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

• Lolita Parker v. Williams
  862 F.2d 1471· 11th Cir.· 1989-01-11 ·cited 94×
  The court held that the district court erred in applying collateral estoppel to prevent litigation of the rape's occurrence and that the sheriff and county are immune from state tort liability. However, the county may be liable under § 1983 for the sheriff's hiring policy.
• Kennedy v. City OF Cleveland
  797 F.2d 297· 6th Cir.· 1986-07-30 ·cited 94×
  The right to an immediate interlocutory appeal of a denial of qualified immunity is conditioned upon timely filing of a notice of appeal and can be waived by noncompliance with reasonable temporal limitations set by the district court.
• Josephina Duchesne as Administratrix of the Estate of Pauline Perez v. Jule M. Sugarman
  566 F.2d 817· 2d Cir.· 1977-09-28 ·cited 94×
  The court held that the prolonged retention of children without parental consent or prompt judicial ratification, despite repeated requests for their return, violated the mother's and children's due process rights.
• Brown v. Culpepper
  559 F.2d 274· 5th Cir.· 1977-09-16 ·cited 94×
  The court held that plaintiffs were prevailing parties entitled to attorneys' fees under 42 U.S.C. § 1988, regardless of whether defendants' misconduct was negligent or intentional.
• McLAUGHLIN v. Tilendis
  398 F.2d 287· 7th Cir.· 1968-06-12 ·cited 94×
  The court held that probationary teachers have First Amendment rights to associate with a union, and their dismissal for such association states a claim under Section 1983, despite the lower court's finding of no jurisdiction.
• Baker v. City of Madison
  67 F.4th 1268· 11th Cir.· 2023-05-03 ·cited 93×
  The Eleventh Circuit held that the district court properly considered body camera footage at the motion-to-dismiss stage under the incorporation-by-reference doctrine and correctly granted qualified immunity to the officer, finding no violation of clearly established constitution
• DeMartini v. Town of Gulf Stream
  942 F.3d 1277· 11th Cir.· 2019-11-21 ·cited 93×
  Denise DeMartini, a director of Citizens Awareness Foundation (CAFI), filed a federal lawsuit claiming the Town of Gulf Stream violated her First Amendment rights by retaliating against her with a civil RICO lawsuit in response to CAFI's filing of thousands of public records requ
• Coy Ray Campbell v. Beto
  460 F.2d 765· 5th Cir.· 1972-04-18 ·cited 93×
  The court held that the district court erred in refusing to docket the prisoner's suit, dismissing it without an opportunity for evidence, and denying an in forma pauperis appeal.
• Stringer v. Dilger
  313 F.2d 536· 10th Cir.· 1963-01-15 ·cited 93×
  The court held that the plaintiff presented a submissible case for civil rights violations under 42 U.S.C. § 1983, and the trial court erred in granting judgment notwithstanding the verdict on the first cause of action.
• The Cone Corp. v. Fla. Dep't OF Transp.
  921 F.2d 1190· 11th Cir.· 1991-01-08 ·cited 92×
  The appellate court held that the plaintiffs lacked standing to bring their claims, vacating the district court's order and directing dismissal.
• L.R. Bretz v. Zollie Kelman
  773 F.2d 1026· 9th Cir.· 1985-10-08 ·cited 92×
  The court held that a conspiracy to falsely prosecute, if proven, constitutes a deprivation of liberty under color of law, making the Parratt v. Taylor doctrine of post-deprivation remedies inapplicable. The court also held that claims under 42 U.S.C. § 1985(2) and (3) require an
• LEE v. City OF Peoria
  685 F.2d 196· 7th Cir.· 1982-08-06 ·cited 92×
  A federal civil rights suit alleging racial discrimination in employment is barred by res judicata if the plaintiff had a full and fair opportunity to litigate the issue in prior state administrative and judicial proceedings.
• Sparks v. Duval Cnty. Ranch Co., Inc.
  604 F.2d 976· 5th Cir.· 1979-10-22 ·cited 92×
  Private citizens who conspire with a state judge are not entitled to derivative judicial immunity and can be held liable under 42 U.S.C. § 1983, even if the judge is immune from suit.
• Iranian Students Ass'n v. Edwards
  604 F.2d 352· 5th Cir.· 1979-10-09 ·cited 92×
  Plaintiffs who obtain relief through a consent decree in a § 1983 action are prevailing parties entitled to attorney's fees under § 1988.
• Sargeant v. Sharp
  579 F.2d 645· 1st Cir.· 1978-05-16 ·cited 92×
  The court held that the trial court abused its discretion by denying attorney fees without a proper hearing or adequate statement of reasons, and remanded for reconsideration.
• Tuley v. Heyd
  482 F.2d 590· 5th Cir.· 1973-08-03 ·cited 92×
  The court held that the district court erred in granting summary judgment because the factual record was insufficiently developed and the dismissal should have been without prejudice to allow amendment.
• Sears v. Vernia Roberts
  922 F.3d 1199· 11th Cir.· 2019-04-24 ·cited 91×
  The court held that the district court erred in granting summary judgment by misinterpreting precedent and failing to view evidence in the light most favorable to the non-moving party.
