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

• RAY v. Mabry
  556 F.2d 881· 8th Cir.· 1977-06-09 ·cited 27×
  The court held that an inmate's allegations of being compelled to perform physical labor beyond his capabilities, under threat of abuse and excessive hours, state a claim for cruel and unusual punishment under the Eighth Amendment, and thus the complaint should not have been dism
• Gilliard v. Oswald
  552 F.2d 456· 2d Cir.· 1977-03-16 ·cited 27×
  The dissenting judge would affirm the trial court's judgment, arguing the majority engaged in improper appellate fact-finding and misapplied due process precedents regarding inmate confinement.
• Harris v. Chanclor
  537 F.2d 203· 5th Cir.· 1976-08-19 ·cited 27×
  The court held that any error in jury instructions regarding Moore's liability for negligence was harmless, and that Chanclor was not entitled to a new trial due to alleged prejudicial questioning.
• Melara v. Kennedy
  541 F.2d 802· 9th Cir.· 1976-08-02 ·cited 27×
  The court held that a warehouseman's extra-judicial sale of stored goods to enforce a lien under California Commercial Code § 7210 does not constitute state action, and therefore does not violate the owner's due process rights under 42 U.S.C. § 1983.
• Brubaker v. Bd. OF Educ.
  502 F.2d 973· 7th Cir.· 1974-07-31 ·cited 27×
• Rev. B. Elton COX v. State OF La.
  348 F.2d 750· 5th Cir.· 1965-06-29 ·cited 27×
• Khoury v. The Miami-Dade Cnty. Sch. Bd.
  4 F.4th 1118· 11th Cir.· 2021-07-07 ·cited 26×
  The court held that the district court erred in granting summary judgment to Officer Williams on the false arrest and First Amendment retaliation claims because disputed facts regarding probable cause and the officer's actions precluded qualified immunity. Summary judgment for th
• Evett L. Simmons v. Ric Bradshaw
  879 F.3d 1157· 11th Cir.· 2018-01-10 ·cited 26×
  Dontrell Stephens was shot four times by Deputy Sheriff Adams Lin during a traffic stop in September 2013, resulting in permanent paralysis. A jury awarded Stephens $23,148,100 in damages for excessive force. The Eleventh Circuit affirmed summary judgment dismissing Stephens' Mon
• City OF Pompano Beach v. Yardarm Rest., Inc.
  641 So. 2d 1377· Fla. 4th DCA· 1994-09-09 ·cited 26×
  Yardarm Restaurant sued the City of Pompano Beach for inverse condemnation, alleging the city's obstructionist permitting practices from 1974 to 1985 constituted an unlawful taking of its property. The trial court found a permanent taking based on the city's improper interference
• Coral Constr. Co. v. King Cnty.
  941 F.2d 910· 9th Cir.· 1991-08-08 ·cited 26×
  The court held that a minority set-aside program requires a proper statistical foundation to demonstrate a compelling governmental interest, and post-enactment studies can be considered but must allow for rebuttal by the challenging party.
• Derrell E. Upton v. Bernie C. Thompson
  930 F.2d 1209· 7th Cir.· 1991-04-22 ·cited 26×
  The court held that at the time of the deputies' firings, it was not clearly established that they were protected from patronage dismissals, and political considerations are appropriate for determining qualifications for deputy sheriff positions.
• Floyd v. Laws
  929 F.2d 1390· 9th Cir.· 1991-03-20 ·cited 26×
  The court held that a jury instruction on qualified immunity was not an abuse of discretion, and that a jury's answer to a verdict question, given in violation of explicit instructions, is surplusage and must be disregarded.
• Colon v. Lieutenant Bruce Schneider
  899 F.2d 660· 7th Cir.· 1990-04-12 ·cited 26×
  The court held that Wisconsin administrative regulations governing the use of mace do not create a federally protected liberty interest for inmates, and therefore, the inmate's due process claim fails.
