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

• Armstead v. Pingree
  629 F. Supp. 273· M.D. Fla.· 1986-01-29 ·cited 19×
  The court denied the motion to dismiss, finding that plaintiffs' allegations of constitutional violations and statutory rights under § 1983 and § 504 stated a federal question. The court also granted the motion to amend the class, certifying two subclasses.
• Wolfenbarger v. Clancy Williams
  774 F.2d 358· 10th Cir.· 1985-09-26 ·cited 19×
  The dissenting judge believes the due process issue was not properly decided on summary judgment and would remand for further consideration of post-deprivation remedies.
• Phelps v. Hous. Auth. OF Woodruff & L.G. Casey
  742 F.2d 816· 4th Cir.· 1984-08-24 ·cited 19×
  The court held that the Housing Act's preference and notice provisions do not create rights enforceable under 42 U.S.C. § 1983, and that the preference does not rise to the level of a constitutionally protected property interest.
• Leanna Jaco v. Bloechle
  739 F.2d 239· 6th Cir.· 1984-07-24 ·cited 19×
  A Section 1983 civil rights claim can survive a decedent's death under Ohio law if the state's survival statute is not inconsistent with federal policy, even if the death was instantaneous.
• Marylee Benavidez v. Gunnell
  722 F.2d 615· 10th Cir.· 1983-12-08 ·cited 19×
  The court held that the prosecutor and police officers were entitled to qualified immunity because they acted in good faith and with probable cause, and that private parties were not liable under §§ 1983 or 1985 for merely reporting a state crime.
• Todd v. Alton Baskerville
  712 F.2d 70· 4th Cir.· 1983-07-06 ·cited 19×·via 42 U.S.C. § 1983 Action
  The court affirmed the dismissal of the Holsey action as frivolous but remanded the Todd action for the district court to determine if changed circumstances (release from custody) would permit a § 1983 action without state exhaustion.
• Charles v. Wade
  665 F.2d 661· 5th Cir.· 1982-01-11 ·cited 19×·via 42 U.S.C. § 1983 Action
  Police officers testifying within the scope of their duties should have good-faith, qualified immunity from § 1983 liability, not absolute immunity.
• Miller v. Carson
  563 F.2d 757· 5th Cir.· 1977-11-23 ·cited 19×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the district court properly exercised pendent jurisdiction over state law claims concerning jail conditions, and that the order continuing an injunction was appealable.
• Lyncoln Danglar v. State of Ga.
  50 F.4th 54· 11th Cir.· 2022-09-29 ·cited 18×·via 42 U.S.C. § 1983 Action
  The court held that a civilly detained individual, such as an immigration detainee, is not a "prisoner" under the Prison Litigation Reform Act (PLRA), and therefore the PLRA's early screening and fee provisions do not apply to their actions.
• Ruiz v. Officer Jennifer Wing
  991 F.3d 1130· 11th Cir.· 2021-03-12 ·cited 18×·via 42 U.S.C. § 1983 (Excessive Force)
  A pro se motion for a new trial, even if stricken as unauthorized, tolls the time for filing a notice of appeal if filed within the time allowed by rule. However, the court affirmed the judgment as none of the appellant's claims had merit.
• Dahly v. Dep't OF Child. & Fam. Servs.
  876 So. 2d 1245· Fla. 2d DCA· 2004-07-02 ·cited 18×
  Ronald Dahly, former executive director of a nonprofit providing services for developmentally disabled adults, appealed a partial summary judgment dismissing most of his claims against the Department of Children and Family Services and its officials for alleged tortious conduct,
• Thompson v. Jarrod S. Douds
  852 So. 2d 299· Fla. 2d DCA· 2003-07-18 ·cited 18×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  Thompson appealed a summary judgment dismissing her excessive force claims against seven Tampa police officers who detained Robert Magyar, resulting in his permanent vegetative state. The court reversed, holding that the trial court applied an incorrect legal standard for qualifi
• Gowan v. BAY Cnty.
