Section 1983

159 Florida cases classified under this topic · sorted by citation count · browse and sort

• Duran v. City OF Douglas
  904 F.2d 1372· 9th Cir.· 1990-06-04 ·cited 19×
  The court held that a police officer's stop and arrest of an individual for making obscene gestures and yelling profanities, which constituted protected speech, was unlawful and violated clearly established constitutional rights, thus denying qualified immunity. The court also fo
• Slayton v. Willingham
  726 F.2d 631· 10th Cir.· 1984-01-27 ·cited 18×
  A nolo contendere plea in a state criminal case does not automatically bar a subsequent federal civil rights action under § 1983 for alleged constitutional violations, and the right to privacy can encompass avoiding disclosure of personal matters.
• Wilson v. Mel Bailey
  934 F.2d 301· 11th Cir.· 1991-06-24 ·cited 16×
  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.
• Johnson v. Kegans
  870 F.2d 992· 5th Cir.· 1989-04-24 ·cited 16×
  Judges and prosecutors are absolutely immune from liability for damages for acts intimately connected with the judicial and parole-granting processes, and the plaintiff failed to state a claim for injunctive relief.
• Paisey v. Honorable Linda L. Vitale
  807 F.2d 889· 11th Cir.· 1986-12-23 ·cited 16×
  The court held that merely filing a state court action, even if retaliatory, does not constitute "under color of state law" for a Section 1983 claim, and thus the plaintiff failed to state a claim for injunctive relief.
• Hillis v. Stephen F. Austin State Univ.
  665 F.2d 547· 5th Cir.· 1982-01-11 ·cited 16×
  The court held that the district court clearly erred in its factual findings regarding the plaintiff's First Amendment claims and that the plaintiff would not have been renewed regardless of any protected activity.
• Burge v. Ferguson
  619 F. Supp. 2d 1225· M.D. Fla.· 2008-12-16 ·cited 15×
  The court held that the complaint sufficiently alleged claims for malicious prosecution against Ferguson and a supervisory liability claim against Nieman, but failed to state claims for excessive force and conspiracy against Ferguson and Bowlin.
• 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.
• Perez v. Simmons
  884 F.2d 1136· 9th Cir.· 1988-10-26 ·cited 14×
  The court held that a search warrant is required to enter a third party's home to arrest a suspect, even if the suspect is a guest, unless exigent circumstances exist. The court also held that the claim against the City for inadequate training must be retried under the 'deliberat
• Sullivan v. The City OF Pittsburgh
  811 F.2d 171· 3d Cir.· 1987-01-23 ·cited 14×
  The court held that the federal plaintiffs had standing, the district court did not err in refusing to abstain, the statute of limitations did not bar the claims, and the district court did not violate the Full Faith and Credit Act.
• Freeman v. Blair
  793 F.2d 166· 8th Cir.· 1986-06-04 ·cited 14×
  The court held that the officials were not entitled to absolute immunity for decisions to inspect without a warrant or for license suspensions, and that the law regarding warrantless administrative searches and due process for license suspensions was clearly established, thus den
• Sharpley v. C.W. Davis
  786 F.2d 1109· 11th Cir.· 1986-04-15 ·cited 14×
  Federal courts must give full faith and credit to state court judgments, precluding litigation of issues that were or could have been raised in state proceedings.
• Woodard v. LOS Fresnos Indep. Sch. Dist.
  732 F.2d 1243· 5th Cir.· 1984-05-29 ·cited 14×
  A high school student's request for corporal punishment instead of suspension, even if a deviation from school rules, does not constitute a denial of constitutional rights if state courts provide adequate remedies.
• 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.
• Four Seasons Apartment v. City OF Mayfield Heights
  775 F.2d 150· 6th Cir.· 1985-10-21 ·cited 12×
  The court held that plaintiffs' Fifth Amendment taking claim is barred because they failed to utilize available state inverse condemnation procedures, and their Fourteenth Amendment procedural due process claim fails because the permit's rescission was either an unauthorized act
• Collins v. King
  743 F.2d 248· 5th Cir.· 1984-09-24 ·cited 12×
  A prisoner's claim of a biased tribunal in a disciplinary hearing, absent allegations of constitutionally inadequate state post-deprivation remedies, does not state a procedural due process violation under the Fourteenth Amendment.
• Tikalsky v. City OF Chicago
  687 F.2d 175· 7th Cir.· 1982-08-02 ·cited 12×
  The court held that the district court abused its discretion by granting a new trial based on the reversal of a case that had minimal impact on the jury's deliberations and was not a basis for the jury's verdict.
• Kirkland v. The NEW York State Dep't OF Corr. Servs.
  531 F.2d 5· 2d Cir.· 1975-12-10 ·cited 12×
  The court should have granted an en banc hearing to clarify the circuit's law on racial quotas as remedies for past discrimination, as such quotas are permissible to correct discriminatory effects.
