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

• Churruca v. Miami Jai-Alai, Inc.
  353 So. 2d 547· Fla.· 1977-11-17 ·cited 45×·via Civil Rights Act (42 U.S.C. § 1983)
  Professional jai-alai players sued fronton owners for tortious conspiracy to deprive them of employment following a failed 1968 strike. The Florida Supreme Court held that the complaint states a valid cause of action for tortious conspiracy when employers acting in concert malici
• Mrs. Susan Russo v. Cent. Sch. Dist. NO. 1
  469 F.2d 623· 2d Cir.· 1972-11-14 ·cited 45×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  A teacher's dismissal solely for refusing to participate in the daily flag salute ceremonies, when done respectfully and without disrupting the educational environment, violates their First Amendment rights.
• Donahue v. Staunton
  471 F.2d 475· 7th Cir.· 1972-07-06 ·cited 45×
  The court held that the plaintiff's speech, which was found to be disruptive and detrimental to the hospital's operations and patient care, provided justifiable reasons for termination, and thus no constitutional right was violated.
• Walker v. Olin G. Blackwell
  411 F.2d 23· 5th Cir.· 1969-05-14 ·cited 45×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the denial of a special diet during Ramadan and the prohibition of correspondence with Elijah Muhammad were unconstitutional deprivations of religious freedom, while the denial of a specific radio broadcast was permissible.
• Santiago-Negron v. Modesto Castro-Davila
  865 F.2d 431· 1st Cir.· 1989-01-11 ·cited 44×
  The court held that a new trial on damages is required due to erroneous jury instructions on due process, but the jury's finding of political discrimination stands. Reinstatement is permissible despite illegal hiring practices.
• French v. Owens
  777 F.2d 1250· 7th Cir.· 1985-11-26 ·cited 44×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that while overcrowding, double-celling, inhumane restraints, inadequate medical care, and poor kitchen facilities violated the Eighth Amendment, the district court erred in mandating specific compliance with fire/safety codes and in ordering equal access to rehabi
• Rookard v. Health & Hosps. Corp.
  710 F.2d 41· 2d Cir.· 1983-06-09 ·cited 44×
  The court reversed the district court's dismissal, finding a glimmer of a prima facie case for reversal based on the chaotic conditions at Harlem Hospital and potential constitutional deprivations.
• Miofsky v. Superior Court OF the State OF Cal.
  703 F.2d 332· 9th Cir.· 1983-01-03 ·cited 44×
  A federal district court has subject matter jurisdiction over a civil rights action brought under 42 U.S.C. § 1983, even when the alleged infringement of rights arises from state court proceedings, and res judicata does not bar claims summarily denied by state appellate courts.
• Berry v. McLEMORE
  670 F.2d 30· 5th Cir.· 1982-03-08 ·cited 44×
  A municipality cannot be held liable under § 1983 absent evidence that the constitutional deprivation was pursuant to an official policy or custom, and a plaintiff cannot recover attorney fees from a party dismissed from the suit. However, the district court abused its discretion
• PUE v. Sillas
  632 F.2d 74· 9th Cir.· 1980-06-25 ·cited 44×
  The court held that the district judge abused his discretion by ordering abstention because the state statutes at issue were clear and the presence of a 'mirror-image' state constitutional claim does not justify abstention.
• Cockrum v. Whitney
  479 F.2d 84· 9th Cir.· 1973-05-09 ·cited 44×
  The court held that the trial judge erred in setting aside the jury verdict against the marshal because the judge improperly reweighed the evidence instead of viewing it in the light most favorable to the plaintiff. The judgment in favor of the sheriff's deputy was affirmed.
• Burns v. Swenson
  430 F.2d 771· 8th Cir.· 1970-08-31 ·cited 44×
  The court held that while an inmate's access to the ACLU could be reasonably regulated for prison security, the order declaring his prior confinement in maximum security "legally improper" was unwarranted and reversed that portion of the lower court's decision.
• Meyers v. Contra Costa Cnty. Dep't OF Soc. Servs.
  812 F.2d 1154· 9th Cir.· 1987-03-16 ·cited 43×
• Norlock v. City OF Garland
  768 F.2d 654· 5th Cir.· 1985-08-15 ·cited 43×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court did not err in dismissing the suit for failure to perfect service of process under Federal Rule of Civil Procedure 4, as the plaintiff failed to comply with the rule's requirements for service by mail and did not seek an extension of time.
• Baumann v. Ariz. Dep't OF Corr.
  754 F.2d 841· 9th Cir.· 1985-02-28 ·cited 43×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a prisoner has no constitutionally protected liberty interest in custodial release on work or home furlough absent a state statute with a "shall/unless" formula, and thus officials are immune from liability.
