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

• Kerr v. City OF Chicago
  424 F.2d 1134· 7th Cir.· 1970-03-11 ·cited 38×
  The court held that the district court erred in striking allegations and refusing evidence regarding the plaintiff's involuntary confession and illegal detention, and in refusing several jury instructions. However, the dismissal of the City of Chicago was affirmed.
• Jones v. Jones
  410 F.2d 365· 7th Cir.· 1969-03-05 ·cited 38×
  The court held that the plaintiff's civil rights action was barred by the statute of limitations and that the defendants, including judges and private attorneys, were immune from suit under 42 U.S.C. § 1983.
• Coppinger v. Gene Townsend, M.D.
  398 F.2d 392· 10th Cir.· 1968-07-24 ·cited 38×
  The court held that a prisoner's complaint alleging inadequate medical care, rather than total denial, does not state a claim under 42 U.S.C. § 1983.
• Caperci v. Huntoon
  397 F.2d 799· 1st Cir.· 1968-07-11 ·cited 38×
  Punitive damages are recoverable under the Civil Rights Act of 1871, and the evidence supported their award in this case.
• Mrs. Mary Ellen Pritchard v. Smith
  289 F.2d 153· 8th Cir.· 1961-04-26 ·cited 38×
  A civil rights action brought under 42 U.S.C.A. § 1983 for personal injuries survives the death of the defendant tortfeasor.
• Kerr v. Enoch Pratt Free Library of Baltimore City
  149 F.2d 212· 4th Cir.· 1945-04-17 ·cited 38×
  The Enoch Pratt Free Library, despite its private incorporation, functions as an instrumentality of the state due to extensive state control and funding, and therefore cannot discriminate based on race in its admissions to training programs.
• Huebner v. Ric Bradshaw
  935 F.3d 1183· 11th Cir.· 2019-08-22 ·cited 37×
  The court held that the arresting officer had probable cause to arrest the plaintiff for simple battery and did not use excessive force, thus entitling the officer to qualified immunity.
• Attwood v. Singletary
  105 F.3d 610· 11th Cir.· 1997-02-11 ·cited 37×
  Robert Attwood appealed the dismissal of his § 1983 civil rights claims and imposition of Rule 11 sanctions. The court affirmed, finding that Attwood filed false in forma pauperis affidavits claiming indigency despite prior judicial determinations that he was not indigent, and th
• Marcellino Ortega v. C.J. Schramm
  922 F.2d 684· 11th Cir.· 1991-01-28 ·cited 37×
  The Eleventh Circuit held that federal courts lack pendent party jurisdiction over state law claims in § 1983 actions and reversed judgments notwithstanding the verdict for a deputy sheriff on § 1983 claims, remanding for a damages trial.
• Ceres P'rs v. GEL Assocs.
  918 F.2d 349· 2d Cir.· 1990-11-08 ·cited 37×
  The Second Circuit adopted a uniform federal statute of limitations for federal securities claims, but affirmed the dismissal because the claims were time-barred under the adopted period.
• J.O. and P.O. v. Alton Cmty. Unit Sch. Dist. 11
  909 F.2d 267· 7th Cir.· 1990-08-03 ·cited 37×
  The court held that it has jurisdiction to review both the dismissal of federal claims and the remand of pendent state claims, and that the plaintiffs should have been allowed to amend their complaint.
• Hattaway v. Quinn A. McMILLIAN
  903 F.2d 1440· 11th Cir.· 1990-06-25 ·cited 37×
  The court held that the plaintiff's failure to wait the full six months after providing notice of claim before filing suit did not bar recovery, as the issue was procedurally governed by federal law and the district court did not abuse its discretion. The court also found the jur
• Gobel v. Maricopa Cnty.
  867 F.2d 1201· 9th Cir.· 1989-02-09 ·cited 37×
  Prosecutors are not absolutely immune for investigative actions or public statements unrelated to the judicial phase of a prosecution, and a county can be liable under § 1983 if its elected officials act as policymakers.
• Morales v. Merritt Stierheim
  848 F.2d 1145· 11th Cir.· 1988-07-07 ·cited 37×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that while the employee's statements touched upon matters of public concern, the employer's interest in efficient public service and maintaining working relationships outweighed the employee's free speech rights, justifying the reassignment.
• Giacalone v. Abrams
  850 F.2d 79· 2d Cir.· 1988-06-21 ·cited 37×
  A denial of qualified immunity is immediately appealable even when a plaintiff seeks both damages and equitable relief. The court reversed the district court's denial of qualified immunity, finding the law was not clearly established regarding the employee's First Amendment right
• Rinker v. Cnty. OF Napa
  831 F.2d 829· 9th Cir.· 1987-10-22 ·cited 37×
  The court held that the jury instructions for the § 1983 claim were erroneous because they allowed liability based on mere negligence, contrary to Supreme Court precedent. Therefore, the denial of the motion for judgment notwithstanding the verdict was reversed.
