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

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

• O'Neal v. A. J. "Buck" Gresham
  519 F.2d 803· 4th Cir.· 1975-07-08 ·cited 20×
  The court held that the trial court erred in failing to make specific findings on the issue of mitigation of damages, requiring remand. The denial of attorney fees was affirmed.
• Thompson v. Jarrod S. Douds
  852 So. 2d 299· Fla. 2d DCA· 2003-07-18 ·cited 18×
  Thompson appealed a summary judgment dismissing her excessive force claims against seven Tampa police officers who detained Robert Magyar, resulting in his permanent vegetative state. The court reversed, holding that the trial court applied an incorrect legal standard for qualifi
• Rogers v. C.W. Miller
  57 F.3d 986· 11th Cir.· 1995-06-22 ·cited 18×
  Four members of the Brevard County Sheriff's Department sued under 42 U.S.C. § 1983, alleging that Sheriff C.W. Miller and supervisory defendants violated their First Amendment rights by taking adverse employment action in retaliation for their political support of Miller's oppon
• Stull v. Sch. Bd. of the W. Beaver Junior-Senior High Sch.
  459 F.2d 339· 3d Cir.· 1972-04-13 ·cited 18×
  A school's hair length regulation is invalid unless the school demonstrates a legitimate interest, such as safety in shop classes, that outweighs the student's liberty interest in personal appearance.
• Kyees v. Cnty. Dep't OF Pub. Welf. OF Tippecanoe Cnty.
  600 F.2d 693· 7th Cir.· 1979-06-22 ·cited 17×
  Foster parents do not possess a constitutionally protected liberty interest in their relationship with a foster child that requires due process before removal, especially when the foster care arrangement is temporary and the state retains significant control.
• Brandenburg v. Cureton
  882 F.2d 211· 6th Cir.· 1989-08-11 ·cited 16×
  A general jury verdict cannot stand if based on an impermissible theory of recovery, and a new trial is warranted for one defendant where factual issues remain regarding the use of deadly force.
• Kelsey v. Dr. Ewing
  652 F.2d 4· 8th Cir.· 1981-06-24 ·cited 16×
  The court held that the district court erred in dismissing the inmate's complaint, as sufficient unrebutted allegations raised genuine factual issues regarding unconstitutional medical care.
• Black v. Brown
  513 F.2d 652· 7th Cir.· 1975-03-20 ·cited 16×
  The court held that the dismissal of the plaintiff's claims for monetary and declaratory relief regarding denial of procedural due process, denial of access to courts, and cruel and unusual punishment was improper.
• Tuttle v. City OF Okla. City
  728 F.2d 456· 10th Cir.· 1984-02-28 ·cited 15×
  The court held that the jury's finding of the officer's good faith was supported by evidence, and the trial court properly denied the City's motions and instructed the jury on municipal liability for gross negligence.
• Duckett v. The City OF Cedar Park
  950 F.2d 272· 5th Cir.· 1992-01-10 ·cited 14×
  The court held that police officers are entitled to qualified immunity because their actions in arresting and detaining an individual based on a facially valid warrant, despite conflicting information about its withdrawal, were objectively reasonable.
• Kraemer v. Grant Cnty.
  892 F.2d 686· 7th Cir.· 1990-01-09 ·cited 14×
  The court held that the imposition of Rule 11 sanctions was erroneous because the attorney conducted a reasonable investigation under the circumstances before filing the complaint.
• Ayers v. Coughlin
  780 F.2d 205· 2d Cir.· 1985-12-26 ·cited 14×
  The court held that material issues of fact existed regarding the defendant correctional officer's deliberate indifference to known threats against the plaintiff, precluding summary judgment. Claims against supervisory officials were properly dismissed for lack of personal involv
• Neola N. Howard v. Fortenberry
  723 F.2d 1206· 5th Cir.· 1984-02-02 ·cited 14×
  Summary judgment for most defendants is affirmed, but reversed and remanded for the Director of Corrections and the sanitarians due to disputed material facts regarding their duties and potential breaches.
• Cramer v. Crutchfield
  648 F.2d 943· 4th Cir.· 1981-05-12 ·cited 14×
  The court held that the plaintiff's claim under 42 U.S.C. § 1983 for unlawful search and seizure was barred by the statute of limitations, and his claims for malicious prosecution and abuse of process, both under § 1983 and common law, failed to state a valid cause of action.
• Myron J. Aufiero v. Clarke
  639 F.2d 49· 1st Cir.· 1981-01-22 ·cited 14×
  Events occurring prior to the Elrod decision date (June 28, 1976) are not subject to its holding, meaning plaintiff's demotion for past patronage activity was not constitutionally protected.
• Diebold v. Civil Serv. Comm'n OF ST. Louis Cnty.
