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

• Grady Carroll Ouzts v. Md. Nat'l Ins. Co.
  505 F.2d 547· 9th Cir.· 1974-10-29 ·cited 23×
  The Ninth Circuit affirmed the district court's dismissal, holding that the bail bondsman's actions in forcibly apprehending the plaintiff and transporting him to Nevada did not constitute action "under color of state law." The court found that the bondsman's conduct was purely p
• United States ex rel. Harold Walker v. Mancusi
  467 F.2d 51· 2d Cir.· 1972-09-20 ·cited 23×
  The court held that the segregation of inmates in a special housing unit did not violate their Eighth or Fourteenth Amendment rights, and the procedures used satisfied due process requirements.
• Strung v. Anderson
  452 F.2d 632· 9th Cir.· 1971-12-15 ·cited 23×
  The court held that a civil rights action under 42 U.S.C. § 1983 is barred by the statute of limitations if not filed within the applicable period, and the cause of action accrues at the time of the alleged violation, not upon subsequent judicial or prosecutorial actions.
• Johnson v. Hood
  430 F.2d 610· 5th Cir.· 1970-08-03 ·cited 23×
  The federal court system lacks jurisdiction over claims challenging state election results based on allegations of arbitrary ballot rejection.
• Sheena Yarbrough v. Decatur Hous. Auth.
  941 F.3d 1022· 11th Cir.· 2019-10-29 ·cited 22×
  The Due Process Clause requires that a decision to terminate a Section 8 housing voucher be supported by 'some evidence,' and the evidence presented here met that standard.
• Keen v. Fla. Sheriffs' Self-Insurance Fund
  962 So. 2d 1021· Fla. 4th DCA· 2007-08-08 ·cited 22×
  Angela Keen, sexually assaulted by a jail deputy while incarcerated, sued the Florida Sheriffs' Self-Insurance Fund for its refusal to defend or cover the deputy. The court affirmed summary judgment for the Fund, holding that the Fund's policy excludes coverage for criminal acts
• Harris v. Fob James
  127 F.3d 993· 11th Cir.· 1997-11-06 ·cited 22×
  The dissenting judge would hold that the Medicaid statute and its implementing regulation confer an enforceable right to transportation, actionable under 42 U.S.C. § 1983. This right exists whether analyzed under the established Wilder test or the majority's newly articulated fra
• Hicks v. ST. Mary's Honor Ctr.
  970 F.2d 487· 8th Cir.· 1992-07-23 ·cited 22×
  The court held that once a plaintiff proves the employer's proffered nondiscriminatory reasons for adverse employment actions are pretextual, no additional proof of discriminatory intent is required to prevail on a Title VII claim.
• Smith v. Freland
  954 F.2d 343· 6th Cir.· 1992-01-06 ·cited 22×
  The court held that the officer's use of deadly force was reasonable under the Fourth Amendment, even if the suspect was surrounded, because the suspect posed a significant threat of serious physical harm to others.
• Andrews v. Deland
  943 F.2d 1162· 10th Cir.· 1991-08-23 ·cited 22×
  The dissenting judge argues that the petitioner has demonstrated cause for procedural default and that the state's procedural bar is inadequate, thus the claim of ineffective assistance of counsel should be heard on its merits.
• Wallace v. Robinson
  940 F.2d 243· 7th Cir.· 1991-08-09 ·cited 22×
  A prison regulation granting officials discretion to act for any reason except discipline does not create a liberty or property interest for due process purposes. Liberty and property interests depend on substantive rules governing entitlements, not merely on rules addressing mot
• Carral Raymond Gilbreath v. Cutter Biological, Inc.
  931 F.2d 1320· 9th Cir.· 1991-04-22 ·cited 22×
  State prisoners working in prison industries are not employees under the FLSA, and federal courts lack jurisdiction over state law claims against the state due to the Eleventh Amendment.
• Davis v. Mason Cnty.
