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

• DeMIER v. Gondles
  676 F.2d 92· 4th Cir.· 1982-01-28 ·cited 13×
  The court held that the district court properly awarded attorney's fees to the prevailing party under 42 U.S.C. § 1988, as the plaintiffs' lawsuit was a catalyst for the change in the strip search policy.
• United Farm Workers OF Am., AFL-CIO v. Ariz. Agric. Emp. Relations Bd.
  669 F.2d 1249· 9th Cir.· 1982-01-07 ·cited 13×
  The court held that the district court erred in granting a preliminary injunction because the UFW failed to exhaust its administrative remedies in Arizona and the Full Faith and Credit Clause does not require Arizona to apply California labor law or defer to California Board orde
• Sondra Weisbrod v. Donigan
  651 F.2d 334· 5th Cir.· 1981-07-20 ·cited 13×
  Government officials are entitled to qualified immunity if they did not act in disregard of clearly established constitutional rights or with malicious intent.
• Universal Amusement Co., Inc. v. Hofheinz
  646 F.2d 996· 5th Cir.· 1981-06-01 ·cited 13×
  Government officials sued in their official capacity cannot assert good faith immunity, as such suits are effectively against the governmental entity itself.
• Dilmore v. Stubbs
  636 F.2d 966· 5th Cir.· 1981-02-09 ·cited 13×
  The court held that defendants are entitled to qualified immunity because the unconstitutionality of the hospital's admissions policy was not clearly established at the time of the plaintiff's confinement.
• Garrett v. Mathews
  625 F.2d 658· 5th Cir.· 1980-09-11 ·cited 13×
  The court held that a university's imposition of a sanction less severe than dismissal, even if not explicitly listed in its handbook, does not necessarily violate due process.
• Vasquez v. Snow
  616 F.2d 217· 5th Cir.· 1980-05-02 ·cited 13×
  The court held that the warrantless entry into Vasquez's residence was an unreasonable search violating the Fourth Amendment, and that Cooper did not possess qualified immunity. The court affirmed the judgment for Snow, who was not involved in the search.
• Williams v. Hoyt
  556 F.2d 1336· 5th Cir.· 1977-08-08 ·cited 13×
  The court affirmed the jury's verdict for the defendants, finding no reversible error in the trial court's rulings or conduct.
• Craft v. The Tex. Bd. OF Pardons & Paroles
  550 F.2d 1054· 5th Cir.· 1977-04-15 ·cited 13×
  A prisoner's claims regarding parole file access, vague guidelines, and reasons for denial are barred by prior decisions and fail to state a claim.
• Bass v. Sullivan
  550 F.2d 229· 5th Cir.· 1977-04-07 ·cited 13×
  The court held that the prisoner's treatment, while potentially malpractice, did not rise to the level of deliberate indifference to serious medical needs required for a constitutional violation under 42 U.S.C. § 1983.
• Kravitz v. Commonwealth OF Pa.
  546 F.2d 1100· 3d Cir.· 1977-02-23 ·cited 13×
  The court held that the habeas corpus petition should not have been dismissed for lack of subject matter jurisdiction, and the declaratory judgment action was properly dismissed because the named defendants could not provide the requested relief.
• Gonzalez v. S. Methodist Univ.
  536 F.2d 1071· 5th Cir.· 1976-08-11 ·cited 13×
  The court held that the plaintiff failed to demonstrate a likelihood of success on the merits for her discrimination claim and that the trial court did not abuse its discretion in denying class action status.
• Edelberg v. The Ill. Racing Bd.
  540 F.2d 279· 7th Cir.· 1976-08-09 ·cited 13×
  The court held that the Illinois Racing Board Rule 317c, which provides for the automatic withholding and redistribution of purse money when a winning horse is found to be drugged, does not violate the Due Process Clause because it establishes an objective condition precedent to
• Washington v. Walker
  529 F.2d 1062· 7th Cir.· 1976-02-04 ·cited 13×
  The court affirmed the denial of a preliminary injunction, finding that the plaintiffs had not demonstrated a likelihood of success on the merits, irreparable harm, or an inadequate legal remedy, and that the balance of hardships did not favor granting the injunction.
