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

• RAY v. Mabry
  556 F.2d 881· 8th Cir.· 1977-06-09 ·cited 27×
  The court held that an inmate's allegations of being compelled to perform physical labor beyond his capabilities, under threat of abuse and excessive hours, state a claim for cruel and unusual punishment under the Eighth Amendment, and thus the complaint should not have been dism
• Brubaker v. Bd. OF Educ.
  502 F.2d 973· 7th Cir.· 1974-07-31 ·cited 27×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
• Evett L. Simmons v. Ric Bradshaw
  879 F.3d 1157· 11th Cir.· 2018-01-10 ·cited 26×·via 42 U.S.C. § 1983 (Excessive Force)
  Dontrell Stephens was shot four times by Deputy Sheriff Adams Lin during a traffic stop in September 2013, resulting in permanent paralysis. A jury awarded Stephens $23,148,100 in damages for excessive force. The Eleventh Circuit affirmed summary judgment dismissing Stephens' Mon
• Colon v. Lieutenant Bruce Schneider
  899 F.2d 660· 7th Cir.· 1990-04-12 ·cited 26×
  The court held that Wisconsin administrative regulations governing the use of mace do not create a federally protected liberty interest for inmates, and therefore, the inmate's due process claim fails.
• Delwood C. Collins v. Marina-Martinez
  894 F.2d 474· 1st Cir.· 1990-01-24 ·cited 26×
  A university administrator's actions in terminating a tenured professor without adequate notice and a meaningful opportunity to be heard violate procedural due process, and qualified immunity does not shield the administrator from liability when the right to due process was clear
• Reather Reynolds v. City OF Little Rock
  893 F.2d 1004· 8th Cir.· 1990-01-12 ·cited 26×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the Equal Protection Clause prohibits governmental litigants from using peremptory challenges to exclude jurors based on race in civil cases, and that the City's refusal to justify its strikes required vacating the judgment for a Batson hearing.
• Young v. Kenny
  907 F.2d 874· 9th Cir.· 1989-10-11 ·cited 26×·via 42 U.S.C. § 1983 Claim For Damages
  A federal court must stay a prisoner's 42 U.S.C. § 1983 claim challenging the duration of confinement, rather than dismiss it, to allow exhaustion of state remedies via habeas corpus.
• Gwin v. Snow
  870 F.2d 616· 11th Cir.· 1989-04-19 ·cited 26×·via Section 1983
  The court held that Gwin's equal protection claims challenging the Board's parole procedures and denial of compassionate leave are properly brought under section 1983 and do not require exhaustion of state remedies, reversing the district court's dismissal of these claims.
• Bateson v. Geisse
  857 F.2d 1300· 9th Cir.· 1988-09-20 ·cited 26×
  The City Council's arbitrary withholding of a building permit, after all requirements were met, violated the developer's substantive due process rights and constituted official policy, making the City and council members liable. The court also affirmed the dismissal of procedural
• Boswell v. The Cnty. OF Sherburne
  849 F.2d 1117· 8th Cir.· 1988-06-21 ·cited 26×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  Government officials are not entitled to qualified immunity if their conduct violates clearly established constitutional rights, even if the specific factual scenario is not identical to prior precedent.
• Vosburg v. Solem
  845 F.2d 763· 8th Cir.· 1988-04-27 ·cited 26×·via 42 U.S.C. § 1983 Action
  The Eighth Circuit affirmed the jury's verdict awarding the plaintiff $10,000 on his section 1983 claim, finding sufficient evidence that prison officials acted with reckless disregard of the plaintiff's right to protection from sexual assault. The court also affirmed the award o
• Ostlund v. Bobb
  825 F.2d 1371· 9th Cir.· 1987-08-21 ·cited 26×
  The court held that the City violated the plaintiff's due process rights by failing to provide a hearing regarding his disability retirement benefits, and that the officials were not entitled to qualified immunity.
