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

• State OF Mo. ex rel. Minnie E. T. Gore v. R. Dean Wochner, M.D.
  620 F.2d 183· 8th Cir.· 1980-04-15 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that violations of state law or city regulations, without infringement of federally protected rights, do not state a claim under 42 U.S.C. § 1983.
• Martinez v. Rosado
  614 F.2d 829· 2d Cir.· 1980-01-23 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the inmate's verified complaint sufficiently controverted the defendants' affidavits to raise triable issues of fact regarding an alleged beating by a prison guard, precluding summary judgment.
• Hall v. Lieutenant John Ashley
  607 F.2d 789· 8th Cir.· 1979-10-18 ·cited 8×
  The court held that the jury verdict and instructions were so confusing and inconsistent that the issue of prevailing party status for attorney fees could not be decided, requiring a new trial.
• Adamian v. Lombardi
  608 F.2d 1224· 9th Cir.· 1979-10-16 ·cited 8×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the University Code Section 2.3, as authoritatively construed by the Board of Regents to focus on expressive conduct and manner rather than content, was not unconstitutionally vague or overbroad, and that the professor's disruptive actions fell outside First A
• Taylor v. Sterrett
  600 F.2d 1135· 5th Cir.· 1979-08-16 ·cited 8×
  The court held that the district court should discontinue its retained jurisdiction and dismiss the case because the original objectives of the lawsuit have been accomplished and state mechanisms now exist to address jail conditions.
• Ronnei v. Butler
  597 F.2d 564· 8th Cir.· 1979-05-15 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the inmate's complaint failed to state a claim for a violation of civil rights under 42 U.S.C. § 1983, as it alleged at most negligence and not a constitutional deprivation.
• Olitsky v. O'Malley
  597 F.2d 303· 1st Cir.· 1979-04-30 ·cited 8×
  The court held that the district court did not abuse its discretion in refusing to award attorney's fees to the defendants because the plaintiffs' civil rights action was not frivolous, unreasonable, or groundless.
• Zichy v. The City OF Philadelphia
  590 F.2d 503· 3d Cir.· 1979-01-05 ·cited 8×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the Supreme Court's decision in Nashville Gas Co. v. Satty requires reconsideration of Title VII claims regarding pregnancy-related leave policies, and that the district court should reconsider the motion to amend the complaint to add a state law claim.
• Newport Invs., Inc. v. The City OF Laguna Beach
  564 F.2d 893· 9th Cir.· 1977-11-17 ·cited 8×·via Civil Rights Act (42 U.S.C. § 1983)
  The District Court did not abuse its discretion in issuing an abstention order, and the order was not erroneous for lacking specificity.
• Reddin v. Israel
  561 F.2d 715· 7th Cir.· 1977-09-02 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that summary judgment was inappropriate because material issues of fact remained regarding whether the detainer deprived the prisoner of a protected liberty interest without due process.
• Walker v. Clovis H. Pierce, M.D.
  560 F.2d 609· 4th Cir.· 1977-07-26 ·cited 8×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that Dr. Pierce's policy of sterilizing Medicaid patients for economic reasons, unrelated to their health, constituted action taken under color of state law within the meaning of 42 U.S.C. § 1983.
• Lynch v. Philbrook
  550 F.2d 793· 2d Cir.· 1977-02-23 ·cited 8×
  The court held that Vermont's regulations limiting emergency assistance eligibility for AFDC recipients were invalid as inconsistent with federal law under the Supremacy Clause.
• Munson v. Gilliam
  543 F.2d 48· 8th Cir.· 1976-10-20 ·cited 8×
  The Court of Appeals held that the district court abused its discretion in granting a preliminary injunction because the plaintiffs failed to show a strong likelihood of success on the merits or irreparable harm, and federal intervention in state criminal proceedings was unwarran
• Foster v. Zeeko
  540 F.2d 1310· 7th Cir.· 1976-08-18 ·cited 8×·via Civil Rights Suit Under 42 U.S.C. § 1983
• Broderick v. The Associated Hosp. Serv. OF Philadelphia
  536 F.2d 1· 3d Cir.· 1976-05-06 ·cited 8×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that the mere statutory requirement for state approval of rates and contracts by Blue Cross and Blue Shield, without more, is insufficient to establish "state action" under 42 U.S.C. § 1983 when the challenged discriminatory enrollment policies were privately formu
• Hattie Kendrick v. Walder
  527 F.2d 44· 7th Cir.· 1975-12-16 ·cited 8×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that a three-judge district court should have been convened to hear the challenge to the Illinois statute as applied to Cairo, Illinois, because the statute has statewide application and the challenge concerns its constitutionality.
• Lokey v. Richardson
  527 F.2d 949· 9th Cir.· 1975-12-09 ·cited 8×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that summary judgment was improper because the termination of a prisoner's minimum custody status, which resulted in significant deprivations, implicated a liberty interest protected by the Due Process Clause, requiring procedural safeguards.
