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

• Medberry v. Butler
  185 F.3d 1189· 11th Cir.· 1999-08-23 ·cited 58×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  A prisoner with three prior frivolous or malicious lawsuits sought to proceed in forma pauperis under 28 U.S.C. § 1915(g), arguing that counting pre-PLRA dismissals violated the Ex Post Facto Clause and that he qualified for the imminent danger exception. The Eleventh Circuit hel
• Wells v. Hico Indep. Sch. Dist.
  736 F.2d 243· 5th Cir.· 1984-07-16 ·cited 58×·via Section 1983
  The court held that the trial judge erred in submitting the due process liberty interest claim to the jury because there was no evidence to support it.
• Carter v. Lowell D. Hewitt
  617 F.2d 961· 3d Cir.· 1980-02-27 ·cited 58×·via 42 U.S.C. § 1983 Action
  The admission of a letter, written six months after the alleged incident, as evidence of a conspiracy to fabricate brutality charges was reversible error because its context and admissibility were not properly established.
• Hanako Dennis v. Chang
  611 F.2d 1302· 9th Cir.· 1980-01-21 ·cited 58×·via 42 U.S.C. § 1983 Action
  The court held that attorneys' fees awarded under 42 U.S.C. § 1988 are not barred by the Eleventh Amendment, nor are they precluded by the fact that the prevailing party's counsel is a state-funded legal aid organization. The court also found that challenges to the amount of the
• Thomas v. Warden Frank J. Pate
  493 F.2d 151· 7th Cir.· 1974-01-10 ·cited 58×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
• Offet v. Solem
  823 F.2d 1256· 8th Cir.· 1987-07-13 ·cited 57×·via 42 U.S.C. § 1983 Claim For Damages
  The dissent argues that the exhaustion requirement of 28 U.S.C. § 2254 does not apply to 42 U.S.C. § 1983 actions seeking monetary damages, even if the claim relates to the validity of good-time credit deprivation.
• Craik v. The Minn. State Univ. Bd.
  731 F.2d 465· 8th Cir.· 1984-03-23 ·cited 57×
• McCRAY v. Sullivan
  509 F.2d 1332· 5th Cir.· 1975-03-19 ·cited 57×·via 42 U.S.C. § 1983 Action
  The court held that while some prison conditions did not violate the Eighth Amendment or prior injunctions, others, particularly concerning punitive isolation and mail processing, required further consideration or reversal.
• Myrick v. Fulton Cnty.
  69 F.4th 1277· 11th Cir.· 2023-06-07 ·cited 56×·via 42 U.S.C. § 1983 (Excessive Force)
  Antonio May died in Fulton County Jail on September 11, 2018, following an altercation with officers during which he was restrained and subjected to physical force while experiencing acute methamphetamine intoxication and psychological distress. The Eleventh Circuit affirmed the
• Sims v. Metro. Dade Cnty.
  972 F.2d 1230· 11th Cir.· 1992-09-18 ·cited 56×·via 42 U.S.C. § 1983 Action
  The district court did not err in denying the county officials' motion for summary judgment based on qualified immunity without prejudice, as a genuine issue of material fact exists regarding whether the employee's statements impaired his ability to carry out his duties and the d
• Jamieson v. Shaw
  772 F.2d 1205· 5th Cir.· 1985-10-07 ·cited 56×·via Section 1983
  The district court did not abuse its discretion in finding that the second amendment to the complaint would be futile, and therefore, further proceedings would be a waste of resources.
• McQURTER v. City OF Atlanta
  724 F.2d 881· 11th Cir.· 1984-01-19 ·cited 56×·via 42 U.S.C. § 1983 Action
  An order resolving all issues except attorney's fees is a final, appealable order, even if the fees have not yet been awarded.
• Van Davis v. Cnty. OF LOS Angeles
  566 F.2d 1334· 9th Cir.· 1977-12-14 ·cited 56×
  The court held that the plaintiffs lacked standing to challenge the height limitation and pre-1971 hiring procedures. The court also found that the attempted use of the 1972 examination was a Title VII violation, but the imposition of hiring quotas was not warranted.
• Robert L. Parish v. Nat'l Collegiate Athletic Ass'n
  506 F.2d 1028· 5th Cir.· 1975-01-09 ·cited 56×
  The court held that the NCAA's 1.600 rule was constitutional and that its actions were taken under color of state law, conferring jurisdiction.
• Rev. Donald L. Jackson v. The Statler Found.
  496 F.2d 623· 2d Cir.· 1973-12-04 ·cited 56×
  The dissent argues that tax exemptions for private charitable foundations do not constitute government action, and therefore, these foundations are not subject to civil rights suits for their grant-making decisions.
• Dunn v. Gazzola
  216 F.2d 709· 1st Cir.· 1954-11-09 ·cited 56×
  The court held that the complaint failed to state a claim under the Civil Rights Act for conspiracy to deprive the plaintiff of equal protection of the laws.
