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

• Ward v. Caulk
  650 F.2d 1144· 9th Cir.· 1981-07-17 ·cited 31×
  The court held that the availability of a federal statutory remedy, such as 42 U.S.C. § 1983, precludes a constitutional cause of action against state defendants, even if the plaintiff fails to timely pursue the statutory remedy. It also held that a continuing violation requires
• Delaney v. Giarrusso
  633 F.2d 1126· 5th Cir.· 1981-01-05 ·cited 31×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the illegal arrest claim requires exhaustion of state remedies, while the excessive force claim can proceed on the merits. The judgment dismissing the excessive force claim is affirmed, and the illegal arrest claim is vacated and remanded.
• Tarkowski v. Robert Bartlett Realty Co.
  644 F.2d 1204· 7th Cir.· 1980-01-02 ·cited 31×
  Conclusory allegations of conspiracy by a pro se litigant, even when liberally construed, are insufficient to state a claim under 42 U.S.C. § 1983 if they lack factual support.
• Huynh THI ANH and Dao Thanh Linh v. Levi
  586 F.2d 625· 6th Cir.· 1978-10-20 ·cited 31×·via 42 U.S.C. § 1983 Action
  Federal courts should not assert jurisdiction over child custody disputes, even involving aliens, as these matters fall within the traditional purview of state courts and require exhaustion of state remedies.
• McGHEE v. Draper
  564 F.2d 902· 10th Cir.· 1977-10-03 ·cited 31×
  The court held that the trial court erred in directing a verdict against the plaintiff on her liberty interest claim, as the evidence could support a finding that the school board's actions imposed a stigma foreclosing future employment opportunities. The court also found that pr
• Dixon v. Deputy Sheriff Donald Richer
  922 F.2d 1456· 10th Cir.· 1991-01-07 ·cited 30×·via 42 U.S.C. § 1983 Action
  The court held that the deputies were not entitled to summary judgment on qualified immunity because their alleged conduct, viewed in the light most favorable to the plaintiffs, was not objectively reasonable under the Fourth Amendment and violated clearly established law.
• Linnie Kay Berry v. City OF Muskogee
  900 F.2d 1489· 10th Cir.· 1990-04-10 ·cited 30×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court's majority opinion applied the Eighth Amendment standard, but the dissenting judge argues that due process analysis under the Fourteenth Amendment should apply, with a proposed gross negligence standard for such claims.
• Torres v. Superintendent OF the Police OF Puerto RICO
  893 F.2d 404· 1st Cir.· 1990-01-08 ·cited 30×·via Section 1983
  The court held that the plaintiffs' Section 1983 claim for wrongful termination was time-barred because the administrative action did not toll the statute of limitations, and their malicious prosecution claim failed because the alleged conduct did not rise to the level of a const
• Reed v. HOY
  909 F.2d 324· 9th Cir.· 1989-12-15 ·cited 30×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury instruction misstated the law by applying a substantive due process standard instead of the Fourth Amendment's objective reasonableness standard for excessive force claims.
• Goka v. Bobbitt
  862 F.2d 646· 7th Cir.· 1988-11-21 ·cited 30×
  The court held that summary judgment was improperly granted because a genuine issue of material fact existed regarding whether prison officials had knowledge of the risk of harm to the inmate and failed to take reasonable steps to prevent it.
• Gutzwiller v. Fenik
  860 F.2d 1317· 6th Cir.· 1988-11-01 ·cited 30×
  The court held that there was insufficient evidence to support claims of sex discrimination and substantive due process violations against the defendants, and that judicial intervention in academic tenure decisions is generally inappropriate.
• Lenell Geter v. Fortenberry
  849 F.2d 1550· 5th Cir.· 1988-07-26 ·cited 30×·via 42 U.S.C. § 1983 Violations
  Prosecutors Wade and Isenberg are entitled to absolute immunity for actions within the judicial phase of prosecution, and Geter's defamation claim does not implicate a constitutional right. Officer Kuhn is not entitled to immunity if he procured false identification by unlawful m
• Page v. DeLAUNE
  837 F.2d 233· 5th Cir.· 1988-02-12 ·cited 30×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that a letter designating the record on appeal, sent within the time limit, satisfied the notice of appeal requirement, and that genuine issues of material fact existed regarding the plaintiff's procedural due process claim.
