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

• A.W. v. Coweta Cnty. Sch. Dist.
  110 F.4th 1309· 11th Cir.· 2024-08-07 ·cited 16×
  Title II of the ADA does not allow recovery of emotional distress damages, but a dismissal was premature if other relief could be granted. Claims under Section 1983 for constitutional violations failed because the alleged abuse did not shock the conscience.
• English v. Officer Jonathan Fowler
  75 F.4th 1151· 11th Cir.· 2023-07-27 ·cited 16×
  The Eleventh Circuit dismissed the appeal for lack of jurisdiction because the denial of summary judgment turned on issues of evidentiary sufficiency, not purely legal questions.
• Benning v. Comm'r, Ga. Dep't of Corr.
  71 F.4th 1324· 11th Cir.· 2023-06-23 ·cited 16×
  An inmate in a Georgia prison challenged the Georgia Department of Corrections' policy of intercepting and censoring his outgoing emails without providing notice or an opportunity to appeal, claiming violations of his First Amendment and Fourteenth Amendment due process rights. T
• Fort Lauderdale Food Not Bombs v. City of Fort Lauderdale
  11 F.4th 1266· 11th Cir.· 2021-08-31 ·cited 16×
  Fort Lauderdale Food Not Bombs challenged city ordinances and park rules that effectively prohibited food-sharing demonstrations by requiring permits subject to standardless official discretion. The Eleventh Circuit Court of Appeals held that while the city had legitimate interes
• Wate v. Kubler
  839 F.3d 1012· 11th Cir.· 2016-10-12 ·cited 16×
  James Clifton Barnes died two days after being tasered five times by Deputy Sheriff Kenneth Kubler during an arrest at a Florida beach. The Eleventh Circuit affirmed the district court's denial of qualified immunity, holding that Kubler's repeated use of the Taser after Barnes wa
• Moore v. Miami-Dade Cnty.
  502 F. Supp. 2d 1224· S.D. Fla.· 2007-07-18 ·cited 16×
  The court held that the plaintiff failed to state a claim against the county under 42 U.S.C. § 1983 and that the defendant officers were entitled to qualified immunity due to insufficient factual allegations.
• Robinson v. Crosby
  358 F.3d 1281· 11th Cir.· 2004-02-03 ·cited 16×
  A death-row inmate filed a § 1983 lawsuit two days before his scheduled execution, challenging lethal injection as cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. The Eleventh Circuit affirmed the district court's dismissal for lack of jurisdict
• Dickinson v. Marla E. Gonzalez
  839 So. 2d 709· Fla. 3d DCA· 2003-01-02 ·cited 16×
  The Third District Court of Appeal reversed a damages judgment against the Florida Department of Highway Safety and Motor Vehicles and Trooper Jacqueline Gipson for false arrest and civil rights violations arising from an allegedly improper DUI arrest. The court held that the Dep
• Gardens Country Club, Inc. v. Palm Beach Cnty.
  712 So. 2d 398· Fla. 4th DCA· 1998-03-11 ·cited 16×
  Gardens Country Club sought damages for inverse condemnation and due process violations after Palm Beach County refused to certify its development application under the 1980 Comprehensive Plan, instead requiring compliance with a proposed 1989 Plan that reduced allowable density.
• Tallahassee Mem'l Reg'l Med. Ctr. v. Cook
  109 F.3d 693· 11th Cir.· 1997-04-08 ·cited 16×
  Two Florida hospitals challenged the state's Medicaid reimbursement system under the Boren Amendment for failing to compensate them for "grace days"—days adolescent psychiatric patients remained hospitalized after medical necessity for inpatient care ended but before placement in
• Taylor v. Fla. State Fair Auth.
  875 F. Supp. 812· M.D. Fla.· 1995-02-03 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court granted plaintiff's motion for leave to amend her complaint and denied defendant's motion to dismiss.
