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

• Petersen v. Talisman Sugar Corp.
  478 F.2d 73· 5th Cir.· 1973-05-03 ·cited 24×
  The court held that the company's labor camp, functioning as a company town, is subject to First Amendment restraints, requiring reasonable access for the public to communicate with workers, and that the plaintiffs have standing to assert their own rights to disseminate informati
• Wilson v. Webster
  467 F.2d 1282· 9th Cir.· 1972-10-10 ·cited 24×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that while the refusal of injunctive relief was proper due to changed circumstances, the dismissal of the claim for cancellation of arrest records was premature and required a full hearing.
• LaFLEUR v. Cleveland Bd. OF Educ.
  465 F.2d 1184· 6th Cir.· 1972-07-27 ·cited 24×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The regulation requiring maternity leave prior to delivery is a permissible exercise of the Board's discretion and does not violate the Equal Protection Clause. However, the post-delivery waiting period lacks a rational basis.
• Rozecki v. Gaughan
  459 F.2d 6· 1st Cir.· 1972-04-26 ·cited 24×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the inadequacy of heating, even if unintentional, can constitute cruel and unusual punishment cognizable under the Civil Rights Act, and the defendants' good faith efforts do not excuse equitable relief.
• Breeden v. Hunter P. Jackson
  457 F.2d 578· 4th Cir.· 1972-03-21 ·cited 24×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the prisoner's claims of deprivations in maximum security did not rise to constitutional dimensions and were therefore not actionable.
• United States ex rel. Edwin Gockley v. Myers
  450 F.2d 232· 3d Cir.· 1971-09-20 ·cited 24×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the petitioner failed to demonstrate that his arrest was illegal or that his statements were coerced, and therefore, he was not entitled to federal habeas corpus relief.
• Tredwell A. Harrison and M. Gale Harrison v. Brooks
  446 F.2d 404· 1st Cir.· 1971-07-27 ·cited 24×
  The court held that the district court erred in dismissing Counts IX and X for lack of jurisdiction, finding sufficient allegations of purposeful discrimination under 42 U.S.C. § 1985(3) and related jurisdictional statutes.
• Fletcher v. Hook
  446 F.2d 14· 3d Cir.· 1971-05-17 ·cited 24×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that a state prisoner's malpractice claim against his appointed counsel is not cognizable under the Civil Rights Act, and a perjury claim was properly dismissed.
• Wilwording v. Swenson
  439 F.2d 1331· 8th Cir.· 1971-03-16 ·cited 24×·via Civil Rights Act (42 U.S.C. § 1983)
  Prisoners must exhaust all available state judicial remedies, including mandamus, prohibition, and injunction, before seeking equitable relief in federal court for conditions of confinement, even if those conditions might be cognizable under federal habeas corpus.
• MacDONALD v. Musick
  425 F.2d 373· 9th Cir.· 1970-04-20 ·cited 24×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The dissenting judge believes the majority's approach is unrealistic and would affirm the district court's judgment.
• Marland v. Heyse
  315 F.2d 312· 10th Cir.· 1963-03-26 ·cited 24×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that arrests made without probable cause, under the circumstances described, could constitute a deprivation of constitutional rights actionable under 42 U.S.C. § 1983, creating a jury question.
• Garcia v. Cristobal Reyes & The City of Fort Lauderdale
  697 So. 2d 549· Fla. 4th DCA· 1997-07-09 ·cited 23×
  Garcia appealed the dismissal of his complaint seeking damages for thirty months of wrongful imprisonment resulting from police misconduct in a reverse-sting operation. The court affirmed, holding that Florida law does not recognize a cause of action for money damages against the
• Ali Farred v. J.M. Hicks
  915 F.2d 1530· 11th Cir.· 1990-10-31 ·cited 23×
  The court held that the district court erred in dismissing official-capacity claims and applying collateral estoppel without proper notice, and that the police officers were not in privity with the state for collateral estoppel purposes under Georgia law.
• Powell v. Gardner
  891 F.2d 1039· 2d Cir.· 1989-12-13 ·cited 23×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the evidence was sufficient to allow a jury to find that Officer Gardner used excessive force, thus reversing the directed verdict against him. However, the court affirmed the directed verdict for the County on the § 1983 claim due to lack of evidence of a mun
• In re Epps
  888 F.2d 964· 2d Cir.· 1989-11-01 ·cited 23×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that the Northern District's Fee Order was unlawfully applied to Epps, and he may file his suit upon payment of a reduced fee of $6.
• Rosanna Drollinger and Nathan Drollinger v. Milligan
  552 F.2d 1220· 7th Cir.· 1977-04-04 ·cited 23×
  Rosanna's challenge to probation conditions must be brought as a habeas corpus petition, requiring exhaustion of state remedies, while Nathan's challenge to conditions affecting his family rights is a valid civil rights claim under § 1983.
• Grady Carroll Ouzts v. Md. Nat'l Ins. Co.
