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

• Brooks v. Odie A. Nance
  801 F.2d 1237· 10th Cir.· 1986-09-26 ·cited 6×
  The Tax Injunction Act and the doctrine of comity deprive federal courts of jurisdiction over actions challenging state tax collection, even when framed as civil rights claims, provided adequate state remedies exist.
• Patten v. N.D. Parole Bd.
  783 F.2d 140· 8th Cir.· 1986-02-10 ·cited 6×
  The North Dakota parole scheme does not create a protected liberty interest, and therefore, a prisoner's claims of due process violations in parole denials are without merit.
• Meeker v. Kercher
  782 F.2d 153· 10th Cir.· 1986-01-22 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  A guardian ad litem is not acting under color of state law for purposes of 42 U.S.C. § 1983, and a parent cannot represent minor children in federal court if the parent is not an attorney.
• Brierley v. F.J. Schoenfeld, Jr.
  781 F.2d 838· 10th Cir.· 1986-01-15 ·cited 6×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that while the officer's stop of the truck may have lacked reasonable suspicion, he was entitled to qualified immunity because the law was not clearly established at the time, and the officer acted in good faith.
• Nestor Ayala Serrano v. Torres
  764 F.2d 47· 1st Cir.· 1985-06-14 ·cited 6×
  The court held that the amended complaint stated a valid claim against the prison guard, but the original complaint failed to state a claim against other defendants.
• Shabazz v. Barnauskas
  600 F. Supp. 712· M.D. Fla.· 1985-01-11 ·cited 6×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that the prison's no-beard regulation, as applied to an inmate at a maximum security prison, does not violate the First Amendment.
• Garmon v. Foust
  741 F.2d 1069· 8th Cir.· 1984-08-20 ·cited 6×
  The court held that the district court's finding that the package was still in the mail when seized was not clearly erroneous, and therefore the warrantless seizure violated Fourth Amendment principles.
• Sullivan v. Carignan
  733 F.2d 8· 1st Cir.· 1984-04-27 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the plaintiff's due process rights were not violated by the Board's denial of his CPA license renewal without a formal hearing.
• Milton Lubin, M.D. v. Crittenden Hosp. Ass'n
  713 F.2d 414· 8th Cir.· 1983-08-09 ·cited 6×
  The disciplinary action by a private hospital against a physician does not constitute state action, even with public funding and regulation, absent a sufficiently close nexus between the state and the specific challenged action.
• Campbell v. Cook
  706 F.2d 1084· 10th Cir.· 1983-05-18 ·cited 6×
  The court held that a prevailing defendant in a frivolous § 1983 action can recover attorney fees under § 1988, even if the fees are sought by the indemnifying municipality.
• Pool v. Wyrick
  703 F.2d 1064· 8th Cir.· 1983-04-06 ·cited 6×
  The court held that a significant delay in state post-conviction proceedings may justify waiving the exhaustion requirement for federal habeas corpus relief and that a § 1983 claim based on such delay becomes ripe when the state proceedings are resolved or a specific timeframe ex
• Jordan v. Multnomah Cnty.
  694 F.2d 1156· 9th Cir.· 1982-12-16 ·cited 6×
  A prevailing plaintiff in a civil rights action may be awarded attorneys' fees for time spent on unsuccessful but related claims, even if those claims went to trial.
• Hines v. Bd. OF Educ. OF Covington
  667 F.2d 564· 6th Cir.· 1982-01-08 ·cited 6×
  The court affirmed the dismissal of the civil rights action, holding it was barred by the applicable statute of limitations.
• Davis v. Rendell
  659 F.2d 374· 3d Cir.· 1981-09-15 ·cited 6×
  The court held that the district court should address the prosecutor's immunity defense in the first instance, and that the case should be remanded for further proceedings.
• Powell v. Levit
  640 F.2d 239· 9th Cir.· 1981-02-19 ·cited 6×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that the admission of evidence of the plaintiff's prior juvenile adjudication and a sixteen-year-old criminal conviction was prejudicial error.
• Matz v. Kelsch
  638 F.2d 48· 8th Cir.· 1981-01-14 ·cited 6×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that the inmate's interest in work release was not a constitutionally protected liberty interest and that the parole board's procedures were fair and satisfied due process standards.
• Seymour X. Cotton, Jr. v. Lockhart
  620 F.2d 670· 8th Cir.· 1980-05-05 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the prison's "publisher-only" rule for receiving books does not violate an inmate's First Amendment rights, as it is a rational response to institutional security concerns.
