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

• Soler v. Waite
  989 F.2d 251· 7th Cir.· 1993-03-24 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court affirmed the district court's denial of a motion for reconsideration of a new trial and the award of costs, finding no abuse of discretion.
• The Am. Bank & Tr. Co. OF Opelousas v. Dent
  982 F.2d 917· 5th Cir.· 1993-02-10 ·cited 1×
  The Eleventh Amendment does not bar a suit against a state official seeking prospective injunctive relief to enjoin enforcement of an allegedly unconstitutional state statute, falling under the Ex parte Young exception.
• Russ Calhoun v. Gaines
  982 F.2d 1470· 10th Cir.· 1992-12-30 ·cited 1×
  A public employee with a legitimate expectancy of employment, established through contract or policy, has a property interest protected by due process. Officials are not qualifiedly immune if they violate clearly established law regarding this interest and adequate process.
• Hafner v. Brown
  983 F.2d 570· 4th Cir.· 1992-12-22 ·cited 1×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district judge did not err in giving supplemental jury instructions and allowing redeliberation, nor in restricting cross-examination, nor in instructing the jury on conspiracy, and that the substantive due process instruction error was not preserved for a
• Crocker v. Tenn. Secondary Sch. Athletic Ass'n
  980 F.2d 382· 6th Cir.· 1992-11-18 ·cited 1×
  The court held that the plaintiff failed to establish a claim for damages under the Education of the Handicapped Act (EHA) and that the defendants' actions did not constitute unconstitutional retaliation.
• Candelore v. Clark Cnty. Sanitation Dist.
  975 F.2d 588· 9th Cir.· 1992-09-14 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court affirmed the decision because the plaintiff failed to establish a factual predicate for her alleged discrimination claim.
• Goodwin v. Metts
  973 F.2d 378· 4th Cir.· 1992-08-28 ·cited 1×
  The court affirmed the district court's reduction of attorney fees, finding that unsuccessful claims unrelated to the successful malicious prosecution claims justified disallowance, and that duplication of effort due to overstaffing was a valid reason for reduction. The court als
• King v. Myers
  973 F.2d 354· 4th Cir.· 1992-08-21 ·cited 1×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  A magistrate is entitled to absolute judicial immunity for actions taken within their judicial capacity, even if those actions exceed their jurisdiction, as long as they are not taken in the clear absence of all jurisdiction.
• Rainey v. Conerly
  973 F.2d 321· 4th Cir.· 1992-08-19 ·cited 1×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court properly denied the defendant's motions for qualified immunity, but erred in excluding a key piece of evidence and in failing to question the jury panel on potential bias, entitling the plaintiff to a new trial.
• Larez v. City OF LOS Angeles
  946 F.2d 630· 9th Cir.· 1991-09-27 ·cited 1×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court affirmed the denial of a new trial for the six officers but reversed and remanded for a new trial against Chief Gates and the City due to the erroneous admission of hearsay evidence.
• Young-Henderson v. Spartanburg Area Mental Health Ctr.
  945 F.2d 770· 4th Cir.· 1991-09-20 ·cited 1×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the Consent Order in the prior lawsuit only barred claims actually raised in that complaint, not subsequent claims or those that arose later, and that a plaintiff's response to interrogatories does not constitute a new claim.
• Front Royal & Warren Cnty. Indus. Park Corp. v. Town OF Front Royal
  945 F.2d 760· 4th Cir.· 1991-09-19 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court held that federal courts should abstain from ruling on claims that depend on the interpretation of state annexation court orders and potentially available state remedies.
• WAM Props., Inc. v. Desoto Cnty.
  758 F. Supp. 1468· M.D. Fla.· 1991-03-12 ·cited 1×
  The court held that the plaintiffs' complaint sufficiently alleged violations of constitutional rights and that a municipal policy or custom caused the deprivation, thus denying the motion to dismiss.
• Leisa Gibson v. Matthews
  926 F.2d 532· 6th Cir.· 1991-02-22 ·cited 1×
  The court held that federal prison officials are entitled to qualified immunity because there was no clearly established constitutional right for prisoners to have abortions facilitated by prison staff at the time of the events, and the plaintiff's allegations did not rise to the
• Rojas v. Alexander's Dep't Store, Inc.
  924 F.2d 406· 2d Cir.· 1990-11-29 ·cited 1×
  The court held that a plaintiff suing under 42 U.S.C. § 1983 for an unlawful arrest by a private security guard must prove that the employer had a policy of violating constitutional rights, not just that the arrest lacked probable cause. The court also found no error in jury inst
• Miller v. City OF Fort Lauderdale
  569 So. 2d 1386· Fla. 4th DCA· 1990-11-28 ·cited 1×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court affirmed dismissal of a § 1983 civil rights claim for failing to allege knowing and intentional unconstitutional seizure rather than mere negligence, but reversed the dismissal with prejudice to allow amendment and held that excessive force questions are fact issues for
• Arenson v. S. Univ. LAW Ctr.