• Donald v. Polk Cnty.
  836 F.2d 376· 7th Cir.· 1988-01-13 ·cited 30×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the Donalds' claims were barred by collateral estoppel and that they failed to establish actual damages for procedural due process violations.
• Gjellum v. The City OF Birmingham
  829 F.2d 1056· 11th Cir.· 1987-10-13 ·cited 30×·via 42 U.S.C. § 1983 Action
  The court held that federal common law of preclusion does not require application of state claim preclusion rules to unreviewed state administrative decisions in Section 1983 suits.
• Horn v. Kean
  796 F.2d 668· 3d Cir.· 1986-07-16 ·cited 30×·via 42 U.S.C. § 1983 Action
  The court should reverse the district court's dismissal of the First Amendment claims, as the distinction between government servants and independent contractors is irrelevant to First Amendment protections against compelled political association and expression. The state's inter
• Lywanna Cooper v. City OF N. Olmsted
  795 F.2d 1265· 6th Cir.· 1986-07-16 ·cited 30×·via Discrimination Under 42 U.S.C. § 1983
  The court held that a prior state court decision denying unemployment benefits based on 'just cause' for discharge does not collaterally estop a subsequent federal discrimination claim, as the issues are not identical. The court also reversed a finding of retaliatory discharge du
• Skoblow v. Ameri-Manage, Inc.
  483 So. 2d 809· Fla. 3d DCA· 1986-02-18 ·cited 30×
  Public officials are absolutely immune from defamation claims for statements made within the scope of their duties, and state agencies are immune from § 1983 actions unless immunity is waived.
• Riley v. Jeffes
  777 F.2d 143· 3d Cir.· 1985-11-21 ·cited 30×·via 42 U.S.C. § 1983 Action
  The plaintiff prisoner's fear of assault due to unlocked cells does not rise to the level of an Eighth Amendment violation.
• Watts v. Laurent
  774 F.2d 168· 7th Cir.· 1985-09-18 ·cited 30×
  The court held that the evidence was sufficient to support the jury's finding that four defendants were aware of a strong likelihood of an attack on the plaintiff, but that the evidence was insufficient to establish that the fifth defendant, Steele, had such knowledge. The court
• Ladnier v. Murray
  769 F.2d 195· 4th Cir.· 1985-07-31 ·cited 30×
  The jury's special verdict answers were irreconcilably contradictory, requiring reversal of the judgment and a new trial.
• Hazen v. Pasley
  768 F.2d 226· 8th Cir.· 1985-07-15 ·cited 30×·via 42 U.S.C. § 1983 Action
  Transfers of property by a prisoner in custody to a law enforcement officer violate public policy and are void. The district court abused its discretion in denying sanctions for discovery violations.
• Horton v. Duford Taylor
  767 F.2d 471· 8th Cir.· 1985-07-11 ·cited 30×
  The majority opinion holds that the dismissal of road-graders is not excepted from the Elrod-Branti rule as a matter of law due to insufficient evidence to raise a factual issue.
• Smith v. Rowe
  761 F.2d 360· 7th Cir.· 1985-04-26 ·cited 30×·via 42 U.S.C. § 1983 Action
  The court affirmed the jury's award of damages, holding that the exclusion of documents was not an abuse of discretion, the plaintiff's refusal to take other job assignments did not constitute a failure to mitigate damages as a matter of law, the compensatory damages award was no
• Bennie Stewart, Jr. v. Thigpen
  730 F.2d 1002· 5th Cir.· 1984-04-30 ·cited 30×·via Section 1983
  A prisoner's failure to move for a directed verdict on certain claims at trial precludes him from raising the sufficiency of the evidence for those claims on appeal, and jury verdicts will be upheld if supported by substantial evidence.
