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

• Richardson v. McCLUNG
  559 F.2d 395· 5th Cir.· 1977-09-19 ·cited 18×
  The court held that the trial court did not abuse its discretion in its evidentiary rulings or jury instructions.
• McDONALD v. State OF Ill.
  557 F.2d 596· 7th Cir.· 1977-06-15 ·cited 18×
  The court held that the State of Illinois is immune from suit in federal court under the Eleventh Amendment, and that while defendant Weil's actions may have deprived plaintiff of a constitutional right, claims against municipalities under § 1983 require a policy or custom, not j
• Phillips v. Int'l Ass'n OF Bridge
  556 F.2d 939· 9th Cir.· 1977-06-13 ·cited 18×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that malicious prosecution of civil suits by a union against its members does not constitute 'discipline' under LMRDA § 411(a)(5), but can violate the right to institute legal action under § 411(a)(4).
• Stebbins v. Weaver
  537 F.2d 939· 7th Cir.· 1976-07-07 ·cited 18×
  The court affirmed the dismissal, holding that the plaintiff did not possess a property or liberty interest sufficient to trigger Fourteenth Amendment procedural protections regarding the denial of tenure.
• Apolinar Navarette, Jr. v. Jiro J. Enomoto
  536 F.2d 277· 9th Cir.· 1976-02-09 ·cited 18×
  The court held that a prisoner's allegations of mail interference and termination of privileges for legal activities, if proven, state a claim under 42 U.S.C. § 1983, and that negligent deprivation of rights can be actionable under § 1983. Claims based on respondeat superior were
• Morgan v. Montanye
  516 F.2d 1367· 2d Cir.· 1975-05-06 ·cited 18×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that even if prison officials opened attorney mail out of an inmate's presence, the inmate failed to demonstrate actual damage or constitutional infringement, thus the suit was properly dismissed.
• Leonard v. Miss. State Prob. & Parole Bd.
  509 F.2d 820· 5th Cir.· 1975-03-17 ·cited 18×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the decision in Gates v. Collier should not be applied retroactively to require expungement of pre-Gates prison disciplinary records, and that the class action was properly brought under § 1983.
• Calderon v. United Furniture Co.
  505 F.2d 950· 5th Cir.· 1974-12-30 ·cited 18×
  The court held that the Texas statute allowing secured party repossession without judicial process is constitutional, similar to prior rulings on Mississippi and Alabama statutes.
• Morrow v. Giles W. Crisler
  479 F.2d 960· 5th Cir.· 1973-04-18 ·cited 18×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
• Lilly Mae Onie Lee Whitelaw Hilliard v. Williams
  465 F.2d 1212· 6th Cir.· 1972-06-28 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Claim
  A prosecuting attorney is not absolutely immune from civil liability for acts outside his quasi-judicial capacity, such as deliberate suppression of exculpatory evidence.
• Stull v. Sch. Bd. of the W. Beaver Junior-Senior High Sch.
  459 F.2d 339· 3d Cir.· 1972-04-13 ·cited 18×·via Civil Rights Act (42 U.S.C. § 1983)
  A school's hair length regulation is invalid unless the school demonstrates a legitimate interest, such as safety in shop classes, that outweighs the student's liberty interest in personal appearance.
• Dietemann v. Time, Inc.
  449 F.2d 245· 9th Cir.· 1971-08-23 ·cited 18×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that clandestine photography and electronic recording of a plaintiff in his home without consent, leading to emotional distress, constitutes an invasion of privacy under California law, and the First Amendment does not insulate the defendant from liability for such
• Accardi v. United States
  435 F.2d 1239· 3d Cir.· 1970-12-28 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court affirmed the dismissal of the complaint, holding that while the appellant's insanity might toll the New Jersey statute of limitations for Section 1983 claims, the United States is not a 'person' under Section 1983, and other claims were barred by statutes of limitations
• McMILLAN v. The Bd. OF Educ. OF the State OF NEW York
  430 F.2d 1145· 2d Cir.· 1970-08-03 ·cited 18×
  The court held that the claims regarding the $2000 limit on state assistance for private education of handicapped children were sufficiently substantial to require a three-judge court.
• Stevens v. Frick
  372 F.2d 378· 2d Cir.· 1967-02-01 ·cited 18×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The federal anti-injunction statute, 28 U.S.C. § 2283, precludes federal courts from enjoining state court proceedings unless an exception applies, and no exception was demonstrated here.
• Sunflower Cnty. Colored Baptist Ass'n v. Trs. of Indianola Mun. Separate Sch. Dist.
  369 F.2d 795· 5th Cir.· 1966-12-01 ·cited 18×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the allegations in the removal petition were insufficient to meet the conditions for removal under 28 U.S.C. § 1443, as the eminent domain proceedings did not present a situation where federal rights would inevitably be denied.
