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

• Friends OF Child., Inc. v. Matava
  766 F.2d 35· 1st Cir.· 1985-07-02 ·cited 10×·via Civil Rights Suit Under 42 U.S.C. § 1983
  A federal court may abstain from hearing a case involving state family law, and claims of arbitrary state action do not automatically trigger constitutional violations.
• Rock v. Roy McCOY & the City of Checotah
  763 F.2d 394· 10th Cir.· 1985-06-07 ·cited 10×
  The court held that a city can be liable under 42 U.S.C. § 1983 for grossly negligent failure to train police officers, and that the jury's award of damages was not excessive.
• Otto Pollnow v. Glennon
  757 F.2d 496· 2d Cir.· 1985-03-12 ·cited 10×
  School officials are entitled to qualified immunity if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.
• Shanks v. City OF Dallas
  752 F.2d 1092· 5th Cir.· 1985-02-15 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that an order denying class certification, even if based on lack of standing for injunctive relief, is not immediately appealable under 28 U.S.C. § 1292(a)(1) unless it has the practical effect of denying an injunction and causes serious, irreparable harm that can
• Brooks v. Warden Mike Dutton
  751 F.2d 197· 6th Cir.· 1985-01-08 ·cited 10×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that while the district court erred in denying the inmate's motion to proceed in forma pauperis, the sua sponte dismissal of the complaint as frivolous was proper because the inmate failed to exhaust available state remedies for his property loss claim.
• Holmes v. Jones
  738 F.2d 711· 5th Cir.· 1984-08-20 ·cited 10×
  The court held that the plaintiff was collaterally estopped from litigating his federal claims because the issues were actually litigated and decided in a prior state court proceeding.
• Rubie Rogers v. Robert Okin, M.D.
  738 F.2d 1· 1st Cir.· 1984-06-14 ·cited 10×
  State law recognition of substantive and procedural rights for involuntarily committed mental patients creates a liberty interest protected under the Fourteenth Amendment, even if those state rights exceed federal constitutional minimums.
• Lumbert v. Morgan M. Finley
  735 F.2d 239· 7th Cir.· 1984-05-16 ·cited 10×
  The court held that a state prisoner's section 1983 action seeking damages and a transcript is not barred by the habeas corpus exclusivity rule, and that the clerk of court fulfilled his statutory duty under Illinois Supreme Court Rule 607(b) by releasing the transcript to a pris
• Johnson v. Stark
  717 F.2d 1550· 8th Cir.· 1983-10-03 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a pro se litigant's claims regarding denial of work release, time-served credit, and access to courts were frivolous and properly dismissed because they lacked factual support and did not allege deprivation of a constitutionally protected liberty interest.
• Rose v. Rinaldi
  654 F.2d 546· 9th Cir.· 1981-07-01 ·cited 10×
  The court held that the applicable statute of limitations for a Section 1983 claim in Washington is the three-year period for actions for injury to person or rights not otherwise enumerated, not the two-year period for assault.
• FOX v. Parker
  626 F.2d 351· 4th Cir.· 1980-07-23 ·cited 10×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the Civil Rights Attorney’s Fees Awards Act of 1976 applies to cases pending on its effective date, but fees cannot be awarded for services related to a voluntarily dismissed appeal because the party was not the "prevailing party" for that portion.
• Hayden J. Watts v. Lou V. Brewer
  588 F.2d 646· 8th Cir.· 1978-12-18 ·cited 10×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that the inmate writ writer, Watts, suffered no personal deprivation of federally protected rights entitling him to monetary damages, and thus summary judgment against him was appropriate.
• Smallwood v. Mo. Bd. of Prob. & Parole
  587 F.2d 369· 8th Cir.· 1978-11-03 ·cited 10×
  The court held that claims seeking release or sentence reduction must be brought as habeas corpus petitions, requiring exhaustion of state remedies, and cannot be brought under 42 U.S.C. § 1983.
• Qualls v. Shaw
  535 F.2d 318· 5th Cir.· 1976-07-19 ·cited 10×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The district court erred in dismissing the complaint as the inmate was not challenging his conviction but rather seeking access to records.
• Schreiber v. Lugar
  518 F.2d 1099· 7th Cir.· 1975-07-14 ·cited 10×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that individual taxpayer claims cannot be aggregated to meet the jurisdictional amount requirement for federal question jurisdiction, and the civil rights claim was frivolous.
• Zeller v. Donegal Sch. Dist. Bd. of Educ.
  517 F.2d 600· 3d Cir.· 1975-05-14 ·cited 10×
  A school official is immune from liability for compensatory damages in civil rights suits unless they knew or should have known their action violated constitutional rights, or acted with malicious intent.
• Bloeth v. Montanye
  514 F.2d 1192· 2d Cir.· 1975-04-29 ·cited 10×
  The court held that the district court did not err in granting summary judgment, as the prisoner received sufficient due process for his protective confinement.
