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

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

• Searer v. Wells
  837 F. Supp. 1198· M.D. Fla.· 1993-11-18 ·cited 8×
  The court denied motions to dismiss, finding that the plaintiff's allegations, particularly in the amended complaint, sufficiently stated claims for federal civil rights violations and state law assault and battery, and that claims could be pleaded in the alternative.
• Jackson v. Cnty. OF McLEAN
  953 F.2d 1070· 7th Cir.· 1992-01-15 ·cited 8×
  The court held that the district court abused its discretion by denying the indigent prisoner's request for counsel under 28 U.S.C. § 1915(d), as the complexity of the legal issues and the need for expert testimony created a fundamental unfairness.
• Tyler v. Barton
  901 F.2d 689· 8th Cir.· 1990-04-26 ·cited 8×
  The court held that prison officials are entitled to qualified immunity from a damages claim for observing a parolee urinate during a drug test, as no clearly established constitutional right was violated.
• Kory Toma v. The City OF Weatherford
  846 F.2d 58· 10th Cir.· 1988-05-11 ·cited 8×
  The Tenth Circuit held that the district court abused its discretion by dismissing the plaintiff's case as a discovery sanction, as the plaintiff's conduct did not demonstrate willfulness, bad faith, or fault.
• Archie v. Christian
  812 F.2d 250· 5th Cir.· 1987-03-17 ·cited 8×
  A plaintiff is entitled to nominal damages for a civil rights violation even without proof of actual injury, and the court modified the judgment to award one dollar in nominal damages.
• Maglione v. Briggs
  748 F.2d 116· 2d Cir.· 1984-11-16 ·cited 8×
  Summary judgment for the prosecutor on civil rights claims was proper due to absolute immunity for grand jury presentation, but the denial of attorney's fees must be reconsidered.
• Woods v. Marks
  742 F.2d 770· 3d Cir.· 1984-08-29 ·cited 8×
  The court held that a prison official's post-hoc affidavit citing security concerns does not resolve the material fact issue of whether the inmate's witness request was arbitrarily denied at the time of the disciplinary hearing.
• Wright v. Dallas Cnty. Sheriff Dep't
  660 F.2d 623· 5th Cir.· 1981-11-05 ·cited 8×
  The court held that the record was inadequate to determine if the district court abused its discretion in dismissing the case with prejudice or in refusing to appoint counsel.
• Franklin v. Webb
  653 F.2d 362· 8th Cir.· 1981-07-16 ·cited 8×
  The court held that while a prisoner must exhaust state remedies for claims challenging the fact or duration of confinement, a claim for damages under section 1983 is not subject to the same exhaustion requirement and may be subject to a statute of limitations issue.
• Brucar v. Ira Rubin
  638 F.2d 987· 7th Cir.· 1980-12-10 ·cited 8×
  The court held that the allegations of conspiracy between private parties and a state judge were sufficiently specific to state a claim for state action under 42 U.S.C. § 1983, reversing the dismissal.
• Bailey v. Swindell
  89 F.4th 1324· 11th Cir.· 2024-01-08 ·cited 7×
  The Eleventh Circuit held that the district court erred in granting judgment as a matter of law for the defendant officer on qualified immunity grounds, reversing the decision and reinstating the jury's verdict.
• Stanley v. Broward Cnty. Sheriff
  843 F.3d 920· 11th Cir.· 2016-12-14 ·cited 7×
  Jeffrey Stanley, a former Broward County Sheriff's Office deputy, sued Sheriff Scott Israel under 42 U.S.C. § 1983 alleging that he was denied rehire due to his political support for Israel's predecessor's political opponent, violating his First Amendment rights. The district cou
• Corn v. City of Lauderdale Lakes
  771 F. Supp. 1557· S.D. Fla.· 1991-08-30 ·cited 7×
  The court held that the city acted arbitrarily and capriciously in denying the plaintiff's development plan, constituting a violation of substantive due process, and that the plaintiff had a constitutionally protected property interest.
