Violation Of Civil Rights Under 42 U.S.C. § 1983

501 Florida cases classified under this topic · sorted by citation count · browse and sort

• Bochese v. Town OF Ponce Inlet
  405 F.3d 964· 11th Cir.· 2005-04-07 ·cited 179×
  Alfred Bóchese, a residential property owner in Ponce Inlet, Florida, sued the Town under 42 U.S.C. § 1983 challenging the Town's rescission of a development agreement amendment that had rezoned his oceanfront lot from T-1 to Planned Unit Development (PUD) status. Bóchese claimed
• Focus ON THE Family v. Pinellas Suncoast Transit Auth.
  344 F.3d 1263· 11th Cir.· 2003-09-09 ·cited 150×
  Focus on the Family challenged a contract between the Pinellas Suncoast Transit Authority (PSTA) and Eller Media that allegedly barred Focus from advertising its "Love Won Out" conference on bus shelters in Pinellas County, Florida. The district court granted summary judgment for
• Hattie Brazier v. Cherry
  293 F.2d 401· 5th Cir.· 1961-07-07 ·cited 126×
  The court held that 42 U.S.C.A. § 1988, when applied with the Georgia Survival Statute, creates a cause of action not intended by Congress. The dissent argues this circumvents limitations in § 1986.
• Dep't OF Revenue v. Kuhnlein
  646 So. 2d 717· Fla.· 1994-09-29 ·cited 125×
  The Florida Supreme Court held that a $295 impact fee on vehicles titled outside Florida and registered by new Florida residents violates the Commerce Clause because it discriminates against interstate commerce and cannot survive strict scrutiny. The Court rejected alternative re
• Wolin v. Port OF NEW York Auth.
  392 F.2d 83· 2d Cir.· 1968-03-01 ·cited 97×
  The Port Authority may not absolutely prohibit political expression in its bus terminal, as the terminal is a public forum. Peaceful activities like distributing leaflets, carrying placards, and engaging in discussions are protected by the First Amendment and can only be restrict
• Gregory v. Thompson
  500 F.2d 59· 9th Cir.· 1974-07-02 ·cited 90×
  A judge's physical act of evicting someone from a courtroom is not a judicial act and is not protected by judicial immunity, though qualified immunity may apply.
• Sands v. Louie L. Wainwright
  491 F.2d 417· 5th Cir.· 1973-12-26 ·cited 86×
• Landrigan v. City OF Warwick
  628 F.2d 736· 1st Cir.· 1980-08-27 ·cited 85×
  The court held that a § 1983 claim for false arrest must be stayed pending resolution of the related state criminal charge, and that municipalities cannot be held liable under § 1983 solely on a respondeat superior theory.
• Little v. Walker
  552 F.2d 193· 7th Cir.· 1977-03-25 ·cited 79×
  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×
  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.
• Brewer v. Blackwell
  692 F.2d 387· 5th Cir.· 1982-11-29 ·cited 74×
  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
• Grandstaff v. The City OF Borger
  767 F.2d 161· 5th Cir.· 1985-08-05 ·cited 73×
  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
• Keefe v. Geanakos
  418 F.2d 359· 1st Cir.· 1969-11-12 ·cited 71×
  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.
• Salvadore Rotolo v. The Borough OF Charleroi
  532 F.2d 920· 3d Cir.· 1976-03-22 ·cited 70×
  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.
• Barton Protective Servs., Inc. v. Faber
  745 So. 2d 968· Fla. 4th DCA· 1999-07-21 ·cited 69×
  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
• Hill v. Dep't OF Corr.
  513 So. 2d 129· Fla.· 1987-09-24 ·cited 61×
  The Florida Supreme Court held that Florida has not waived its sovereign immunity or common law immunity from federal civil rights suits under 42 U.S.C. § 1983, either in federal or state court, despite the existence of section 768.28 which waives immunity for traditional tort cl
• Sterling Usher v. City OF LOS Angeles
  828 F.2d 556· 9th Cir.· 1987-09-21 ·cited 60×
  The court held that the statute of limitations for a § 1983 claim arising before Wilson v. Garcia should be the earlier of the pre-Wilson period or the post-Wilson period commencing with the decision. It also held that the plaintiff adequately pleaded claims under § 1985 and for
• LA Batt v. Twomey
  513 F.2d 641· 7th Cir.· 1975-01-08 ·cited 60×
  The court held that while prolonged prison lock-downs may require due process protections, a nine-day lock-down in response to an emergency, absent bad faith, does not necessitate a prior hearing. However, claims of denial of medical treatment and certain equal protection violati
• Medberry v. Butler
  185 F.3d 1189· 11th Cir.· 1999-08-23 ·cited 58×
  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
• Thomas v. Warden Frank J. Pate
  493 F.2d 151· 7th Cir.· 1974-01-10 ·cited 58×
• Rice-Lamar v. City OF Fort Lauderdale
  232 F.3d 836· 11th Cir.· 2000-11-08 ·cited 54×
  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
• Dewell v. Lawson
  489 F.2d 877· 10th Cir.· 1974-01-07 ·cited 52×
  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.
