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

• Smith v. Snow
  722 F.2d 630· 11th Cir.· 1983-12-14 ·cited 6×
  The court held that the Georgia Parole Board's unfettered discretion in clemency proceedings means no constitutional right to procedural due process or Eighth Amendment protection against arbitrary application of the death penalty at this stage.
• Preston "Harold" Daigre v. Maggio
  719 F.2d 1310· 5th Cir.· 1983-11-21 ·cited 6×
  The court held that the prisoner's constitutional rights were not violated by the disciplinary punishment or the conditions of his administrative and punitive lockdown.
• Wendell P. Engelstad, M.D. v. Va. Mun. Hosp. & Va. Hosp. Comm'n
  718 F.2d 262· 8th Cir.· 1983-09-29 ·cited 6×
  A hospital director's position, based on an oral contract terminable at will, does not create a protectible property interest for due process purposes. Termination of such a directorship does not constitute a reduction or termination of staff privileges unless the privileges them
• Milton Lubin, M.D. v. Crittenden Hosp. Ass'n
  713 F.2d 414· 8th Cir.· 1983-08-09 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The disciplinary action by a private hospital against a physician does not constitute state action, even with public funding and regulation, absent a sufficiently close nexus between the state and the specific challenged action.
• Eakins v. Amos Reed
  710 F.2d 184· 4th Cir.· 1983-06-24 ·cited 6×
  The court held that while Hinton was properly joined as a defendant, the procedure used violated his due process rights, requiring a new trial.
• Campbell v. Cook
  706 F.2d 1084· 10th Cir.· 1983-05-18 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a prevailing defendant in a frivolous § 1983 action can recover attorney fees under § 1988, even if the fees are sought by the indemnifying municipality.
• Pool v. Wyrick
  703 F.2d 1064· 8th Cir.· 1983-04-06 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a significant delay in state post-conviction proceedings may justify waiving the exhaustion requirement for federal habeas corpus relief and that a § 1983 claim based on such delay becomes ripe when the state proceedings are resolved or a specific timeframe ex
• Bailey M. Smith v. The City OF Okla. City
  696 F.2d 784· 10th Cir.· 1983-01-05 ·cited 6×
  The court held that an arrest warrant based on computer data showing current vehicle ownership, without confirming ownership at the time of the parking violations, violates the Fourth Amendment's probable cause requirement.
• Salinas v. Chief Harold Breier
  695 F.2d 1073· 7th Cir.· 1982-12-22 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The concurring judge concurs based on the assumption of probable cause for the arrests, which would preclude a constitutional tort claim.
• Jordan v. Multnomah Cnty.
  694 F.2d 1156· 9th Cir.· 1982-12-16 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  A prevailing plaintiff in a civil rights action may be awarded attorneys' fees for time spent on unsuccessful but related claims, even if those claims went to trial.
• Branchcomb v. Lou Brewer
  683 F.2d 251· 8th Cir.· 1982-07-14 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that the trial court's finding of no deliberate indifference by the named defendants was not clearly erroneous, but vacated the dismissal of claims against two other defendants based on a change in the applicable statute of limitations.
• Hines v. Bd. OF Educ. OF Covington
  667 F.2d 564· 6th Cir.· 1982-01-08 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the dismissal of the civil rights action, holding it was barred by the applicable statute of limitations.
• Davis v. Rendell
  659 F.2d 374· 3d Cir.· 1981-09-15 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court should address the prosecutor's immunity defense in the first instance, and that the case should be remanded for further proceedings.
• Hummer v. Dalton
  657 F.2d 621· 4th Cir.· 1981-08-26 ·cited 6×
  The court held that the district court's procedural errors in granting summary judgment did not prejudice the plaintiff, and his claims lacked merit.
• Otha Lee Conley v. Off. of the Pub. Def.
  653 F.2d 1241· 8th Cir.· 1981-07-21 ·cited 6×·via 42 U.S.C. § 1983 Liability
  Witnesses are absolutely immune from civil rights actions under 42 U.S.C. § 1983 for testimony given in judicial proceedings.
• Powell v. Levit
  640 F.2d 239· 9th Cir.· 1981-02-19 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the admission of evidence of the plaintiff's prior juvenile adjudication and a sixteen-year-old criminal conviction was prejudicial error.
• Lucsik v. Bd. OF Educ. OF the Brunswick City Sch. Dist.
  621 F.2d 841· 6th Cir.· 1980-05-22 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that a § 1983 claim cannot be based on attorneys' conduct in civil litigation unless malice is alleged and proven, as parties are generally free to resort to the courts.
