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

• Kershner v. Mazurkiewicz
  670 F.2d 440· 3d Cir.· 1982-02-01 ·cited 104×
  The court held that 28 U.S.C. § 1292(a)(1) should be construed narrowly, limiting appellate jurisdiction to review only independently appealable orders, not ancillary ones.
• Patsy v. Fla. Int'l Univ.
  634 F.2d 900· 5th Cir.· 1981-01-22 ·cited 104×
  The court held that exhaustion of adequate state administrative remedies can be a prerequisite to filing a section 1983 suit, departing from a strict no-exhaustion rule.
• Leonhard v. The United States
  633 F.2d 599· 2d Cir.· 1980-08-28 ·cited 104×
  The court held that it had appellate jurisdiction and that the district court properly dismissed all claims, including those barred by the statute of limitations and res judicata.
• Guajardo v. Estelle
  580 F.2d 748· 5th Cir.· 1978-09-20 ·cited 104×
  The court held that the TDC's prior approval requirement for general correspondence and numerical limitations on mail were unconstitutional, but upheld censorship of general correspondence and struck down the district court's invalidation of rules regarding plans for rule violati
• Boston Chapter v. Beecher
  504 F.2d 1017· 1st Cir.· 1974-09-18 ·cited 104×
  A civil service examination with a racially disproportionate impact must be substantially related to job performance; if not, the employer must justify its use, and color-conscious relief is permissible to remedy past discrimination.
• Harrius Johnson v. Miami Dade Cnty.
  948 F.3d 1318· 11th Cir.· 2020-01-30 ·cited 103×
  The court held that the district court must reevaluate comparator evidence under a new standard and affirmed summary judgment on certain retaliation claims while vacating and remanding others.
• Mathas Brown v. City OF Fort Lauderdale
  923 F.2d 1474· 11th Cir.· 1991-02-19 ·cited 103×
  The court held that the plaintiff's allegations were sufficient to withstand a motion to dismiss for claims against the individual defendants based on qualified immunity and against the City for municipal liability under § 1983, and that § 1983 provides the exclusive remedy for §
• Gamble v. The Fla. Dep't OF Health & Rehabilitative Servs.
  779 F.2d 1509· 11th Cir.· 1986-01-14 ·cited 103×
  Florida has not waived its Eleventh Amendment immunity to suit in federal court for damages under 42 U.S.C. § 1983, as its statutory waivers are limited to traditional tort claims or indemnification of officers sued in their individual capacities.
• McKINLEY v. City OF Eloy
  705 F.2d 1110· 9th Cir.· 1983-05-09 ·cited 103×
  The court held that a probationary public employee's speech on matters of public concern is protected by the First Amendment, and dismissal based on such speech, even without a property interest in the job, entitles the employee to reinstatement and damages.
• Jenkins v. Averett
  424 F.2d 1228· 4th Cir.· 1970-04-20 ·cited 103×
  The court held that the award in damages was inadequate and should be reassessed, but the dissenting judge argued that 42 U.S.C. § 1983 was not a proper basis for recovery in this negligence case.
• Greason v. Kemp
  891 F.2d 829· 11th Cir.· 1990-01-09 ·cited 102×
  The court held that the defendants are immune from damages because the law was not clearly established in 1985 that discontinuing psychotropic drugs under the given circumstances amounted to deliberate indifference violating the Eighth Amendment.
• Wsb-Tv v. LEE
  842 F.2d 1266· 11th Cir.· 1988-04-22 ·cited 102×
  The court held that summary judgment was improperly granted because the plaintiffs had not had adequate opportunity for discovery and there were genuine issues of material fact regarding the sheriff's motivation and actions under color of state law.
• Wolf-Lillie v. Sonquist
  699 F.2d 864· 7th Cir.· 1983-01-31 ·cited 102×
  The court held that the sheriff, in his official capacity, was liable for damages resulting from the execution of an outdated writ of restitution due to a pervasive custom of executing stale writs. The court also held that the Parratt v. Taylor doctrine did not bar claims for sub
• Bonner v. Coughlin
  517 F.2d 1311· 7th Cir.· 1975-06-02 ·cited 102×
  A prisoner retains some Fourth Amendment protection against unreasonable searches and seizures, and the loss of legal materials can violate the right of access to courts, requiring a trial on the merits.
• Gomez v. Fla. State Emp. Serv.
  417 F.2d 569· 5th Cir.· 1969-10-09 ·cited 102×
  Migratory farm workers have implied rights and remedies under the Wagner-Peyser Act and its regulations, and can sue under 42 U.S.C. § 1983 for violations of these rights.
• Stewart v. Baldwin Cnty. Bd. OF Educ.
  908 F.2d 1499· 11th Cir.· 1990-08-15 ·cited 101×
• Haygood v. Evelle J. Younger
  769 F.2d 1350· 9th Cir.· 1985-08-27 ·cited 101×
  A prisoner's claim for damages due to unlawful detention resulting from established state policy or practice, rather than a random unauthorized act, states a valid § 1983 claim for denial of liberty without due process, subject to qualified immunity defenses.