• Turpin v. Mailet
  579 F.2d 152· 2d Cir.· 1978-06-05 ·cited 49×
  The court, in a concurring opinion, argues that the dissent's concerns about unlimited municipal liability for constitutional violations are overstated and fail to consider existing limitations and legal developments.
• Murrell v. Bennett
  615 F.2d 306· 5th Cir.· 1980-04-10 ·cited 47×
  Summary judgment was prematurely granted because genuine issues of material fact existed and the pro se plaintiff's discovery requests were improperly denied.
• Russo v. State OF NEW York
  672 F.2d 1014· 2d Cir.· 1982-02-09 ·cited 46×
  The court held that the plaintiff failed to prove a favorable termination of the underlying criminal proceeding, and the district court lacked discretion to award attorney fees under 42 U.S.C. § 1988 for a state law claim when the federal civil rights claim was lost. The judgment
• Clappier v. Flynn
  605 F.2d 519· 10th Cir.· 1979-09-04 ·cited 46×
  The court held that the trial court erred in submitting two separate verdict forms for negligence and civil rights violations when both claims sought the same compensatory damages, leading to a potential double recovery.
• Twyman v. Crisp
  584 F.2d 352· 10th Cir.· 1978-09-06 ·cited 46×
  The court held that the prisoner's claims of denial of adequate medical care, denial of procedural due process in reclassification, and denial of access to the law library and courts were without merit.
• Silver v. Cormier
  529 F.2d 161· 10th Cir.· 1976-01-30 ·cited 46×
  The court held that a public official's threat to withhold legally required payments if a citizen exercises their right of access to the courts constitutes a burden on constitutional rights, and that punitive damages were properly awarded based on the evidence.
• Ustrak v. Fairman
  781 F.2d 573· 7th Cir.· 1986-01-09 ·cited 45×
  The court held that a prisoner's claim of racial discrimination in disciplinary punishment and job denial failed due to lack of evidence, and while retaliation for complaints was proven, the damages awarded were excessive and unsupported.
• Santiago-Negron v. Modesto Castro-Davila
  865 F.2d 431· 1st Cir.· 1989-01-11 ·cited 44×
  The court held that a new trial on damages is required due to erroneous jury instructions on due process, but the jury's finding of political discrimination stands. Reinstatement is permissible despite illegal hiring practices.
• Farrar v. Cain
  756 F.2d 1148· 5th Cir.· 1985-04-08 ·cited 44×
  The court held that failure to object to jury instructions or interrogatories generally precludes appellate review, except for fundamental error, and affirmed the denial of damages except for nominal damages against one defendant.
• Patzner v. Burkett
  779 F.2d 1363· 8th Cir.· 1985-12-26 ·cited 43×
  The court held that the deputies were not entitled to qualified immunity for the warrantless home arrest, and that the use of excessive force presented a question of fact for the jury. However, the county was not liable due to lack of notice of prior misconduct.
• Stengel v. Belcher
  522 F.2d 438· 6th Cir.· 1975-09-16 ·cited 42×
  The court held that an off-duty police officer acting within the scope of his duties, even if exceeding his authority, acts under color of state law for purposes of 42 U.S.C. § 1983, and that the trial court did not err in admitting medical records or excluding evidence of prior
• Virdie L. Smith v. Brookshire Bros., Inc.
  519 F.2d 93· 5th Cir.· 1975-09-15 ·cited 41×
  The court held that the store's actions, in conjunction with the police, constituted acting under color of law, making them liable under 42 U.S.C. § 1983.
• Schmelz v. Monroe Cnty.
  954 F.2d 1540· 11th Cir.· 1992-02-19 ·cited 40×
  A guardian sued Monroe County jail officials under 42 U.S.C. § 1983 for injuries sustained by an inmate who attempted suicide while in custody, claiming failure to provide safe care and inadequate training. The Eleventh Circuit affirmed summary judgment for the sheriff on the pol
• Smith v. Fulton Rabalais, Jr.
