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

• Houston M. Evans v. The Harnett Cnty. Bd. OF Educ.
  684 F.2d 304· 4th Cir.· 1982-07-27 ·cited 15×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the district court erred in failing to grant injunctive relief against an unlawful employment practice and in its allocation of the burden of proof regarding the plaintiff's individual claim.
• Collins v. Chandler Unified Sch. Dist.
  644 F.2d 759· 9th Cir.· 1981-05-04 ·cited 15×·via 42 U.S.C. § 1983 Action
  The court held that allowing student-led prayer at school assemblies violates the Establishment Clause, but a parent who successfully sues on behalf of their child is a prevailing party eligible for attorneys' fees under 42 U.S.C. § 1988.
• Gowin v. Altmiller
  663 F.2d 820· 9th Cir.· 1981-03-23 ·cited 15×
  The court held that the § 1983 claims were barred by the statute of limitations, the malicious prosecution claim failed due to probable cause and prosecutorial independence, and the abuse of process claim failed for lack of evidence of improper purpose or act.
• Miller v. Williams
  590 F.2d 317· 9th Cir.· 1979-01-29 ·cited 15×
  The court held that the employee's claims of retaliation under Title VII and due process violations were without merit, affirming the summary judgment granted to the employer.
• Shaw v. Dolph Briscoe
  541 F.2d 489· 5th Cir.· 1976-10-29 ·cited 15×·via 42 U.S.C. § 1983 Action
  The court held that the inmates' claims regarding Texas parole procedures, including due process rights and the Governor's role, do not present a federal constitutional issue and were previously rejected.
• Reverend William H. Simpson and Mrs. Crispina Simpson v. Wells Lamont Corp.
  494 F.2d 490· 5th Cir.· 1974-05-24 ·cited 15×
  Civil courts lack subject matter jurisdiction over purely ecclesiastical disputes, including a pastor's dismissal and eviction from a church-owned parsonage, due to the First Amendment's protection of religious freedom.
• Jones v. Alfred H. Mayer Co.
  379 F.2d 33· 8th Cir.· 1967-06-26 ·cited 15×
  The court held that the Civil Rights Act of 1866, codified as 42 U.S.C. § 1982, prohibits racial discrimination in the sale or lease of property, regardless of whether state action is involved.
• Dep't OF Educ. v. ROE
  656 So. 2d 507· Fla. 1st DCA· 1995-05-12 ·cited 14×·via 42 U.S.C. § 1983 Action
  The Florida District Court of Appeal reconsidered its prior opinion reversing a trial court's denial of the Department of Education's motion to dismiss. Upon rehearing, the court withdrew its previous opinion and denied certiorari review, holding that denial of a motion to dismis
• Pottinger v. City of Miami
  810 F. Supp. 1551· S.D. Fla.· 1992-11-16 ·cited 14×
  The court held that the City of Miami's custom and practice of arresting homeless individuals for essential life-sustaining activities in public places violated their constitutional rights, warranting injunctive relief.
• Williams v. Anderson
  959 F.2d 1411· 7th Cir.· 1992-04-09 ·cited 14×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the defendants are shielded from the plaintiff's damages claim by qualified immunity because it was not clearly established in 1985 that their actions violated constitutional rights. The court vacated and remanded the injunctive relief claim for further consid
• Leatherman v. Tarrant Cnty. Narcotics Intelligence & Coordination Unit
  954 F.2d 1054· 5th Cir.· 1992-02-28 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court affirmed the dismissal of the section 1983 claims against the municipalities because the plaintiffs failed to satisfy the circuit's heightened pleading requirement for allegations of inadequate training.
• Duckett v. The City OF Cedar Park
  950 F.2d 272· 5th Cir.· 1992-01-10 ·cited 14×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that police officers are entitled to qualified immunity because their actions in arresting and detaining an individual based on a facially valid warrant, despite conflicting information about its withdrawal, were objectively reasonable.
• Posr Amojo Posr v. N.Y. City Police Officer Kevin Doherty
  944 F.2d 91· 2d Cir.· 1991-09-10 ·cited 14×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court erred in setting aside the jury's false arrest verdict against Officer Holihan and in its jury instructions on malicious prosecution, remanding both claims for a new trial.
• Bouman v. Block
  940 F.2d 1211· 9th Cir.· 1991-07-23 ·cited 14×
  The court affirmed the district court's findings on timely filing, standing, and most discrimination claims, but remanded for further findings on specific issues including policy authority, back pay, punitive damages, and attorney's fees.
• Marsh v. ARN
  937 F.2d 1056· 6th Cir.· 1991-06-25 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court should have allowed the jury's verdict against Furrow to stand, as the Eighth Amendment right to protection from inmate attack was clearly established.
• Donaghy v. City OF Omaha
  933 F.2d 1448· 8th Cir.· 1991-05-24 ·cited 14×·via Section 1983
  The court held that a plaintiff challenging race-conscious employment decisions made pursuant to a consent decree must prove the decree was not remedial or not narrowly tailored, and that the trial court properly granted a directed verdict when no such evidence was presented.
