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

• Gary v. Spires
  634 F.2d 772· 4th Cir.· 1980-12-09 ·cited 4×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the defendants' delay in seeking attorney's fees under 42 U.S.C. § 1988, until after the appeal period expired, was inequitable and prejudiced the plaintiffs, thus the award was an error.
• Aubuchon v. State OF Mo.
  631 F.2d 581· 8th Cir.· 1980-10-08 ·cited 4×·via 42 U.S.C. § 1983 Action
  The State of Missouri is not a proper party to an action brought under 42 U.S.C. § 1983, and any individual named would be protected by judicial immunity.
• Modjeska M. Simkins v. Gressette
  631 F.2d 287· 4th Cir.· 1980-09-22 ·cited 4×
  The court held that the plaintiffs failed to state a substantial claim of unconstitutional vote dilution, and that equitable principles barred relief due to the delay in filing the lawsuit.
• Gloristeen Harris v. City OF Fort Myers
  624 F.2d 1321· 5th Cir.· 1980-08-28 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the trial court did not err in awarding attorney's fees to the plaintiffs, as they were the prevailing party, even though the judgment was by consent, and the award was based on appropriate standards.
• JOE v. Honorable Roy Marcum
  621 F.2d 358· 10th Cir.· 1980-05-16 ·cited 4×
  The court held that a state court garnishment proceeding to attach wages earned on a Navajo Indian Reservation by a Navajo Indian employee of a company operating on the reservation is preempted by federal law and impinges upon tribal sovereignty.
• Robinson v. Price
  615 F.2d 1097· 5th Cir.· 1980-04-24 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in granting a directed verdict, as the plaintiff's termination for participating in a church committee, which conflicted with the Association's policy due to a board member's involvement, may have infringed his First Amendment rights.
• Capili v. Ned Shott
  620 F.2d 438· 4th Cir.· 1980-04-14 ·cited 4×
  The court held that the hospital's exclusive contract for anesthesiology services was supported by a rational basis and did not violate the Sherman Act or civil rights.
• Billington v. Underwood
  613 F.2d 91· 5th Cir.· 1980-03-06 ·cited 4×·via Violation Of Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the housing authority failed to provide an adequate informal hearing as required by federal regulation, thus reversing the lower court's decision.
• Waste Mgmt. OF Wis., Inc. v. Fokakis
  614 F.2d 138· 7th Cir.· 1980-02-01 ·cited 4×·via 42 U.S.C. § 1983 Action
  Federal courts lack jurisdiction to hear a corporation's collateral attack under 42 U.S.C. § 1983 on a state court criminal conviction, as habeas corpus is the exclusive federal remedy for such attacks.
• Ross v. Burns
  612 F.2d 271· 6th Cir.· 1980-01-03 ·cited 4×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that photographing an undercover officer and publishing his identity, even with critical commentary, does not constitute "extreme and outrageous conduct" required for intentional infliction of emotional distress under Michigan law. The court also found no reversibl
• Lopez v. Arraras
  606 F.2d 347· 1st Cir.· 1979-10-10 ·cited 4×
  The court held that the case must be remanded because of serious doubts concerning the district court's jurisdiction and because HUD is a necessary party for proper resolution.
• LaSALLE Nat'l Bank under Tr. No. 44891 v. Rosewell
  604 F.2d 530· 7th Cir.· 1979-08-24 ·cited 4×·via 42 U.S.C. § 1983 Action
  The Tax Injunction Act does not bar federal jurisdiction over a civil rights action seeking to enjoin the collection of state taxes if the state's legal remedy is not plain, speedy, and efficient, particularly when that remedy fails to provide interest on refunds.
• Ether L. Barnes v. Jones Cnty. Sch. Dist.
  575 F.2d 490· 5th Cir.· 1978-06-19 ·cited 4×
  The court held that the district court's finding that racial bias was not a factor in the decision not to rehire the plaintiff was not clearly erroneous, and thus affirmed the judgment for the defendants.
• Myer Phillips v. Cheltenham Twp. & John Ward. Appeal of John Ward
  575 F.2d 72· 3d Cir.· 1978-04-24 ·cited 4×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that an unconditionally paid judgment renders an appeal moot, depriving the court of the power to grant relief.
• Robert and Angeles O'Grady v. City OF Montpelier
  573 F.2d 747· 2d Cir.· 1978-03-27 ·cited 4×
  The court held that the district court erred in dismissing the complaint for lack of jurisdiction and failure to state a claim, as the factual record was insufficient to determine the constitutional questions presented.
• Burnett v. McNABB
  565 F.2d 398· 6th Cir.· 1977-11-04 ·cited 4×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the Beer Board members were immune from suit because they acted in good faith in their quasi-judicial capacity. The court also held that there was no pendent federal jurisdiction under the cited Tennessee statute.
• COX Bakeries OF N.D., Inc. v. Timm Moving & Storage, Inc.
  554 F.2d 356· 8th Cir.· 1977-05-12 ·cited 4×
  A state statute allowing a warehouseman to sell stored goods to satisfy a disputed debt without a prior hearing violates the Due Process Clause of the Fourteenth Amendment.