  659 F.2d 539· 5th Cir.· 1981-10-15 ·cited 40×
  The court held that prison officials did not abuse their discretion in refusing to provide an inmate with specific details of charges based on confidential informants, balancing prison security against the inmate's due process rights.
• LEE v. Joseph "Scooter Joe" Willins
  617 F.2d 320· 2d Cir.· 1980-03-17 ·cited 38×
  Prosecutors are absolutely immune from civil liability for actions taken in initiating a prosecution and presenting the state's case, even if those actions involve alleged misconduct like coercing testimony or planting evidence, if the resulting harm is directly tied to the prose
• Kerr v. City OF Chicago
  424 F.2d 1134· 7th Cir.· 1970-03-11 ·cited 38×
  The court held that the district court erred in striking allegations and refusing evidence regarding the plaintiff's involuntary confession and illegal detention, and in refusing several jury instructions. However, the dismissal of the City of Chicago was affirmed.
• Attwood v. Singletary
  105 F.3d 610· 11th Cir.· 1997-02-11 ·cited 37×
  Robert Attwood appealed the dismissal of his § 1983 civil rights claims and imposition of Rule 11 sanctions. The court affirmed, finding that Attwood filed false in forma pauperis affidavits claiming indigency despite prior judicial determinations that he was not indigent, and th
• Gobel v. Maricopa Cnty.
  867 F.2d 1201· 9th Cir.· 1989-02-09 ·cited 37×
  Prosecutors are not absolutely immune for investigative actions or public statements unrelated to the judicial phase of a prosecution, and a county can be liable under § 1983 if its elected officials act as policymakers.
• Levine v. Kaplan
  687 So. 2d 863· Fla. 5th DCA· 1997-01-17 ·cited 36×
  A lawsuit is properly dismissed for failure to prosecute under Florida Rule 1.420(e) when there is no record activity for one year and the plaintiff fails to show good cause, which requires proof of a compelling reason preventing active prosecution rather than mere assertions of
• van Sickle v. Judges William J. Holloway
  791 F.2d 1431· 10th Cir.· 1986-05-28 ·cited 36×
  The court held that the district court properly dismissed the case as frivolous and malicious under 28 U.S.C. § 1915(d), and alternatively, that the federal district court lacked subject matter jurisdiction to review the state court decisions.
• Ellis v. City OF Chicago
  667 F.2d 606· 7th Cir.· 1981-12-15 ·cited 36×
  The court held that plaintiffs' failure to object to a jury instruction in the district court precludes appellate review, and that evidentiary rulings and the refusal to allow leading questions on direct examination did not constitute reversible error absent a showing of prejudic
• White v. Walsh
  649 F.2d 560· 8th Cir.· 1981-05-15 ·cited 36×
  The court held that the plaintiff's pro se complaint, alleging a conspiracy to impanel an all-white jury over his objections, was sufficiently specific to withstand a motion to dismiss under 42 U.S.C. § 1983.
• Bauer v. Norris
  713 F.2d 408· 8th Cir.· 1983-08-08 ·cited 34×
  The court held that the evidence was sufficient to support the jury's verdict finding a civil rights violation due to excessive force, and the damages awarded were not excessive.
• Occhino v. United States
  686 F.2d 1302· 8th Cir.· 1982-08-25 ·cited 34×
  The court held that the Federal Tort Claims Act claim for false imprisonment damages was not clearly erroneous, and that a § 1983 claim, previously barred by the statute of limitations, should be analyzed under a broader statutory limitations period due to the Garmon decision's r
• Browns v. Mitchell
  409 F.2d 593· 10th Cir.· 1969-01-31 ·cited 34×
  The disciplinary actions of a private university do not constitute state action under 42 U.S.C. § 1983, even with tax exemptions or public functions, unless the state has significantly insinuated itself into the challenged activity.
• Barr v. Abrams
  810 F.2d 358· 2d Cir.· 1987-01-28 ·cited 32×
  Prosecutors are absolutely immune from civil rights liability for actions intimately associated with the judicial phase of the criminal process, unless they proceed in the clear absence of all jurisdiction; otherwise, qualified immunity applies. Investigators are protected by qua
• Prochaska v. Marcoux
  632 F.2d 848· 10th Cir.· 1980-09-09 ·cited 32×
  The court affirmed the trial court's denial of attorney's fees to the defendant, finding the plaintiff's action was not frivolous, unreasonable, or without foundation.
• Carter v. Estelle
  519 F.2d 1136· 5th Cir.· 1975-09-24 ·cited 32×
  Prison administrators can be held vicariously liable for subordinate guards' actions, and a civil rights action lies for wrongful confiscation or loss of inmate property.