• Ipcia M. Kercado-Melendez v. Awilda Aponte-Roque
  829 F.2d 255· 1st Cir.· 1987-09-22 ·cited 37×
  The court held that the plaintiff was in the midst of administrative proceedings when she filed her federal suit, and thus should have exhausted state remedies before proceeding in federal court.
• Tierney v. City OF Toledo
  824 F.2d 1497· 6th Cir.· 1987-07-27 ·cited 37×
  A union's agency shop plan must provide constitutionally adequate procedures before non-members can be compelled to pay service fees, including advance reduction of potentially ideological expenses and an impartial arbitration process.
• Ill. Psychological Ass'n v. Falk
  818 F.2d 1337· 7th Cir.· 1987-05-12 ·cited 37×
  The court held that the plaintiffs failed to demonstrate a sufficient likelihood of success on the merits to warrant a preliminary injunction against state regulation, and thus the denial of the injunction was proper.
• Bergquist v. Cnty. OF Cochise
  806 F.2d 1364· 9th Cir.· 1986-12-23 ·cited 37×
  The court held that officers are not per se shielded from liability by a magistrate's issuance of a warrant and that a policy of gross negligence in training or supervision can give rise to § 1983 liability.
• Thorne v. City OF EL Segundo
  802 F.2d 1131· 9th Cir.· 1986-10-20 ·cited 37×
  The court held that the district court erred in limiting backpay to the date of resignation and that the § 1983 claim was barred by qualified immunity because the right to privacy regarding off-duty sexual conduct was not clearly established at the time of the violation.
• Leslie v. Ingram
  786 F.2d 1533· 11th Cir.· 1986-04-22 ·cited 37×
  The court held that the district court erred in granting summary judgment by ignoring material issues of fact and misinterpreting the law regarding false arrest, excessive force, conspiracy, and wrongful impoundment claims.
• Greenwood v. Ross
  778 F.2d 448· 8th Cir.· 1985-11-22 ·cited 37×
  The court held that the district court erred in dismissing Title VII claims for failure to name parties in the EEOC charge when those parties had notice and opportunity to conciliate, and that Eleventh Amendment immunity did not bar Title VII claims. The court also held that the
• Trotter v. Klincar
  748 F.2d 1177· 7th Cir.· 1984-11-27 ·cited 37×
  The court held that parole officials are entitled to absolute quasi-judicial immunity for actions related to parole revocation procedures, and that the plaintiff failed to preserve his class action claims by not seeking timely certification.
• Brown v. United States
  739 F.2d 362· 8th Cir.· 1984-07-20 ·cited 37×
  The Feres doctrine bars claims against military superiors for failure to prevent or investigate incidents, but does not bar claims against fellow service members for participating in a racially motivated mock lynching, as such conduct is not incident to military service and does
• Edaleen Vinyard v. King
  728 F.2d 428· 10th Cir.· 1984-02-16 ·cited 37×
  The court held that under Oklahoma law, an employee handbook can create a constitutionally protected property interest in continued employment, requiring due process before termination.
• McFADDEN v. Lucas
  713 F.2d 143· 5th Cir.· 1983-09-01 ·cited 37×
  The court held that the plaintiff's complaint failed to state an arguable violation of his Eighth Amendment rights and that the district court did not abuse its discretion in denying his motion to intervene in a related class action. The dismissal of damages claims was affirmed,
• Daniels v. Williams
  720 F.2d 792· 4th Cir.· 1983-08-24 ·cited 37×
  The Parratt analysis applies to negligent deprivations of nonproperty interests, and Virginia's common law negligence action provides a meaningful postdeprivation remedy, thus no procedural due process violation occurred.
• Pace v. Evans
  709 F.2d 1428· 11th Cir.· 1983-07-18 ·cited 37×
  The court held that the district court erred in dismissing the prisoner's complaint and denying his motion to proceed in forma pauperis, as the complaint alleged facts that, if proven, might entitle him to relief.
• McGHEE v. Ogburn
  707 F.2d 1312· 11th Cir.· 1983-06-24 ·cited 37×
  The Florida two-year statute of limitations for wage claims applies to suits alleging a due process violation in employment termination, as well as employment discrimination claims.
• Berdin v. Duggan
  701 F.2d 909· 11th Cir.· 1983-04-01 ·cited 37×
  A public employee's speech concerning the condition of public services is constitutionally protected, and a mayor is not entitled to qualified immunity for firing an employee for such speech if the law was clearly established.
• LEE v. Conecuh Cnty. Bd. OF Educ.
  634 F.2d 959· 5th Cir.· 1981-01-22 ·cited 37×
  The court held that the trial court's finding of no racial discrimination was clearly erroneous, and the plaintiff is entitled to be reinstated as a principal with back pay.
