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

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

• Smith v. Shimp
  562 F.2d 423· 7th Cir.· 1977-09-16 ·cited 18×
  Jail officials may read nonprivileged mail of pretrial detainees on a spot-check basis without violating constitutional rights, as the state's interest in jail security justifies this practice. The detainee's presence is not required when inspecting nonprivileged incoming mail.
• Morgan v. Montanye
  516 F.2d 1367· 2d Cir.· 1975-05-06 ·cited 18×
  The court held that even if prison officials opened attorney mail out of an inmate's presence, the inmate failed to demonstrate actual damage or constitutional infringement, thus the suit was properly dismissed.
• Knell v. Bensinger
  489 F.2d 1014· 7th Cir.· 1973-11-06 ·cited 18×
  The court held that an inmate's claim of denial of access to courts and procedural safeguards requires further factual determination, and that a claim regarding diminution of good time should also be reviewed.
• Broward Gardens Tenants Ass'n v. United States Env't Prot. Agency
  311 F.3d 1066· 11th Cir.· 2002-11-05 ·cited 17×
  Broward Gardens Tenants Association and residents sued the EPA, HUD, and the City of Fort Lauderdale challenging the adequacy of the cleanup plan for the Wingate Superfund Site, alleging that the site's proximity to their housing complex—which was 99% African-American—exposed the
• Maldonado v. Anne Josey
  975 F.2d 727· 10th Cir.· 1992-09-16 ·cited 17×
  The court held that compulsory school attendance does not create a constitutional duty for the state to protect schoolchildren from harm, distinguishing it from other custodial situations.
• Bank OF Am. Nat'l Tr. & Sav. Ass'n v. Summerland Cnty. Water Dist. & Does I Through XV
  767 F.2d 544· 9th Cir.· 1985-07-26 ·cited 17×
  The court affirmed the district court's denial of a preliminary injunction and its stay of proceedings pending state court adjudication, finding abstention appropriate. The issue of counsel disqualification was remanded for further consideration.
• Zanghi v. The Inc. Vill. OF OLD Brookville
  752 F.2d 42· 2d Cir.· 1985-01-04 ·cited 17×
  The court held that a prior administrative finding of probable cause collaterally estops claims based on that finding, but claims of excessive force and those related to resisting arrest are not precluded and require further proceedings.
• Gallahan v. Cpl. B. B. Hollyfield
  670 F.2d 1345· 4th Cir.· 1982-02-09 ·cited 17×
  The court held that the prison regulation requiring prisoners to cut their hair was unconstitutional as applied to a prisoner whose sincere religious beliefs prohibited cutting his hair.
• Hooks v. Kelley
  463 F.2d 1210· 5th Cir.· 1972-07-07 ·cited 17×
  The court held that a prisoner's allegation of transfer due to court access is a serious claim that warrants an evidentiary hearing.
• Wate v. Kubler
  839 F.3d 1012· 11th Cir.· 2016-10-12 ·cited 16×
  James Clifton Barnes died two days after being tasered five times by Deputy Sheriff Kenneth Kubler during an arrest at a Florida beach. The Eleventh Circuit affirmed the district court's denial of qualified immunity, holding that Kubler's repeated use of the Taser after Barnes wa
• Dickinson v. Marla E. Gonzalez
  839 So. 2d 709· Fla. 3d DCA· 2003-01-02 ·cited 16×
  The Third District Court of Appeal reversed a damages judgment against the Florida Department of Highway Safety and Motor Vehicles and Trooper Jacqueline Gipson for false arrest and civil rights violations arising from an allegedly improper DUI arrest. The court held that the Dep
• Tallahassee Mem'l Reg'l Med. Ctr. v. Cook
  109 F.3d 693· 11th Cir.· 1997-04-08 ·cited 16×
  Two Florida hospitals challenged the state's Medicaid reimbursement system under the Boren Amendment for failing to compensate them for "grace days"—days adolescent psychiatric patients remained hospitalized after medical necessity for inpatient care ended but before placement in
• Roman v. Jeffes
  904 F.2d 192· 3d Cir.· 1990-06-08 ·cited 16×
  Dismissal of a complaint as frivolous under 28 U.S.C. § 1915(d) is inappropriate after service of process has been made on the defendants. Alternatively, the complaint had arguable merit, precluding such dismissal.
• Weaver v. Bowers
  657 F.2d 1356· 3d Cir.· 1981-09-08 ·cited 16×
  The court held that the defendants waived their defense of nonretroactivity by failing to raise it timely, but exercised its inherent power to consider the issue due to unusual circumstances and the need for evenhandedness in justice.
• Sala v. Cnty. OF Suffolk
  604 F.2d 207· 2d Cir.· 1979-08-17 ·cited 16×
  The court held that a municipality is afforded immunity from damages under § 1983 when its policy was not constitutionally infirm under then-existing law and there was no evidence of bad faith by those formulating the policy.
• DeVARGAS v. Montoya
  796 F.2d 1245· 10th Cir.· 1986-07-08 ·cited 14×
  The court held that the plaintiff's federal claims were barred by the statute of limitations and res judicata, affirming the district court's dismissal.
