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

• Huynh THI ANH and Dao Thanh Linh v. Levi
  586 F.2d 625· 6th Cir.· 1978-10-20 ·cited 31×
  Federal courts should not assert jurisdiction over child custody disputes, even involving aliens, as these matters fall within the traditional purview of state courts and require exhaustion of state remedies.
• McGHEE v. Draper
  564 F.2d 902· 10th Cir.· 1977-10-03 ·cited 31×
  The court held that the trial court erred in directing a verdict against the plaintiff on her liberty interest claim, as the evidence could support a finding that the school board's actions imposed a stigma foreclosing future employment opportunities. The court also found that pr
• Robert Dean Mattis, M.D. v. Schnarr
  547 F.2d 1007· 8th Cir.· 1976-12-01 ·cited 31×
  Missouri statutes permitting law enforcement officers to use deadly force to arrest a fleeing felon are unconstitutional as applied to cases where the felon has not used deadly force and does not pose a threat of deadly force to officers or others.
• Magnett v. Pelletier
  488 F.2d 33· 1st Cir.· 1973-11-26 ·cited 31×
  The court held that $500 is not a proper amount for nominal damages in a civil rights action, as nominal damages are a token sum for technical violations without provable loss.
• Green v. Bd. OF Regents OF Tex. Tech Univ.
  474 F.2d 594· 5th Cir.· 1973-02-13 ·cited 31×
  The court held that the trial judge's findings of fact were not clearly erroneous, affirming the denial of relief for sex discrimination in promotion.
• Cousins v. Wigoda
  463 F.2d 603· 7th Cir.· 1972-06-29 ·cited 31×
  The court held that vacating a preliminary injunction against a state court action seeking to suppress First Amendment rights was an abuse of discretion.
• Madison v. Gerstein
  440 F.2d 338· 5th Cir.· 1971-03-24 ·cited 31×
  The court held that the State Attorney is immune from suit for acts within his official capacity, and the Director of Public Safety is not vicariously liable for a deputy's acts he did not direct or know about, as his office differs from a traditional sheriff.
• Romer v. Leary
  425 F.2d 186· 2d Cir.· 1970-04-10 ·cited 31×
  The court held that the plaintiff's action was barred by the three-year statute of limitations applicable to suits based on a liability created by statute.
• Barnes v. Merritt
  376 F.2d 8· 5th Cir.· 1967-04-18 ·cited 31×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a complaint alleging arbitrary denial of a liquor license due to a lack of ascertainable standards states a claim for relief under the Fourteenth Amendment.
• Lucero v. Donovan
  354 F.2d 16· 9th Cir.· 1965-11-23 ·cited 31×
  The court held that the search of the apartment and seizure of pills were unlawful absent valid consent, and that even if lawful, there was no probable cause for arrest. The court also found prejudicial admission of evidence regarding scars and irrelevant inquiry into marital sta
• Joy Laskar, PH.D. v. Hurd
  972 F.3d 1278· 11th Cir.· 2020-08-28 ·cited 30×
  Joy Laskar, an electrical engineer and professor at Georgia Tech, sued four university officials under 42 U.S.C. § 1983 for malicious prosecution after they created a report accusing him of stealing resources from the institute, which led to his arrest and prosecution for rackete
• Detective Jerome Vermette v. Ludwig
  707 So. 2d 742· Fla. 2d DCA· 1997-12-10 ·cited 30×
  Police officers appealed the denial of their motion for summary judgment in a civil rights action brought under 42 U.S.C. §§ 1983, 1985, and 1986 following an arrest for dealing in stolen property. The court granted the officers' petition for writ of certiorari and directed summa
• Lester v. THE City OF Tavares
  603 So. 2d 18· Fla. 5th DCA· 1992-07-10 ·cited 30×
  The court held that sovereign immunity does not protect against false arrest claims and that qualified immunity for a § 1983 claim requires further factual development.
• McGILL v. Duckworth
  944 F.2d 344· 7th Cir.· 1991-09-17 ·cited 30×
  The court held that the jury verdict of negligence should not be overturned based on the doctrine of assumption of risk, as the inmate did not voluntarily assume the risk of rape.
• Raymon J. Melton v. City OF Okla. City
  928 F.2d 920· 10th Cir.· 1991-03-19 ·cited 30×
  The court held that the district court's instruction on stigmatization was erroneous, but found the error harmless. The dissent also addressed the falsity requirement and pre-termination hearing rights.
• Dixon v. Deputy Sheriff Donald Richer
  922 F.2d 1456· 10th Cir.· 1991-01-07 ·cited 30×
  The court held that the deputies were not entitled to summary judgment on qualified immunity because their alleged conduct, viewed in the light most favorable to the plaintiffs, was not objectively reasonable under the Fourth Amendment and violated clearly established law.
• Buckley v. Fitzsimmons
  919 F.2d 1230· 7th Cir.· 1990-12-05 ·cited 30×
  The court should not grant absolute immunity to a prosecutor for statements made at a press conference that allegedly create prejudicial pretrial publicity.
