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

• ORR v. Thorpe
  427 F.2d 1129· 5th Cir.· 1970-06-10 ·cited 20×
  The court held that a complaint alleging a school board's policy aimed at destroying a teachers' association states a claim under section 1983 for interference with freedom of association.
• Johnson v. Mueller
  415 F.2d 354· 4th Cir.· 1969-08-29 ·cited 20×
  The court held that the district court erred in dismissing the pro se plaintiff's complaints for lack of jurisdiction without considering whether they stated a claim under the Civil Rights Act of 1871.
• Dorsey v. Nat'l Ass'n FOR the Advancement OF Colored People
  408 F.2d 1022· 5th Cir.· 1969-03-18 ·cited 20×
  A city police officer's tenure rights, derived solely from state law, cannot be vindicated under 42 U.S.C. § 1983.
• Sullivan v. Kelleher
  405 F.2d 486· 1st Cir.· 1968-12-24 ·cited 20×
  A court clerk is immune from civil liability for acts performed in the exercise of judicial functions, even if there are defects in service of process, provided the court has general jurisdiction.
• Carmack v. Gibson
  363 F.2d 862· 5th Cir.· 1966-07-26 ·cited 20×
  A complaint under 42 U.S.C. § 1983 should not be dismissed if it states a claim upon which relief can be granted, and state officials like judges and prosecutors are immune from civil suits for actions within their jurisdiction.
• Eaton v. Bibb
  217 F.2d 446· 7th Cir.· 1954-12-03 ·cited 20×
  The court held that the plaintiff failed to state a claim upon which relief could be granted under the Federal Civil Rights Act for alleged violations of his civil rights and for the enforcement of prison rules.
• Cambridge Christian Sch., Inc. v. Fla. High Sch. Athletic Ass'n, Inc.
  115 F.4th 1266· 11th Cir.· 2024-09-03 ·cited 19×
  Cambridge Christian School argued that the Florida High School Athletic Association (FHSAA) violated its constitutional free speech and free exercise rights when it denied the school access to the public address system to broadcast a pregame prayer at the 2015 state football cham
• Wendall Jermaine Hall v. Lieutenant Peter Merola
  67 F.4th 1282· 11th Cir.· 2023-05-17 ·cited 19×
  Wendall Hall sued correctional officers under Section 1983 for using chemical agents against him and withholding food in retaliation for filing grievances, but the district court dismissed his claims against two officers on Heck grounds and allowed only nominal damages against a
• John "Burt" McAlpin v. Town of Sneads Fla.
  61 F.4th 916· 11th Cir.· 2023-03-03 ·cited 19×
  John "Burt" McAlpin, the police chief of the Town of Sneads, Florida, was fired in October 2018 and sued the town and five officials under the Florida Whistleblower's Act, the Family and Medical Leave Act, and the First Amendment, claiming the termination was retaliatory for his
• Luke v. Jameel H. Gulley
  50 F.4th 90· 11th Cir.· 2022-10-03 ·cited 19×
  The Eleventh Circuit held that Detective Gulley is not entitled to qualified immunity because his affidavit lacked sufficient information to establish probable cause for Luke's arrest, violating Luke's Fourth Amendment rights.
• Chakra 5 v. City of Miami Beach
  254 So. 3d 1056· Fla. 3d DCA· 2018-08-22 ·cited 19×
  Claims based on injuries occurring before May 20, 2009, are time-barred under Florida's four-year statute of limitations for § 1983 actions, and the continuing tort doctrine does not apply because the complaint alleges discrete acts rather than a single continuing wrong. Substant
• Rutherford v. Crosby
  438 F.3d 1087· 11th Cir.· 2006-01-30 ·cited 19×
  The district court correctly dismissed the petitioner's complaint for lack of jurisdiction, finding it to be the functional equivalent of a successive habeas corpus petition. The court also denied the application for a stay of execution, concluding that the petitioner had unduly
• Miller v. King
  384 F.3d 1248· 11th Cir.· 2004-09-14 ·cited 19×
  The Eleventh Circuit reversed in part and affirmed in part the district court's grant of summary judgment. The court reversed as to the plaintiff's Eighth Amendment claims for monetary damages against Warden Sikes in his individual capacity, and for injunctive relief against Sike
• Reed v. Sharon Mims & the AeroThrust Corp. of Miami
  711 So. 2d 169· Fla. 3d DCA· 1998-05-13 ·cited 19×
  An indigent prisoner's civil complaint was dismissed under Florida's 1996 anti-frivolous lawsuit statute (§ 57.085). The court reversed dismissal of the fraud count against one defendant, allowing amendment, while affirming dismissal of defamation and civil rights claims.
