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

• Walker v. A.L. Lockhart
  726 F.2d 1238· 8th Cir.· 1984-01-18 ·cited 19×
  The court, sitting en banc, granted a petition for recall of mandate and remanded the case to the district court to take evidence on new factual issues. These issues include testimony from Russell Kumpe and his former wife regarding Kumpe's alleged firing of a gun, and the admiss
• Marylee Benavidez v. Gunnell
  722 F.2d 615· 10th Cir.· 1983-12-08 ·cited 19×
  The court held that the prosecutor and police officers were entitled to qualified immunity because they acted in good faith and with probable cause, and that private parties were not liable under §§ 1983 or 1985 for merely reporting a state crime.
• Wells v. Doland
  711 F.2d 670· 5th Cir.· 1983-08-08 ·cited 19×
  A non-tenured professor has no property interest in continued employment absent a protected property or liberty interest, but may have a liberty interest if stigmatizing charges are made public and a hearing is denied.
• Todd v. Alton Baskerville
  712 F.2d 70· 4th Cir.· 1983-07-06 ·cited 19×·via 42 U.S.C. § 1983 Action
  The court affirmed the dismissal of the Holsey action as frivolous but remanded the Todd action for the district court to determine if changed circumstances (release from custody) would permit a § 1983 action without state exhaustion.
• Silas Alexander v. Chicago Park Dist.
  709 F.2d 463· 7th Cir.· 1983-06-03 ·cited 19×
  The court affirmed the denial of a preliminary injunction, finding that the plaintiffs failed to demonstrate a reasonable likelihood of success on the merits and that the balance of equities and public interest weighed against granting such relief at this preliminary stage.
• Weaver v. Jago
  675 F.2d 116· 6th Cir.· 1982-04-09 ·cited 19×
  The court held that a prisoner's claim of religious objection to a hair length regulation cannot be summarily dismissed and requires a balancing of the prisoner's First Amendment rights against the state's asserted security interests.
• Charles v. Wade
  665 F.2d 661· 5th Cir.· 1982-01-11 ·cited 19×
  Police officers testifying within the scope of their duties should have good-faith, qualified immunity from § 1983 liability, not absolute immunity.
• Collins v. Thomas
  649 F.2d 1203· 5th Cir.· 1981-07-10 ·cited 19×
• Canlis v. SAN Joaquin Sheriff's Posse Comitatus
  641 F.2d 711· 9th Cir.· 1981-04-06 ·cited 19×
  The court held that the district court did not err in dismissing the complaint because the "San Joaquin Sheriff's Posse Comitatus" did not act under color of state law for § 1983 claims, and the appellants were not federal officers protected by § 1985(1), nor did they belong to a
• Spicer v. Hilton
  618 F.2d 232· 3d Cir.· 1980-02-28 ·cited 19×
  The court held that a suit for prospective injunctive relief against a state directly under the Fourteenth Amendment is barred by the Eleventh Amendment, but remanded for the plaintiff to amend his complaint to sue the appropriate state official.
• Zorick v. Tynes
  372 So. 2d 133· Fla. 1st DCA· 1979-06-08 ·cited 19×·via 42 U.S.C. § 1983 Claim
  A blind applicant who was offered but then denied employment as a physical education teacher challenged his rejection under Florida and federal disability laws. The court held that Florida's anti-discrimination statute requires public school employers to give disabled applicants
• Francis-Sobel v. Univ. OF Me.
  597 F.2d 15· 1st Cir.· 1979-05-03 ·cited 19×
  The court held that the plaintiff's allegations regarding the EEOC's administrative processing of her complaints did not state a claim for a constitutional violation or conspiracy, and thus the dismissal was proper.
• Davis v. Or. State Univ.
  591 F.2d 493· 9th Cir.· 1978-11-13 ·cited 19×
  A claim for violation of a liberty interest does not survive the death of the individual whose interest was allegedly violated, and absent a protectable liberty interest, a § 1983 claim for damages is not viable.