• Quintana v. Anselmi
  817 F.2d 891· 1st Cir.· 1987-04-24 ·cited 26×·via 42 U.S.C. § 1983 Action
  The dissenting judge disagrees with the majority's characterization of the appellee's job functions as policy-making, confidential, or official communicative tasks, and questions the interlocutory appellate jurisdiction.
• Wilborn v. Escalderon
  789 F.2d 1328· 9th Cir.· 1986-07-03 ·cited 26×·via 42 U.S.C. § 1983 Action
  The court held that an order denying a request for counsel under 28 U.S.C. § 1915(d) is not immediately appealable, but the district court should have granted leave to amend the complaint to add a defendant and conduct discovery.
• Adams v. Grainger W. McILHANY
  764 F.2d 294· 5th Cir.· 1985-06-27 ·cited 26×·via 42 U.S.C. § 1983 Claim For Damages
  A judge is absolutely immune from liability for judicial acts performed within their jurisdiction, even if those acts are malicious or procedurally flawed. Claims for injunctive and declaratory relief require a live case or controversy, which is absent when the plaintiff has alre
• Bell v. The Little AXE Indep. Sch. Dist. NO. 70 OF Cleveland Cnty.
  766 F.2d 1391· 10th Cir.· 1985-06-26 ·cited 26×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that plaintiffs must prove actual damages resulting from the deprivation of their First Amendment rights, and absent such proof, they are entitled to nominal damages only.
• Artell M. Henry (81-1767) v. City OF Detroit Manpower Dep't
  763 F.2d 757· 6th Cir.· 1985-05-22 ·cited 26×·via 42 U.S.C. § 1983 Civil Rights Violations
  Orders denying motions for appointment of counsel in Title VII and § 1983 actions are not immediately appealable "final decisions" under 28 U.S.C. § 1291.
• Grossart v. Dinaso
  758 F.2d 1221· 7th Cir.· 1985-04-03 ·cited 26×
  The court should reverse and remand for further findings on whether the employee's political affiliation was a 'but for' cause of her termination.
• Penagaricano v. Llenza
  747 F.2d 55· 1st Cir.· 1984-11-02 ·cited 26×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's claims constitute a nonjusticiable military controversy because the balance of factors, particularly interference with military function and the exercise of military expertise, weighs against judicial review.
• Soto v. Dickey
  744 F.2d 1260· 7th Cir.· 1984-09-20 ·cited 26×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the trial court erred in finding that the use of mace in the Adjustment Center violated constitutional rights, as the evidence showed it was used reasonably to maintain discipline and safety after inmates refused lawful orders.
• Bennett L. Crowder, II v. J.K. Conlan
  740 F.2d 447· 6th Cir.· 1984-08-02 ·cited 26×·via 42 U.S.C. § 1983 Action
  The court held that the hospital's restriction of a physician's privileges was not "state action" under 42 U.S.C. § 1983, as there was insufficient nexus between the state and the hospital's decision, which was based on professional medical judgments.
• Renfroe v. Kirkpatrick
  722 F.2d 714· 11th Cir.· 1984-01-12 ·cited 26×·via 42 U.S.C. § 1983 Action
  A public employee's grievance is protected by the First Amendment only if it relates to a matter of public concern, not merely personal interest.
• Watts v. Odom Graves
  720 F.2d 1416· 5th Cir.· 1983-12-12 ·cited 26×·via Section 1983
  A guilty plea does not preclude a subsequent Section 1983 action for Fourth Amendment violations that were not litigated in the state proceedings, and dismissal of claims regarding warrantless conversation interception was proper.
• Mrs. Tobie Brantley v. M.F. Surles
  718 F.2d 1354· 5th Cir.· 1983-11-10 ·cited 26×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the district court erred in dismissing the plaintiff's § 1983 claim for failure to state a claim, exhaustion of remedies, and res judicata, and reversed and remanded for further proceedings.