  744 So. 2d 1136· Fla. 1st DCA· 1999-10-27 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the trial court abused its discretion by dismissing the appellant's claims against CCA with prejudice, as the allegations, though inartfully pleaded, were sufficient to withstand dismissal at this stage.
• Rogers v. C.W. Miller
  57 F.3d 986· 11th Cir.· 1995-06-22 ·cited 18×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  Four members of the Brevard County Sheriff's Department sued under 42 U.S.C. § 1983, alleging that Sheriff C.W. Miller and supervisory defendants violated their First Amendment rights by taking adverse employment action in retaliation for their political support of Miller's oppon
• McRAE v. Douglas
  644 So. 2d 1368· Fla. 5th DCA· 1994-09-30 ·cited 18×
  Kenneth McRae, a correctional officer and deputy sheriff appointed by the Putnam County Sheriff, appealed the dismissal of his four-count complaint alleging wrongful discharge. The court affirmed dismissal, holding that appointed deputy sheriffs and correctional officers lack a c
• Mitchell v. Toledo Hosp.
  964 F.2d 577· 6th Cir.· 1992-05-21 ·cited 18×
  The court held that the employee handbook's 'misuse' provision was not clearly established as a basis for termination, creating a genuine issue of material fact regarding pretext for discrimination.
• Brummett v. Camble
  946 F.2d 1178· 5th Cir.· 1991-11-14 ·cited 18×
  Prosecutors are absolutely immune from § 1983 liability for initiating prosecutions, even if they have a conflict of interest or act in a private capacity. A § 1983 malicious prosecution claim accrues upon favorable termination of the underlying criminal proceeding.
• Geitz v. Lindsey
  893 F.2d 148· 7th Cir.· 1990-01-19 ·cited 18×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the trial court did not abuse its discretion in admitting limited evidence of the plaintiff's pending charges and prior convictions to show the defendants' state of mind and the reasonableness of their actions.
• Wells v. Brown
  891 F.2d 591· 6th Cir.· 1989-12-12 ·cited 18×·via 42 U.S.C. § 1983 Action
  The court held that plaintiffs' complaint did not sufficiently allege that state officials were sued in their individual capacities for damages, thus failing to establish federal jurisdiction under the Eleventh Amendment.
• Gilpin v. Am. Fed'n OF State, Cnty., & Mun. Emps., AFL-CIO
  875 F.2d 1310· 7th Cir.· 1989-05-24 ·cited 18×·via Violation Of First Amendment Rights Under 42 U.S.C. § 1983
  The court held that the plaintiffs failed to demonstrate harm from the union's inadequate notices regarding agency fees, and thus were not entitled to restitution or punitive damages. Class certification was also denied due to a conflict of interest.
• Erwin v. Cnty. OF Manitowoc
  872 F.2d 1292· 7th Cir.· 1989-04-19 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the confusing jury verdict and inconsistent findings necessitated a new trial for all parties.
• Hernandez v. Denton
  861 F.2d 1421· 9th Cir.· 1988-11-23 ·cited 18×·via 42 U.S.C. § 1983 Violations
  A district court may dismiss a pro se in forma pauperis complaint as frivolous only if it lacks any "arguable substance in law or fact," and cannot dismiss based on credibility determinations of the allegations.
• Coen v. Runner
  854 F.2d 374· 10th Cir.· 1988-08-16 ·cited 18×
  Government officials are entitled to qualified immunity when their actions do not violate clearly established law and are objectively reasonable, even if a subsequent judicial determination finds no probable cause for an arrest warrant.
• The Daily Herald Co. v. Munro
  838 F.2d 380· 9th Cir.· 1988-02-02 ·cited 18×·via 42 U.S.C. § 1983 Action
  The Washington statute restricting exit polls violates the First Amendment by encroaching on traditional public forums and limiting the media's access to information crucial for public debate.