  927 F.2d 1473· 9th Cir.· 1991-03-12 ·cited 22×
  The court held that the sheriff is not the final policymaker for deputy training under Washington law, and the jury instructions on municipal liability did not meet the deliberate indifference standard required by Canton v. Harris.
• Rellergert v. Cape Girardeau Cnty.
  924 F.2d 794· 8th Cir.· 1991-02-04 ·cited 22×
  Jailers are entitled to qualified immunity if their preventive measures against inmate suicide, while perhaps negligent, were not deliberately indifferent to a known risk.
• In re William M. Kunstler. In re Barry Nakell. In re Lewis Pitts v. Britt
  914 F.2d 505· 4th Cir.· 1990-10-12 ·cited 22×
  The court held that Rule 11 sanctions can be imposed after a voluntary dismissal under Rule 41(a)(2), and that the attorneys violated Rule 11 by failing to conduct a reasonable inquiry into the facts and law, and by filing the complaint for an improper purpose.
• Buffington v. Baltimore Cnty.
  913 F.2d 113· 4th Cir.· 1990-07-31 ·cited 22×
  The court held that while the Due Process Clause imposes an affirmative duty of care on the state for individuals in its custody, the evidence was insufficient to establish that Baltimore County's failure to train its officers in suicide prevention was the proximate cause of the
• Eyes v. Dan Henry (Assistant Superintendent)
  907 F.2d 810· 8th Cir.· 1990-07-03 ·cited 22×
  The court held that the prison grooming regulation requiring inmates to wear hair above their collars was reasonably related to legitimate penological interests and did not violate the inmate's First Amendment free exercise rights.
• Smith v. Herb Maschner
  899 F.2d 940· 10th Cir.· 1990-03-29 ·cited 22×
  The court held that a prisoner's claim of retaliation for exercising his right of access to the courts, based on circumstantial evidence of suspicious timing and actions, could survive summary judgment. However, claims of property deprivation without due process were barred by ad
• LEE Cnty. v. Morales
  557 So. 2d 652· Fla. 2d DCA· 1990-02-28 ·cited 22×
  Lee County appeals a trial court judgment invalidating its rezoning decision that changed appellees' commercial property to agricultural/rural residential zoning. The court reverses, holding that the rezoning was fairly debatable based on substantial competent evidence regarding
• Santiago v. Fenton
  891 F.2d 373· 1st Cir.· 1989-12-11 ·cited 22×
  The court held that the district court did not abuse its discretion in granting protective orders, that summary judgment for the city and police chief was appropriate, but that directed verdicts for one officer on claims of false arrest, imprisonment, and civil rights violations
• East-Bibb Twiggs Neighborhood Ass'n v. MacOn Bibb Planning & Zoning Comm'n & Mullis Tree Serv.
  888 F.2d 1573· 11th Cir.· 1989-11-30 ·cited 22×
  The court held that due process and taking claims were not ripe because the residents failed to exhaust state remedies, and the equal protection claim failed because there was no evidence of discriminatory intent.
• Howard v. Adkison
  887 F.2d 134· 8th Cir.· 1989-10-04 ·cited 22×
  Supervisory prison officials can be held liable under 42 U.S.C. § 1983 for cruel and unusual punishment if they acted with reckless disregard for an inmate's constitutional rights, even without direct knowledge of specific violations.
• Thompson v. City OF LOS Angeles
  885 F.2d 1439· 9th Cir.· 1989-09-18 ·cited 22×
  The court held that the University of California Regents, as an arm of the state, is not a 'person' amenable to suit under 42 U.S.C. § 1983. The court also held that while the County's strip search, x-ray, and blood test policies were reasonable, its failure to provide a bed or m
• Sample v. Diecks
  885 F.2d 1099· 3d Cir.· 1989-09-12 ·cited 22×
  The court held that a prisoner held beyond his sentence term may recover under 42 U.S.C. § 1983 if a prison official acted with deliberate indifference to the unjustified deprivation of liberty, and that the district court did not abuse its discretion in estopping defendants from
• Lunderstadt v. Colafella
  885 F.2d 66· 3d Cir.· 1989-09-11 ·cited 22×
  The court held that the district court did not err in granting summary judgment, finding that plaintiffs' claims were barred by the statute of limitations or protected by legislative and testimonial immunity, and that plaintiffs failed to diligently pursue discovery.