• Delwood C. Collins v. Marina-Martinez
  894 F.2d 474· 1st Cir.· 1990-01-24 ·cited 26×
  A university administrator's actions in terminating a tenured professor without adequate notice and a meaningful opportunity to be heard violate procedural due process, and qualified immunity does not shield the administrator from liability when the right to due process was clear
• Reather Reynolds v. City OF Little Rock
  893 F.2d 1004· 8th Cir.· 1990-01-12 ·cited 26×
  The court held that the Equal Protection Clause prohibits governmental litigants from using peremptory challenges to exclude jurors based on race in civil cases, and that the City's refusal to justify its strikes required vacating the judgment for a Batson hearing.
• Landstrom v. Ill. Dep't OF Child. & Fam. Servs.
  892 F.2d 670· 7th Cir.· 1990-01-09 ·cited 26×
  The court held that the individual defendants were entitled to qualified immunity from the plaintiffs' § 1983 claims because the alleged conduct did not violate clearly established constitutional rights, and the pendent state law claims were properly dismissed.
• Thornton v. Barnes
  890 F.2d 1380· 7th Cir.· 1989-12-04 ·cited 26×
  The court held that a policy-making public office, even if unpaid, is not 'property' protected by the Due Process Clause, and federal courts should not interpret state law or constitutional issues unnecessarily.
• DeSISTO Coll., Inc. v. Line
  888 F.2d 755· 11th Cir.· 1989-11-15 ·cited 26×
  The court held that the district court did not err in imposing Rule 11 sanctions on counsel for failing to comply with court orders regarding pleading structure and for pursuing claims against defendants with clear legislative immunity under circuit precedent.
• Browning v. Navarro
  887 F.2d 553· 5th Cir.· 1989-10-23 ·cited 26×
  The court held that res judicata bars Holloway's claim that the state court judgment was fraudulent, as it could have been raised in a prior federal action. The court also found the clean hands doctrine did not provide a basis to vacate the judgment.
• Young v. Kenny
  907 F.2d 874· 9th Cir.· 1989-10-11 ·cited 26×
  A federal court must stay a prisoner's 42 U.S.C. § 1983 claim challenging the duration of confinement, rather than dismiss it, to allow exhaustion of state remedies via habeas corpus.
• Ellis D. Burrell v. Newsome
  883 F.2d 416· 5th Cir.· 1989-09-19 ·cited 26×
  The court held that the plaintiff's appeal was timely filed and that some of his claims were not barred by the statute of limitations due to Texas' prisoner tolling provisions.
• Gwin v. Snow
  870 F.2d 616· 11th Cir.· 1989-04-19 ·cited 26×
  The court held that Gwin's equal protection claims challenging the Board's parole procedures and denial of compassionate leave are properly brought under section 1983 and do not require exhaustion of state remedies, reversing the district court's dismissal of these claims.
• Bateson v. Geisse
  857 F.2d 1300· 9th Cir.· 1988-09-20 ·cited 26×
  The City Council's arbitrary withholding of a building permit, after all requirements were met, violated the developer's substantive due process rights and constituted official policy, making the City and council members liable. The court also affirmed the dismissal of procedural
• Kauth v. Hartford Ins. Co. OF Ill.
  852 F.2d 951· 7th Cir.· 1988-07-19 ·cited 26×
  The court held that a plaintiff alleging deprivation of a state-created property interest without a violation of other substantive constitutional rights, and without alleging inadequacy of state remedies, has not stated a substantive due process claim. The court also held that se
• Wood v. Ostrander
  851 F.2d 1212· 9th Cir.· 1988-07-13 ·cited 26×
  The court held that the district court properly granted summary judgment because no special relationship was created and the officer was entitled to qualified immunity.
• Boswell v. The Cnty. OF Sherburne
  849 F.2d 1117· 8th Cir.· 1988-06-21 ·cited 26×
  Government officials are not entitled to qualified immunity if their conduct violates clearly established constitutional rights, even if the specific factual scenario is not identical to prior precedent.
