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

• Rodriguez v. McGINNIS
  451 F.2d 730· 2d Cir.· 1971-03-16 ·cited 12×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the prisoner had not exhausted state remedies and that the federal court should not interfere with internal state prison administration absent extreme circumstances.
• Jewel A. Houp v. The State OF Neb.
  427 F.2d 254· 8th Cir.· 1970-06-08 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a retrial after a mistrial declared due to manifest necessity, or when the defendant requests a new trial, does not violate the Double Jeopardy Clause.
• Grayson v. Kessler Montgomery
  421 F.2d 1306· 1st Cir.· 1970-02-12 ·cited 12×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that federal courts should not grant equitable relief to a state prisoner challenging his conviction or sentence when he has not exhausted available state remedies, even if the claim is brought under the Civil Rights Act.
• Fulton v. Emerson Elec. Co.
  420 F.2d 527· 5th Cir.· 1969-12-22 ·cited 12×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the district court's dismissal of the employees' Civil Rights Act claims was premature, as the pleadings sufficiently alleged state action and the claims were not entirely preempted by the National Labor Relations Board.
• Smartt v. Avery
  370 F.2d 788· 6th Cir.· 1967-01-06 ·cited 12×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  A state regulation that postpones parole eligibility for inmates seeking habeas corpus relief is unconstitutional as it deters the exercise of a present right.
• Beauregard v. Wingard
  362 F.2d 901· 9th Cir.· 1966-06-20 ·cited 12×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  An arrest made with probable cause does not violate civil rights, even if the investigation was maliciously inspired or the defendant is later acquitted.
• Dudley Teel v. Deputy Sheriff Jonathan Lozada
  99 F.4th 1273· 11th Cir.· 2024-04-18 ·cited 11×·via 42 U.S.C. § 1983 (Excessive Force)
  The Eleventh Circuit affirmed the district court's rulings, finding no reversible error in the jury instructions, evidentiary rulings, or the grant of summary judgment on the Monell claim.
• Domegan v. Ponte
  972 F.2d 401· 1st Cir.· 1992-08-10 ·cited 11×
• Annise Fuller v. M.G. Jewelry
  950 F.2d 1437· 9th Cir.· 1991-12-11 ·cited 11×
  The court held that while the officers were entitled to qualified immunity for the arrest and strip search, the City of Los Angeles may be liable if the strip searches were conducted pursuant to an unconstitutional policy.
• Pleasant v. Zamieski
  895 F.2d 272· 6th Cir.· 1990-02-08 ·cited 11×·via 42 U.S.C. § 1983 (Excessive Force)
  The concurring judge agrees with the majority's result but disagrees with the reasoning in Section II, believing the excessive force issue should have been left to the jury.
• Thomas v. Carpenter
  881 F.2d 828· 9th Cir.· 1989-08-09 ·cited 11×·via 42 U.S.C. § 1983 Civil Rights Violations
  A public employee states a cause of action under 42 U.S.C. § 1983 for retaliation when their employer takes adverse actions against them for engaging in constitutionally protected speech, even if the employee was not terminated or demoted.
• Watt v. City OF Richardson Police Dep't
  849 F.2d 195· 5th Cir.· 1988-07-15 ·cited 11×
  A strip search of an arrestee for a minor offense, based solely on a distant and expunged prior drug conviction, without reasonable suspicion of current danger, violates the Fourth Amendment.
• McKinley Dale Thomas v. Kippermann
  846 F.2d 1009· 5th Cir.· 1988-06-09 ·cited 11×·via Civil Rights Suit Under 42 U.S.C. § 1983
• Mack v. Varelas
  835 F.2d 995· 2d Cir.· 1987-12-22 ·cited 11×
  The court held that a state prisoner's civil rights action for damages under 42 U.S.C. § 1983, which does not challenge the validity of his conviction or seek release, should not be dismissed for failure to exhaust state remedies, but may be stayed pending the outcome of state co
• Kulick v. Pocono Downs Racing Ass'n
  816 F.2d 895· 3d Cir.· 1987-04-23 ·cited 11×·via 42 U.S.C. § 1983 Civil Rights Claim
  A district court cannot use its factual findings from a preliminary injunction hearing regarding state action as conclusive for determining its own subject matter jurisdiction.
• Morello v. James
  810 F.2d 344· 2d Cir.· 1987-01-26 ·cited 11×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a prisoner's claim of intentional obstruction of access to the courts, a substantive constitutional right, is actionable under 42 U.S.C. § 1983 and not barred by the Parratt v. Taylor rule, even if a state remedy exists.
• Hindman v. The City OF Paris
  746 F.2d 1063· 5th Cir.· 1984-11-19 ·cited 11×
  The court held that the trial judge erred by taking the factual issue of whether the officers intentionally or recklessly misled the magistrate regarding the informant's identity and reliability from the jury.