• Or. Env't Council v. Kunzman
  714 F.2d 901· 9th Cir.· 1983-08-30 ·cited 26×·via 42 U.S.C. § 1983 Action
  The court held that the federal appellees' environmental assessment and programmatic environmental impact statement were insufficient to comply with NEPA for the South Salem spraying program, but that the program did not violate FIFRA's label restrictions.
• Gilmore v. Salt Lake Community Action Program
  710 F.2d 632· 10th Cir.· 1983-04-18 ·cited 26×·via Section 1983
  The court held that the termination of employment was neither federal nor state action, as the plaintiff failed to demonstrate that the decision was attributable to a governmental policy or rule, despite the agency's governmental funding and the presence of public officials on it
• Anderson v. Coughlin
  700 F.2d 37· 2d Cir.· 1983-01-26 ·cited 26×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the complaint was insufficient to survive a 12(b)(6) motion because it lacked specific factual allegations and failed to provide notice of the claim. However, the failure to provide notice that the motion would be treated as a summary judgment was harmless.
• Manego v. Cape COD Five Cents Sav. Bank
  692 F.2d 174· 1st Cir.· 1982-10-28 ·cited 26×
  The court held that the plaintiff failed to present sufficient evidence to create a genuine issue of material fact regarding a conspiracy to deny him a disco license based on race, thus summary judgment for the defendants was proper.
• Sanchez v. Schwartz
  688 F.2d 503· 7th Cir.· 1982-09-13 ·cited 26×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court affirmed the plaintiff's entitlement to attorney's fees under 42 U.S.C. § 1988 and the exclusion of fees for administrative delays, but reversed and remanded for further reductions in the expert witness fee and compensable hours.
• Taylor v. Gilmartin
  686 F.2d 1346· 10th Cir.· 1982-07-30 ·cited 26×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the trial court erred in directing verdicts on the false imprisonment and intentional infliction of emotional distress claims, but affirmed the dismissal of the § 1983 claim for lack of state action.
• Metrocare v. Wash. Metro. Area Transit Auth.
  679 F.2d 922· D.C. Cir.· 1982-05-28 ·cited 26×
  The court held that the jury's verdicts of race discrimination for four individual plaintiffs were supported by sufficient evidence and should be reinstated, but the jury's verdict for class-wide discrimination was not supported by adequate evidence and was properly set aside.
• Avery v. Homewood City Bd. OF Educ.
  674 F.2d 337· 5th Cir.· 1982-04-26 ·cited 26×
  A discharge based in part on an impermissible ground, such as pregnancy out of wedlock, is unlawful unless the employer proves by a preponderance of the evidence that it would have made the same decision even without the impermissible ground. A discharge solely for pregnancy out
• Brooks v. Britton
  669 F.2d 665· 11th Cir.· 1982-03-01 ·cited 26×·via § 1983 Suit
  The court held that the appellant's failure to file a motion for an extension of time to file the notice of appeal rendered any implicit finding of excusable neglect ineffectual.
• Bradford v. Bronner
  665 F.2d 680· 5th Cir.· 1982-01-11 ·cited 26×·via 42 U.S.C. § 1983 Action
  The court held that Tomlin's claims were barred by res judicata, Smith's claims required exhaustion of state remedies, and Bradford's claims were properly dismissed due to performance and lack of reputational harm actionable under § 1983.
• Padway v. Palches
  665 F.2d 965· 9th Cir.· 1982-01-11 ·cited 26×
  The court held that summary judgment was improper on Title VII claims regarding reassignment and discharge due to disputed facts suggesting sex discrimination, but individual defendants are not liable for back pay. Summary judgment was also reversed for § 1983 and § 1985(3) claim
• Wilson v. Robinson
  668 F.2d 380· 8th Cir.· 1981-12-30 ·cited 26×·via 42 U.S.C. § 1983 Action
  The court held that a county ordinance creating procedural rights for employee termination is valid and enforceable under state law, and that exhaustion of administrative remedies is not required for section 1983 claims.