• Jacobi v. City OF Miami Beach
  678 So. 2d 1365· Fla. 3d DCA· 1996-08-21 ·cited 19×
  Property owners appealed a summary judgment dismissing their inverse condemnation and federal substantive due process claims under 42 U.S.C.A. section 1983 against the City of Miami Beach and Board of Adjustment. The owners sought damages for losses from an erroneous Board decisi
• Nasierowski Bros. Inv. Co. v. City OF Sterling Heights
  949 F.2d 890· 6th Cir.· 1991-11-22 ·cited 19×
  Procedural due process claims in zoning matters are not always subject to finality requirements for ripeness.
• Coughlin v. LEE
  946 F.2d 1152· 5th Cir.· 1991-11-12 ·cited 19×
  The court held that the deputies' leak of evidence did not address a matter of public concern, thus affirming the directed verdict on their free speech claim. However, the court reversed the discovery rulings concerning their political association claim, remanding for reconsidera
• Frank and Seba Genty and Jamie and Frank Genty, Jr. v. Resolution Tr. Corp.
  937 F.2d 899· 3d Cir.· 1991-07-08 ·cited 19×
  A municipality can be held liable under RICO for the predicate acts of its officers or agents, and the court has jurisdiction over the appeal via Rule 54(b) certification.
• Vasbinder v. Ambach
  926 F.2d 1333· 2d Cir.· 1991-02-28 ·cited 19×
  The court affirmed the award of compensatory damages but reversed the dismissal of the punitive damages claim, remanding for further proceedings on that issue.
• Andreu v. Sapp
  919 F.2d 637· 11th Cir.· 1990-12-18 ·cited 19×
  The court affirmed the denial of summary judgment on claims that plaintiff's discharge violated due process by denying a pre-discharge hearing and a name-clearing hearing, finding these rights were clearly established.
• Pfeiffer v. Marion Ctr. Area Sch. Dist.
  917 F.2d 779· 3d Cir.· 1990-10-30 ·cited 19×
  The court held that the district court erred in excluding testimony potentially showing a double standard in dismissing a female student for premarital sex while not dismissing male students for similar conduct, and that compensatory damages are available under Title IX.
• Duran v. City OF Douglas
  904 F.2d 1372· 9th Cir.· 1990-06-04 ·cited 19×
  The court held that a police officer's stop and arrest of an individual for making obscene gestures and yelling profanities, which constituted protected speech, was unlawful and violated clearly established constitutional rights, thus denying qualified immunity. The court also fo
• Rodriguez v. Comas
  888 F.2d 899· 1st Cir.· 1989-05-30 ·cited 19×
  The court held that the arresting officer was not entitled to qualified immunity because the plaintiff's right not to be arrested for refusing to answer questions was clearly established and the officer's belief that the arrest was lawful was unreasonable. The court also held tha
• Jaroma v. Massey
  873 F.2d 17· 1st Cir.· 1989-04-28 ·cited 19×
  A district court cannot automatically grant summary judgment solely for the opposing party's failure to respond; the moving party must still demonstrate entitlement to judgment as a matter of law.
• Criss v. The City OF Kent
  867 F.2d 259· 6th Cir.· 1988-12-28 ·cited 19×
  The court held that the district court did not err in granting summary judgment, as probable cause existed for the arrest and no duty to investigate further was constitutionally required.
