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

• Verna v. Pub. Health Tr. of Miami-Dade Cnty.
  539 F. Supp. 2d 1340· S.D. Fla.· 2008-02-26 ·cited 7×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  Summary judgment was granted for the defendant on all counts, as the plaintiff failed to establish a prima facie case of discrimination or retaliation, and her disability discrimination claims were not supported by sufficient evidence of substantial limitation or employer knowled
• Carestio v. The Sch. Bd. OF Broward Cnty.
  866 So. 2d 754· Fla. 4th DCA· 2004-02-18 ·cited 7×
  The Carestios sued the Broward County School Board for battery arising from an alleged assault on their minor son by three school security officers. The trial court granted summary judgment for the School Board based on sovereign immunity, but the appellate court reversed, holdin
• Salas v. Carpenter
  980 F.2d 299· 5th Cir.· 1992-12-16 ·cited 7×·via Section 1983
  The court held that the sheriff was entitled to qualified immunity because the plaintiffs failed to state a claim for a violation of clearly established constitutional law, and the sheriff's actions did not constitute an abuse of governmental power or a violation of due process.
• Scott v. O'Grady
  975 F.2d 366· 7th Cir.· 1992-09-16 ·cited 7×·via Section 1983
  The court held that sheriffs and deputy sheriffs in Illinois act as state officials when enforcing court orders, thus their actions in such capacity are barred by the Eleventh Amendment. The suit against them in their official capacities was dismissed.
• Pritchett v. R.N. Alford
  973 F.2d 307· 4th Cir.· 1992-08-19 ·cited 7×·via 42 U.S.C. § 1983 Claim For Violation Of Fourth Amendment Rights
  The court affirmed the denial of qualified immunity for officers regarding Robert Pritchett's arrest and the Garage's removal from the wrecker list, finding clearly established rights were violated.
• Corn v. City of Lauderdale Lakes
  771 F. Supp. 1557· S.D. Fla.· 1991-08-30 ·cited 7×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the city acted arbitrarily and capriciously in denying the plaintiff's development plan, constituting a violation of substantive due process, and that the plaintiff had a constitutionally protected property interest.
• Perotti v. Seiter
  935 F.2d 761· 6th Cir.· 1991-06-06 ·cited 7×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that while attorney fees are due, the multiplier award must be reconsidered due to improper justifications and a conceded error in the base calculation.
• Boczar v. Manatee Hosps. & Health Sys., Inc.
  731 F. Supp. 1042· M.D. Fla.· 1990-02-21 ·cited 7×
  The court held that the plaintiffs failed to state claims under 42 U.S.C. § 1983, the Sherman Antitrust Act, RICO, and Title VII, and dismissed pendant state law claims for lack of jurisdiction.
• United Steelworkers OF Am. v. Phelps Dodge Corp.
  896 F.2d 403· 9th Cir.· 1990-02-16 ·cited 7×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the district court abused its discretion in calculating the attorneys' fee award by failing to adequately explain its reduction of hours and by setting an unreasonable hourly rate.
• Rickman v. Warden Avaniti
  854 F.2d 327· 9th Cir.· 1988-08-09 ·cited 7×·via 42 U.S.C. § 1983 Action
  The court held that a prison policy requiring visual strip searches for inmates in administrative segregation does not violate the Fourth Amendment or due process rights.
• Heath v. Henning
  854 F.2d 6· 2d Cir.· 1988-08-05 ·cited 7×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the jury instruction improperly applied a due process standard requiring proof of malice, rather than the Fourth Amendment's objective reasonableness standard for the use of deadly force.
• McQUEEN v. J.A. Tabah
  839 F.2d 1525· 11th Cir.· 1988-03-18 ·cited 7×·via Section 1983
  The court held that the Florida prison regulations created a liberty interest in remaining in the general population, and the record did not conclusively show that the defendants were entitled to summary judgment based on lack of causation or qualified immunity.