• McNEIL v. Lowney
  831 F.2d 1368· 7th Cir.· 1987-10-20 ·cited 18×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not abuse its discretion in denying the inmate's motions for appointment of counsel and for the issuance of subpoenas to compel physician testimony.
• Baja Contractors, Inc. v. The City OF Chicago
  830 F.2d 667· 7th Cir.· 1987-09-16 ·cited 18×
  The court held that the district court erred in granting a preliminary injunction because Baja did not demonstrate a likelihood of success on the merits, specifically lacking a protected property interest in MBE certification as a concrete supplier.
• Arline M. Soderbeck v. Burnett Cnty.
  821 F.2d 446· 7th Cir.· 1987-06-15 ·cited 18×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the county is not liable for the sheriff's actions because the sheriff is considered a state officer under Wisconsin law, not a county policymaker, and prior rulings established this precedent.
• Dace v. Mickelson
  816 F.2d 1277· 8th Cir.· 1987-04-28 ·cited 18×·via 42 U.S.C. § 1983 Action
• Coleman v. Smith
  814 F.2d 1142· 7th Cir.· 1987-01-20 ·cited 18×·via 42 U.S.C. § 1983 Action
  The court holds that the Village of Robbins is not liable for acts of its officials that are clearly outside the scope of their employment, distinguishing this case from prior precedent.
• Terry Props., Inc. v. Standard OIL Co. (IND)
  799 F.2d 1523· 11th Cir.· 1986-09-24 ·cited 18×
  The court affirmed the district court's findings on liability for race discrimination and interference claims, but reversed the award of attorney's fees for some appellees.
• Jong Hee Small v. The Inhabitants OF the City OF Belfast & James Murphy
  796 F.2d 544· 1st Cir.· 1986-06-27 ·cited 18×·via 42 U.S.C. § 1983 Action
• Sourbeer v. Robinson
  791 F.2d 1094· 3d Cir.· 1986-05-28 ·cited 18×·via Violation Of Due Process Rights Under 42 U.S.C. § 1983
  The court held that the defendants are entitled to qualified immunity because the law regarding the due process rights of unsentenced prisoners in administrative segregation was not clearly established at the time of the conduct.
• Chicago & N. W. Transp. Co. v. Ulery
  787 F.2d 1239· 8th Cir.· 1986-04-02 ·cited 18×·via 42 U.S.C. § 1983 Action
  The court held that the order denying summary judgment based on qualified immunity is not immediately appealable when the defendants are private parties, not public officials.
• Cannon v. Loyola Univ. OF Chicago
  784 F.2d 777· 7th Cir.· 1986-02-25 ·cited 18×·via Violation Of Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that prior dismissals of the plaintiff's suits operated as res judicata, barring the current action against all defendant medical schools.
• Scott v. Schmidt
  773 F.2d 160· 7th Cir.· 1985-09-17 ·cited 18×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the district court properly dismissed Scott's civil rights suit because the defendants were immune from suit and Scott failed to state a claim.
• Gargiulo v. Delsole
  769 F.2d 77· 2d Cir.· 1985-07-29 ·cited 18×·via 42 U.S.C. § 1983 Action
  The court held that a jury demand on the face of a pleading complies with Fed.R.Civ.P. 38(b) and that parties do not waive their right to a jury trial by proceeding with a bench trial after the court denies their timely jury demand.
• Carroll Wayne Davis v. Hardy Wayne Forrest & Larry Marcus McNabb
  768 F.2d 257· 8th Cir.· 1985-07-17 ·cited 18×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the jury instructions on excessive force were proper and the admission of evidence regarding workers' compensation benefits was not unfairly prejudicial.
• Mark v. Caldwell
  754 F.2d 1260· 5th Cir.· 1985-03-11 ·cited 18×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the alleged slapping, even if true, did not rise to the level of severe injury required for a § 1983 excessive force claim.
