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

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

• Barksdale v. King
  699 F.2d 744· 5th Cir.· 1983-03-07 ·cited 31×
  The court held that the pro se inmate's filing, liberally construed, sufficiently alleged a causal connection between the Secretary of Corrections' actions and the inmate's constitutional injury, thus stating a claim for relief.
• Ladnier v. Murray
  769 F.2d 195· 4th Cir.· 1985-07-31 ·cited 30×
  The jury's special verdict answers were irreconcilably contradictory, requiring reversal of the judgment and a new trial.
• J-R Distribs., Inc. v. Eikenberry
  725 F.2d 482· 9th Cir.· 1984-02-06 ·cited 30×
  The majority opinion is flawed in holding that the use of the word 'lust' in defining prurient interest renders a statute facially overbroad under the First Amendment.
• Chavez v. Tempe Union High Sch. Dist. # 213
  565 F.2d 1087· 9th Cir.· 1977-12-05 ·cited 30×
  The court held that the plaintiff failed to establish a prima facie case of discrimination under Title VII or § 1983 because the position she sought was already filled by a prior appointment, and the district's employment practices were not shown to be discriminatory.
• Scheelhaase v. Woodbury Cent. Cmty. Sch. Dist.
  488 F.2d 237· 8th Cir.· 1973-11-28 ·cited 30×
  The court held that the school board's decision to terminate a teacher's contract, even if based on an erroneous interpretation of student test scores, was not arbitrary and capricious and thus did not violate substantive due process.
• Mrs. Cornelius Cuthbertson Hill v. Rowland
  474 F.2d 1374· 4th Cir.· 1973-03-14 ·cited 30×
  The court held that the district court erred by instructing the jury solely on an objective probable cause standard for a § 1983 claim, rather than also considering the officers' good faith and reasonable belief in the legality of the arrest. This error, along with confusing inst
• Asher v. Harrington
  461 F.2d 890· 7th Cir.· 1972-04-13 ·cited 30×
  The court held that the complaint stated a proper federal claim under Section 1983 for arbitrary denial of constitutional rights.
• Hirst v. Gertzen
  676 F.2d 1252· 9th Cir.· 1982-05-10 ·cited 29×
  The majority opinion reversed the trial court's decision, allowing evidence of a deputy sheriff's prior acts to be admissible for proving gross negligence and proximate cause in a civil rights action, despite the dissenting judge's view that such evidence was irrelevant and preju
• Ross v. United States
  910 F.2d 1422· 7th Cir.· 1990-08-16 ·cited 28×
  The court held that the United States and the City of Waukegan were properly dismissed, but the claim against Lake County for violating William Ross's constitutional rights by preventing rescue was cognizable under § 1983.
• Marlin E. Jones v. Edwards
  770 F.2d 739· 8th Cir.· 1985-08-20 ·cited 28×
  The court held that the strip search of Jones was an unreasonable search under the Fourth Amendment, and the district court erred in failing to grant his motion for judgment notwithstanding the verdict.
• McCOLLUM v. Stahl
  579 F.2d 869· 4th Cir.· 1978-07-19 ·cited 28×
  The court held that resubmitting inconsistent jury findings to the jury under Rule 49(a) was procedurally impermissible, and that the determination of whether a deputy sheriff is a policy-making or confidential employee dischargeable at will is a question for the jury.
• ST. John v. Coisman
  799 So. 2d 1110· Fla. 5th DCA· 2001-11-16 ·cited 27×
  A former police officer (St. John) challenged a punitive damages award of $333,000 following a jury verdict finding him liable for falsely arresting a father (Coisman) who was attempting to exercise visitation rights with his children. The appellate court affirmed the liability a
• Swank v. Smart
  898 F.2d 1247· 7th Cir.· 1990-03-27 ·cited 27×
  The court held that the officer was deprived of procedural due process because he was not given an opportunity to respond to the police chief's written statement, which served as evidence against him. However, a genuine issue of material fact exists regarding whether he waived hi
• Rankin v. Colman
  476 So. 2d 234· Fla. 5th DCA· 1985-08-29 ·cited 27×
  Roberta Rankin appealed the dismissal of her complaint alleging that Sheriff Colman unconstitutionally conducted a strip and body cavity search on her after her arrest for a traffic violation (failure to produce a driver's license). The appellate court reversed the dismissal, hol
• Gullatte v. Potts
  654 F.2d 1007· 5th Cir.· 1981-08-31 ·cited 27×
  The court held that the magistrate applied an incorrect legal standard and failed to make sufficient findings of fact, requiring a remand for further proceedings under the proper legal standard.
• Brubaker v. Bd. OF Educ.
  502 F.2d 973· 7th Cir.· 1974-07-31 ·cited 27×
• Bell v. The Little AXE Indep. Sch. Dist. NO. 70 OF Cleveland Cnty.
  766 F.2d 1391· 10th Cir.· 1985-06-26 ·cited 26×
  The court held that plaintiffs must prove actual damages resulting from the deprivation of their First Amendment rights, and absent such proof, they are entitled to nominal damages only.