• Hyland v. Fukuda
  580 F.2d 977· 9th Cir.· 1978-08-21 ·cited 19×
  The court held that federal statutes prohibiting felons from receiving firearms apply to a convicted felon employed by the state as a corrections officer, even if state law would permit such employment.
• Inmates OF the Nebraska Penal AND Correctional Complex v. Greenholtz
  576 F.2d 1274· 8th Cir.· 1978-05-18 ·cited 19×
  The Fourteenth Amendment's due process clause applies to parole release determinations, requiring certain procedural safeguards. However, the full panoply of rights afforded in criminal prosecutions is not required.
• Humble v. Foreman
  563 F.2d 780· 5th Cir.· 1977-11-23 ·cited 19×
  The court held that the plaintiff's civil rights action was barred by judicial and prosecutorial immunity and the statute of limitations.
• Miller v. Carson
  563 F.2d 757· 5th Cir.· 1977-11-23 ·cited 19×
  The court held that the district court properly exercised pendent jurisdiction over state law claims concerning jail conditions, and that the order continuing an injunction was appealable.
• Parnell v. Rapides Parish Sch. Bd.
  563 F.2d 180· 5th Cir.· 1977-11-17 ·cited 19×
  The court held that the district court did not err in finding the LeBlanc reapportionment plan invalid due to its use of multi-member districts and vote dilution, but modified the remedy to order police jury elections sooner.
• Krause v. Rhodes
  570 F.2d 563· 6th Cir.· 1977-09-12 ·cited 19×
  The Governor was entitled to a directed verdict as a matter of law, and any other trial errors were harmless. The jury issue regarding threats against a juror should be remanded for an evidentiary hearing.
• In re Stump
  449 F.2d 1297· 1st Cir.· 1971-10-29 ·cited 19×
  The court held that the district court did not abuse its discretion in denying a prisoner leave to proceed in forma pauperis when he had a cash credit with the warden.
• Anderson v. Haas
  341 F.2d 497· 3d Cir.· 1965-02-12 ·cited 19×
  The court held that the legality of an arrest under 42 U.S.C. § 1983 is determined by federal constitutional standards, not state law, and that the officers had probable cause to arrest the plaintiff.
• Williams v. Polk Cnty. Sheriff's Off.
  192 F. Supp. 3d 1353· M.D. Fla.· 2023-10-20 ·cited 18×
  A governmental entity is not liable under 42 U.S.C. § 1983 based solely on respondeat superior; liability requires proof of an official policy or custom that caused the constitutional violation.
• Lyncoln Danglar v. State of Ga.
  50 F.4th 54· 11th Cir.· 2022-09-29 ·cited 18×
  The court held that a civilly detained individual, such as an immigration detainee, is not a "prisoner" under the Prison Litigation Reform Act (PLRA), and therefore the PLRA's early screening and fee provisions do not apply to their actions.
• Bradley v. Officer Casey Benton
  10 F.4th 1232· 11th Cir.· 2021-08-26 ·cited 18×
  The court held that Officer Benton had reasonable suspicion for the traffic stop and pursuit, but his decision to tase Robinson while on an elevated wall violated clearly established law against excessive force.
• Ruiz v. Officer Jennifer Wing
  991 F.3d 1130· 11th Cir.· 2021-03-12 ·cited 18×
  A pro se motion for a new trial, even if stricken as unauthorized, tolls the time for filing a notice of appeal if filed within the time allowed by rule. However, the court affirmed the judgment as none of the appellant's claims had merit.
• Price v. Comm'r, Ala. Dep't OF Corr., Warden, Holman Corr. Facility
  920 F.3d 1317· 11th Cir.· 2019-04-10 ·cited 18×
  The court affirmed the denial of the summary judgment and preliminary injunction motions, and denied the stay of execution because the appellant failed to show a substantial likelihood of success on the merits of his claims.