• Perotti v. Seiter
  935 F.2d 761· 6th Cir.· 1991-06-06 ·cited 7×
  The court held that while attorney fees are due, the multiplier award must be reconsidered due to improper justifications and a conceded error in the base calculation.
• Krohn v. Harvard LAW Sch.
  552 F.2d 21· 1st Cir.· 1977-04-06 ·cited 7×
  The court held that Harvard Law School, as a private institution, is not subject to suit under 42 U.S.C. § 1983 because its actions were not taken 'under color of state law.' Furthermore, the plaintiff failed to state a claim under 42 U.S.C. § 1981 as he did not allege denial of
• Harris v. Bush
  106 F. Supp. 2d 1272· N.D. Fla.· 2000-07-25 ·cited 6×
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against most defendants due to lack of pleading, immunity, or Eleventh Amendment bar, and also failed to state a claim for declaratory relief.
• Mahon v. City of Largo
  829 F. Supp. 377· M.D. Fla.· 1993-07-26 ·cited 6×
  The court denied the defendant officer's motion for judgment on the pleadings, finding that a Section 1983 claim for false arrest under the Fourth Amendment is distinct from Fourteenth Amendment due process claims based on negligence. The court also denied the City's motion for s
• Wallace v. Mulholland
  957 F.2d 333· 7th Cir.· 1992-02-20 ·cited 6×
  The court affirmed the judgment, holding that the trial judge acted within his discretion regarding evidence exclusion, judge's conduct, and attorney fee awards, and that sufficient evidence supported the jury's verdict.
• Pardo v. Hosier
  946 F.2d 1278· 7th Cir.· 1991-10-30 ·cited 6×
  Prison regulations that provide procedural guidelines but do not mandate specific outcomes do not create a constitutionally protected liberty interest for inmates. Attorney's fees awards fall if the underlying judgment is reversed.
• Royal Russell Long v. Shillinger
  927 F.2d 525· 10th Cir.· 1991-03-06 ·cited 6×
  The court held that the plaintiff failed to prove actual injury resulting from the due process violation during extradition, thus limiting damages to nominal. The court also found no abuse of discretion in denying the appointment of counsel.
• Rivera v. Puerto RICO Tel. Co.
  921 F.2d 393· 1st Cir.· 1990-12-21 ·cited 6×
  The court held that the district court did not abuse its discretion in reversing its prior order allowing amendment of the notice of appeal, and affirmed the denial of the motion to extend time to appeal.
• Shields v. Burge
  874 F.2d 1201· 7th Cir.· 1989-05-15 ·cited 6×
  The court held that while the allegations of governmental interference with a psychotherapeutic relationship may implicate a right of privacy, the right is not sufficiently established to overcome qualified immunity at this stage.
• Liffiton v. Keuker
  850 F.2d 73· 2d Cir.· 1988-06-21 ·cited 6×
  Prosecutors are entitled to absolute immunity for judicial acts but only qualified immunity for investigative acts, and municipal liability requires proof of a policy. Claims against the state, a justice, a prosecutor for investigative acts, the county, and bank employees were pr
• McCORMACK v. Nat'l Collegiate Athletic Ass'n
  845 F.2d 1338· 5th Cir.· 1988-06-01 ·cited 6×
  The court held that some plaintiffs lacked standing and others failed to state a claim for relief, affirming the dismissal of their antitrust and civil rights claims against the NCAA.
• Odis Solomon v. Royal OAK Twp.
  842 F.2d 862· 6th Cir.· 1988-03-15 ·cited 6×
  The court held that discharging a public employee for exposing departmental corruption violates the First Amendment, but reversed a defamation award because the statements made were substantially true.
• Rosetta Goudeau v. Indep. Sch. Dist. NO. 37 OF Okla. Cnty.