• Fayle v. Stapley
  607 F.2d 858· 9th Cir.· 1979-11-05 ·cited 6×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that while the state statutes themselves were constitutional, the application of those statutes to deprive Fayle of property without notice and a hearing violated his due process rights. The court also affirmed the dismissal of the claim against one defendant due t
• Saladino v. Winkler
  609 F.2d 1211· 7th Cir.· 1979-10-29 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the admission of evidence regarding the plaintiff's relationship with a witness, prior inconsistent statements, intoxication, and awareness of unlawful conduct was proper and did not deprive the plaintiff of a fair trial.
• Greer v. Turner
  603 F.2d 521· 5th Cir.· 1979-09-28 ·cited 6×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that the prior appeal did not resolve the false arrest claim and that the complaint stated a claim against the city detectives.
• Buckley Towers Condo., Inc. v. Buchwald
  595 F.2d 253· 5th Cir.· 1979-05-17 ·cited 6×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that the federal district court lacked jurisdiction to enjoin state court proceedings or review a state court judgment, as this would constitute impermissible federal court supervision of state courts.
• Claud M. Brown v. Vermillion
  593 F.2d 321· 8th Cir.· 1979-02-23 ·cited 6×
  The court held that claims directly seeking release or reconsideration of parole must be brought as a habeas corpus petition, but other claims for injunctive and declaratory relief regarding due process standards are not exclusively habeas corpus.
• Uzzell v. Friday
  591 F.2d 997· 4th Cir.· 1979-02-02 ·cited 6×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The dissenting judges believe the case should be remanded for further evidence and findings of fact regarding the university's regulations and potential mootness.
• Espinoza v. Thoma
  580 F.2d 346· 8th Cir.· 1978-08-02 ·cited 6×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  A no-spouse employment policy, interpreted to include individuals living in an 'espoused relationship' (cohabitation), is a reasonable classification that bears a fair and substantial relationship to the employer's objective of preventing workplace conflicts and is not unconstitu
• Mrs. Carnell Russ v. Ratliff
  578 F.2d 221· 8th Cir.· 1978-07-10 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court did not abuse its discretion in denying plaintiffs leave to amend their complaint to add the City as a defendant, as the amendment would not relate back under Rule 15(c) due to prejudice and lack of mistake.
• Bette Bonn Ledwith and Evelyn Parker v. Douglas
  568 F.2d 117· 8th Cir.· 1978-01-17 ·cited 6×
  The court held that appellants' civil rights claims were barred by prosecutorial immunity, abstention doctrines, and failure to allege class-based animus.
• Coralluzzo v. NEW York State Parole Bd. & Members of the N.Y. State Parole Bd.
  566 F.2d 375· 2d Cir.· 1977-07-28 ·cited 6×
  The New York State Parole Board must provide a statement of reasons when determining a minimum period of imprisonment (MPI) that exceeds the statutory minimum, and under specific circumstances, a prisoner must be granted access to the evidence in his file.
• Thibodeaux v. State OF S.D.
  553 F.2d 558· 8th Cir.· 1977-04-12 ·cited 6×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that the district court's summary dismissal of the inmate's complaint was premature and unwarranted due to the prison censorship board's deficient findings.
• Snell v. Short
  544 F.2d 1289· 5th Cir.· 1977-01-10 ·cited 6×
  The court held that the analogy to common law conversion was inappropriate for determining the accrual of a § 1983 claim regarding seized evidence.
• Gallagher v. Ernestine D. Evans
  536 F.2d 899· 10th Cir.· 1976-06-03 ·cited 6×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court concurred that the filing fee statutes were constitutional as applied to non-indigent candidates who were not denied ballot access.
• Goodloe v. Davis
  514 F.2d 1274· 5th Cir.· 1975-06-20 ·cited 6×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  Private parties cannot evade responsibility for constitutional violations by claiming lack of control when acting under color of law or in furtherance of discriminatory policies.
• Edwards v. Ill. Dep't OF Corr.
  514 F.2d 477· 7th Cir.· 1975-04-08 ·cited 6×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the plaintiffs failed to allege facts showing a violation of due process standards applicable at the time of the alleged infractions, thus their claims for good time restoration, declaratory, injunctive, and monetary relief were properly dismissed.
• Scott v. Jones
  492 F.2d 130· 5th Cir.· 1974-04-04 ·cited 6×
  The court held that the prisoner's transfer to state prison rendered his claims against county jail officials moot.
• Mrs. Concha Lopez v. Luginbill
  483 F.2d 486· 10th Cir.· 1973-08-27 ·cited 6×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the trial court lacked jurisdiction because the appellees failed to establish a cause of action under the Civil Rights Act or demonstrate the required jurisdictional amount, and no implied civil remedy exists for PAC members under Title I.
