42 U.S.C. § 1983 Civil Rights Action

943 Florida cases classified under this topic, plus 1,362 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Tramel v. Schrader
  505 F.2d 1310· 5th Cir.· 1975-01-06 ·cited 26×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that a three-judge court was not required and that the Tax Injunction Statute barred federal jurisdiction over the plaintiffs' challenge to special street improvement assessments.
• Artie Mahaley v. Cuyahoga Metro. Hous. Auth.
  500 F.2d 1087· 6th Cir.· 1974-07-09 ·cited 26×
  The court held that the single judge erred in finding a violation of Section 1983 and ordering relief against the municipalities, as their refusal to enter cooperation agreements was lawful under the Housing Act and did not constitute unconstitutional discrimination.
• Mandel v. Hutchinson
  494 F.2d 364· 9th Cir.· 1974-03-29 ·cited 26×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that federal courts lack jurisdiction to enjoin state tax collection when a plain, speedy, and efficient remedy exists in state courts, as mandated by 28 U.S.C. § 1341.
• Dorcas Bond and Barbara Baldwin v. Dentzer
  494 F.2d 302· 2d Cir.· 1974-03-13 ·cited 26×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The dissenting judge would affirm the lower court's decision, finding that wage assignment constitutes state action and violates due process.
• White v. Padgett
  475 F.2d 79· 5th Cir.· 1973-03-02 ·cited 26×
  The court held that the plaintiff's claim under 42 U.S.C. § 1983 was barred by the statute of limitations, and therefore did not reach the issue of defendants' immunity.
• Delone Martin v. Duffie
  463 F.2d 464· 10th Cir.· 1972-06-05 ·cited 26×
  The court held that in a § 1983 action for warrantless arrest, the plaintiff need only present a prima facie case of illegal arrest, and the burden shifts to the officers to prove probable cause as a defense.
• Winters v. Alan D. Miller, M.D.
  446 F.2d 65· 2d Cir.· 1971-05-26 ·cited 26×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the appellant's constitutional rights were not violated by fingerprinting and photographing, and that the trial court's grant of summary judgment for the defendants should be affirmed.
• Belknap v. Leary
  427 F.2d 496· 2d Cir.· 1970-05-29 ·cited 26×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that a temporary restraining order, even if short-lived, can be appealable if it functions as a mandatory injunction. However, the order in this case was vacated as an abuse of discretion.
• Harlan Clark Brown v. Strickler
  422 F.2d 1000· 6th Cir.· 1970-02-19 ·cited 26×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the district court erred in dismissing the students' suit sua sponte for lack of jurisdiction, as the complaint adequately alleged state action and a due process violation under the Civil Rights Act.
• Fear v. Commonwealth OF Pa. & R. K. Johnson
  413 F.2d 88· 3d Cir.· 1969-07-10 ·cited 26×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that a state is not a 'person' under 42 U.S.C. § 1983 and that a claim of improper medical care is legally insufficient to establish a denial of federal rights.
• Poer v. Jefferson Cnty. Comm'n
  100 F.4th 1325· 11th Cir.· 2024-05-01 ·cited 25×
  The Eleventh Circuit affirmed the district court's grant of summary judgment, finding no evidence that the plaintiff's termination or denial of transfer was based on race.
• W. Va. Univ. Hosps., Inc. v. Casey
  885 F.2d 11· 3d Cir.· 1989-09-05 ·cited 25×
  The court held that hospitals have private rights enforceable under 42 U.S.C. § 1983 for violations of the Medicaid Act's hospital reimbursement provisions.