• Gaudreault v. Municipality OF Salem
  923 F.2d 203· 1st Cir.· 1990-11-19 ·cited 14×·via 42 U.S.C. § 1983 (Excessive Force)
  Summary judgment for the defendant officers was appropriate because the force used was objectively reasonable, the plaintiff failed to identify his assailant for the assault claim, and the plaintiff did not demonstrate serious medical needs or harm from delayed treatment.
• Nui Loa Price v. Moanikeala Akaka
  928 F.2d 824· 9th Cir.· 1990-09-25 ·cited 14×
  The court held that the plaintiffs stated a claim under 42 U.S.C. § 1983 for violation of the Hawaii Admission Act and that the district court had subject matter jurisdiction, reversing the dismissal.
• Leahy v. The Bd. OF Trs. OF Cmty. Coll. Dist. NO. 508
  912 F.2d 917· 7th Cir.· 1990-09-07 ·cited 14×
  The court affirmed the dismissal of the plaintiff's federal and state claims, finding no state action for the § 1983 claim and no constitutional injury, and also affirmed Rule 11 sanctions due to the frivolous nature of the appeal.
• Fruit v. Norris
  905 F.2d 1147· 8th Cir.· 1990-06-11 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that the dismissal of the Eighth Amendment claim was improper because the inmates presented sufficient evidence of a prima facie violation, including dangers beyond toxic gases, to survive a Rule 41(b) dismissal.
• Wisniewski v. Kennard
  901 F.2d 1276· 5th Cir.· 1990-05-29 ·cited 14×·via 42 U.S.C. § 1983 (Excessive Force)
  A material issue of fact exists regarding the use of excessive force, which should have precluded summary judgment.
• Barkoo v. Melby
  901 F.2d 613· 7th Cir.· 1990-05-07 ·cited 14×
  The court held that the plaintiff's speech was not constitutionally protected as a matter of public concern, and there was no evidence of retaliation for that speech, thus reversing the jury's award.
• Marine ONE, Inc. v. Manatee Cnty.
  898 F.2d 1490· 11th Cir.· 1990-04-25 ·cited 14×·via 42 U.S.C. § 1983 Action
  Revocation of permits for activities on public land does not constitute a taking of property because the permit holder lacks a protectable property interest.
• Bressman v. Hal Farrier
  900 F.2d 1305· 8th Cir.· 1990-04-19 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that claims seeking restoration of good-time credits must generally be brought as habeas corpus petitions, requiring exhaustion of state remedies, while claims for damages or declaratory relief not affecting confinement length may proceed under § 1983.
• Somerset House, Inc. v. Turnock
  900 F.2d 1012· 7th Cir.· 1990-04-16 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that the pre-deprivation procedures provided by the Nursing Home Care Reform Act, including notice and an opportunity to respond, were sufficient to satisfy due process requirements for issuing a conditional license and placing a facility on a list of violators. Te
• Kraemer v. Grant Cnty.
  892 F.2d 686· 7th Cir.· 1990-01-09 ·cited 14×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the imposition of Rule 11 sanctions was erroneous because the attorney conducted a reasonable investigation under the circumstances before filing the complaint.
• Russ v. Young
  895 F.2d 1149· 7th Cir.· 1989-12-18 ·cited 14×
  The court held that Wisconsin Administrative Code § HSS 303.11 does not create a liberty interest protected by the Fourteenth Amendment, and therefore, placing an inmate in temporary lockup under the regulation does not constitute an unconstitutional deprivation without due proce
• Jones v. Heyman
  888 F.2d 1328· 11th Cir.· 1989-11-22 ·cited 14×
  A mayor's removal of a speaker from a public meeting for disruptive conduct and failure to adhere to the agenda does not violate the First Amendment, even if the speaker's remarks were critical of the commission.
• Eugene D. v. Karman
  889 F.2d 701· 6th Cir.· 1989-11-13 ·cited 14×·via 42 U.S.C. § 1983 Action
  Officials are not personally liable for allowing state wards to be physically abused by foster parents because the law regarding their duty to protect is not clearly established for foster care.
• Williams-El v. Johnson
  872 F.2d 224· 8th Cir.· 1989-04-05 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that the trial court erred in directing a verdict for the jailer Johnson, as reasonable minds could differ on the use of force and the claim presented a substantive due process violation. The court affirmed directed verdicts for other defendants, finding insufficie
• Grant v. Hollenbach
  870 F.2d 1135· 6th Cir.· 1989-03-28 ·cited 14×
  Prosecutors are entitled to absolute immunity under § 1983 for actions taken within their prosecutorial duties, including decisions to investigate, prosecute, and present evidence to a grand jury.
• Miss. Women's Med. Clinic v. McMILLAN
  866 F.2d 788· 5th Cir.· 1989-02-28 ·cited 14×
• The Va. Hosp. Ass'n v. Baliles
  868 F.2d 653· 4th Cir.· 1989-02-22 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that the Virginia Plan's reimbursement procedures for Medicaid patients create an enforceable right under the Medicaid Act, actionable via § 1983, and that the Act's enforcement mechanisms do not foreclose this private judicial remedy.
