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

• Guyton v. Phillips
  606 F.2d 248· 9th Cir.· 1979-08-16 ·cited 15×
  The Civil Rights Act does not provide a cause of action for alleged violations of a deceased person's civil rights that occurred after their death.
• Woodard v. Va. Bd. OF BAR Exam'rs
  598 F.2d 1345· 4th Cir.· 1979-05-24 ·cited 15×
  The court held that Title VII does not apply to the bar examination and that other claims were properly dismissed for lack of jurisdiction.
• Miller v. Williams
  590 F.2d 317· 9th Cir.· 1979-01-29 ·cited 15×
  The court held that the employee's claims of retaliation under Title VII and due process violations were without merit, affirming the summary judgment granted to the employer.
• Brooks v. Flagg Bros., Inc.
  553 F.2d 764· 2d Cir.· 1977-04-07 ·cited 15×
  The adoption of New York Uniform Commercial Code sections 7-209 and 7-210, which grant warehousemen a lien and power of sale, does not constitute state action for purposes of the Fourteenth Amendment.
• Shaw v. Dolph Briscoe
  541 F.2d 489· 5th Cir.· 1976-10-29 ·cited 15×
  The court held that the inmates' claims regarding Texas parole procedures, including due process rights and the Governor's role, do not present a federal constitutional issue and were previously rejected.
• Vorchheimer v. Sch. Dist. OF Philadelphia & Matthew W. Costanzo
  532 F.2d 880· 3d Cir.· 1976-03-16 ·cited 15×
  Public school systems may maintain limited, voluntary single-sex high schools if educational opportunities are essentially equal, as this does not violate the Constitution or federal law.
• Fowler v. Schwarzwalder
  498 F.2d 143· 8th Cir.· 1974-06-07 ·cited 15×
  The court held that the district court erred in denying attorney's fees solely on the absence of bad faith, and should reconsider the award under the 'private attorney general' doctrine.
• Reverend William H. Simpson and Mrs. Crispina Simpson v. Wells Lamont Corp.
  494 F.2d 490· 5th Cir.· 1974-05-24 ·cited 15×
  Civil courts lack subject matter jurisdiction over purely ecclesiastical disputes, including a pastor's dismissal and eviction from a church-owned parsonage, due to the First Amendment's protection of religious freedom.
• Lontine v. VanCLEAVE
  483 F.2d 966· 10th Cir.· 1973-08-27 ·cited 15×
  Sheriff's deputies have a First Amendment right to join a labor union and cannot be discharged for membership absent a compelling state interest. The district court correctly granted summary judgment on injunctive relief but must reconsider the damages award.
• Azar v. Conley
  480 F.2d 220· 6th Cir.· 1973-06-11 ·cited 15×
  The court held that an order dismissing a complaint without prejudice to amend is not a final appealable order under 28 U.S.C. § 1291.
• Goetz v. Ansell
  477 F.2d 636· 2d Cir.· 1973-04-19 ·cited 15×
• Johnson v. Greer
  477 F.2d 101· 5th Cir.· 1973-04-02 ·cited 15×
  The court held that the jury instruction on proximate cause for the shoulder injury was improper, requiring a new trial on damages. However, the finding of false imprisonment was affirmed.
• Young v. Louie L. Wainwright
  449 F.2d 338· 5th Cir.· 1971-10-05 ·cited 15×
  The court held that federal courts are reluctant to interfere with prison administration and management decisions absent extreme circumstances.
• Strasser v. Doorley
  432 F.2d 567· 1st Cir.· 1970-10-09 ·cited 15×
  The court held that the ordinance's registration and badge requirements unconstitutionally burden free speech, but vacated the injunction against state prosecutions due to comity concerns.
• Jones v. Alfred H. Mayer Co.
  379 F.2d 33· 8th Cir.· 1967-06-26 ·cited 15×
  The court held that the Civil Rights Act of 1866, codified as 42 U.S.C. § 1982, prohibits racial discrimination in the sale or lease of property, regardless of whether state action is involved.
• The Florida BAR v. Kelsay Dayon Patterson
  257 So. 3d 56· Fla.· 2018-10-19 ·cited 14×
  The Florida Supreme Court reviewed a disciplinary case against attorney Kelsay Dayon Patterson, who represented a client in litigation against the City of Homestead. The Court found Patterson guilty of violating multiple Bar Rules, including conflict of interest, impugning judici
• Johnson v. State of Fla's. Dep't OF Health & Rehabilitative Servs.
  695 So. 2d 927· Fla. 2d DCA· 1997-06-27 ·cited 14×
  Julie Johnson appealed the dismissal of her complaint arising from the forcible seizure of her children by HRS and a St. Petersburg police officer at a church in 1989. The court partially affirmed and partially reversed the dismissal, allowing several claims to proceed including
• Dep't OF Educ. v. ROE
  656 So. 2d 507· Fla. 1st DCA· 1995-05-12 ·cited 14×
  The Florida District Court of Appeal reconsidered its prior opinion reversing a trial court's denial of the Department of Education's motion to dismiss. Upon rehearing, the court withdrew its previous opinion and denied certiorari review, holding that denial of a motion to dismis
• Higgs v. Fla. Dep't OF Corr.
