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

• Herrick v. Collins
  914 F.2d 228· 11th Cir.· 1990-10-11 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Claim
  When a district court grants an in forma pauperis motion and requires a partial filing fee, it must issue the summons after the fee is paid, and should determine frivolousness before requiring payment.
• Bielevicz v. Officer J. Dubinon
  915 F.2d 845· 3d Cir.· 1990-09-28 ·cited 12×
  The court held that the plaintiffs presented sufficient evidence to withstand a motion for directed verdict on the issue of whether their injuries were caused by the City's custom of arresting people for public intoxication without probable cause and with no intention of prosecut
• Bilal Muhammad ALI v. Higgs
  892 F.2d 438· 5th Cir.· 1990-01-25 ·cited 12×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that a civil rights action filed under 28 U.S.C. § 1915(d) is barred by the statute of limitations, and the dismissal should be with prejudice.
• Lehnert v. The Ferris Faculty Ass'n
  881 F.2d 1388· 6th Cir.· 1989-08-14 ·cited 12×
  The court held that union expenditures for lobbying, electioneering, organizing other units, and general public relations are not chargeable to dissenting faculty members in a closed shop.
• Bolin v. Black
  875 F.2d 1343· 8th Cir.· 1989-05-26 ·cited 12×
  The court held that the evidence was sufficient to support the jury's verdict against supervisory officials for constitutional violations based on deliberate indifference or tacit authorization, and that the jury instructions, when read as a whole, fairly stated the governing law
• Brooks v. Jones
  875 F.2d 30· 2d Cir.· 1989-05-12 ·cited 12×
  The court held that a habeas corpus petitioner need not exhaust state remedies if state court processes have been demonstrably ineffective due to neglect and delay.
• Petru v. City OF Berwyn
  872 F.2d 1359· 7th Cir.· 1989-05-01 ·cited 12×
  The court held that a plaintiff's expectation of appointment to a public employment position, based on an eligibility list and past hiring practices, does not constitute a constitutionally protected property interest. Furthermore, the court held that an appeal from an order deny
• Scotty Grubbs v. Norris
  870 F.2d 343· 6th Cir.· 1989-03-17 ·cited 12×
  The dissenting judge believes the district court did not abuse its discretion in denying intervention, even under a bifurcated standard of review.
• Jackson v. Ill. Prisoner Review Bd.
  856 F.2d 890· 7th Cir.· 1988-09-02 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that fees for an unsuccessful, unrelated ex post facto claim are not compensable under 42 U.S.C. § 1988, and that a fee award must be reduced to reflect partial success on a related claim.
• Chandler Nelson Hughes v. Halifax Cnty. Sch. Bd.
  855 F.2d 183· 4th Cir.· 1988-08-26 ·cited 12×·via Civil Rights Act (42 U.S.C. § 1983)
  The court affirmed the district court's grant of directed verdicts and judgments notwithstanding the verdict, finding no error in the rulings on the § 1983 claims or the lost wages claim.
• Mallory v. Eyrich
  839 F.2d 275· 6th Cir.· 1988-02-12 ·cited 12×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the facts presented do not establish a constitutional claim under the Fourteenth or Fifteenth Amendments, nor do they necessarily implicate the Voting Rights Act in the manner argued by the plaintiffs.
• Greater Newburyport Clamshell Alliance v. Pub. Serv. Co. OF NEW Hampshire
  838 F.2d 13· 1st Cir.· 1988-01-29 ·cited 12×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that a client does not automatically waive attorney-client privilege by filing a civil suit, and that discovery of privileged communications requires a balancing of interests, limited to information vital to the defense.
• Kladis v. Brezek
  823 F.2d 1014· 7th Cir.· 1987-06-10 ·cited 12×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court did not err in altering the judgment to enter judgment for the defendants on the claim that the plaintiff was not informed of the reasons for his arrest, as no constitutional right requires such notification.
• Britton v. S. Bend Cmty. Sch. Corp.
  819 F.2d 766· 7th Cir.· 1987-05-18 ·cited 12×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The affirmative action plan adopted by the South Bend School Board was unconstitutional because it was not narrowly tailored, imposing a burden on white teachers greater than necessary to achieve a compelling purpose.
• White v. Elrod
  816 F.2d 1172· 7th Cir.· 1987-04-08 ·cited 12×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that the state court judgment on the merits of the plaintiffs' constitutional claims barred their federal suit under res judicata, except for two plaintiffs who had prevailed before the Merit Board.