• Giles v. Garwood
  853 F.2d 876· 11th Cir.· 1988-08-30 ·cited 19×
  The court held that the appellant's § 1983 action was barred by the statute of limitations and that the district court did not abuse its discretion in denying the motion to disqualify the judge.
• Wood v. Franklin Y.K. Sunn
  852 F.2d 1205· 9th Cir.· 1988-07-27 ·cited 19×
  The court held that prison staff acted with deliberate indifference to an inmate's serious medical needs, but reversed the judgment against prison administrators due to lack of personal involvement and remanded the attorney's fees award for reconsideration.
• Spears v. Thigpen
  846 F.2d 1327· 11th Cir.· 1988-06-13 ·cited 19×
  The court held that an inmate's claims for injunctive and declaratory relief regarding confinement conditions become moot upon transfer to another facility, but a due process claim regarding continued segregation may remain a live controversy.
• Freedom From Religion Found., Inc. v. Zielke
  845 F.2d 1463· 7th Cir.· 1988-05-10 ·cited 19×
  Individuals and organizations lack standing to challenge the display of a Ten Commandments monument in a city park because they have not suffered a distinct and palpable injury traceable to the city's actions and redressable by a favorable court decision.
• Dick Dickeson and Beth Weaver v. Deloyd Quarberg & the Bd. of Cnty. Comm'rs of Hot Springs Cnty.
  844 F.2d 1435· 10th Cir.· 1988-04-25 ·cited 19×
  The court held that the plaintiffs did not possess a property interest in their employment and their liberty interests were not violated, but a genuine issue of material fact exists regarding whether their First Amendment freedom of association was violated by their discharge bas
• McCUNE v. The City OF Grand Rapids
  842 F.2d 903· 6th Cir.· 1988-03-25 ·cited 19×
  The court held that the statute of limitations for a section 1983 claim accrues when the plaintiff knows or has reason to know of the injury, and that continuing incarceration is an effect, not a continuing tort.
• Francis v. FOX
  838 F.2d 1147· 11th Cir.· 1988-02-29 ·cited 19×
  The court held that the prisoner had no protected liberty interest in obtaining work-release under the Due Process Clause, and the work-release regulation did not constitute an ex post facto law.
• J.G. v. The Bd. OF Educ. OF the Rochester City Sch. Dist.
  830 F.2d 444· 2d Cir.· 1987-09-29 ·cited 19×
  The court concurred that counsel fees could be awarded to prevailing parties when direct court action is the only means to redress statutory violations concerning handicapped children's education.
• Olson v. Norman
  830 F.2d 811· 8th Cir.· 1987-09-15 ·cited 19×
  The court held that the Secretary improperly terminated Medicaid benefits by considering sibling income, as this constitutes impermissible 'deeming' under 42 U.S.C. § 1396a(a)(17)(D). The court also reversed in part the award of attorneys' fees against the Secretary.
• Cato v. Rushen
  824 F.2d 703· 9th Cir.· 1987-08-06 ·cited 19×
  The court held that the disciplinary board's finding of guilt was not supported by 'some evidence' in the record, violating the inmate's procedural due process rights.
• Trinidad Roure v. Colon
  824 F.2d 139· 1st Cir.· 1987-07-24 ·cited 19×·via 42 U.S.C. § 1983 Action
  The court held that defendants were entitled to qualified immunity for the translator's First Amendment claim, but the issue of qualified immunity for the due process claims of four trust employees should be reconsidered by the district court, and affirmed the denial of qualified
• Jungels v. Pierce
  825 F.2d 1127· 7th Cir.· 1987-07-14 ·cited 19×
  A public employee's First Amendment rights are implicated when fired for expressing opinions on matters of public concern, and a due process claim may proceed if the employee had a property interest in their job. However, a claim for stigma-based deprivation of liberty fails if t
• Bennie Harris v. Birmingham Bd. OF Educ.
  817 F.2d 1525· 11th Cir.· 1987-06-01 ·cited 19×
  The court held that the termination notice and process met federal constitutional requirements for procedural due process, and the case was properly removed to federal court.