• Hodorowski v. RAY
  844 F.2d 1210· 5th Cir.· 1988-05-18 ·cited 26×
  Texas child protective service workers are entitled to qualified immunity for their decision to remove children from a home without a prior court order, as their actions were objectively reasonable under the circumstances and did not violate clearly established law.
• Vosburg v. Solem
  845 F.2d 763· 8th Cir.· 1988-04-27 ·cited 26×
  The Eighth Circuit affirmed the jury's verdict awarding the plaintiff $10,000 on his section 1983 claim, finding sufficient evidence that prison officials acted with reckless disregard of the plaintiff's right to protection from sexual assault. The court also affirmed the award o
• Richardson v. Chuck Penfold and Edward Dyer
  839 F.2d 392· 7th Cir.· 1988-02-24 ·cited 26×
  The court held that the inmate presented sufficient evidence to create a genuine issue of material fact regarding the prison official's deliberate indifference to his safety, precluding summary judgment.
• Davis v. Holly
  835 F.2d 1175· 6th Cir.· 1987-12-30 ·cited 26×
  Qualified immunity does not shield defendants from suit for gross negligence and recklessness regarding patient safety.
• Khabir Ramzi Hadi v. Horn
  830 F.2d 779· 7th Cir.· 1987-10-02 ·cited 26×
  The court held that occasional cancellations of Muslim prayer services due to the absence of a chaplain or scheduling conflicts with recreational activities did not violate inmates' First Amendment rights, especially when alternative religious opportunities existed and security c
• Ostlund v. Bobb
  825 F.2d 1371· 9th Cir.· 1987-08-21 ·cited 26×
  The court held that the City violated the plaintiff's due process rights by failing to provide a hearing regarding his disability retirement benefits, and that the officials were not entitled to qualified immunity.
• Lavarita D. Meriwether v. Faulkner
  821 F.2d 408· 7th Cir.· 1987-06-04 ·cited 26×
  The court held that the plaintiff stated a valid claim under the Eighth Amendment for deliberate indifference to serious medical needs and that her conditions of confinement claim was prematurely dismissed.
• Quintana v. Anselmi
  817 F.2d 891· 1st Cir.· 1987-04-24 ·cited 26×
  The dissenting judge disagrees with the majority's characterization of the appellee's job functions as policy-making, confidential, or official communicative tasks, and questions the interlocutory appellate jurisdiction.
• Pace Res., Inc. v. Shrewsbury Twp.
  808 F.2d 1023· 3d Cir.· 1987-01-12 ·cited 26×
  The court held that Pace's allegations did not state a claim for a taking under the Fifth Amendment or a violation of substantive due process, and that no additional federal relief was available.
• Shah v. Cnty. OF LOS Angeles
  797 F.2d 743· 9th Cir.· 1986-08-15 ·cited 26×
  The court held that a claim for substantive due process violation is not barred by the availability of state remedies, and that a municipal liability claim based on alleged policy or custom cannot be dismissed on the pleadings alone.
• Wilborn v. Escalderon
  789 F.2d 1328· 9th Cir.· 1986-07-03 ·cited 26×
  The court held that an order denying a request for counsel under 28 U.S.C. § 1915(d) is not immediately appealable, but the district court should have granted leave to amend the complaint to add a defendant and conduct discovery.
• Constantine John Gekas v. Attorney Registration & Disciplinary Comm'n OF the Supreme Court OF Ill. & Carl H. Rolewick
  793 F.2d 846· 7th Cir.· 1986-06-12 ·cited 26×
  The court held that Gekas was a prevailing party entitled to attorney's fees under 42 U.S.C. § 1988, but vacated the fee award due to inadequate explanation and remanded for recalculation.
