conspiracy to prolong unfounded prosecutions were sufficient to survive a motion
• J.R. Bryson v. City OF Waycross
  888 F.2d 1562· 11th Cir.· 1989-11-30 ·cited 136×
  The court held that a police officer's disruptive speech, even if concerning public matters, is not protected by the First Amendment when it significantly impairs governmental efficiency, and that denying a motion to amend a complaint to add an equal protection claim was not an a
• Dewitt Owens v. Haas
  601 F.2d 1242· 2d Cir.· 1979-07-09 ·cited 136×
  The court held that the plaintiff should be allowed limited discovery and an opportunity to amend his complaint to state a claim for "deliberate indifference" against the county under 42 U.S.C. § 1983, and that his breach of contract claim as a third-party beneficiary should be r
• Morris v. Ross
  663 F.2d 1032· 11th Cir.· 1981-12-14 ·cited 134×
  The court held that the appeal is frivolous and the motion to proceed in forma pauperis should be denied.
• Bannum, Inc. v. City OF Fort Lauderdale
  901 F.2d 989· 11th Cir.· 1990-05-21 ·cited 133×
  The court held that the district court erred in granting summary judgment to the City of Fort Lauderdale on immunity grounds, vacating the judgment and remanding for consideration of constitutional issues and pendent state claims.
• United States v. The City OF Miami
  614 F.2d 1322· 5th Cir.· 1980-04-10 ·cited 133×
  The court held that approving racial and sexual quotas in hiring and promotion, even without a finding of past discrimination, is constitutionally permissible under the Fourteenth Amendment.
• The Vulcan Soc'y OF the NEW York City Fire Dep't, Inc. v. Civil Serv. Comm'n OF the City OF NEW York
  490 F.2d 387· 2d Cir.· 1973-11-21 ·cited 133×
  The court held that the Fire Department's selection procedures, including a written examination with a discriminatory impact and a lack of a competitive physical, were insufficiently job-related to withstand constitutional attack.
• Nilsen v. The City OF Moss Point
  701 F.2d 556· 5th Cir.· 1983-04-01 ·cited 132×
  The court held that the doctrine of res judicata should not bar a plaintiff's constitutional claim when the district court denied her motion to amend her original complaint to include that claim.
• Archie v. City OF Racine
  847 F.2d 1211· 7th Cir.· 1988-05-23 ·cited 131×
  The dissenting judges argue that the defendant's actions, in failing to dispatch an ambulance and advising against seeking other medical help, constituted gross negligence or reckless indifference, making it actionable under 42 U.S.C. § 1983.
• Mandel v. John DOE (name unknown
  888 F.2d 783· 11th Cir.· 1989-11-17 ·cited 130×
  The court held that the district court correctly denied the County's motions for directed verdict and judgment notwithstanding the verdict on the issue of deliberate indifference, and affirmed the judgment.
• Myers v. Morris
  810 F.2d 1437· 8th Cir.· 1987-02-03 ·cited 130×
  The court holds that the prosecutor's actions in handling child abuse cases are protected, despite concerns about the dismissal of charges and the handling of evidence.
• Tomas Menchaca and wife v. Chrysler Credit Corp.
  613 F.2d 507· 5th Cir.· 1980-03-07 ·cited 130×
  The dissenting judge would reverse the district court's dismissal and remand for trial, arguing that the jurisdictional issue was factually intertwined with the merits and should not have been decided summarily.
• Barker v. Norman
  651 F.2d 1107· 5th Cir.· 1981-07-30 ·cited 129×
  The court held that the trial judge abused his discretion by not advising a pro se litigant that his affidavit was insufficient due to hearsay.
