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

• Glouser v. Parratt
  605 F.2d 419· 8th Cir.· 1979-09-13 ·cited 4×
  The court held that a prisoner's claim of constitutional violation based on a disparity between prison disciplinary penalties and outside criminal penalties fails to state a claim.
• Gomez v. Astol Calero Toledo
  602 F.2d 1018· 1st Cir.· 1979-08-07 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a plaintiff suing a public official under 42 U.S.C. § 1983 must sufficiently allege facts demonstrating the official acted in bad faith to overcome qualified immunity.
• Williams v. Dolph Briscoe
  599 F.2d 620· 5th Cir.· 1979-07-10 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the case should be remanded to the district court to determine the effect of Greenholtz on the Texas parole statute.
• Atkinson v. Bass
  579 F.2d 865· 4th Cir.· 1978-07-13 ·cited 4×
  The court held that the ex parte communication by defendants to withdraw their hearing request, without notice to the plaintiff, prejudiced the plaintiff's procedural rights and warrants reversal.
• Mashel Robinson v. Benton
  579 F.2d 70· 10th Cir.· 1978-07-13 ·cited 4×
  The court held that the trial court lacked sufficient facts to dismiss the action and that a record needed to be developed.
• Robert and Angeles O'Grady v. City OF Montpelier
  573 F.2d 747· 2d Cir.· 1978-03-27 ·cited 4×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the district court erred in dismissing the complaint for lack of jurisdiction and failure to state a claim, as the factual record was insufficient to determine the constitutional questions presented.
• Yesterday's Children v. Kennedy
  569 F.2d 431· 7th Cir.· 1977-12-29 ·cited 4×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that abstention was appropriate, allowing Illinois state courts to interpret the relevant statutes and General Order regarding the release of adoption records, as this interpretation could materially alter the constitutional issues presented.
• Burnett v. McNABB
  565 F.2d 398· 6th Cir.· 1977-11-04 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the Beer Board members were immune from suit because they acted in good faith in their quasi-judicial capacity. The court also held that there was no pendent federal jurisdiction under the cited Tennessee statute.
• Ellis Dwight Williams v. Mason DAY
  553 F.2d 1160· 8th Cir.· 1977-04-21 ·cited 4×
  A school board's decision not to renew a non-tenured teacher's contract is permissible if the board can demonstrate it would have made the same decision absent any constitutionally protected conduct by the teacher.
• Guesnon v. McHENRY
  539 F.2d 1075· 5th Cir.· 1976-10-04 ·cited 4×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that a private cause of action cannot be implied from the HUD regulation at issue, and the case should be remanded to allow for HUD's participation.
• Stolberg v. Members OF the Bd. OF Trs. FOR the State Colleges OF the State OF Conn.
  541 F.2d 890· 2d Cir.· 1976-06-02 ·cited 4×·via Civil Rights Act (42 U.S.C. § 1983)
  The dissenting judge argues that the state waived its dual-job ban defense through res judicata and that the Comptroller and Attorney General should be held in contempt for withholding salary.
• Powers v. Mancos Sch. Dist. RE-6
  539 F.2d 38· 10th Cir.· 1976-05-10 ·cited 4×·via Civil Rights Act (42 U.S.C. § 1983)
• Gilbert v. Honorable James S. Corcoran
  530 F.2d 820· 8th Cir.· 1976-03-03 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  Dismissal of the civil rights action against the judge, prosecutor, and public defenders was proper.
• Wright v. Chief OF Transit Police
  527 F.2d 1262· 2d Cir.· 1976-01-15 ·cited 4×
  The court held that the named defendants, acting in their official capacity, are 'persons' within the meaning of 42 U.S.C. § 1983, and thus the district court has jurisdiction under 28 U.S.C. § 1343(3).
• Leva Adkins v. The Honorable Robert C. Underwood
  520 F.2d 890· 7th Cir.· 1975-07-17 ·cited 4×
  The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted, affirming the dismissal.
• Holder v. Nelson
  514 F.2d 1091· 9th Cir.· 1975-04-29 ·cited 4×
  The court held that the district court erred in dismissing the action and denying the request for a three-judge court, as the claims presented were not insubstantial.
• William and Denise Bynes v. Toll
  512 F.2d 252· 2d Cir.· 1975-02-06 ·cited 4×
  The State University of New York at Stony Brook is not constitutionally required to allow married students with children to live in dormitory suites not designed for family living, as the ban is rationally related to safety concerns.
• Parker v. Graves
  479 F.2d 335· 5th Cir.· 1973-06-13 ·cited 4×
  The court held that the complaint's allegations, taken as a whole, sufficiently stated a claim under 42 U.S.C. § 1983, and the trial court's findings of fact were not clearly erroneous.