• Chapman v. Nichols
  989 F.2d 393· 10th Cir.· 1993-03-23 ·cited 16×
  The court held that a policy of strip searching minor offense detainees without reasonable suspicion is unconstitutional and that the law was clearly established, thus denying qualified immunity to the Sheriff.
• Albright v. Oliver
  975 F.2d 343· 7th Cir.· 1992-09-14 ·cited 16×
  A malicious prosecution claim, absent incarceration or other palpable consequences, is not actionable as a constitutional tort under the Due Process Clause, and the restriction on travel imposed by bond conditions does not violate the right to travel.
• Talmadge McDONALD, III v. Haskins
  966 F.2d 292· 7th Cir.· 1992-07-01 ·cited 16×
  The court held that the complaint sufficiently pleaded a violation of a clearly established constitutional right to survive a motion to dismiss based on qualified immunity.
• Caldwell v. City OF Elwood
  959 F.2d 670· 7th Cir.· 1992-04-01 ·cited 16×
  A plaintiff must sufficiently allege that disciplinary action was taken because of constitutionally protected speech and, for municipal liability, must plead a custom or policy, not just a single incident.
• Manarite v. City OF Springfield
  957 F.2d 953· 1st Cir.· 1992-03-05 ·cited 16×
  The court held that the municipality and police chief were not liable under § 1983 for the detainee's suicide, as their actions did not rise to the level of deliberate indifference, and a minor child cannot assert a claim for loss of familial association when the state action was
• Rodriques v. Furtado
  950 F.2d 805· 1st Cir.· 1991-12-05 ·cited 16×
  A manual body cavity search conducted by a physician pursuant to a facially valid warrant issued upon probable cause is not unreasonable under the Fourth Amendment, and the physician and the officer seeking the warrant are entitled to qualified immunity.
• DesROSIERS v. Moran
  949 F.2d 15· 1st Cir.· 1991-11-15 ·cited 16×
  The court held that the plaintiff failed to prove deliberate indifference to a serious medical need, and thus did not establish an Eighth Amendment violation.
• Winston v. Child. & Youth Servs. OF Del. Cnty.
  948 F.2d 1380· 3d Cir.· 1991-11-07 ·cited 16×
  The court held that the plaintiffs' request for declaratory relief regarding visitation policies was not moot, and the Adoption Assistance and Child Welfare Act's "reasonable efforts" clause creates enforceable rights, though a specific minimum visitation period was not establish
• Temkin v. Frederick Cnty. Comm'rs
  945 F.2d 716· 4th Cir.· 1991-09-12 ·cited 16×
  The court held that the deputy sheriff's conduct during a high-speed chase did not "shock the conscience" and thus did not violate substantive due process under 42 U.S.C. § 1983. Consequently, the county commissioners were also not liable for failure to adopt adequate policies.
• Wilson v. Mel Bailey
  934 F.2d 301· 11th Cir.· 1991-06-24 ·cited 16×·via Section 1983
  The court held that the district court did not err in granting summary judgment for the Personnel Board and the County, and that its findings regarding the Sheriff's promotion decisions were not clearly erroneous.
• Kroll v. Bd. OF Trs. OF the Univ. OF Ill.
  934 F.2d 904· 7th Cir.· 1991-06-17 ·cited 16×
  A state's statutory language must unequivocally express an intent to waive Eleventh Amendment immunity in federal court; ambiguous language is insufficient.
• Thelma D. and Dawn D. v. The Bd. OF Educ. OF the City OF ST. Louis
  934 F.2d 929· 8th Cir.· 1991-05-29 ·cited 16×
  A local governmental entity cannot be held liable under 42 U.S.C. § 1983 for a custom of failing to investigate or train unless there is a widespread pattern of misconduct and the entity had notice, which was not shown here.
