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

• Fitzgerald v. Porter Mem'l Hosp.
  523 F.2d 716· 7th Cir.· 1975-09-26 ·cited 24×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the asserted right of marital privacy does not extend to a father's presence in the delivery room of a public hospital that has a policy excluding him for medical reasons.
• Clark v. Ziedonis
  513 F.2d 79· 7th Cir.· 1975-03-26 ·cited 24×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court's finding that the officer used excessive force was not clearly erroneous, affirming the judgment.
• McLALLEN v. Henderson
  492 F.2d 1298· 8th Cir.· 1974-03-05 ·cited 24×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Court reporters are not protected by judicial immunity for ministerial duties, but may have qualified immunity.
• Beauregard F. Birdwell v. Hazelwood Sch. Dist.
  491 F.2d 490· 8th Cir.· 1974-02-05 ·cited 24×
  A probationary teacher's disruptive conduct, including inciting students and suggesting violence, can justify termination, and the teacher waived due process claims by failing to attend a properly noticed hearing.
• Am. Radio Ass'n v. Mobile S.S. Ass'n, Inc.
  483 F.2d 1· 5th Cir.· 1973-08-22 ·cited 24×
  The court held that the district judge did not abuse his discretion in denying the unions' motion for a preliminary injunction to enjoin state court proceedings.
• Braden v. The Univ. OF Pittsburgh & Wesley W. Posvar
  477 F.2d 1· 3d Cir.· 1973-04-11 ·cited 24×
• LaFLEUR v. Cleveland Bd. OF Educ.
  465 F.2d 1184· 6th Cir.· 1972-07-27 ·cited 24×
  The regulation requiring maternity leave prior to delivery is a permissible exercise of the Board's discretion and does not violate the Equal Protection Clause. However, the post-delivery waiting period lacks a rational basis.
• Gautreaux v. Romney
  457 F.2d 124· 7th Cir.· 1972-03-08 ·cited 24×
  The court held that the district court abused its discretion by enjoining all federal funds for the Model Cities Program to pressure unrelated entities, ignoring the program's innocent beneficiaries.
• Bright v. Louie B. Nunn
  448 F.2d 245· 6th Cir.· 1971-09-24 ·cited 24×·via Violation Of First Amendment Rights Under 42 U.S.C. § 1983
  The court held that the Governor and University President acted within their authority in imposing restrictions during campus disorders, and these actions did not violate students' First Amendment rights.
• Fletcher v. Hook
  446 F.2d 14· 3d Cir.· 1971-05-17 ·cited 24×
  The court held that a state prisoner's malpractice claim against his appointed counsel is not cognizable under the Civil Rights Act, and a perjury claim was properly dismissed.
• Marland v. Heyse
  315 F.2d 312· 10th Cir.· 1963-03-26 ·cited 24×
  The court held that arrests made without probable cause, under the circumstances described, could constitute a deprivation of constitutional rights actionable under 42 U.S.C. § 1983, creating a jury question.
• Byrd v. Sexton
  277 F.2d 418· 8th Cir.· 1960-03-28 ·cited 24×
  The court held that 42 U.S.C.A. § 1983 and § 1985 do not provide relief for the plaintiff's alleged injuries, as the statutes were intended to protect against state action and not individual invasions of rights, and have been narrowly interpreted.
• Est. OF Joseph D. Farrar & Dale Lawson Farrar v. Cain
  941 F.2d 1311· 5th Cir.· 1991-09-17 ·cited 23×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
• Archuleta v. Quinton McSHAN
  897 F.2d 495· 10th Cir.· 1990-03-01 ·cited 23×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  A child witnessing a police officer's violent arrest of their father does not have a constitutional claim under 42 U.S.C. § 1983 for emotional distress, as the officer's conduct was not directed at the child with the requisite intent to violate their rights.
• Powell v. Gardner
  891 F.2d 1039· 2d Cir.· 1989-12-13 ·cited 23×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the evidence was sufficient to allow a jury to find that Officer Gardner used excessive force, thus reversing the directed verdict against him. However, the court affirmed the directed verdict for the County on the § 1983 claim due to lack of evidence of a mun
• Krause v. R.O. Bennett, Jr.
  887 F.2d 362· 2d Cir.· 1989-09-20 ·cited 23×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  A police officer is entitled to qualified immunity if it was objectively reasonable for them to believe their actions did not violate the plaintiff's rights, and the warrant application was not so lacking in indicia of probable cause as to render official belief in its existence
• Germany v. Vance
  868 F.2d 9· 1st Cir.· 1989-03-20 ·cited 23×
  The court held that state caseworkers' conduct in failing to inform a juvenile offender of potentially exculpatory information was not, as a matter of law, intentional or reckless, and thus not actionable under section 1983 for denial of due process.
• Cheryll Gray v. Cnty. OF Dane
  854 F.2d 179· 7th Cir.· 1988-07-28 ·cited 23×·via Section 1983
  The court held that the plaintiff failed to state a claim under section 1983 because her allegations did not establish a municipal policy or custom of discrimination and retaliation, and that her appeal regarding the Title VII dismissal was moot.