• Lloyd v. Ellis
  520 So. 2d 59· Fla. 1st DCA· 1988-01-27 ·cited 7×·via 42 U.S.C. § 1983 Action
  Barbara Lloyd appealed the dismissal of her civil rights action against Nassau County Sheriff Lawrence Ellis and County Investigator Sam Hayward for false arrest and cruel and unusual punishment. The court affirmed dismissal of claims against them in their official capacities but
• Greenberg v. Kmetko
  811 F.2d 1057· 7th Cir.· 1987-02-03 ·cited 7×·via 42 U.S.C. § 1983 Action
  The court held that the employee's speech, concerning internal agency disputes and personnel decisions, did not address a matter of public concern and therefore was not protected by the First Amendment.
• Jackson v. Franklin Cnty. Sch. Bd.
  765 F.2d 535· 5th Cir.· 1985-07-18 ·cited 7×
  The court held that a handicapped student's placement may be changed pending administrative and judicial appeals if the student poses a threat to himself or others and disrupts the educational environment.
• Thomas v. Booker
  762 F.2d 654· 8th Cir.· 1985-05-16 ·cited 7×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the jury's final verdict should be given deference, and the magistrate's failure to clarify the jury's initial incomplete verdict did not constitute plain error.
• Leggett v. Badger
  759 F.2d 1556· 11th Cir.· 1985-05-13 ·cited 7×·via 42 U.S.C. § 1983 Action
  Attorney's fees can be assessed against a state even when damages are awarded only against a defendant official in his individual capacity, provided the state's interests were represented and the state is joined for the fee determination.
• Griffin v. State OF R.I.
  760 F.2d 359· 1st Cir.· 1985-04-16 ·cited 7×·via 42 U.S.C. § 1983 Action
  Res judicata principles bar the plaintiff's federal court action because the claims raised were, or could have been, litigated in prior state court proceedings.
• Brown v. E. Cent. Health Dist.
  752 F.2d 615· 11th Cir.· 1985-02-08 ·cited 7×
  The Eleventh Amendment does not bar suits against East Central Health District, and the applicable statute of limitations for claims under 42 U.S.C. § 1983 is the two-year period found in Ga.Code Ann. § 9-3-22.
• Krohn v. Harvard LAW Sch.
  552 F.2d 21· 1st Cir.· 1977-04-06 ·cited 7×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that Harvard Law School, as a private institution, is not subject to suit under 42 U.S.C. § 1983 because its actions were not taken 'under color of state law.' Furthermore, the plaintiff failed to state a claim under 42 U.S.C. § 1981 as he did not allege denial of
• Gajon BAR & Grill, Inc. v. Kelly
  508 F.2d 1317· 2d Cir.· 1974-12-05 ·cited 7×
  The court held that federal courts should not interfere with pending state court proceedings unless absolutely necessary to prevent irreparable injury to constitutional rights, and that a corporation does not possess First Amendment free speech rights.
• Sherika Franklin v. Popovich
  111 F.4th 1188· 11th Cir.· 2024-08-06 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The Eleventh Circuit held that the officer was entitled to qualified immunity because the plaintiff failed to show a violation of a clearly established constitutional right, as the suspect's actions could reasonably be perceived as a threat justifying deadly force.
• Pace v. City of Palmetto
  489 F. Supp. 2d 1325· M.D. Fla.· 2007-06-12 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officer was entitled to qualified immunity on the excessive force claim and statutory immunity on the assault and battery claim because his actions were objectively reasonable under the circumstances and did not violate clearly established law.
• Harris v. Bush
  106 F. Supp. 2d 1272· N.D. Fla.· 2000-07-25 ·cited 6×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against most defendants due to lack of pleading, immunity, or Eleventh Amendment bar, and also failed to state a claim for declaratory relief.
• Tennant v. Florida
  111 F. Supp. 2d 1326· S.D. Fla.· 2000-01-13 ·cited 6×·via Section 1983
  The court granted summary judgment for defendants on the federal civil rights claim, finding the state immune and the city not liable for failure to train. The state law claims were remanded.
