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

• Seyfried v. Walton
  668 F.2d 214· 3d Cir.· 1981-12-29 ·cited 16×
  A public school superintendent's decision to cancel a school-sponsored dramatic production due to its sexual content does not violate students' First Amendment rights when the play is considered part of the educational curriculum.
• Adolph Lyons v. City OF LOS Angeles
  656 F.2d 417· 9th Cir.· 1981-08-17 ·cited 16×
  The court affirmed the order granting a preliminary injunction and dismissed the cross-appeal.
• Imam ALI Abdullah Akbar v. Canney
  634 F.2d 339· 6th Cir.· 1980-11-05 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Claim
  Prison officials are not constitutionally required to change their records to reflect a prisoner's adopted name.
• Lang v. Wyrick
  590 F.2d 257· 8th Cir.· 1978-12-19 ·cited 16×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the district court did not abuse its discretion in denying the motion to set aside the judgment of dismissal.
• Edwards v. Joyner
  566 F.2d 960· 5th Cir.· 1978-01-27 ·cited 16×
  The court held that the district court did not abuse its discretion in denying the Rule 60(b) motion, and this denial is affirmed.
• Russell v. Oliver
  552 F.2d 115· 4th Cir.· 1977-03-14 ·cited 16×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
• Sell v. Parratt
  548 F.2d 753· 8th Cir.· 1977-02-02 ·cited 16×
  The court held that Nebraska prison officials could not permanently confiscate money found in inmates' possession without express statutory authority, as such confiscation without due process violates the Fourteenth Amendment.
• Uzzell v. Friday
  547 F.2d 801· 4th Cir.· 1977-01-05 ·cited 16×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the University's funding of the Black Student Movement was moot due to policy changes, but its race-based selection criteria for the Campus Governing Council and Student Honor Court violated the Fourteenth Amendment and Civil Rights Acts.
• Application of Dr. Frank Kacher for an Order staying Writs of Replevin at Nos. 2966 & 2967 July Term v. Pittsburgh Nat'l Bank
  545 F.2d 842· 3d Cir.· 1976-11-02 ·cited 16×
  The majority held that Fuentes v. Shevin would not be applied retroactively to foreclosure proceedings commenced before its decision, barring Kacher's claim for damages.
• Ginn v. Mathews
  533 F.2d 477· 9th Cir.· 1976-03-29 ·cited 16×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the Economic Opportunity Council's (EOC) extensive entanglement with federal and state funding and regulation constituted sufficient state action to subject its employment decisions to constitutional limitations.
• Mafu Inada v. Sgt. Richard Sullivan
  523 F.2d 485· 7th Cir.· 1975-08-18 ·cited 16×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the plaintiff stated a claim for relief regarding threats made to him and his potential deportation, vacating the district court's dismissal.
• Tennyson v. GAS Serv. Co.
  506 F.2d 1135· 10th Cir.· 1974-11-26 ·cited 16×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the Johnson Act precludes federal jurisdiction over challenges to state utility rate orders, even when framed as class actions seeking declaratory and monetary relief.
• Licia T. M. Cardinale v. Wash. Tech. Inst.
  500 F.2d 791· D.C. Cir.· 1974-06-25 ·cited 16×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the plaintiff's complaint sufficiently stated a claim arising under the Constitution to invoke the District Court's jurisdiction under 28 U.S.C. § 1331.
• James v. Lusby
  499 F.2d 488· D.C. Cir.· 1974-04-24 ·cited 16×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The District Court did not abuse its discretion in certifying the case to the Superior Court because the record did not demonstrate to a legal certainty that the amount in controversy exceeded the jurisdictional threshold.
• Akron Bd. OF Educ. & Conrad C. Ott v. State Bd. OF Educ. OF Ohio
  490 F.2d 1285· 6th Cir.· 1974-01-15 ·cited 16×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that plaintiffs have standing to sue and should be permitted to amend their complaint to add parties and assert jurisdiction under 28 U.S.C. § 1331.
• Whitsel v. Se. Local Sch. Dist.
  484 F.2d 1222· 6th Cir.· 1973-09-25 ·cited 16×
  A teacher's insubordination and violation of school regulations, even if occurring during speech that might otherwise be protected, can be grounds for termination.
• Jackson v. Metro. Edison Co.
  483 F.2d 754· 3d Cir.· 1973-08-21 ·cited 16×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the termination of utility service by a privately owned, heavily regulated utility company, absent specific state compulsion or direct involvement in the termination decision, does not constitute action 'under color of state law' for purposes of a Civil Rights
• Zack Green v. Dumke
  480 F.2d 624· 9th Cir.· 1973-06-18 ·cited 16×
  The court held that the college acted under color of state law for purposes of 42 U.S.C. § 1983, and that the student was denied due process because the hearing officer lacked substantial evidence to find the requisite intent for disqualification under federal law.
