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

• Potwora v. Dillon
  386 F.2d 74· 2d Cir.· 1967-11-15 ·cited 22×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the district court erred in denying a mandatory injunction for the return of books seized under a warrant, as state remedies were not adequate for prompt protection of First Amendment rights.
• Kent v. Prasse
  385 F.2d 406· 3d Cir.· 1967-11-14 ·cited 22×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that a state prisoner's injury sustained while working on dangerous equipment, for which the state provides no compensation, does not constitute a deprivation of a constitutionally protected property right actionable under the Civil Rights Act.
• Rivers v. Royster
  360 F.2d 592· 4th Cir.· 1966-04-25 ·cited 22×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that a prisoner's constitutional rights were abridged by the denial of a newspaper based on race, violating equal protection under the Fourteenth Amendment.
• Ream v. Handley
  359 F.2d 728· 7th Cir.· 1966-04-20 ·cited 22×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the district court correctly dismissed the case for lack of subject matter jurisdiction, as no genuine federal question or civil rights claim was presented.
• Striker v. Pancher
  317 F.2d 780· 6th Cir.· 1963-05-20 ·cited 22×
  A sheriff's advice to plead guilty, even without informing the defendant of their right to counsel, does not constitute a deprivation of constitutional rights actionable under 42 U.S.C. § 1983, absent threats or misuse of power.
• Mairs v. Peters
  52 So.2d 793· Fla.· 1951-05-25 ·cited 22×·via Civil Rights Act (42 U.S.C. § 1983)
  The Supreme Court of Florida affirmed a lower court's decision upholding a state law requiring candidates in primary elections to pledge loyalty to their party. The court found the law did not violate the U.S. Constitution or federal statutes, deeming it a reasonable regulation f
• Martin-Trigona v. Leander Shaw
  986 F.2d 1384· 11th Cir.· 1993-03-26 ·cited 21×
  Dr. Helen Martin-Trigona filed a § 1983 lawsuit against Florida officials on behalf of herself and her grandchildren, but the district court dismissed it for violating a permanent injunction issued against her son, Anthony Martin-Trigona, a notoriously vexatious litigant. The Ele
• Lee Woodward in bankruptcy v. The City OF Worland
  977 F.2d 1392· 10th Cir.· 1992-10-19 ·cited 21×
  The court held that supervisors are entitled to qualified immunity on the Equal Protection claim for sexual harassment as the law was not clearly established until May 1989, and co-employees are also immune as harassment by non-supervisors under § 1983 was not clearly established
• THE News-Journal Corp. v. Honorable S. James Foxman
  939 F.2d 1499· 11th Cir.· 1991-08-30 ·cited 21×
  The News-Journal Corporation challenged a state trial court's restrictive order prohibiting extrajudicial statements by trial participants in a sensational murder-for-hire case. The federal district court dismissed the action under Younger abstention, finding that the News-Journa
• Boone v. Redev. Agency OF the City OF SAN Jose
  841 F.2d 886· 9th Cir.· 1988-03-01 ·cited 21×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the city and agency are immune from antitrust liability under the state action doctrine, and that the developers' civil rights claims fail for lack of a vested property right. Koll's lobbying activities are protected by the Noerr-Pennington doctrine.
• Johnson v. Sieber
  799 F.2d 1396· 9th Cir.· 1986-09-18 ·cited 21×
  The court held that the appellants failed to raise any valid constitutional issues, thus summary judgment for the defendants was proper.
• Salahuddin v. Harris
  782 F.2d 1127· 2d Cir.· 1986-01-31 ·cited 21×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that dismissal under Rule 37(d) was improper because the plaintiff appeared for his deposition, and dismissal under Rule 37(b)(2) was improper because no court order was violated. Furthermore, neither Rule 16(f) nor Rule 41(b) justified the dismissal.