• Donat McDONALD and Dorrell Bryan v. State
  742 So. 2d 830· Fla. 4th DCA· 1999-09-08 ·cited 6×·via 42 U.S.C. § 1983 Action
  McDonald and Bryan were charged with marijuana possession and delivery after police executed a search warrant at their home and discovered cannabis. While at the apartment, officers conducted a seven-hour reverse-sting operation without the defendants' consent, during which appro
• Anderson v. Steven R. Andrews, P.A.
  692 So. 2d 237· Fla. 1st DCA· 1997-04-23 ·cited 6×·via 42 U.S.C. § 1983 Claim Elements
  A legal malpractice action against an attorney who represented a pro se litigant in two federal civil rights cases. The court affirmed summary judgment on the Pittman case but reversed and remanded on the Harkins case, finding the trial court failed to address the malpractice cla
• Faragher v. City of Boca Raton
  864 F. Supp. 1552· S.D. Fla.· 1994-07-22 ·cited 6×·via § 1983
  The court held that the City of Boca Raton was liable under Title VII for creating a hostile work environment due to severe and pervasive sexual harassment by its employees, Terry and Silverman, despite the existence of a sexual harassment policy, due to the City's failure to dis
• Mahon v. City of Largo
  829 F. Supp. 377· M.D. Fla.· 1993-07-26 ·cited 6×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court denied the defendant officer's motion for judgment on the pleadings, finding that a Section 1983 claim for false arrest under the Fourth Amendment is distinct from Fourteenth Amendment due process claims based on negligence. The court also denied the City's motion for s
• Colle v. Brazos Cnty.
  981 F.2d 237· 5th Cir.· 1993-01-20 ·cited 6×·via 42 U.S.C. § 1983 Violations
  The court held that the notice of appeal was insufficient to confer jurisdiction over all plaintiffs, but that claims against the county and sheriff were adequately pleaded under § 1983.
• Thomson v. Scheid
  977 F.2d 1017· 6th Cir.· 1992-10-19 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's actions and claims did not rise to the level of constitutional violations under § 1983, and therefore, the district court's grant of summary judgment was appropriate.
• Morgan v. Woessner
  975 F.2d 629· 9th Cir.· 1992-09-15 ·cited 6×·via Section 1983
  The court held that the district court correctly determined that the initial stop of Morgan was a seizure unsupported by reasonable suspicion, but remanded for further proceedings regarding punitive damages.
• Knight v. Harris D. Caldwell
  970 F.2d 1430· 5th Cir.· 1992-09-03 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the trial court's jury charge, which asked about injury before damages and did not require proof of 'significant injury,' was not plain error and was consistent with Supreme Court precedent.
• Niehus v. Vince Liberio and Frank Vittorio
  973 F.2d 526· 7th Cir.· 1992-08-20 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury's award for excessive force was supported by evidence, and that a loss of consortium claim cannot be brought under the Fourteenth Amendment's due process clause.
• Davet v. Enrico MacCarone
  973 F.2d 22· 1st Cir.· 1992-08-19 ·cited 6×
  The court affirmed the district court's rulings, finding no reversible error in the denial of punitive damages, the refusal to grant a new trial, the award of costs, or the dismissal of the attorney fees claim due to lack of jurisdiction.
• Rumford Pharmacy, Inc. v. City OF E. Providence
  970 F.2d 996· 1st Cir.· 1992-07-31 ·cited 6×
  The court held that the plaintiff failed to state a claim for procedural due process violations because it did not allege the unavailability of adequate state remedies, and lacked standing for injunctive relief as its injury was not redressable.
• Tranello v. Frey
  962 F.2d 244· 2d Cir.· 1992-05-01 ·cited 6×
  The court held that it lacked jurisdiction to hear the plaintiff's cross-appeal due to untimely filing, but affirmed the denial of summary judgment on the ADEA claim against the County.
