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

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

• Jenkins v. Averett
  424 F.2d 1228· 4th Cir.· 1970-04-20 ·cited 103×
  The court held that the award in damages was inadequate and should be reassessed, but the dissenting judge argued that 42 U.S.C. § 1983 was not a proper basis for recovery in this negligence case.
• Singleton v. City OF NEW York
  632 F.2d 185· 2d Cir.· 1980-09-25 ·cited 90×
  A dismissal of criminal charges after an adjournment in contemplation of dismissal constitutes a favorable termination for purposes of a federal civil rights claim, and all claims arising from a single transaction should not be barred by state statutes of limitation.
• Pueblo Neighborhood Health Ctrs., Inc. v. Losavio
  847 F.2d 642· 10th Cir.· 1988-05-24 ·cited 84×
  The court held that the district court applied the wrong standard in denying summary judgment on qualified immunity grounds and that the plaintiffs failed to present sufficient evidence of clearly established law violations or unconstitutional motive.
• NEW York State Ass'n FOR Retarded Child., Inc. v. Carey
  706 F.2d 956· 2d Cir.· 1983-03-31 ·cited 78×
  The court held that the district court did not abuse its discretion in admitting evidence obtained through a discovery order and in appointing a Special Master, but erred in refusing to modify the bed limitations in the Consent Judgment and Flower Hospital Order to facilitate com
• Faye Elizabeth Hall v. Tawney
  621 F.2d 607· 4th Cir.· 1980-05-09 ·cited 73×
  Corporal punishment in public schools may violate substantive due process rights if it is brutal, demeaning, and harmful, shocking the conscience of the court, and such claims are cognizable under 42 U.S.C. § 1983. Claims against school officials directly involved in the punishme
• ORR v. Trinter
  444 F.2d 128· 6th Cir.· 1971-06-16 ·cited 70×
  A public school teacher without tenure status does not have a constitutional right to be told the reasons for non-renewal of their contract or to a hearing, absent allegations of constitutionally impermissible reasons for the non-renewal.
• Arnold v. Bd. OF Educ. OF Escambia Cnty.
  880 F.2d 305· 11th Cir.· 1989-08-10 ·cited 69×
  The court held that coercing a minor to abort violates her constitutional right to privacy and that coercing minors to refrain from consulting parents violates parental rights to direct upbringing. It also held that compelling action against religious beliefs can violate free exe
• Jones v. Metzger
  456 F.2d 854· 6th Cir.· 1972-03-14 ·cited 68×
  The court held that the district court properly assumed jurisdiction and did not abuse its discretion in ordering remedial actions for unconstitutional jail conditions.
• State Bank OF ST. Charles v. Camic
  712 F.2d 1140· 7th Cir.· 1983-07-13 ·cited 67×
  The court held that the defendants' actions did not constitute a constitutional deprivation, and therefore summary judgment was properly granted.
• Griffin v. Burns
  570 F.2d 1065· 1st Cir.· 1978-01-19 ·cited 63×
  The court held that the state's retroactive invalidation of absentee and shut-in ballots, after voters relied on official procedures, violated their constitutional right to vote, and thus federal jurisdiction was proper.
• Monell v. Dep't OF Soc. Servs. OF the City OF NEW York
  532 F.2d 259· 2d Cir.· 1976-03-08 ·cited 62×
  The court held that claims for equitable relief were moot due to policy changes, and claims for back pay were barred by lack of subject matter jurisdiction under both Title VII and § 1983.
• Zarcone v. Perry
  572 F.2d 52· 2d Cir.· 1978-03-03 ·cited 60×
  The court affirmed the jury's punitive damages award, finding it was not excessive given the defendant's abuse of official power and egregious conduct.
• Sprague v. Fitzpatrick
  546 F.2d 560· 3d Cir.· 1976-12-06 ·cited 53×
• Simard v. Bd. OF Educ. OF the Town OF Groton
  473 F.2d 988· 2d Cir.· 1973-01-30 ·cited 50×
  The court affirmed the district court's dismissal, holding that the plaintiff teacher's constitutional rights were not violated by the denial of tenure.
• Bishop v. Colaw
  450 F.2d 1069· 8th Cir.· 1971-10-27 ·cited 50×
  The court affirmed the denial of a rehearing en banc, finding that the suggestion for rehearing failed to obtain the necessary majority vote.
• Nolan v. Palmer C. Scafati
  430 F.2d 548· 1st Cir.· 1970-08-14 ·cited 50×
  The court held that a prisoner's allegations of denial of due process and denial of access to the courts by prison officials state claims upon which relief may be granted, requiring further factual determination.