• Worsham v. The City OF Pasadena
  881 F.2d 1336· 5th Cir.· 1989-08-31 ·cited 22×
  The court held that a plaintiff must be given an opportunity to prove that a municipality's policymakers absolutely delegated final policymaking authority to a subordinate official, even if positive law suggests otherwise, by demonstrating a custom or usage of abdicating review p
• Ware v. Unified Sch. Dist. NO. 492
  881 F.2d 906· 10th Cir.· 1989-08-04 ·cited 22×
  The dissenting judge would affirm the district court's grant of a directed verdict and judgment notwithstanding the verdict, finding the evidence insufficient to support the plaintiff's claim.
• Pope v. Miss. Real Est. Comm'n
  872 F.2d 127· 5th Cir.· 1989-05-09 ·cited 22×
• Larry and Karen Spielman v. Hildebrand
  873 F.2d 1377· 10th Cir.· 1989-05-03 ·cited 22×
  The court held that the defendants were entitled to qualified immunity because the plaintiffs failed to demonstrate a violation of any federal constitutional or statutory rights, as the Spielmans received a meaningful hearing prior to the deprivation of any liberty interest.
• Wildberger v. Sgt. David Bracknell
  869 F.2d 1467· 11th Cir.· 1989-04-14 ·cited 22×
  The court held that a prisoner's claim of retaliation for filing grievances, if proven, states a constitutional claim under the First Amendment.
• Browning v. Pendleton
  869 F.2d 989· 6th Cir.· 1989-03-16 ·cited 22×
  The Supreme Court's decision in Owens v. Okure mandates that state general or residual statutes of limitations for personal injury actions apply to section 1983 claims, rejecting the intentional tort analogy previously used by this court.
• Jackson v. Warden Burl Cain
  864 F.2d 1235· 5th Cir.· 1989-02-09 ·cited 22×
  The court held that the district court did not err in granting summary judgment for the defendants on the procedural and substantive claims, as Jackson failed to demonstrate genuine issues of material fact or violations of his constitutional rights.
• Cleolis Hunt v. Dental Dep't
  865 F.2d 198· 9th Cir.· 1989-01-06 ·cited 22×
  The court held that summary judgment was improperly granted for prison officials Jolly, Dr. Schaffer, and the CMA, as their delay in treating the inmate's serious dental needs could constitute deliberate indifference. Summary judgment for the Director and the Dental Department wa
• Wilton Chatman-Bey v. Thornburgh
  864 F.2d 804· D.C. Cir.· 1988-12-23 ·cited 22×
  A prisoner's challenge to an administratively calculated parole eligibility date, which does not guarantee immediate or earlier release, is not exclusively cognizable in habeas corpus.
• Vaughan v. Ricketts
  859 F.2d 736· 9th Cir.· 1988-10-14 ·cited 22×
  The court held that the denial of qualified immunity was proper because the alleged manner of conducting digital rectal cavity searches violated clearly established constitutional rights under the Fourth, Eighth, and Fourteenth Amendments.
• Cain v. Lane
  857 F.2d 1139· 7th Cir.· 1988-09-19 ·cited 22×
  The court held that the district court erred in granting summary judgment on the retaliation claim because the plaintiff raised a genuine issue of material fact, but affirmed the dismissal of the due process claim regarding liberty interest in the general prison population.