• Karp v. Elliott Becken
  477 F.2d 171· 9th Cir.· 1973-04-05 ·cited 6×·via Civil Rights Act (42 U.S.C. § 1983)
  School officials may curtail student speech if they can reasonably forecast substantial disruption, but cannot suspend a student for pure speech without demonstrating justification for the action.
• Faye Baggett Jackson v. Crockarell
  475 F.2d 746· 6th Cir.· 1973-03-28 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that instructing the jury on a theory of defense not raised by the pleadings or supported by evidence constitutes reversible error.
• Gibson v. City OF Seattle (Washington)
  472 F.2d 1220· 9th Cir.· 1973-01-19 ·cited 6×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that a municipality is not a 'person' under the Civil Rights Act, but individual defendants can be sued for property seizure under the Act.
• Devlin v. Sosbe
  465 F.2d 169· 7th Cir.· 1972-07-31 ·cited 6×
  The court held that while the district court had jurisdiction, it properly declined to exercise it by abstaining, allowing state courts to interpret the ordinance.
• Padilla v. Hon. Harold J. Ackerman
  460 F.2d 477· 9th Cir.· 1972-05-05 ·cited 6×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that federal courts should not enjoin pending state criminal proceedings absent special circumstances, even in civil rights actions, and that declaratory relief is subject to the same standard.
• Reverend Francis X. Lawlor v. Bd. OF Educ. OF the City OF Chicago
  458 F.2d 660· 7th Cir.· 1972-04-10 ·cited 6×
  The court held that the complaint's allegations, even taken as true, do not demonstrate a deprivation of constitutional rights necessary to sustain a civil rights action.
• Metcalf v. Swank
  444 F.2d 1353· 7th Cir.· 1971-04-30 ·cited 6×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that plaintiffs must exhaust state administrative remedies before bringing a claim under the Civil Rights Act when the constitutional challenge is to the application of a statute, not its face, and the remedies are administrative.
• Phillips v. Rockefeller
  435 F.2d 976· 2d Cir.· 1970-12-11 ·cited 6×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The Seventeenth Amendment's requirement that Senators be "elected by the people thereof" does not mandate that a candidate receive a majority of the votes cast, but rather permits election by a plurality.
• McLUCAS v. Honorable Aaron J. Palmer
  427 F.2d 239· 2d Cir.· 1970-05-21 ·cited 6×·via Civil Rights Act (42 U.S.C. § 1983)
  Federal courts should not interfere with state criminal proceedings absent exceptional circumstances, even through declaratory judgment.
• Runette Turner v. Thompson
  421 F.2d 771· 5th Cir.· 1970-02-09 ·cited 6×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the plaintiff failed to demonstrate a denial of procedural due process when her beer license was rescinded pending a public hearing.
• Alice T. Rodes ad Litem for Melania DeSzirmay v. Mun. Auth. OF the Borough OF Milford. Alice T. Rodes ad Litem
  409 F.2d 16· 3d Cir.· 1969-01-13 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the pro se plaintiff's complaint failed to state a claim for a federal civil rights violation, as it contained only conclusory allegations without specific facts supporting federal cognizance.
• Bennett v. Allen
  396 F.2d 788· 9th Cir.· 1968-06-12 ·cited 6×
  The court held that the complaint, seeking to invalidate a state conviction and restrain incarceration, should have been treated as a petition for a writ of habeas corpus, not a civil rights action.
• Commodore Tilden v. Pate
  390 F.2d 614· 7th Cir.· 1968-02-07 ·cited 6×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the plaintiff failed to demonstrate that the district court's conclusion that his allegations were frivolous and fictitious was erroneous.
• Marshall v. Sawyer
  365 F.2d 105· 9th Cir.· 1966-08-10 ·cited 6×
  The court held that a plaintiff who concedes the correctness of an administrative determination of adjudicative facts cannot claim a denial of due process for lack of an evidentiary hearing. Furthermore, the court found that the plaintiff's exclusion from gaming establishments, b
• Erlich v. Juda Glasner
  352 F.2d 119· 9th Cir.· 1965-10-26 ·cited 6×
  The court held that the district court's dismissal order was improper because it failed to state the grounds for dismissal, preventing the plaintiff from making an informed decision about amending the complaint.
• Deloach v. Candler Rogers and Mark Dukes (Dora S. Rogers as Administratrix of the estate of Candler Rogers
  268 F.2d 928· 5th Cir.· 1959-07-30 ·cited 6×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the federal district court lacked jurisdiction over the state law claims of false arrest and assault and battery, even when framed as constitutional violations.