• Arvil Hall v. Shipley
  932 F.2d 1147· 6th Cir.· 1991-05-08 ·cited 16×
  The court held that officers are entitled to qualified immunity for the unannounced, forced entry into the apartment because the right was not clearly established in the circuit under the circumstances. However, the court affirmed the denial of summary judgment on the claim that
• Stephen Rindley, D.D.S. v. Gallagher
  929 F.2d 1552· 11th Cir.· 1991-04-30 ·cited 16×
  The court held that the district court erred in dismissing the lawsuit based on Pullman and Burford abstention doctrines, as there were no unsettled questions of state law that would avoid the federal constitutional issues, nor would federal review disrupt state regulatory effort
• Kaminsky v. Rosenblum
  929 F.2d 922· 2d Cir.· 1991-04-09 ·cited 16×
  The court held that it lacked appellate jurisdiction to hear the appeal from the denial of summary judgment because the resolution of the qualified immunity defense turned on disputed issues of fact.
• Isabella E. Allen v. Denver Pub. Sch. Bd.
  928 F.2d 978· 10th Cir.· 1991-03-26 ·cited 16×
  The court affirmed the district court's rulings, finding no error in the dismissal of civil rights claims and the granting of summary judgment on remaining claims, and affirming the denial of attorney's fees.
• McEWEN v. The City OF Norman
  926 F.2d 1539· 10th Cir.· 1991-03-01 ·cited 16×
  The court held that the plaintiff failed to preserve most issues for appeal due to lack of contemporaneous objections at trial, and that the admitted evidence and jury instructions did not constitute plain error.
• Hammontree v. Nat'l Labor Relations Bd.
  925 F.2d 1486· D.C. Cir.· 1991-02-12 ·cited 16×
  The National Labor Relations Board (NLRB) may properly defer to grievance and arbitration procedures established by a collective bargaining agreement, even when the underlying claim involves statutory rights, provided the proceedings are fair and regular, all parties agree to be
• Torraco v. Maloney
  923 F.2d 231· 1st Cir.· 1991-01-18 ·cited 16×
  The court held that the record contained insufficient evidence of deliberate indifference to the inmate's mental health or safety needs to overcome summary judgment.
• Casilda Nunez-Soto v. Alvarado
  918 F.2d 1029· 1st Cir.· 1990-11-21 ·cited 16×
  The court held that the law was not clearly established in 1985 regarding whether a politically motivated demotion of a career civil servant violated the Constitution, thus defendants are entitled to qualified immunity from the damages claim.
• Oather Jefferson Samples v. City OF Atlanta
  916 F.2d 1548· 11th Cir.· 1990-11-13 ·cited 16×
  The court held that the district court did not err in its jury instructions or in admitting certain expert testimony and evidence regarding criminal records.
• de Jesus v. Banco Popular de Puerto RICO
  918 F.2d 232· 1st Cir.· 1990-10-31 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court abused its discretion by denying a prevailing plaintiff's request for attorney's fees under the Truth in Lending Act solely because the jury awarded a "generous" amount.
• Turner v. Upton Cnty.
  915 F.2d 133· 5th Cir.· 1990-09-11 ·cited 16×
  A county can be held liable under 42 U.S.C. § 1983 for the actions of its sheriff if the sheriff is the final policymaker for law enforcement and abuses that authority, even without proof of an official county policy or custom.
• Wesson v. Lt. Roy Oglesby
  910 F.2d 278· 5th Cir.· 1990-09-05 ·cited 16×
  The court held that a prisoner's claims of excessive force and denial of medical treatment lacked an arguable legal basis, even though the magistrate improperly made credibility determinations.
• Breuer v. Hart
  909 F.2d 1035· 7th Cir.· 1990-08-09 ·cited 16×
  The court held that while the deputy sheriff's speech involved matters of public concern, his disruptive conduct and the sheriff's interest in maintaining departmental efficiency and discipline outweighed the deputy's free speech rights.
• Bailey v. Wood
  909 F.2d 1197· 8th Cir.· 1990-07-31 ·cited 16×
  The court held that there was insufficient evidence to show the Warden acted with deliberate indifference or reckless disregard for the inmate's safety, thus reversing the jury's verdict.