• Pelfresne v. Vill. OF Williams BAY
  917 F.2d 1017· 7th Cir.· 1990-11-08 ·cited 30×
  A purchaser is not bound by a state court's raze order if it does not appear of record in the chain of title, but may be bound if they had actual or inquiry notice of the order.
• Linnie Kay Berry v. City OF Muskogee
  900 F.2d 1489· 10th Cir.· 1990-04-10 ·cited 30×
  The court's majority opinion applied the Eighth Amendment standard, but the dissenting judge argues that due process analysis under the Fourteenth Amendment should apply, with a proposed gross negligence standard for such claims.
• Torres v. Superintendent OF the Police OF Puerto RICO
  893 F.2d 404· 1st Cir.· 1990-01-08 ·cited 30×·via Section 1983
  The court held that the plaintiffs' Section 1983 claim for wrongful termination was time-barred because the administrative action did not toll the statute of limitations, and their malicious prosecution claim failed because the alleged conduct did not rise to the level of a const
• Reed v. HOY
  909 F.2d 324· 9th Cir.· 1989-12-15 ·cited 30×
  The court held that the jury instruction misstated the law by applying a substantive due process standard instead of the Fourth Amendment's objective reasonableness standard for excessive force claims.
• Agosto-De-Feliciano v. Awilda Aponte-Roque
  889 F.2d 1209· 1st Cir.· 1989-12-08 ·cited 30×
  The court joins in vacating and remanding the case to await Supreme Court clarification on job change lawsuits for state employees.
• Tillman v. Coley
  886 F.2d 317· 11th Cir.· 1989-10-18 ·cited 30×
  The dissenting judge would find that Sheriff Coley had probable cause for the arrest and is entitled to qualified immunity.
• Danese v. Asman
  875 F.2d 1239· 6th Cir.· 1989-05-26 ·cited 30×
  The majority reversed the denial of qualified immunity, finding the unlawfulness of the officers' actions was not apparent under pre-existing law.
• Masters v. Crouch
  872 F.2d 1248· 6th Cir.· 1989-04-18 ·cited 30×
  The court held that officers are not constitutionally required to investigate every claim of innocence when acting on a facially valid arrest warrant, and that a strip search of a person arrested for a minor traffic offense without reasonable suspicion of contraband or weapons vi
• Wolf v. City OF Fitchburg & G. Jean Seiling
  870 F.2d 1327· 7th Cir.· 1989-03-27 ·cited 30×
  A public employee's claim to a property interest in employment, protected by due process, must be based on state law or a mutually explicit understanding, not unauthorized assurances from government officials.
• Goka v. Bobbitt
  862 F.2d 646· 7th Cir.· 1988-11-21 ·cited 30×
  The court held that summary judgment was improperly granted because a genuine issue of material fact existed regarding whether prison officials had knowledge of the risk of harm to the inmate and failed to take reasonable steps to prevent it.
• Gutzwiller v. Fenik
  860 F.2d 1317· 6th Cir.· 1988-11-01 ·cited 30×·via Violation Of 42 U.S.C. § 1983
  The court held that there was insufficient evidence to support claims of sex discrimination and substantive due process violations against the defendants, and that judicial intervention in academic tenure decisions is generally inappropriate.
• Doering v. Union Cnty. Bd. OF Chosen Freeholders
  857 F.2d 191· 3d Cir.· 1988-09-14 ·cited 30×
  The court affirmed the finding of a Rule 11 violation and the lodestar calculation for attorney's fees but vacated the monetary sanction amount, remanding for consideration of mitigating factors.
• Matherne v. Wilson
  851 F.2d 752· 5th Cir.· 1988-08-10 ·cited 30×·via 42 U.S.C. § 1983 Claim
  A public official is entitled to qualified immunity if a reasonable officer would have believed their actions met constitutional standards, and the law was not clearly established at the time of the action. A public employer cannot fire an employee for political activity if it do
• Lenell Geter v. Fortenberry
  849 F.2d 1550· 5th Cir.· 1988-07-26 ·cited 30×
  Prosecutors Wade and Isenberg are entitled to absolute immunity for actions within the judicial phase of prosecution, and Geter's defamation claim does not implicate a constitutional right. Officer Kuhn is not entitled to immunity if he procured false identification by unlawful m
• Perkins v. Mobile Hous. Bd.
  847 F.2d 735· 11th Cir.· 1988-06-20 ·cited 30×
  The court held that the district court abused its discretion in determining the hourly rate and reducing the hours expended without adequate explanation, requiring remand for reconsideration. However, the court affirmed the district court's deduction for partial success.
• Inmates OF Occoquan v. Barry
  844 F.2d 828· D.C. Cir.· 1988-04-12 ·cited 30×
  The court affirmed a summary judgment holding that certain statutory provisions exempting alcoholic beverages manufactured and bottled in Florida from excise taxes violated the commerce clause by discriminating against interstate commerce.
• Page v. DeLAUNE
  837 F.2d 233· 5th Cir.· 1988-02-12 ·cited 30×
  The court held that a letter designating the record on appeal, sent within the time limit, satisfied the notice of appeal requirement, and that genuine issues of material fact existed regarding the plaintiff's procedural due process claim.
