42 U.S.C. § 1983 Action

1,015 Florida cases classified under this topic, plus 1,841 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• McNEIL v. Lowney
  831 F.2d 1368· 7th Cir.· 1987-10-20 ·cited 18×
  The court held that the district court did not abuse its discretion in denying the inmate's motions for appointment of counsel and for the issuance of subpoenas to compel physician testimony.
• Odessa L. Reeves v. Claiborne Cnty. Bd. OF Educ.
  828 F.2d 1096· 5th Cir.· 1987-10-05 ·cited 18×·via 42 U.S.C. § 1983 Liability
  The court held that a public employee's truthful testimony in a civil lawsuit, even if neutral, constitutes protected speech under the First Amendment, and retaliation for such testimony warrants back pay and reinstatement.
• Dace v. Mickelson
  816 F.2d 1277· 8th Cir.· 1987-04-28 ·cited 18×
• Palmer v. City OF SAN Antonio
  810 F.2d 514· 5th Cir.· 1987-02-23 ·cited 18×·via 42 U.S.C. § 1983 Liability
  The court held that the district court erred in dismissing the claims against the individual officers in their individual capacities, but correctly dismissed the claim against the city due to insufficient allegations of policy or custom.
• Coleman v. Smith
  814 F.2d 1142· 7th Cir.· 1987-01-20 ·cited 18×
  The court holds that the Village of Robbins is not liable for acts of its officials that are clearly outside the scope of their employment, distinguishing this case from prior precedent.
• Cunningham v. The City OF McKEESPORT
  807 F.2d 49· 3d Cir.· 1986-12-12 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Action
  The court reinstated its prior order reversing the district court's judgment, finding that the Supreme Court's opinion in City of Riverside v. Rivera did not alter the prior panel's reasoning regarding attorney's fees.
• Jong Hee Small v. The Inhabitants OF the City OF Belfast & James Murphy
  796 F.2d 544· 1st Cir.· 1986-06-27 ·cited 18×
• Chicago & N. W. Transp. Co. v. Ulery
  787 F.2d 1239· 8th Cir.· 1986-04-02 ·cited 18×
  The court held that the order denying summary judgment based on qualified immunity is not immediately appealable when the defendants are private parties, not public officials.
• Bunyan v. Camacho
  770 F.2d 773· 9th Cir.· 1985-09-03 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Action
  A Guam statute granting retroactive retirement credit only to residents who began college before moving to Guam violates the Equal Protection Clause because the distinction between residents is not rationally related to a legitimate governmental purpose.
• Gargiulo v. Delsole
  769 F.2d 77· 2d Cir.· 1985-07-29 ·cited 18×
  The court held that a jury demand on the face of a pleading complies with Fed.R.Civ.P. 38(b) and that parties do not waive their right to a jury trial by proceeding with a bench trial after the court denies their timely jury demand.
• Mark v. Caldwell
  754 F.2d 1260· 5th Cir.· 1985-03-11 ·cited 18×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the alleged slapping, even if true, did not rise to the level of severe injury required for a § 1983 excessive force claim.
• Fraser v. Bethel Sch. Dist. NO. 403
  755 F.2d 1356· 9th Cir.· 1985-03-04 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Action
  The dissenting judge argues that school authorities have the power to discipline students for indecent speech, even if it does not meet the 'substantial disruption' standard from Tinker v. Des Moines, because schools are unique environments with special needs.
• Walden v. Wishengrad
  745 F.2d 149· 2d Cir.· 1984-09-18 ·cited 18×·via 42 U.S.C. § 1983 Liability
  A government attorney performing duties analogous to a prosecutor, such as initiating proceedings to secure a witness's appearance, is entitled to absolute immunity from liability under 42 U.S.C. § 1983. Local governmental bodies cannot be held liable under § 1983 based on respon
• Harris v. T.J. Forsyth and F. Christensen
  742 F.2d 1277· 11th Cir.· 1984-09-14 ·cited 18×
  Costs may be assessed against an appellant proceeding in forma pauperis, but the decision to award costs is within the appellate court's discretion.
• Ardith McPherson v. Rankin
  736 F.2d 175· 5th Cir.· 1984-07-12 ·cited 18×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  Summary judgment was inappropriate because substantial issues of material fact exist regarding the context and intent of the plaintiff's statement, which are crucial for determining First Amendment protection.
• Irving v. Thigpen
  732 F.2d 1215· 5th Cir.· 1984-05-07 ·cited 18×
  The court held that the Mississippi parole statute does not create a constitutionally protected liberty interest, thus precluding a due process claim. However, an equal protection claim based on racial discrimination requires exhaustion of state remedies.
• Johnson v. McKASKLE
  727 F.2d 498· 5th Cir.· 1984-03-23 ·cited 18×
  The district court erred in dismissing a prisoner's § 1983 action with prejudice based on res judicata, as claims arising after the Ruiz v. Estelle judgment could not have been litigated in that class action.