• Burdeau v. Trs. OF the Cal. State Colleges
  507 F.2d 770· 9th Cir.· 1974-11-29 ·cited 8×
  A non-tenured probationary professor's contract non-renewal, without stated reasons or disclosure of personnel file contents, does not violate due process rights under the Fourteenth Amendment as it does not deprive the individual of 'liberty' or 'property'.
• Moye v. The City OF Raleigh
  503 F.2d 631· 4th Cir.· 1974-10-01 ·cited 8×
  The court held that federal courts should abstain from interfering with pending state criminal prosecutions, denying injunctive and declaratory relief, and dismissing damages claims without prejudice.
• Citizens FOR A Better Env't, Inc. v. Nassau Cnty.
  488 F.2d 1353· 2d Cir.· 1973-11-14 ·cited 8×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiffs failed to demonstrate a likelihood of prevailing on the merits or irreparable harm, given the unresolved state law questions regarding the plaintiff orga
• Barr v. United States
  478 F.2d 1152· 10th Cir.· 1973-04-30 ·cited 8×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the district court correctly dismissed the claims against all defendants, affirming the dismissal for lack of jurisdiction, failure to state a claim, and failure to exhaust administrative remedies.
• Anderson v. Nemetz
  474 F.2d 814· 9th Cir.· 1973-01-24 ·cited 8×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the appellant had standing to challenge the Arizona vagrancy statute and that the Younger abstention doctrine did not apply because no state prosecution was pending.
• Flossie v. Grimes
  462 F.2d 650· 4th Cir.· 1972-06-06 ·cited 8×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the hearing afforded to the non-tenured teacher, even if she was entitled to one, satisfied the minimum requirements of procedural due process.
• Carter v. Duggan
  455 F.2d 1156· 5th Cir.· 1972-02-29 ·cited 8×
  State judges are immune from suit for damages for judicial actions, and a federal court should not compel state judges to act without prior exhaustion of state remedies.
• Woolsey v. Beto
  450 F.2d 321· 5th Cir.· 1971-10-28 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
• Torres v. Garcia
  444 F.2d 537· 9th Cir.· 1971-06-08 ·cited 8×
• Kish v. The Cnty. OF Milwaukee
  441 F.2d 901· 7th Cir.· 1971-04-14 ·cited 8×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that a sheriff is not personally liable under 42 U.S.C. § 1983 for prisoner assaults if the assaults resulted from jail overcrowding and poor construction, and the sheriff made reasonable efforts to alleviate those conditions.
• Collins v. State
  432 F.2d 60· 5th Cir.· 1970-09-23 ·cited 8×
  The court held that the district court properly denied relief on the appellant's petitions, finding no basis for a Civil Rights action or habeas corpus relief.
• Butler v. Sinn
  423 F.2d 1116· 3d Cir.· 1970-04-03 ·cited 8×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the complaint was properly dismissed as barred by the statute of limitations.
• Brown v. Town OF Caliente
  392 F.2d 546· 9th Cir.· 1968-04-01 ·cited 8×·via Civil Rights Act (42 U.S.C. § 1983)
  Political subdivisions of a state are not 'persons' amenable to suit under 42 U.S.C. § 1983, and a state's waiver of sovereign immunity does not alter this interpretation.
• Felton v. Hodges
  374 F.2d 337· 5th Cir.· 1967-03-22 ·cited 8×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  A state may regulate the conduct of its own citizens on the high seas concerning matters of legitimate state interest, even if the conduct occurs outside territorial waters, and arrests made in furtherance of such regulation are permissible.
• Baron v. O'Sullivan
  258 F.2d 336· 3d Cir.· 1958-07-10 ·cited 8×·via Civil Rights Act (42 U.S.C. § 1983)
  A litigant cannot seek a federal remedy under the Civil Rights Act before exhausting available state administrative remedies.
• United States ex rel. Blanche Hobbs McNEILL v. Mesrop A. Takumianz, M.D.
  242 F.2d 191· 3d Cir.· 1957-03-15 ·cited 8×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that a federal court cannot enjoin a state official from acting under a state statute on the grounds of unconstitutionality without a three-judge panel, and if the statute is constitutional, such an action is barred by the Eleventh Amendment.
• Johnston v. Tampa Sports Auth. & Henry G. Saavedra
  530 F.3d 1320· 11th Cir.· 2008-06-18 ·cited 7×
  Gordon Johnston, a season ticket holder for Tampa Bay Buccaneers games, challenged the Tampa Sports Authority's pat-down search policy instituted at the NFL's mandate as violating the Fourth Amendment and Florida Constitution. The Eleventh Circuit reversed the district court's pr
• Munera v. Metro W. Detention Ctr.