• Erwine Laverne and Estelle Laverne v. Corning
  522 F.2d 1144· 2d Cir.· 1975-07-03 ·cited 13×
  Governmental officials are entitled to assert a qualified immunity defense in a civil rights suit for damages under 42 U.S.C. § 1983, even if their actions were later found to be unconstitutional, provided they acted with a good-faith and reasonable belief in the lawfulness of th
• Cal. Diversified Promotions, Inc. v. Musick
  505 F.2d 278· 9th Cir.· 1974-10-25 ·cited 13×
  The court held that the trial court erred in dismissing the complaint sua sponte without notice or hearing, and that plaintiffs should have been given an opportunity to amend their complaint for injunctive relief and damages.
• Helfant v. Kugler
  500 F.2d 1188· 3d Cir.· 1974-07-08 ·cited 13×
  The dissenting judge argues that federal courts should not interfere in ongoing state criminal proceedings absent bad faith, harassment, or truly extraordinary circumstances, which are not present here.
• Paulina Perez v. Jule M. Sugarman
  499 F.2d 761· 2d Cir.· 1974-06-07 ·cited 13×
  The court held that the district court had subject matter jurisdiction over the civil rights suit against private child-caring institutions, finding their actions constituted 'state action' under 42 U.S.C. § 1983.
• Bonner-Lyons v. Sch. Comm. OF the City OF Boston
  480 F.2d 442· 1st Cir.· 1973-06-29 ·cited 13×
  The court held that by disseminating notices opposing bussing, the school committee utilized the school distribution system as a forum for one viewpoint, thus violating the First Amendment and Equal Protection Clause.
• Boshell v. Ala. Mental Health Bd.
  473 F.2d 1369· 5th Cir.· 1973-02-16 ·cited 13×
  The court held that the one-year statute of limitations for actions not arising from contract was correctly applied to the plaintiff's § 1983 claim.
• United States ex rel. David Tyrrell v. Speaker
  471 F.2d 1197· 3d Cir.· 1973-01-03 ·cited 13×
  The court held that the plaintiff's allegations, even if inartfully pleaded, were sufficient to withstand a motion to dismiss and required further factual development, thus reversing the grant of summary judgment.
• Bass v. Franklin Cnty. Sheriff's Off.
  N.D. Fla.· 2026-01-08 ·cited 12×
  The court recommended dismissal of the case because the plaintiff failed to prosecute and comply with a court order.
• Land v. Sheriff of Jackson Cnty. Fla.
  85 F.4th 1121· 11th Cir.· 2023-10-31 ·cited 12×
  The court held that Deputy Allen is entitled to qualified immunity because the affidavit, even excluding misstatements, provided probable cause for Land's arrest, and thus Land's Fourth Amendment claim fails.
• Bell v. Sheriff of Broward Cnty.
  6 F.4th 1374· 11th Cir.· 2021-08-02 ·cited 12×
  A five-day suspension with pay pending an investigation into alleged misconduct does not constitute an adverse employment action for purposes of a First Amendment retaliation claim.
• Gianinna Gallardo v. Mayhew
  963 F.3d 1167· 11th Cir.· 2020-06-26 ·cited 12×
  Gianinna Gallardo, a severely injured Medicaid recipient, challenged Florida's attempt to recover Medicaid payments from her personal injury settlement by seeking reimbursement from portions allocated to future medical expenses, not just past medical expenses. The Eleventh Circui
• Grochowski v. Clayton Cnty.
  961 F.3d 1311· 11th Cir.· 2020-06-22 ·cited 12×
  The court held that the jail's classification process and hourly rounds did not violate the Fourteenth Amendment, and thus the jail supervisors were entitled to qualified immunity. The court also found no basis for municipal liability against the county.