• Fayle v. Stapley
  607 F.2d 858· 9th Cir.· 1979-11-05 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that while the state statutes themselves were constitutional, the application of those statutes to deprive Fayle of property without notice and a hearing violated his due process rights. The court also affirmed the dismissal of the claim against one defendant due t
• Saladino v. Winkler
  609 F.2d 1211· 7th Cir.· 1979-10-29 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the admission of evidence regarding the plaintiff's relationship with a witness, prior inconsistent statements, intoxication, and awareness of unlawful conduct was proper and did not deprive the plaintiff of a fair trial.
• Harris v. Wilters
  596 F.2d 678· 5th Cir.· 1979-06-08 ·cited 6×
  The trial court did not abuse its discretion in denying appellant's motion for a mandatory preliminary injunction to fund his state coram nobis proceeding.
• Claud M. Brown v. Vermillion
  593 F.2d 321· 8th Cir.· 1979-02-23 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that claims directly seeking release or reconsideration of parole must be brought as a habeas corpus petition, but other claims for injunctive and declaratory relief regarding due process standards are not exclusively habeas corpus.
• Hurst v. Phelps
  579 F.2d 940· 5th Cir.· 1978-09-08 ·cited 6×
  The court held that the procedure used to dismiss the inmate's § 1983 action, which relied on ex parte administrative reports without allowing responsive pleadings, was improper.
• Pence v. Rosenquist
  573 F.2d 395· 7th Cir.· 1978-02-02 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that the employer's inconsistent actions regarding the plaintiff's appearance were arbitrary and thus a deprivation of liberty.
• Bette Bonn Ledwith and Evelyn Parker v. Douglas
  568 F.2d 117· 8th Cir.· 1978-01-17 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that appellants' civil rights claims were barred by prosecutorial immunity, abstention doctrines, and failure to allege class-based animus.
• Coralluzzo v. NEW York State Parole Bd. & Members of the N.Y. State Parole Bd.
  566 F.2d 375· 2d Cir.· 1977-07-28 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The New York State Parole Board must provide a statement of reasons when determining a minimum period of imprisonment (MPI) that exceeds the statutory minimum, and under specific circumstances, a prisoner must be granted access to the evidence in his file.
• Williams v. State OF Wash.
  554 F.2d 369· 9th Cir.· 1977-05-19 ·cited 6×
  Federal courts should not intervene in pending state proceedings absent extraordinary circumstances, such as bad faith or flagrant constitutional violations.
• Butler v. Cooper
  554 F.2d 645· 4th Cir.· 1977-05-16 ·cited 6×
  The court held that a plaintiff alleging racial discrimination in law enforcement must provide more than statistical evidence of disproportionate arrests; they must show a deliberate, race-based selective enforcement policy or plan.
• Snell v. Short
  544 F.2d 1289· 5th Cir.· 1977-01-10 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the analogy to common law conversion was inappropriate for determining the accrual of a § 1983 claim regarding seized evidence.
• Shaw v. The Bd. OF Trs. OF the Frederick Cmty. Coll.
  549 F.2d 929· 4th Cir.· 1976-12-29 ·cited 6×
  The court held that the college's dismissal of professors for protesting employment policies violated their First Amendment rights and denied them equal protection.
• Holt v. Moore
  541 F.2d 460· 4th Cir.· 1976-09-22 ·cited 6×
  The court held that the plaintiff, having been released from state custody and his individual claims for equitable relief severed, lacked standing to represent the class, rendering the class action moot.
• ROE v. Norton
  522 F.2d 928· 2d Cir.· 1975-07-31 ·cited 6×
  The court held that the lower court erred in determining that Title XIX requires Medicaid payments for elective abortions, but the majority's interpretation that Title XIX permits such payments is also flawed.
• Friedlander v. Joseph Cimino, M.D.
  520 F.2d 318· 2d Cir.· 1975-07-09 ·cited 6×·via § 1983 Suit
  The court held that the complaint sufficiently alleged purposeful discrimination to establish a substantial federal question, thus reversing the dismissal.
• Bedrosian v. Mintz
  518 F.2d 396· 2d Cir.· 1975-06-20 ·cited 6×
  The court held that the district court properly dismissed the action because federal courts should not interfere with state court proceedings absent substantial irreparable injury, and the state's refusal to appoint out-of-state counsel was a rational exercise of discretion not v
• Mills v. Sullivan
  501 F.2d 939· 5th Cir.· 1974-10-04 ·cited 6×
  The court held that the district court's dismissal must be vacated and remanded for reconsideration in light of recent Supreme Court decisions on prisoner mail processing.
• Jorden v. Metro. Utils. Dist.