• Donnie R. McCORMICK v. Ross
  506 F.2d 1205· 8th Cir.· 1974-11-25 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the plaintiff's conclusory allegations of information alteration were insufficient to create a genuine issue of fact, thus affirming the grant of summary judgment.
• Mercado v. Rockefeller
  502 F.2d 666· 2d Cir.· 1974-08-15 ·cited 10×
• The Reverend Temperance E. Wright v. State
  495 F.2d 1086· 5th Cir.· 1974-06-13 ·cited 10×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the district court had jurisdiction over the plaintiff's claims for damages under the Fourth Amendment and 18 U.S.C. § 2520, and that the claims should not have been dismissed without an opportunity to prove them. The court also noted that equitable relief cla
• Simmons v. Jones
  478 F.2d 321· 5th Cir.· 1973-05-14 ·cited 10×
  The court held that the federal district court improperly intervened in the state's jury selection process and should have abstained or dismissed the case for failure to state a claim.
• Long v. Bd. OF Educ. OF the City OF ST. Louis
  456 F.2d 1058· 8th Cir.· 1972-03-13 ·cited 10×
  The court held that the teachers' reemployment was not refused for constitutionally impermissible reasons, as their actions exceeded their authority and impacted employer efficiency.
• Particular Cleaners, Inc. v. Commonwealth Edison Co.
  457 F.2d 189· 7th Cir.· 1972-02-11 ·cited 10×
  The court held that a private utility's decision to require security deposits, even if authorized by a state commission order that merely limits such deposits, does not constitute state action sufficient to support a claim under 42 U.S.C. § 1983.
• Smith v. Follette
  445 F.2d 955· 2d Cir.· 1971-07-08 ·cited 10×
  The court held that the applications were essentially habeas corpus petitions requiring exhaustion of state remedies.
• Garren v. City of Winston-Salem
  439 F.2d 140· 4th Cir.· 1971-03-02 ·cited 10×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that a claim based solely on the deprivation of property rights, even if framed as an equal protection issue related to extraterritorial zoning without voting rights, is not cognizable under 42 U.S.C. § 1983.
• Protestants & Other Americans United FOR Separation OF Church & State v. United States
  435 F.2d 627· 6th Cir.· 1970-12-16 ·cited 10×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the District Court erred in denying a three-judge panel and granting summary judgment, as substantial constitutional questions regarding the Establishment Clause were not resolved by prior Supreme Court precedent.
• Davis v. McATEER
  431 F.2d 81· 8th Cir.· 1970-09-09 ·cited 10×·via Civil Rights Act (42 U.S.C. § 1983)
  A clerk of court is entitled to judicial immunity from a suit brought under the Civil Rights Act for alleged loss of court files.
• Isidore Engelman v. Cahn
  425 F.2d 954· 2d Cir.· 1969-12-15 ·cited 10×·via Civil Rights Act (42 U.S.C. § 1983)
  Federal courts should not intervene in state criminal proceedings to suppress evidence, nor should they enjoin communication of evidence to state administrative agencies when adequate state remedies exist.
• Anwar Khan v. Patrolmen Alex J. Garanzini and Robert N. Paille
  411 F.2d 210· 6th Cir.· 1969-05-28 ·cited 10×
  The court held that a verified complaint can serve as an affidavit to controvert factual statements in opposing affidavits for summary judgment purposes. Summary judgment for the officers was reversed.
• Mosher v. Beirne
  357 F.2d 638· 8th Cir.· 1966-03-24 ·cited 10×
  The court held that a plaintiff operating a business in violation of valid zoning and licensing ordinances cannot claim deprivation of civil rights, even if the mayor was involved in enforcing those ordinances.
• Otto v. Hon. Frank R. Somers
  332 F.2d 697· 6th Cir.· 1964-06-05 ·cited 10×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the district court correctly dismissed the taxpayer's complaint for lack of federal jurisdiction, as no civil rights violations under the Fourteenth Amendment were demonstrated.
• Beal v. Holcombe
  193 F.2d 384· 5th Cir.· 1951-12-20 ·cited 10×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that denying negro citizens the use of municipal golf courses, while allowing white citizens to use them, constitutes forbidden discrimination, even if other park facilities are substantially equal.
• Wromas v. Banker
  2023 WL 5745494· N.D. Fla.· 2025-07-01 ·cited 9×·via 42 U.S.C. § 1983 Civil Rights Claim
  A pro se prisoner's failure to accurately disclose prior litigation history on a court-required complaint form, even if due to misunderstanding, warrants dismissal without prejudice as a malicious abuse of the judicial process.
• Rodemaker v. City of Valdosta Bd. of Educ.