• Nicki Arron Bonner v. Mr. Lewis
  857 F.2d 559· 9th Cir.· 1988-09-13 ·cited 25×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that genuine issues of material fact preclude summary judgment on the Rehabilitation Act claim and the due process claim, but affirmed summary judgment on the equal protection and Eighth Amendment claims. The dismissal of the Director was affirmed for Section 1983
• Freeman v. Rideout
  808 F.2d 949· 2d Cir.· 1986-12-30 ·cited 25×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The filing of unfounded charges against a prison inmate does not, per se, constitute a constitutional violation actionable under 42 U.S.C. § 1983, provided that the inmate receives the constitutionally required due process protections at a subsequent disciplinary hearing.
• Rivera v. Al Green
  775 F.2d 1381· 9th Cir.· 1985-11-08 ·cited 25×
  The court held that the Wilson v. Garcia decision, which mandates application of state personal injury statutes of limitations to § 1983 claims, should be applied retroactively. The court also held that certain defendants were immune or acted as private parties, thus failing to s
• Bertold J. Pembaur, M.D. v. City OF Cincinnati
  746 F.2d 337· 6th Cir.· 1984-10-18 ·cited 25×
  The court held that the prosecutor was entitled to good faith immunity and that the county was not liable for the sheriff's actions as no county policy was established. However, the dismissal of the claim against the city was vacated and remanded.
• Neeld v. Nat'l Hockey League
  594 F.2d 1297· 9th Cir.· 1979-04-11 ·cited 25×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the National Hockey League's by-law preventing a one-eyed player from participating was a reasonable restraint of trade, not an illegal boycott, and that state law claims lacked federal jurisdiction.
• Green v. Waterford Bd. OF Educ.
  473 F.2d 629· 2d Cir.· 1973-01-29 ·cited 25×
  A mandatory maternity leave provision that forces a physically capable pregnant teacher to take leave without considering her individual ability to teach violates the Equal Protection Clause of the Fourteenth Amendment.
• Romberg v. Nichols
  953 F.2d 1152· 9th Cir.· 1992-01-13 ·cited 24×
  The Rombergs are prevailing parties entitled to a fee award under 42 U.S.C. § 1988 because they succeeded on a significant issue that altered the legal relationship with the defendants.
• Trooper Alvin T. Pontarelli v. Stone
  930 F.2d 104· 1st Cir.· 1991-04-18 ·cited 24×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that a notice of appeal using "et al." is insufficient to confer appellate jurisdiction for unnamed parties and that mistaken reliance on "et al." does not constitute excusable neglect for extending the appeal deadline. The court also affirmed that sex discriminati
• Kirkland v. Northside Indep. Sch. Dist.
  890 F.2d 794· 5th Cir.· 1989-12-22 ·cited 24×
  A public school teacher's use of a non-approved supplemental reading list, without seeking administrative approval, does not constitute constitutionally protected speech on a matter of public concern.
• Phelps v. The Wichita Eagle-Beacon
  886 F.2d 1262· 10th Cir.· 1989-09-29 ·cited 24×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that plaintiff's Section 1981 and RICO claims were properly dismissed, but his Section 1985(3) claim and potentially his Section 1983 Equal Protection claim were not, and the state action issue for the Section 1983 claim requires further factual development.
• Gillihan v. Shillinger
  872 F.2d 935· 10th Cir.· 1989-04-12 ·cited 24×
  The court held that a prisoner stated a claim for deprivation of property without due process when funds were taken from his account pursuant to established policy, and that the district court erred in denying his motion to supplement his complaint.
• Earle v. Benoit
  850 F.2d 836· 1st Cir.· 1988-06-29 ·cited 24×
  The court held that the district court did not err in excluding evidence of town officers' statements due to lack of proven conspiracy, but erred in directing a verdict on the civil rights conspiracy claim, though this error was harmless.
• Justice v. Dennis
  834 F.2d 380· 4th Cir.· 1987-11-25 ·cited 24×
  The jury instruction imposing a substantive due process standard for an excessive force claim was error requiring remand for a new trial, as the claim properly invoked Fourth Amendment protections against unreasonable seizures.