• Willa Dean Howell v. Evans
  922 F.2d 712· 11th Cir.· 1991-01-28 ·cited 55×·via 42 U.S.C. § 1983 Action
  The court held that it has jurisdiction to review the denial of qualified immunity even when factual disputes exist, and that the superintendent's failure to act on known medical deficiencies could constitute deliberate indifference, but the attending physician's actions did not
• Lussier v. Dugger
  904 F.2d 661· 11th Cir.· 1990-07-02 ·cited 55×
  The Civil Rights Restoration Act does not apply retroactively to Lussier's claim, and individual defendants may be shielded by qualified immunity.
• Clark v. Lou V. Brewer
  776 F.2d 226· 8th Cir.· 1985-10-30 ·cited 55×·via 42 U.S.C. § 1983 Action
  The court held that an inmate's release from close management and settlement of damages did not moot his claim because it was capable of repetition yet evading review, and that state policies created a liberty interest protected by due process.
• Shondel v. McDERMOTT
  775 F.2d 859· 7th Cir.· 1985-10-28 ·cited 55×
  The court held that Shondel lacks standing to sue based on the violation of her stepfather's constitutional rights.
• McGEE v. S. Pemiscot Sch. Dist. R-V
  712 F.2d 339· 8th Cir.· 1983-07-11 ·cited 55×
  The dissenting judge believes the district court properly granted judgment n.o.v. and would remand for a new trial on damages if liability is assumed.
• Powell v. Snook
  25 F.4th 912· 11th Cir.· 2022-02-08 ·cited 54×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officer was entitled to qualified immunity because the law was not clearly established that he violated the Fourth Amendment by using deadly force without a warning in these specific circumstances.
• Rice-Lamar v. City OF Fort Lauderdale
  232 F.3d 836· 11th Cir.· 2000-11-08 ·cited 54×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Deborah Rice-Lamar, an African-American female Affirmative Action Specialist for the City of Fort Lauderdale, was discharged after refusing to remove personal commentary from her 1996 Affirmative Action Report despite supervisory instructions to do so. The Eleventh Circuit affirm
• J.T. Carr v. City OF Florence
  916 F.2d 1521· 11th Cir.· 1990-11-07 ·cited 54×·via Section 1983
  The court held that prior precedent improperly granted Eleventh Amendment immunity to Alabama county sheriffs without a proper analysis of state funding for judgments.
• Remo Benigni v. City OF Hemet
  879 F.2d 473· 9th Cir.· 1988-08-15 ·cited 54×·via Section 1983
  The court held that the City failed to preserve most of its challenges to jury instructions and sufficiency of evidence due to procedural defaults, and that any errors in the qualified immunity instruction were harmless.
• Armstrong v. Bd. OF Sch. Directors OF the City OF Milwaukee
  616 F.2d 305· 7th Cir.· 1980-02-19 ·cited 54×
  The court held that the district court properly applied class action settlement principles to approve the desegregation settlement agreement, and that such settlements are permissible even after a finding of liability.
• Fielder v. August H. Bosshard
  590 F.2d 105· 5th Cir.· 1979-02-21 ·cited 54×·via 42 U.S.C. § 1983 Action
  The court held that the jury instructions adequately covered the qualified immunity defense, and that sufficient evidence supported the jury's finding of cruel and unusual punishment and the awarded damages.
• Lindsey v. Dayton-Hudson Corp.
  592 F.2d 1118· 10th Cir.· 1979-02-05 ·cited 54×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the plaintiff's claims for false imprisonment, assault and battery, and slander were barred by the statute of limitations because the summons was not issued within the one-year period, and the malicious prosecution claim failed for lack of evidence that the de
• Novella H. Trageser v. Libbie Rehab. Ctr., Inc.
  590 F.2d 87· 4th Cir.· 1978-12-18 ·cited 54×
  The court held that a private action under § 504 of the Rehabilitation Act for employment discrimination is barred unless providing employment is a primary objective of the federal financial assistance, and that the nursing home's receipt of federal funds and state regulation did
• Expert Elec., Inc. v. Levine
  554 F.2d 1227· 2d Cir.· 1977-05-12 ·cited 54×·via 42 U.S.C. § 1983 Claim For Damages
• Place v. Mrs. Mary C. Shepherd
  446 F.2d 1239· 6th Cir.· 1971-08-17 ·cited 54×
  The court held that the plaintiff's amended complaint failed to state a cause of action under the Civil Rights Act or the Sherman and Clayton Acts due to conclusional allegations and lack of factual support.
• Roth v. The Bd. OF Regents OF State Colleges & Roger E. Guiles
  446 F.2d 806· 7th Cir.· 1971-07-01 ·cited 54×
  The court held that a probationary instructor whose contract is not renewed is entitled to a statement of reasons and a hearing as a matter of procedural due process.
• Ivory Wright v. Sheppard
  919 F.2d 665· 11th Cir.· 1990-12-18 ·cited 53×·via Section 1983
  The court held that while punitive damages may be appropriate, appellate courts cannot mandate their award, as this is a discretionary decision for the fact finder. The majority's imposition of punitive damages constituted an abuse of discretion.