• J-R Distribs., Inc. v. Eikenberry
  725 F.2d 482· 9th Cir.· 1984-02-06 ·cited 30×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The majority opinion is flawed in holding that the use of the word 'lust' in defining prurient interest renders a statute facially overbroad under the First Amendment.
• William (Bob) Brown v. Wiley C. Edwards & All Other Constables In the State of Miss.
  721 F.2d 1442· 5th Cir.· 1984-01-03 ·cited 30×·via 42 U.S.C. § 1983 Action
  Assuming probable cause for arrest, a constable's financial incentive under a fee system does not violate constitutional rights, as arrest is executive action not requiring judicial impartiality.
• Scott v. Dixon
  720 F.2d 1542· 11th Cir.· 1983-12-15 ·cited 30×
  The court held that summary judgment was improperly granted for Dixon, Kelley, and Latham, as genuine issues of material fact existed regarding state action and qualified immunity. However, Floyd, the clerk, was entitled to absolute judicial immunity.
• Duran v. Elrod
  713 F.2d 292· 7th Cir.· 1983-07-22 ·cited 30×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the district court did not abuse its discretion in denying the county's motion to modify the consent decree to allow double-bunking and in ordering the release of low-bond pretrial detainees to comply with the population cap.
• Sampley v. Ruettgers
  704 F.2d 491· 10th Cir.· 1983-04-05 ·cited 30×·via 42 U.S.C. § 1983 Action
  The court held that a prison guard's unauthorized beating of an inmate can violate the Eighth Amendment if it involves the unnecessary and wanton infliction of pain, and that a prisoner's claim must allege intent to harm, excessive force, and resulting severe pain or lasting inju
• Ward v. Johnson
  690 F.2d 1098· 4th Cir.· 1982-10-07 ·cited 30×
• Baker v. Bell
  630 F.2d 1046· 5th Cir.· 1980-11-17 ·cited 30×
  The court held that the district court correctly applied the 'special efforts' standard under the UMT Act, but erred in limiting the Section 504 claims to review of the administrative record, remanding for further consideration of those claims.
• Fact Concerts, Inc. v. The City OF Newport
  626 F.2d 1060· 1st Cir.· 1980-06-17 ·cited 30×·via Violation Of First Amendment Rights Under 42 U.S.C. § 1983
  The court held that the trial court did not err in denying defendants' motions, allowing certain cross-examination, or instructing the jury on punitive damages against the City, affirming the jury's verdict.
• Heimbach v. Vill. OF Lyons (Wayne Cnty.
  597 F.2d 344· 2d Cir.· 1979-04-26 ·cited 30×
  The court held that a village is a "person" under 42 U.S.C. § 1983 following Monell, and that while a justice has absolute immunity for damages, other officials have only qualified immunity, making dismissal premature if bad faith is alleged.
• The Honorable Cliff Finch v. Miss. State Med. Ass'n, Inc.
  585 F.2d 765· 5th Cir.· 1978-12-07 ·cited 30×
  The court held that black physicians seeking to represent a class have standing, and their claims were improperly dismissed, but other plaintiffs and claims were correctly dismissed. The court also found that the Mississippi State Medical Association is the only proper defendant
• Chavez v. Tempe Union High Sch. Dist. # 213
  565 F.2d 1087· 9th Cir.· 1977-12-05 ·cited 30×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the plaintiff failed to establish a prima facie case of discrimination under Title VII or § 1983 because the position she sought was already filled by a prior appointment, and the district's employment practices were not shown to be discriminatory.
• Cleveland Kimbrough v. Dave O'Neil [O'Neal]
  545 F.2d 1059· 7th Cir.· 1976-10-29 ·cited 30×·via 42 U.S.C. § 1983 Action
  A section 1983 action should be permitted when a prisoner's property is lost by state officials, regardless of whether the loss was intentional or negligent.