• Healy v. Town OF Pembroke Park
  831 F.2d 989· 11th Cir.· 1987-11-05 ·cited 24×
  The court held that the prior administrative proceeding did not preclude the plaintiffs from seeking compensatory damages in federal court, but affirmed absolute legislative immunity for the mayor and commissioners, and remanded for consideration of attorneys' fees.
• Creamer v. Officer Lewis Porter
  754 F.2d 1311· 5th Cir.· 1985-03-15 ·cited 24×
  The court held that punitive damages under section 1983 require a showing of willful misconduct or conscious indifference to the rights of others, not merely gross negligence.
• Horsey v. Asher
  741 F.2d 209· 8th Cir.· 1984-08-23 ·cited 24×
  A complaint that states a claim upon which relief can be granted under Fed.R.Civ.P. 12(b)(6) cannot be dismissed as frivolous under 28 U.S.C. § 1915(d) simply because the plaintiff is a prisoner proceeding in forma pauperis.
• Scott v. City OF Sioux City
  736 F.2d 1207· 8th Cir.· 1984-06-08 ·cited 24×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the city's zoning ordinances enacted to further urban renewal goals were protected by state action immunity from federal antitrust claims, and that the constitutional claims were meritless.
• Jones v. W.J. Estelle, Jr.
  692 F.2d 380· 5th Cir.· 1982-11-29 ·cited 24×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that a petitioner must be given specific notice of a potential summary judgment and an opportunity to respond with factual support, but that the magistrate's show cause order satisfied these requirements in this case.
• Courtland Pitts v. Vaughn
  679 F.2d 311· 3d Cir.· 1982-05-26 ·cited 24×
  A non-lawyer, pro se litigant is not entitled to attorney's fees under 42 U.S.C. § 1988.
• Heritage Farms, Inc. v. Solebury Twp.
  671 F.2d 743· 3d Cir.· 1982-02-10 ·cited 24×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the district court erred in abstaining from exercising jurisdiction, as the case did not present unsettled state law questions or important state policies threatened by federal adjudication.
• Shirey v. Bensalem Twp. & Bristol Borough & Bristol Twp. & Buckingham Twp. & Falls Twp. & Middletown Twp. & Tullytown Borough & Warminster Twp. & City of Philadelphia & Police Chief Michaels
  663 F.2d 472· 3d Cir.· 1981-11-12 ·cited 24×·via Civil Rights Claims Under 42 U.S.C. § 1983
  The court held that an order dismissing a complaint as to one of multiple plaintiffs, without a Rule 54(b) certification, is not immediately appealable under 28 U.S.C. § 1291, nor is it an appealable interlocutory order denying an injunction under 28 U.S.C. § 1292(a)(1).
• Flint v. Haynes
  651 F.2d 970· 4th Cir.· 1981-06-19 ·cited 24×
  A district court may assess costs against civil rights litigants who have been granted leave to proceed in forma pauperis, as authorized by 28 U.S.C. § 1915(e).
• MAY v. Enomoto
  633 F.2d 164· 9th Cir.· 1980-11-19 ·cited 24×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that the statute of limitations was tolled and that the plaintiff failed to present evidence of deliberate indifference to serious medical needs, thus affirming the directed verdict.
• MacLin v. Deputy Sheriff Paulson
  627 F.2d 83· 7th Cir.· 1980-08-07 ·cited 24×
  The court held that the district court erred in dismissing the pro se plaintiff's complaints against the arresting officers and Police Chief Boone, as the allegations stated actionable claims under federal civil rights law.
• McMANAMA v. Lukhard
  616 F.2d 727· 4th Cir.· 1980-02-28 ·cited 24×
  The court held that the district court had jurisdiction and that the award of attorneys' fees was proper, but erred in compelling an interrogatory regarding legal aid eligibility, though this error was harmless.