• Wheatley v. Police Officers Robert Beetar
  637 F.2d 863· 2d Cir.· 1980-12-31 ·cited 26×·via 42 U.S.C. § 1983 (Excessive Force)
  The court should order a new trial on all issues, not just damages, because liability and damages are too intertwined.
• Iola Forts v. Ward
  621 F.2d 1210· 2d Cir.· 1980-05-08 ·cited 26×
• LOE v. Armistead
  582 F.2d 1291· 4th Cir.· 1978-08-16 ·cited 26×·via 42 U.S.C. § 1983 Action
  The dissenting judge believes the majority erred in finding a § 1983 claim for deliberate indifference to serious medical needs and in creating a broad federal remedy under the Fifth Amendment.
• Domingo Roque Molina v. Paul T. Richardson & the City of Los Angeles
  578 F.2d 846· 9th Cir.· 1978-07-21 ·cited 26×·via Section 1983
  The dissenting judge would reverse the district court's decision, find jurisdiction, and infer a cause of action against the city directly from the Fourteenth Amendment.
• Arthur v. Ewald P. Nyquist
  573 F.2d 134· 2d Cir.· 1978-03-08 ·cited 26×
  The court held that officials sued in their official capacities for injunctive relief are 'persons' under § 1983, and that the district court correctly applied the 'foreseeable consequences' test to find intentional segregation by city appellants.
• Pedro and Olga A. Barrera v. Sec. Bldg. & Inv. Corp.
  519 F.2d 1166· 5th Cir.· 1975-09-25 ·cited 26×·via 42 U.S.C. § 1983 Action
  The court held that the non-judicial foreclosure of a deed of trust, even when regulated by state statute, does not constitute state action for purposes of a Fourteenth Amendment due process claim.
• Navarro v. Chief OF Police
  523 F.2d 214· 8th Cir.· 1975-09-04 ·cited 26×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the district court abused its discretion in dismissing the action for failure to prosecute, as the plaintiff's conduct did not demonstrate a clear record of delay or contumacious conduct.
• Draeger v. Grand Cent., Inc.
  504 F.2d 142· 10th Cir.· 1974-09-12 ·cited 26×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the store could not be held vicariously liable under 42 U.S.C. § 1983 for the off-duty officer's actions, as a private entity lacks the requisite official character for state action. However, the store could be held liable for false arrest and imprisonment.
• Artie Mahaley v. Cuyahoga Metro. Hous. Auth.
  500 F.2d 1087· 6th Cir.· 1974-07-09 ·cited 26×
  The court held that the single judge erred in finding a violation of Section 1983 and ordering relief against the municipalities, as their refusal to enter cooperation agreements was lawful under the Housing Act and did not constitute unconstitutional discrimination.
• Belle Few Thompson v. Sheppard
  490 F.2d 830· 5th Cir.· 1974-03-08 ·cited 26×
  A jury list drawn objectively and at random from the entire voting list is presumed to be representative, and the burden is on the challenger to prove constitutional deficiency.
• Tang v. App. Div. OF the NEW York Supreme Court
  487 F.2d 138· 2d Cir.· 1973-10-19 ·cited 26×·via 42 U.S.C. § 1983 Action
• Male v. Crossroads Assocs.
  469 F.2d 616· 2d Cir.· 1972-11-10 ·cited 26×
  The court held that the pervasive state involvement in the development and operation of the Crossroads Apartments meant its rental practices were subject to the Equal Protection Clause of the Fourteenth Amendment, and the refusal to consider welfare recipients for housing constit
• Wilkinson v. Skinner
  462 F.2d 670· 2d Cir.· 1972-06-28 ·cited 26×·via 42 U.S.C. § 1983 Action
  The court held that amended prison mail regulations mooted the case, as they adequately protect inmates' First and Sixth Amendment rights.
• Winters v. Alan D. Miller, M.D.
  446 F.2d 65· 2d Cir.· 1971-05-26 ·cited 26×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the appellant's constitutional rights were not violated by fingerprinting and photographing, and that the trial court's grant of summary judgment for the defendants should be affirmed.