  351 F. Supp. 2d 1353· S.D. Fla.· 2004-12-14 ·cited 7×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that the defendant officer is entitled to qualified immunity on the claims of excessive force and verbal abuse, and that summary judgment is appropriate.
• Medina v. Minerva
  907 F. Supp. 379· M.D. Fla.· 1995-11-21 ·cited 7×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  A prisoner's claim for damages under 42 U.S.C. § 1983, which challenges the validity of their conviction or sentence, is premature and must be dismissed if the conviction or sentence has not yet been invalidated.
• Luna v. City & Cnty. OF Denver
  948 F.2d 1144· 10th Cir.· 1991-11-01 ·cited 7×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the trial court's finding of intentional discrimination based on national origin was not clearly erroneous, affirming the judgment for the plaintiff.
• United Steelworkers OF Am. v. Phelps Dodge Corp.
  896 F.2d 403· 9th Cir.· 1990-02-16 ·cited 7×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the district court abused its discretion in calculating the attorneys' fee award by failing to adequately explain its reduction of hours and by setting an unreasonable hourly rate.
• Desio Rabal Pinto v. Universidad de Puerto RICO
  895 F.2d 18· 1st Cir.· 1990-01-29 ·cited 7×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the University is an arm of the state protected by the Eleventh Amendment and that the plaintiff's late-filed arguments for reconsideration were properly denied.
• McCORKLE v. W.E. Johnson
  881 F.2d 993· 11th Cir.· 1989-08-24 ·cited 7×
  A prison policy restricting access to religious materials is valid if reasonably related to legitimate penological interests, even if it impinges on an inmate's First Amendment rights.
• Pincham v. The Ill. Jud. Inquiry Bd. & Its Members
  872 F.2d 1341· 7th Cir.· 1989-04-27 ·cited 7×
  The court held that federal courts should abstain from interfering with state judicial disciplinary proceedings under the Younger doctrine, as the proceedings were ongoing, implicated important state interests, and offered an adequate opportunity to raise constitutional challenge
• Betts v. Richard
  726 F.2d 79· 2d Cir.· 1984-01-23 ·cited 7×
  A prosecutor is absolutely immune from liability under 42 U.S.C. § 1983 for actions taken in procuring the attendance of a witness for trial, even if motivated by improper purposes.
• Wilcox v. Honorable Edward Miller
  691 F.2d 739· 5th Cir.· 1982-11-15 ·cited 7×
  The court held that the district court should have dismissed the plaintiff's civil rights complaint without reaching the merits because the plaintiff's criminal conviction was still pending on appeal in state court.
• Krohn v. Harvard LAW Sch.
  552 F.2d 21· 1st Cir.· 1977-04-06 ·cited 7×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that Harvard Law School, as a private institution, is not subject to suit under 42 U.S.C. § 1983 because its actions were not taken 'under color of state law.' Furthermore, the plaintiff failed to state a claim under 42 U.S.C. § 1981 as he did not allege denial of
• Natacha Jean-Francois v. The City of N. Miami
  S.D. Fla.· 2025-12-30 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court granted the motion for reconsideration, finding that the prior dismissal of Title VII claims may have been based on a misapprehension of the statutory authority required to issue a Notice of Right to Sue against a governmental entity.
• Sherika Franklin v. Popovich
  111 F.4th 1188· 11th Cir.· 2024-08-06 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The Eleventh Circuit held that the officer was entitled to qualified immunity because the plaintiff failed to show a violation of a clearly established constitutional right, as the suspect's actions could reasonably be perceived as a threat justifying deadly force.
• Waseem Daker v. Jackson
  942 F.3d 1252· 11th Cir.· 2019-11-15 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The Eleventh Circuit affirmed the district court's dismissal, holding that the plaintiff had accumulated at least three strikes under the PLRA and that the PLRA's three-strikes provision is constitutional.
• Osterback v. McDonough
  549 F. Supp. 2d 1337· M.D. Fla.· 2008-03-25 ·cited 6×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court found that while CM staff received adequate training, the occasional failure of some officers to adhere to that training by ignoring bona fide psychological emergencies, when combined with other factors, could rise to the level of an Eighth Amendment violation.
• Pace v. City of Palmetto
  489 F. Supp. 2d 1325· M.D. Fla.· 2007-06-12 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officer was entitled to qualified immunity on the excessive force claim and statutory immunity on the assault and battery claim because his actions were objectively reasonable under the circumstances and did not violate clearly established law.
• Sloan v. Toler
  778 So. 2d 1094· Fla. 3d DCA· 2001-03-14 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  Sloan petitioned for a writ of certiorari to challenge the trial court's striking of his punitive damages claim in a § 1983 civil rights action. The Florida appellate court denied the petition, holding that certiorari review is not available to a plaintiff who has an adequate rem