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

• Enriquez v. Mitchell
  533 F.2d 275· 5th Cir.· 1976-06-11 ·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that prison inmates do not have a right to counsel at disciplinary hearings and their silence can be given adverse evidentiary significance.
• Vargas v. Barcelo
  532 F.2d 765· 1st Cir.· 1976-03-26 ·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that plaintiffs' claims for damages against the mayor individually were barred by legislative immunity and that their claims regarding the unconstitutionality of the ordinance failed to state a claim upon which relief could be granted.
• Cornelia Webster v. Alan R. Perry as Chairman & representative of the Bd. of Educ. of the Winston-Salem/Forsyth Cnty. Sch. Sys.
  512 F.2d 612· 4th Cir.· 1975-03-17
  The court held that the district court correctly abstained from deciding the vagueness and overbreadth claims pending state court construction, but erred in remanding the due process claim, which requires a three-judge panel.
• Hattie Keenon v. Conlisk
  507 F.2d 1259· 7th Cir.· 1974-12-30 ·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the district court erred in dismissing the complaint without considering evidence, as the plaintiff's allegations of discriminatory treatment based on sex were sufficient to require justification from the defendants.
• Glover v. McMURRAY
  507 F.2d 1325· 2d Cir.· 1974-11-01 ·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that, in light of Hagans v. Lavine, the district court did have jurisdiction over the due process claim and pendent jurisdiction over the statutory claims.
• Miller v. Miller
  504 F.2d 1067· 9th Cir.· 1974-10-15 ·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the application of ORS 109.326(1) infringes upon the constitutional rights of natural fathers and declared the statute constitutionally null and void.
• Gardner v. McCARTHY
  503 F.2d 733· 9th Cir.· 1974-08-13
  The court held that the due process standards announced in Gagnon v. Scarpelli regarding counsel at parole revocation proceedings apply prospectively only. The court also held that a civil rights action under 42 U.S.C. § 1983 is not the proper avenue to obtain release or a new re
• Cadena v. Perasso
  498 F.2d 383· 9th Cir.· 1974-05-28 ·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  A judge is immune from civil liability for acts committed in their judicial capacity, and injunctive relief is inappropriate when adequate legal remedies exist.
• Burnett v. Dickerson
  485 F.2d 1249· 5th Cir.· 1973-11-01
  The court held that the jury's verdict was supported by the evidence and that the trial court did not err in its instructions or in failing to overturn the verdict.
• Henry v. Burton Cagle
  482 F.2d 137· 6th Cir.· 1973-07-13 ·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that there was sufficient evidence for the jury to find that the defendants acted under color of state law, even if the assault was personal.
• Greenmount Sales, Inc. v. Davila
  479 F.2d 591· 4th Cir.· 1973-05-23
  The First Amendment does not require a prior adversary judicial hearing before government authorities seize single copies of allegedly obscene publications for use as evidence in criminal prosecutions.
• Moynahan v. McDONALD
  471 F.2d 700· 2d Cir.· 1973-01-02
  The court held that a prosecutor's failure to disclose Grand Jury testimony did not violate Brady v. Maryland when the defendant was aware of the testimony and its substance prior to trial.
• Galligher v. McCARTHY
  470 F.2d 740· 9th Cir.· 1972-11-22 ·via Civil Rights Act (42 U.S.C. § 1983)
  A prisoner's petition seeking an injunction for recognition of religious rights and expungement of disciplinary records is not subject to federal habeas corpus exhaustion requirements.
• Ozel Conley v. Dauer
  463 F.2d 63· 3d Cir.· 1972-04-17
• Melvyn Monroe Brown v. Dugger
  456 F.2d 1260· 5th Cir.· 1972-03-29 ·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that prison officials complied with regulations regarding the storage of legal materials, and the applied rule was not invalid.
• Marnin v. Zampella
  456 F.2d 1097· 3d Cir.· 1972-02-29 ·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the appellant's claims were barred by the applicable statute of limitations.
• Williams v. Hon. Daniel McMANN
  454 F.2d 1139· 2d Cir.· 1972-01-25 ·via Civil Rights Act (42 U.S.C. § 1983)
• Manns v. The Honorable Lawrence L. Koontz
  451 F.2d 1344· 4th Cir.· 1971-11-30
  The court affirmed the district court's dismissal, holding that federal courts should not enjoin state criminal proceedings under the Younger abstention doctrine unless specific criteria for irreparable harm or patent unconstitutionality are met.
• Shan Sayles and Alix Cooperman v. Graham
  449 F.2d 783· 9th Cir.· 1971-10-05
  Federal courts should not interfere with state criminal prosecutions absent extraordinary circumstances, even if films were seized without a prior adversary hearing.
• Glasshofer v. Sennett
  444 F.2d 106· 3d Cir.· 1971-06-16 ·via Civil Rights Act (42 U.S.C. § 1983)
  Prison regulations prohibiting inmates from maintaining a private law library in their cells do not state a claim under the Civil Rights Act if access to the courts is not frustrated.
• Moore v. Buck
  443 F.2d 25· 3d Cir.· 1971-05-12 ·via Civil Rights Act (42 U.S.C. § 1983)
  A public prosecutor is immune from liability under the Civil Rights Act unless their conduct is clearly outside their jurisdiction.
• Freeman Coleman v. Hon. Leonard Yokum
  442 F.2d 351· 5th Cir.· 1971-04-28 ·via Civil Rights Act (42 U.S.C. § 1983)
  The Court of Appeals vacated the single-judge district court's decision and remanded with instructions to dismiss the complaint, finding federal intervention inappropriate while state prosecution is pending.
• Schack v. Starr
  440 F.2d 378· 5th Cir.· 1971-04-01 ·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the appellant failed to establish damages resulting from alleged delays by his court-appointed counsel.
• Mack v. The Fla. State Bd. OF Dentistry
  430 F.2d 861· 5th Cir.· 1970-07-07 ·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
• Campbell v. Louie L. Wainwright
  416 F.2d 949· 5th Cir.· 1969-10-06 ·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that an inmate's incarceration and the substantial administrative burdens and security risks associated with transporting him for medical procedures outweigh any claimed constitutional right to donate a kidney.
• Bryant v. Craven
  415 F.2d 775· 9th Cir.· 1969-08-25 ·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the prisoner's action was frivolous and properly dismissed, and that the denial of an injunction was within the sound discretion of the district judge.
• Kimble v. Dep't OF Corr.
  411 F.2d 990· 6th Cir.· 1969-06-11
  The court held that the seizure of currency and its placement in the Inmate General Benefit Fund was a properly regulated prison administrative function, not a civil rights violation.
• Taylor v. Peter Kiewit & Sons Co.
  271 F.2d 639· 10th Cir.· 1959-10-19 ·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the trial court's finding that the plaintiff was not laid off due to race but due to a reduction in force and performance issues was not clearly erroneous.