• Smith v. Gonzales
  670 F.2d 522· 5th Cir.· 1982-03-15 ·cited 48×
  The court held that claims arising from arrests made under facially valid warrants or with probable cause, as determined by an independent intermediary, should have been dismissed. The court affirmed the jury's verdict regarding the warrantless arrest for carnal knowledge.
• Roberts v. The City OF Troy & Forrest O. Fisher
  773 F.2d 720· 6th Cir.· 1985-09-30 ·cited 38×
  The court's majority opinion, which this concurrence agrees with, likely found that the Parratt-Beebe analysis for procedural due process claims was inapplicable to deprivations of life, and that the conduct was not random and unauthorized, nor was there an adequate post-deprivat
• Hollins v. Powell
  773 F.2d 191· 8th Cir.· 1985-09-11 ·cited 38×
  The court held that a mayor's actions, when taken under the authority of his office, can represent official policy, making the municipality liable under § 1983. The court also found that the damage awards were excessive and ordered a remittitur.
• McNAMARA v. Moody
  606 F.2d 621· 5th Cir.· 1979-11-15 ·cited 38×
  The court held that an award of attorney's fees against an official in their individual capacity requires a finding of bad faith, absent clear Congressional intent otherwise.
• Khalieb McKINNON v. Patterson
  568 F.2d 930· 2d Cir.· 1977-09-15 ·cited 38×
  The court held that while prisoners are entitled to due process before being placed in keeplock, damages and expungement were not warranted, and the notice requirement applies to keeplock.
• Welsch v. Likins
  550 F.2d 1122· 8th Cir.· 1977-03-09 ·cited 36×
  The court held that while federal courts can order states to meet constitutional standards for institutions, they should avoid directly enjoining state fiscal laws that impede compliance, especially when legislative action is pending. The court affirmed most orders but vacated an
• Wiley v. Memphis Police Dep't
  548 F.2d 1247· 6th Cir.· 1977-02-10 ·cited 36×
  The court held that police officers were justified in using deadly force to apprehend fleeing burglars under Tennessee law, and that the officers acted in good faith, relying on the presumption of constitutionality of the relevant statute.
• Riley v. City OF Chester & Joseph F. Battle
  612 F.2d 708· 3d Cir.· 1979-12-14 ·cited 35×
  A qualified federal common law privilege protects journalists from being compelled to disclose their sources, and this privilege can only be overcome by a strong showing of necessity and unavailability of the information from other sources.
• Commonwealth OF Pa. & Richard W. Baumann v. Porter
  659 F.2d 306· 3d Cir.· 1981-07-30 ·cited 34×
  The court held that the Commonwealth of Pennsylvania is an appropriate plaintiff to bring a parens patriae action seeking injunctive relief against police misconduct and that the case was not rendered moot by the officer's change of employment.
• Winfrey v. Lou Brewer
  570 F.2d 761· 8th Cir.· 1978-02-15 ·cited 34×
  The court held that the district court erred by dismissing the complaint as a summary judgment without providing the required notice and opportunity to oppose.
• James v. Headley
  410 F.2d 325· 5th Cir.· 1969-04-09 ·cited 34×
  The Fifth Circuit holds that the right to court-appointed counsel, as articulated in Harvey v. Mississippi, applies to petty offenses and is alive and well in the circuit.
• Stokes v. Euda Delcambre
  710 F.2d 1120· 5th Cir.· 1983-08-01 ·cited 31×
  The court held that sufficient evidence supported the jury's verdict finding that the sheriff and deputy violated the prisoner's constitutional rights and were negligent, and that the punitive damages award was proper.
• Goka v. Bobbitt
  862 F.2d 646· 7th Cir.· 1988-11-21 ·cited 30×
  The court held that summary judgment was improperly granted because a genuine issue of material fact existed regarding whether prison officials had knowledge of the risk of harm to the inmate and failed to take reasonable steps to prevent it.
• Donald v. Polk Cnty.
  836 F.2d 376· 7th Cir.· 1988-01-13 ·cited 30×
  The court held that the Donalds' claims were barred by collateral estoppel and that they failed to establish actual damages for procedural due process violations.
• 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.
• Solomon Feldman, Jr. v. State Bd. OF LAW Exam'rs
  438 F.2d 699· 8th Cir.· 1971-03-03 ·cited 30×
  The court held that a federal court cannot review the grading of bar examination papers or grant injunctive relief for alleged grading errors or discrimination, as such matters must first be addressed by the state's highest court.
• Haislah v. Walton
  676 F.2d 208· 6th Cir.· 1982-04-21 ·cited 28×
  The dissenting judge would affirm the district court's judgment, finding the jury instructions, when viewed as a whole, adequately apprised the jury of the relevant considerations and were not unduly prejudicial to the plaintiff.
• Felicisimo N. Martin v. Gentile
  849 F.2d 863· 4th Cir.· 1988-06-17 ·cited 27×
  The court held that the use of a loaded shotgun through a car windshield, causing fear, constituted an unreasonable use of force violating the Fourth Amendment, entitling the victim to damages.