• Lyon v. Hal Farrier
  730 F.2d 525· 8th Cir.· 1984-03-20 ·cited 11×
  Prison officials' actions in limiting inmate property and destroying contraband did not violate constitutional rights, and uncorroborated testimony was insufficient to prove a claim.
• Tonora Archibald v. Mosel
  677 F.2d 5· 1st Cir.· 1982-04-28 ·cited 11×
  The court held that the warrantless entry into the apartment was justified by exigent circumstances, making the search constitutional.
• United Black Firefighters OF Norfolk v. Hirst
  604 F.2d 844· 4th Cir.· 1979-08-29 ·cited 11×
  The court held that certain plaintiffs adequately stated claims for promotion discrimination under Title VII, § 1981, and § 1983, and that the class action for employees could proceed. However, claims by applicants and one employee were properly dismissed.
• Nelson v. Stratton
  469 F.2d 1155· 5th Cir.· 1972-11-20 ·cited 11×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  A retained attorney is not acting under color of state law for purposes of 42 U.S.C. § 1983.
• Davis v. United States
  439 F.2d 1118· 8th Cir.· 1971-02-22 ·cited 11×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that neither the United States nor the Department of Public Welfare can be sued under 42 U.S.C. § 1983, and the individual jail officials were not liable as the alleged tear gas exposure did not rise to a constitutional violation.
• Marlowe v. Coakley
  404 F.2d 70· 9th Cir.· 1968-11-22 ·cited 11×·via Civil Rights Suit Under 42 U.S.C. § 1983
  Prosecuting attorneys are immune from civil liability for acts committed in the performance of duties that are an integral part of the judicial process.
• Wilson v. Sec'y, Dep't of Corr.
  54 F.4th 652· 11th Cir.· 2022-11-29 ·cited 10×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  A Florida prison inmate and veteran challenged prison officials' seizure of his Veterans Administration disability benefits to satisfy prison liens and medical charges in violation of 38 U.S.C. § 5301, which protects VA benefits from attachment and seizure. The Eleventh Circuit a
• Jordan v. Booth Gardner
  986 F.2d 1521· 9th Cir.· 1993-02-25 ·cited 10×
  The court held that the prison policy allowing cross-gender searches did not violate the Eighth Amendment, and the Fourth Amendment analysis should not employ a balancing test as suggested by a concurring opinion.
• Lawline v. Am. BAR Ass'n
  956 F.2d 1378· 7th Cir.· 1992-02-25 ·cited 10×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the challenged legal ethics rules are immune from antitrust challenges and do not violate constitutional rights, affirming the dismissal of the plaintiffs' complaint.
• Clark A. Bailey v. Gardebring
  940 F.2d 1150· 8th Cir.· 1991-07-26 ·cited 10×·via Civil Rights Claims Under 42 U.S.C. § 1983
  The dissent argues that the new Minnesota parole regulations constitute a law for ex post facto purposes because they are binding on the agency and lack discretion, unlike federal guidelines. The dissent would find the regulations violate the ex post facto clause.
• Cabrales v. Cnty. OF LOS Angeles
  935 F.2d 1050· 9th Cir.· 1991-06-07 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Claim
  A prevailing party is entitled to attorney's fees for an unsuccessful stage of litigation if that stage was a necessary step toward the ultimate victory.
• Winter v. Cerro Gordo Cnty. Conservation Bd.
  925 F.2d 1069· 8th Cir.· 1991-01-09 ·cited 10×
  The court held that the discharged employee had a property interest in his job under Iowa law and was denied procedural due process, but remanded for recalculation of prejudgment interest.
• G.M. Eng'rs & Assocs., Inc. v. W. Bloomfield Twp.
  922 F.2d 328· 6th Cir.· 1990-12-27 ·cited 10×
  The court held that the plaintiff failed to state a claim for a taking without just compensation because they did not exhaust adequate state remedies, and failed to state a procedural due process claim because the alleged deprivation was a random and unauthorized act for which st
• Hamilton J. Whiting v. Maiolini
  921 F.2d 5· 1st Cir.· 1990-12-07 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that converting a motion for judgment on the pleadings to a motion for summary judgment without adequate notice and opportunity for discovery is improper.
• Stem v. Ahearn
  908 F.2d 1· 5th Cir.· 1990-08-13 ·cited 10×
  Child protective services workers are entitled to Eleventh Amendment immunity in their official capacities and qualified immunity in their individual capacities because their actions did not violate clearly established constitutional rights.
• Hudson v. McMILLIAN
  929 F.2d 1014· 5th Cir.· 1990-07-31 ·cited 10×·via 42 U.S.C. § 1983 (Excessive Force)
  A prisoner's claim for excessive force under the Eighth Amendment fails if the injury sustained is not significant.
