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

• Jennings v. Patterson
  460 F.2d 1021· 5th Cir.· 1972-02-29 ·cited 14×
  A complaint alleging a fence was erected to deny Black residents access to their homes states a cognizable claim under 42 U.S.C. § 1983.
• Santiago v. Corporacion de Renovacion Urbana Y Vivienda de Puerto RICO
  453 F.2d 794· 1st Cir.· 1972-01-05 ·cited 14×
  The court held that the dismissal of the complaint was erroneous because it was based on evidence presented solely for a temporary restraining order without proper notice, and disputed factual issues precluded summary judgment.
• Northern v. Nelson
  448 F.2d 1266· 9th Cir.· 1971-09-22 ·cited 14×
  The court held that any claim for damages beyond the value of confiscated newspapers was waived, and the claim for the newspapers' value was de minimis.
• Weiss v. Duberstein
  445 F.2d 1297· 2d Cir.· 1971-07-20 ·cited 14×
  The court held that the district court erred in abstaining from exercising jurisdiction and should have considered the merits of the constitutional challenge to the New York Election Law.
• LeFLORE v. Robinson
  446 F.2d 715· 5th Cir.· 1971-06-25 ·cited 14×
  The court vacated its original opinion and remanded for reconsideration in light of recent Supreme Court decisions regarding federal interference with state prosecutions.
• LeVIER v. Mr. Robert N. Woodson
  443 F.2d 360· 10th Cir.· 1971-06-01 ·cited 14×
  A state prisoner has a First and Fourteenth Amendment right to have prison officials forward correspondence addressed to state officials complaining about prison conditions.
• Riseman v. Sch. Comm. OF the City OF Quincy
  439 F.2d 148· 1st Cir.· 1971-03-11 ·cited 14×
  The court held that the school's regulation, as applied to student political speech, was unconstitutional.
• Juliette A. Tichon v. Harder
  438 F.2d 1396· 2d Cir.· 1971-02-18 ·cited 14×
  The court held that a probationary public employee's claim of procedural due process denial in dismissal does not, without more, establish a "right of personal liberty" sufficient to confer jurisdiction under 28 U.S.C. § 1343(3).
• Chiaffitelli v. Dettmer Hosp., Inc.
  437 F.2d 429· 6th Cir.· 1971-01-05 ·cited 14×
  The court held that the hospital's ties to the public and receipt of public funds were sufficient to establish it as a public agency actionable under 42 U.S.C. § 1983, and that the complaint's allegations were sufficient to state a cause of action.
• Allison v. Wilson
  434 F.2d 646· 9th Cir.· 1970-11-24 ·cited 14×
  A complaint alleging physical abuse by prison guards states a cause of action under the Civil Rights Act, 42 U.S.C. § 1983, even without alleging specific intent to violate constitutional rights.
• Appalachian Volunteers, Inc. v. Clark
  432 F.2d 530· 6th Cir.· 1970-09-11 ·cited 14×
  The court affirmed the district court's remand order and dismissal of the federal action, finding that removal under 28 U.S.C. § 1443 was limited to racial equality claims and that appellants failed to exhaust state remedies before seeking federal injunctive relief.
• Smith v. Bd. OF Regents
  426 F.2d 492· 5th Cir.· 1970-05-26 ·cited 14×
  A voluntary resignation, even if influenced by perceived doubts about re-employment, does not trigger due process rights or protections against non-renewal under the college's rules.
• Martin v. King
  417 F.2d 458· 10th Cir.· 1969-11-05 ·cited 14×
  The court held that the town marshal's actions in enforcing a valid nuisance ordinance were not actionable under the Civil Rights Acts, as they did not deprive the plaintiff of personal civil rights.
• Smith v. Schneckloth
  414 F.2d 680· 9th Cir.· 1969-07-22 ·cited 14×
  The court held that the inmate's complaint failed to state a cause of action under the Civil Rights Act for denial of equal protection or cruel and unusual punishment.
• Tyler v. Russel
  410 F.2d 490· 10th Cir.· 1969-05-02 ·cited 14×
  A federal court cannot enjoin a pending state criminal prosecution unless there is a clear showing of irreparable injury and no adequate remedy at law.
• Clarke v. Redeker
  406 F.2d 883· 8th Cir.· 1969-02-14 ·cited 14×
  The court held that the plaintiff's current action for damages was barred by res judicata because the same cause of action had been previously adjudicated in a prior lawsuit.
• Shock v. Tester
  405 F.2d 852· 8th Cir.· 1969-01-10 ·cited 14×
  The court held that the plaintiff failed to state a claim for denial of equal protection because he did not allege intentional or purposeful discrimination by the state patrolmen in preparing and filing the false accident report.
• Adickes v. S. H. Kress & Co.
  409 F.2d 121· 2d Cir.· 1968-12-27 ·cited 14×
• Lessie Randell v. Newark Hous. Auth. & Louis Danzig
  384 F.2d 151· 3d Cir.· 1967-10-03 ·cited 14×
  The court held that the district court should abstain from further action and remanded for vacation of the dismissal order, vacating the temporary restraining order and affirming the denial of preliminary injunctions.