• Outley v. The City OF NEW York
  837 F.2d 587· 2d Cir.· 1988-01-25 ·cited 23×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the trial court abused its discretion by precluding eyewitness testimony due to a discovery violation and by admitting evidence of prior lawsuits, which was unduly prejudicial.
• Dist. Council 47 v. Bradley
  795 F.2d 310· 3d Cir.· 1986-07-09 ·cited 23×
  The dissenting judge argues that the majority erred in excusing deficient pleadings and the failure to seek leave to amend, asserting that civil rights claims require specific factual allegations tying defendants to the alleged deprivations.
• Frazier v. Se. Pa. Transp. Auth. & Transp. Workers Union of Philadelphia
  785 F.2d 65· 3d Cir.· 1986-03-04 ·cited 23×
  The court held that while some counts of the complaint were too broad and conclusory to provide adequate notice, others, particularly those alleging specific instances of discriminatory discipline and sexual harassment, were sufficiently specific to proceed. The court vacated the
• Conley v. Bd. OF Trs. OF Grenada Cnty. Hosp.
  707 F.2d 175· 5th Cir.· 1983-06-13 ·cited 23×·via 42 U.S.C. § 1983 Action
  The court held that a hospital employee guidebook can create a property interest in continued employment, and that procedural due process requires notice and an opportunity to rebut charges, but the specific application varies by individual circumstances.
• Kerr v. Quinn
  692 F.2d 875· 2d Cir.· 1982-11-04 ·cited 23×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the district court erred in denying attorney fees because the plaintiff's civil rights claim was not so strong at the outset as to assure easy retention of counsel on a contingent basis.
• Jackson v. Reese
  608 F.2d 159· 5th Cir.· 1979-12-10 ·cited 23×·via 42 U.S.C. § 1983 Action
  The court held that a pro se prisoner's claims that the parole board's refusal to allow access to files and consideration of the offense violated due process and double jeopardy were properly dismissed for failure to state a cause of action.
• Harold H. Gordon and the Estate of Louis P. Begin v. City OF Warren
  579 F.2d 386· 6th Cir.· 1978-06-26 ·cited 23×
  A direct cause of action exists against municipalities to recover damages for a taking of private property for public use without just compensation, and the statute of limitations does not begin to run until the controversy over the taking is resolved.
• United States ex rel. Harold Walker v. Mancusi
  467 F.2d 51· 2d Cir.· 1972-09-20 ·cited 23×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the segregation of inmates in a special housing unit did not violate their Eighth or Fourteenth Amendment rights, and the procedures used satisfied due process requirements.
• Sheena Yarbrough v. Decatur Hous. Auth.
  941 F.3d 1022· 11th Cir.· 2019-10-29 ·cited 22×
  The Due Process Clause requires that a decision to terminate a Section 8 housing voucher be supported by 'some evidence,' and the evidence presented here met that standard.
• Keen v. Fla. Sheriffs' Self-Insurance Fund
  962 So. 2d 1021· Fla. 4th DCA· 2007-08-08 ·cited 22×·via 42 U.S.C. § 1983 Civil Rights Violations
  Angela Keen, sexually assaulted by a jail deputy while incarcerated, sued the Florida Sheriffs' Self-Insurance Fund for its refusal to defend or cover the deputy. The court affirmed summary judgment for the Fund, holding that the Fund's policy excludes coverage for criminal acts
• Smith v. Freland
  954 F.2d 343· 6th Cir.· 1992-01-06 ·cited 22×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officer's use of deadly force was reasonable under the Fourth Amendment, even if the suspect was surrounded, because the suspect posed a significant threat of serious physical harm to others.
• Carral Raymond Gilbreath v. Cutter Biological, Inc.
  931 F.2d 1320· 9th Cir.· 1991-04-22 ·cited 22×
  State prisoners working in prison industries are not employees under the FLSA, and federal courts lack jurisdiction over state law claims against the state due to the Eleventh Amendment.
• Davis v. Mason Cnty.
  927 F.2d 1473· 9th Cir.· 1991-03-12 ·cited 22×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the sheriff is not the final policymaker for deputy training under Washington law, and the jury instructions on municipal liability did not meet the deliberate indifference standard required by Canton v. Harris.
• Rellergert v. Cape Girardeau Cnty.
  924 F.2d 794· 8th Cir.· 1991-02-04 ·cited 22×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  Jailers are entitled to qualified immunity if their preventive measures against inmate suicide, while perhaps negligent, were not deliberately indifferent to a known risk.
• In re William M. Kunstler. In re Barry Nakell. In re Lewis Pitts v. Britt
  914 F.2d 505· 4th Cir.· 1990-10-12 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that Rule 11 sanctions can be imposed after a voluntary dismissal under Rule 41(a)(2), and that the attorneys violated Rule 11 by failing to conduct a reasonable inquiry into the facts and law, and by filing the complaint for an improper purpose.