• Martinez v. Bush
  234 F. Supp. 2d 1275· S.D. Fla.· 2002-12-03 ·cited 11×
  The court held that plaintiffs failed to establish claims of racial discrimination in the redistricting process, vote dilution under the Voting Rights Act, or political gerrymandering.
• Kingston Square Tenants Ass'n v. Tuskegee Gardens, Ltd.
  792 F. Supp. 1566· S.D. Fla.· 1992-05-26 ·cited 11×
  The court held that tenants cannot bring an implied cause of action under federal housing statutes for monetary damages and that tort claims for economic losses arising from a contract breach are barred by the economic loss rule.
• Trautvetter v. Quick
  916 F.2d 1140· 7th Cir.· 1990-10-12 ·cited 11×
• MacLean v. City of St. Petersburg
  194 F. Supp. 2d 1290· M.D. Fla.· 2002-03-18 ·cited 10×
  The court held that the plaintiff failed to establish a prima facie case for retaliation under Title VII and the Florida Civil Rights Act, and that her speech was not a matter of public concern for First Amendment protection.
• Crenshaw v. City of Defuniak Springs
  891 F. Supp. 1548· N.D. Fla.· 1995-05-12 ·cited 10×
  The court held that the defendant is entitled to summary judgment because the plaintiff failed to demonstrate discriminatory intent or a violation of clearly established constitutional law, and the defendant is entitled to qualified immunity.
• Lewis v. Parish OF Terrebonne
  894 F.2d 142· 5th Cir.· 1990-02-12 ·cited 10×
  The court held that the jury's finding of deliberate indifference was supported by evidence, the punitive damage award was valid, and qualified immunity did not apply. However, the case was remanded for determination of pre-death compensatory damages.
• Wozniak v. Cnty. OF DuPAGE
  845 F.2d 677· 7th Cir.· 1988-04-21 ·cited 10×
  The court held that the Wozniaks' Section 1983 claims were barred by res judicata and collateral estoppel, as the issues and claims could have and were litigated in the prior state court mandamus action. The court affirmed the district court's grant of summary judgment.
• Glick v. Woodson D. Walker
  834 F.2d 709· 8th Cir.· 1987-12-04 ·cited 10×
  The court held that the Department's policy did not create a liberty interest and that the lack of intent to deprive the inmate of any interest defeated his section 1983 action. Furthermore, a failure to properly classify an inmate under state law does not constitute a constituti
• Jones v. Preuit & Mauldin
  822 F.2d 998· 11th Cir.· 1987-07-24 ·cited 10×
  The judge issuing a writ of attachment must have discretion to inquire into the veracity of the creditor's allegations, not just facial sufficiency, to satisfy constitutional due process requirements.
• Marshall v. Norwood
  741 F.2d 761· 5th Cir.· 1984-09-14 ·cited 10×
  A prisoner's claim of negligent or intentional deprivation of property by state officials is not actionable under Section 1983 if the state provides an adequate post-deprivation remedy.
• Kilcoyne v. Morgan
  664 F.2d 940· 4th Cir.· 1981-11-27 ·cited 10×
  The court held that deviations from gratuitously provided procedural safeguards do not give rise to a constitutional claim under Section 1983, and that state law breach of contract claims were barred by sovereign immunity as it existed prior to its abrogation.
• Goldie Ann Betts v. Bd. OF Educ. OF the City OF Chicago
  466 F.2d 629· 7th Cir.· 1972-08-25 ·cited 10×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, as the plaintiff failed to show a reasonable probability of success on the merits of her due process or state statutory claims.
• DEL A. v. Edwards
  855 F.2d 1148· 5th Cir.· 1988-09-28 ·cited 9×
  The dissent argues that the court should have considered the legal sufficiency of the plaintiffs' claims, concluding that no federal cause of action exists for damages against state officials under the Adoption Assistance Act.
• Nat. Aacp v. Fla. Corr.
  122 F. Supp. 2d 1335· M.D. Fla.· 2000-09-21 ·cited 8×
  The court affirmed the magistrate judge's order allowing plaintiffs to conduct ex parte interviews of current and former employees of the Department of Corrections, subject to specific guidelines and protective measures.
• Eugenio L. Rodriguez v. Holmes
  963 F.2d 799· 5th Cir.· 1992-06-24 ·cited 8×
  The court held that the statute of limitations for the pro se litigant's civil rights action was tolled during the pendency of his state court proceedings, and therefore the action was timely filed.
