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

• Vasco A. Smith, Jr. v. Holiday Inns OF Am., Inc.
  336 F.2d 630· 6th Cir.· 1964-09-22 ·cited 22×
  The court held that the motel's discriminatory refusal to serve Negroes constituted state action under the Fourteenth Amendment because the motel was an integral part of a state-sponsored and controlled urban redevelopment project, making the discrimination impermissible.
• Foley v. City OF Lowell
  948 F.2d 10· 1st Cir.· 1991-10-23 ·cited 21×
  The court held that evidence of subsequent police misconduct is admissible to prove a prior municipal policy of indifference, and that prejudgment interest should run until the date of final judgment.
• Redman v. Cnty. OF SAN Diego
  942 F.2d 1435· 9th Cir.· 1991-08-26 ·cited 21×·via Section 1983
  The court held that the majority's application of deliberate indifference standards to jail management was incorrect, suggesting judicial overreach.
• Liedel v. The Juv. Court OF Madison Cnty.
  891 F.2d 1542· 11th Cir.· 1990-01-16 ·cited 21×·via Section 1983
  The federal district court properly dismissed the plaintiffs' complaint for lack of jurisdiction, as it sought to review final state court judgments and enjoin ongoing state proceedings.
• Baez v. Hennessy
  853 F.2d 73· 2d Cir.· 1988-07-27 ·cited 21×·via 42 U.S.C. § 1983 Action
  A District Attorney is absolutely immune from civil liability for prosecutorial acts, and a county is not liable for a District Attorney's prosecutorial acts as they do not represent official county policy.
• Boone v. Redev. Agency OF the City OF SAN Jose
  841 F.2d 886· 9th Cir.· 1988-03-01 ·cited 21×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the city and agency are immune from antitrust liability under the state action doctrine, and that the developers' civil rights claims fail for lack of a vested property right. Koll's lobbying activities are protected by the Noerr-Pennington doctrine.
• Boring v. Kozakiewicz
  833 F.2d 468· 3d Cir.· 1987-11-16 ·cited 21×·via 42 U.S.C. § 1983 Action
  The court held that the Estelle v. Gamble Eighth Amendment standard for convicted prisoners does not apply to pretrial detainees, and the trial court erred in granting a directed verdict based on that standard.
• Smith v. City OF Chicago
  820 F.2d 916· 7th Cir.· 1987-06-10 ·cited 21×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's § 1983 action was barred by res judicata because it arose from the same core operative facts as his prior Shakman petition, which had been dismissed on the merits.
• Costello v. Town OF Fairfield
  811 F.2d 782· 2d Cir.· 1987-02-12 ·cited 21×·via Section 1983
  The court held that appellants were accorded all the process they were due, as post-deprivation remedies were adequate for their claims regarding pension calculations.
• Griffin v. Hilke
  804 F.2d 1052· 8th Cir.· 1986-11-06 ·cited 21×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the district court erred in denying the officers' motion for judgment notwithstanding the verdict or a new trial due to insufficient evidence against Officer Stoll and prejudicial closing arguments. The judgment against Stoll was reversed, and the case against
• Salahuddin v. Harris
  782 F.2d 1127· 2d Cir.· 1986-01-31 ·cited 21×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that dismissal under Rule 37(d) was improper because the plaintiff appeared for his deposition, and dismissal under Rule 37(b)(2) was improper because no court order was violated. Furthermore, neither Rule 16(f) nor Rule 41(b) justified the dismissal.
• Donny Joel Harvey v. Andrist
  754 F.2d 569· 5th Cir.· 1985-03-04 ·cited 21×·via 42 U.S.C. § 1983 Action
  The court held that the district court properly dismissed claims challenging the validity of detention for failure to exhaust habeas corpus remedies and properly dismissed other claims on the merits.
• Mims v. Shapp
  744 F.2d 946· 3d Cir.· 1984-09-17 ·cited 21×·via Violation Of Due Process Rights Under 42 U.S.C. § 1983
  The court held that the prisoner's prolonged administrative segregation, reviewed through subjective evaluations by prison officials, did not violate his due process rights, and thus the damages award was reversed.
