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

• Little v. Walker
  552 F.2d 193· 7th Cir.· 1977-03-25 ·cited 79×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the district court erred in dismissing the claim for damages, as the plaintiff's allegations, if true, demonstrated a violation of clearly established constitutional rights and that the defendants were not entitled to qualified immunity.
• Byrd v. Brishke
  466 F.2d 6· 7th Cir.· 1972-07-18 ·cited 79×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the trial judge erred in granting directed verdicts by improperly weighing evidence and applying the wrong standard, and that the plaintiff was entitled to have his case submitted to the jury against certain officers.
• Von D. Mizell v. N. Broward Hosp. Dist.
  427 F.2d 468· 5th Cir.· 1970-03-25 ·cited 79×
  The court denied the petition for rehearing and rehearing en banc.
• Wagenmann v. Adams
  829 F.2d 196· 1st Cir.· 1987-09-09 ·cited 78×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the arrest and imprisonment of the plaintiff were without probable cause, and that the jury's verdicts on false arrest and false imprisonment were supported by the evidence.
• NEW York State Ass'n FOR Retarded Child., Inc. v. Carey
  706 F.2d 956· 2d Cir.· 1983-03-31 ·cited 78×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the district court did not abuse its discretion in admitting evidence obtained through a discovery order and in appointing a Special Master, but erred in refusing to modify the bed limitations in the Consent Judgment and Flower Hospital Order to facilitate com
• Lopez v. Aransas Cnty. Indep. Sch. Dist.
  570 F.2d 541· 5th Cir.· 1978-03-31 ·cited 78×
  The court held that the trial court did not abuse its discretion in dismissing the case with prejudice for failure to prosecute, but vacated the award of attorney's fees for reconsideration.
• Coniston Corp. v. Vill. OF Hoffman Ests.
  844 F.2d 461· 7th Cir.· 1988-04-20 ·cited 77×
  The court held that a village board's rejection of a site plan, even without stated reasons, does not violate substantive or procedural due process if the decision is not irrational or invidious, and the action is legislative rather than adjudicative.
• Slotnick v. Staviskey
  560 F.2d 31· 1st Cir.· 1977-07-28 ·cited 77×·via 42 U.S.C. § 1983 Action
  The court held that a plaintiff's § 1983 conspiracy claim against private parties acting with immune state officials fails if the complaint lacks specific factual allegations of conspiracy and if the alleged procedural defects do not rise to the level of constitutional violations
• Marx v. Gumbinner
  905 F.2d 1503· 11th Cir.· 1990-07-13 ·cited 76×·via 42 U.S.C. § 1983 Action
  The court held that probable cause existed to arrest the plaintiff, barring his section 1983 claim for wrongful arrest.
• Busche v. Burkee
  649 F.2d 509· 7th Cir.· 1981-05-21 ·cited 76×·via 42 U.S.C. § 1983 Action
  The court affirmed the district court's judgment regarding compensatory and punitive damages but remanded the award of attorney's fees for reconsideration.
• Adams v. S. Cal. First Nat'l Bank
  492 F.2d 324· 9th Cir.· 1973-10-04 ·cited 76×
  The dissenting judge would hold that creditors acted under color of state law and deprived debtors of due process by repossessing vehicles without a prior judicial hearing.
• Knapp v. Whitaker
  757 F.2d 827· 7th Cir.· 1985-03-05 ·cited 75×·via Violation Of First Amendment Rights Under 42 U.S.C. § 1983
  The court held that the school district's actions retaliated against the teacher for protected speech, but affirmed the denial of punitive damages and remanded for recalculation of compensatory damages.
• Spaulding v. Univ. OF Wash.
  740 F.2d 686· 9th Cir.· 1984-07-03 ·cited 75×
  The court affirmed the lower court's decision, finding plaintiffs failed to prove violations of the Equal Pay Act and Title VII.
• Sander Michael Halet v. Wend Inv. Co.
  672 F.2d 1305· 9th Cir.· 1982-01-25 ·cited 75×
  The court held that while racial discrimination claims under certain statutes were properly dismissed for lack of standing, the claim regarding the adults-only policy violating the right to family life under the Fourteenth Amendment and § 1983 should not have been dismissed, and
• Sweet v. S.C. Dep't OF Corr.
  529 F.2d 854· 4th Cir.· 1975-12-01 ·cited 75×·via § 1983
  The court held that indefinite solitary confinement to protect a prisoner from other inmates, when the prisoner has violated no rules, constitutes cruel and unusual punishment and violates due process and equal protection. The court also held that a prisoner's fear of death is no
• Ralph E. Nishiyama and wife v. Dickson Cnty.
  814 F.2d 277· 6th Cir.· 1987-03-18 ·cited 74×
  The court held that the plaintiffs' allegations of gross negligence by sheriffs in entrusting a patrol car to a convicted felon, who then murdered the plaintiff's daughter, stated a claim for deprivation of life without due process under 42 U.S.C. § 1983.