• Father John J. O'Malley v. Brierley
  477 F.2d 785· 3d Cir.· 1973-04-30 ·cited 16×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that priests do not have a constitutional right to enter a state penitentiary to conduct religious services or counseling, and thus their First Amendment claims for denial of access were properly dismissed via summary judgment. However, the court reversed summary j
• Lombardi v. Tauro
  470 F.2d 798· 1st Cir.· 1972-12-15 ·cited 16×
  The court held that the Massachusetts rule requiring bar admission candidates to be graduates of a qualified law school does not violate the Fourteenth Amendment.
• Biehunik v. Felicetta
  441 F.2d 228· 2d Cir.· 1971-03-05 ·cited 16×
  A compulsory lineup for police officers, even without probable cause, can be constitutionally permissible if it serves a substantial public interest in police integrity and is reasonably related to the officers' employment.
• Knuckles v. Prasse
  435 F.2d 1255· 3d Cir.· 1970-12-28 ·cited 16×·via Civil Rights Act (42 U.S.C. § 1983)
  The court affirmed the district court's judgment, finding that while inmates were subjected to cruel and unusual punishment for a period, injunctive relief was not warranted as the practice had ceased, and monetary damages were not awarded.
• Honey v. Goodman
  432 F.2d 333· 6th Cir.· 1970-10-09 ·cited 16×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The dissenting judge believes that § 1983 is not an exception to the prohibition in § 2283 against federal courts enjoining state proceedings.
• Arensman v. Brown
  430 F.2d 190· 7th Cir.· 1970-07-30 ·cited 16×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that prosecuting attorneys and hospital custodians are immune from civil liability for actions taken within their official capacities, and that federal courts should not interfere with state criminal proceedings absent exceptional circumstances.
• Brown v. Louie L. Wainwright
  419 F.2d 1308· 5th Cir.· 1969-11-25 ·cited 16×
  The court held that a prisoner's claim regarding the removal of postage stamps from outgoing mail does not rise to the level of a federal claim cognizable under 42 U.S.C. § 1983.
• O'Connor v. O'Connor
  315 F.2d 420· 5th Cir.· 1963-03-29 ·cited 16×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The federal court correctly dismissed the action for lack of jurisdiction, as federal courts cannot review state court judgments under the Civil Rights Act unless a federally guaranteed right is violated.
• Romero v. Weakley
  226 F.2d 399· 9th Cir.· 1955-10-10 ·cited 16×·via Civil Rights Act (42 U.S.C. § 1983)
  The district court erred in refusing to consider class action complaints alleging racial segregation in public schools, as federal courts have jurisdiction and a duty to hear such cases.
• Pesci v. Budz
  730 F.3d 1291· 11th Cir.· 2013-09-23 ·cited 15×
  James Pesci, a civil detainee at a Florida facility for sexually violent predators, challenged a policy banning his newsletter "Duck Soup" as a violation of his First Amendment rights. The district court applied the Turner v. Safley standard for prison regulations and granted sum
• Stefan v. Laurenitis
  889 F.2d 363· 1st Cir.· 1989-11-17 ·cited 15×
  The court held that plaintiffs who received a $16,000 settlement in a § 1983 action are prevailing parties entitled to attorneys' fees under 42 U.S.C. § 1988, as no special circumstances justified denial.
• Jules Gassner v. City OF Garland
  864 F.2d 394· 5th Cir.· 1989-02-02 ·cited 15×·via 42 U.S.C. § 1983 (Excessive Force)
  An officer is entitled to qualified immunity for an arrest if a reasonable officer could have believed there was probable cause for the charged offense or a related offense, and the force used was reasonable given the arrestee's resistance.
• William Lowary & Sara Wyatt v. Lexington Local Bd. OF Educ.
  854 F.2d 131· 6th Cir.· 1988-08-11 ·cited 15×
  The court held that it was an abuse of discretion for the district court to allow agency fees to be collected and placed in an escrow account when it found the procedures likely unconstitutional.
• Gill v. Mooney
  824 F.2d 192· 2d Cir.· 1987-07-16 ·cited 15×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that while many of the prisoner's claims were properly dismissed, several allegations stated colorable claims for relief under the Eighth and Fourteenth Amendments.
• Spence v. Bd. OF Educ. OF the Christina Sch. Dist.
  806 F.2d 1198· 3d Cir.· 1986-12-05 ·cited 15×
  The court held that the district court did not abuse its discretion in ordering a remittitur of emotional distress damages due to insufficient proof and in denying a new trial limited to damages, finding liability and damages intertwined.
• Rose v. Town OF Harwich
  778 F.2d 77· 1st Cir.· 1985-12-03 ·cited 15×
  A prior state court judgment, even if characterized as a dismissal for 'lack of jurisdiction' due to a statute of limitations, has claim-preclusive effect and bars a subsequent federal suit on the same claims.