• Burks v. Perk
  470 F.2d 163· 6th Cir.· 1972-11-17 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the District Court erred in enjoining the Mayor from conducting a hearing on charges against Civil Service Commissioners, as state law provided adequate remedies.
• Mothers' & Child's. Rights Org. v. Sterrett
  467 F.2d 797· 7th Cir.· 1972-08-21 ·cited 4×
  The court held that while Goldberg v. Kelly's evidentiary hearing requirement may not apply to purely legal or policy issues, recipients must still be afforded an adequate opportunity for argument before benefits are terminated or reduced.
• The People of the United States James J. Carr v. Sharp
  454 F.2d 271· 3d Cir.· 1971-12-28 ·cited 4×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the petitioner's claims lacked factual support and were properly dismissed by the District Court.
• United States ex rel. Alex Birnbaum v. Dolan
  452 F.2d 1078· 3d Cir.· 1971-12-21 ·cited 4×
  The court held that a civil rights complaint seeking damages for an allegedly improper lineup, which was not used against the plaintiff, was properly dismissed.
• Carter v. Chief OF Police
  437 F.2d 413· 3d Cir.· 1971-01-27 ·cited 4×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the pro se civil complaint failed to state a cause of action under the Civil Rights Act against the named defendants and that the denial of a statutory 3-judge court was proper.
• Earnest Pickings v. Imon E. Bruce
  430 F.2d 595· 8th Cir.· 1970-08-06 ·cited 4×
  College administrators violated students' First Amendment rights by sanctioning them for writing a letter to an off-campus church and by attempting to cancel a speaker invitation based on unsubstantiated fears of disruption.
• Broyhill v. Zeb A. Morris, Jr.
  408 F.2d 820· 4th Cir.· 1969-03-20 ·cited 4×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that a federal court should not enjoin a state prosecution absent allegations of irreparable harm, bad faith, harassment, or inadequate state remedies.
• Wetherington v. Adams
  406 F.2d 724· 5th Cir.· 1969-01-27 ·cited 4×·via Civil Rights Act (42 U.S.C. § 1983)
  A single judge cannot decide the merits of a case requiring a three-judge court.
• Reuben G. Lenske v. Sercombe
  401 F.2d 520· 9th Cir.· 1968-09-16 ·cited 4×
  The court held that the federal statute barring injunctions against state court proceedings applies, and there were no extraordinary circumstances to justify an exception. The Board of Governors were also not proper parties.
• Pusateri v. Johnston
  398 F.2d 327· 3d Cir.· 1968-07-24 ·cited 4×·via Civil Rights Act (42 U.S.C. § 1983)
  A prison superintendent cannot be held liable under the Civil Rights Act for refusing to release an inmate without a court order, even if the inmate is later released by court order.
• Bright v. Bishop
  398 F.2d 804· 9th Cir.· 1968-07-18 ·cited 4×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the federal remedy under the Civil Rights Act is supplementary and need not be sought after state remedies are exhausted. The district court erred in dismissing the complaint solely on the basis that state courts could provide a remedy.
• Tolefree v. Ritz
  382 F.2d 566· 9th Cir.· 1967-08-03 ·cited 4×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the amended complaint sufficiently stated a claim against Ritz under the Civil Rights Act, but the issue of whether the action survives Ritz's death must be addressed on remand.
• Sanders v. Erreca
  377 F.2d 960· 9th Cir.· 1967-05-25 ·cited 4×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the amended complaint failed to allege facts sufficient to invoke federal jurisdiction under the Civil Rights Act, as there was no deprivation of a federally secured right. The court also found no abuse of discretion in denying the motion for a new trial based
• The People of the United States ex rel. Earl Henry Turnbaugh v. Bibb
  252 F.2d 217· 7th Cir.· 1958-02-18 ·cited 4×·via Civil Rights Act (42 U.S.C. § 1983)
  The Illinois Sexual Psychopath Act does not violate the Fourteenth Amendment, and the District Court properly dismissed the petition for failure to exhaust state remedies.
• Perez v. IRS
  2016 WL 7034404· M.D. Fla.· 2026-01-05 ·cited 3×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that a complaint must be dismissed without prejudice if it is incomprehensible and fails to state a claim upon which relief can be granted.
• Sanchez v. Obando-Echeverry
  716 F. Supp. 2d 1195· S.D. Fla.· 2010-03-31 ·cited 3×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the force used by police officers during the arrest was objectively reasonable and not excessive, entitling the defendant county to summary judgment on the battery claim.