• Riverview Invs., Inc. v. Ottawa Cmty. Improvement Corp.
  769 F.2d 324· 6th Cir.· 1985-07-31 ·cited 14×
  The court held that plaintiff's procedural due process claim was properly dismissed, but remanded the antitrust claim for further consideration of the state action exemption.
• Jewell Nephew v. City OF Aurora
  766 F.2d 1464· 10th Cir.· 1985-07-10 ·cited 14×
  In a § 1983 case seeking monetary damages, attorney's fees awarded to prevailing plaintiffs must be reduced when they recover only nominal damages, reflecting their limited success.
• Crawford v. Edmonson
  764 F.2d 479· 7th Cir.· 1985-06-13 ·cited 14×
  The court held that the trial court did not abuse its discretion in admitting evidence of the deceaseds' prior misconduct and the testimony of a robbery victim, nor did it err in denying a motion for a directed verdict on liability for the shooting of one of the deceaseds.
• Steinle v. Warren
  765 F.2d 95· 7th Cir.· 1985-06-13 ·cited 14×
  The court held that the district court properly granted summary judgment because the appellant failed to produce admissible evidence creating a genuine issue of material fact and the claim was time-barred. The court also affirmed the award of attorney fees and expenses.
• DeSPAIN v. Marlin Johnston
  731 F.2d 1171· 5th Cir.· 1984-05-11 ·cited 14×
  The court held that the federal district court should have abstained under the Younger doctrine because a state judicial proceeding was ongoing, implicated important state interests, and offered an adequate opportunity to raise constitutional challenges.
• Burke v. Jerry Miller, M.D.
  580 F.2d 108· 4th Cir.· 1978-07-06 ·cited 14×
  Witnesses in state judicial proceedings are absolutely immune from civil liability under 42 U.S.C. § 1983 and § 1985 for testimony given in their official capacity.
• Rampey v. Walt Allen
  501 F.2d 1090· 10th Cir.· 1974-08-16 ·cited 14×
  The majority opinion reversed the trial court's decision, finding that the non-renewal of faculty contracts constituted a violation of First Amendment rights. The dissenting opinion argues against this conclusion.
• Santiago v. Corporacion de Renovacion Urbana Y Vivienda de Puerto RICO
  453 F.2d 794· 1st Cir.· 1972-01-05 ·cited 14×
  The court held that the dismissal of the complaint was erroneous because it was based on evidence presented solely for a temporary restraining order without proper notice, and disputed factual issues precluded summary judgment.
• Hernandez v. Seminole Cnty.
  334 F.3d 1233· 11th Cir.· 2003-06-24 ·cited 13×
  Plaintiffs filed a § 1983 suit in Florida state court against Seminole County and multiple defendants for the death of a pretrial detainee allegedly caused by deliberate indifference to medical needs. Most defendants removed the case to federal court, but two defendants (Dr. Dube
• Williams v. Hoyt
  556 F.2d 1336· 5th Cir.· 1977-08-08 ·cited 13×
  The court affirmed the jury's verdict for the defendants, finding no reversible error in the trial court's rulings or conduct.
• Edelberg v. The Ill. Racing Bd.
  540 F.2d 279· 7th Cir.· 1976-08-09 ·cited 13×
  The court held that the Illinois Racing Board Rule 317c, which provides for the automatic withholding and redistribution of purse money when a winning horse is found to be drugged, does not violate the Due Process Clause because it establishes an objective condition precedent to
• Dodd v. City OF Norwich & Eric Larson
  827 F.2d 1· 2d Cir.· 1987-08-31 ·cited 12×
  The court held that the accidental shooting of a suspect during a struggle does not constitute an unreasonable seizure under the Fourth Amendment, and therefore, neither the arresting officer nor the city can be held liable for a constitutional violation.
• Carey v. Cont'l Airlines, Inc.
  823 F.2d 1402· 10th Cir.· 1987-07-15 ·cited 12×
  The court held that a private party's complaint to police, leading to an arrest, does not constitute state action for a § 1983 claim without evidence of concerted action.
• Bishop v. Cross
  790 F.2d 38· 6th Cir.· 1986-05-07 ·cited 12×
  The court held that the district court abused its discretion by dismissing the case with prejudice for lack of prosecution based on the plaintiffs' absence from voir dire, as the requirement was not clearly articulated or made known to counsel.
• Wierstak v. Heffernan
  789 F.2d 968· 1st Cir.· 1986-05-02 ·cited 12×
  The court affirmed the judgment, holding that the district court did not err in excluding prior convictions, admitting expert testimony, denying motions for directed verdict or judgment notwithstanding the verdict, or in its findings on municipal liability.
• Burlis Smothers v. Lt. J. Gibson
  778 F.2d 470· 8th Cir.· 1985-11-27 ·cited 12×
  The court held that the district court erred in granting summary judgment based on qualified immunity, as the law regarding strip searches of prison visitors was clearly established at the time of the search.