• Brewer v. Blackwell
  692 F.2d 387· 5th Cir.· 1982-11-29 ·cited 74×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that a justice of the peace is not immune from liability for non-judicial acts, and that police officers are protected by qualified immunity based on an objective good-faith standard. The court also found that the Parratt v. Taylor doctrine does not bar claims for
• Johnson v. Duffy
  588 F.2d 740· 9th Cir.· 1978-12-27 ·cited 74×·via 42 U.S.C. § 1983 Action
  The court held that a public official can be liable under section 1983 for omissions that cause a deprivation of due process, even without direct personal participation in the forfeiture decision. The court also held that the good faith defense is unavailable if the official knew
• Jenson v. Olson
  353 F.2d 825· 8th Cir.· 1965-12-16 ·cited 74×
  The court held that a federal court cannot relitigate issues already decided by state courts, and that a government employee's discharge for misconduct, even if involving speech, does not violate constitutional rights if the speech disrupted employment or if due process was affor
• Grandstaff v. The City OF Borger
  767 F.2d 161· 5th Cir.· 1985-08-05 ·cited 73×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Police officers are liable under both Texas law and the Fourteenth Amendment for recklessly using deadly force that kills an innocent third party, even when the force might have been justified against the actual suspect. A municipality is liable under § 1983 for a policy of consc
• Vanelli v. Reynolds Sch. Dist. NO. 7
  667 F.2d 773· 9th Cir.· 1982-01-21 ·cited 73×·via 42 U.S.C. § 1983 Action
  A post-termination hearing can satisfy due process for a property interest if adequate, but a pre-termination hearing is required for a liberty interest when the dismissal is not an emergency. Damages are appropriate for the deprivation of the liberty interest.
• Schneider v. The City OF Atlanta (Bureau of Corrections)
  628 F.2d 915· 5th Cir.· 1980-10-24 ·cited 73×
  The court held that the district court committed plain error by submitting the question of whether the plaintiff's First Amendment rights were infringed to the jury, as this is a question of law for the court.
• Faye Elizabeth Hall v. Tawney
  621 F.2d 607· 4th Cir.· 1980-05-09 ·cited 73×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  Corporal punishment in public schools may violate substantive due process rights if it is brutal, demeaning, and harmful, shocking the conscience of the court, and such claims are cognizable under 42 U.S.C. § 1983. Claims against school officials directly involved in the punishme
• Mahone v. Waddle
  564 F.2d 1018· 3d Cir.· 1977-08-24 ·cited 73×
  The court held that a cause of action under 42 U.S.C. § 1981 cannot be asserted against a municipality, and municipalities are not subject to suits for damages under the Fourteenth Amendment.
• Finberg v. Sullivan
  634 F.2d 50· 3d Cir.· 1980-10-27 ·cited 72×
  The dissenting judge believes the majority erred in interpreting state procedural rules, asserting they provide due process in postjudgment proceedings.
• Morton Birnbaum v. Trussell
  371 F.2d 672· 2d Cir.· 1966-12-28 ·cited 72×
  The court held that the complaint sufficiently states a claim of deprivation of constitutional rights under Sections 1983 and 1985(3) based on racial discrimination in public employment.
• Rogero v. B.M. Noone
  704 F.2d 518· 11th Cir.· 1983-05-02 ·cited 71×
  A suit under Title VII cannot be maintained against a county tax collector who individually employs fewer than fifteen people, even if the county employs more, unless the county is joined as a party.
• Odessa Carrion v. Yeshiva Univ.
  535 F.2d 722· 2d Cir.· 1976-05-07 ·cited 71×
  The court affirmed the district court's dismissal of the discrimination claims and its award of attorney's fees to the defendant, finding the plaintiff's action to be frivolous and malicious.
• Keefe v. Geanakos
  418 F.2d 359· 1st Cir.· 1969-11-12 ·cited 71×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the plaintiff had a high probability of prevailing on the merits regarding the use of an offensive word in an academic context and the lack of adequate notice, warranting interlocutory relief.
• Trellus Richmond v. Badia
  47 F.4th 1172· 11th Cir.· 2022-08-22 ·cited 70×·via 42 U.S.C. § 1983 (Excessive Force)
  A school resource officer was not entitled to qualified immunity on an excessive force claim under the Fourth Amendment when he grabbed a thirteen-year-old student's face, threw him to the ground using an armbar technique, and twisted his wrist, despite having arguable probable c
• G.T. Scott v. Greenville Cnty.: C. Daniel Riddle
  716 F.2d 1409· 4th Cir.· 1983-09-14 ·cited 70×
  The court held that the plaintiff has standing to sue for racial discrimination and that the denial of a building permit may violate due process if arbitrary or capricious, but damages for delays caused by a state court appeal are limited.
• Rollins Freeman v. Franzen
  695 F.2d 485· 7th Cir.· 1982-12-15 ·cited 70×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court erred in granting judgment notwithstanding the verdict for two defendants, and that the jury's punitive damages award against another defendant was supported by the evidence. The court also held that prisoners can bring claims for excessive
• Salvadore Rotolo v. The Borough OF Charleroi
  532 F.2d 920· 3d Cir.· 1976-03-22 ·cited 70×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the district court erred in dismissing civil rights complaints without allowing the plaintiff an opportunity to amend, particularly regarding jurisdictional allegations and conclusory factual claims.