• Erlich v. Juda Glasner
  374 F.2d 681· 9th Cir.· 1967-03-23 ·cited 14×
  The court held that the district court erred by failing to treat motions to dismiss, accompanied by an affidavit outside the pleadings, as motions for summary judgment under Rule 12(b) of the Federal Rules of Civil Procedure.
• Tyson v. Lt. Clarence J. Cazes
  363 F.2d 742· 5th Cir.· 1966-07-25 ·cited 14×
  The court held that the case is moot because the city ordinance requiring segregation has been repealed, and no other legal basis for the claim remains.
• Cohen v. Cahill
  281 F.2d 879· 9th Cir.· 1960-08-15 ·cited 14×
  The court held that dismissing a complaint as frivolous based on affidavits without allowing the plaintiff an opportunity to respond constitutes reversible error.
• Sharp v. Mrs. May Lucky
  252 F.2d 910· 5th Cir.· 1958-02-25 ·cited 14×
  The court held that official conduct denying access to a registrar's office based solely on race violates the Fourteenth and Fifteenth Amendments and federal civil rights statutes.
• Simmons v. Whitaker
  252 F.2d 224· 5th Cir.· 1958-02-14 ·cited 14×
• Michael-Zahir David Fleming v. Officer Tristin Allen
  M.D. Fla.· 2025-11-19 ·cited 13×
  The court held that the plaintiff's motion to reopen the case is denied because service of process was improper under federal and state rules.
• Harris v. Hixon
  102 F.4th 1120· 11th Cir.· 2024-05-17 ·cited 13×
  George Harris sued two law enforcement investigators under federal civil rights law, claiming they violated his Fourth Amendment rights by arresting him without probable cause based on a flawed investigation and arrest warrants that lacked adequate factual support. The Eleventh C
• Blue Martini Kendall, LLC v. Miami Dade Cnty. Fla.
  816 F.3d 1343· 11th Cir.· 2016-03-17 ·cited 13×
  Blue Martini Kendall, LLC appealed a district court order granting summary judgment to Miami-Dade County on the County's indemnification claim under Florida Statute § 30.2905, which makes private employers responsible for acts or omissions of off-duty deputy sheriffs providing se
• Furtado v. Jason YUN Chung LAW
  51 So. 3d 1269· Fla. 4th DCA· 2011-02-02 ·cited 13×
  A widow appeals summary judgment dismissing her wrongful death claims arising from a deputy's shooting of his wife during a Baker Act mental health commitment. The Fourth District affirmed, holding that the deputy's use of deadly force was objectively reasonable under the Fourth
• Wynn v. City of Lakeland
  727 F. Supp. 2d 1309· M.D. Fla.· 2010-07-20 ·cited 13×
  The court held that summary judgment is granted for assault and negligence claims, but denied for excessive force and battery claims.
• Smith v. Neil A. Fisher, M.D.
  965 So. 2d 205· Fla. 4th DCA· 2007-09-05 ·cited 13×
  The Fourth District Court of Appeal upheld the constitutionality of Florida's Vexatious Litigant Law (section 68.093) against a challenge under Article I, Section 21 of the Florida Constitution. Glenn Smith, a pro se litigant with a history of five unsuccessful lawsuits within fi
• Rosario v. Miami-Dade Cnty.
  490 F. Supp. 2d 1213· S.D. Fla.· 2007-05-08 ·cited 13×
  The court held that plaintiffs failed to state a claim for municipal liability under 42 U.S.C. § 1983 because they did not allege facts sufficient to show that the deprivation of constitutional rights resulted from a final policymaker's decision or an unconstitutional custom or p
• Charlotte Cnty. v. Richard Vetter for the Charlotte Cnty. Park of Commerce, LLC
  863 So. 2d 465· Fla. 2d DCA· 2004-01-21 ·cited 13×
  Charlotte County challenges a preliminary injunction requiring it to approve subdivision and site plan applications for an industrial park near the county airport. The court affirms the preliminary injunction to the extent it requires the county to expeditiously process permit ap
• Hernandez v. Seminole Cnty.
  334 F.3d 1233· 11th Cir.· 2003-06-24 ·cited 13×
  Plaintiffs filed a § 1983 suit in Florida state court against Seminole County and multiple defendants for the death of a pretrial detainee allegedly caused by deliberate indifference to medical needs. Most defendants removed the case to federal court, but two defendants (Dr. Dube
• Buzzi v. Gomez
  62 F. Supp. 2d 1344· S.D. Fla.· 1999-02-12 ·cited 13×
  The court held that the plaintiff's claims were barred for failure to exhaust administrative remedies and for failing to establish a prima facie case of retaliation or pretextual discrimination.