• Llaguno v. Mingey
  739 F.2d 1186· 7th Cir.· 1984-07-10 ·cited 12×
  The court held that the jury should decide issues of probable cause and exigent circumstances under proper instructions, rather than being decided as a matter of law.
• Truly v. Madison Gen. Hosp.
  673 F.2d 763· 5th Cir.· 1982-04-22 ·cited 12×
  The court held that the hospital's denial of staff privileges was not a violation of procedural due process or the First Amendment, and the findings of fact were not clearly erroneous.
• Soldevila v. Sec'y OF Agric. OF the United States
  512 F.2d 427· 1st Cir.· 1975-03-13 ·cited 12×
  The court held that the district court erred in granting a preliminary injunction because the appellee failed to demonstrate extraordinary harm and had not exhausted administrative remedies.
• Lassiter v. Covington
  861 F.2d 680· 11th Cir.· 1988-12-08 ·cited 11×
  The court held that genuine issues of material fact exist regarding whether the plaintiff had a property interest in his employment based on contract or policy, and a liberty interest based on stigmatizing charges, precluding summary judgment.
• Bell v. Einer Mickelsen
  710 F.2d 611· 10th Cir.· 1983-04-01 ·cited 11×
  The court held that the trial court erred in applying comparative negligence to intentional tort damages and in apportioning damages between defendants, but that the § 1983 waiver issue was not preserved for appeal.
• Flynn v. Merrick
  881 F.2d 446· 7th Cir.· 1989-08-07 ·cited 10×
  Shareholders lack standing to bring individual causes of action under RICO or for civil rights violations when their alleged injury is an indirect result of harm to the corporation.
• Curry v. A.H. Robins Co.
  775 F.2d 212· 7th Cir.· 1985-10-21 ·cited 10×
  The court held that the plaintiff's claims were barred by the statute of limitations and that the award of attorney's fees to the defendant for defending a frivolous civil rights claim was proper.
• SIU v. Johnson
  748 F.2d 238· 4th Cir.· 1984-11-20 ·cited 10×
  The court held that the university's denial of tenure and promotion to a probationary professor did not violate her constitutional rights to due process or equal protection, even if administrators did not fully defer to peer faculty recommendations.
• Berard v. State OF Vt. Parole Bd.
  730 F.2d 71· 2d Cir.· 1984-03-06 ·cited 10×
  A prisoner has no legitimate expectation of release on parole warranting due process protection if the state parole statute does not create such an expectation through specific language, and the parole board retains discretionary authority.
• Vorbeck v. Whaley
  620 F.2d 191· 8th Cir.· 1980-04-24 ·cited 10×
  The district court correctly dismissed the appellant's complaint on res judicata grounds, but erred in awarding attorney's fees without finding the suit frivolous.
• Berdick v. The United States
  612 F.2d 533· Ct. Cl.· 1979-12-12 ·cited 10×
  The court held that it lacked jurisdiction over claims sounding in tort, seeking equitable relief, or against private parties, but granted summary judgment on the government's False Claims Act counterclaim, finding that the plaintiff's prior criminal conviction for making false s
• Clovis Carl Green, Jr. v. White
  605 F.2d 376· 8th Cir.· 1979-07-13 ·cited 10×
  The court held that the plaintiff's claims were not frivolous and were not barred by res judicata, requiring an evidentiary hearing.
• Sassi v. Breier
  584 F.2d 234· 7th Cir.· 1978-10-06 ·cited 10×
  An amended complaint substituting named defendants for 'John Doe' does not relate back to the original filing if the newly named defendants lacked notice of the action within the limitations period.
• Greater Baton Rouge Golf Ass'n v. Rec. & Park Comm'n FOR the Parish OF E. Baton Rouge
  507 F.2d 227· 5th Cir.· 1975-01-23 ·cited 10×
  The court held that dismissal with prejudice was too harsh a remedy for counsel's unintentional tardiness, and the denial of the Rule 60(b) motion should be reversed.
• John v. Hurt
  489 F.2d 786· 7th Cir.· 1973-11-16 ·cited 10×
  Public defenders are immune from liability for damages for acts performed within the scope of their official duties, even if those acts constitute gross errors of judgment.
• Kinney v. Harlow F. Lenon
  447 F.2d 596· 9th Cir.· 1971-08-13 ·cited 10×
  The court held that federal courts should not enjoin state court proceedings, even for juveniles, due to principles of comity and federalism, and that a claim for a declaratory judgment is also subject to these equitable principles.
• Thompson v. Olson
  798 F.2d 552· 1st Cir.· 1986-08-19 ·cited 9×
  A police officer's initial finding of probable cause justifies arrest and continued detention until a magistrate decides otherwise; negligence does not rise to the level of a constitutional violation under § 1983.
• Napolitano v. Hon. Daniel P. Ward
  457 F.2d 279· 7th Cir.· 1972-03-21 ·cited 9×
  The court held that the transactional immunity granted to the appellant by the State of Illinois was coextensive with his Fifth Amendment privilege against self-incrimination, and his removal from office did not constitute a penal aspect of criminal proceedings.