• Prather v. Norman
  901 F.2d 915· 11th Cir.· 1990-05-18 ·cited 10×
• Babcock v. Tyler
  884 F.2d 497· 9th Cir.· 1989-09-06 ·cited 10×
  Washington Department of Social and Health Services caseworkers are entitled to absolute immunity for their actions taken in child dependency proceedings, including post-adjudication activities.
• Flynn v. Merrick
  881 F.2d 446· 7th Cir.· 1989-08-07 ·cited 10×
  Shareholders lack standing to bring individual causes of action under RICO or for civil rights violations when their alleged injury is an indirect result of harm to the corporation.
• In re Petition for Mandamus by Everett Mechem
  880 F.2d 872· 6th Cir.· 1989-07-25 ·cited 10×
  A writ of mandamus is not the proper vehicle to challenge an order disqualifying counsel because such orders are not immediately appealable and can be reviewed on appeal of a final judgment.
• Murphy v. Jones
  877 F.2d 682· 8th Cir.· 1989-06-12 ·cited 10×
  The court held that a prisoner's subsequent civil rights action challenging a drug violation was barred by res judicata because it arose from the same nucleus of operative fact as a prior, settled action challenging a riot violation, even if the drug violation was not explicitly
• Capone v. Marinelli
  868 F.2d 102· 3d Cir.· 1989-02-23 ·cited 10×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  An officer who reasonably relies on a bulletin establishing the existence of an arrest warrant is entitled to qualified immunity for unlawful arrest and prosecution.
• Frazier v. Coughlin
  850 F.2d 129· 2d Cir.· 1988-06-29 ·cited 10×
  The court held that the district court erred by failing to consider all of the plaintiff's claims when dismissing the complaint, and that claims based on rules not properly filed may be valid if the plaintiff lacked notice.
• Hammond v. Waldo Bales and Roger Hammond
  843 F.2d 1320· 10th Cir.· 1988-04-08 ·cited 10×
  A prosecutor is absolutely immune from suit for actions taken within the scope of his prosecutorial duties, including offering to dismiss criminal charges in exchange for a release of civil liability, provided the agreement is voluntary and the prosecutor has legitimate reasons f
• Function Junction, Inc. v. City of Daytona Beach
  705 F. Supp. 544· M.D. Fla.· 1988-01-27 ·cited 10×
  The court held that Daytona Beach Zoning Ordinance No. 81-292 is a constitutional time, place, and manner restriction on adult theaters, serving a substantial governmental interest in combating urban blight and promoting redevelopment, and allowing for ample alternative channels
• Rakovich v. Wade
  819 F.2d 1393· 7th Cir.· 1987-05-22 ·cited 10×
  The court held that while the jury's finding of liability for a First Amendment violation was supported by evidence, the compensatory and punitive damage awards were excessive and must be reconsidered.
• United States v. State OF Wash.
  813 F.2d 1020· 9th Cir.· 1987-03-31 ·cited 10×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the Indian tribes' treaty interpretation claims do not give rise to a claim cognizable under 42 U.S.C. § 1983, and therefore do not support an award of attorneys' fees under 42 U.S.C. § 1988.
• Jackson v. Franklin Cnty. Sch. Bd.
  806 F.2d 623· 5th Cir.· 1986-12-24 ·cited 10×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the school district violated James Jackson's due process rights and the Education for All Handicapped Children Act (EHA) by failing to provide proper notice and a hearing before excluding him from school.
• Ira Jackson, Jr. v. Dallas Police Dep't
  811 F.2d 260· 5th Cir.· 1986-10-17 ·cited 10×
  The court held that the district court did not abuse its discretion in denying the appointment of counsel for a section 1983 claim, and that the appeal was not frivolous.
• Hernandez v. George
  793 F.2d 264· 10th Cir.· 1986-06-17 ·cited 10×
  The appellate court reversed a final judgment for the defendants, finding that the trial court erred in denying the plaintiffs' requested jury instruction regarding the truck driver's duty of care.
• Harris v. Mo. Court OF Appeals
  787 F.2d 427· 8th Cir.· 1986-03-28 ·cited 10×
  The court held that state courts and their judges are immune from suit under 42 U.S.C. § 1983, and federal courts lack jurisdiction to review state court judgments.
• Hendrix v. Matlock
  782 F.2d 1273· 5th Cir.· 1986-02-18 ·cited 10×·via 42 U.S.C. § 1983 (Excessive Force)
  The jury instructions on excessive force were not erroneous because they accurately reflected the established standard for individual officer liability under Section 1983.
• Brooks v. Seiter
  779 F.2d 1177· 6th Cir.· 1985-12-30 ·cited 10×
  The court held that the district court erred in dismissing the prisoners' pro se complaint as frivolous, as it did not appear beyond doubt that they could prove no set of facts entitling them to relief.