  611 F.2d 697· 8th Cir.· 1979-12-10 ·cited 14×
  The court held that an employee's Fifth Amendment privilege against self-incrimination is not unconstitutionally threatened if he is not forced to choose between surrendering his job or waiving his privilege, even if administrative proceedings consider matters related to criminal
• DOE v. Mundy
  514 F.2d 1179· 7th Cir.· 1975-01-30 ·cited 14×
  The court affirmed the district court's order granting a preliminary injunction, finding that the hospital's rule restricting abortions was likely unconstitutional and that the injunction was properly issued.
• Gilmere v. City OF Atlanta
  864 F.2d 734· 11th Cir.· 1989-01-30 ·cited 13×
  The court held that in a § 1983 wrongful death case, federal courts must apply state law for damages unless inconsistent with federal law, and the district court's award was inadequate.
• Helfant v. Kugler
  500 F.2d 1188· 3d Cir.· 1974-07-08 ·cited 13×
  The dissenting judge argues that federal courts should not interfere in ongoing state criminal proceedings absent bad faith, harassment, or truly extraordinary circumstances, which are not present here.
• Moore v. Webster
  932 F.2d 1229· 8th Cir.· 1991-05-08 ·cited 12×
  The court held that state officials were entitled to qualified immunity for actions taken under statutory authority, and affirmed the grant of summary judgment.
• Sambo's Rests., Inc. v. The City OF ANN Arbor
  663 F.2d 686· 6th Cir.· 1981-11-04 ·cited 12×
  The court held that a contract obtained through economic coercion or duress, specifically threatening to withhold a building permit to force a company to waive its First Amendment right to use a name, is not binding.
• Davis v. United States
  439 F.2d 1118· 8th Cir.· 1971-02-22 ·cited 11×
  The court held that neither the United States nor the Department of Public Welfare can be sued under 42 U.S.C. § 1983, and the individual jail officials were not liable as the alleged tear gas exposure did not rise to a constitutional violation.
• Carter v. Jacobsen
  748 F.2d 487· 8th Cir.· 1984-11-20 ·cited 10×
  The court held that the sufficiency of the evidence supporting the jury verdict will not be reviewed on appeal absent a motion for directed verdict or judgment notwithstanding the verdict, and that the admission of evidence cannot be reviewed without a trial transcript.
• Spartacus, Inc. v. Borough OF McKEES Rocks
  694 F.2d 947· 3d Cir.· 1982-12-10 ·cited 10×
  The court affirmed the district court's denial of a preliminary injunction because the appellants failed to demonstrate a reasonable probability of success on the merits or irreparable harm.
• Patterson v. Ellis C. MacDOUGALL
  506 F.2d 1· 5th Cir.· 1975-01-08 ·cited 10×
  The court held that the district court erred in dismissing the pro se complaint sua sponte, as it stated a claim for relief under 42 U.S.C. § 1983 and that dismissal for failure to join an indispensable party under Rule 19(b) was improper.
• McCABE v. Nassau Cnty. Med. Ctr.
  453 F.2d 698· 2d Cir.· 1971-12-23 ·cited 10×
• Sabet v. E. Va. Med. Auth.
  775 F.2d 1266· 4th Cir.· 1985-11-04 ·cited 9×
  A unilateral understanding of tenure policy, contrary to an employer's explicit written policy, does not create a property interest protected by the Due Process Clause. Furthermore, silence does not constitute fraud absent a duty to disclose.
• Ammons v. Baldwin
  705 F.2d 1445· 5th Cir.· 1983-05-31 ·cited 9×
  The court held that while a judge's threat of physical harm is not protected by judicial immunity, the plaintiff's claim failed because the alleged threat did not rise to the level of injury required for federal jurisdiction.
• Gasper v. La. Stadium & Exposition Dist.
  577 F.2d 897· 5th Cir.· 1978-08-01 ·cited 9×
  The court held that there is no constitutional right to prevent others from smoking in a public stadium, and thus the complaint failed to state a claim upon which relief could be granted.
• Russo v. City OF Cincinnati
  953 F.2d 1036· 6th Cir.· 1992-01-15 ·cited 8×
  The City may be held liable for failure to adequately train its police officers in the use of deadly force against mentally disturbed individuals if the failure amounts to deliberate indifference.
• COX v. Miller Cnty. R-I Sch. Dist.
  951 F.2d 927· 8th Cir.· 1991-12-20 ·cited 8×
  The court held that there was insufficient evidence to show the plaintiff's constitutionally protected speech was a substantial factor in the decision to terminate his employment.
• Crabtree v. Muchmore
  904 F.2d 1475· 10th Cir.· 1990-06-04 ·cited 8×
  The court held that the district court abused its discretion in denying attorney's fees and sanctions to the defendant attorneys, reversing that decision.
• Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah
  723 F. Supp. 1467· S.D. Fla.· 1989-10-05 ·cited 8×
  The court held that the City of Hialeah's ordinances prohibiting ritual animal sacrifice did not violate the Free Exercise Clause of the First Amendment, as they served compelling secular purposes and were religiously neutral in application.