• Wildberger v. Sgt. David Bracknell
  869 F.2d 1467· 11th Cir.· 1989-04-14 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that a prisoner's claim of retaliation for filing grievances, if proven, states a constitutional claim under the First Amendment.
• Browning v. Pendleton
  869 F.2d 989· 6th Cir.· 1989-03-16 ·cited 22×·via 42 U.S.C. § 1983 Action
  The Supreme Court's decision in Owens v. Okure mandates that state general or residual statutes of limitations for personal injury actions apply to section 1983 claims, rejecting the intentional tort analogy previously used by this court.
• Quesada v. Thomason
  850 F.2d 537· 9th Cir.· 1988-06-23 ·cited 22×·via Section 1983
  A district court cannot reduce a statutory attorney fee award below the lodestar amount based on the existence of a contingent-fee agreement or the simplicity of the case's issues.
• Stubbs v. C.O. Robert Dudley
  849 F.2d 83· 2d Cir.· 1988-06-13 ·cited 22×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the magistrate erred in granting judgment notwithstanding the verdict, as the jury could reasonably find deliberate indifference to the inmate's safety.
• Martin v. Sheriff Richard Tyson
  845 F.2d 1451· 7th Cir.· 1988-05-09 ·cited 22×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the amended complaint sufficiently suggested the incorporation of a previously omitted claim regarding denial of access to newspapers.
• Knight v. Mills
  836 F.2d 659· 1st Cir.· 1987-12-29 ·cited 22×·via 42 U.S.C. § 1983 Claim For Damages
  State officials are entitled to qualified immunity from civil damages when their actions do not violate clearly established statutory or constitutional rights, and a declaratory judgment is not warranted on this record.
• Trujillo v. Goodman
  825 F.2d 1453· 10th Cir.· 1987-08-07 ·cited 22×
  The court held that a jury could reasonably find that an officer's use of excessive force, while constituting a battery, did not rise to the level of a constitutional violation under 42 U.S.C. § 1983, particularly when the force was a spontaneous reaction rather than malicious.
• Patton v. Przybylski
  822 F.2d 697· 7th Cir.· 1987-06-17 ·cited 22×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that a complaint alleging racial discrimination and wrongful arrest must be accepted as true at the dismissal stage.
• Holloway v. A.L. Lockhart
  813 F.2d 874· 8th Cir.· 1987-03-05 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that a local rule conditioning discovery on leave of court for prisoner petitions is invalid because it conflicts with the Federal Rules of Civil Procedure, and that summary judgment was inappropriate due to genuine issues of material fact and insufficient discover
• Harper v. Jeffries
  808 F.2d 281· 3d Cir.· 1986-12-31 ·cited 22×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  A federal court should not dismiss a § 1983 damages claim brought concurrently with a habeas corpus petition, even if state remedies for confinement have not been exhausted.
• Jensen v. City OF SAN Jose & Harry Stangel
  806 F.2d 899· 9th Cir.· 1986-12-17 ·cited 22×·via 42 U.S.C. § 1983 Action
• Skeets v. Johnson
  805 F.2d 767· 8th Cir.· 1986-11-12 ·cited 22×
  The majority held that an at-will state employee possessed a constitutionally protected property right due to grievance procedures and was entitled to reinstatement with backpay without proving he would have been discharged absent procedural errors. The dissent disagreed with all
• Draper v. Davis S. Coombs
  792 F.2d 915· 9th Cir.· 1986-06-24 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that plaintiff properly pleaded § 1983 claims for extradition violations and towing under an unconstitutional ordinance, and that nominal damages are available even without actual harm. Claims against the State of Washington were affirmed due to Eleventh Amendment
• Sykes v. McDOWELL
  786 F.2d 1098· 11th Cir.· 1986-04-15 ·cited 22×·via Section 1983
  The court held that state administrative proceedings did not bar the deputy sheriff's federal First Amendment claim, submitting the protected speech issue to the jury was not plain error, and the damages awarded were not excessive.
• Berger v. Battaglia
  779 F.2d 992· 4th Cir.· 1985-12-20 ·cited 22×·via Violation Of First Amendment Rights Under 42 U.S.C. § 1983
  The court held that conditioning continued employment on an officer's cessation of offensive off-duty public entertainment performances, even if potentially disruptive to community relations, violates the First Amendment when there is no showing of direct disruption to the depart
• Mark v. Furay
  769 F.2d 1266· 7th Cir.· 1985-08-08 ·cited 22×
  A plaintiff arrested pursuant to a facially valid warrant generally has no claim for unconstitutional deprivation of liberty under § 1983, even if the arresting officers had malicious motives, unless the plaintiff can show the warrant was procured by misrepresentation of material
• Harrison v. Byrd
  765 F.2d 501· 5th Cir.· 1985-07-15 ·cited 22×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court abused its discretion in denying the plaintiff's Rule 60(b) motion because it overlooked a timely filed affidavit that raised a material issue of fact regarding excessive force.