• Massop v. Coughlin
  770 F.2d 299· 2d Cir.· 1985-08-08 ·cited 15×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court erred in sua sponte dismissing a pro se prisoner's complaint before service of process.
• Singer v. Wadman
  745 F.2d 606· 10th Cir.· 1984-09-27 ·cited 15×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the trial judge did not err in refusing to disqualify himself and that summary judgment for the defendants was proper.
• Brown v. The City OF Palmetto
  681 F.2d 1325· 11th Cir.· 1982-08-02 ·cited 15×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a motion for attorney's fees under 42 U.S.C. § 1988 was timely filed, but the denial of fees for the appeal was an abuse of discretion.
• The Florida BAR v. Kelsay Dayon Patterson
  257 So. 3d 56· Fla.· 2018-10-19 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Claim
  The Florida Supreme Court reviewed a disciplinary case against attorney Kelsay Dayon Patterson, who represented a client in litigation against the City of Homestead. The Court found Patterson guilty of violating multiple Bar Rules, including conflict of interest, impugning judici
• Posr Amojo Posr v. N.Y. City Police Officer Kevin Doherty
  944 F.2d 91· 2d Cir.· 1991-09-10 ·cited 14×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court erred in setting aside the jury's false arrest verdict against Officer Holihan and in its jury instructions on malicious prosecution, remanding both claims for a new trial.
• DeLOACH v. Mitzi Bevers
  922 F.2d 618· 10th Cir.· 1990-12-31 ·cited 14×
  The court held that a jury could find that the defendant police officer violated the plaintiff's constitutional rights by retaliating against her for exercising her right to counsel and by preparing a false and misleading affidavit to secure her arrest.
• Gaudreault v. Municipality OF Salem
  923 F.2d 203· 1st Cir.· 1990-11-19 ·cited 14×·via 42 U.S.C. § 1983 (Excessive Force)
  Summary judgment for the defendant officers was appropriate because the force used was objectively reasonable, the plaintiff failed to identify his assailant for the assault claim, and the plaintiff did not demonstrate serious medical needs or harm from delayed treatment.
• Wisniewski v. Kennard
  901 F.2d 1276· 5th Cir.· 1990-05-29 ·cited 14×·via 42 U.S.C. § 1983 (Excessive Force)
  A material issue of fact exists regarding the use of excessive force, which should have precluded summary judgment.
• W. Martin Haskell, M.D. v. Wash. Twp.
  864 F.2d 1266· 6th Cir.· 1988-12-20 ·cited 14×
  The court held that the defendants waived their statute of limitations defense by failing to raise it in their initial responsive pleading. The court also found that the district court's rulings on standing were conflicting and that the Rule 41(b) dismissal was subject to a clear
• Mathis v. Hood
  851 F.2d 612· 2d Cir.· 1988-07-14 ·cited 14×
  The court held that the petitioner had exhausted state remedies to the extent they were available and effective, and that the state's delay in deciding his appeal violated his due process rights.
• Pollock v. Marshall
  845 F.2d 656· 6th Cir.· 1988-05-02 ·cited 14×
  A prison regulation requiring inmates to keep their hair within set limits is constitutional, even if it conflicts with an inmate's religious beliefs, if it is reasonably related to legitimate penological interests.
• Baker v. McDonald's Corp.
  686 F. Supp. 1474· S.D. Fla.· 1987-12-04 ·cited 14×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that summary judgment for the defendant is appropriate because the plaintiff failed to establish a prima facie case of discrimination and the defendant presented legitimate, non-discriminatory reasons for the termination.
• Martin v. Demma
  831 F.2d 69· 5th Cir.· 1987-10-28 ·cited 14×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the date of receipt of the complaint by the clerk, not the formal filing date, governs the commencement of an action for statute of limitations purposes.
• Ray v. Sch. Dist. of DeSoto Cnty.
  666 F. Supp. 1524· M.D. Fla.· 1987-08-05 ·cited 14×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court denied the motion for a preliminary injunction, finding that the plaintiffs had not demonstrated a likelihood of success on the merits regarding the exclusion of HIV-positive hemophiliac children from regular classrooms.
• Scrivner v. Andrews
  816 F.2d 261· 6th Cir.· 1987-04-20 ·cited 14×·via 42 U.S.C. § 1983 Cause Of Action
  The Adoption Assistance Act does not create a federal statutory right to "meaningful visitation" enforceable under 42 U.S.C. § 1983, and the mother's due process claim failed as she ultimately received a hearing.
• Palmer v. City OF Decatur
  814 F.2d 426· 7th Cir.· 1987-03-12 ·cited 14×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that dismissing a pro se, incarcerated plaintiff's case with prejudice for failure to obtain counsel and respond to a motion within a short timeframe, without adequate notice, constituted an abuse of discretion.