• Alvarez v. Attorney Gen. FOR the State of Fla.
  679 F.3d 1257· 11th Cir.· 2012-05-08 ·cited 18×
  Carl Robert Alvarez, convicted in 1991 of first-degree murder, sexual battery, and aggravated child abuse, appealed a district court dismissal of his § 1983 civil rights action challenging Florida's denial of his petition for postconviction DNA testing. The Eleventh Circuit affir
• Dahly v. Dep't OF Child. & Fam. Servs.
  876 So. 2d 1245· Fla. 2d DCA· 2004-07-02 ·cited 18×·via Violation Of 42 U.S.C. § 1983
  Ronald Dahly, former executive director of a nonprofit providing services for developmentally disabled adults, appealed a partial summary judgment dismissing most of his claims against the Department of Children and Family Services and its officials for alleged tortious conduct,
• Thompson v. Jarrod S. Douds
  852 So. 2d 299· Fla. 2d DCA· 2003-07-18 ·cited 18×
  Thompson appealed a summary judgment dismissing her excessive force claims against seven Tampa police officers who detained Robert Magyar, resulting in his permanent vegetative state. The court reversed, holding that the trial court applied an incorrect legal standard for qualifi
• Gowan v. BAY Cnty.
  744 So. 2d 1136· Fla. 1st DCA· 1999-10-27 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the trial court abused its discretion by dismissing the appellant's claims against CCA with prejudice, as the allegations, though inartfully pleaded, were sufficient to withstand dismissal at this stage.
• Ammons v. Okeechobee Cnty.
  710 So. 2d 641· Fla. 4th DCA· 1998-04-15 ·cited 18×
  Lisa Ammons and other appellants sought damages and injunctive relief after Okeechobee County revoked their occupational license for a commercial aluminum business, claiming the county was equitably estopped from doing so and that their constitutional rights were violated. The Fo
• Fla. Game & Freshwater Fish Comm'n & the Dep't of Env't Prot. v. Denzel Dockery
  676 So. 2d 471· Fla. 1st DCA· 1996-06-11 ·cited 18×
  The Florida Game and Freshwater Fish Commission and Department of Environmental Protection appealed a judgment awarding $625,000 in false arrest damages to Denzel Dockery, challenging the trial court's finding that no probable cause existed for his arrest. The appellate court rev
• Rogers v. C.W. Miller
  57 F.3d 986· 11th Cir.· 1995-06-22 ·cited 18×
  Four members of the Brevard County Sheriff's Department sued under 42 U.S.C. § 1983, alleging that Sheriff C.W. Miller and supervisory defendants violated their First Amendment rights by taking adverse employment action in retaliation for their political support of Miller's oppon
• McRAE v. Douglas
  644 So. 2d 1368· Fla. 5th DCA· 1994-09-30 ·cited 18×
  Kenneth McRae, a correctional officer and deputy sheriff appointed by the Putnam County Sheriff, appealed the dismissal of his four-count complaint alleging wrongful discharge. The court affirmed dismissal, holding that appointed deputy sheriffs and correctional officers lack a c
• Tucker v. Resha
  610 So. 2d 460· Fla. 1st DCA· 1992-10-12 ·cited 18×
  Tucker, an Executive Director of Florida's Department of Revenue, sought common-law certiorari review of an order denying her motion for summary judgment on qualified immunity grounds in a federal civil rights action. The court declined to expand interlocutory review of non-final
• Mitchell v. Toledo Hosp.
  964 F.2d 577· 6th Cir.· 1992-05-21 ·cited 18×
  The court held that the employee handbook's 'misuse' provision was not clearly established as a basis for termination, creating a genuine issue of material fact regarding pretext for discrimination.
• Brummett v. Camble
  946 F.2d 1178· 5th Cir.· 1991-11-14 ·cited 18×
  Prosecutors are absolutely immune from § 1983 liability for initiating prosecutions, even if they have a conflict of interest or act in a private capacity. A § 1983 malicious prosecution claim accrues upon favorable termination of the underlying criminal proceeding.