• Argento v. Vill. OF Melrose Park
  838 F.2d 1483· 7th Cir.· 1988-01-27 ·cited 30×
  The court held that the district court had jurisdiction to enforce judgments against a municipality and its insurer under supplementary and pendent jurisdiction, and that Illinois' § 9-102 makes a local public entity directly liable for employee tort judgments.
• Donald v. Polk Cnty.
  836 F.2d 376· 7th Cir.· 1988-01-13 ·cited 30×
  The court held that the Donalds' claims were barred by collateral estoppel and that they failed to establish actual damages for procedural due process violations.
• Donahue v. Windsor Locks Bd. OF Fire Comm'rs
  834 F.2d 54· 2d Cir.· 1987-11-25 ·cited 30×
  The court held that the district court erred in granting summary judgment on the plaintiff's First Amendment claims, as genuine issues of material fact existed regarding whether the defendants' actions were retaliatory.
• Gjellum v. The City OF Birmingham
  829 F.2d 1056· 11th Cir.· 1987-10-13 ·cited 30×
  The court held that federal common law of preclusion does not require application of state claim preclusion rules to unreviewed state administrative decisions in Section 1983 suits.
• SAN Bernardino Physicians' Servs. Med. Grp., Inc. v. Cnty. OF SAN Bernardino
  825 F.2d 1404· 9th Cir.· 1987-08-26 ·cited 30×
  A corporation's contract to supply services to the state does not create a constitutionally protected property interest under the Fourteenth Amendment, even if the contract contains provisions for termination only 'for cause'.
• Nydia Tavarez and Manny Tavarez v. O'Malley
  826 F.2d 671· 7th Cir.· 1987-08-13 ·cited 30×
  The court held that the prolonged closure of the grocery store after the emergency had passed, without a hearing or opportunity to contest the seizure, constituted a denial of due process under the Fourteenth Amendment, and that the district court erred in granting summary judgme
• Harpole v. The Ark. Dep't OF Human Servs.
  820 F.2d 923· 8th Cir.· 1987-06-03 ·cited 30×
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because the defendants did not violate any affirmative duties under Arkansas law, no special relationship existed, the plaintiff did not suffer a loss of a constitutionally protected interest, and th
• Hamer v. Cnty. OF Lake
  819 F.2d 1362· 7th Cir.· 1987-05-15 ·cited 30×
  The court held that attorney's fees could be awarded against the plaintiffs because their claims were largely frivolous, but fees could not be awarded against their attorneys under 42 U.S.C. § 1988.
• Dugan v. Brooks
  818 F.2d 513· 6th Cir.· 1987-05-06 ·cited 30×
  The court held that the plaintiff's complaint stated a claim for relief under 42 U.S.C. § 1983, alleging violations of the fourth and fourteenth amendments.
• Bolden v. Al Alston
  810 F.2d 353· 2d Cir.· 1987-01-28 ·cited 30×
  Prison officials are entitled to qualified immunity because their actions in disciplinary proceedings did not violate clearly established constitutional rights. The inmate received the minimal due process required for administrative confinement and the Superintendent's Proceeding
• Gagne v. City OF Galveston
  805 F.2d 558· 5th Cir.· 1986-12-09 ·cited 30×
  An arresting officer is entitled to qualified immunity when there is no clearly established constitutional duty to discover a prisoner's suicidal tendencies or prevent their suicide.
• FAY v. S. Colonie Cent. Sch. Dist.
  802 F.2d 21· 2d Cir.· 1986-09-24 ·cited 30×
  The court held that the school district is not entitled to Eleventh Amendment immunity, that prior state proceedings did not preclude Fay's damages claims, and that the district court properly dismissed Fay's constitutional claims against the Commissioner.
• Minotti v. Lensink
  798 F.2d 607· 2d Cir.· 1986-08-19 ·cited 30×
  The court held that Connecticut's statute, as interpreted by its state supreme court, does not unequivocally waive the state's Eleventh Amendment immunity to suit in federal court.
• Horn v. Kean
  796 F.2d 668· 3d Cir.· 1986-07-16 ·cited 30×
  The court should reverse the district court's dismissal of the First Amendment claims, as the distinction between government servants and independent contractors is irrelevant to First Amendment protections against compelled political association and expression. The state's inter
• Lywanna Cooper v. City OF N. Olmsted
  795 F.2d 1265· 6th Cir.· 1986-07-16 ·cited 30×
  The court held that a prior state court decision denying unemployment benefits based on 'just cause' for discharge does not collaterally estop a subsequent federal discrimination claim, as the issues are not identical. The court also reversed a finding of retaliatory discharge du
• Shaw v. State OF Cal. Dep't OF Alcoholic Bev. Control
  788 F.2d 600· 9th Cir.· 1986-04-28 ·cited 30×
  The Eleventh Amendment and claim preclusion bar suits against state agencies and officials for damages, but not prospective injunctive relief. Issue preclusion does not apply to claims against municipal defendants when the initial tribunal lacked jurisdiction to directly decide t