• Anderson v. Coughlin
  700 F.2d 37· 2d Cir.· 1983-01-26 ·cited 26×
  The court held that the complaint was insufficient to survive a 12(b)(6) motion because it lacked specific factual allegations and failed to provide notice of the claim. However, the failure to provide notice that the motion would be treated as a summary judgment was harmless.
• Sanchez v. Schwartz
  688 F.2d 503· 7th Cir.· 1982-09-13 ·cited 26×
  The court affirmed the plaintiff's entitlement to attorney's fees under 42 U.S.C. § 1988 and the exclusion of fees for administrative delays, but reversed and remanded for further reductions in the expert witness fee and compensable hours.
• Navarro v. Chief OF Police
  523 F.2d 214· 8th Cir.· 1975-09-04 ·cited 26×
  The court held that the district court abused its discretion in dismissing the action for failure to prosecute, as the plaintiff's conduct did not demonstrate a clear record of delay or contumacious conduct.
• Draeger v. Grand Cent., Inc.
  504 F.2d 142· 10th Cir.· 1974-09-12 ·cited 26×
  The court held that the store could not be held vicariously liable under 42 U.S.C. § 1983 for the off-duty officer's actions, as a private entity lacks the requisite official character for state action. However, the store could be held liable for false arrest and imprisonment.
• Winters v. Alan D. Miller, M.D.
  446 F.2d 65· 2d Cir.· 1971-05-26 ·cited 26×
  The court held that the appellant's constitutional rights were not violated by fingerprinting and photographing, and that the trial court's grant of summary judgment for the defendants should be affirmed.
• Molton G. Smith v. Stone
  308 F.2d 15· 9th Cir.· 1962-09-07 ·cited 26×
  The court held that the trial court did not abuse its discretion in refusing to set aside a summary judgment due to the appellant's counsel's failure to follow court rules and file timely opposition.
• Sammie J. Franklin, Jr. v. Meredith
  386 F.2d 958· 10th Cir.· 1967-11-24 ·cited 25×
  The court held that the trial court properly dismissed the civil rights action against the judge, hospital supervisor, and psychiatrist based on judicial and governmental immunity, and correctly denied the application for a three-judge court as the challenged statute had been rep
• Boatman v. Town OF Oakland
  76 F.3d 341· 11th Cir.· 1996-02-28 ·cited 24×
  The Boatmans sought federal court relief under 42 U.S.C. § 1983, claiming the Town of Oakland's refusal to issue a certificate of occupancy for their manufactured home violated the Fourteenth Amendment's Due Process Clause. The Eleventh Circuit held that the dispute presented onl
• Goetz v. James P. Noble, M.D.
  652 So. 2d 1203· Fla. 4th DCA· 1995-03-29 ·cited 24×
  The trial court erred in denying summary judgment based on absolute and qualified immunity for the appellant's actions.
• Curtis Ambulance OF Fla., Inc. v. Bd. OF Cnty. Comm'rs OF the Cnty. OF Shawnee
  811 F.2d 1371· 10th Cir.· 1987-02-18 ·cited 24×
  The court held that ambulance services constitute professional services, exempting the contract award from competitive bidding requirements, and thus the plaintiff had no constitutionally protected property interest.
• Raysor v. Port Auth. OF NEW York & NEW Jersey
  768 F.2d 34· 2d Cir.· 1985-07-15 ·cited 24×
  The court held that the jury's verdict was inconsistent and damages inadequate, requiring a new trial on some claims. It also reversed the dismissal of state tort claims against Officer Simpson and the Port Authority.
• Doyle Dewayne Courtney v. Reeves
  635 F.2d 326· 5th Cir.· 1981-01-09 ·cited 24×
  The court held that the district court erred in dismissing the plaintiff's civil rights claims without proper consideration of the factual allegations and procedural requirements, particularly regarding excessive force and conspiracy claims.
• Arsberry v. Allyn R. Sielaff
  586 F.2d 37· 7th Cir.· 1978-11-01 ·cited 24×
  The court held that the district court erred in granting summary judgment, as genuine issues of material fact existed regarding whether plaintiffs' segregation infringed upon state-created liberty interests triggering procedural due process protections.
• McLALLEN v. Henderson
  492 F.2d 1298· 8th Cir.· 1974-03-05 ·cited 24×
  Court reporters are not protected by judicial immunity for ministerial duties, but may have qualified immunity.
• Est. OF Joseph D. Farrar & Dale Lawson Farrar v. Cain
  941 F.2d 1311· 5th Cir.· 1991-09-17 ·cited 23×
• Kerr v. Quinn
  692 F.2d 875· 2d Cir.· 1982-11-04 ·cited 23×
  The court held that the district court erred in denying attorney fees because the plaintiff's civil rights claim was not so strong at the outset as to assure easy retention of counsel on a contingent basis.
• Trujillo v. Goodman
  825 F.2d 1453· 10th Cir.· 1987-08-07 ·cited 22×
  The court held that a jury could reasonably find that an officer's use of excessive force, while constituting a battery, did not rise to the level of a constitutional violation under 42 U.S.C. § 1983, particularly when the force was a spontaneous reaction rather than malicious.