• Hygh v. Jacobs
  961 F.2d 359· 2d Cir.· 1992-04-09 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that expert testimony stating an officer's conduct was 'totally improper' and 'not justified' crossed the line into legal conclusions, but was harmless error. The court also held that a dismissal 'in the interest of justice' does not constitute a favorable terminat
• Chuman v. Wright
  960 F.2d 104· 9th Cir.· 1992-03-27 ·cited 6×·via 42 U.S.C. § 1983 Claim For Damages
  An interlocutory appeal from the denial of qualified immunity divests the district court of jurisdiction to proceed with trial unless the district court certifies the appeal as frivolous or forfeited.
• Kraebel v. NEW York City Dep't OF Hous. Pres. & Dev.
  959 F.2d 395· 2d Cir.· 1992-03-19 ·cited 6×
  The court affirmed the dismissal of J51 claims due to the Tax Injunction Act but reversed and remanded the due process claim regarding SCRIE reimbursements, finding a property interest was established.
• Frohmader v. Deputy D. Wayne
  958 F.2d 1024· 10th Cir.· 1992-03-12 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the plaintiff presented sufficient evidence of excessive force under the Fourth Amendment's objective reasonableness standard and due process, but failed to present sufficient evidence of serious medical needs for an inadequate medical attention claim.
• Maguire v. Thompson
  957 F.2d 374· 7th Cir.· 1992-02-26 ·cited 6×
  The court held that the Illinois Medical Practice Act's licensing scheme, which excludes doctors of naprapathy from practicing without additional education, does not violate the due process or equal protection clauses of the Fourteenth Amendment.
• Wallace v. Mulholland
  957 F.2d 333· 7th Cir.· 1992-02-20 ·cited 6×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court affirmed the judgment, holding that the trial judge acted within his discretion regarding evidence exclusion, judge's conduct, and attorney fee awards, and that sufficient evidence supported the jury's verdict.
• Wilson v. Giesen
  956 F.2d 738· 7th Cir.· 1992-02-14 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the plaintiff's civil rights complaint was untimely filed, affirming the district court's dismissal.
• Amato v. Wilentz
  952 F.2d 742· 3d Cir.· 1991-12-30 ·cited 6×·via Violation Of First Amendment Rights Under 42 U.S.C. § 1983
  The court held that Essex County lacked third-party standing to assert Warner Brothers' First Amendment rights because Warner Brothers faced no significant obstacle to bringing its own suit.
• Nydam v. Lennerton
  948 F.2d 808· 1st Cir.· 1991-11-04 ·cited 6×
  The court affirmed the jury's verdict and the denial of the defendants' motions for a new trial and judgment notwithstanding the verdict, finding the damages awarded were not excessive and the attorney fee award was not an abuse of discretion.
• Pardo v. Hosier
  946 F.2d 1278· 7th Cir.· 1991-10-30 ·cited 6×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Prison regulations that provide procedural guidelines but do not mandate specific outcomes do not create a constitutionally protected liberty interest for inmates. Attorney's fees awards fall if the underlying judgment is reversed.
• Rucker v. Harford Cnty.
  946 F.2d 278· 4th Cir.· 1991-10-03 ·cited 6×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The Fourth Amendment does not protect innocent bystanders from unintentional injury by police apprehending a suspect, and substantive due process requires conduct "shocking to the conscience," which was not met here. A familial association claim is derivative and fails if the pri
• Early Johnson v. Captain Boreani
  946 F.2d 67· 8th Cir.· 1991-09-26 ·cited 6×·via 42 U.S.C. § 1983 Action
  Summary judgment for defendants was appropriate because they are entitled to qualified immunity, and the plaintiff failed to prove entitlement to injunctive relief.
• Garth Maag v. Wessler
  944 F.2d 654· 9th Cir.· 1991-09-23 ·cited 6×·via 42 U.S.C. § 1983 Claim For Violation Of Fourth Amendment Rights
  The court held that awarding attorneys' fees to prevailing defendants in § 1983 actions requires a finding that the action was frivolous, unreasonable, and without foundation.