• Fadjo v. Coon
  633 F.2d 1172· 5th Cir.· 1981-01-09 ·cited 37×
  The court held that the plaintiff stated a claim for unconstitutional deprivation of civil rights, establishing federal jurisdiction, and remanded for trial.
• Thomas v. Bd. OF Educ.
  607 F.2d 1043· 2d Cir.· 1979-10-15 ·cited 37×
  School authorities may regulate the on-campus distribution of indecent language in student publications to high school students, and discipline imposed for off-campus activity contrary to announced school policy is impermissible.
• Muhich v. Allen
  603 F.2d 1247· 7th Cir.· 1979-08-01 ·cited 37×
  The dissenting judge holds that Congress did not intend to empower magistrates to preside over full civil jury trials, and therefore jurisdiction was lacking, even with party consent.
• Ealy v. Talmadge Littlejohn
  569 F.2d 219· 5th Cir.· 1978-03-08 ·cited 37×
• Rancho Palos Verdes Corp. v. City OF Laguna Beach
  547 F.2d 1092· 9th Cir.· 1976-12-28 ·cited 37×
  The court held that the district court did not err in abstaining from exercising federal jurisdiction while retaining jurisdiction over federal claims pending resolution of state law issues in state court.
• Greenya v. George Wash. Univ.
  512 F.2d 556· D.C. Cir.· 1975-05-02 ·cited 37×
  The court held that the university's receipt of government funding and its chartering did not constitute sufficient state action to trigger constitutional guarantees for its employees, and that 42 U.S.C. § 1983 does not apply to actions under color of federal law.
• Hoitt v. Vitek
  497 F.2d 598· 1st Cir.· 1974-05-16 ·cited 37×
  The court held that while indefinite lockups may violate constitutional rights, the warden's good-faith belief in an emergency, coupled with a lack of clear legal standards for such situations, justified dismissal of the prisoners' damage claims.
• McDOWELL v. The State OF Tex.
  465 F.2d 1342· 5th Cir.· 1971-05-06 ·cited 37×
  A state employee's discharge for violating state law, without more, does not present a federal question cognizable under 42 U.S.C.A. § 1983, and a claim of slander per se is defeated by qualified privilege absent malice.
• Hesselgesser v. Reilly
  440 F.2d 901· 9th Cir.· 1971-04-08 ·cited 37×
  A sheriff is liable under 42 U.S.C. § 1983 for a deputy's civil rights violation if state law imposes such liability, even if the deputy has civil service status. The sheriff's statutory duty to operate the jail creates an exception to the rule limiting liability for civil servic
• Madison v. Purdy
  410 F.2d 99· 5th Cir.· 1969-04-21 ·cited 37×
  A prosecuting attorney is not immune from liability if he acts outside the scope of his jurisdiction or without legal authorization, particularly when allegations suggest conspiracy and malicious acts.
• Meredith v. Fair
  298 F.2d 696· 5th Cir.· 1962-01-12 ·cited 37×
• Davis v. City of Apopka
  78 F.4th 1326· 11th Cir.· 2023-08-28 ·cited 36×
  In 2011, Timothy Davis shot and killed his 22-year-old son during a domestic confrontation in Florida and was arrested at the scene. After Davis was acquitted of murder at trial, he sued the City of Apopka under federal and state law, claiming the officers arrested him without pr
• Levine v. Kaplan
  687 So. 2d 863· Fla. 5th DCA· 1997-01-17 ·cited 36×
  A lawsuit is properly dismissed for failure to prosecute under Florida Rule 1.420(e) when there is no record activity for one year and the plaintiff fails to show good cause, which requires proof of a compelling reason preventing active prosecution rather than mere assertions of
• Nicholson v. Ga. Dep't OF Human Res.
  918 F.2d 145· 11th Cir.· 1990-11-27 ·cited 36×
  The court held that the plaintiff presented sufficient evidence of sex discrimination to create a genuine issue of material fact, thus denying the defendants' claim of qualified immunity.
• Corn v. City OF Lauderdale Lakes
  904 F.2d 585· 11th Cir.· 1990-06-27 ·cited 36×
  The court held that the plaintiff's section 1983 claim for a temporary taking was not barred by res judicata or the statute of limitations.
• Edwrick Fowler v. Jones
  899 F.2d 1088· 11th Cir.· 1990-04-30 ·cited 36×
  The dissenting judge would affirm the district court's judgment, disagreeing with the majority's conclusions on two points.
• Powell v. Mikulecky
  891 F.2d 1454· 10th Cir.· 1989-12-15 ·cited 36×
  The court held that the defendants were entitled to qualified immunity because the plaintiff did not demonstrate that their actions violated clearly established constitutional rights regarding pretermination due process hearings.
• Whitney v. Brown
  882 F.2d 1068· 6th Cir.· 1989-08-15 ·cited 36×
  The court held that prohibiting Jewish inmates from attending weekly Sabbath services infringes on their religious freedom, but allowing an annual Passover Seder is permissible.