  505 F.2d 547· 9th Cir.· 1974-10-29 ·cited 23×
  The Ninth Circuit affirmed the district court's dismissal, holding that the bail bondsman's actions in forcibly apprehending the plaintiff and transporting him to Nevada did not constitute action "under color of state law." The court found that the bondsman's conduct was purely p
• United States ex rel. Harold Walker v. Mancusi
  467 F.2d 51· 2d Cir.· 1972-09-20 ·cited 23×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the segregation of inmates in a special housing unit did not violate their Eighth or Fourteenth Amendment rights, and the procedures used satisfied due process requirements.
• Strung v. Anderson
  452 F.2d 632· 9th Cir.· 1971-12-15 ·cited 23×
  The court held that a civil rights action under 42 U.S.C. § 1983 is barred by the statute of limitations if not filed within the applicable period, and the cause of action accrues at the time of the alleged violation, not upon subsequent judicial or prosecutorial actions.
• Keen v. Fla. Sheriffs' Self-Insurance Fund
  962 So. 2d 1021· Fla. 4th DCA· 2007-08-08 ·cited 22×·via 42 U.S.C. § 1983 Civil Rights Violations
  Angela Keen, sexually assaulted by a jail deputy while incarcerated, sued the Florida Sheriffs' Self-Insurance Fund for its refusal to defend or cover the deputy. The court affirmed summary judgment for the Fund, holding that the Fund's policy excludes coverage for criminal acts
• Smith v. Freland
  954 F.2d 343· 6th Cir.· 1992-01-06 ·cited 22×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officer's use of deadly force was reasonable under the Fourth Amendment, even if the suspect was surrounded, because the suspect posed a significant threat of serious physical harm to others.
• Andrews v. Deland
  943 F.2d 1162· 10th Cir.· 1991-08-23 ·cited 22×
  The dissenting judge argues that the petitioner has demonstrated cause for procedural default and that the state's procedural bar is inadequate, thus the claim of ineffective assistance of counsel should be heard on its merits.
• Davis v. Mason Cnty.
  927 F.2d 1473· 9th Cir.· 1991-03-12 ·cited 22×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the sheriff is not the final policymaker for deputy training under Washington law, and the jury instructions on municipal liability did not meet the deliberate indifference standard required by Canton v. Harris.
• Santiago v. Fenton
  891 F.2d 373· 1st Cir.· 1989-12-11 ·cited 22×
  The court held that the district court did not abuse its discretion in granting protective orders, that summary judgment for the city and police chief was appropriate, but that directed verdicts for one officer on claims of false arrest, imprisonment, and civil rights violations
• Thompson v. City OF LOS Angeles
  885 F.2d 1439· 9th Cir.· 1989-09-18 ·cited 22×
  The court held that the University of California Regents, as an arm of the state, is not a 'person' amenable to suit under 42 U.S.C. § 1983. The court also held that while the County's strip search, x-ray, and blood test policies were reasonable, its failure to provide a bed or m
• Jackson v. Warden Burl Cain
  864 F.2d 1235· 5th Cir.· 1989-02-09 ·cited 22×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that the district court did not err in granting summary judgment for the defendants on the procedural and substantive claims, as Jackson failed to demonstrate genuine issues of material fact or violations of his constitutional rights.
• Curtis v. Thompson
  840 F.2d 1291· 7th Cir.· 1988-02-05 ·cited 22×
  The court held that the district court erred by denying a preliminary injunction without addressing all five required factors, particularly given the constitutional nature of the claims.
• Cupit v. James "Sonny" Jones
  835 F.2d 82· 5th Cir.· 1987-12-24 ·cited 22×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court properly granted summary judgment for prison officials, as the plaintiff failed to demonstrate deliberate indifference to his serious medical needs or punitive conditions of confinement.
• Harper v. Jeffries
  808 F.2d 281· 3d Cir.· 1986-12-31 ·cited 22×·via 42 U.S.C. § 1983 Civil Rights Claim
  A federal court should not dismiss a § 1983 damages claim brought concurrently with a habeas corpus petition, even if state remedies for confinement have not been exhausted.
• Groseclose v. Dutton
  788 F.2d 356· 6th Cir.· 1986-04-14 ·cited 22×
  The court held that the district court's order requiring the submission of a remedial plan for unconstitutional prison conditions was neither a final judgment nor an appealable injunction, thus lacking appellate jurisdiction.
• O'Quinn v. Manuel
  773 F.2d 605· 5th Cir.· 1985-08-05 ·cited 22×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that the district court erred in dismissing the complaint for failure to state a claim, as the plaintiff's allegations, if true, could establish a violation of his constitutional rights. However, the dismissal for failure to state a claim is affirmed, but the case
• Harrison v. Byrd
  765 F.2d 501· 5th Cir.· 1985-07-15 ·cited 22×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court abused its discretion in denying the plaintiff's Rule 60(b) motion because it overlooked a timely filed affidavit that raised a material issue of fact regarding excessive force.
• Ford v. W.J. Estelle, Jr.