• Smith v. Sch. Bd. OF Palm Beach Cnty.
  981 So. 2d 6· Fla. 4th DCA· 2007-11-21 ·cited 12×
  Jerry Smith appealed a trial court's determination of attorney's fees and costs in his § 1983 civil rights action against the School Board of Palm Beach County. The appellate court affirmed the reasonable number of hours and rejection of a lodestar multiplier, but reversed the ho
• Hill v. Crosby
  437 F.3d 1084· 11th Cir.· 2006-01-24 ·cited 12×
  The Eleventh Circuit denied Hill's application for a stay of execution, holding that his § 1983 suit challenging lethal injection as cruel and unusual punishment was the functional equivalent of a successive habeas petition requiring prior court approval under 28 U.S.C. § 2244(b)
• Dep't OF Hwy. Safety v. Marks
  898 So. 2d 1063· Fla. 5th DCA· 2005-03-18 ·cited 12×
  The Florida Department of Highway Safety and Motor Vehicles and a hearing officer (Labbe) sought certiorari review of a trial court order allowing the plaintiff to depose Labbe in a civil rights action. The appellate court held that judicial immunity bars the deposition of admini
• Hetherington v. Donner
  786 So. 2d 9· Fla. 3d DCA· 2001-04-04 ·cited 12×
  In this long-pending false imprisonment case, the trial court struck defendants' pleadings and entered default judgment as to liability based on claimed discovery violations. The appellate court reversed, holding that the defendants' failure to produce certain evidence was due to
• Samedi v. Miami-Dade Cnty.
  134 F. Supp. 2d 1320· S.D. Fla.· 2001-01-26 ·cited 12×
  Summary judgment is granted for Defendant White on claims of supervisory liability and retaliation, and for other defendants on various counts, due to lack of genuine issues of material fact.
• Jones v. Kirkland
  696 So. 2d 1249· Fla. 4th DCA· 1997-06-25 ·cited 12×
  A prisoner disciplined at a state correctional facility appeals dismissal of his complaint alleging that correctional officials violated his due process rights by denying his requests for staff assistance, witnesses, and documentary evidence at a disciplinary hearing. The court r
• Heckman v. City OF Oakland Park
  644 So. 2d 525· Fla. 4th DCA· 1994-09-14 ·cited 12×
  The Heckmans appealed a summary judgment dismissing their cross-claims against the City of Oakland Park based on the statute of limitations. The court affirmed dismissal of two counts based on a February 17, 1988 accrual date, but reversed and remanded a third count involving an
• Watterson v. Page
  987 F.2d 1· 1st Cir.· 1993-02-09 ·cited 12×
  The court held that the psychologists were immune from suit under § 1983 because the plaintiffs failed to allege a violation of a constitutional right, and immune from state law claims under a state statute protecting good faith reporting of child abuse.
• Stowell v. Ives
  976 F.2d 65· 1st Cir.· 1992-09-28 ·cited 12×
  A recipient of benefits under the Aid to Families with Dependent Children (AFDC) program cannot bring an action under 42 U.S.C. § 1983 to enforce the terms of 42 U.S.C. § 1396a(c)(1) because that statute obligates the federal Secretary, not the state, to take action.
• Jasper C. Rowe v. Sullivan
  967 F.2d 186· 5th Cir.· 1992-08-05 ·cited 12×
  Title VII is the exclusive remedy for federal employment discrimination claims, and the Civil Rights Act of 1991 does not apply retroactively. A request for administrative reconsideration must be timely filed.
• Wroblewski v. City OF Washburn
  965 F.2d 452· 7th Cir.· 1992-06-12 ·cited 12×
  The court held that the city's policy barring a former mayor from employment at a city marina, even if motivated by animosity, did not violate his due process or equal protection rights because it was a rational business decision and not an arbitrary imposition or stigmatizing de
• Carston v. The Cnty. OF Cook
  962 F.2d 749· 7th Cir.· 1992-05-12 ·cited 12×
  Cook County was obligated to recognize the protectible property interest in employment held by security officers under the HHGC merit system when it reacquired control of the hospital, and the district court did not abuse its discretion in awarding attorney's fees.