• Little v. City OF N. Miami
  805 F.2d 962· 11th Cir.· 1986-12-09 ·cited 53×
  The court held that a public censure resolution by a city council, if retaliatory, can violate First Amendment rights and procedural due process, but not the Sixth Amendment or the prohibition against bills of attainder if it lacks the force of law.
• Johnson v. Brelje
  701 F.2d 1201· 7th Cir.· 1983-02-18 ·cited 53×·via 42 U.S.C. § 1983 Action
  The dissenting judge believes the Illinois Criminal Code and Mental Health Code provide sufficient due process for individuals found unfit to stand trial, making additional federal due process requirements unnecessary.
• Sprague v. Fitzpatrick
  546 F.2d 560· 3d Cir.· 1976-12-06 ·cited 53×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
• Teterud v. Burns
  522 F.2d 357· 8th Cir.· 1975-09-04 ·cited 53×
  A prison regulation prohibiting inmates from wearing long braided hair is unconstitutional under the First Amendment's Free Exercise Clause if it is not narrowly tailored to serve compelling governmental interests.
• Guedry v. Honorable Leon Ford, III
  431 F.2d 660· 5th Cir.· 1970-09-09 ·cited 53×
  Judges and prosecuting attorneys are immune from civil liability under 42 U.S.C. § 1983 for actions taken within their official capacities, and a private citizen cannot be held liable for conspiring with immune officials.
• Hutton v. Hutton
  919 F.2d 1531· 11th Cir.· 1990-12-27 ·cited 52×
  Sheriff Strickland is entitled to qualified immunity because the arresting officers had probable cause to arrest the Huttons for trespass under clearly established law. However, he was properly denied absolute immunity.
• Jurgensen v. Fairfax Cnty.
  745 F.2d 868· 4th Cir.· 1984-10-04 ·cited 52×·via 42 U.S.C. § 1983 Action
  The court held that the employee's speech, primarily concerning internal grievances and not a matter of public concern, was not constitutionally protected under the First Amendment, and therefore his demotion did not violate his free speech rights.
• Hermes v. Hein
  742 F.2d 350· 7th Cir.· 1984-08-17 ·cited 52×
  The court affirmed the grant of summary judgment for the defendants on the plaintiffs' First Amendment and due process claims, but remanded the case for further consideration of the award of attorneys' fees.
• Berry v. The Bd. OF Supervisors OF L.S.U.
  715 F.2d 971· 5th Cir.· 1983-09-26 ·cited 52×
  The court held that a claim of "work load discrimination" alone is not actionable under the Equal Pay Act, but remanded the Equal Pay Act claim to consider if unequal pay for equal work was alleged. The court also remanded the Title VII claim to determine if a continuing violatio
• Franklin v. State OF Or.
  662 F.2d 1337· 9th Cir.· 1981-12-07 ·cited 52×·via 42 U.S.C. § 1983 Action
  A district court may dismiss an action sua sponte before issuing summonses only if it clearly lacks subject matter jurisdiction. Otherwise, proper procedural steps, including summons issuance, must be followed.
• Rankin v. Howard
  633 F.2d 844· 9th Cir.· 1980-12-05 ·cited 52×
  A judge loses judicial immunity when acting in the clear and complete absence of personal jurisdiction or when engaging in a private agreement to predetermine a case's outcome. Private parties conspiring with a judge do not enjoy derivative immunity.
• Flores v. Pierce
  617 F.2d 1386· 9th Cir.· 1980-05-07 ·cited 52×
  Officials who discriminate invidiously are not entitled to good faith immunity in an action under 42 U.S.C. § 1983, and sufficient evidence supported the jury's finding of discriminatory intent and damages.
• Boyce v. Dr. Alizaduh
  595 F.2d 948· 4th Cir.· 1979-04-02 ·cited 52×·via 42 U.S.C. § 1983 Action
  A pro se prisoner's complaint alleging a physician ignored warnings of an allergic reaction and persisted in prescribing the offending medication, causing aggravation, is not frivolous and warrants further proceedings against the physician.
• Dewell v. Lawson
  489 F.2d 877· 10th Cir.· 1974-01-07 ·cited 52×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court, in part, affirmed the dismissal of the action against the City of Oklahoma City and the Chief of Police, finding the complaint did not state a civil rights cause of action under 42 U.S.C. § 1983.
• Angelynn York v. Story
  324 F.2d 450· 9th Cir.· 1963-10-28 ·cited 52×
  The court held that a complaint alleging police officers took and distributed nude photographs of a citizen over her objection, acting under color of authority, states a claim for deprivation of privacy under the Fourteenth Amendment's Due Process Clause, thus establishing federa
• Correa-Martinez v. Arrillaga-Belendez
  903 F.2d 49· 1st Cir.· 1990-04-30 ·cited 51×
  A public employee's association with a politically disfavored individual, without more, does not implicate the First Amendment unless the employee's own political beliefs or advocacy are involved.
• Walters v. City OF Atlanta
  803 F.2d 1135· 11th Cir.· 1986-11-10 ·cited 51×
  The court affirmed the finding of illegal discrimination and most damages, but vacated punitive damages against some officials and reduced back pay. The court also affirmed the denial of punitive damages against the City and the directed verdict on the Section 1983 claim.