• Beraldine L. Acha and Arlene M. Egan v. Beame
  531 F.2d 648· 2d Cir.· 1976-02-19 ·cited 30×
  The court held that a seniority system, while generally valid, cannot be used to perpetuate past discrimination, and relief is available to those who prove they were improperly denied rightful placement in the seniority hierarchy due to discrimination.
• United States ex rel. Rodney R. Haymes v. Montanye
  505 F.2d 977· 2d Cir.· 1974-10-04 ·cited 30×·via 42 U.S.C. § 1983 Action
  The court held that a prisoner transferred to another facility without a hearing may have been denied due process if the transfer was punitive, and the mere fact of dislocation can constitute sufficient hardship.
• Scheelhaase v. Woodbury Cent. Cmty. Sch. Dist.
  488 F.2d 237· 8th Cir.· 1973-11-28 ·cited 30×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the school board's decision to terminate a teacher's contract, even if based on an erroneous interpretation of student test scores, was not arbitrary and capricious and thus did not violate substantive due process.
• Strickland v. Inlow
  485 F.2d 186· 8th Cir.· 1973-08-29 ·cited 30×
  The dissenting judges argue that the panel's reversal based on substantive due process was improper, as the case did not involve an invasion of specifically protected federal constitutional rights.
• Mrs. Cornelius Cuthbertson Hill v. Rowland
  474 F.2d 1374· 4th Cir.· 1973-03-14 ·cited 30×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the district court erred by instructing the jury solely on an objective probable cause standard for a § 1983 claim, rather than also considering the officers' good faith and reasonable belief in the legality of the arrest. This error, along with confusing inst
• Jones v. Perrigan
  459 F.2d 81· 6th Cir.· 1972-04-26 ·cited 30×·via Section 1983
  Federal law enforcement officers do not have immunity from damage suits for constitutional violations if they act without good faith and probable cause.
• Asher v. Harrington
  461 F.2d 890· 7th Cir.· 1972-04-13 ·cited 30×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the complaint stated a proper federal claim under Section 1983 for arbitrary denial of constitutional rights.
• Solomon Feldman, Jr. v. State Bd. OF LAW Exam'rs
  438 F.2d 699· 8th Cir.· 1971-03-03 ·cited 30×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that a federal court cannot review the grading of bar examination papers or grant injunctive relief for alleged grading errors or discrimination, as such matters must first be addressed by the state's highest court.
• Weisberg v. Powell
  417 F.2d 388· 7th Cir.· 1969-10-03 ·cited 30×
  The court held that the Secretary of State's intentional and purposeful discrimination in arranging ballot order, by favoring certain candidates through a Sunday mail pickup scheme, violated the Equal Protection Clause.
• Deane Hill Country Club, Inc. v. City OF Knoxville & George F. McCanless
  379 F.2d 321· 6th Cir.· 1967-06-16 ·cited 30×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that a city annexation ordinance and its enabling state act were constitutional and that the plaintiff's claims were barred by res judicata.
• Webster Hardwick, Jr. v. Hurley
  289 F.2d 529· 7th Cir.· 1961-05-02 ·cited 30×
  The court held that a complaint alleging police officers beat a suspect to punish him for refusing to incriminate himself states a claim under 42 U.S.C.A. § 1983, even if the underlying conduct could also be a state tort.
• Am. Booksellers v. Webb
  919 F.2d 1493· 11th Cir.· 1990-12-27 ·cited 29×
  The majority's interpretation of the statute to permit booksellers to avoid criminal penalties by using 'blinder racks' is not reasonable given the statutory language.
• H. Harlan Stone, M.D. v. Univ. OF Md. Med. Sys. Corp.
  855 F.2d 167· 4th Cir.· 1988-08-19 ·cited 29×·via 42 U.S.C. § 1983 Action
  The court held that a public employee's resignation is voluntary, and thus not a deprivation of property triggering due process protections, if it is not induced by employer misrepresentation or coercion, and the employee's reliance on any alleged misrepresentation is not reasona