• Boswell v. The Cnty. OF Sherburne
  849 F.2d 1117· 8th Cir.· 1988-06-21 ·cited 26×
  Government officials are not entitled to qualified immunity if their conduct violates clearly established constitutional rights, even if the specific factual scenario is not identical to prior precedent.
• Belcher v. Oliver
  898 F.2d 32· 4th Cir.· 1990-03-12 ·cited 24×
  Jail officials are entitled to qualified immunity because their actions did not violate clearly established constitutional law regarding deliberate indifference to a pretrial detainee's serious medical needs.
• Randall v. Wyrick
  642 F.2d 304· 8th Cir.· 1981-02-26 ·cited 24×
  The denial of a preliminary injunction for alleged inadequate medical treatment is affirmed because the inmate failed to demonstrate deliberate indifference to serious medical needs or probable success on the merits.
• Fitzgerald v. Porter Mem'l Hosp.
  523 F.2d 716· 7th Cir.· 1975-09-26 ·cited 24×
  The court held that the asserted right of marital privacy does not extend to a father's presence in the delivery room of a public hospital that has a policy excluding him for medical reasons.
• Outley v. The City OF NEW York
  837 F.2d 587· 2d Cir.· 1988-01-25 ·cited 23×
  The court held that the trial court abused its discretion by precluding eyewitness testimony due to a discovery violation and by admitting evidence of prior lawsuits, which was unduly prejudicial.
• Stubbs v. C.O. Robert Dudley
  849 F.2d 83· 2d Cir.· 1988-06-13 ·cited 22×
  The court held that the magistrate erred in granting judgment notwithstanding the verdict, as the jury could reasonably find deliberate indifference to the inmate's safety.
• Martin v. Sheriff Richard Tyson
  845 F.2d 1451· 7th Cir.· 1988-05-09 ·cited 22×
  The court held that the amended complaint sufficiently suggested the incorporation of a previously omitted claim regarding denial of access to newspapers.
• Familias Unidas v. Dolph Briscoe
  544 F.2d 182· 5th Cir.· 1976-12-16 ·cited 22×
  The court held that while the withdrawal of the state's request for information mooted the need for injunctive relief, the underlying controversy regarding the constitutionality of the statute's past application remained justiciable for declaratory judgment. The court also found
• Earnestine Hill v. McINTYRE
  884 F.2d 271· 6th Cir.· 1989-09-08 ·cited 20×
  The court held that a genuine issue of fact existed regarding whether the officer obtaining the warrant acted with reckless disregard for the truth, requiring a jury trial. It also held that the manner of executing the search warrant presented factual issues for a jury.
• Johnson-El v. Schoemehl
  878 F.2d 1043· 8th Cir.· 1989-05-22 ·cited 20×
  The court held that the denial of qualified immunity is an immediately appealable collateral order, but mootness is not. The court affirmed the magistrate's denial of qualified immunity for most defendants, finding the alleged conditions violated clearly established law, but gran
• Freitas v. Warden Calvin Auger
  837 F.2d 806· 8th Cir.· 1988-01-26 ·cited 20×
  The court held that the notice provided to the inmate, the reliability of the confidential informants, and the sufficiency of the evidence were constitutionally adequate to support the disciplinary action.
• Coogan v. City OF Wixom
  820 F.2d 170· 6th Cir.· 1987-06-01 ·cited 20×
  The court held that the plaintiff failed to establish a claim for malicious prosecution, intentional infliction of emotional distress, or violations of constitutional rights under 42 U.S.C. § 1983, affirming the directed verdict.
• Skevofilax v. Sergeant William Quigley
  810 F.2d 378· 3d Cir.· 1987-01-22 ·cited 20×
  The court held that the district court properly exercised ancillary jurisdiction over the police officers' indemnification claim against the township under Rule 69.
• Brockell v. Norton
  688 F.2d 588· 8th Cir.· 1982-09-22 ·cited 20×
  The court held that the plaintiff did not have a constitutionally protected property interest in his employment and that private threats made by the mayor did not violate his liberty interest. However, the court remanded for a determination of his First Amendment claim regarding
• Roberts v. Marino
  656 F.2d 1112· 5th Cir.· 1981-09-21 ·cited 20×
  The court held that sufficient evidence supported the jury's finding that the officer used excessive force, and therefore affirmed the award of compensatory damages.
• Wolfel v. Sanborn
  555 F.2d 583· 6th Cir.· 1977-05-02 ·cited 20×
  The court held that the defendants were entitled to have their good faith defense submitted to the jury, as their reliance on an unwritten parole authority policy regarding bond forfeitures was not unreasonable as a matter of law.