  498 F.2d 514· 8th Cir.· 1974-06-14 ·cited 6×·via 42 U.S.C. § 1983 Liability
  A municipal corporation is not a 'person' amenable to suit under 42 U.S.C. § 1983, regardless of whether it performs governmental or proprietary functions.
• Scott v. Jones
  492 F.2d 130· 5th Cir.· 1974-04-04 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the prisoner's transfer to state prison rendered his claims against county jail officials moot.
• Roots v. Callahan
  475 F.2d 751· 5th Cir.· 1973-03-20 ·cited 6×
  The court held that while the district court erred in its jurisdictional basis, the dismissal was nonetheless proper because a writ of mandamus would not lie to compel a discretionary duty.
• Arunga v. Sgt. Weldon
  469 F.2d 675· 9th Cir.· 1972-11-15 ·cited 6×·via 42 U.S.C. § 1983 Liability
• Devlin v. Sosbe
  465 F.2d 169· 7th Cir.· 1972-07-31 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that while the district court had jurisdiction, it properly declined to exercise it by abstaining, allowing state courts to interpret the ordinance.
• Reverend Francis X. Lawlor v. Bd. OF Educ. OF the City OF Chicago
  458 F.2d 660· 7th Cir.· 1972-04-10 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the complaint's allegations, even taken as true, do not demonstrate a deprivation of constitutional rights necessary to sustain a civil rights action.
• Spencer v. Kugler
  454 F.2d 839· 3d Cir.· 1972-01-24 ·cited 6×
  The court held that the single district judge did not err in dismissing Count One because the matter had already been adjudicated by a three-judge court, and the relief sought was injunctive in nature, not purely declaratory.
• Contreras v. Merced High Sch. Dist.
  415 F.2d 771· 9th Cir.· 1969-08-13 ·cited 6×
• Bennett v. Allen
  396 F.2d 788· 9th Cir.· 1968-06-12 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the complaint, seeking to invalidate a state conviction and restrain incarceration, should have been treated as a petition for a writ of habeas corpus, not a civil rights action.
• Marshall v. Sawyer
  365 F.2d 105· 9th Cir.· 1966-08-10 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a plaintiff who concedes the correctness of an administrative determination of adjudicative facts cannot claim a denial of due process for lack of an evidentiary hearing. Furthermore, the court found that the plaintiff's exclusion from gaming establishments, b
• Erlich v. Juda Glasner
  352 F.2d 119· 9th Cir.· 1965-10-26 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court's dismissal order was improper because it failed to state the grounds for dismissal, preventing the plaintiff from making an informed decision about amending the complaint.
• Warren v. DeSantis
  90 F.4th 1115· 11th Cir.· 2024-01-11 ·cited 5×·via 42 U.S.C. § 1983 Civil Rights Action
  Florida Governor Ron DeSantis violated the First Amendment by suspending elected state attorney Andrew Warren in retaliation for Warren's political advocacy, including his signing statements supporting abortion rights and transgender care rights, and for his status as a reform pr
• Cent. Fla. Invs., Inc. v. Orange Cnty. Code Enf't Bd.
  790 So. 2d 593· Fla. 5th DCA· 2001-08-03 ·cited 5×·via 42 U.S.C. § 1983 Civil Rights Action
  Central Florida Investments and affiliated entities appealed the dismissal of their lawsuit against Orange County for failure to exhaust administrative remedies before challenging the County's denial of their amendment request to operate motorized boats and jet skis on Big Sand L
• Connor v. Halifax Hosp. Med. Ctr.
  135 F. Supp. 2d 1198· M.D. Fla.· 2001-03-05 ·cited 5×·via 42 U.S.C. § 1983 Liability
  The court adopted the Magistrate Judge's Report and Recommendation, granting most motions to dismiss except for the fifth count against Halifax Medical Center Foundation, Inc., and granting plaintiffs leave to amend their complaint.
• Hernandez v. Metro-Dade Cnty.
  992 F. Supp. 1365· S.D. Fla.· 1997-05-07 ·cited 5×·via 42 U.S.C. § 1983 Liability
  The court held that a Section 1983 claim against the City for deliberate indifference, a false arrest/imprisonment claim against the City, and a false arrest/imprisonment claim against the officer could proceed, but a negligence claim against the City was dismissed.
• Nash v. Consol. City of Jacksonville
  895 F. Supp. 1536· M.D. Fla.· 1995-08-04 ·cited 5×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiff established a prima facie case of disparate impact due to the City's history of discrimination, even though statistical evidence alone was insufficient. The court also found that the City failed to meet its burden of proving the challenged practi