• Martin v. Guillot
  875 F.2d 839· 11th Cir.· 1989-06-14 ·cited 8×
  The court held that the university's administrative staff member received adequate procedural due process and that the termination decision was supported by substantial evidence, thus denying reinstatement. The court reversed the contempt finding and sanction against the universi
• Birdsell v. Bd. OF Fire & Police Comm'rs OF the City OF Litchfield
  854 F.2d 204· 7th Cir.· 1988-08-02 ·cited 8×
  The court held that the district court erred in granting a directed verdict on the due process claim, as Birdsell presented sufficient evidence that he was not adequately notified that the meeting was a termination hearing.
• Jaxie LEE v. Sheriff Bill Hutson & Cobb Cnty.
  810 F.2d 1030· 11th Cir.· 1987-02-19 ·cited 8×
  The court held that alleged procedural errors in an administrative hearing, where state remedies exist, do not constitute a federal due process violation. However, a conclusory equal protection claim may survive dismissal.
• McKEE v. Heggy
  703 F.2d 479· 10th Cir.· 1983-03-29 ·cited 8×
  The court held that the notice provided to Mr. McKee before the sale of his car was insufficient to satisfy due process requirements, and that summary judgment for defendant Heggy was improperly granted.
• Chambers v. Marsh
  675 F.2d 228· 8th Cir.· 1982-04-14 ·cited 8×
  The court held that Nebraska's legislative prayer practice, involving a paid chaplain of a single denomination and the publication of prayers, violates the Establishment Clause of the First Amendment.
• Bailey v. Swindell
  89 F.4th 1324· 11th Cir.· 2024-01-08 ·cited 7×
  The Eleventh Circuit held that the district court erred in granting judgment as a matter of law for the defendant officer on qualified immunity grounds, reversing the decision and reinstating the jury's verdict.
• Salas v. Carpenter
  980 F.2d 299· 5th Cir.· 1992-12-16 ·cited 7×
  The court held that the sheriff was entitled to qualified immunity because the plaintiffs failed to state a claim for a violation of clearly established constitutional law, and the sheriff's actions did not constitute an abuse of governmental power or a violation of due process.
• Scott v. O'Grady
  975 F.2d 366· 7th Cir.· 1992-09-16 ·cited 7×
  The court held that sheriffs and deputy sheriffs in Illinois act as state officials when enforcing court orders, thus their actions in such capacity are barred by the Eleventh Amendment. The suit against them in their official capacities was dismissed.
• McQUEEN v. J.A. Tabah
  839 F.2d 1525· 11th Cir.· 1988-03-18 ·cited 7×
  The court held that the Florida prison regulations created a liberty interest in remaining in the general population, and the record did not conclusively show that the defendants were entitled to summary judgment based on lack of causation or qualified immunity.
• Tennant v. Florida
  111 F. Supp. 2d 1326· S.D. Fla.· 2000-01-13 ·cited 6×
  The court granted summary judgment for defendants on the federal civil rights claim, finding the state immune and the city not liable for failure to train. The state law claims were remanded.
• Morgan v. Woessner
  975 F.2d 629· 9th Cir.· 1992-09-15 ·cited 6×
  The court held that the district court correctly determined that the initial stop of Morgan was a seizure unsupported by reasonable suspicion, but remanded for further proceedings regarding punitive damages.
• United Ass'n OF Black Landscapers v. City OF Milwaukee
  916 F.2d 1261· 7th Cir.· 1990-10-29 ·cited 6×
  The court held that summary judgment was properly granted because the plaintiffs failed to establish a prima facie case of disparate impact by identifying specific discriminatory practices, and the individual claims failed to demonstrate pretext or qualification.
• Gargiul v. Tompkins
  790 F.2d 265· 2d Cir.· 1986-05-14 ·cited 6×
  The dissent argues that New York res judicata law does not preclude the plaintiff's section 1983 claim, and that the majority erred in considering the good-faith immunity defense.
• Med. Laundry Serv. v. The Bd. OF Trs. OF the Univ. OF Ala.
  840 F.2d 840· 11th Cir.· 1988-03-23 ·cited 5×
  A simple breach of contract by the State does not constitute a denial of procedural due process rights actionable under Section 1983.
• Yeager v. City of McGREGOR
  980 F.2d 337· 5th Cir.· 1993-01-05 ·cited 4×
  The court held that the McGregor Volunteer Fire Department (MVFD) was not a state actor, and therefore, the appellants' § 1983 claims against the MVFD, the City of McGregor, and Councilman Kirk failed.
• Harris v. Dugger
  757 F. Supp. 1359· S.D. Fla.· 1991-01-02 ·cited 4×
  The court granted summary judgment for the defendants, finding no genuine issue of material fact regarding the plaintiff's free exercise and due process claims, and upholding the defendants' qualified immunity.
• Jackson v. Ala. Dep't OF Pub. Safety
  657 F.2d 689· 5th Cir.· 1981-09-28 ·cited 4×
  The court held that a claim alleging non-compliance with a prior consent decree must be litigated within that existing class action, not as a new independent suit.