• Mendez v. Belton
  739 F.2d 15· 1st Cir.· 1984-07-18 ·cited 21×
  The court held that Dr. Belton is not absolutely immune from suit under 42 U.S.C. § 233(a) for alleged intentional discrimination, but affirmed summary judgment because the plaintiff failed to present sufficient evidence of discrimination.
• Am. Fam. Life Assurance Co. of Columbus v. Teasdale
  733 F.2d 559· 8th Cir.· 1984-05-03 ·cited 21×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the former Governor was entitled to qualified immunity and that the plaintiff failed to prove its claims, justifying the award of attorney's fees.
• Harmon v. W.C. Berry and David Morse
  728 F.2d 1407· 11th Cir.· 1984-04-02 ·cited 21×
  The court held that a prisoner's pro se complaint alleging endangerment due to being labeled a "snitch" and subsequent rumors is sufficient to survive a motion to dismiss for frivolousness.
• Evans v. Carlton Croom
  650 F.2d 521· 4th Cir.· 1981-06-04 ·cited 21×·via 42 U.S.C. § 1983 Action
  The district court's rule for assessing partial filing fees for prisoner litigants is permissible, but remand is necessary to ensure prisoners have adequate notice and opportunity to explain account withdrawals.
• Local Union NO. 35 OF the Int'l Bhd. OF Elec. Workers v. City OF Hartford
  625 F.2d 416· 2d Cir.· 1980-06-13 ·cited 21×
  The court, in a dissenting opinion, argues that the City of Hartford's affirmative action ordinance, which sets employment quotas based on race and sex, is a form of numerus clausus legislation that is constitutionally suspect and historically dangerous. The dissent believes the
• James v. Ball
  613 F.2d 180· 9th Cir.· 1979-10-12 ·cited 21×·via 42 U.S.C. § 1983 Action
  The court held that the Arizona statutes limiting voting in Salt River Project elections to landowners, with votes apportioned by acreage, violate the Equal Protection Clause of the Fourteenth Amendment because the District's operations, including its extensive electric utility s
• Gosney v. Sonora Indep. Sch. Dist.
  603 F.2d 522· 5th Cir.· 1979-09-28 ·cited 21×·via Section 1983
  The court held that while the school district's no-outside-employment rule was facially valid, its selective and discriminatory enforcement against Mr. Gosney violated his Fourteenth Amendment right to equal protection.
• Cale v. The City OF Covington
  586 F.2d 311· 4th Cir.· 1978-11-03 ·cited 21×·via 42 U.S.C. § 1983 Action
  The court held that there is no implied cause of action for damages against a municipality under the Fourteenth Amendment, even with federal question jurisdiction, for the acts of its employees.
• Williams v. McCALL
  531 F.2d 1247· 5th Cir.· 1976-02-04 ·cited 21×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in dismissing the prisoner's civil rights complaint without affording him an opportunity to prove his allegations.
• Baxter v. Carson Hendren
  121 F.4th 873· 11th Cir.· 2024-11-13 ·cited 20×·via 42 U.S.C. § 1983 (Excessive Force)
  Deputy Jafet Santiago-Miranda fired ten shots into a vehicle that was accelerating toward him after he issued multiple commands for the driver to stop, killing two young occupants, and the plaintiffs sued for excessive force, failure to render medical aid, and battery. The Eleven
• Jackson v. Swanger
  97 F.4th 1343· 11th Cir.· 2024-04-05 ·cited 20×·via 42 U.S.C. § 1983 (Excessive Force)
  Amber Jackson sued Atlanta police officers Cody Swanger and Jeremiah Brandt under federal civil rights law, alleging they unlawfully seized her without reasonable suspicion and that Brandt failed to intervene when Swanger used excessive force against her during a chaotic encounte
• Cooper v. Dupnik
  963 F.2d 1220· 9th Cir.· 1992-05-05 ·cited 20×
  The dissent argues that the majority's finding of a violation of a substantive right to remain silent is questionable, especially given 18 U.S.C. § 3501 and the lack of a prior holding on its constitutionality.
