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

• Ali Farred v. J.M. Hicks
  915 F.2d 1530· 11th Cir.· 1990-10-31 ·cited 23×
  The court held that the district court erred in dismissing official-capacity claims and applying collateral estoppel without proper notice, and that the police officers were not in privity with the state for collateral estoppel purposes under Georgia law.
• Archuleta v. Quinton McSHAN
  897 F.2d 495· 10th Cir.· 1990-03-01 ·cited 23×
  A child witnessing a police officer's violent arrest of their father does not have a constitutional claim under 42 U.S.C. § 1983 for emotional distress, as the officer's conduct was not directed at the child with the requisite intent to violate their rights.
• Coats v. Pierre
  890 F.2d 728· 5th Cir.· 1990-02-02 ·cited 23×
  The court held that the plaintiff's claims for due process, equal protection, and retaliatory termination were insufficient to overcome a directed verdict, but the sanctions imposed were excessive.
• Powell v. Gardner
  891 F.2d 1039· 2d Cir.· 1989-12-13 ·cited 23×
  The court held that the evidence was sufficient to allow a jury to find that Officer Gardner used excessive force, thus reversing the directed verdict against him. However, the court affirmed the directed verdict for the County on the § 1983 claim due to lack of evidence of a mun
• In re Epps
  888 F.2d 964· 2d Cir.· 1989-11-01 ·cited 23×
  The court held that the Northern District's Fee Order was unlawfully applied to Epps, and he may file his suit upon payment of a reduced fee of $6.
• Krause v. R.O. Bennett, Jr.
  887 F.2d 362· 2d Cir.· 1989-09-20 ·cited 23×
  A police officer is entitled to qualified immunity if it was objectively reasonable for them to believe their actions did not violate the plaintiff's rights, and the warrant application was not so lacking in indicia of probable cause as to render official belief in its existence
• Marine ONE, Inc. v. Manatee Cnty.
  877 F.2d 892· 11th Cir.· 1989-07-19 ·cited 23×
  The court held that plaintiffs did not possess a constitutionally protected property interest in the rescinded permits under Florida law, as state law does not recognize a property right in a permit itself, only a potential right to pursue equitable estoppel.
• Schertz v. Waupaca Cnty.
  875 F.2d 578· 7th Cir.· 1989-04-21 ·cited 23×
  The court held that the existence of probable cause for arrest is an absolute bar to a Section 1983 claim for unlawful arrest or imprisonment, and that the defendants were entitled to qualified immunity.
• Germany v. Vance
  868 F.2d 9· 1st Cir.· 1989-03-20 ·cited 23×
  The court held that state caseworkers' conduct in failing to inform a juvenile offender of potentially exculpatory information was not, as a matter of law, intentional or reckless, and thus not actionable under section 1983 for denial of due process.
• Cheryll Gray v. Cnty. OF Dane
  854 F.2d 179· 7th Cir.· 1988-07-28 ·cited 23×·via Section 1983
  The court held that the plaintiff failed to state a claim under section 1983 because her allegations did not establish a municipal policy or custom of discrimination and retaliation, and that her appeal regarding the Title VII dismissal was moot.
• O'Neal v. DeKALB Cnty.
  850 F.2d 653· 11th Cir.· 1988-07-25 ·cited 23×
  The court held that summary judgment was inappropriate because a dispute of material fact existed regarding the proportionality of force used by officers.
• Outley v. The City OF NEW York
  837 F.2d 587· 2d Cir.· 1988-01-25 ·cited 23×
  The court held that the trial court abused its discretion by precluding eyewitness testimony due to a discovery violation and by admitting evidence of prior lawsuits, which was unduly prejudicial.
• Tarantino v. B.R. Baker, Jr.
  825 F.2d 772· 4th Cir.· 1987-08-10 ·cited 23×
  The court held that the officer is entitled to qualified immunity because the Fourth Amendment principles he allegedly violated were not clearly established at the time of his actions.