• Perez v. Simmons
  884 F.2d 1136· 9th Cir.· 1988-10-26 ·cited 14×·via Section 1983
  The court held that a search warrant is required to enter a third party's home to arrest a suspect, even if the suspect is a guest, unless exigent circumstances exist. The court also held that the claim against the City for inadequate training must be retried under the 'deliberat
• Howard Gault Co. v. Tex. Rural Legal AID, Inc.
  848 F.2d 544· 5th Cir.· 1988-06-30 ·cited 14×
• Hill Stokes v. Bullins
  844 F.2d 269· 5th Cir.· 1988-05-10 ·cited 14×
  A municipality's gross negligence in hiring an officer, without more, does not establish a constitutional violation under 42 U.S.C. § 1983, nor does it satisfy the "policy" requirement for municipal liability.
• Bath v. The Nat'l Ass'n OF Intercollegiate Athletics
  843 F.2d 1315· 10th Cir.· 1988-04-06 ·cited 14×
  The court held that a dismissal based on pendent jurisdiction grounds should be without prejudice, and the district court erred in dismissing the claim with prejudice.
• Baker v. McDonald's Corp.
  686 F. Supp. 1474· S.D. Fla.· 1987-12-04 ·cited 14×
  The court held that summary judgment for the defendant is appropriate because the plaintiff failed to establish a prima facie case of discrimination and the defendant presented legitimate, non-discriminatory reasons for the termination.
• Nat'l Org. FOR THE Reform OF Marijuana Laws v. Mullen
  828 F.2d 536· 9th Cir.· 1987-09-21 ·cited 14×
  The court held that the order appointing a special master is not appealable as a modification of an injunction, but can be reviewed via writ of mandamus. The court also held that the federal entities participating in CAMP can be required to pay the master's fees.
• Clark v. Maurer
  824 F.2d 565· 7th Cir.· 1987-07-16 ·cited 14×
• Pliska v. City OF Stevens Point
  823 F.2d 1168· 7th Cir.· 1987-07-14 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that the district court correctly applied res judicata to bar constitutional challenges to the ordinances, and that the jury's finding of reasonable suspicion for the investigatory stop was supported by sufficient evidence.
• Scrivner v. Andrews
  816 F.2d 261· 6th Cir.· 1987-04-20 ·cited 14×·via 42 U.S.C. § 1983 Cause Of Action
  The Adoption Assistance Act does not create a federal statutory right to "meaningful visitation" enforceable under 42 U.S.C. § 1983, and the mother's due process claim failed as she ultimately received a hearing.
• Ochoa Realty Corp. v. Faria
  815 F.2d 812· 1st Cir.· 1987-04-06 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that the appeal of the remand order is unreviewable, the claims for equitable relief were moot, and the damage claims were premature due to failure to exhaust state remedies.
• Palmer v. City OF Decatur
  814 F.2d 426· 7th Cir.· 1987-03-12 ·cited 14×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that dismissing a pro se, incarcerated plaintiff's case with prejudice for failure to obtain counsel and respond to a motion within a short timeframe, without adequate notice, constituted an abuse of discretion.
• Sullivan v. The City OF Pittsburgh
  811 F.2d 171· 3d Cir.· 1987-01-23 ·cited 14×·via Section 1983
  The court held that the federal plaintiffs had standing, the district court did not err in refusing to abstain, the statute of limitations did not bar the claims, and the district court did not violate the Full Faith and Credit Act.
• Delmus Punton v. The City OF Seattle
  805 F.2d 1378· 9th Cir.· 1986-12-09 ·cited 14×·via 42 U.S.C. § 1983 Action
  The Washington state court judgment reinstating Punton and awarding back pay does not preclude him from bringing a separate § 1983 action for damages and attorney's fees.
• Monaghan v. Deakins
  798 F.2d 632· 3d Cir.· 1986-07-31 ·cited 14×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that Younger abstention did not require dismissal of the plaintiffs' claims for damages and return of property, but affirmed the denial of a preliminary injunction.
• DeVARGAS v. Montoya
  796 F.2d 1245· 10th Cir.· 1986-07-08 ·cited 14×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the plaintiff's federal claims were barred by the statute of limitations and res judicata, affirming the district court's dismissal.
• Freeman v. Blair
  793 F.2d 166· 8th Cir.· 1986-06-04 ·cited 14×·via Section 1983
  The court held that the officials were not entitled to absolute immunity for decisions to inspect without a warrant or for license suspensions, and that the law regarding warrantless administrative searches and due process for license suspensions was clearly established, thus den
• Crossman v. MacCoccio
  792 F.2d 1· 1st Cir.· 1986-05-21 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that a judgment is final for appeal purposes even if costs and attorney's fees have not been determined, especially when such fees are collateral to the main action.