Violation Of 42 U.S.C. § 1983

1,055 Florida cases classified under this topic, plus 2,310 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Bonner v. City OF Prichard
  661 F.2d 1206· 11th Cir.· 1981-11-03 ·cited 7428×·via 42 U.S.C. § 1983 Action
  The Eleventh Circuit adopts the precedent of the former Fifth Circuit as binding law for the new circuit, and reverses the dismissal of a prisoner's civil rights claim, finding the grounds for dismissal inadequate.
• Australia Johnson v. Glick
  481 F.2d 1028· 2d Cir.· 1973-06-29 ·cited 547×·via 42 U.S.C. § 1983 Action
  The court held that a single, isolated incident of alleged unnecessary force by a prison guard does not rise to the level of a constitutional deprivation actionable under 42 U.S.C. § 1983.
• Darring v. Kincheloe
  783 F.2d 874· 9th Cir.· 1986-02-24 ·cited 289×·via 42 U.S.C. § 1983 Action
  The court held that the inmate's claims for injunctive relief and damages were properly dismissed because they were moot or failed to satisfy the 'case or controversy' requirement of Article III.
• Hahn v. Sargent
  523 F.2d 461· 1st Cir.· 1975-09-18 ·cited 255×
  The court affirmed the district court's dismissal of claims under 42 U.S.C. §§ 1983, 1985(2), 1985(3), and 1986, finding no genuine issue of material fact to defeat summary judgment.
• Lewis v. Smith
  855 F.2d 736· 11th Cir.· 1988-09-19 ·cited 217×·via 42 U.S.C. § 1983 Action
  The court held that prison officials were not entitled to qualified immunity and that a compensatory damage award for a procedural due process violation was appropriate.
• Familias Unidas v. Dolph Briscoe
  619 F.2d 391· 5th Cir.· 1980-06-18 ·cited 206×·via 42 U.S.C. § 1983 Action
  The court held that Texas Education Code § 4.28 is facially unconstitutional because it sweeps too broadly and infringes upon First Amendment rights of association and privacy. While actual damages were not proven, nominal damages are awarded for the infringement.
• Dr. Robert E. Whiting, Ph.D. v. Jackson State Univ. & John A. Peoples
  616 F.2d 116· 5th Cir.· 1980-04-28 ·cited 203×
  The court held that sufficient evidence supported the jury's finding of racial discrimination, affirming the award of back pay, interest, and costs, but remanded the attorney fee award for lack of articulated reasoning.
• Charles v. Shillingford
  634 F.2d 263· 5th Cir.· 1981-01-15 ·cited 188×
  Physical abuse by a state officer that is sufficiently severe, disproportionate to the need, and inspired by malice constitutes a deprivation of constitutional rights actionable under 42 U.S.C. § 1983.
• Bochese v. Town OF Ponce Inlet
  405 F.3d 964· 11th Cir.· 2005-04-07 ·cited 179×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Alfred Bóchese, a residential property owner in Ponce Inlet, Florida, sued the Town under 42 U.S.C. § 1983 challenging the Town's rescission of a development agreement amendment that had rezoned his oceanfront lot from T-1 to Planned Unit Development (PUD) status. Bóchese claimed
• Oather Jefferson Samples and Barbara Jackson v. City OF Atlanta & Officer J.M. Oglesby
  846 F.2d 1328· 11th Cir.· 1988-06-13 ·cited 166×·via 42 U.S.C. § 1983 (Excessive Force)
  Summary judgment was inappropriate because genuine issues of material fact exist regarding whether the officer used excessive force and whether the city maintained a policy or custom that led to the constitutional violation.
• Piazza v. Jefferson Cnty.
  923 F.3d 947· 11th Cir.· 2019-05-09 ·cited 164×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the second tasing of an incapacitated detainee constituted excessive force violating clearly established law, but supervisory liability claims failed due to lack of evidence of a policy or custom based on multiple incidents.