• Stern v. Shouldice
  706 F.2d 742· 6th Cir.· 1983-04-15 ·cited 21×
  The court held that the appeal was timely filed. It affirmed the award of nominal damages, costs, and attorney's fees but reversed the award of back pay and prejudgment interest against the individual defendants.
• Wright v. EL Paso Cnty. Jail
  642 F.2d 134· 5th Cir.· 1981-04-08 ·cited 21×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that a pro se prisoner's allegations of deliberate indifference to attacks by fellow inmates and inhumane living conditions are sufficient to state a claim under 42 U.S.C. § 1983.
• Moishe Meyer Rosen v. The Port OF Portland
  641 F.2d 1243· 9th Cir.· 1981-03-05 ·cited 21×
  The court held that an airport ordinance requiring advance notice and identification for demonstrations is a valid restriction on First Amendment rights.
• Gosney v. Sonora Indep. Sch. Dist.
  603 F.2d 522· 5th Cir.· 1979-09-28 ·cited 21×
  The court held that while the school district's no-outside-employment rule was facially valid, its selective and discriminatory enforcement against Mr. Gosney violated his Fourteenth Amendment right to equal protection.
• Williams v. McCALL
  531 F.2d 1247· 5th Cir.· 1976-02-04 ·cited 21×
  The court held that the district court erred in dismissing the prisoner's civil rights complaint without affording him an opportunity to prove his allegations.
• Fay Monroe van Meter v. Morgan
  518 F.2d 366· 8th Cir.· 1975-05-20 ·cited 21×
  The court held that the district court did not abuse its discretion in dismissing the prisoner's complaint as frivolous and duplicative of prior filings.
• Cruz v. Estelle
  497 F.2d 496· 5th Cir.· 1974-07-19 ·cited 21×
  The court held that an inmate's release from prison does not moot a claim for money damages under 42 U.S.C. § 1983, nor does it automatically negate the possibility of maintaining a class action. A hearing is required to determine these issues.
• Bach v. People OF the State OF Ill. & Peter B. Bensinger
  504 F.2d 1100· 7th Cir.· 1974-02-15 ·cited 21×
  Prison inmates have a right to be present during the opening of their incoming legal mail to maintain attorney-client confidentiality and access to courts.
• Baxter v. Carson Hendren
  121 F.4th 873· 11th Cir.· 2024-11-13 ·cited 20×·via 42 U.S.C. § 1983 (Excessive Force)
  Deputy Jafet Santiago-Miranda fired ten shots into a vehicle that was accelerating toward him after he issued multiple commands for the driver to stop, killing two young occupants, and the plaintiffs sued for excessive force, failure to render medical aid, and battery. The Eleven
• Jackson v. Swanger
  97 F.4th 1343· 11th Cir.· 2024-04-05 ·cited 20×·via 42 U.S.C. § 1983 (Excessive Force)
  Amber Jackson sued Atlanta police officers Cody Swanger and Jeremiah Brandt under federal civil rights law, alleging they unlawfully seized her without reasonable suspicion and that Brandt failed to intervene when Swanger used excessive force against her during a chaotic encounte
• Pesci v. Budz
  935 F.3d 1159· 11th Cir.· 2019-08-21 ·cited 20×
  A civil detainee at a for-profit facility for sexually violent predators challenged two policies restricting his publication of critical newsletters—a total ban on his inflammatory publication Duck Soup and a facility-wide page-limit policy applied to his successor publication Th
• Am. Charities for Reasonable Fundraising Reg., Inc. v. Pinellas Cnty.
  278 F. Supp. 2d 1301· M.D. Fla.· 2003-06-24 ·cited 20×
  The court adopted the magistrate judge's recommendation to award plaintiffs $257,151.03 in attorneys' fees and $9,938.35 in costs and expenses.
• Thompson v. City OF Starkville
  901 F.2d 456· 5th Cir.· 1990-05-03 ·cited 20×
  The court affirmed the denial of summary judgment on the First Amendment claim, finding the employee's speech addressed matters of public concern, but reversed the denial on the Fourteenth Amendment claim for failure to state a claim.