  911 F.2d 1124· 5th Cir.· 1990-09-19 ·cited 1×
  The court held that sufficient evidence existed for a reasonable jury to find for the plaintiff, reversing the district court's judgment notwithstanding the verdict.
• Key W. Harbour Dev. Corp. v. City of Key W.
  738 F. Supp. 1390· S.D. Fla.· 1990-05-22 ·cited 1×
  Legislators' failure to follow prescribed procedures when rescinding a redevelopment plan, which nullified plaintiff's contract, can overcome claims of absolute legislative immunity and may constitute a due process violation.
• Twigg v. Hosp. Dist. of Hardee Cnty.
  731 F. Supp. 469· M.D. Fla.· 1990-02-21 ·cited 1×
  The court held that the defendants' motions to dismiss and strike should be denied in part and granted in part, finding that several claims, including negligence and a § 1983 claim, could proceed, but claims for punitive damages and pre-judgment interest were barred.
• Dr. Charles Edwards for and in Behalf of Craig Alan Edwards v. Rees
  883 F.2d 882· 10th Cir.· 1989-08-28 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court held that the interrogation of a student by a school vice principal, even if considered a seizure, was reasonable under the Fourth Amendment and did not violate due process rights.
• Hawks v. City OF Pontiac & Reginald Turner
  874 F.2d 347· 6th Cir.· 1989-05-03 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's claims of unconstitutional vagueness, denial of due process, and discriminatory application of the residency requirement were without merit.
• Decker v. City of Plantation
  706 F. Supp. 851· S.D. Fla.· 1989-02-22 ·cited 1×
  The court held that res judicata barred the plaintiffs' claims because the state court had already fully litigated and entered a final judgment on the merits regarding the constitutionality of the ordinance and the claims arising from its enactment.
• Dunn v. the Florida Bar
  726 F. Supp. 1261· M.D. Fla.· 1988-08-30 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court held that defeating a motion for summary judgment is not sufficient to establish prevailing party status for attorney's fees, but it can be relevant to establishing a substantial constitutional claim.
• Coghlan v. Starkey
  852 F.2d 806· 5th Cir.· 1988-08-08 ·cited 1×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that an attorney must personally pay the appellee's appellate defense costs because the appeal was frivolous and lacked any reasonable legal basis.
• Majette v. Butterworth
  603 F. Supp. 22· S.D. Fla.· 1988-04-25 ·cited 1×·via 42 U.S.C. § 1983 Violations
  The court denied motions to strike and for default judgment, granted dismissal for claims against the defendant in his official capacity due to lack of notice, but denied dismissal for claims against him in his individual capacity.
• Jones v. City of Key W.
  679 F. Supp. 1547· S.D. Fla.· 1988-02-25 ·cited 1×
  The court held that the Mayor's actions in silencing and removing the plaintiff from a public meeting violated the plaintiff's First Amendment rights, as the speech was protected political expression and not a genuine disruption.
• Emory Conner v. Sticher
  801 F.2d 1266· 11th Cir.· 1986-10-14 ·cited 1×·via 42 U.S.C. § 1983 Action
  The dissenting judge holds that psychological harassment by police constitutes an abuse of power and implicates a constitutionally protected interest.
• Shelton v. City OF Atlanta
  796 F.2d 1391· 11th Cir.· 1986-08-14 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff did not have a constitutionally protected property interest in his detective position because the city's ordinances and charter treated the position as temporary and discretionary, thus not entitling him to a hearing upon reassignment.
• L.M.E., Inc. v. City of Hollywood
  605 F. Supp. 185· S.D. Fla.· 1985-04-19 ·cited 1×·via 42 U.S.C. § 1983 Claim For Damages
  The court affirmed the granting of a coastal construction permit to the City of Hollywood, finding that the developer, Woodholly Associates, Inc., properly raised the issue of the City's burden to prove the necessity and justification for the development.
• DeWeese v. Town of Palm Beach
  616 F. Supp. 971· S.D. Fla.· 1985-03-30 ·cited 1×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the town ordinance prohibiting shirtless running in certain public areas is a reasonable exercise of the town's police power and does not violate the plaintiff's constitutional rights to free expression or equal protection.
• Adams v. Brierton
  752 F.2d 546· 11th Cir.· 1985-02-04 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court held that prison officials were entitled to qualified immunity because they acted in good faith and could not have known they were violating clearly established rights under the specific facts of the case.
• Graham v. Jacksonville Coach Co.
  568 F. Supp. 1575· M.D. Fla.· 1983-08-22 ·cited 1×
  The court held that the plaintiff failed to prove by a preponderance of the evidence that his discharge was based on racial animus, and therefore, his claims under Title VII, 42 U.S.C. §§ 1981, and 1983 failed.
• Branch v. Cole
  686 F.2d 264· 5th Cir.· 1982-09-20 ·cited 1×·via 42 U.S.C. § 1983 Action
  A trial court may not deny a request for appointed counsel in a 42 U.S.C. § 1983 action solely due to the unavailability of lawyers willing to work for free; the court must determine if exceptional circumstances exist.