• Magda Marin Piazza v. Awilda Aponte Roque
  909 F.2d 35· 1st Cir.· 1990-07-25 ·cited 16×
  The court held that the appellants' failure to perfect a timely and proper appeal within the prescribed time limits mandates dismissal for want of jurisdiction.
• Braley v. City OF Pontiac
  906 F.2d 220· 6th Cir.· 1990-06-19 ·cited 16×
  The court held that Braley's federal claims were moot because he had received substantial satisfaction in state court for the same underlying injuries, and he failed to state a constitutional claim actionable under § 1983.
• Roman v. Jeffes
  904 F.2d 192· 3d Cir.· 1990-06-08 ·cited 16×
  Dismissal of a complaint as frivolous under 28 U.S.C. § 1915(d) is inappropriate after service of process has been made on the defendants. Alternatively, the complaint had arguable merit, precluding such dismissal.
• Panozzo v. S.A. Rhoads
  905 F.2d 135· 7th Cir.· 1990-06-06 ·cited 16×
  The court held that the plaintiff received adequate notice and an opportunity to present his side of the story, thus satisfying due process requirements.
• Fyfe v. Curlee
  902 F.2d 401· 5th Cir.· 1990-06-05 ·cited 16×
  The court held that a public school district violated an employee's First and Fourteenth Amendment rights by transferring her to a menial position in retaliation for enrolling her child in private school, and that the district failed to demonstrate the transfer was necessary for
• Lewis v. City OF FT. Collins
  903 F.2d 752· 10th Cir.· 1990-05-14 ·cited 16×
  The court held that the district court erred in denying summary judgment based on qualified immunity, as the appellants made a sufficient showing of objective reasonableness and the plaintiff failed to produce specific evidence of discriminatory motive or to properly justify furt
• Gale Coker v. Sullivan
  902 F.2d 84· D.C. Cir.· 1990-05-04 ·cited 16×
  The Administrative Procedure Act (APA) does not provide a right of action for plaintiffs to compel the Department of Health and Human Services (HHS) to enforce state compliance with Emergency Assistance (EA) plans, as such enforcement decisions are generally committed to agency d
• Givens v. Jones
  900 F.2d 1229· 8th Cir.· 1990-04-09 ·cited 16×
  The court held that the defendants are entitled to qualified immunity because their actions did not violate clearly established constitutional rights at the time of the incidents.
• Wheeler v. City OF Pleasant Grove
  896 F.2d 1347· 11th Cir.· 1990-03-22 ·cited 16×
  The court held that the district court erred in its calculation of damages for a temporary regulatory taking, and awarded a specific amount based on the market rate return on the lost development value.
• Miltier v. Beorn
  896 F.2d 848· 4th Cir.· 1990-02-20 ·cited 16×
  The court held that the district court erred in granting summary judgment for the treating physicians and nurses, as a reasonable jury could find deliberate indifference. However, the court affirmed summary judgment for supervisory defendants, finding insufficient evidence of the
• Leach v. Shelby Cnty. Sheriff & Mayor of Shelby Cnty.
  891 F.2d 1241· 6th Cir.· 1989-12-20 ·cited 16×
  A municipality can be held liable under 42 U.S.C. § 1983 for deliberate indifference to a prisoner's serious medical needs, even if medical care is subcontracted, if the failure to supervise or the ratification of unconstitutional acts amounts to an official policy or custom.
• Friedrich v. City OF Chicago & Fred Rice
  888 F.2d 511· 7th Cir.· 1989-10-31 ·cited 16×
  The Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. § 1988, allows for the recovery of expert witness fees as part of costs, even though the statute literally refers only to 'attorney's fees'. This interpretation is based on the Act's purpose to restore pre-Alyeska equ
• Ortiz v. VAN Auken
  887 F.2d 1366· 9th Cir.· 1989-10-27 ·cited 16×
  An officer is entitled to qualified immunity when they reasonably rely on the advice of legal counsel and a magistrate's determination of probable cause, even if the warrant is later found to be unsupported.