• Cornell Reynolds v. Abbeville Cnty. Sch. Dist. NO. 60
  554 F.2d 638· 4th Cir.· 1977-05-11 ·cited 4×
  The court held that the discharge of Reynolds was discriminatory, requiring consideration for reinstatement.
• Smith v. Klecker
  554 F.2d 848· 8th Cir.· 1977-04-19 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the defamation claim failed to state a federal claim and that defendants were likely immune from damages.
• Bury v. McINTOSH
  540 F.2d 835· 5th Cir.· 1976-10-15 ·cited 4×
  The court held that an employee who voluntarily resigns is not entitled to due process protections, and the trial court's finding of voluntariness was not clearly erroneous.
• Stephenson v. Gaskins
  531 F.2d 765· 5th Cir.· 1976-05-14 ·cited 4×·via 42 U.S.C. § 1983 Action
  A sheriff is shielded by qualified immunity in § 1983 false imprisonment suits, requiring a determination of good faith and reasonableness, not an outright dismissal.
• Grow v. Smith
  511 F.2d 1146· 9th Cir.· 1975-02-26 ·cited 4×
  The court held that the Eleventh Amendment bars suits for retroactive welfare benefits and that the challenged state regulation requiring minimal information to determine current need is consistent with federal law. The court also remanded for consideration of amended regulations
• Jones v. Connors
  496 F.2d 82· 5th Cir.· 1974-06-21 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that a pro se prisoner's complaint alleging constitutional violations regarding transfer, privileges, and property deprivation cannot be dismissed without factual development.
• Holiday Magic, Inc. v. Warren
  497 F.2d 687· 7th Cir.· 1974-05-20 ·cited 4×·via 42 U.S.C. § 1983 Action
  A single district judge erred by dismissing a complaint challenging a state regulation on constitutional grounds without convening a three-judge court, as the constitutional claims presented were not insubstantial.
• Reilly v. Doyle
  483 F.2d 123· 2d Cir.· 1973-07-26 ·cited 4×
  The court held that the district court properly dismissed the complaint because federal intervention was inappropriate, the allegations did not sufficiently detail a conspiracy under color of state law, and the plaintiffs failed to allege excessive force or discriminatory enforce
• Mattingly v. Elias
  482 F.2d 526· 3d Cir.· 1973-07-09 ·cited 4×
  The court held that the district court erred in requiring tenants to present retaliatory eviction claims in state court, but correctly dismissed claims for warranty of habitability and unconscionability due to lack of federal jurisdiction.
• Patterson v. Hopkins
  481 F.2d 640· 5th Cir.· 1973-06-14 ·cited 4×·via § 1983 Suit
  The court held that the trial judge's decree prescribing jail practices and facilities was an acceptable disposition, denying monetary damages.
• Augustus J. Simmons v. Wetherell
  472 F.2d 509· 2d Cir.· 1973-01-19 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the state's repeated attempts to condemn land, even if ultimately unsuccessful or inefficient, did not constitute an unconstitutional taking under § 1983, but a claim regarding runway lights on disputed land stated a cause of action, albeit one to be stayed pe
• Earnest Pickings v. Imon E. Bruce
  430 F.2d 595· 8th Cir.· 1970-08-06 ·cited 4×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  College administrators violated students' First Amendment rights by sanctioning them for writing a letter to an off-campus church and by attempting to cancel a speaker invitation based on unsubstantiated fears of disruption.
• Berry v. Allen
  411 F.2d 1142· 6th Cir.· 1969-06-20 ·cited 4×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  A federal court lacks jurisdiction to order a state to grant a liquor license, even if state officials are alleged to have acted arbitrarily, as this would usurp the state's sovereign power to regulate liquor traffic.
• Johns v. Redeker
  406 F.2d 878· 8th Cir.· 1969-02-14 ·cited 4×
  A single judge may dismiss a complaint for lack of federal jurisdiction if no substantial federal question is presented, even if a three-judge court was requested. Higher tuition for nonresidents is permissible.
• In re The Petition Of Albert F. Manion To Perpetuate Testimony Of The City News Bureau Of Chicago. Albert F. Manion v. Holzman
  379 F.2d 843· 7th Cir.· 1967-06-26 ·cited 4×
  The court held that the district court lacked jurisdiction because the plaintiff failed to allege facts demonstrating individual injury redressable under 42 U.S.C.A. § 1983.
• Barwick v. Governor of Florida
  66 F.4th 896· 11th Cir.· 2023-04-26 ·cited 3×·via 42 U.S.C. § 1983 Action
  The Eleventh Circuit held that a death-row prisoner's claim that Florida's clemency process lacked specific standards and was arbitrary did not present a substantial likelihood of success on the merits, and thus denied his motion for a stay of execution.
• Peden v. Stephens
  50 F.4th 972· 11th Cir.· 2022-08-29 ·cited 3×·via 42 U.S.C. § 1983 Violations
  The Eleventh Circuit held that the district court abused its discretion in certifying a partial final judgment under Rule 54(b) because there was no just reason for delay, thus the court lacked jurisdiction to hear the appeal.