• Harper v. Jeffries
  808 F.2d 281· 3d Cir.· 1986-12-31 ·cited 22×
  A federal court should not dismiss a § 1983 damages claim brought concurrently with a habeas corpus petition, even if state remedies for confinement have not been exhausted.
• Nash v. The Consol. City OF Jacksonville
  763 F.2d 1393· 11th Cir.· 1985-06-25 ·cited 22×
  A Black firefighter challenged his non-promotion to lieutenant based on a written examination under Title VII's disparate impact theory. The district court found the test was job-related and business necessary, but the Eleventh Circuit reversed as clearly erroneous because the tr
• Eddy James Candelaria v. Griffin
  641 F.2d 868· 10th Cir.· 1981-03-03 ·cited 22×
  The court held that the plaintiff's claims regarding the denial of parole procedures, including the lack of a psychiatric report and reasons for denial, do not establish a constitutional liberty interest under New Mexico law. However, the equal protection claim based on race was
• Alderman v. The Philadelphia Hous. Auth.
  496 F.2d 164· 3d Cir.· 1974-04-16 ·cited 22×
  A prior restraint on all discussion of political matters by public employees is an impermissible infringement of First Amendment rights, even if justified by an interest in impartiality.
• Griffin v. Hilke
  804 F.2d 1052· 8th Cir.· 1986-11-06 ·cited 21×
  The court held that the district court erred in denying the officers' motion for judgment notwithstanding the verdict or a new trial due to insufficient evidence against Officer Stoll and prejudicial closing arguments. The judgment against Stoll was reversed, and the case against
• Am. Fam. Life Assurance Co. of Columbus v. Teasdale
  733 F.2d 559· 8th Cir.· 1984-05-03 ·cited 21×
  The court held that the former Governor was entitled to qualified immunity and that the plaintiff failed to prove its claims, justifying the award of attorney's fees.
• Frazier v. Bailey
  957 F.2d 920· 1st Cir.· 1992-02-24 ·cited 20×
  Individuals contracted by the government to perform statutorily mandated duties are the functional equivalent of public officials and are entitled to raise a qualified immunity defense. However, a generalized right to 'familial integrity' is not sufficiently particularized to ove
• Hubbert v. City OF Moore
  923 F.2d 769· 10th Cir.· 1991-01-09 ·cited 20×
  A finding of probable cause at a preliminary hearing, even if followed by an acquittal, has preclusive effect in a subsequent civil rights action under 42 U.S.C. § 1983, entitling officers to qualified immunity.
• Brown v. Detective Felix Grabowski
  922 F.2d 1097· 3d Cir.· 1990-12-31 ·cited 20×
  The court held that it lacked jurisdiction to hear appeals from denials of qualified immunity on state law claims unless the state law itself provides immunity from suit, and that the victim's civil court access and equal protection claims were not constitutionally cognizable or
• Franceski v. Plaquemines Parish Sch. Bd.
  772 F.2d 197· 5th Cir.· 1985-10-04 ·cited 20×
  The court held that the plaintiff received all constitutionally required process before termination, and therefore, her civil rights claim under 42 U.S.C. § 1983 was properly dismissed.
• Eliza Chapman Garner v. Buel Stephens
  460 F.2d 1144· 6th Cir.· 1972-06-01 ·cited 20×
  The court held that the Kentucky five-year statute of limitations for actions upon a liability created by statute applies to claims under 42 U.S.C. § 1983 when no physical injury is involved.
• Vasbinder v. Ambach
  926 F.2d 1333· 2d Cir.· 1991-02-28 ·cited 19×
  The court affirmed the award of compensatory damages but reversed the dismissal of the punitive damages claim, remanding for further proceedings on that issue.
• Miller v. Carson
  563 F.2d 757· 5th Cir.· 1977-11-23 ·cited 19×
  The court held that the district court properly exercised pendent jurisdiction over state law claims concerning jail conditions, and that the order continuing an injunction was appealable.
• Scott v. Schmidt
  773 F.2d 160· 7th Cir.· 1985-09-17 ·cited 18×
  The court held that the district court properly dismissed Scott's civil rights suit because the defendants were immune from suit and Scott failed to state a claim.
• Wright v. Odell Wagner
  641 F.2d 239· 5th Cir.· 1981-03-30 ·cited 18×
  The court held that a jury's finding that jail officials neither suspected nor should have suspected an inmate of insanity precluded a claim for wrongful death under state law and a civil rights violation under the Eighth Amendment based on a statutory violation. The court also f
• Verle Austin v. Bd. OF Educ. OF Georgetown Cmty. Unit Sch. Dist. NO. 3 OF Vermilion Cnty.
  562 F.2d 446· 7th Cir.· 1977-09-21 ·cited 18×
  The court held that a discharged employee's claim of deprivation of liberty without due process requires an allegation that the stigmatizing charges were substantially false, and that a factual dispute regarding public dissemination of the charges precluded summary judgment.