• Earlene Parker v. Miss. State Dep't OF Pub. Welf.
  811 F.2d 925· 5th Cir.· 1987-03-09 ·cited 19×
  The court held that a plaintiff waives objections to a magistrate's authority by failing to raise them at trial, and that the trial court's finding of no racial discrimination was not clearly erroneous.
• Chapman v. City OF Detroit
  808 F.2d 459· 6th Cir.· 1986-12-30 ·cited 19×
  The court held that the district court properly dismissed the plaintiffs' ADEA claims because the EEOC's intervention in a state court action terminated the individual plaintiffs' right to sue, and their § 1983 claims were properly dismissed for failing to state a claim with suff
• Spinar v. S.D. Bd. OF Regents
  796 F.2d 1060· 8th Cir.· 1986-07-23 ·cited 19×
  The Court of Appeals dismissed the appeal for lack of jurisdiction because the district court lacked jurisdiction to vacate its original judgment and enter a new one after the time for appeal had expired.
• Armstead v. Pingree
  629 F. Supp. 273· M.D. Fla.· 1986-01-29 ·cited 19×
  The court denied the motion to dismiss, finding that plaintiffs' allegations of constitutional violations and statutory rights under § 1983 and § 504 stated a federal question. The court also granted the motion to amend the class, certifying two subclasses.
• Lyndall Molthan, M.D. v. Temple University-Of the Commonwealth Sys. OF Higher Educ. & the Bd. of Trs. of Temple Univ. of the Commonwealth Sys. of Higher Educ. Appeal of Dr. Rosalie A. Cohen
  778 F.2d 955· 3d Cir.· 1985-12-05 ·cited 19×
  The court held that while the university was a state actor and the denial of a jury trial was an error, the error was harmless because the plaintiff failed to present sufficient evidence of discrimination to withstand a directed verdict.
• Wolfenbarger v. Clancy Williams
  774 F.2d 358· 10th Cir.· 1985-09-26 ·cited 19×
  The dissenting judge believes the due process issue was not properly decided on summary judgment and would remand for further consideration of post-deprivation remedies.
• Hall v. Sutton
  755 F.2d 786· 11th Cir.· 1985-03-19 ·cited 19×
  The court held that claims of substantive constitutional right violations are not barred by the availability of state remedies, but claims of procedural due process violations are barred if adequate state remedies exist. The court affirmed dismissal of claims barred by Parratt v.
• DiRUGGIERO v. Rodgers
  743 F.2d 1009· 3d Cir.· 1984-09-17 ·cited 19×
  The court held that claims under the Parental Kidnapping Prevention Act (PKPA) arise under federal law, and that the domestic relations exception does not bar diversity jurisdiction over a state-law child abduction tort claim.
• Phelps v. Hous. Auth. OF Woodruff & L.G. Casey
  742 F.2d 816· 4th Cir.· 1984-08-24 ·cited 19×
  The court held that the Housing Act's preference and notice provisions do not create rights enforceable under 42 U.S.C. § 1983, and that the preference does not rise to the level of a constitutionally protected property interest.
• Krynicky v. Univ. OF Pittsburgh
  742 F.2d 94· 3d Cir.· 1984-08-23 ·cited 19×
  The Supreme Court's recent decisions in the Lugar trilogy did not overrule prior circuit precedent (Braden) establishing a 'symbiotic relationship' between the Commonwealth and state-related universities like Pitt and Temple.
• Leanna Jaco v. Bloechle
  739 F.2d 239· 6th Cir.· 1984-07-24 ·cited 19×
  A Section 1983 civil rights claim can survive a decedent's death under Ohio law if the state's survival statute is not inconsistent with federal policy, even if the death was instantaneous.
• David Yashon, M.D. v. Ian W. Gregory, M.D.
  737 F.2d 547· 6th Cir.· 1984-06-20 ·cited 19×
  The court held that the district court erred by granting summary judgment sua sponte without proper notice and opportunity to respond, and that genuine issues of material fact remain regarding the plaintiff's property interest claim, entitling him to discovery.