  740 F.2d 374· 5th Cir.· 1984-09-04 ·cited 22×
  The Magistrates Act does not authorize a district court to refer a prisoner's civil rights action to a United States magistrate for a jury trial without the parties' consent.
• Davidson v. Keenan
  740 F.2d 129· 2d Cir.· 1984-07-18 ·cited 22×
  The court held that the standard for awarding attorney's fees to prevailing defendants under 42 U.S.C. § 1988 requires objective bad faith by the plaintiff.
• Larsen v. Allyn R. Sielaff and Thomas R. Israel
  702 F.2d 116· 7th Cir.· 1983-03-15 ·cited 22×·via 42 U.S.C. § 1983 Civil Rights Claim
  A prisoner's civil rights suit that results in a consent decree granting relief only available in habeas corpus is functionally a habeas corpus proceeding, and thus attorney's fees under 42 U.S.C. § 1988 are not available.
• Montana v. Comm'rs Court
  659 F.2d 19· 5th Cir.· 1981-09-15 ·cited 22×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The district court's sua sponte dismissal of all of the inmate's claims was improper, as several claims stated potentially valid constitutional issues that required further proceedings.
• Reynaldo Tongol v. Usery
  601 F.2d 1091· 9th Cir.· 1979-08-06 ·cited 22×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the federal regulation prohibiting states from waiving recoupment of overpayments was invalid as exceeding the Secretary's statutory authority and conflicting with congressional intent to apply state law. The court also held that plaintiffs stated a claim unde
• Butler v. Goldblatt Bros., Inc.
  589 F.2d 323· 7th Cir.· 1978-12-29 ·cited 22×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that police officers lacked probable cause for warrantless arrests, making the good faith defense unavailable under § 1983, and that Goldblatt's mere provision of information to police did not constitute actionable participation in the arrests under either federal
• State of N.J. v. Chesimard
  555 F.2d 63· 3d Cir.· 1977-03-09 ·cited 22×
  The dissenting judge would find that federal intervention is permissible, either because the relief sought is collateral to the state criminal proceeding under Gerstein v. Pugh, or because exceptional circumstances warrant intervention under Younger v. Harris.
• Scharfenberger v. Wingo
  542 F.2d 328· 6th Cir.· 1976-09-23 ·cited 22×
  The court held that the district court erred in granting judgment n.o.v. because the jury could reasonably have concluded that prison officials disregarded medical advice and that timely treatment might have saved a greater portion of the plaintiff's arm.
• Carpenter v. State OF S.D.
  536 F.2d 759· 8th Cir.· 1976-06-03 ·cited 22×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court should reverse and remand for an inquiry into the prison censorship board's judgment that the material is detrimental to rehabilitation and that total censorship is the least restrictive means.
• Thomas v. Warden Frank J. Pate
  516 F.2d 889· 7th Cir.· 1975-03-25 ·cited 22×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
• Lynward James Daye, Jr. v. Bounds
  509 F.2d 66· 4th Cir.· 1975-01-16 ·cited 22×
  The court affirmed the district court's dismissal of the action as frivolous, finding that the plaintiff's allegations lacked merit and constituted an abuse of process.
• Grant v. Hogan
  505 F.2d 1220· 3d Cir.· 1974-11-20 ·cited 22×·via Civil Rights Act (42 U.S.C. § 1983)
  A federal prisoner must first pursue remedies under the Interstate Agreement on Detainers before seeking relief from a state detainer in federal court.
• Davis v. Weir
  497 F.2d 139· 5th Cir.· 1974-07-18 ·cited 22×
  The court held that refusing water service to new applicants based on a third party's unpaid water bill violates the Equal Protection Clause of the Fourteenth Amendment, but modified the class definition to be more specific.
• The Oneida Indian Nation OF NEW York State v. The Cnty. OF Oneida
  464 F.2d 916· 2d Cir.· 1972-07-12 ·cited 22×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court should interpret "arising under" jurisdiction broadly for Indian tribes under 28 U.S.C. § 1362, allowing federal court adjudication of treaty-based claims.
• McGUANE v. Chenango Court, Inc.
  431 F.2d 1189· 2d Cir.· 1970-09-22 ·cited 22×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that receipt of federal mortgage insurance does not constitute state action for purposes of the Civil Rights Act.
• Dacey v. N.Y. Cnty. Lawyers' Ass'n
  423 F.2d 188· 2d Cir.· 1969-12-08 ·cited 22×
  The court affirmed the dismissal of the complaint, agreeing that the Association had probable cause to initiate unauthorized practice proceedings.
• Banish v. Locks
  414 F.2d 638· 7th Cir.· 1969-07-16 ·cited 22×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the defendants were entitled to judgment as a matter of law because probable cause existed for the plaintiff's arrest, detention, and prosecution.
• Kadlec v. Ill. Bell Tel. Co.
  407 F.2d 624· 7th Cir.· 1969-02-25 ·cited 22×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the mere filing of regulations or licensing does not convert private action into action under color of state law for purposes of 42 U.S.C. § 1983.