• Trammell v. Thomason
  559 F. Supp. 2d 1281· M.D. Fla.· 2008-06-03 ·cited 3×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that Florida's strict liability dog bite statutes do not apply to police dogs acting in their official duties and that sovereign immunity bars the state law claims. The court also found that genuine issues of material fact precluded summary judgment on the Section
• Schiavo v. Schiavo
  404 F.3d 1270· 11th Cir.· 2005-03-30 ·cited 3×·via Civil Rights Act (42 U.S.C. § 1983)
  The special concurrence argues that Public Law 109-3 is unconstitutional because it violates the separation of powers doctrine by dictating how federal courts should exercise their judicial functions, prescribing a "rule of decision" for a specific case, and infringing upon the i
• Fernandez v. City of Cooper City
  207 F. Supp. 2d 1371· S.D. Fla.· 2002-05-10 ·cited 3×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officers were entitled to qualified immunity as their use of force was objectively reasonable, and the City was entitled to summary judgment on all counts.
• Glendale More, Jr. v. Farrier
  984 F.2d 269· 8th Cir.· 1993-01-27 ·cited 3×
  The court held that the prison officials did not violate the inmates' equal protection rights by refusing to install cable television service in their individual cells.
• Robinson v. The City OF ST. Charles
  972 F.2d 974· 8th Cir.· 1992-08-14 ·cited 3×·via 42 U.S.C. § 1983 (Excessive Force)
  The court affirmed the jury's verdict of no liability for the Robinsons and agreed that Jones was not a prevailing party due to the lack of damages awarded, despite a finding of constitutional violation.
• Ada Sandra Kopf v. Wing
  942 F.2d 265· 4th Cir.· 1991-08-09 ·cited 3×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the appellant presented sufficient evidence to survive summary judgment on claims of excessive force against police officers and a pattern of unconstitutional conduct by the county.
• Mitson v. Coler
  670 F. Supp. 1568· S.D. Fla.· 1987-10-05 ·cited 3×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that Veterans Administration Improved Pensions (VAIP) awarded pursuant to 38 U.S.C. § 503(a)(8) as reimbursement for medical expenses should not be counted as income for determining eligibility for Florida's Medicaid Institutional Care Payments (ICP) Program.
• Carver v. Casey
  669 F. Supp. 412· S.D. Fla.· 1987-08-21 ·cited 3×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the plaintiff's Title VII claims were time-barred due to failure to provide timely notice to the proper defendant, and other claims were dismissed for lack of jurisdiction, preemption, or exclusivity of Title VII.
• Saunders v. State OF R.I.
  731 F.2d 81· 1st Cir.· 1984-03-30 ·cited 3×
  The court held that the jury's answers to interrogatories were inconsistent with each other and the general verdict, requiring a new trial, and that the jury instructions were incomplete due to the timing of the certification of questions to the state supreme court.
• Venuti v. Riordan
  702 F.2d 6· 1st Cir.· 1983-03-07 ·cited 3×
  The court held that the district court did not abuse its discretion in awarding attorney's fees against the city and in refusing to include costs for related administrative and criminal proceedings.
• South Florida Free Beaches v. City of Miami
  548 F. Supp. 53· S.D. Fla.· 1982-09-03 ·cited 3×
  The court held that nude sunbathing is not constitutionally protected expression and that while some ordinances and statutes were constitutional as applied, a portion of Florida Statute 877.03 was unconstitutionally overbroad.
• Melton v. Corley R. Young
  465 F.2d 1332· 6th Cir.· 1972-08-30 ·cited 3×
  A school regulation prohibiting 'provocative symbols' on clothing is unconstitutionally vague and cannot justify suspending a student for wearing a Confederate flag patch.
• Kent v. J.B. Thornhill
  2021 WL 877698· M.D. Fla.· 2025-11-05 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court recommended denying the motion to proceed in forma pauperis and dismissing the complaint because it is frivolous and fails to state a claim upon which relief can be granted.
• Dorey v. Hartmann
  2012 WL 4049438· M.D. Fla.· 2022-06-21 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the plaintiff's complaint, alleging excessive force and constitutional violations, was dismissed without prejudice because it failed to state a claim with sufficient factual allegations and improperly invoked the Eighth and Fourteenth Amendments instead of the
• Oniasse v. Hernandez
  112 La. 628· M.D. Fla.· 2018-12-03 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court granted summary judgment for the defendant Deputy Sheriff on the federal claims, finding no genuine dispute of material fact regarding probable cause for arrest or excessive force, and declined to exercise supplemental jurisdiction over the state law claims.
• S. Fla. Equitable Fund LLC v. City of Miami
  770 F. Supp. 2d 1269· S.D. Fla.· 2011-03-14 ·cited 2×
  The court held that SFEF's claims were not ripe for judicial review because SFEF failed to obtain a final decision from the City Commission and did not demonstrate hardship. The court also found the claims moot due to the enactment of a new zoning ordinance.