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

• McKINNON v. City OF Berwyn
  750 F.2d 1383· 7th Cir.· 1984-12-19 ·cited 87×
  The court held that the district judge erred in granting judgment notwithstanding the verdict for the City of Berwyn due to a procedural defect and that the plaintiff should have been offered a new trial instead of a remittitur on punitive damages against Montoro. The court also
• Duncan
  657 F.2d 691· 5th Cir.· 1981-09-28 ·cited 87×
  The court held that Georgia's special election statute requires a popular election for a vacancy on the Supreme Court and that the Fourteenth Amendment's due process clause protects against state officials' actions that seriously undermine the fairness of the electoral process.
• Gurule v. Wilson
  635 F.2d 782· 10th Cir.· 1980-12-01 ·cited 87×
  The court held that a judgment is not final until attorneys fees are addressed, making the second amended judgment the final appealable order. The court also reinstated class certification and affirmed the order for defendants to comply with their own regulations.
• Roberts v. Columbus Williams
  456 F.2d 819· 5th Cir.· 1971-04-01 ·cited 87×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court affirmed the judgment based on a pendent state tort claim, modifying its opinion to remove reliance on the Eighth Amendment.
• Landrigan v. City OF Warwick
  628 F.2d 736· 1st Cir.· 1980-08-27 ·cited 85×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that a § 1983 claim for false arrest must be stayed pending resolution of the related state criminal charge, and that municipalities cannot be held liable under § 1983 solely on a respondeat superior theory.
• Glasson v. City OF Louisville
  518 F.2d 899· 6th Cir.· 1975-06-13 ·cited 85×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  Police officers are liable under 42 U.S.C. § 1983 for destroying a peaceful protestor's sign, as the action was unreasonable and violated First Amendment rights, and the 'good faith' defense does not apply when officers knew or should have known the activity was protected.
• Hardy W. Ryland and Alma Odessa Ryland v. Shapiro
  708 F.2d 967· 5th Cir.· 1983-07-05 ·cited 83×
  The court held that plaintiffs stated a claim under section 1983 for deprivation of their constitutional right of access to the courts and that prosecutors were not entitled to absolute immunity for actions outside their quasi-judicial role.
• Richardson v. Les Fleming
  651 F.2d 366· 5th Cir.· 1981-07-22 ·cited 83×
  A retained attorney can be liable under 42 U.S.C. § 1983 if they conspire with state officials, even if the officials are immune, and exhaustion of state remedies is required if the § 1983 claim challenges the validity of confinement.
• Lohorn v. Michal
  913 F.2d 327· 7th Cir.· 1990-08-30 ·cited 82×
  The court held that the district court erred in granting summary judgment based solely on the statutory label of 'policymaking position' without evidence of the actual duties and the necessity of party affiliation for effective performance.
• Bilbrey v. Garland Brown
  738 F.2d 1462· 9th Cir.· 1984-08-02 ·cited 82×
  The court held that settled law did not exist regarding the application of the Fourth Amendment to school searches at the time of the incident, and the district court erred in submitting the good faith immunity question to the jury.
• Broadway v. City OF Montgomery
  530 F.2d 657· 5th Cir.· 1976-04-22 ·cited 81×·via Civil Rights Claims Under 42 U.S.C. § 1983
  The appeal of John L. Broadway is dismissed because he is a fugitive, and the judgment for the remaining plaintiffs is affirmed due to lack of admissible evidence.
• Shauna Supre v. James G. Ricketts, Ph.D.
  792 F.2d 958· 10th Cir.· 1986-06-02 ·cited 80×
  The court held that the plaintiff's lawsuit was not causally linked to the securing of relief and the defendant's conduct was not legally required, thus the plaintiff is not a prevailing party under § 1988.
• Garcia v. Wilson
  731 F.2d 640· 10th Cir.· 1984-03-30 ·cited 80×
  The court held that a uniform characterization of all section 1983 claims is necessary to establish a consistent approach to selecting state statutes of limitations.
• Rainey v. Jackson State Coll.