• S. Alliance Corp. v. The City OF Winter Haven
  505 So. 2d 489· Fla. 2d DCA· 1987-03-18 ·cited 23×
  Southern Alliance Corporation appealed the dismissal of its complaint against the City of Winter Haven and its employees for alleged constitutional violations under 42 U.S.C. §§ 1983 and 1985, as well as tortious interference. The appellate court reversed the dismissal of the § 1
• Edelstein v. Hon. Robert N. Wilentz
  812 F.2d 128· 3d Cir.· 1987-02-26 ·cited 23×
  The court held that the New Jersey Supreme Court Rule granting absolute immunity to ethics grievants is rationally related to the state's legitimate interest in regulating attorney conduct and does not violate federal constitutional rights. The court also affirmed the denial of t
• Voisin's Oyster House, Inc. v. Guidry
  799 F.2d 183· 5th Cir.· 1986-09-08 ·cited 23×
  The Eleventh Amendment bars suits against state agencies and officials sued in their official capacities in federal court, and the proper disposition for such a dismissal is for lack of subject matter jurisdiction, not on the merits.
• Del's BIG Saver Foods, Inc. v. Carpenter Cook, Inc.
  795 F.2d 1344· 7th Cir.· 1986-07-15 ·cited 23×
  A private party's execution of a state court's ex parte order authorizing property repossession constitutes state action for purposes of a § 1983 claim, and Wisconsin's replevin statute, which allows for ex parte orders secured by a bond and provides for a prompt post-deprivation
• Sanders v. Kennedy
  794 F.2d 478· 9th Cir.· 1986-07-14 ·cited 23×
  The district court erred in dismissing the Fourth and Fourteenth Amendment claims under § 1983, as the Parratt analysis is inapplicable to Fourth Amendment claims and due process claims challenging established policies, and in dismissing supervisory officials when liability was a
• Dist. Council 47 v. Bradley
  795 F.2d 310· 3d Cir.· 1986-07-09 ·cited 23×
  The dissenting judge argues that the majority erred in excusing deficient pleadings and the failure to seek leave to amend, asserting that civil rights claims require specific factual allegations tying defendants to the alleged deprivations.
• Frazier v. Se. Pa. Transp. Auth. & Transp. Workers Union of Philadelphia
  785 F.2d 65· 3d Cir.· 1986-03-04 ·cited 23×
  The court held that while some counts of the complaint were too broad and conclusory to provide adequate notice, others, particularly those alleging specific instances of discriminatory discipline and sexual harassment, were sufficiently specific to proceed. The court vacated the
• Jones v. Morris
  777 F.2d 1277· 7th Cir.· 1985-11-27 ·cited 23×
  The court held that the pro se prisoner's complaint, alleging deliberate indifference to known dangerous conditions, was sufficient to survive dismissal under 28 U.S.C. § 1915(d) and should have been allowed to proceed.
• Student Coal. FOR Peace v. Lower Merion Sch. Dist. Bd. OF Sch. Directors
  776 F.2d 431· 3d Cir.· 1985-11-05 ·cited 23×
  The court held that the school district did not violate the First Amendment by denying a student group's request to use an athletic field for a 'Peace Fair' because the field was a nonpublic forum and the denial was reasonable and not based on viewpoint discrimination. The court
• Brown v. Reardon
  770 F.2d 896· 10th Cir.· 1985-08-19 ·cited 23×
  The court held that plaintiffs failed to present specific evidence of a policy for summary judgment, but that the trial court erred in directing a verdict on the First Amendment claim due to sufficient circumstantial evidence of official knowledge and participation.
• Smith v. City OF Chicago
  769 F.2d 408· 7th Cir.· 1985-07-29 ·cited 23×
  The court held that contempt proceedings under the Shakman decree are subject to a 180-day statute of limitations, adopting the period from Title VII of the Civil Rights Act of 1964.
• Anthony v. Baker
  767 F.2d 657· 10th Cir.· 1985-06-17 ·cited 23×
  The court held that state and federal officers can be liable under § 1983 and § 1985(2) for conspiring to procure groundless indictments based on fabricated evidence or false testimony, and that the district court erred in granting directed verdicts for Baker and Newton.