• Scarlett McDaniel Barts v. Joyner
  865 F.2d 1187· 11th Cir.· 1989-01-27 ·cited 91×
  The court held that the officers were entitled to qualified immunity because their conduct did not violate clearly established constitutional rights, but the judgment against them in their official capacities stands.
• Everett v. Napper
  833 F.2d 1507· 11th Cir.· 1987-12-15 ·cited 91×
  The court held that a firefighter's refusal to submit to a urinalysis based on reasonable suspicion did not violate the Fourth Amendment, but the suspension without pay prior to a hearing did violate procedural due process.
• Parrett v. City OF Connersville
  737 F.2d 690· 7th Cir.· 1984-06-21 ·cited 91×
  The court held that while a collective bargaining agreement's grievance procedure can satisfy due process, it failed to do so in this case due to administrative delays and limitations, and that defendants waived their right to appeal errors in jury instructions by failing to obje
• Gresham Park Cmty. Org. v. Howell
  652 F.2d 1227· 5th Cir.· 1981-08-10 ·cited 91×
  The court held that abstention under Younger v. Harris was appropriate, requiring dismissal of the federal suit seeking to enjoin state court proceedings, even though the state court's injunction was immediately enforceable and created state action.
• Braden v. The Univ. OF Pittsburgh & Wesley W. Posvar
  552 F.2d 948· 3d Cir.· 1977-03-11 ·cited 91×
  A district court may vacate and reenter its certification order to allow a timely interlocutory appeal when neither party had notice due to court error, the prevailing party is not prejudiced, and the losing parties acted promptly upon learning of the order. The court also held t
• Rivera v. Allin
  144 F.3d 719· 11th Cir.· 1998-06-23 ·cited 90×
  The Eleventh Circuit affirmed the district court's dismissal, holding that the "three strikes" provision of 28 U.S.C. § 1915(g) is constitutional. The court found no violations of the First Amendment right to access the courts, the separation of powers doctrine, the Fifth Amendme
• Ness v. Marshall
  660 F.2d 517· 3d Cir.· 1981-09-28 ·cited 90×
  Party affiliation is an appropriate requirement for the effective performance of city solicitor duties, allowing for dismissal on that basis.
• Singleton v. City OF NEW York
  632 F.2d 185· 2d Cir.· 1980-09-25 ·cited 90×
  A dismissal of criminal charges after an adjournment in contemplation of dismissal constitutes a favorable termination for purposes of a federal civil rights claim, and all claims arising from a single transaction should not be barred by state statutes of limitation.
• Bond v. Stanton
  630 F.2d 1231· 7th Cir.· 1980-09-19 ·cited 90×
  Prevailing plaintiffs are entitled to attorney's fees for appellate work on the merits and for time spent litigating their entitlement to fees under the Civil Rights Attorney's Fees Awards Act.
• Glenn v. Newman
  614 F.2d 467· 5th Cir.· 1980-03-24 ·cited 90×
  The court held that while the pretermination procedures were constitutionally deficient, the subsequent post-termination hearing cured the due process violation. However, the plaintiff is entitled to backpay for the period between dismissal and the post-termination hearing.
• Skehan v. Bd. OF Trs. OF Bloomsburg State Coll. & Dr. Robert Nossen & Dr. Charles Carlson & John Pittenger
  590 F.2d 470· 3d Cir.· 1978-12-21 ·cited 90×
  The court held that the district court did not abuse its discretion in denying Skehan's motion to take additional testimony on his First Amendment claim, and that the claim was not barred by the statute of limitations.
• Fulford v. Klein
  550 F.2d 342· 5th Cir.· 1977-04-08 ·cited 90×
• Lombard v. The Bd. OF Educ. OF the City OF NEW York
  502 F.2d 631· 2d Cir.· 1974-07-22 ·cited 90×
  The court held that res judicata does not bar a federal claim under 42 U.S.C. § 1983 for denial of procedural due process, even if related issues were litigated in state court, because the federal remedy is supplementary and the plaintiff was deprived of a protected liberty inter
• Gregory v. Thompson
  500 F.2d 59· 9th Cir.· 1974-07-02 ·cited 90×
  A judge's physical act of evicting someone from a courtroom is not a judicial act and is not protected by judicial immunity, though qualified immunity may apply.
• Ill. State Emps. Union v. Lewis
  473 F.2d 561· 7th Cir.· 1972-09-18 ·cited 90×
  The court held that plaintiffs' discharges for partisan political reasons were constitutionally impermissible.
• Battle v. Cent. State Hosp.
  898 F.2d 126· 11th Cir.· 1990-04-12 ·cited 89×
  The court held that a district court may not dismiss an in forma pauperis complaint under 28 U.S.C.A. § 1915(d) unless the claims lack an arguable basis in law or fact, a standard distinct from Rule 12(b)(6) dismissals.