• Crossman v. Marcoccio
  806 F.2d 329· 1st Cir.· 1986-12-09 ·cited 12×·via Civil Rights Act (42 U.S.C. § 1983)
  Federal Rule of Civil Procedure 68 compels prevailing plaintiffs to pay defendants' post-offer costs when the ultimate judgment is less than a refused offer of judgment, but it does not require payment of defendants' post-offer attorney's fees if those fees are not 'properly awar
• Harllel B. Jones v. Shankland
  800 F.2d 77· 6th Cir.· 1986-09-02 ·cited 12×
  The court held that the appellant's civil rights claims were time-barred by the applicable one-year statute of limitations and that county prosecutors were absolutely immune from suit.
• Anderson v. The State OF Colo. & the Judges of the First Jud. Dist.
  793 F.2d 262· 10th Cir.· 1986-06-12 ·cited 12×
  Federal district courts lack jurisdiction to review final state court judgments, even when framed as a civil rights claim.
• Evonne J. NEW v. City OF Minneapolis
  792 F.2d 724· 8th Cir.· 1986-06-04 ·cited 12×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that allegations of intentional excessive force by law enforcement implicate substantive due process rights, regardless of state tort remedies.
• Benjamin v. The City OF Montgomery
  785 F.2d 959· 11th Cir.· 1986-04-02 ·cited 12×
  The court held that police officers dismissed for refusing to waive their Fifth Amendment rights against self-incrimination, even when ordered to testify under threat of dismissal, were unlawfully terminated.
• Seymour Wexler and Daisy Wexler v. Westfield Bd. OF Educ.
  784 F.2d 176· 3d Cir.· 1986-02-19 ·cited 12×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the district court correctly determined that the school board provided a free appropriate public education and that parents were not entitled to reimbursement for unilaterally placing their child in private schools, nor for post-graduation expenses.
• Stewart v. Bernstein
  769 F.2d 1088· 5th Cir.· 1985-09-03 ·cited 12×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that there is no implied private cause of action under the Medicaid Act against private nursing homes, and state agencies cannot be held liable for a private nursing home's discharge decisions absent state action.
• Nance B. Hinman v. Lincoln Towing Serv., Inc.
  771 F.2d 189· 7th Cir.· 1985-08-15 ·cited 12×
  A commercial relocator's retention of a trespassing vehicle, permitted by state statute until a fee is paid, does not constitute state action for purposes of a due process claim under 42 U.S.C. § 1983.
• Darr v. Wolfe
  767 F.2d 79· 3d Cir.· 1985-07-22 ·cited 12×
  Private citizens acting in conspiracy with an immune state official can be sued under 42 U.S.C. § 1983, but the complaint must contain specific factual allegations of conspiracy.
• Wells v. Rushing
  755 F.2d 376· 5th Cir.· 1985-03-04 ·cited 12×
  The court held that the district court abused its discretion by denying a motion for a trial delay when the defendant police officer disappeared before trial, preventing crucial cross-examination and assessment of demeanor, thus requiring a new trial on claims against the officer
• Satchell v. Dilworth
  745 F.2d 781· 2d Cir.· 1984-10-04 ·cited 12×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that it was error to grant summary judgment to a defendant on an unpleaded affirmative defense and that a pro se plaintiff should have been afforded an opportunity to amend his complaint.
• Gero v. Henault
  740 F.2d 78· 1st Cir.· 1984-07-27 ·cited 12×
  The court held that a mistaken arrest based on a facially valid warrant and probable cause, where officers reasonably believed the person arrested was the one sought, does not violate constitutional rights. The court also found that the arrest warrant met the Fourth Amendment's p
• Adams v. Gunnell
  729 F.2d 362· 5th Cir.· 1984-04-13 ·cited 12×
  Discipline imposed for signing a prison petition did not violate the First Amendment, but the lack of clear notice that such conduct was prohibited violated due process. The issue of qualified immunity was not properly preserved and requires further determination.
• Harris v. Young
  718 F.2d 620· 4th Cir.· 1983-08-16 ·cited 12×·via Civil Rights Suit Under 42 U.S.C. § 1983
• Laurenzo v. Miss. High Sch. Activities Ass'n, Inc.
  708 F.2d 1038· 5th Cir.· 1983-07-08 ·cited 12×
  A party is not considered a prevailing party under 42 U.S.C. § 1988 solely because they obtained an injunction pending appeal based on a substantial case and balance of equities, without a determination of the merits.
• Inmates OF the Lincoln Intake AND Detention Facility By Dennis Windes v. Boosalis
  705 F.2d 1021· 8th Cir.· 1983-05-03 ·cited 12×
  The court held that the case was moot because the named plaintiffs' claims became moot before the district court ruled on class certification, and the claims did not fit the 'capable of repetition, yet evading review' exception.