  551 F.2d 672· 5th Cir.· 1977-05-02 ·cited 80×
  The court held that the Civil Rights Attorney's Fees Awards Act of 1976 applies to pending cases, including those where only attorneys' fees remain unresolved, and that the Eleventh Amendment does not bar fee awards against a state in such cases.
• Curtis v. Angus Russell Everette
  489 F.2d 516· 3d Cir.· 1973-12-17 ·cited 80×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that a prisoner's complaint alleging intentional conduct by prison officials leading to an assault states a claim under 42 U.S.C. § 1983, and that a state law claim against another prisoner can be heard under the doctrine of pendent jurisdiction.
• United States ex rel. Jack & Ethel Gittlemacker v. Cnty. OF Philadelphia
  413 F.2d 84· 3d Cir.· 1969-07-10 ·cited 80×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that municipalities and states are not 'persons' under the Civil Rights Act of 1871, and that a tort claim for medical malpractice does not fall under the Act. Furthermore, diversity jurisdiction cannot be assumed when the complaint explicitly states parties are fr
• Swan v. Bd. OF Higher Educ. OF the City OF NEW York by Gustave G. Rosenberg
  319 F.2d 56· 2d Cir.· 1963-06-04 ·cited 80×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the plaintiff's amended complaint was a nullity because it was filed after a judgment of dismissal had been entered, and the clerk's failure to formally enter the judgment did not alter this fact. The court also found that the plaintiff's claim was barred by t
• Byrd v. Brishke
  466 F.2d 6· 7th Cir.· 1972-07-18 ·cited 79×
  The court held that the trial judge erred in granting directed verdicts by improperly weighing evidence and applying the wrong standard, and that the plaintiff was entitled to have his case submitted to the jury against certain officers.
• Digit. Props., Inc. v. City OF Plantation
  121 F.3d 586· 11th Cir.· 1997-09-05 ·cited 78×
  Digital Properties sought to establish an adult bookstore and video rental business in Plantation, Florida, but filed a federal lawsuit challenging the city's zoning ordinance as unconstitutional after a single conversation with a non-supervisory zoning employee, without pursuing
• Wagenmann v. Adams
  829 F.2d 196· 1st Cir.· 1987-09-09 ·cited 78×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the arrest and imprisonment of the plaintiff were without probable cause, and that the jury's verdicts on false arrest and false imprisonment were supported by the evidence.
• Smith v. Ferron C. Losee
  485 F.2d 334· 10th Cir.· 1973-08-22 ·cited 78×
  The dissenting judge argues that board members are liable for failing to investigate facts, even if they acted in good faith, and that damages awarded were excessive.
• Donovan v. Reinbold
  433 F.2d 738· 9th Cir.· 1970-10-05 ·cited 78×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that the statute of limitations for civil rights actions in California is three years, and that public attorneys are not immune from liability for advising disregard of administrative orders. The court also affirmed the damages award for emotional distress.
• Hays v. Jefferson Cnty.
  668 F.2d 869· 6th Cir.· 1982-01-04 ·cited 77×
  The dissenting judges argue that the panel decision incorrectly applies standards for municipal liability under 42 U.S.C. § 1983 and the Fourteenth Amendment, particularly regarding 'failure to train' and the 'policy or custom' requirement.
• Wright v. McMANN
  460 F.2d 126· 2d Cir.· 1972-03-16 ·cited 77×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the restoration of good time to Mosher and the award of damages to Wright against Warden McMann were improperly affirmed.
• Williams v. Ward
  556 F.2d 1143· 2d Cir.· 1977-05-26 ·cited 76×
  The court held that a prisoner's claim for access to and rebuttal of information in his institutional files, which may affect parole, is a civil rights action under 42 U.S.C. § 1983, not a habeas corpus petition, and thus does not require exhaustion of state remedies.
• Freeman v. The Gould Special Sch. Dist. OF Lincoln Cnty.
  405 F.2d 1153· 8th Cir.· 1969-01-15 ·cited 76×
  The court held that the nonrenewal of public school teachers' contracts based on conclusory and unsupported charges of incompetence may state a claim for deprivation of constitutional rights under the Civil Rights Act.