  823 F.2d 1429· 10th Cir.· 1987-07-20 ·cited 6×
  A public employee's expectation of continued employment, derived from a state statute requiring termination only 'for cause,' creates a constitutionally protected property interest, even if the stated reason for termination is lack of funds or work.
• Brooks v. Odie A. Nance
  801 F.2d 1237· 10th Cir.· 1986-09-26 ·cited 6×
  The Tax Injunction Act and the doctrine of comity deprive federal courts of jurisdiction over actions challenging state tax collection, even when framed as civil rights claims, provided adequate state remedies exist.
• Brierley v. F.J. Schoenfeld, Jr.
  781 F.2d 838· 10th Cir.· 1986-01-15 ·cited 6×
  The court held that while the officer's stop of the truck may have lacked reasonable suspicion, he was entitled to qualified immunity because the law was not clearly established at the time, and the officer acted in good faith.
• Collard v. The Inc. Vill. OF Flower Hill
  759 F.2d 205· 2d Cir.· 1985-03-26 ·cited 6×
  A federal court is precluded from hearing a civil rights claim that could have been raised in a prior state court proceeding if state law would bar such a claim.
• Mirella Adelman v. Graves
  747 F.2d 986· 5th Cir.· 1984-12-03 ·cited 6×
  The district court improperly dismissed the pro se complaint with prejudice without first determining if the incompetent person's interests were adequately protected.
• Stenseth v. Greater Fort Worth & Tarrant Cnty. Cmty. Action Agency
  673 F.2d 842· 5th Cir.· 1982-04-22 ·cited 6×
  The court held that the district court erred in awarding attorney's fees against the plaintiff, as her claims were not frivolous at the time of trial. However, the court affirmed the district court's finding that the plaintiff did not establish a valid claim under 42 U.S.C. § 198
• Athas v. The United States
  597 F.2d 722· Ct. Cl.· 1979-04-18 ·cited 6×
  The court held that the Government's failure to apprise plaintiffs of their right to appeal adverse personnel actions, in violation of agency regulations, rendered the actions void and waived the requirement to exhaust administrative remedies.
• Pence v. Rosenquist
  573 F.2d 395· 7th Cir.· 1978-02-02 ·cited 6×
  The court held that the employer's inconsistent actions regarding the plaintiff's appearance were arbitrary and thus a deprivation of liberty.
• Griffith v. Edsel Edwards
  493 F.2d 495· 8th Cir.· 1974-02-28 ·cited 6×
  The court held that the trial judge did not err in denying the motion to recuse and that no prejudicial error occurred during the trial.
• Thrasher v. First Nat'l Bank OF Miami
  288 So. 2d 288· Fla. 3d DCA· 1974-01-22 ·cited 6×
  Thrasher appealed the dismissal of their complaint against First National Bank of Miami for repossessing their automobile. The trial court dismissed all counts, but the appellate court affirmed dismissal of the civil rights claim while reversing dismissal of the conversion and tr
• Alice T. Rodes ad Litem for Melania DeSzirmay v. Mun. Auth. OF the Borough OF Milford. Alice T. Rodes ad Litem
  409 F.2d 16· 3d Cir.· 1969-01-13 ·cited 6×
  The court held that the pro se plaintiff's complaint failed to state a claim for a federal civil rights violation, as it contained only conclusory allegations without specific facts supporting federal cognizance.
• McDonough v. Fernandez-Rundle
  862 F.3d 1314· 11th Cir.· 2017-07-12 ·cited 5×
  James McDonough recorded a meeting with the Homestead Police Chief without consent and posted portions online. The State Attorney threatened prosecution under Florida's wiretapping statute, claiming the recording violated Fla. Stat. § 934.03. The Eleventh Circuit reversed the dis
• The IVY Club v. Edwards
  943 F.2d 270· 3d Cir.· 1991-08-21 ·cited 5×
  The court held that Ivy waived its right to reserve federal claims under England by unreservedly litigating them in state proceedings before attempting any reservation, and that the Rooker-Feldman doctrine divests the district court of jurisdiction over claims seeking review of s
• Archer v. Sanchez
  933 F.2d 1526· 10th Cir.· 1991-06-03 ·cited 5×
  Qualified immunity should be granted because the contours of the plaintiff's right were unclear under New Mexico law, making the unlawfulness of the defendant's actions not apparent.