• Utah Power & Light Co. v. Interstate Commerce Comm'n & United States
  747 F.2d 721· D.C. Cir.· 1984-10-30 ·cited 23×
  The court held that the Interstate Commerce Commission (ICC) had jurisdiction to review a state commission's decision regarding intrastate rail rates, and that the railroads were not required to exhaust state administrative remedies, specifically a rehearing petition, before peti
• Crawley v. Hamilton Cnty. Comm'rs
  744 F.2d 28· 6th Cir.· 1984-09-20 ·cited 23×
  The court held that federal courts should not abstain from hearing a case under Younger or Colorado River doctrines when the state proceeding is not parallel or when federal law is dispositive.
• Pike v. City OF Mission
  731 F.2d 655· 10th Cir.· 1984-03-30 ·cited 23×
  The court held that the plaintiff's claims were barred by the statute of limitations and that the district court did not err in denying attorney's fees to the defendants.
• Lozano v. Smith
  718 F.2d 756· 5th Cir.· 1983-11-03 ·cited 23×
  The court held that the jury findings regarding officers Tenney and Perkins were in irreconcilable conflict and must be reversed for a new trial, but affirmed the lower court's decision regarding insufficient evidence for jury findings against the Sheriff.
• Ass'n OF Cmty. Orgs. FOR Reform NOW v. City OF Frontenac
  714 F.2d 813· 8th Cir.· 1983-08-16 ·cited 23×
  A city ordinance prohibiting door-to-door canvassing after 6:00 p.m. is not narrowly tailored to serve legitimate governmental objectives and thus violates the First Amendment rights of organizations like ACORN.
• Conley v. Bd. OF Trs. OF Grenada Cnty. Hosp.
  707 F.2d 175· 5th Cir.· 1983-06-13 ·cited 23×·via 42 U.S.C. § 1983 Action
  The court held that a hospital employee guidebook can create a property interest in continued employment, and that procedural due process requires notice and an opportunity to rebut charges, but the specific application varies by individual circumstances.
• Johnson v. Hubbard
  698 F.2d 286· 6th Cir.· 1983-01-26 ·cited 23×
  The court held that the constitutional right of access to the courts does not require payment of witness fees for indigent litigants, nor does 28 U.S.C. § 1915 mandate such payment.
• Kerr v. Quinn
  692 F.2d 875· 2d Cir.· 1982-11-04 ·cited 23×
  The court held that the district court erred in denying attorney fees because the plaintiff's civil rights claim was not so strong at the outset as to assure easy retention of counsel on a contingent basis.
• Soad R. Iskander v. Vill. OF Forest Park & Zayre, Inc.
  690 F.2d 126· 7th Cir.· 1982-10-05 ·cited 23×
  The court held that a private corporation cannot be held liable under § 1983 based solely on respondeat superior; liability requires proof of an impermissible policy. The court also found that erroneous jury instructions regarding municipal liability and strip search reasonablene
• Arsenaux v. Roberts
  726 F.2d 1022· 5th Cir.· 1982-10-04 ·cited 23×
  A judge is absolutely immune from liability for judicial acts, and conclusory allegations of conspiracy against a private citizen without factual support are insufficient to state a claim.
• Developmental Disabilities Advocacy Ctr., Inc. v. Melton
  689 F.2d 281· 1st Cir.· 1982-09-22 ·cited 23×
  The court held that Freda Smith lacked standing to sue as next friend for LSS residents, but the Developmental Disabilities Advocacy Center (DDAC) did have standing to assert its First Amendment organizational rights regarding communication with residents. The case is remanded fo
• Jonas v. The City OF Atlanta
  647 F.2d 580· 5th Cir.· 1981-06-12 ·cited 23×
  The court held that the district court erred in granting judgment notwithstanding the verdict for the home search, erred in refusing judgment for the automobile conversion claim, and abused its discretion regarding improper closing arguments and jury charges. However, the admissi
• Hunt v. Roth
  648 F.2d 1148· 8th Cir.· 1981-05-13 ·cited 23×
  The court should not decide the constitutional question presented because the case is moot due to the defendant's conviction and the parties' stipulation does not create a justiciable controversy.