• Sander Michael Halet v. Wend Inv. Co.
  672 F.2d 1305· 9th Cir.· 1982-01-25 ·cited 75×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that while racial discrimination claims under certain statutes were properly dismissed for lack of standing, the claim regarding the adults-only policy violating the right to family life under the Fourteenth Amendment and § 1983 should not have been dismissed, and
• Sweet v. S.C. Dep't OF Corr.
  529 F.2d 854· 4th Cir.· 1975-12-01 ·cited 75×
  The court held that indefinite solitary confinement to protect a prisoner from other inmates, when the prisoner has violated no rules, constitutes cruel and unusual punishment and violates due process and equal protection. The court also held that a prisoner's fear of death is no
• Jenkins v. Nell
  26 F.4th 1243· 11th Cir.· 2022-03-03 ·cited 74×
  The Eleventh Circuit reversed the grant of summary judgment, holding that the plaintiff presented sufficient circumstantial evidence to create a triable issue of intentional discrimination under the "convincing mosaic" framework, even if a prima facie case under McDonnell Douglas
• State of Fla. ex rel. Robert A. Butterworth v. Kenny
  714 So. 2d 404· Fla.· 1998-04-23 ·cited 74×
  The Florida Supreme Court held that the Capital Collateral Regional Counsel (CCRC) lacks statutory authority to represent death row inmates in civil rights lawsuits challenging the means of execution, but is limited to traditional postconviction relief actions challenging the val
• Esteban v. Cent. Mo. State Coll.
  415 F.2d 1077· 8th Cir.· 1969-08-28 ·cited 74×·via Civil Rights Act (42 U.S.C. § 1983)
  A federal court's review of student discipline under the Civil Rights Act requires a de novo trial on the merits of federal rights denial, not an "substantial evidence" review of the school's proceedings.
• Long v. Parker
  390 F.2d 816· 3d Cir.· 1968-02-16 ·cited 74×·via Civil Rights Act (42 U.S.C. § 1983)
  The court should affirm the district court's judgment, as the Bureau of Prisons has taken reasonable measures to accommodate the religious needs of Black Muslim inmates.
• Negrich v. Hohn
  379 F.2d 213· 3d Cir.· 1967-06-16 ·cited 74×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the plaintiff's complaint was insufficient because it contained broad, conclusory allegations unsupported by specific facts, failing to state a claim under the Civil Rights Act.
• Baines v. City OF Danville
  337 F.2d 579· 4th Cir.· 1964-08-10 ·cited 74×·via Civil Rights Act (42 U.S.C. § 1983)
  The court granted petitions for rehearing in two specific cases to consider the effect of newly enacted legislation on the prior disposition.
• Winsett v. McGINNES
  617 F.2d 996· 3d Cir.· 1980-03-24 ·cited 73×
  The court held that the inmate's claim for injunctive relief was moot due to his parole and transfer, but his claims for damages and declaratory relief were not moot. The court also found that the inmate's due process claim regarding work release denials was not barred by the dis
• Skehan v. Bd. OF Trs. OF Bloomsburg State Coll.
  538 F.2d 53· 3d Cir.· 1976-06-21 ·cited 73×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that attorney's fees may be awarded as costs against an immune sovereign for bad faith litigation, but not as damages for pre-litigation obduracy, and that official immunity for non-judicial state officials is qualified under Wood v. Strickland, requiring a remand
• Fitzke v. Shappell
  468 F.2d 1072· 6th Cir.· 1972-10-03 ·cited 73×
  The court held that the allegations of the complaint, if true, stated a cause of action under 42 U.S.C. § 1983 for denial of necessary medical care during incarceration, and that the submitted affidavits did not negate genuine issues of material fact, thus precluding summary judg
• Lockhart v. Hoenstine
  411 F.2d 455· 3d Cir.· 1969-05-09 ·cited 73×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  A public official acting pursuant to a court order is immune from suit under the Civil Rights Act of 1871, and summary judgment is appropriate if there is no genuine issue of material fact regarding whether the official acted under such an order.