• Francis v. Coughlin
  891 F.2d 43· 2d Cir.· 1989-12-04 ·cited 20×
  The court held that an inmate has a clearly established constitutional right to a hearing before an unbiased officer and to be informed of and comment on adverse evidence, but not a right to be present during the testimony of witnesses.
• Eddy v. City of Miami
  715 F. Supp. 1553· S.D. Fla.· 1989-05-16 ·cited 20×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that claims against Mayor Suarez and the Police Department were properly dismissed, but claims against the City of Miami and Chief Anderson could proceed. State law claims were dismissed for insufficient notice.
• Arlen Yalkut v. Augie Gemignani and Myron Gold
  873 F.2d 31· 2d Cir.· 1989-04-18 ·cited 20×·via 42 U.S.C. § 1983 Civil Rights Violations
  Federal agents are immune from state law tort claims under the Federal Employees Liability Reform and Tort Compensation Act and from federal civil rights claims because no clearly established constitutional right was violated.
• Nagle v. LEE
  807 F.2d 435· 5th Cir.· 1987-01-08 ·cited 20×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that the dismissal of the first suit for failure to prosecute was an adjudication on the merits under Rule 41(b), barring the second suit against Sheriff Lee, but not against officers Laura and Montecino who were not parties to the first suit.
• Perrin v. Donnie Anderson and Roland Von Schriltz
  784 F.2d 1040· 10th Cir.· 1986-02-27 ·cited 20×
  The court held that evidence of prior violent encounters was admissible as habit evidence, and a report by the Shooting Review Board was admissible under the public records exception to the hearsay rule. Remarks about personal liability were permissible due to the claim for punit
• Washington v. James
  782 F.2d 1134· 2d Cir.· 1986-02-03 ·cited 20×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that a pro se prisoner's complaint alleging intentional violation of his right to reasonable access to the courts and legal mail, including the unauthorized opening of outgoing legal mail, is sufficient to survive a motion to dismiss under Rule 12(b)(6).
• Corbitt v. Andersen
  778 F.2d 1471· 10th Cir.· 1985-12-11 ·cited 20×
  The court held that there was sufficient evidence to support the jury's findings that the defendant violated the plaintiff's civil rights and tortiously interfered with his contracts, and that the action was not time-barred.
• Raley v. Fraser
  747 F.2d 287· 5th Cir.· 1984-11-26 ·cited 20×·via 42 U.S.C. § 1983 (Excessive Force)
  A plaintiff who loses on a Section 1983 claim, even if successful on a pendent state law claim, is not a prevailing party entitled to attorney's fees under 42 U.S.C. § 1988.
• Curl v. Reavis
  740 F.2d 1323· 4th Cir.· 1984-08-01 ·cited 20×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a deputy sheriff can be an employee under Title VII, and that a plaintiff who accepted one denied position did not waive her right to be instated in another denied position based on a separate violation.
• Bier v. Fleming
  717 F.2d 308· 6th Cir.· 1983-09-19 ·cited 20×
  Appellant Alatis' actions did not constitute state action for purposes of 42 U.S.C. § 1983, and appellant Fleming is entitled to qualified immunity.
• Shadis v. Beal
  685 F.2d 824· 3d Cir.· 1982-07-20 ·cited 20×·via 42 U.S.C. § 1983 Civil Rights Claim
  Contractual provisions prohibiting legal aid organizations from requesting or accepting attorneys' fees in suits against the Commonwealth are void as contrary to the public policy underlying the Civil Rights Attorney Fees Awards Act.
• Switlik v. Hardwicke Co., Inc.
  651 F.2d 852· 3d Cir.· 1981-06-08 ·cited 20×
  The court held that a federal civil rights action under 42 U.S.C. § 1983 is barred by res judicata and collateral estoppel if the constitutional issues were fully litigated in prior state court proceedings. The court affirmed the district court's dismissal of the action.