• Slayton v. Willingham
  726 F.2d 631· 10th Cir.· 1984-01-27 ·cited 18×·via Section 1983
  A nolo contendere plea in a state criminal case does not automatically bar a subsequent federal civil rights action under § 1983 for alleged constitutional violations, and the right to privacy can encompass avoiding disclosure of personal matters.
• Alexander v. Ware
  714 F.2d 416· 5th Cir.· 1983-08-26 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Action
  A prisoner's civil rights complaint challenging a prison's disciplinary system for procedural due process violations is not barred by the habeas corpus exclusivity rule, even if it impacts good time credit.
• Burke v. Guiney
  700 F.2d 767· 1st Cir.· 1983-02-18 ·cited 18×
  The court held that the plaintiff's statements did not violate the settlement agreement, thus denying contempt sanctions, and that the plaintiff is entitled to post-judgment interest. The court remanded the attorney's fees issue for further explanation.
• Edwards H. Metcalf v. Borba
  681 F.2d 1183· 9th Cir.· 1982-07-22 ·cited 18×
  A postjudgment request for attorney's fees under 42 U.S.C. § 1988 is not subject to the ten-day time limit of Federal Rule of Civil Procedure 59(e) or local rules governing routine costs.
• Lennie Crosby v. Bowling
  683 F.2d 1068· 7th Cir.· 1982-07-20 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiffs were prevailing parties entitled to attorney's fees under 42 U.S.C. § 1988, that no special circumstances rendered the award unjust, and that the district court did not abuse its discretion in the amount awarded.
• Alden Werch v. City OF Berlin
  673 F.2d 192· 7th Cir.· 1982-03-17 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court correctly dismissed the section 1983 suit for lack of subject matter jurisdiction due to the availability of adequate state remedies and properly awarded attorney's fees for a frivolous action.
• Mills v. Officer Jack Smith
  656 F.2d 337· 8th Cir.· 1981-08-12 ·cited 18×
  The court held that the district court did not err in finding the shooting accidental and that the plaintiff did not prove deliberate indifference to his medical needs, thus affirming the judgment for the defendants.
• Harbulak v. Cnty. OF Suffolk
  654 F.2d 194· 2d Cir.· 1981-07-15 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court abused its discretion in denying attorney's fees to the prevailing defendant because the civil rights action brought was frivolous and without foundation.
• Frazier M. Gibson, Jr. v. Lynch
  652 F.2d 348· 3d Cir.· 1981-06-26 ·cited 18×
  The court held that the prisoner's confinement in administrative quarantine due to a housing shortage did not violate his Fourteenth Amendment due process rights, as New Jersey law did not create a liberty interest in avoiding such confinement.
• Wright v. Cuyler
  624 F.2d 455· 3d Cir.· 1980-06-30 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Action
  Denial of admission to a home furlough program is a condition of confinement, not a challenge to the duration of imprisonment, and can be pursued under 42 U.S.C. § 1983 without exhausting state remedies.
• Crumley v. Snead
  620 F.2d 481· 5th Cir.· 1980-06-30 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a sheriff's delivery of a prisoner to another state while a habeas corpus petition challenging extradition was pending violates federal law and gives rise to a civil rights action.
• Concerned Jewish Youth v. McGUIRE
  621 F.2d 471· 2d Cir.· 1980-03-27 ·cited 18×
  The court held that the police's broad, unspecific restrictions on First Amendment activity, based on an outdated order and without individualized assessment, constituted an unlawful prior restraint and violated constitutional rights.
• Bayou Landing, Ltd. v. Watts
  563 F.2d 1172· 5th Cir.· 1977-11-28 ·cited 18×
  The court held that the city council's actions in withholding an occupancy permit and revoking occupational licenses for adult bookstores, based on community disapproval and without proper procedural safeguards, violated the First Amendment.
• Drone v. Hutto
  565 F.2d 543· 8th Cir.· 1977-11-28 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a prisoner who demanded a jury trial in his complaint, asserting both legal and equitable claims, was entitled to a jury trial on the legal issues, and the trial court erred in denying this right based on a local rule suggestion.
• Richardson v. McCLUNG
  559 F.2d 395· 5th Cir.· 1977-09-19 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the trial court did not abuse its discretion in its evidentiary rulings or jury instructions.
• Byrd v. Gain
  558 F.2d 553· 9th Cir.· 1977-08-02 ·cited 18×
  The First Amendment does not guarantee police officers an unqualified right to publicly criticize their department and superiors in a manner calculated to inflame the public or adversely affect departmental morale and discipline.
• McDONALD v. State OF Ill.
  557 F.2d 596· 7th Cir.· 1977-06-15 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the State of Illinois is immune from suit in federal court under the Eleventh Amendment, and that while defendant Weil's actions may have deprived plaintiff of a constitutional right, claims against municipalities under § 1983 require a policy or custom, not j
• Minns v. Paul
  542 F.2d 899· 4th Cir.· 1976-08-09 ·cited 18×·via 42 U.S.C. § 1983 Litigation
  Court-appointed attorneys acting within the scope of their duties are entitled to absolute immunity from suits under 42 U.S.C. § 1983.