• United States v. The City OF Miami
  664 F.2d 435· 5th Cir.· 1981-12-03 ·cited 162×
  The appellate court affirmed the district court's approval of a consent decree designed to remedy past discrimination in the Miami Police Department. The court held that the decree did not abridge the collective bargaining rights of the police unions, as the unions failed to demo
• Eisen v. Eastman
  421 F.2d 560· 2d Cir.· 1969-11-28 ·cited 160×·via Violation Of Due Process Rights Under 42 U.S.C. § 1983
  The court held that the district court correctly dismissed the claim under 42 U.S.C. § 1983 because the plaintiff's alleged harm was purely economic, not a deprivation of personal liberty. It also affirmed the district court's finding of a sufficient jurisdictional amount under 2
• Focus ON THE Family v. Pinellas Suncoast Transit Auth.
  344 F.3d 1263· 11th Cir.· 2003-09-09 ·cited 150×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Focus on the Family challenged a contract between the Pinellas Suncoast Transit Authority (PSTA) and Eller Media that allegedly barred Focus from advertising its "Love Won Out" conference on bus shelters in Pinellas County, Florida. The district court granted summary judgment for
• LEE v. Russell Cnty. Bd. OF Educ.
  684 F.2d 769· 11th Cir.· 1982-09-01 ·cited 147×
  The court held that the district court applied an incorrect legal analysis and made inadequate findings of fact, requiring remand for further consideration of the evidence.
• Bell v. City OF Milwaukee
  746 F.2d 1205· 7th Cir.· 1984-09-04 ·cited 145×
  The court held that the district court properly admitted evidence of a conspiracy to conceal the truth and that certain civil rights claims were not time-barred.
• Fils v. City OF Aventura
  647 F.3d 1272· 11th Cir.· 2011-07-28 ·cited 138×·via 42 U.S.C. § 1983 (Excessive Force)
  Cindy Fils and Nemours Maurice sued police officers under 42 U.S.C. § 1983 for excessive force after being tased and arrested outside a nightclub in Aventura, Florida on August 23, 2003. The district court denied the officers' motions for summary judgment based on qualified immun
• Milo John Munson v. Friske
  754 F.2d 683· 7th Cir.· 1985-01-29 ·cited 138×
  The court held that the plaintiff failed to raise genuine issues of material fact regarding his claims of retaliation, due process violations, and class-based discrimination, thus affirming the grant of summary judgment.
• Emile Powe v. Miles
  407 F.2d 73· 2d Cir.· 1968-12-23 ·cited 138×
  The court held that the regulation of demonstrations and discipline of students in the New York State College of Ceramics constitutes state action because the State has willed it so, making the college an integral part of the State University.
• Dewitt Owens v. Haas
  601 F.2d 1242· 2d Cir.· 1979-07-09 ·cited 136×
  The court held that the plaintiff should be allowed limited discovery and an opportunity to amend his complaint to state a claim for "deliberate indifference" against the county under 42 U.S.C. § 1983, and that his breach of contract claim as a third-party beneficiary should be r
• Bannum, Inc. v. City OF Fort Lauderdale
  901 F.2d 989· 11th Cir.· 1990-05-21 ·cited 133×
  The court held that the district court erred in granting summary judgment to the City of Fort Lauderdale on immunity grounds, vacating the judgment and remanding for consideration of constitutional issues and pendent state claims.
• Archie v. City OF Racine
  847 F.2d 1211· 7th Cir.· 1988-05-23 ·cited 131×
  The dissenting judges argue that the defendant's actions, in failing to dispatch an ambulance and advising against seeking other medical help, constituted gross negligence or reckless indifference, making it actionable under 42 U.S.C. § 1983.
• Mandel v. John DOE (name unknown
  888 F.2d 783· 11th Cir.· 1989-11-17 ·cited 130×·via 42 U.S.C. § 1983 Action
  The court held that the district court correctly denied the County's motions for directed verdict and judgment notwithstanding the verdict on the issue of deliberate indifference, and affirmed the judgment.