• ORR v. Trinter
  444 F.2d 128· 6th Cir.· 1971-06-16 ·cited 70×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  A public school teacher without tenure status does not have a constitutional right to be told the reasons for non-renewal of their contract or to a hearing, absent allegations of constitutionally impermissible reasons for the non-renewal.
• Ireland v. Prummell
  53 F.4th 1274· 11th Cir.· 2022-11-14 ·cited 69×·via 42 U.S.C. § 1983 (Excessive Force)
  Thomas Ireland's father appealed the district court's grant of summary judgment dismissing his claims arising from his son's death following a violent altercation with corrections officers at the Charlotte County Jail on August 24, 2015. The Eleventh Circuit affirmed the dismissa
• Barton Protective Servs., Inc. v. Faber
  745 So. 2d 968· Fla. 4th DCA· 1999-07-21 ·cited 69×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  A shopping mall security company (Barton) was held liable under 42 U.S.C. § 1983 for false arrest as a willful participant in joint action with police officers who arrested two men without probable cause. The court affirmed the liability finding but reversed the trial court's app
• Arnold v. Bd. OF Educ. OF Escambia Cnty.
  880 F.2d 305· 11th Cir.· 1989-08-10 ·cited 69×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that coercing a minor to abort violates her constitutional right to privacy and that coercing minors to refrain from consulting parents violates parental rights to direct upbringing. It also held that compelling action against religious beliefs can violate free exe
• Jobson v. Henne
  355 F.2d 129· 2d Cir.· 1966-01-05 ·cited 69×
  The court held that state officials acting within their discretion in treating mental defectives are immune from suit under 42 U.S.C. § 1983.
• Benson v. Cady
  761 F.2d 335· 7th Cir.· 1985-04-18 ·cited 68×·via Section 1983
  The court held that the allegations, read as a whole, do not state a claim of reckless disregard for serious medical needs satisfying the 'deliberate indifference' standard.
• Hagerty v. Succession OF Laura McCloskey Clement
  749 F.2d 217· 5th Cir.· 1984-12-17 ·cited 68×·via 42 U.S.C. § 1983 Action
  The federal district court correctly dismissed the section 1983 action for lack of subject matter jurisdiction and failure to state a claim, and the appeal is frivolous, warranting double costs and attorney's fees.
• Ybarra v. Reno Thunderbird Mobile Home Vill.
  723 F.2d 675· 9th Cir.· 1984-01-10 ·cited 68×·via 42 U.S.C. § 1983 Claim For Damages
  A prosecutor is absolutely immune from damages liability under 42 U.S.C. § 1983 for authorizing the release of evidence, as this is considered a quasi-judicial act within the scope of their authority. A supervisor cannot be held liable for a subordinate's constitutional deprivati
• Parks v. Watson
  716 F.2d 646· 9th Cir.· 1983-09-22 ·cited 68×·via Section 1983
  The court held that conditioning a street vacation on the dedication of unrelated geothermal wells without just compensation violates the Fifth Amendment's unconstitutional conditions doctrine and the Equal Protection Clause. However, the court reversed and remanded the procedura
• Hughes v. Whitmer
  714 F.2d 1407· 8th Cir.· 1983-08-04 ·cited 68×
  The court held that the majority's factual findings regarding the motivation for Hughes' transfer were not supported by the record and that Hughes' First Amendment claim was not frivolous.
• Knights OF THE KU Klux Klan Realm OF Louisiana v. E. Baton Rouge Parish Sch. Bd.
  679 F.2d 64· 5th Cir.· 1982-06-25 ·cited 68×·via 42 U.S.C. § 1983 Action
  The court held that the Equal Access to Justice Act (EAJA) may apply to cases pending on appeal when the Act became effective, and remanded the case for the district court to determine eligibility for fees.
• Bland v. McHANN
  463 F.2d 21· 5th Cir.· 1972-06-29 ·cited 68×
• Jones v. Metzger
  456 F.2d 854· 6th Cir.· 1972-03-14 ·cited 68×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the district court properly assumed jurisdiction and did not abuse its discretion in ordering remedial actions for unconstitutional jail conditions.
• Richards v. Thurston
  424 F.2d 1281· 1st Cir.· 1970-04-28 ·cited 68×
  A public high school student's right to wear his hair at any length is a personal liberty protected by the Due Process Clause of the Fourteenth Amendment, and the school must demonstrate a legitimate state interest to justify an intrusion.
• Jackson v. Godwin
  400 F.2d 529· 5th Cir.· 1968-07-23 ·cited 68×
• Popham v. City OF Talladega
  908 F.2d 1561· 11th Cir.· 1990-08-20 ·cited 67×·via 42 U.S.C. § 1983 Action
  The court held that the facts presented did not rise to the level of deliberate indifference required for a constitutional violation under 42 U.S.C. § 1983, and affirmed the grant of summary judgment.
• State Bank OF ST. Charles v. Camic
  712 F.2d 1140· 7th Cir.· 1983-07-13 ·cited 67×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the defendants' actions did not constitute a constitutional deprivation, and therefore summary judgment was properly granted.