  110 F.4th 1318· 11th Cir.· 2024-08-05 ·cited 9×
  The Eleventh Circuit held that the district court correctly granted summary judgment for the Board of Education based on res judicata, finding privity between the Board and its members who were defendants in the prior lawsuit.
• Iwoinakee Gebray Harris-Billups v. Milele Anderson
  61 F.4th 1298· 11th Cir.· 2023-03-13 ·cited 9×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officer's use of deadly force was objectively reasonable under the Fourth Amendment, entitling her to qualified immunity.
• Nance v. Comm'r, Ga. Dep't of Corr.
  981 F.3d 1201· 11th Cir.· 2020-12-02 ·cited 9×
  Michael Nance, a death row inmate challenging Georgia's lethal injection protocol as unconstitutional under the Eighth Amendment, filed suit under 42 U.S.C. § 1983 seeking an injunction against the only method of execution authorized by state law and proposing firing squad as an
• Showers v. City of Bartow
  978 F. Supp. 1464· M.D. Fla.· 1997-09-24 ·cited 9×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the plaintiff failed to state sufficient factual allegations to support claims under Title VII, § 1981, and § 1983, and also failed to exhaust administrative remedies for the Title VII claim, but denied dismissal for lack of jurisdiction over the state law cla
• Cordero v. De Jesus-Mendez
  922 F.2d 11· 1st Cir.· 1990-12-18 ·cited 9×
  Postjudgment interest accrues from the date of the judgment entered after a retrial ordered due to insufficient evidence, not from the date of the original vacated judgment.
• von Clark v. Butler
  916 F.2d 255· 5th Cir.· 1990-11-01 ·cited 9×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court affirmed the district court's attorney fee award, finding no abuse of discretion in the determination of the hourly rate or the number of hours compensated.
• Miller v. Lovett
  879 F.2d 1066· 2d Cir.· 1989-07-17 ·cited 9×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court erred in instructing the jury on excessive force using an outdated subjective standard and in dismissing the state-law claims.
• Learned v. City OF Bellevue
  860 F.2d 928· 9th Cir.· 1988-11-03 ·cited 9×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  Summary judgment for the employer was proper because the employee failed to produce evidence supporting claims under Title VII or the Fourteenth Amendment, and Title VII violations cannot form the basis of Section 1983 claims.
• Hicks v. Feeney
  850 F.2d 152· 3d Cir.· 1988-06-22 ·cited 9×
  The court held that dismissal was an excessive sanction, and an order precluding the plaintiff from establishing actual and punitive damages would have been more appropriate.
• Murphy v. Mo. Dep't OF Corr.
  814 F.2d 1252· 8th Cir.· 1987-03-19 ·cited 9×
  A total ban on inmate mail from an organization, even one espousing white supremacy, is an unconstitutional restriction on free speech and religious exercise if less restrictive means are available to ensure prison security. Furthermore, the failure to follow established procedur
• Jane ROE I v. Abortion Abolition Soc'y
  811 F.2d 931· 5th Cir.· 1987-03-09 ·cited 9×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the plaintiffs' class was not protected by 42 U.S.C. § 1985(3) because it was defined by the conspirators' beliefs rather than a shared characteristic of the victims, and that the class action allegations against the cities were not properly dismissed.
• Hutchinson v. Grant
  796 F.2d 288· 9th Cir.· 1986-08-05 ·cited 9×
  Summary judgment was improperly granted for Officer Grant because material facts were disputed regarding probable cause and the use of force, but it was properly granted for the Town of Hillsborough as there was no evidence of conspiracy.
• Dinorah Berberena v. Coler
  753 F.2d 629· 7th Cir.· 1985-01-31 ·cited 9×
  The dissenting judge believes the district court erred in granting the full attorney fee request without a more thorough analysis and evidentiary hearing.
• Gasper v. La. Stadium & Exposition Dist.
  577 F.2d 897· 5th Cir.· 1978-08-01 ·cited 9×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that there is no constitutional right to prevent others from smoking in a public stadium, and thus the complaint failed to state a claim upon which relief could be granted.
• Houston Welf. Rights Org., Inc. v. Vowell
  555 F.2d 1219· 5th Cir.· 1977-07-13 ·cited 9×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that Texas' policy of prorating shelter and utility expenses when a non-AFDC recipient shares a residence violates federal regulations, and this violation tainted the averaging process for its flat-grant system, requiring recalculation of the standard of need.
• Hopkins v. Collins
  548 F.2d 503· 4th Cir.· 1977-01-29 ·cited 9×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that a full hearing is not a necessary procedural due process requirement for prison newspaper censorship.
• Napolitano v. Hon. Daniel P. Ward
  457 F.2d 279· 7th Cir.· 1972-03-21 ·cited 9×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the transactional immunity granted to the appellant by the State of Illinois was coextensive with his Fifth Amendment privilege against self-incrimination, and his removal from office did not constitute a penal aspect of criminal proceedings.