• Early Johnson v. Sgt. J. Williams
  788 F.2d 1319· 8th Cir.· 1986-04-15 ·cited 26×
  The court held that the district court abused its discretion in denying the inmate's motions for appointment of counsel, as the complexity of the legal issues, the inmate's ability to present his case, and the conflicting evidence warranted legal assistance.
• Grotta v. State OF R.I.
  781 F.2d 343· 1st Cir.· 1986-01-17 ·cited 26×
  A state that waives its Eleventh Amendment immunity is a "person" suable under 42 U.S.C. § 1983, but liability requires proof of a state policy or custom causing the deprivation, not just respondeat superior.
• The City OF Miami v. Harris
  490 So. 2d 69· Fla. 3d DCA· 1985-12-17 ·cited 26×
  The City of Miami appealed a jury verdict finding it liable under 42 U.S.C. § 1983 for a municipal policy regarding high-speed police pursuits that resulted in the death of an innocent bystander, Mrs. Doretha Rolle, when police rammed a suspect's vehicle into a bus bench. The cou
• Technicable Video Sys., Inc. v. Americable OF Greater Miami, Ltd.
  479 So. 2d 810· Fla. 3d DCA· 1985-12-10 ·cited 26×
  Technicable, a minority-owned business, appealed the dismissal of its complaint alleging breach of a cable television license's minority business enterprise (MBE) participation requirements. The court reversed the dismissal of the third-party beneficiary claim while affirming the
• Boals v. Gray
  775 F.2d 686· 6th Cir.· 1985-10-22 ·cited 26×
  The court agrees that the initial three-day suspension was de minimis and did not warrant due process consideration, but the additional two-day suspension requires further review.
• Miranda v. Munoz
  770 F.2d 255· 1st Cir.· 1985-08-27 ·cited 26×
  The court held that the district court properly denied judgment n.o.v. for three defendants but erred in granting directed verdicts for four supervisory officials, requiring a new trial for those officials.
• Mother Goose Nursery Schs., Inc. v. Sendak
  770 F.2d 668· 7th Cir.· 1985-08-14 ·cited 26×
  The Attorney General is absolutely immune from damages liability under 42 U.S.C. § 1983 when acting in a quasi-judicial capacity to review state contracts for legality and form. Therefore, the district court's award of damages and attorney fees against the Attorney General is rev
• Stewart v. Lubbock Cnty.
  767 F.2d 153· 5th Cir.· 1985-08-05 ·cited 26×
  The court held that the plaintiffs' claims for injunctive relief should have been dismissed for lack of federal jurisdiction due to insufficient Article III standing, as past wrongs do not establish a real and immediate threat of future injury.
• McLAURIN v. Josef E. Fischer
  768 F.2d 98· 6th Cir.· 1985-07-17 ·cited 26×
  The court held that the district court erred in directing a verdict on the due process claim because a reasonable juror could find a property interest existed, but properly limited evidence and did not abuse discretion in dismissing state law claims.
• Rymer v. Douglas Cnty.
  764 F.2d 796· 11th Cir.· 1985-07-02 ·cited 26×
  The court held that the plaintiffs failed to state a claim under 42 U.S.C. § 1983 for a Fifth Amendment taking, substantive due process violation, or procedural due process violation.
• Adams v. Grainger W. McILHANY
  764 F.2d 294· 5th Cir.· 1985-06-27 ·cited 26×
  A judge is absolutely immune from liability for judicial acts performed within their jurisdiction, even if those acts are malicious or procedurally flawed. Claims for injunctive and declaratory relief require a live case or controversy, which is absent when the plaintiff has alre
• Bell v. The Little AXE Indep. Sch. Dist. NO. 70 OF Cleveland Cnty.
  766 F.2d 1391· 10th Cir.· 1985-06-26 ·cited 26×
  The court held that plaintiffs must prove actual damages resulting from the deprivation of their First Amendment rights, and absent such proof, they are entitled to nominal damages only.