• Hernandez v. City OF Lafayette
  643 F.2d 1188· 5th Cir.· 1981-05-01 ·cited 126×·via 42 U.S.C. § 1983 Action
  Local legislators are entitled to absolute immunity under § 1983 for conduct in furtherance of their legislative duties, but municipalities are not entitled to legislative immunity from damages for uncompensated takings of private property through zoning regulations.
• Hattie Brazier v. Cherry
  293 F.2d 401· 5th Cir.· 1961-07-07 ·cited 126×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that 42 U.S.C.A. § 1988, when applied with the Georgia Survival Statute, creates a cause of action not intended by Congress. The dissent argues this circumvents limitations in § 1986.
• Dep't OF Revenue v. Kuhnlein
  646 So. 2d 717· Fla.· 1994-09-29 ·cited 125×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The Florida Supreme Court held that a $295 impact fee on vehicles titled outside Florida and registered by new Florida residents violates the Commerce Clause because it discriminates against interstate commerce and cannot survive strict scrutiny. The Court rejected alternative re
• Executive 100, Inc. v. Martin Cnty.
  922 F.2d 1536· 11th Cir.· 1991-02-07 ·cited 123×
  The court held that due process takings and just compensation claims are not ripe until a final decision on development and pursuit of compensation is made, but equal protection, arbitrary and capricious due process, and tortious interference claims may proceed.
• VON Stein v. Brescher
  904 F.2d 572· 11th Cir.· 1990-06-27 ·cited 121×·via Section 1983
  The court held that the officers were entitled to qualified immunity for the arrest because arguable probable cause existed, and that the plaintiff's defamation claim under Section 1983 failed because it did not allege the deprivation of a tangible interest beyond reputation.
• Benson v. Allphin
  786 F.2d 268· 7th Cir.· 1986-03-10 ·cited 118×·via 42 U.S.C. § 1983 Action
  The court held that the defendant's failure to move for a directed verdict at the close of all evidence did not waive their right to move for judgment notwithstanding the verdict on qualified immunity grounds. It also held that the plaintiff's claims regarding pre-termination in-
• Smith v. Cremins
  308 F.2d 187· 9th Cir.· 1962-09-20 ·cited 118×
  The court held that the complaint stated a claim under 42 U.S.C.A. § 1983 and that the "liability created by statute" limitation period applied.
• Cate v. Oldham
  707 F.2d 1176· 11th Cir.· 1983-06-02 ·cited 117×·via 42 U.S.C. § 1983 Action
  The court held that the Eleventh Amendment bars suits against the State of Florida in federal court, but granted preliminary injunctive relief against the State Attorney pending certification of state law questions to the Florida Supreme Court.
• Samuel W. Brown, M.D. v. Fed'n OF State Med. Bds. OF THE United States
  830 F.2d 1429· 7th Cir.· 1987-09-22 ·cited 114×
  The court held that while the district court correctly imposed Rule 11 sanctions, it abused its discretion by failing to specify the basis and computation of the award, requiring a remand for redetermination.
• Turpin v. Mailet
  619 F.2d 196· 2d Cir.· 1980-04-08 ·cited 114×·via 42 U.S.C. § 1983 Violations
  The court held that while a municipality's failure to discipline an employee can, in some circumstances, constitute an official policy under 42 U.S.C. § 1983, the evidence presented in this case was insufficient as a matter of law to establish such a policy.
• Wright v. Lanson Newsome
  795 F.2d 964· 11th Cir.· 1986-08-06 ·cited 113×·via 42 U.S.C. § 1983 Action
  The court held that the district court abused its discretion in denying the inmate's motion to amend his complaint and erred in dismissing his claims for procedural due process, access to the courts, and pendent state law claims.
• Procup v. Strickland
  792 F.2d 1069· 11th Cir.· 1986-07-02 ·cited 113×·via 42 U.S.C. § 1983 Action
• United States v. City OF Chicago
  549 F.2d 415· 7th Cir.· 1977-01-11 ·cited 113×
  The court held that the withholding of federal revenue sharing funds from the City of Chicago was an improper and improvident exercise of equitable discretion.