• Jones v. Murray
  962 F.2d 302· 4th Cir.· 1992-04-07 ·cited 12×
  The court held that DNA testing of violent felons is constitutional, but DNA testing of non-violent felons violates their Fourth Amendment rights due to insufficient state interest.
• Medina v. The City & Cnty. OF Denver
  960 F.2d 1493· 10th Cir.· 1992-03-31 ·cited 12×
  The court held that the officers were entitled to qualified immunity because the law regarding recklessness and police liability for third-party actions was not clearly established in 1986, and the City and County of Denver was entitled to summary judgment because the plaintiff f
• Brooks v. Elliott
  593 So. 2d 1209· Fla. 5th DCA· 1992-02-21 ·cited 12×
  A minor's federal civil rights complaint under 42 U.S.C. § 1983 against public employees was dismissed by the trial court on grounds that it was barred by the statute of limitations and failed to comply with Florida's three-year notice requirement. The appellate court reversed, h
• Oviatt v. Pearce
  954 F.2d 1470· 9th Cir.· 1992-01-15 ·cited 12×
  The court held that a jury could reasonably find Multnomah County liable under § 1983 for deliberate indifference to an inmate's liberty interest, and that the county was not immune from liability for false imprisonment under the Oregon Tort Claims Act.
• Marcus v. Carrasquillo
  782 F. Supp. 593· M.D. Fla.· 1992-01-09 ·cited 12×
  The court held that plaintiff's allegations of a racially motivated custom or policy of ignoring complaints were sufficient to withstand a motion to dismiss, but First Amendment claims lacked factual support and punitive damages demands were premature.
• Greening v. Moran
  953 F.2d 301· 7th Cir.· 1992-01-08 ·cited 12×
  The court held that abstention under Younger was appropriate when the federal suit was filed, but claim preclusion applies now that state proceedings have concluded. Claims against the Trust Fund were dismissed for lack of standing. Sanctions were affirmed.
• Buckley v. Fitzsimmons
  952 F.2d 965· 7th Cir.· 1992-01-02 ·cited 12×
  The court held that a prosecutor's aggressive investigative conduct, even if considered preparation, does not fall under absolute immunity.
• Curnow v. The Ridgecrest Police
  952 F.2d 321· 9th Cir.· 1991-12-26 ·cited 12×
  The court held that the district court properly denied the officers' motion for summary judgment based on qualified immunity because genuine issues of material fact existed regarding the reasonableness of the force used, and that parents' claims for loss of companionship are dist
• Contractors Ass'n OF E. Pa., Inc. v. City OF Philadelphia
  945 F.2d 1260· 3d Cir.· 1991-09-30 ·cited 12×
  The court held that the district court abused its discretion by granting summary judgment without allowing sufficient discovery, and that the appellants should be given a reasonable opportunity to pursue discovery related to discrimination.
• Hicks v. City OF Watonga
  942 F.2d 737· 10th Cir.· 1991-08-19 ·cited 12×
  The court held that most appellants were immune from damages for property interest and First Amendment claims, and that the plaintiff failed to state a claim for deprivation of a liberty interest. However, one appellant was not immune on the property interest and First Amendment
• Steading v. Thompson
  941 F.2d 498· 7th Cir.· 1991-08-19 ·cited 12×
  Exposure to ambient tobacco smoke in prison does not constitute cruel and unusual punishment under the Eighth Amendment because it does not involve deliberate indifference or intent to punish.
• Salazar v. City OF Chicago
  940 F.2d 233· 7th Cir.· 1991-08-07 ·cited 12×
  The court held that the "deliberate indifference" standard, requiring intentional or criminally reckless conduct, applies to claims that government officials deprived pretrial detainees of life without due process by failing to provide adequate medical care.