• Quintin Orpiano v. Johnson
  687 F.2d 44· 4th Cir.· 1982-09-10 ·cited 1×·via 42 U.S.C. § 1983 Action
  A prisoner's § 1983 action challenging conditions of confinement can be referred to a magistrate without the prisoner's consent, but the district court must conduct a de novo review of factual objections raised by the prisoner.
• Ryan v. Mansfield State Coll.
  677 F.2d 354· 3d Cir.· 1982-05-04 ·cited 1×·via § 1983 Suit
  The court held that because the plaintiff did not prevail in his underlying constitutional claim, he is not entitled to attorney's fees under 42 U.S.C.A. § 1988.
• Fla. Women's Med. Clinic, Inc. v. Smith
  536 F. Supp. 1048· S.D. Fla.· 1982-03-12 ·cited 1×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that Florida's statutory and regulatory scheme, as applied to first trimester abortions, impermissibly infringes upon the constitutional right to privacy and is not justified by a compelling state interest.
• Jackson v. The Honorable Arturo Cintron Garcia
  665 F.2d 395· 1st Cir.· 1981-11-12 ·cited 1×·via 42 U.S.C. § 1983 Action
  A federal court injunction to compel a state court to conduct proceedings in English is barred by the Younger doctrine, absent compelling circumstances and a showing of irreparable harm.
• Executive Servs. of Miami, Inc. v. S. Bell Tel. & Tel. Co.
  514 F. Supp. 430· S.D. Fla.· 1981-05-13 ·cited 1×
  The court held that the plaintiff was unlikely to prevail on the merits of its claims for a preliminary injunction, as yellow page advertising is not a public utility function and the defendant's refusal to publish certain trade names was not a violation of state or federal law.
• Stephenson v. Gaskins
  539 F.2d 1066· 5th Cir.· 1976-09-30 ·cited 1×
  A sheriff's immunity from civil rights suits is qualified, not absolute, and claims of false imprisonment and denial of bail, if properly pleaded, state a claim for relief.
• Univ. DAY Care Ctr., Inc. v. Temple University-Of the Commonwealth OF Higher Educ.
  442 F.2d 1116· 3d Cir.· 1971-04-30 ·cited 1×
  The federal court affirmed the dismissal of the complaint, finding that state law issues should be resolved by the state court first.
• Mueller v. Walmart Corp.
  11th Cir.· 2026-09-16 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  A district court does not abuse its discretion by exercising supplemental jurisdiction over some state-law claims while declining jurisdiction over others after dismissing all federal claims; such claim-by-claim assessment is permitted by 28 U.S.C. § 1367(c) and is not a per se a
• Waller v. Bd. of Regents of the Univ. Sys. of Ga.
  11th Cir.· 2026-08-10 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  A student's admission letter and student handbook do not constitute a written contract waiving a state university's sovereign immunity under Georgia law when the documents fail to specify in writing the consideration moving from the student to the university, which is an essentia
• Johnson v. Mayor, City of Jacksonville
  11th Cir.· 2026-06-10 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  A plaintiff lacks Article III standing to challenge the government's maintenance of Confederate memorials and street names based on psychological injury from viewing them, as such injury is neither concrete nor particularized but rather a generalized grievance shared by all who o
• Marbut v. Phillips
  11th Cir.· 2026-05-22 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The officers are entitled to qualified immunity from Marbut's unlawful-seizure claim because they had an arguable basis to seize her under the emergency-aid doctrine, which requires only an objectively reasonable basis for believing intervention is needed to prevent serious harm,
• Clarissa Gilmore v. Ga. Dep't of Corr.
  11th Cir.· 2026-04-20 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  On remand following en banc reversal, the case is remanded to the district court for further proceedings consistent with the en banc opinion that reversed summary judgment on qualified immunity grounds.
• Jafet Castro-Reyes v. German Bosque
  11th Cir.· 2026-02-06 ·via 42 U.S.C. § 1983 (Excessive Force)
  A 19-year-old experiencing a mental health crisis was restrained by family members who called 911, and police officers responded and used force including tasers and punches while attempting to detain and handcuff him. The Eleventh Circuit reversed qualified immunity for officers
• Hughes v. Locure
  11th Cir.· 2026-01-29 ·via Section 1983
  The Eleventh Circuit held that the officer's conduct, while egregious, did not violate a clearly established constitutional right, and therefore qualified immunity should be granted.
• Jordan v. Sheriff Richard Del Toro
  S.D. Fla.· 2026-01-26 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Summary judgment is granted for defendants because plaintiff was not denied outdoor exercise and his legal mail was handled appropriately according to jail policy.
• Rohlsen v. Fla. Dep't of Child. & Families
  M.D. Fla.· 2026-01-15 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that claims seeking review of state court custody decisions are barred by the Rooker-Feldman doctrine, and the complaint is dismissed as a shotgun pleading, but with leave to amend.
• Reggie Griffin v. L.T. J. Minshew
  M.D. Fla.· 2026-01-12 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  A pro se plaintiff's failure to comply with court orders regarding filing fees, applications to proceed in forma pauperis, and address updates can result in dismissal of the action.