• Gibson v. McEVERS
  631 F.2d 95· 7th Cir.· 1980-08-08 ·cited 20×
  The court held that the plaintiff inmate's claims of constitutional violations, including denial of access to courts, denial of medical care, and racial discrimination, were insufficient to state a claim or were contradicted by evidence, justifying summary judgment.
• Serna v. A. C. (Chon) Manzano
  616 F.2d 1165· 10th Cir.· 1980-02-25 ·cited 20×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that the trial court must state its reasons for denying costs to a prevailing party. The court affirmed the denial of the deputies' claims.
• Sims v. Jefferson Downs, Inc.
  611 F.2d 609· 5th Cir.· 1980-02-11 ·cited 20×
  The court held that genuine issues of material fact precluded summary judgment on the Section 1983 claim regarding state action, but affirmed dismissal of the Section 1985(3) claim for lack of class-based discrimination.
• McCURRY v. Allen
  606 F.2d 795· 8th Cir.· 1979-10-01 ·cited 20×
  The court held that collateral estoppel does not bar a § 1983 action for search and seizure claims when federal habeas corpus relief is unavailable, and that the district court should not have granted summary judgment without considering all claims.
• Zbaraz v. Quern
  596 F.2d 196· 7th Cir.· 1979-02-13 ·cited 20×·via Civil Rights Act (42 U.S.C. § 1983)
  The Hyde Amendment, enacted through an appropriations bill, substantively amended Title XIX of the Social Security Act, allowing states to limit funding for medically necessary abortions to the circumstances specified in the amendment.
• Hill v. Trs. OF Ind. Univ.
  537 F.2d 248· 7th Cir.· 1976-04-05 ·cited 20×
• Gamble v. Estelle
  516 F.2d 937· 5th Cir.· 1975-08-04 ·cited 20×
  The court held that a prisoner's complaint alleging inadequate medical care, including failure to diagnose and treat a back injury and other conditions, stated a claim under 42 U.S.C. § 1983.
• Alsager v. Dist. Court OF Polk Cnty.
  518 F.2d 1160· 8th Cir.· 1975-06-17 ·cited 20×
  The court held that the district court abused its discretion in denying declaratory relief, as the case presented an actual controversy ripe for determination with a useful purpose.
• Gregory v. Wyse
  512 F.2d 378· 10th Cir.· 1975-03-11 ·cited 20×
  The court held that the temporary solitary confinement and forfeiture of good time and parole eligibility for escapees, as mandated by Colorado statutes, did not constitute cruel and unusual punishment or a denial of due process for which damages are recoverable under § 1983.
• Adams v. Campbell Cnty. Sch. Dist.
  511 F.2d 1242· 10th Cir.· 1975-02-28 ·cited 20×
  The court held that the trial court's findings that teachers' non-renewal was due to teaching deficiencies and insubordination, rather than constitutionally protected activity, were supported by substantial evidence and not clearly erroneous.
• Hartmann v. Scott
  488 F.2d 1215· 8th Cir.· 1973-12-06 ·cited 20×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that while a prisoner's claim challenging the fact or duration of confinement must be brought as a habeas corpus petition requiring exhaustion of state remedies, claims seeking declaratory and injunctive relief against the unconstitutionality of a statute are permi
• Gibson & Perin Co. v. City OF Cincinnati
  480 F.2d 936· 6th Cir.· 1973-06-26 ·cited 20×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that while plaintiffs may have suffered economic injury, the applicable statutes and case law do not permit a subsequent judicial remedy after legislative decisions.
• Ronica R. Weigand v. Afton View Apts.
  473 F.2d 545· 8th Cir.· 1973-02-15 ·cited 20×
  The court held that a state tax break for federally funded housing, without more, does not constitute state action sufficient for a federal civil rights claim. It also held that the district court did not abuse its discretion in denying leave to amend the complaint.