• Rakovich v. Wade
  850 F.2d 1180· 7th Cir.· 1988-06-08 ·cited 128×
• Jones v. Diamond
  519 F.2d 1090· 5th Cir.· 1975-09-26 ·cited 128×
  The court held that an order denying class certification is appealable under 28 U.S.C. § 1292(a)(1) if the denial effectively prevents broad injunctive relief sought as the primary purpose of the suit. It also held that the district court abused its discretion by denying class ce
• Williams v. Bennett
  689 F.2d 1370· 11th Cir.· 1982-10-29 ·cited 126×
  The court held that while prior litigation established unconstitutional prison conditions, individual defendants are not collaterally estopped from litigating their specific culpability. The court also affirmed the dismissal of state law claims against an inmate and the Eleventh
• Hernandez v. City OF Lafayette
  643 F.2d 1188· 5th Cir.· 1981-05-01 ·cited 126×
  Local legislators are entitled to absolute immunity under § 1983 for conduct in furtherance of their legislative duties, but municipalities are not entitled to legislative immunity from damages for uncompensated takings of private property through zoning regulations.
• Hattie Brazier v. Cherry
  293 F.2d 401· 5th Cir.· 1961-07-07 ·cited 126×
  The court held that 42 U.S.C.A. § 1988, when applied with the Georgia Survival Statute, creates a cause of action not intended by Congress. The dissent argues this circumvents limitations in § 1986.
• Dep't OF Revenue v. Kuhnlein
  646 So. 2d 717· Fla.· 1994-09-29 ·cited 125×
  The Florida Supreme Court held that a $295 impact fee on vehicles titled outside Florida and registered by new Florida residents violates the Commerce Clause because it discriminates against interstate commerce and cannot survive strict scrutiny. The Court rejected alternative re
• Bonner v. Coughlin
  545 F.2d 565· 7th Cir.· 1976-10-28 ·cited 125×
  The court held that the negligence of prison guards causing the loss of a prisoner's transcript was not a state deprivation of property without due process of law under the Fourteenth Amendment, nor was it action 'under color of state law' for purposes of Section 1983.
• Bennett v. City OF Slidell
  728 F.2d 762· 5th Cir.· 1984-04-02 ·cited 124×
  The court held that a municipality can be held liable under section 1983 for the unconstitutional actions of an appointed official if that official's acts represent official policy, even if the municipality's written policies are facially constitutional.
• Bennie Lenard v. Robert Argento & Joseph Sansone
  699 F.2d 874· 7th Cir.· 1983-02-01 ·cited 124×
  The court held that there was insufficient evidence to support the jury's verdict against the Village of Melrose Park for failure to train or supervise its officers, and reversed the conspiracy to obstruct justice conviction due to lack of an overt act. However, it affirmed the j
• Executive 100, Inc. v. Martin Cnty.
  922 F.2d 1536· 11th Cir.· 1991-02-07 ·cited 123×
  The court held that due process takings and just compensation claims are not ripe until a final decision on development and pursuit of compensation is made, but equal protection, arbitrary and capricious due process, and tortious interference claims may proceed.
• Roseann Michelle Gill v. Grady Judd
  941 F.3d 504· 11th Cir.· 2019-10-21 ·cited 122×
  A minor arrested for aggravated stalking after another student's suicide sued under federal civil rights law, alleging that Deputy McKinney lacked probable cause to arrest her and violated her Fourth Amendment rights by entering her home without consent or a warrant. The Eleventh
• Forsyth v. Kleindienst
  599 F.2d 1203· 3d Cir.· 1979-05-22 ·cited 122×
  Denials of summary judgment motions based on absolute immunity are immediately appealable under the collateral order doctrine, but denials of qualified immunity are not. Former Attorney General Mitchell is not entitled to absolute immunity for authorizing warrantless electronic s
• VON Stein v. Brescher
  904 F.2d 572· 11th Cir.· 1990-06-27 ·cited 121×·via Section 1983
  The court held that the officers were entitled to qualified immunity for the arrest because arguable probable cause existed, and that the plaintiff's defamation claim under Section 1983 failed because it did not allege the deprivation of a tangible interest beyond reputation.
• Tucker v. Resha
  648 So. 2d 1187· Fla.· 1994-11-10 ·cited 120×
  The Florida Supreme Court held that orders denying summary judgment based on qualified immunity claims are subject to interlocutory review in Florida courts to the same extent as in federal courts, applying the standard from Mitchell v. Forsyth that such orders are reviewable whe