• Elenore Pred and Stanley Etersque v. Bd. OF Pub. Instruction OF Dade Cnty.
  415 F.2d 851· 5th Cir.· 1969-09-09 ·cited 112×
  A public school may not deny a state-created status, such as tenure, to a teacher solely because of their exercise of First Amendment rights.
• Qaid Rafeeq Azeez and Abdullah Muhammad v. Fairman
  795 F.2d 1296· 7th Cir.· 1986-06-30 ·cited 111×
  The dissenting judge believes the damage award to Azeez should be affirmed because prison officials violated his clearly established rights.
• Chauncey L. Moore, Jr. v. The Marketplace Rest., Inc.
  754 F.2d 1336· 7th Cir.· 1985-01-29 ·cited 110×
  The court held that summary judgment should not be granted if the plaintiff alleges an agreement between a private party and law enforcement to violate constitutional rights, and the defendants fail to foreclose the possibility of such an agreement.
• Williams v. The City OF Valdosta
  689 F.2d 964· 11th Cir.· 1982-10-21 ·cited 108×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in granting judgment notwithstanding the verdict and a new trial, as the plaintiff presented sufficient evidence for a jury to find that his demotion was in retaliation for protected First Amendment activities.
• Fulford v. Klein
  529 F.2d 377· 5th Cir.· 1976-03-25 ·cited 108×·via 42 U.S.C. § 1983 Action
• Miener v. State OF Mo.
  673 F.2d 969· 8th Cir.· 1982-02-04 ·cited 107×
  The court held that a private cause of action for damages exists under Section 504 of the Rehabilitation Act, but not generally under the Education Act, and remanded for further consideration of claims under Section 1983.
• Wilson v. Taylor
  658 F.2d 1021· 5th Cir.· 1981-10-13 ·cited 107×
  The court held that a genuine issue of material fact exists regarding the true reason for the plaintiff's discharge, requiring reversal of summary judgment.
• Bridgeport Guardians, Inc. v. Members OF the Bridgeport Civil Serv. Comm'n
  482 F.2d 1333· 2d Cir.· 1973-06-28 ·cited 107×
  The court held that while hiring quotas were permissible to remedy past discrimination in police examinations, quotas for promotions above the rank of patrolman constituted an abuse of discretion.
• Wilson v. Beebe
  770 F.2d 578· 6th Cir.· 1985-08-12 ·cited 105×·via 42 U.S.C. § 1983 Action
  Officer Beebe is protected by official immunity under Michigan law because his actions during the arrest were discretionary.
• Patsy v. Fla. Int'l Univ.
  634 F.2d 900· 5th Cir.· 1981-01-22 ·cited 104×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that exhaustion of adequate state administrative remedies can be a prerequisite to filing a section 1983 suit, departing from a strict no-exhaustion rule.
• McKINLEY v. City OF Eloy
  705 F.2d 1110· 9th Cir.· 1983-05-09 ·cited 103×·via 42 U.S.C. § 1983 Action
  The court held that a probationary public employee's speech on matters of public concern is protected by the First Amendment, and dismissal based on such speech, even without a property interest in the job, entitles the employee to reinstatement and damages.
• Jenkins v. Averett
  424 F.2d 1228· 4th Cir.· 1970-04-20 ·cited 103×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the award in damages was inadequate and should be reassessed, but the dissenting judge argued that 42 U.S.C. § 1983 was not a proper basis for recovery in this negligence case.
• Greason v. Kemp
  891 F.2d 829· 11th Cir.· 1990-01-09 ·cited 102×
  The court held that the defendants are immune from damages because the law was not clearly established in 1985 that discontinuing psychotropic drugs under the given circumstances amounted to deliberate indifference violating the Eighth Amendment.
• Gomez v. Fla. State Emp. Serv.
  417 F.2d 569· 5th Cir.· 1969-10-09 ·cited 102×
  Migratory farm workers have implied rights and remedies under the Wagner-Peyser Act and its regulations, and can sue under 42 U.S.C. § 1983 for violations of these rights.