• Johnson v. Moore
  948 F.2d 517· 9th Cir.· 1991-10-09 ·cited 18×
  The court held that claims for injunctive relief were moot due to inmate transfer, and claims for damages were barred by qualified immunity or lacked merit. Summary judgment for the defendant was affirmed.
• Abdul Muhammad Samaad v. City OF Dallas
  940 F.2d 925· 5th Cir.· 1991-08-23 ·cited 18×
  The court held that a Rule 54(b) judgment was potentially available, the takings claim was unripe because state remedies were not exhausted, and no constitutional taking occurred, affirming summary judgment on that claim.
• Henderson v. DeROBERTIS
  940 F.2d 1055· 7th Cir.· 1991-08-15 ·cited 18×
  Prison officials are not entitled to qualified immunity when their conduct violates clearly established constitutional rights, even during emergency conditions.
• Yates v. City OF Cleveland
  941 F.2d 444· 6th Cir.· 1991-08-12 ·cited 18×
  Qualified immunity is not available for excessive force claims because the knowledge that excessive force is impermissible is sufficient for an officer to know they are violating clearly established law.
• Nell A. Cammack v. Waihee
  932 F.2d 765· 9th Cir.· 1991-04-30 ·cited 18×
  The court held that declaring Good Friday a state holiday violates the Establishment Clause of the First Amendment.
• Mariam Long v. Norris
  929 F.2d 1111· 6th Cir.· 1991-04-03 ·cited 18×
  The court held that the wardens are entitled to qualified immunity regarding the Fourth and First Amendment claims, but not the Fourteenth Amendment claim concerning the inmates' liberty interest in visitation.
• Street v. Parham
  929 F.2d 537· 10th Cir.· 1991-03-25 ·cited 18×
  It was error to instruct the jury on qualified immunity after they found that the force used was unreasonable, as the determination of unreasonable force inherently resolves the qualified immunity question in excessive force cases.
• Bishop v. Aronov
  926 F.2d 1066· 11th Cir.· 1991-03-15 ·cited 18×
  The court held that a university classroom is not an open forum during instructional time and that the University's restrictions on a professor's religious speech were reasonably related to legitimate pedagogical concerns.
• Natale v. Town OF Ridgefield
  927 F.2d 101· 2d Cir.· 1991-03-05 ·cited 18×
  The court held that John Katz is entitled to qualified immunity for actions taken before the state court clarified the Natales' property rights, and that the Commission's appeal from the denial of summary judgment is not immediately appealable.
• Burns v. The City OF Galveston
  905 F.2d 100· 5th Cir.· 1990-07-11 ·cited 18×
  The court held that the city's failure to adhere to its hourly cell check policy and its alleged inadequate training of officers did not rise to the level of deliberate indifference required for a § 1983 claim, as the actions did not cause the detainee's suicide and there is no c
• Bradier Steve Landol-Rivera v. Cosme
  906 F.2d 791· 1st Cir.· 1990-06-20 ·cited 18×
  The court held that an accidental shooting of a hostage by police during a pursuit does not constitute a Fourth Amendment seizure, and a due process claim requires more than negligence.
• Melva A. Schalk v. Gallemore
  906 F.2d 491· 10th Cir.· 1990-06-20 ·cited 18×
  The court held that the employee's speech regarding hospital waste and inefficiency constituted a matter of public concern protected by the First Amendment, but the administrator was entitled to qualified immunity from individual liability.
• Meador v. Cabinet FOR Human Resources
  902 F.2d 474· 6th Cir.· 1990-05-08 ·cited 18×
  The court held that the magistrate erred in dismissing the complaint, as the children's placement in a state-regulated foster home created a special relationship giving rise to a due process right to safety, and Kentucky statutes created an entitlement to protective services.