• Harris v. T.J. Forsyth and F. Christensen
  742 F.2d 1277· 11th Cir.· 1984-09-14 ·cited 18×·via 42 U.S.C. § 1983 Action
  Costs may be assessed against an appellant proceeding in forma pauperis, but the decision to award costs is within the appellate court's discretion.
• Ardith McPherson v. Rankin
  736 F.2d 175· 5th Cir.· 1984-07-12 ·cited 18×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  Summary judgment was inappropriate because substantial issues of material fact exist regarding the context and intent of the plaintiff's statement, which are crucial for determining First Amendment protection.
• Irving v. Thigpen
  732 F.2d 1215· 5th Cir.· 1984-05-07 ·cited 18×·via 42 U.S.C. § 1983 Action
  The court held that the Mississippi parole statute does not create a constitutionally protected liberty interest, thus precluding a due process claim. However, an equal protection claim based on racial discrimination requires exhaustion of state remedies.
• Johnson v. McKASKLE
  727 F.2d 498· 5th Cir.· 1984-03-23 ·cited 18×·via 42 U.S.C. § 1983 Action
  The district court erred in dismissing a prisoner's § 1983 action with prejudice based on res judicata, as claims arising after the Ruiz v. Estelle judgment could not have been litigated in that class action.
• Parker v. The Bd. OF Sch. Comm'rs OF the City OF Indianapolis
  729 F.2d 524· 7th Cir.· 1984-03-13 ·cited 18×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the plaintiff failed to prove intentional sex discrimination under Title VII and § 1983, and that the district court did not abuse its discretion in excluding expert testimony.
• Slayton v. Willingham
  726 F.2d 631· 10th Cir.· 1984-01-27 ·cited 18×·via Section 1983
  A nolo contendere plea in a state criminal case does not automatically bar a subsequent federal civil rights action under § 1983 for alleged constitutional violations, and the right to privacy can encompass avoiding disclosure of personal matters.
• Tarleton v. Meharry Med. Coll.
  717 F.2d 1523· 6th Cir.· 1983-09-20 ·cited 18×
  The court held that the plaintiff sufficiently alleged a nexus between the challenged Medical Practice Plan and interstate commerce to establish Sherman Act jurisdiction, reversing the district court's dismissal on that ground. However, the court affirmed the dismissal of federal
• Ivy McFADDEN v. Detective Juan Sanchez
  710 F.2d 907· 2d Cir.· 1983-06-14 ·cited 18×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  Punitive damages in a section 1983 action must be assessed individually against each defendant, both as to liability and amount, and cannot be jointly assessed.
• Burke v. Guiney
  700 F.2d 767· 1st Cir.· 1983-02-18 ·cited 18×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's statements did not violate the settlement agreement, thus denying contempt sanctions, and that the plaintiff is entitled to post-judgment interest. The court remanded the attorney's fees issue for further explanation.
• Edwards H. Metcalf v. Borba
  681 F.2d 1183· 9th Cir.· 1982-07-22 ·cited 18×·via 42 U.S.C. § 1983 Action
  A postjudgment request for attorney's fees under 42 U.S.C. § 1988 is not subject to the ten-day time limit of Federal Rule of Civil Procedure 59(e) or local rules governing routine costs.
• Uniformed Firefighters Ass'n, Local 94, Iaff, AFL-CIO v. The City OF NEW York
  676 F.2d 20· 2d Cir.· 1982-03-25 ·cited 18×
  The court held that the denial of seniority credits to provisional firefighters did not violate the Equal Protection Clause, and that CETA's comprehensive administrative remedies preclude claims under 42 U.S.C. § 1983.
• Mills v. Officer Jack Smith
  656 F.2d 337· 8th Cir.· 1981-08-12 ·cited 18×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not err in finding the shooting accidental and that the plaintiff did not prove deliberate indifference to his medical needs, thus affirming the judgment for the defendants.