• Frazier v. Bailey
  957 F.2d 920· 1st Cir.· 1992-02-24 ·cited 20×
  Individuals contracted by the government to perform statutorily mandated duties are the functional equivalent of public officials and are entitled to raise a qualified immunity defense. However, a generalized right to 'familial integrity' is not sufficiently particularized to ove
• Colburn v. Upper Darby Twp.
  946 F.2d 1017· 3d Cir.· 1991-10-10 ·cited 20×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff failed to present sufficient evidence that the custodial officers knew or should have known of the detainee's particular vulnerability to suicide, and thus, their actions did not rise to the level of reckless indifference required for a § 1983 cl
• Hubbert v. City OF Moore
  923 F.2d 769· 10th Cir.· 1991-01-09 ·cited 20×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  A finding of probable cause at a preliminary hearing, even if followed by an acquittal, has preclusive effect in a subsequent civil rights action under 42 U.S.C. § 1983, entitling officers to qualified immunity.
• Brown v. Detective Felix Grabowski
  922 F.2d 1097· 3d Cir.· 1990-12-31 ·cited 20×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that it lacked jurisdiction to hear appeals from denials of qualified immunity on state law claims unless the state law itself provides immunity from suit, and that the victim's civil court access and equal protection claims were not constitutionally cognizable or
• DOE v. Doe and E. Doe
  903 F.2d 499· 7th Cir.· 1990-05-31 ·cited 20×
  The court held that the Department of Social Services' failure to investigate a child abuse report did not violate federal due process rights, as the state has no affirmative constitutional duty to protect individuals from private actors, and the statute did not create a property
• Mann v. City OF Albany
  883 F.2d 999· 11th Cir.· 1989-09-15 ·cited 20×
  The court held that res judicata does not bar Mann's claim and vacated the district court's summary judgment, remanding for further proceedings considering City of Richmond v. J.A. Croson Co.
• Earnestine Hill v. McINTYRE
  884 F.2d 271· 6th Cir.· 1989-09-08 ·cited 20×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that a genuine issue of fact existed regarding whether the officer obtaining the warrant acted with reckless disregard for the truth, requiring a jury trial. It also held that the manner of executing the search warrant presented factual issues for a jury.
• Murray v. Silberstein
  882 F.2d 61· 3d Cir.· 1989-08-10 ·cited 20×·via 42 U.S.C. § 1983 Action
  The appeal is dismissed as moot because the appellant is judicially estopped from seeking damages after previously arguing that damages were unavailable and obtaining injunctive relief based on that argument.
• Easter House v. Felder
  879 F.2d 1458· 7th Cir.· 1989-07-11 ·cited 20×
  The Constitution does not require a hearing before the state may suspend a license if the state provides adequate post-deprivation remedies.
• Foster v. Bd. OF Sch. Comm'rs OF Mobile Cnty.
  872 F.2d 1563· 11th Cir.· 1989-05-23 ·cited 20×
  The court held that denying Title VII relief based on another class member being more qualified is not a lawful reason and undermines the purpose of Title VII class actions.
• Johnson-El v. Schoemehl
  878 F.2d 1043· 8th Cir.· 1989-05-22 ·cited 20×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the denial of qualified immunity is an immediately appealable collateral order, but mootness is not. The court affirmed the magistrate's denial of qualified immunity for most defendants, finding the alleged conditions violated clearly established law, but gran
• Arlen Yalkut v. Augie Gemignani and Myron Gold
  873 F.2d 31· 2d Cir.· 1989-04-18 ·cited 20×·via 42 U.S.C. § 1983 Civil Rights Violations
  Federal agents are immune from state law tort claims under the Federal Employees Liability Reform and Tort Compensation Act and from federal civil rights claims because no clearly established constitutional right was violated.