• Black v. Stephens
  662 F.2d 181· 3d Cir.· 1981-09-28 ·cited 101×
  The court held that there was sufficient evidence to sustain the jury's findings of liability and damages against the police detective, police chief, and city for constitutional violations under section 1983, and that no errors occurred requiring a new trial.
• Kennedy Park Homes Ass'n, Inc. v. City OF Lackawanna
  436 F.2d 108· 2d Cir.· 1970-12-07 ·cited 101×
  The court held that the City of Lackawanna's actions, including rezoning and imposing a moratorium, were motivated by racial discrimination and violated the Fourteenth Amendment and civil rights statutes.
• Arlington Leon Brown v. Sgt. Chris Hughes
  894 F.2d 1533· 11th Cir.· 1990-03-01 ·cited 100×
  The court held that a genuine issue of material fact existed regarding whether a prison official was deliberately indifferent to an inmate's serious medical needs, and that a claim for destruction of property should have been allowed to proceed.
• Meade v. Grubbs
  841 F.2d 1512· 10th Cir.· 1988-03-11 ·cited 100×
  The court held that the district court abused its discretion by dismissing the case for violation of a local rule and that the plaintiff's allegations sufficiently stated a claim for excessive force under 42 U.S.C. § 1983. However, state officials sued in their official capacitie
• Jack A. Braley, D.O. v. Garland Campbell, M.D.
  832 F.2d 1504· 10th Cir.· 1987-11-09 ·cited 100×
  The dissenting judge believes the court should have ordered the attorney to show cause why sanctions should not be imposed and granted the appellees the right to respond.
• Cullen v. Margiotta
  811 F.2d 698· 2d Cir.· 1987-02-02 ·cited 100×
  The court held that the tolling principle in American Pipe & Construction Co. v. Utah should not apply to toll the statute of limitations on plaintiffs' section 1983 and RICO claims because the state court action did not provide sufficient notice of the federal claims.
• Bonitz v. Fair
  804 F.2d 164· 1st Cir.· 1986-11-03 ·cited 100×
  The court held that an appellate court may review a district court's factually-based determinations on an interlocutory 'qualified immunity' appeal in appropriate cases.
• Sullivan v. Sch. Bd. OF Pinellas Cnty. & Gus Sakkis
  773 F.2d 1182· 11th Cir.· 1985-10-15 ·cited 100×
  The court held that while the plaintiff's claims were not frivolous on their merits, the district court correctly ruled against her on the Title VII and § 1983 claims and denied her jury trial demand.
• Bowers v. Robert A. DeVITO, M.D.
  686 F.2d 616· 7th Cir.· 1982-08-20 ·cited 100×
  The court should not have dispensed with oral argument and summary judgment was inappropriate.
• Baskin v. Parker
  602 F.2d 1205· 5th Cir.· 1979-09-24 ·cited 100×
  The court held that Section 1983 does not preclude the incorporation of state law remedies, including vicarious liability, for the deprivation of civil rights.
• Dombrowski v. Dowling
  459 F.2d 190· 7th Cir.· 1972-04-07 ·cited 100×
  The court held that arbitrary business discrimination against lawyers practicing criminal law does not violate 42 U.S.C. § 1985(3) without state involvement, and that a single business entity's collective decision does not constitute a conspiracy under that statute. The court als
• Robichaud v. Ronan
  351 F.2d 533· 9th Cir.· 1965-10-08 ·cited 100×
  A prosecuting attorney is not immune from liability under 42 U.S.C. § 1983 when acting outside their quasi-judicial capacity, such as in an investigative or police-like role.
• Wahl v. McIVER
  773 F.2d 1169· 11th Cir.· 1985-10-15 ·cited 98×
  The court held that judges and prosecutors are immune from civil liability for their official acts, and that inmate claims for injunctive relief are moot upon transfer. The court also affirmed the dismissal of claims against the public defender and found no abuse of discretion in
• Camby v. Davis
  718 F.2d 198· 4th Cir.· 1983-10-03 ·cited 98×·via 42 U.S.C. § 1983 Action
  A district court is not required to provide an explanation when adopting a magistrate's unopposed findings and recommendations on a dispositive motion.
• DOE v. NEW York City Dep't OF Soc. Servs.
  649 F.2d 134· 2d Cir.· 1981-05-13 ·cited 98×
  The dissenting judge argues that the trial court's jury charge was proper when viewed as a whole and that other alleged errors do not warrant reversal.
• Chabad Chayil, Inc. v. The Sch. Bd. of Miami-Dade Cnty. Fla.
  48 F.4th 1222· 11th Cir.· 2022-09-08 ·cited 97×
  The Eleventh Circuit affirmed the district court's dismissal, holding that the plaintiff failed to sufficiently allege municipal liability under Monell because the superintendent lacked final policymaking authority and that the plaintiff failed to establish an official policy or
• Henley v. Payne
  945 F.3d 1320· 11th Cir.· 2019-12-30 ·cited 97×
  The Eleventh Circuit held that Heck v. Humphrey does not bar a § 1983 false arrest claim when the underlying criminal charge was dismissed, not invalidated, and does not share common elements with unrelated convictions. The court also found that a false imprisonment claim can lie
• Spence v. Zimmerman
  873 F.2d 256· 11th Cir.· 1989-05-17 ·cited 97×
  The court held that the Spences failed to establish a property interest in a Temporary Certificate of Occupancy (TCO) and that the City's actions regarding the building permit did not violate substantive due process or equal protection rights.