• Rivera v. Marcus
  696 F.2d 1016· 2d Cir.· 1982-12-23 ·cited 12×
  The court held that the state must ensure children's best interests are the foremost consideration when removing them from parental care, and parents must have a fair opportunity to participate in hearings concerning custody.
• Sotomura v. Cnty. OF Haw.
  679 F.2d 152· 9th Cir.· 1982-06-07 ·cited 12×·via Civil Rights Suit Under 42 U.S.C. § 1983
  A party who prevails by obtaining dismissal of an appeal as untimely is considered a prevailing party entitled to attorneys' fees under 42 U.S.C. § 1988.
• Litton Indus., Inc. v. Colon
  587 F.2d 70· 1st Cir.· 1978-11-20 ·cited 12×
  The Eleventh Amendment bars a federal contract action against the Commonwealth of Puerto Rico and its officials, and the allegations do not support a civil rights claim against the individual defendants.
• Bolding v. Austin
  575 F.2d 461· 4th Cir.· 1978-04-26 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the complaint, which sought to have the federal district court assume supervision of the entire state prison system, failed to state a claim upon which relief could be granted and should have been dismissed.
• Main Road v. Aytch
  565 F.2d 54· 3d Cir.· 1977-10-14 ·cited 12×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  Prison regulations banning group press conferences are not unconstitutional, but inmates are entitled to a declaratory judgment recognizing the procedural changes achieved through litigation.
• Prentice Robinson, Jr. v. Richardson
  556 F.2d 332· 5th Cir.· 1977-07-25 ·cited 12×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that a state prisoner challenging his conviction based on discriminatory jury selection must first exhaust state remedies via a habeas corpus action, as this claim goes to the validity of the conviction itself.
• Mayes v. Honn
  542 F.2d 822· 10th Cir.· 1976-10-07 ·cited 12×
  A Section 1983 civil rights action cannot be used to collaterally attack or appeal state court disbarment proceedings.
• Johnson v. Reagan
  524 F.2d 1123· 9th Cir.· 1975-10-20 ·cited 12×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the claims against state officials were properly dismissed, either due to immunity or failure to state a federal claim.
• Gillette v. McNICHOLS
  517 F.2d 888· 10th Cir.· 1975-05-29 ·cited 12×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
• Arline Nitzberg v. Parks
  525 F.2d 378· 4th Cir.· 1975-04-14 ·cited 12×
• Wallace v. Kern
  499 F.2d 1345· 2d Cir.· 1974-07-08 ·cited 12×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  A federal district court cannot establish a uniform rule for speedy trial based on arbitrary time periods, as the Sixth Amendment requires an ad hoc balancing test on a case-by-case basis.
• Bracey v. Grenoble
  494 F.2d 566· 3d Cir.· 1974-03-18 ·cited 12×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the district court's reliance on unadmitted interrogatory answers was impermissible, and thus, judgment for the defendant was not warranted.
• Stewart v. Pearce
  484 F.2d 1031· 9th Cir.· 1973-09-17 ·cited 12×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that an order for a psychiatric examination of a college instructor, stemming from his protest activities, was constitutionally invalid without prior notice and a hearing, thus violating his due process rights.
• Morris v. Mich. State Bd. OF Educ.
  472 F.2d 1207· 6th Cir.· 1973-01-25 ·cited 12×·via Civil Rights Claims Under 42 U.S.C. § 1983
  The court held that the district court had jurisdiction to issue a preliminary injunction regarding sex discrimination in noncontact interscholastic sports, but the injunction must be modified to exclude contact sports.
• Krause v. Rhodes
  471 F.2d 430· 6th Cir.· 1972-11-17 ·cited 12×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the pleadings were contrived and failed to disclose valid causes of action under Section 1983, attempting to avoid dismissal by omitting crucial background facts.
• Norman v. Conn. State Bd. OF Parole
  458 F.2d 497· 2d Cir.· 1972-04-06 ·cited 12×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the named plaintiff was no longer a member of the class he sought to represent, rendering his suit inadequate for class representation.
• Yumich v. Cotter
  452 F.2d 59· 7th Cir.· 1971-10-13 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Claim
  The dissenting judge would affirm the lower court's judgment, disagreeing with the majority's reversal.
• Robinson v. Grier Davis
  447 F.2d 753· 4th Cir.· 1971-09-08 ·cited 12×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the college's actions in a narcotics investigation, due to its entanglement with municipal services, constituted state action subject to the Fourteenth Amendment's due process clause.
• Walker v. Oswald
  449 F.2d 481· 2d Cir.· 1971-07-20 ·cited 12×·via Civil Rights Act (42 U.S.C. § 1983)
  There is no constitutional right to counsel at a minimum sentencing hearing conducted by the Parole Board, as it is an administrative function akin to parole release hearings, not a judicial sentencing proceeding.