• Allen v. Amalgamated Transit Union Local 788
  554 F.2d 876· 8th Cir.· 1977-05-09 ·cited 72×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the Union engaged in racial discrimination by denying seniority rights and charging initiation fees to former CSC employees, and that the statute of limitations did not bar claims for continuing discrimination. The court also affirmed the availability of punit
• Stolberg v. Members OF the Bd. OF Trs. FOR the State Colleges OF the State OF Conn.
  474 F.2d 485· 2d Cir.· 1973-01-29 ·cited 72×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that while the denial of additional compensatory and punitive damages was proper, the denial of attorneys' fees was an error, and the case should be remanded for their determination.
• Morton Birnbaum v. Trussell
  371 F.2d 672· 2d Cir.· 1966-12-28 ·cited 72×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the complaint sufficiently states a claim of deprivation of constitutional rights under Sections 1983 and 1985(3) based on racial discrimination in public employment.
• Nolvert P. Scott, Jr. v. The Univ. OF Del.
  601 F.2d 76· 3d Cir.· 1979-06-06 ·cited 71×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  An appellee may raise arguments supporting the judgment on appeal without filing a cross-appeal, even if those arguments challenge the trial court's reasoning or seek to modify the judgment in a way that protects the appellee's favorable outcome.
• Henry v. First Nat'l Bank OF Clarksdale
  595 F.2d 291· 5th Cir.· 1979-05-21 ·cited 71×·via Civil Rights Claims Under 42 U.S.C. § 1983
  The court held that the district court did not abuse its discretion in issuing preliminary injunctions to preserve the status quo pending appeal of a state court judgment, as federal jurisdiction was proper and abstention doctrines did not apply.
• Keefe v. Geanakos
  418 F.2d 359· 1st Cir.· 1969-11-12 ·cited 71×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the plaintiff had a high probability of prevailing on the merits regarding the use of an offensive word in an academic context and the lack of adequate notice, warranting interlocutory relief.
• Trellus Richmond v. Badia
  47 F.4th 1172· 11th Cir.· 2022-08-22 ·cited 70×·via 42 U.S.C. § 1983 (Excessive Force)
  A school resource officer was not entitled to qualified immunity on an excessive force claim under the Fourth Amendment when he grabbed a thirteen-year-old student's face, threw him to the ground using an armbar technique, and twisted his wrist, despite having arguable probable c
• Terrell v. Smith
  668 F.3d 1244· 11th Cir.· 2012-01-30 ·cited 70×·via 42 U.S.C. § 1983 Civil Rights Claim
  Officer Smith of the Palm Bay Police Department shot and killed Aaron Zylstra during a traffic stop that escalated when Zylstra refused police commands, jumped back into his vehicle, and attempted to flee, striking Smith with the car door. The Eleventh Circuit held that Smith's u
• Shoemaker v. Hal Handel
  795 F.2d 1136· 3d Cir.· 1986-07-10 ·cited 70×
  Warrantless breathalyzer and urine testing of jockeys in the highly regulated horse racing industry is permissible under the Fourth Amendment's administrative search exception, and the selective enforcement does not violate equal protection.
• Rollins Freeman v. Franzen
  695 F.2d 485· 7th Cir.· 1982-12-15 ·cited 70×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court erred in granting judgment notwithstanding the verdict for two defendants, and that the jury's punitive damages award against another defendant was supported by the evidence. The court also held that prisoners can bring claims for excessive
• Lewis v. Kugler
  446 F.2d 1343· 3d Cir.· 1971-08-04 ·cited 70×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that federal courts should not abstain from hearing federal constitutional claims under the Civil Rights Act, but may dismiss claims seeking injunctions or declaratory relief against pending state criminal prosecutions absent a showing of bad faith or harassment. I
• ORR v. Trinter
  444 F.2d 128· 6th Cir.· 1971-06-16 ·cited 70×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  A public school teacher without tenure status does not have a constitutional right to be told the reasons for non-renewal of their contract or to a hearing, absent allegations of constitutionally impermissible reasons for the non-renewal.