• Douthit v. Jones
  641 F.2d 345· 5th Cir.· 1981-04-03 ·cited 23×
  The court held that the sheriff's liability under 42 U.S.C. § 1983 for unlawful incarceration by subordinates requires personal involvement or a causal connection, not mere vicarious liability. Sheriff's liability under Texas common law for deputies' acts requires further factual
• Carmen v. Rodriguez
  620 F.2d 362· 2d Cir.· 1980-05-02 ·cited 23×
  A teacher's transfer to a different grade level, even without loss of salary or benefits, can constitute unlawful sex discrimination under Title VII if it adversely affects her employment status or opportunities. Claims under 42 U.S.C. § 1983 for damages require an allegation of
• Wilson v. The Health & Hosp. Corp. OF Marion Cnty.
  620 F.2d 1201· 7th Cir.· 1980-04-28 ·cited 23×
  The court held that the plaintiff failed to establish a Fourth Amendment claim due to a lack of demonstrated expectation of privacy and that procedural due process was satisfied by the notices provided.
• Hastings v. N. E. Indep. Sch. Dist.
  615 F.2d 628· 5th Cir.· 1980-04-14 ·cited 23×
  The court held that the district court abused its discretion by dismissing the suit and awarding attorney's fees for failure to disclose union membership lists, as such disclosure could infringe on First Amendment rights.
• N. Va. Women's Med. Ctr. v. Balch
  617 F.2d 1045· 4th Cir.· 1980-03-14 ·cited 23×
  The court affirmed the district court's orders, finding no error in dismissing claims against officials, dismissing the citizens' counterclaim, and enjoining the citizens from trespassing.
• Jackson v. Reese
  608 F.2d 159· 5th Cir.· 1979-12-10 ·cited 23×
  The court held that a pro se prisoner's claims that the parole board's refusal to allow access to files and consideration of the offense violated due process and double jeopardy were properly dismissed for failure to state a cause of action.
• Mosher v. Saalfeld
  589 F.2d 438· 9th Cir.· 1978-12-13 ·cited 23×
  The court held that the defendant officials were entitled to qualified executive immunity and absolute judicial immunity, respectively, and that the plaintiff failed to present material facts creating a genuine issue for trial.
• Harold H. Gordon and the Estate of Louis P. Begin v. City OF Warren
  579 F.2d 386· 6th Cir.· 1978-06-26 ·cited 23×
  A direct cause of action exists against municipalities to recover damages for a taking of private property for public use without just compensation, and the statute of limitations does not begin to run until the controversy over the taking is resolved.
• White v. Beal
  555 F.2d 1146· 3d Cir.· 1977-05-05 ·cited 23×
  Pennsylvania's regulation denying eyeglasses solely based on etiology (eye disease) rather than medical necessity conflicts with the Social Security Act and is invalid.
• Rosanna Drollinger and Nathan Drollinger v. Milligan
  552 F.2d 1220· 7th Cir.· 1977-04-04 ·cited 23×
  Rosanna's challenge to probation conditions must be brought as a habeas corpus petition, requiring exhaustion of state remedies, while Nathan's challenge to conditions affecting his family rights is a valid civil rights claim under § 1983.
• E. Hartford Educ. Ass'n v. Bd. OF Educ. OF the Town OF E. Hartford
  562 F.2d 838· 2d Cir.· 1977-02-22 ·cited 23×
  The dissenting judge argues that the en banc majority opinion incorrectly downplays individual constitutional interests and fails to apply proper analytical steps and scrutiny.
• Clay L. Shaw v. Garrison
  545 F.2d 980· 5th Cir.· 1977-01-24 ·cited 23×
  A Section 1983 action instituted by a plaintiff prior to death survives in favor of the estate as a matter of federal common law, even if state law would cause abatement.