• Hurney v. Carver
  602 F.2d 993· 1st Cir.· 1979-07-05 ·cited 24×·via 42 U.S.C. § 1983 Civil Rights Claim
  A prisoner's pro se complaint alleging denial of due process for denied witness requests at disciplinary hearings is insufficient to state a claim under 42 U.S.C. § 1983 unless it alleges the denial was for reasons unrelated to institutional security or correctional goals and con
• Shepherd v. Ciro Trevino
  575 F.2d 1110· 5th Cir.· 1978-06-30 ·cited 24×
  A state may constitutionally create a system for reenfranchising convicted felons that distinguishes between state and federal probationers, provided the classification bears a rational relationship to a legitimate state interest.
• Shields v. Jackson
  570 F.2d 284· 8th Cir.· 1978-02-16 ·cited 24×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the trial court should have appointed counsel for the indigent plaintiff, whose complaint stated a cause of action, to advance the proper administration of justice.
• Ellentuck v. Klein
  570 F.2d 414· 2d Cir.· 1978-01-04 ·cited 24×
  Plaintiffs' claims challenging a building permit, variance, and state court decisions on federal civil rights grounds were barred by res judicata and collateral estoppel because the New York Court of Appeals, applying the Kovarsky doctrine, had jurisdiction under CPLR § 103(c) to
• Schmidt v. Fremont Cnty. Sch. Dist. NO. 25
  558 F.2d 982· 10th Cir.· 1977-07-27 ·cited 24×
  The court held that the plaintiff's statements regarding internal school operations were not protected by the First Amendment and that his termination was not retaliatory, with the primary reason being poor school attendance.
• Person v. The Ass'n OF the BAR OF the City OF NEW York
  554 F.2d 534· 2d Cir.· 1977-04-29 ·cited 24×
  The court held that New York Disciplinary Rule 7-109 C, which prohibits attorneys from paying expert witnesses on a contingent fee basis, has a rational basis and does not violate the Fourteenth Amendment's due process or equal protection clauses.
• Getty v. Reed
  547 F.2d 971· 6th Cir.· 1977-01-05 ·cited 24×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that the district court had jurisdiction to hear the complaints, but that the due process claims in Collis' case were insubstantial. Getty's due process claims were also insubstantial, but his First Amendment claim required further consideration.
• Cruz v. Skelton
  543 F.2d 86· 5th Cir.· 1976-11-22 ·cited 24×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that a prisoner's mere expectation of parole is not a 'grievous loss' triggering constitutional due process protections, and the Equal Protection Clause does not require appointment of counsel for indigent parole applicants.
• United States v. Ill. Bell Tel. Co.
  531 F.2d 809· 7th Cir.· 1976-02-23 ·cited 24×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that a district court possesses inherent authority to compel a telephone company to provide assistance in installing a pen register, even if Title III of the Omnibus Crime Control and Safe Streets Act does not apply.
• Hanneman v. Breier
  528 F.2d 750· 7th Cir.· 1976-01-06 ·cited 24×·via Civil Rights Act (42 U.S.C. § 1983)
  Disciplinary action against police officers for disclosing a police investigation, after its existence was already public, violated their First and Fourteenth Amendment rights.
• Muzquiz v. City OF SAN Antonio
  520 F.2d 993· 5th Cir.· 1975-10-08 ·cited 24×
  The Pension Fund Board of Trustees is not a 'person' amenable to suit under 42 U.S.C. § 1983, but its individual members are. The no-refund provisions of the pension statute are constitutional.
• Bryan v. Werner
  516 F.2d 233· 3d Cir.· 1975-05-07 ·cited 24×
  Prison regulations restricting inmate law clinic assistance in suits against the institution and censoring outgoing mail may violate constitutional rights if they impede access to the courts without reasonable alternatives. The court affirmed the dismissal of some claims but reve
• Clark v. Ziedonis
  513 F.2d 79· 7th Cir.· 1975-03-26 ·cited 24×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court's finding that the officer used excessive force was not clearly erroneous, affirming the judgment.