• Commissioner Willie J. Junior v. China Pearl Reed and Donald Reed
  693 So. 2d 586· Fla. 1st DCA· 1997-02-20 ·cited 13×
  Commissioner Willie J. Junior appealed the denial of his immunity claims in a civil rights action brought by the Reeds under 42 U.S.C. § 1983. The court held that while Commissioner Junior is not protected by absolute immunity for his administrative actions in directing a cemeter
• Strickler v. Waters
  989 F.2d 1375· 4th Cir.· 1993-03-26 ·cited 13×
  The court held that a prisoner must present evidence of serious or significant physical or emotional injury resulting from challenged prison conditions to sustain an Eighth Amendment claim. Additionally, a prisoner must demonstrate actual injury or specific harm resulting from de
• Hopson v. Fredericksen
  961 F.2d 1374· 8th Cir.· 1992-04-20 ·cited 13×
  The court affirmed the district court's judgment, holding that the plaintiff failed to preserve his Batson objection for appeal, his claim regarding verbal threats did not rise to a constitutional violation, and the exclusion of a witness and prior bad acts evidence was within th
• Elder v. R.D. Holloway
  975 F.2d 1388· 9th Cir.· 1991-12-19 ·cited 13×
  A plaintiff in a § 1983 action seeking to overcome qualified immunity must identify the body of law that proves the right allegedly violated was clearly established at the time of the incident. If the plaintiff fails to present such law, the district court does not err by conside
• MacDONALD v. E. Wyo. Mental Health Ctr.
  941 F.2d 1115· 10th Cir.· 1991-08-15 ·cited 13×
  The court affirmed summary judgment for the employer, holding that while the plaintiffs established a prima facie case of age discrimination, they failed to present evidence of pretext, and that the employer was not a state actor for section 1983 claims.
• Arthur v. Hillsborough Cnty. Bd. of Crim. Just.
  588 So. 2d 236· Fla. 2d DCA· 1991-05-08 ·cited 13×
  Bradley Arthur appealed the dismissal of his civil rights claim against the Hillsborough County Board of Criminal Justice arising from beatings he received in jail. Following remand from the U.S. Supreme Court, the Florida appellate court affirmed summary judgment for the Board,
• Reese v. Anderson
  926 F.2d 494· 5th Cir.· 1991-03-21 ·cited 13×
  The court held that the individual defendants were entitled to qualified immunity because the officer's use of deadly force was objectively reasonable under the circumstances, and the plaintiff failed to present sufficient evidence to create a genuine issue of material fact.
• Drake v. City OF Fort Collins
  927 F.2d 1156· 10th Cir.· 1991-03-13 ·cited 13×
  The court held that the plaintiff failed to establish a prima facie case for disparate impact and failed to show pretext for disparate treatment under Title VII, and affirmed the dismissal of other claims.
• Hill v. Shelander
  924 F.2d 1370· 7th Cir.· 1991-02-12 ·cited 13×
  The dissenting judge argues that the majority erred in allowing an amendment to change the capacity of the defendant from official to individual to relate back to the original filing date, as it did not involve a mistake in identity and prejudiced the defendant.
• Carnes v. Parker
  922 F.2d 1506· 10th Cir.· 1991-01-14 ·cited 13×
  The court held that the employee did not have a constitutionally protected property interest in continued employment under Oklahoma law based on the hospital's personnel manual, as the manual did not expressly promise discharge only for cause.
• Artist M. v. Johnson
  917 F.2d 980· 7th Cir.· 1990-10-29 ·cited 13×
  The 'reasonable efforts' clause of the Adoption Assistance and Child Welfare Act of 1980 is too ambiguous to create an enforceable right under the Act or § 1983.
• Ayers v. Allain
  914 F.2d 676· 5th Cir.· 1990-09-28 ·cited 13×
  The court affirmed the district court's finding that Mississippi is not currently engaged in purposeful discrimination, but the dissenting judge argued that the state still has a duty to undo the vestiges of past de jure segregation.
• Echols v. Parker
  909 F.2d 795· 5th Cir.· 1990-08-13 ·cited 13×
  A motion for attorney's fees under 42 U.S.C. § 1988 is not subject to the ten-day time limit of Federal Rule of Civil Procedure 59(e) and does not vitiate a previously filed notice of appeal. However, a district court lacks jurisdiction to consider a supplemental attorney's fees
• Burns v. Loranger
  907 F.2d 233· 1st Cir.· 1990-06-29 ·cited 13×
  The court held that the officers were entitled to qualified immunity because their conduct in strip-searching the plaintiff was objectively reasonable under the circumstances, and thus did not violate clearly established Fourth Amendment rights.
• Lowary v. Lexington Local Bd. OF Educ.
  903 F.2d 422· 6th Cir.· 1990-05-17 ·cited 13×
  The court held that the Supreme Court's decision in Chicago Teachers Union v. Hudson should be applied retroactively to past fee collections, and that a 'local union presumption' used in calculating fair share fees is unconstitutional.
• Burke Cnty. Bd. OF Educ. v. Denton
  895 F.2d 973· 4th Cir.· 1990-02-09 ·cited 13×
  The court held that neither federal nor North Carolina law requires the Board to fund the habilitative services sought by the parents in the home, as the child has benefited educationally from the school's program.