• Hammond v. Baldwin
  866 F.2d 172· 6th Cir.· 1989-01-18 ·cited 20×·via § 1983
  The court held that the Offutts' claims of bias and property damage were not ripe for judicial review because they had not exhausted state administrative remedies or obtained a final decision from the state agency.
• Jackson Warren v. City OF Lincoln
  864 F.2d 1436· 8th Cir.· 1989-01-04 ·cited 20×·via 42 U.S.C. § 1983 Action
  The dissenting judges argue that the majority erred by finding probable cause for arrest as a matter of law. They assert that probable cause in section 1983 actions is a question of fact for the jury, and that the majority's conclusion was inappropriate given the concessions made
• Warren v. City of Tampa
  693 F. Supp. 1051· M.D. Fla.· 1988-08-08 ·cited 20×
  The court approved the settlement agreement and certified the class action, finding the settlement fair, adequate, and reasonable given the uncertainty of the litigation's outcome.
• Wells v. Woodson D. Walker
  852 F.2d 368· 8th Cir.· 1988-07-26 ·cited 20×·via 42 U.S.C. § 1983 Action
  The court held that ordinary negligence by government officials in releasing a prisoner does not constitute a "deprivation" of constitutional rights under 42 U.S.C. § 1983, even if the prisoner subsequently harms a third party.
• Robinson v. Bibb
  840 F.2d 349· 6th Cir.· 1988-02-26 ·cited 20×·via 42 U.S.C. § 1983 Action
  A police officer cannot claim qualified immunity for using deadly force against a fleeing felon if the law regarding such force was clearly established by a circuit court decision, even if the officer was personally unaware of the decision.
• Freitas v. Warden Calvin Auger
  837 F.2d 806· 8th Cir.· 1988-01-26 ·cited 20×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the notice provided to the inmate, the reliability of the confidential informants, and the sufficiency of the evidence were constitutionally adequate to support the disciplinary action.
• Coogan v. City OF Wixom
  820 F.2d 170· 6th Cir.· 1987-06-01 ·cited 20×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the plaintiff failed to establish a claim for malicious prosecution, intentional infliction of emotional distress, or violations of constitutional rights under 42 U.S.C. § 1983, affirming the directed verdict.
• Cincinnati Ins. Co. v. City OF Taylorville
  818 F.2d 1345· 7th Cir.· 1987-05-12 ·cited 20×
  The court held that the city did not assume a duty to fight the fire before the owner joined the association, nor did the city ordinances create a mandatory duty to provide fire protection to the property owner.
• Umphlet v. Connick
  815 F.2d 1061· 5th Cir.· 1987-05-06 ·cited 20×
  The court held that Louisiana's 'B-girl' statute does not violate equal protection, due process, or First Amendment rights, and is not unconstitutionally vague or overbroad.
• Skevofilax v. Sergeant William Quigley
  810 F.2d 378· 3d Cir.· 1987-01-22 ·cited 20×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the district court properly exercised ancillary jurisdiction over the police officers' indemnification claim against the township under Rule 69.
• Major Nelson Sebra v. Neville
  801 F.2d 1135· 9th Cir.· 1986-10-03 ·cited 20×
  The court held that the district court did not err in dismissing the claim against Neville, denying the preliminary injunction, or granting summary judgment for Shank and Thrasher, as Sebra's claims were not justiciable under the Mindes test for military disputes.
• Huron Valley Hosp., Inc. v. City OF Pontiac
  792 F.2d 563· 6th Cir.· 1986-05-30 ·cited 20×
  The denial of qualified immunity is immediately appealable under the collateral order doctrine, but the denial of the state action antitrust exemption is not. The court affirmed the denial of qualified immunity.
• Burton v. Livingston
  791 F.2d 97· 8th Cir.· 1986-05-08 ·cited 20×
  The court held that a prisoner's allegations of a guard threatening him with instant death, accompanied by racial epithets, state a claim cognizable under 42 U.S.C. § 1983, even without physical injury.