• Luisa A. DE Abadia v. Hon. Luis Izquierdo Mora
  792 F.2d 1187· 1st Cir.· 1986-05-27 ·cited 97×
  Defendants are entitled to qualified immunity because they could have reasonably believed the law was not clearly established against their actions at the time of the demotion.
• Rutledge v. Ariz. Bd. OF Regents
  660 F.2d 1345· 9th Cir.· 1981-11-12 ·cited 97×
  The court held that the Eleventh Amendment bars suits against the Arizona Board of Regents and ASU, but not against individual officials for common law torts. Claims under 42 U.S.C. § 1983 for assault and battery are barred by Parratt v. Taylor's due process analysis, and other c
• Miller v. Carson
  563 F.2d 741· 5th Cir.· 1977-11-23 ·cited 97×
• Lloyd v. The Reg'l Transp. Auth. & the Chicago Transit Auth.
  548 F.2d 1277· 7th Cir.· 1977-01-18 ·cited 97×
  Section 504 of the Rehabilitation Act of 1973, when considered with implementing regulations and executive orders, confers affirmative rights and implies a private cause of action for handicapped individuals to sue for accessibility in federally funded programs.
• Wolin v. Port OF NEW York Auth.
  392 F.2d 83· 2d Cir.· 1968-03-01 ·cited 97×
  The Port Authority may not absolutely prohibit political expression in its bus terminal, as the terminal is a public forum. Peaceful activities like distributing leaflets, carrying placards, and engaging in discussions are protected by the First Amendment and can only be restrict
• Waseem Daker v. Ward
  999 F.3d 1300· 11th Cir.· 2021-06-07 ·cited 96×
  Waseem Daker, a prisoner serving a life sentence who has filed hundreds of frivolous lawsuits in federal court, appealed the dismissal of his civil rights complaint alleging that Georgia prison officials violated his constitutional rights and religious freedom by forcibly shaving
• Bennett v. Garrison A. Parker
  898 F.2d 1530· 11th Cir.· 1990-04-25 ·cited 96×
  Denial of a motion for summary judgment based on qualified immunity is an appealable final decision under 28 U.S.C. § 1291 to the extent it turns on an issue of law, regardless of factual disputes.
• Depew v. City OF ST. Marys
  787 F.2d 1496· 11th Cir.· 1986-04-28 ·cited 96×
  The court held that the evidence was sufficient to support the jury's verdict finding the city liable under section 1983 for a custom or policy of police misconduct, and that the existence of adequate state remedies does not bar such a claim when constitutional rights are violate
• Barnett v. The Hous. Auth. OF the City OF Atlanta
  707 F.2d 1571· 11th Cir.· 1983-06-27 ·cited 96×
  The court held that the Atlanta Housing Authority violated Robert Barnett's due process rights by terminating him without cause and without a proper post-termination hearing, and that the Authority waived its claim of immunity from punitive damages due to procedural default.
• Pushkin v. The Regents OF the Univ. OF Colo.
  658 F.2d 1372· 10th Cir.· 1981-09-04 ·cited 96×
  A private right of action exists under Section 504 of the Rehabilitation Act of 1973, and plaintiffs are not required to exhaust administrative remedies before filing suit.
• Holmes v. NEW York City Hous. Auth.
  398 F.2d 262· 2d Cir.· 1968-07-18 ·cited 96×
  The court held that the complaint stated a federal claim under 42 U.S.C. § 1983 and the Fourteenth Amendment, and that the district court correctly refused to abstain from exercising its jurisdiction.
• Hearn v. The City OF Gainesville & Richard C. Corriveau
  688 F.2d 1328· 11th Cir.· 1982-10-12 ·cited 95×
  The court held that while the employee had a property interest in his job and the supervisor's actions constituted a due process violation, the city was not liable because the supervisor's actions did not represent official policy and the city commission exercised final authority
• Creative Environments, Inc. v. Estabrook
  680 F.2d 822· 1st Cir.· 1982-05-06 ·cited 95×
  The court held that the plaintiffs failed to demonstrate a genuine issue of material fact regarding constitutional violations, and thus summary judgment for the defendants was appropriate.
• Bowen v. Watkins
  669 F.2d 979· 5th Cir.· 1982-03-08 ·cited 95×
  The court held that the Chief of Police's decision not to promote plaintiffs was substantially motivated by their protected speech and filing of a lawsuit, but affirmed the trial court's finding for other individual defendants. The case is remanded for further determination on wh
• Withers v. Levine
  615 F.2d 158· 4th Cir.· 1980-02-05 ·cited 95×·via 42 U.S.C. § 1983 Action
  Prison officials have a constitutional duty under § 1983 to exercise reasonable care to protect inmates from pervasive risks of harm, and negligence in performing this duty can be actionable.