• Watson v. The City OF Kan. City
  857 F.2d 690· 10th Cir.· 1988-09-14 ·cited 22×
  The court held that the plaintiff presented sufficient evidence to survive summary judgment on her § 1983 claim against the City for a policy of providing less protection to domestic violence victims, but affirmed summary judgment on her sex-based discrimination claim.
• Mitchell v. LOS Angeles Cmty. Coll. Dist.
  861 F.2d 198· 9th Cir.· 1988-08-17 ·cited 22×
  The court held that the district court properly granted summary judgment, affirming that the appellant's claims were time-barred or barred by Eleventh Amendment immunity.
• Freedman v. City OF Allentown
  853 F.2d 1111· 3d Cir.· 1988-08-10 ·cited 22×
  The court held that the allegations in the complaint were sufficient to withstand a motion to dismiss under Rule 12(b)(6) for claims against Detective Balliet and the municipal defendants, as they sufficiently alleged reckless indifference to a detainee's suicidal tendencies.
• Quesada v. Thomason
  850 F.2d 537· 9th Cir.· 1988-06-23 ·cited 22×
  A district court cannot reduce a statutory attorney fee award below the lodestar amount based on the existence of a contingent-fee agreement or the simplicity of the case's issues.
• Stubbs v. C.O. Robert Dudley
  849 F.2d 83· 2d Cir.· 1988-06-13 ·cited 22×
  The court held that the magistrate erred in granting judgment notwithstanding the verdict, as the jury could reasonably find deliberate indifference to the inmate's safety.
• Hesse v. Bd. OF Educ. OF Twp. High Sch. Dist. NO. 211
  848 F.2d 748· 7th Cir.· 1988-06-10 ·cited 22×
  The court held that at least two instances of the employee's speech were constitutionally protected, warranting a remand for a new trial.
• Zamboni v. Stamler
  847 F.2d 73· 3d Cir.· 1988-05-17 ·cited 22×
  The court held that the plaintiff's speech regarding the prosecutor's reorganization plan was on a matter of public concern, but remanded for a determination of whether the speech caused actual disruption justifying the retaliatory actions. The court also affirmed dismissal of th
• Martin v. Sheriff Richard Tyson
  845 F.2d 1451· 7th Cir.· 1988-05-09 ·cited 22×
  The court held that the amended complaint sufficiently suggested the incorporation of a previously omitted claim regarding denial of access to newspapers.
• Daury v. Smith
  842 F.2d 9· 1st Cir.· 1988-03-11 ·cited 22×
  The court held that the school committee's requirement for a psychiatric examination was a reasonable exercise of its duty to ensure student safety, and thus did not violate the plaintiff's constitutional right to privacy. The court also found the retaliation claim was not proper
• Kareem Faheem-El v. Klincar
  841 F.2d 712· 7th Cir.· 1988-02-25 ·cited 22×
• Curtis v. Thompson
  840 F.2d 1291· 7th Cir.· 1988-02-05 ·cited 22×
  The court held that the district court erred by denying a preliminary injunction without addressing all five required factors, particularly given the constitutional nature of the claims.
• Rawleigh C. Wilson v. The Civil Town OF Clayton
  839 F.2d 375· 7th Cir.· 1988-02-03 ·cited 22×
  The court held that the Parratt doctrine, which allows dismissal of procedural due process claims when an adequate post-deprivation state remedy exists for random and unauthorized acts, does not apply to claims against municipalities acting under official policy or to claims wher
• Knight v. Mills
  836 F.2d 659· 1st Cir.· 1987-12-29 ·cited 22×
  State officials are entitled to qualified immunity from civil damages when their actions do not violate clearly established statutory or constitutional rights, and a declaratory judgment is not warranted on this record.
• Collins v. Walden
  834 F.2d 961· 11th Cir.· 1987-12-28 ·cited 22×
  The court held that the district court did not abuse its discretion in imposing Rule 11 sanctions against attorneys for filing a factually groundless complaint, and affirmed the size and manner of the award.