  647 So. 2d 962· Fla. 1st DCA· 1994-12-07 ·cited 14×
  An inmate filed a § 1983 action alleging a prison physician was deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. The trial court dismissed the complaint, reasoning it was based merely on the failure to order x-rays. The appellate court r
• Resolution Tr. Corp. for Broadview Fed. Sav. Bank v. Town OF Highland Beach
  18 F.3d 1536· 11th Cir.· 1994-04-19 ·cited 14×
  The Eleventh Circuit affirmed the district court's grant of injunctive relief and damages award against the Town of Highland Beach for violating a developer's vested property rights in residential plan unit development (RPUD) zoning. The Town's mayor issued a letter in 1980 confi
• Cole v. C.E. Bone
  993 F.2d 1328· 8th Cir.· 1993-05-17 ·cited 14×
  The court held that the pursuit itself did not constitute a seizure under the Fourth Amendment, and the eventual shooting of the driver by an officer was an objectively reasonable use of deadly force. Therefore, the officers were entitled to qualified immunity.
• Pottinger v. City of Miami
  810 F. Supp. 1551· S.D. Fla.· 1992-11-16 ·cited 14×
  The court held that the City of Miami's custom and practice of arresting homeless individuals for essential life-sustaining activities in public places violated their constitutional rights, warranting injunctive relief.
• Rhyne v. Henderson Cnty.
  973 F.2d 386· 5th Cir.· 1992-09-14 ·cited 14×
  The plaintiff failed to prove that the defendant-municipality acted with deliberate indifference towards the mental health needs of pretrial detainees, despite a detainee's suicide.
• Williams v. Anderson
  959 F.2d 1411· 7th Cir.· 1992-04-09 ·cited 14×
  The court held that the defendants are shielded from the plaintiff's damages claim by qualified immunity because it was not clearly established in 1985 that their actions violated constitutional rights. The court vacated and remanded the injunctive relief claim for further consid
• Leatherman v. Tarrant Cnty. Narcotics Intelligence & Coordination Unit
  954 F.2d 1054· 5th Cir.· 1992-02-28 ·cited 14×
  The court affirmed the dismissal of the section 1983 claims against the municipalities because the plaintiffs failed to satisfy the circuit's heightened pleading requirement for allegations of inadequate training.
• Duckett v. The City OF Cedar Park
  950 F.2d 272· 5th Cir.· 1992-01-10 ·cited 14×
  The court held that police officers are entitled to qualified immunity because their actions in arresting and detaining an individual based on a facially valid warrant, despite conflicting information about its withdrawal, were objectively reasonable.
• Waisome v. The Port Auth. OF NEW York & NEW Jersey
  948 F.2d 1370· 2d Cir.· 1991-11-19 ·cited 14×
  The court held that the district court erred in failing to consider whether the written examination had a disparate impact based on the minimum score required for promotion, and that the promotion rates themselves showed a disparate impact.
• Miller v. Glanz
  948 F.2d 1562· 10th Cir.· 1991-11-18 ·cited 14×
  The court held that a district court's consideration of matters outside the pleadings on a Rule 12(b)(6) motion is reversible error unless harmless, and that witnesses have absolute immunity from civil liability for conspiracy to present perjured testimony.
• Midnight Sessions, Ltd. v. City OF Philadelphia
  945 F.2d 667· 3d Cir.· 1991-10-02 ·cited 14×
  The court held that the City should have been granted judgment notwithstanding the verdict on the takings and procedural due process claims, and on Down South's substantive due process claim, but After Midnight's substantive due process claim requires a new trial.
• Posr Amojo Posr v. N.Y. City Police Officer Kevin Doherty
  944 F.2d 91· 2d Cir.· 1991-09-10 ·cited 14×
  The court held that the district court erred in setting aside the jury's false arrest verdict against Officer Holihan and in its jury instructions on malicious prosecution, remanding both claims for a new trial.
• Elliott v. Cheshire Cnty.
  940 F.2d 7· 1st Cir.· 1991-07-25 ·cited 14×
  Summary judgment for corrections personnel is vacated and remanded because a genuine issue of material fact exists regarding whether they had notice of the detainee's suicidal tendencies. Summary judgment for the county and arresting officer is affirmed.
• Bouman v. Block
  940 F.2d 1211· 9th Cir.· 1991-07-23 ·cited 14×
  The court affirmed the district court's findings on timely filing, standing, and most discrimination claims, but remanded for further findings on specific issues including policy authority, back pay, punitive damages, and attorney's fees.
• Millspaugh v. Cnty. Dep't OF Pub. Welf. OF Wabash Cnty.
  937 F.2d 1172· 7th Cir.· 1991-07-15 ·cited 14×
  Social workers are entitled to absolute immunity for actions taken in presenting a case to a court, and qualified immunity for actions in gathering evidence or taking initial custody, provided those actions were objectively reasonable.