• Stebbins v. Weaver
  537 F.2d 939· 7th Cir.· 1976-07-07 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the dismissal, holding that the plaintiff did not possess a property or liberty interest sufficient to trigger Fourteenth Amendment procedural protections regarding the denial of tenure.
• Apolinar Navarette, Jr. v. Jiro J. Enomoto
  536 F.2d 277· 9th Cir.· 1976-02-09 ·cited 18×·via 42 U.S.C. § 1983 Liability
  The court held that a prisoner's allegations of mail interference and termination of privileges for legal activities, if proven, state a claim under 42 U.S.C. § 1983, and that negligent deprivation of rights can be actionable under § 1983. Claims based on respondeat superior were
• Leonard v. Miss. State Prob. & Parole Bd.
  509 F.2d 820· 5th Cir.· 1975-03-17 ·cited 18×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the decision in Gates v. Collier should not be applied retroactively to require expungement of pre-Gates prison disciplinary records, and that the class action was properly brought under § 1983.
• Calderon v. United Furniture Co.
  505 F.2d 950· 5th Cir.· 1974-12-30 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the Texas statute allowing secured party repossession without judicial process is constitutional, similar to prior rulings on Mississippi and Alabama statutes.
• Palmigiano v. Mullen
  491 F.2d 978· 1st Cir.· 1974-02-19 ·cited 18×
  A prisoner need not exhaust state judicial remedies before bringing a § 1983 action for damages. The district court erred in granting summary judgment solely on this ground.
• McMILLAN v. The Bd. OF Educ. OF the State OF NEW York
  430 F.2d 1145· 2d Cir.· 1970-08-03 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the claims regarding the $2000 limit on state assistance for private education of handicapped children were sufficiently substantial to require a three-judge court.
• Sunflower Cnty. Colored Baptist Ass'n v. Trs. of Indianola Mun. Separate Sch. Dist.
  369 F.2d 795· 5th Cir.· 1966-12-01 ·cited 18×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the allegations in the removal petition were insufficient to meet the conditions for removal under 28 U.S.C. § 1443, as the eminent domain proceedings did not present a situation where federal rights would inevitably be denied.
• Del Castillo v. Sec'y, Fla. Dep't of Health
  26 F.4th 1214· 11th Cir.· 2022-02-18 ·cited 17×
  The Eleventh Circuit held that Florida's Dietetics and Nutrition Practice Act, as applied to the plaintiff, did not violate her First Amendment free speech rights because it regulated professional conduct with only an incidental effect on speech, and this reasoning from Locke v.
• Ondrey v. Patterson
  884 So. 2d 50· Fla. 2d DCA· 2004-02-27 ·cited 17×·via 42 U.S.C. § 1983 Liability
  A corrections officer sought immunity from a wrongful death lawsuit arising from an inmate's suicide in jail custody. The court held that disputed factual evidence about whether the officer disregarded the inmate's known suicide risk precluded summary judgment on both sovereign i
• Int'l Soc'y FOR Krishna Consciousness, Inc. v. LEE
  925 F.2d 576· 2d Cir.· 1991-02-08 ·cited 17×
  The court denied rehearing en banc.
• Charles v. Scotty Baesler
  910 F.2d 1349· 6th Cir.· 1990-08-14 ·cited 17×
  Substantive due process does not protect ordinary state-created contract rights, and a simple breach of contract by a government entity does not violate the Contracts Clause if state remedies remain available.
• NIX v. Norman
  879 F.2d 429· 8th Cir.· 1989-07-19 ·cited 17×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the Eleventh Amendment bars monetary damages against state officials in their official capacity, but prospective injunctive relief is permissible. The complaint did not clearly state a claim against the defendant in his individual capacity.
• Figueroa-Rodriguez v. Aquino
  863 F.2d 1037· 1st Cir.· 1988-12-09 ·cited 17×
  The court held that the defendant Aquino was entitled to qualified immunity from damages because it was not clearly established in 1985 that political affiliation was inappropriate for the plaintiff's position. The court also remanded the back pay award issue to determine Elevent
• White v. Farrier
  849 F.2d 322· 8th Cir.· 1988-06-13 ·cited 17×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that genuine issues of material fact existed regarding whether the inmate was a transsexual and whether prison officials were deliberately indifferent to his medical needs, precluding summary judgment.
• Lucien Sherrod v. Berry
  827 F.2d 195· 7th Cir.· 1987-08-20 ·cited 17×·via 42 U.S.C. § 1983 Liability
  The court held that the admission of evidence that the suspect was unarmed after the shooting was prejudicial and irrelevant, and that the jury instructions regarding prior misconduct were improper.