• Sanchez v. Obando-Echeverry
  716 F. Supp. 2d 1195· S.D. Fla.· 2010-03-31 ·cited 3×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the force used by police officers during the arrest was objectively reasonable and not excessive, entitling the defendant county to summary judgment on the battery claim.
• Jimmy T. and Nancy A. Bauknight v. Monroe Cnty.
  994 So. 2d 362· Fla. 3d DCA· 2008-09-17 ·cited 3×
  Property owners appealed a summary judgment dismissing their temporary inverse condemnation claims after Monroe County delayed issuing building permits for six years due to inadequate highway level of service. The court affirmed, holding that the owners' failure to apply for reli
• Trammell v. Thomason
  559 F. Supp. 2d 1281· M.D. Fla.· 2008-06-03 ·cited 3×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that Florida's strict liability dog bite statutes do not apply to police dogs acting in their official duties and that sovereign immunity bars the state law claims. The court also found that genuine issues of material fact precluded summary judgment on the Section
• Osterback v. Kemp
  300 F. Supp. 2d 1238· N.D. Fla.· 2003-10-15 ·cited 3×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the first transfer was reasonably related to legitimate penological interests and thus not unconstitutional, while the second transfer presented a triable issue of fact. Qualified immunity applied to the damages claim for the second transfer.
• Fernandez v. City of Cooper City
  207 F. Supp. 2d 1371· S.D. Fla.· 2002-05-10 ·cited 3×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officers were entitled to qualified immunity as their use of force was objectively reasonable, and the City was entitled to summary judgment on all counts.
• Tindall v. Gibbons
  156 F. Supp. 2d 1292· M.D. Fla.· 2001-08-14 ·cited 3×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that Count I would be stayed, Counts II and III were dismissed for failure to state a claim, and Count IV was dismissed for lack of subject matter jurisdiction under the Rooker-Feldman doctrine.
• Becker v. Clark
  722 So. 2d 232· Fla. 2d DCA· 1998-11-25 ·cited 3×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Michael Becker, a district administrator for the Department of Health and Rehabilitative Services (HRS), challenged the trial court's denial of his qualified immunity defense in a civil rights action brought by Lisa Clark. The appellate court reversed, holding that Becker was ent
• Rice-Lamar v. City of Fort Lauderdale
  54 F. Supp. 2d 1137· S.D. Fla.· 1998-11-25 ·cited 3×
  Summary judgment was granted for the defendants because the plaintiff's speech was not protected by the First Amendment as it impeded the employer's efficiency, and her discrimination claims failed as the employer's actions were based on insubordination, not race or gender.
• Raines v. State
  983 F. Supp. 1362· N.D. Fla.· 1997-03-21 ·cited 3×·via 42 U.S.C. § 1983 Claim For Damages
  The court found that the Eighth Amendment claim failed because the denial of incentive gain time did not implicate basic human needs and lacked evidence of intent to punish. The court also analyzed the applicability of the ADA and Rehabilitation Act to state prisoners.
• Bensch v. Metro. Dade Cnty.
  952 F. Supp. 790· S.D. Fla.· 1996-12-16 ·cited 3×
  The court held that the inverse condemnation claim (Count II) was not ripe because plaintiffs failed to exhaust state remedies, and the trespass claim (Count III) was barred by the Eleventh Amendment. The court denied the motion to drop parties, but encouraged future motions to a
• Mann v. Hillsborough Cnty. Sheriff's Off.
  946 F. Supp. 962· M.D. Fla.· 1996-11-25 ·cited 3×
  The court held that the Creasys' actions, even with deputy presence, did not constitute state action under § 1983, and thus granted their motion for summary judgment. The court also found that factual issues remained regarding the Sheriff's liability for failure to train and supe
• F.M. v. Palm Beach Cnty.
  912 F. Supp. 514· S.D. Fla.· 1995-02-18 ·cited 3×
  A broad release stipulation, even if requiring judicial approval for some claims, is valid and bars all claims if interpreted to uphold the agreement.
• Lucas v. Cannon
  848 F. Supp. 168· M.D. Fla.· 1994-03-29 ·cited 3×
  The court held that the plaintiff failed to state a cause of action against the defendant under Florida Statute § 768.28 and federal civil rights statutes.
• Moore v. State OF Ind.
  999 F.2d 1125· 7th Cir.· 1993-07-20 ·cited 3×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the district court did not abuse its discretion in denying the plaintiff's motion for leave to amend his complaint because the proposed amendments would be futile.
• Robinson v. The City OF ST. Charles
  972 F.2d 974· 8th Cir.· 1992-08-14 ·cited 3×·via 42 U.S.C. § 1983 (Excessive Force)
  The court affirmed the jury's verdict of no liability for the Robinsons and agreed that Jones was not a prevailing party due to the lack of damages awarded, despite a finding of constitutional violation.
• McARDLE v. Tronetti
  961 F.2d 1083· 3d Cir.· 1992-04-17 ·cited 3×·via Section 1983
  Defendants are immune from Section 1983 liability for false diagnosis, false testimony, and conspiracy related to involuntary commitment proceedings, but not for the act of filing the commitment petition itself. However, the plaintiff failed to plead essential elements for his ma