• Rose v. Bartle
  871 F.2d 331· 3d Cir.· 1989-03-20 ·cited 89×
  The court held that the district court's notice of converting motions to dismiss into motions for summary judgment was ambiguous, denying plaintiffs adequate opportunity to oppose. However, the court will affirm in part and reverse in part based on whether plaintiffs could prove
• Fundiller v. The City OF Cooper City
  777 F.2d 1436· 11th Cir.· 1985-12-11 ·cited 89×
  The court held that the plaintiff stated claims for substantive due process violations under 42 U.S.C. § 1983 against individual officers and the municipality, and that the district court erred in dismissing these claims.
• McCANN v. Coughlin
  698 F.2d 112· 2d Cir.· 1983-01-06 ·cited 89×
  The court held that the district court's finding that the inmate waived his right to present a defense or call witnesses was clearly erroneous, and that the inmate was entitled to a new determination on damages and potential injunctive relief.
• Wilson v. Thompson
  593 F.2d 1375· 5th Cir.· 1979-05-01 ·cited 89×·via 42 U.S.C. § 1983 Action
  The court held that the trial court's finding that the state had no substantive interest in renewed prosecution was not clearly erroneous, and that the reactivation of prosecutions solely in response to a civil suit was tantamount to a finding of bad faith.
• Domenic Lund v. Affleck
  587 F.2d 75· 1st Cir.· 1978-11-21 ·cited 89×
  Attorneys' fees are recoverable under the Fees Act for successful pendent claims arising from the same nucleus of facts as a substantial § 1983 claim, and for time reasonably spent establishing the fee entitlement.
• Jeffries v. Turkey RUN Consol. Sch. Dist.
  492 F.2d 1· 7th Cir.· 1974-02-05 ·cited 89×
  A public employee with no tenure or claim of entitlement to employment, and who was not terminated for a constitutionally impermissible reason, has no constitutional right to a hearing or to a statement of reasons for non-renewal, nor is she protected against "arbitrary and capri
• Clark v. State OF Wash.
  366 F.2d 678· 9th Cir.· 1966-09-26 ·cited 89×
  The district court properly dismissed the action against the State of Washington due to sovereign immunity and against the Bar Association because it is an agency of the state entitled to quasi-judicial immunity and because no effective decree could be framed.
• Colburn v. Upper Darby Twp.
  838 F.2d 663· 3d Cir.· 1988-01-26 ·cited 88×
  The dissenting judge argues that allegations of gross negligence or deliberate indifference are insufficient to sustain a due process § 1983 claim, which requires pleading intentional action, abuse of power, or actions tantamount to intent.
• Robison v. VIA
  821 F.2d 913· 2d Cir.· 1987-06-17 ·cited 88×
  The court held that the force used by Harrison was not constitutionally excessive, and therefore summary judgment should be granted on the excessive force claim.
• Clark v. Taylor
  710 F.2d 4· 1st Cir.· 1983-06-17 ·cited 88×
  The court held that there was sufficient evidence to support the jury's verdicts against the individual defendants for constitutional and state law violations, but that the district court erred in exercising pendent jurisdiction over the State of Rhode Island.
• McSURELY v. McCLELLAN
  697 F.2d 309· D.C. Cir.· 1982-12-10 ·cited 88×
  A state prosecutor is not entitled to absolute immunity for investigative or administrative actions, and summary judgment on qualified immunity is inappropriate when material facts are disputed regarding the prosecutor's knowledge of illegality.
• Mrs. Jimmie Lue Williams v. Kelley
  624 F.2d 695· 5th Cir.· 1980-08-22 ·cited 88×
  The court held that the officers' conduct, while potentially a state law tort, did not rise to the level of a constitutional violation actionable under 42 U.S.C. § 1983.
• Tejpal S. Sethy v. Alameda Cnty. Water Dist.
  602 F.2d 894· 9th Cir.· 1979-08-16 ·cited 88×
  The court held that the Civil Rights Attorney's Fees Awards Act of 1976 applied to cases pending on its enactment date, and that the plaintiff was a prevailing party entitled to seek fees.
• White v. Rochford
  592 F.2d 381· 7th Cir.· 1979-02-13 ·cited 88×
  Police officers may not constitutionally abandon children in health-endangering situations after arresting their custodian, as such conduct violates the Due Process Clause.
• Rios v. Enter. Ass'n Steamfitters Local 638 OF U.A.
  501 F.2d 622· 2d Cir.· 1974-06-24 ·cited 88×
  The court held that court-ordered racial quotas to eradicate past discrimination violate sections 703(j) and 703(c)(1) of the Civil Rights Act of 1964, as the legislative history clearly shows Congress intended to prohibit racial quotas under any circumstances.
• Blackwell v. Issaquena Cnty. Bd. OF Educ.
  363 F.2d 749· 5th Cir.· 1966-07-21 ·cited 88×
  The court held that the school regulation forbidding the wearing of 'freedom buttons' was reasonable and necessary for maintaining school discipline, given the significant disruptions caused by the students' conduct.
• Spell v. McDANIEL
  824 F.2d 1380· 4th Cir.· 1987-07-24 ·cited 87×
  The court held that the evidence was sufficient to support the jury's finding of municipal liability against the City of Fayetteville under either a deficient training policy or a condoned custom theory, and affirmed the judgment on the merits.