• Coghlan v. Starkey
  845 F.2d 566· 5th Cir.· 1988-05-23 ·cited 8×
  The court held that the plaintiff had no constitutionally protected property interest in continued water service because she failed to comply with reasonable administrative procedures and apply for service, thus her claim under 42 U.S.C. § 1983 failed.
• Keeler v. Hewitt
  697 F.2d 8· 1st Cir.· 1982-12-30 ·cited 8×
  The court affirmed the denial of a new trial, holding that the jury's verdict was not against the clear weight of the evidence and that the trial court did not abuse its discretion in refusing to instruct the jury on malicious prosecution.
• Cent. Ave. News, Inc. v. The City OF Minot
  651 F.2d 565· 8th Cir.· 1981-06-09 ·cited 8×
  The court held that the district court correctly applied the Younger abstention doctrine, dismissing the federal complaint without prejudice because the appellant could raise its constitutional claims in the pending state court enforcement proceeding.
• Agee v. Hickman
  490 F.2d 210· 8th Cir.· 1974-01-31 ·cited 8×
  The court held that the trial court's finding that the force used by the deputy sheriffs was reasonable and necessary to effect the arrest was not clearly erroneous.
• Cruz v. Beto
  445 F.2d 801· 5th Cir.· 1971-07-15 ·cited 8×
  The appellate court affirmed the dismissal, finding the inmate failed to demonstrate error in the lower court's ruling.
• Verna v. Pub. Health Tr. of Miami-Dade Cnty.
  539 F. Supp. 2d 1340· S.D. Fla.· 2008-02-26 ·cited 7×
  Summary judgment was granted for the defendant on all counts, as the plaintiff failed to establish a prima facie case of discrimination or retaliation, and her disability discrimination claims were not supported by sufficient evidence of substantial limitation or employer knowled
• Heath v. Henning
  854 F.2d 6· 2d Cir.· 1988-08-05 ·cited 7×
  The court held that the jury instruction improperly applied a due process standard requiring proof of malice, rather than the Fourth Amendment's objective reasonableness standard for the use of deadly force.
• Thomas v. Booker
  762 F.2d 654· 8th Cir.· 1985-05-16 ·cited 7×
  The court held that the jury's final verdict should be given deference, and the magistrate's failure to clarify the jury's initial incomplete verdict did not constitute plain error.
• Rucker v. Harford Cnty.
  946 F.2d 278· 4th Cir.· 1991-10-03 ·cited 6×
  The Fourth Amendment does not protect innocent bystanders from unintentional injury by police apprehending a suspect, and substantive due process requires conduct "shocking to the conscience," which was not met here. A familial association claim is derivative and fails if the pri
• Covino v. Vt. Dep't OF Corr.
  933 F.2d 128· 2d Cir.· 1991-05-14 ·cited 6×
  The court held that a state may create a liberty interest in remaining in the general prison population through mandatory statutes or regulations, and that prolonged administrative segregation may amount to punishment violating constitutional rights.
• Cooper v. Dupnik
  924 F.2d 1520· 9th Cir.· 1991-02-06 ·cited 6×
  Denying a suspect counsel to coerce a confession violates due process and 42 U.S.C. § 1983, regardless of the suspect's guilt or innocence.
• Azim Abdullah v. Lt. Kinnison
  769 F.2d 345· 6th Cir.· 1985-07-30 ·cited 6×
  Prison officials' directive restricting the use of white prayer robes to the prison chapel is a permissible exercise of discretion and does not violate inmates' First Amendment rights, as it is justified by legitimate security concerns.
• Allen v. Lovejoy
  553 F.2d 522· 6th Cir.· 1977-04-21 ·cited 6×
• Mouille v. The City OF Live OAK
  977 F.2d 924· 5th Cir.· 1992-11-20 ·cited 5×
  Officer Britt is entitled to qualified immunity because his actions were objectively reasonable and not grossly disproportionate to the need for action under the circumstances. Claims against supervisory officials and the municipality lack sufficient evidence.
• Zeb Gaston v. Taylor
  918 F.2d 25· 4th Cir.· 1990-11-05 ·cited 4×
  The court held that material issues of fact exist regarding whether the inmate had adequate notice that the altered jeans constituted contraband and whether supervisors were personally involved, requiring reversal of summary judgment for those officials.
• Graham v. Davis
  880 F.2d 1414· D.C. Cir.· 1989-08-01 ·cited 4×
  The court held that an instruction preventing recovery if both parties used excessive force was erroneous, and that a claim for negligent training against a municipality requires alleging deliberate indifference.
• The Mihalek Corp. & Lawrence Patrick Mihalek v. The State OF Mich.
  814 F.2d 290· 6th Cir.· 1987-03-18 ·cited 4×
  The court held that there was no substantial similarity between the plaintiff's copyrighted materials and the state's advertising campaign, thus no copyright infringement or Lanham Act violation occurred.