• Bennie Brewer v. Chauvin
  938 F.2d 860· 8th Cir.· 1991-07-10 ·cited 14×
  A plaintiff awarded back pay for a procedural due process violation must prove that the deprivation of property would not have occurred if proper procedures had been followed; otherwise, back pay is a windfall.
• Marsh v. ARN
  937 F.2d 1056· 6th Cir.· 1991-06-25 ·cited 14×
  The court should have allowed the jury's verdict against Furrow to stand, as the Eighth Amendment right to protection from inmate attack was clearly established.
• Donaghy v. City OF Omaha
  933 F.2d 1448· 8th Cir.· 1991-05-24 ·cited 14×
  The court held that a plaintiff challenging race-conscious employment decisions made pursuant to a consent decree must prove the decree was not remedial or not narrowly tailored, and that the trial court properly granted a directed verdict when no such evidence was presented.
• Pearson v. Gatto
  933 F.2d 521· 7th Cir.· 1991-05-23 ·cited 14×
  The court held that the district court should have liberally construed the pro se plaintiff's letter as an amended complaint, and that the district court did not abuse its discretion in allowing a late notice of appeal.
• Hendrickson v. Branstad
  934 F.2d 158· 8th Cir.· 1991-05-23 ·cited 14×
  The court held that while the plaintiff was a prevailing party entitled to attorney's fees, the district court erred in granting a twenty-five percent enhancement based on the results achieved and the contingent nature of the case, as these factors were already reflected in the l
• Romero v. Kitsap Cnty.
  931 F.2d 624· 9th Cir.· 1991-05-01 ·cited 14×
  The officers are entitled to qualified immunity because the nature and scope of the plaintiffs' right to gather shellfish in non-reservation areas was not clearly established at the time of the arrests.
• Anny Newman v. Burgin
  930 F.2d 955· 1st Cir.· 1991-04-22 ·cited 14×
  The court held that the University provided Professor Newman with sufficient due process, and therefore affirmed the district court's grant of summary judgment on her federal claims.
• Hurlman v. Rice
  927 F.2d 74· 2d Cir.· 1991-03-04 ·cited 14×
  The denial of a motion for summary judgment based on qualified immunity is not immediately appealable if it turns on disputed issues of fact.
• Fields v. City OF S. Houston
  922 F.2d 1183· 5th Cir.· 1991-02-01 ·cited 14×
  The court held that federal law governs false arrest claims under § 1983, and probable cause is sufficient for a valid arrest, but genuine issues of material fact remain regarding excessive force and denial of medical attention for a pretrial detainee. Municipalities are not enti
• Abdul Muhammad Samaad v. City OF Dallas
  922 F.2d 216· 5th Cir.· 1991-01-31 ·cited 14×
  A motion for costs does not toll the time to appeal, and a notice of appeal using "et al." is insufficient to confer jurisdiction over unnamed parties.
• DeLOACH v. Mitzi Bevers
  922 F.2d 618· 10th Cir.· 1990-12-31 ·cited 14×
  The court held that a jury could find that the defendant police officer violated the plaintiff's constitutional rights by retaliating against her for exercising her right to counsel and by preparing a false and misleading affidavit to secure her arrest.
• Gaudreault v. Municipality OF Salem
  923 F.2d 203· 1st Cir.· 1990-11-19 ·cited 14×
  Summary judgment for the defendant officers was appropriate because the force used was objectively reasonable, the plaintiff failed to identify his assailant for the assault claim, and the plaintiff did not demonstrate serious medical needs or harm from delayed treatment.
• Jonas Magnotti v. Kuntz
  918 F.2d 364· 2d Cir.· 1990-11-08 ·cited 14×
  The court held that Sergeant Kuntz was entitled to qualified immunity because it was objectively reasonable for him to believe probable cause supported the arrest warrant, even considering alleged omissions in the affidavit.
• Walker v. Norris
  917 F.2d 1449· 6th Cir.· 1990-11-01 ·cited 14×
  The court affirmed liability for Eighth Amendment violations by two officers but reversed substantive due process claims, finding the Eighth Amendment the exclusive remedy. State law negligence claims were vacated for further consideration of immunity.
• Cunico v. Pueblo Sch. Dist. NO. 60
  917 F.2d 431· 9th Cir.· 1990-10-19 ·cited 14×
  The court held that the School District's decision to retain a black administrator over a more senior white employee, based on race, constituted unlawful discrimination, and that the District could not justify this action under its affirmative action plan or by claiming it would
• Finnegan v. Fountain
  915 F.2d 817· 2d Cir.· 1990-10-01 ·cited 14×
  The court held that inconsistent jury findings on excessive force and good faith, and the improper submission of qualified immunity to the jury, require vacating the judgment and remanding for a new trial.
• Nui Loa Price v. Moanikeala Akaka
  928 F.2d 824· 9th Cir.· 1990-09-25 ·cited 14×
  The court held that the plaintiffs stated a claim under 42 U.S.C. § 1983 for violation of the Hawaii Admission Act and that the district court had subject matter jurisdiction, reversing the dismissal.