• Phillips v. Nash
  311 F.2d 513· 7th Cir.· 1962-12-28 ·cited 18×·via Civil Rights Act (42 U.S.C. § 1983)
  State's Attorneys are immune from suit under the federal Civil Rights Act for actions taken in connection with official prosecutions.
• Smith v. Freeman
  921 F.2d 1120· 10th Cir.· 1990-12-27 ·cited 17×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that a district court did not abuse its discretion in awarding a reduced hourly rate for attorney driving time and denying an increase in the lodestar for delay or risk of nonpayment, but did err by failing to consider hours spent on a reply brief.
• Branch v. Lt. Randall A. Martin
  886 F.2d 1043· 8th Cir.· 1989-10-04 ·cited 17×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court failed to conduct the required de novo review of the magistrate's findings because it did not review the evidentiary hearing transcript or tape recording.
• NIX v. Norman
  879 F.2d 429· 8th Cir.· 1989-07-19 ·cited 17×
  The court held that the Eleventh Amendment bars monetary damages against state officials in their official capacity, but prospective injunctive relief is permissible. The complaint did not clearly state a claim against the defendant in his individual capacity.
• White v. Farrier
  849 F.2d 322· 8th Cir.· 1988-06-13 ·cited 17×
  The court held that genuine issues of material fact existed regarding whether the inmate was a transsexual and whether prison officials were deliberately indifferent to his medical needs, precluding summary judgment.
• Galas v. Richard McKEE & the Metro. Gov't of Nashville
  801 F.2d 200· 6th Cir.· 1986-09-11 ·cited 17×
  The court held that a high-speed police pursuit of a traffic offender does not constitute an unreasonable seizure under the Fourth Amendment, nor does it violate the Fourteenth or Eighth Amendments. The court affirmed the grant of summary judgment for the defendants.
• Dreibelbis v. Marks
  675 F.2d 579· 3d Cir.· 1982-04-12 ·cited 17×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that the district court erred in dismissing the inmate's civil rights complaint as frivolous without a sufficient factual record.
• Francesco G. Campiti v. Walonis
  611 F.2d 387· 1st Cir.· 1979-12-18 ·cited 17×
  The court held that intercepting and disclosing a prison inmate's telephone conversation without consent, even using prison equipment, violates federal and state wiretapping statutes, and that a good faith belief that the interception was legal does not constitute a defense witho
• Hooks v. Kelley
  463 F.2d 1210· 5th Cir.· 1972-07-07 ·cited 17×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that a prisoner's allegation of transfer due to court access is a serious claim that warrants an evidentiary hearing.
• Robinson v. Crosby
  358 F.3d 1281· 11th Cir.· 2004-02-03 ·cited 16×
  A death-row inmate filed a § 1983 lawsuit two days before his scheduled execution, challenging lethal injection as cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. The Eleventh Circuit affirmed the district court's dismissal for lack of jurisdict
• Talmadge McDONALD, III v. Haskins
  966 F.2d 292· 7th Cir.· 1992-07-01 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the complaint sufficiently pleaded a violation of a clearly established constitutional right to survive a motion to dismiss based on qualified immunity.
• Thelma D. and Dawn D. v. The Bd. OF Educ. OF the City OF ST. Louis
  934 F.2d 929· 8th Cir.· 1991-05-29 ·cited 16×
  A local governmental entity cannot be held liable under 42 U.S.C. § 1983 for a custom of failing to investigate or train unless there is a widespread pattern of misconduct and the entity had notice, which was not shown here.
• Kaminsky v. Rosenblum
  929 F.2d 922· 2d Cir.· 1991-04-09 ·cited 16×
  The court held that it lacked appellate jurisdiction to hear the appeal from the denial of summary judgment because the resolution of the qualified immunity defense turned on disputed issues of fact.
• McEWEN v. The City OF Norman
  926 F.2d 1539· 10th Cir.· 1991-03-01 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the plaintiff failed to preserve most issues for appeal due to lack of contemporaneous objections at trial, and that the admitted evidence and jury instructions did not constitute plain error.
• Wesson v. Lt. Roy Oglesby
  910 F.2d 278· 5th Cir.· 1990-09-05 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that a prisoner's claims of excessive force and denial of medical treatment lacked an arguable legal basis, even though the magistrate improperly made credibility determinations.
• Lewis v. City OF FT. Collins
  903 F.2d 752· 10th Cir.· 1990-05-14 ·cited 16×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the district court erred in denying summary judgment based on qualified immunity, as the appellants made a sufficient showing of objective reasonableness and the plaintiff failed to produce specific evidence of discriminatory motive or to properly justify furt
• Mylett v. L.M. Jeane
  879 F.2d 1272· 5th Cir.· 1989-08-11 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court affirmed the denial of the motion for a new trial and the dismissal of defendant Adams, but remanded for clarification regarding the award of attorneys' fees.