• Soldal v. Cnty. OF Cook
  923 F.2d 1241· 7th Cir.· 1991-01-24 ·cited 5×
  The court should remand the Fourteenth Amendment claim for trial because the damage to the trailer constituted an independent deprivation of property, and the Fourth Amendment applies to unreasonable seizures in civil proceedings.
• News & Sun-Sentinel Co. v. Cox
  702 F. Supp. 891· S.D. Fla.· 1988-12-19 ·cited 5×
  The court held that Florida Statute § 337.406, as written, is an unconstitutional restriction on First Amendment rights because it is overbroad and not narrowly tailored to serve a significant governmental interest. The court also denied claims regarding the Sunshine Act and tort
• Lorna Williams v. Town OF Okoboji
  606 F.2d 812· 8th Cir.· 1979-10-04 ·cited 5×
  The court held that the plaintiff should be allowed to amend her complaint because the additional facts provided, if properly pleaded, could state a claim for relief.
• Penelope Lankheim v. Fla. Atl. Univ.
  992 So. 2d 828· Fla. 4th DCA· 2008-09-24 ·cited 4×
  Penelope Lankheim, a registered student at Palm Beach Community College (PBCC) attending classes on FAU's campus, appealed summary judgment dismissing her claim for injunctive relief challenging trespass warnings issued against her by Florida Atlantic University. The court held t
• Owaki v. City of Miami
  491 F. Supp. 2d 1140· S.D. Fla.· 2007-06-21 ·cited 4×
  The court held that the police officers had arguable probable cause and probable cause to arrest the plaintiff, entitling them to qualified immunity and granting summary judgment.
• Chapman v. Morton Laitner
  809 So. 2d 51· Fla. 3d DCA· 2002-02-06 ·cited 4×
  Linda Rice Chapman appealed from a summary judgment dismissing her federal civil rights claim under 42 U.S.C. § 1983 against Morton Laitner and from an award of attorney's fees to Laitner. The court affirmed the summary judgment but reversed the attorney's fees award under state
• Card v. Miami-Dade Cnty. Fla.
  147 F. Supp. 2d 1334· S.D. Fla.· 2001-05-29 ·cited 4×
  Forest Card sued Miami-Dade County for false imprisonment and civil rights violations under 42 U.S.C. § 1983 after being detained for 27 days pending a court-ordered psychiatric evaluation that was never performed. The district court granted summary judgment for the County on bot
• Duke v. Smith
  13 F.3d 388· 11th Cir.· 1994-02-03 ·cited 4×
  The Eleventh Circuit reversed the district court's dismissal of a § 1983 action challenging Florida's presidential primary ballot access statute, holding that the Presidential Candidate Selection Committee's reconsideration process constituted state action subject to constitution
• Morris v. Crow
  825 F. Supp. 295· M.D. Fla.· 1993-06-23 ·cited 4×
  The court denied motions to dismiss civil rights claims and individual punitive damages claims, but granted dismissal of official capacity punitive damages claims, deferring the ruling on injunctive relief.
• Raske v. Dugger
  819 F. Supp. 1046· M.D. Fla.· 1993-04-20 ·cited 4×
  The court granted defendants' motion for summary judgment in part, finding plaintiff's allegations of conspiracy and constitutional violations to be vague and conclusory, but deferred ruling on a specific gaintime calculation issue.
• Goetz v. Cappelen
  946 F.2d 511· 7th Cir.· 1991-10-15 ·cited 4×
  The court held that the defendants waived their claim of prejudice from evidence of prior incidents by refusing a limiting instruction and that the denial of the motion to dismiss the City was moot. The court also affirmed the admission of police reports and upheld the jury's ver