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

• Davis v. Benny Fisher
  546 F.2d 66· 5th Cir.· 1977-01-26 ·via § 1983
  The court held that a prisoner's pro se claim of unpaid labor sufficiently states a constitutional claim, while denial of counsel requires habeas corpus and exhaustion of state remedies.
• Leavy Campbell v. Cousins
  524 F.2d 925· 5th Cir.· 1975-12-12 ·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the district court's findings were not clearly erroneous and that the prisoner's due process claims were foreclosed by case law limiting the retroactive application of Wolff v. McDonnell.
• Schott v. Fornoff
  515 F.2d 344· 4th Cir.· 1975-04-09 ·via 42 U.S.C. § 1983 Liability
  The court held that the police department's haircut regulation was so extreme that it lacked a rational relationship to an efficient police department and was therefore arbitrary and capricious.
• Goldberg v. Arrow Elecs., Inc.
  512 F.2d 1258· 2d Cir.· 1975-03-25
  The court held that New York Business Corporation Law § 623(e) is a rational scheme and does not violate due process, even when a merger is abandoned after a shareholder dissents.
• Cornelia Webster v. Alan R. Perry as Chairman & representative of the Bd. of Educ. of the Winston-Salem/Forsyth Cnty. Sch. Sys.
  512 F.2d 612· 4th Cir.· 1975-03-17 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court correctly abstained from deciding the vagueness and overbreadth claims pending state court construction, but erred in remanding the due process claim, which requires a three-judge panel.
• Gandy v. Panama City
  505 F.2d 630· 5th Cir.· 1974-12-23
  The court held that the handcuffing and transport of a juvenile for traffic offenses, under the given facts, did not constitute a constitutional violation actionable under § 1983, and affirmed summary judgment for the arresting officer.
• Gardner v. McCARTHY
  503 F.2d 733· 9th Cir.· 1974-08-13 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the due process standards announced in Gagnon v. Scarpelli regarding counsel at parole revocation proceedings apply prospectively only. The court also held that a civil rights action under 42 U.S.C. § 1983 is not the proper avenue to obtain release or a new re
• Burnett v. Dickerson
  485 F.2d 1249· 5th Cir.· 1973-11-01 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the jury's verdict was supported by the evidence and that the trial court did not err in its instructions or in failing to overturn the verdict.
• Greenmount Sales, Inc. v. Davila
  479 F.2d 591· 4th Cir.· 1973-05-23 ·via 42 U.S.C. § 1983 Civil Rights Action
  The First Amendment does not require a prior adversary judicial hearing before government authorities seize single copies of allegedly obscene publications for use as evidence in criminal prosecutions.
• Moynahan v. McDONALD
  471 F.2d 700· 2d Cir.· 1973-01-02 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a prosecutor's failure to disclose Grand Jury testimony did not violate Brady v. Maryland when the defendant was aware of the testimony and its substance prior to trial.
• Ozel Conley v. Dauer
  463 F.2d 63· 3d Cir.· 1972-04-17 ·via 42 U.S.C. § 1983 Civil Rights Action
• Manns v. The Honorable Lawrence L. Koontz
  451 F.2d 1344· 4th Cir.· 1971-11-30 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the district court's dismissal, holding that federal courts should not enjoin state criminal proceedings under the Younger abstention doctrine unless specific criteria for irreparable harm or patent unconstitutionality are met.
• Shan Sayles and Alix Cooperman v. Graham
  449 F.2d 783· 9th Cir.· 1971-10-05 ·via 42 U.S.C. § 1983 Civil Rights Action
  Federal courts should not interfere with state criminal prosecutions absent extraordinary circumstances, even if films were seized without a prior adversary hearing.
• Pruitt v. Campbell
  429 F.2d 642· 4th Cir.· 1970-07-16
  Federal courts are prohibited by 28 U.S.C. § 2283 from enjoining state court proceedings, and habeas corpus is the proper remedy for post-conviction relief, not declaratory judgment.
• Kimble v. Dep't OF Corr.
  411 F.2d 990· 6th Cir.· 1969-06-11 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the seizure of currency and its placement in the Inmate General Benefit Fund was a properly regulated prison administrative function, not a civil rights violation.