• Pieczynski v. Duffy
  875 F.2d 1331· 7th Cir.· 1989-05-30 ·cited 16×·via Civil Rights Suit Under 42 U.S.C. § 1983
  A campaign of petty harassments directed against a public employee in retaliation for their political beliefs violates the First Amendment unless the harassment is so trivial that a person of ordinary firmness would not be deterred.
• Davis OIL Co. v. Mills
  873 F.2d 774· 5th Cir.· 1989-05-15 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a foreclosing mortgagee acting under Louisiana's foreclosure procedures, which allow for the extinguishment of subordinate interests without actual notice to the holder of that interest, can be considered a state actor for Due Process Clause purposes, and that
• McDOWELL v. R.R. Rogers
  863 F.2d 1302· 6th Cir.· 1988-12-27 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  A jury could find that the use of a nightstick on a handcuffed, non-resisting arrestee constituted an unreasonable seizure under the Fourth Amendment, even without proof of serious injury.
• Brown v. Hartshorne Pub. Sch. Dist. #1
  864 F.2d 680· 10th Cir.· 1988-12-20 ·cited 16×
  The court held that the district court erred in granting summary judgment based on failure to exhaust administrative remedies, as the plaintiff's claims were either properly exhausted or reasonably related to her EEOC charge, and the section 1983 claim did not require such exhaus
• Smith v. C.D. White
  857 F.2d 1042· 5th Cir.· 1988-10-17 ·cited 16×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that a pro se inmate's timely filed notice of appeal, though initially returned by the clerk for a certificate of service, was valid as to him. The court also held that the notice was ineffective for other plaintiffs who did not sign it.
• Williams v. Willits
  853 F.2d 586· 8th Cir.· 1988-08-03 ·cited 16×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court affirmed the dismissal of the civil rights complaint, finding no constitutional deprivation of rights by the prison staff and no actionable claim against the director and warden.
• Hines v. Sgt. William Boothe
  841 F.2d 623· 5th Cir.· 1988-04-06 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that negligence in losing legal mail does not state a claim under 42 U.S.C. § 1983, and alleged physical abuse by prison guards did not rise to the level of a constitutional claim.
• Harris v. Fleming
  839 F.2d 1232· 7th Cir.· 1988-02-10 ·cited 16×
  The court held that the plaintiff raised genuine issues of material fact regarding retaliation for exercising his right of access to the courts, warranting reversal of summary judgment on that claim.
• Hill v. The City OF Houston
  789 F.2d 1103· 5th Cir.· 1986-05-14 ·cited 16×
  The court held that the ordinance is facially and substantially overbroad, violating the First Amendment's guarantee of free speech, and thus is unconstitutional.
• Traughber v. Beauchane
  760 F.2d 673· 6th Cir.· 1985-04-22 ·cited 16×
  Federal courts should not abstain from hearing a § 1983 claim challenging state attachment procedures when state remedies are inadequate or uncertain.
• MacKo v. Byron
  760 F.2d 95· 6th Cir.· 1985-04-15 ·cited 16×
  The court held that plaintiffs' second amended complaint failed to state a claim upon which relief could be granted under 42 U.S.C. § 1983.
• Young v. City OF NEW Orleans
  751 F.2d 794· 5th Cir.· 1985-02-01 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  The court affirmed the district court's rulings, finding no abuse of discretion in excluding expert testimony, granting directed verdicts on negligence claims, denying a new trial for inadequate damages, and dismissing counterclaims.
• Diggs v. Superintendent Edmond Lyons
  741 F.2d 577· 3d Cir.· 1984-07-30 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  The majority opinion creates a circuit split by holding that in civil cases, the admission of prior felony convictions for impeachment of any witness is mandatory, outside the discretion of Rule 403.
• Stone v. City OF Chicago
  738 F.2d 896· 7th Cir.· 1984-07-20 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that jury verdicts were not inconsistent and that the jury instruction regarding the burden of proof for defenses was not erroneous.
• Holt v. Pitts
  702 F.2d 639· 6th Cir.· 1983-03-25 ·cited 16×
  A prisoner's constitutional right of access to the courts is satisfied when the state provides adequate legal counsel, even if the prisoner denies access to personal law books.
• Chuck Siers v. Mr. J. Morrash (Hosp. Administrator)
  700 F.2d 113· 3d Cir.· 1983-02-16 ·cited 16×·via Civil Rights Suit Under 42 U.S.C. § 1983
  A magistrate's order denying a motion for appointment of counsel in a civil rights suit is not a final order of the district court and is therefore not directly appealable to the court of appeals.
• Searing v. Hayes
  684 F.2d 694· 10th Cir.· 1982-07-30 ·cited 16×
  The court held that collateral estoppel barred the plaintiffs' civil rights action because they had a full and fair opportunity to litigate the legality of the search warrant in state court, even though they did not receive a Franks evidentiary hearing.