• Bowman v. Pulaski Cnty. Special Sch. Dist.
  723 F.2d 640· 8th Cir.· 1983-12-29 ·cited 43×
  The court held that the involuntary transfers of the appellants constituted an abuse of discretion and violated their First Amendment rights, but affirmed the award of attorney fees.
• Stapp v. Avoyelles Parish Sch. Bd.
  545 F.2d 527· 5th Cir.· 1977-01-17 ·cited 43×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The dissenting judge holds that a letter of intent from a superintendent does not create a property interest in re-employment protected by due process under Louisiana law.
• In re Estelle
  516 F.2d 480· 5th Cir.· 1975-07-24 ·cited 43×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  Mandamus is inappropriate because the trial court's decision on the United States' right to intervene, even if erroneous, was not a usurpation of power and the petitioner suffers no irreparable harm.
• Kurowski v. Krajewski
  848 F.2d 767· 7th Cir.· 1988-06-02 ·cited 42×
  A judge may not fire assistant public defenders based on their political affiliations, as this constitutes an administrative act subject to qualified immunity, not judicial immunity.
• Mazie Keller v. Prince George's Cnty.
  827 F.2d 952· 4th Cir.· 1987-08-26 ·cited 42×
  Congress intended Title VII to be an additional, not exclusive, remedy for employment discrimination claims violating the Fourteenth Amendment, preserving the right to bring a § 1983 action.
• B.C.R. Transp. Co., Inc. v. Fontaine
  727 F.2d 7· 1st Cir.· 1984-02-08 ·cited 42×
  The court held that a jury could reasonably find that a police officer lacked probable cause and acted in bad faith when obtaining warrants based on an alleged victim's uncorroborated story, and that collateral estoppel did not bar a civil rights action when the issue of probable
• Union Cnty. Jail Inmates v. DI Buono
  713 F.2d 984· 3d Cir.· 1983-08-11 ·cited 42×
  The court held that while overcrowding conditions at the jail may be constitutionally problematic, the Commissioner's actions in assigning state prisoners to the jail were not unconstitutional, and the district court erred in voiding the Executive Orders and enjoining the Commiss
• Zoll v. E. Allamakee Cmty. Sch. Dist.
  588 F.2d 246· 8th Cir.· 1978-12-07 ·cited 42×
  The court held that there was sufficient evidence of retaliatory motive to support the jury verdict, and that the jury instruction was not reversible error, but vacated the attorney fee award and remanded for reconsideration of post-trial back pay and attorney fees.
• Shouse v. Pierce Cnty.
  559 F.2d 1142· 9th Cir.· 1977-08-25 ·cited 42×
  The court held that the statutory limitation period for challenging the formation of a Utility District is not applicable to a federal civil rights action, and that the protest provisions of the statute are severable from the remainder, meaning their potential invalidity would no
• Bonner v. Cir. Court OF the City OF ST. Louis
  526 F.2d 1331· 8th Cir.· 1975-11-28 ·cited 42×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
• Detainees OF the Brooklyn House OF Detention FOR MEN v. Malcolm
  520 F.2d 392· 2d Cir.· 1975-07-31 ·cited 42×
  The court held that double celling of pretrial detainees in 5x8 cells constitutes an unconstitutional deprivation of due process and equal protection rights.
• Cleaver v. Wilcox
  499 F.2d 940· 9th Cir.· 1974-06-07 ·cited 42×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that while injunctive relief was inappropriate due to lack of irreparable harm and Younger considerations, declaratory relief regarding the right to appointed counsel in child dependency cases was proper.
• Duncan v. Nelson
  466 F.2d 939· 7th Cir.· 1972-03-29 ·cited 42×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that while a plaintiff cannot recover damages for conviction and incarceration resulting from an improperly admitted involuntary confession, they may still pursue a claim for harm suffered due to the unlawful interrogation itself.
• United States ex rel. Burwell L. Jones v. Bundle
  453 F.2d 147· 3d Cir.· 1971-12-28 ·cited 42×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that summary judgment was improperly granted because genuine issues of material fact existed regarding the prisoner's religious freedom claim.
• Soglin v. Kauffman
  418 F.2d 163· 7th Cir.· 1969-10-24 ·cited 42×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the University of Wisconsin's disciplinary proceedings based on the vague doctrine of "misconduct" violate the First and Fourteenth Amendments.
• Goss v. State OF Ill.
  312 F.2d 257· 7th Cir.· 1963-01-24 ·cited 42×·via Civil Rights Act (42 U.S.C. § 1983)
  The Civil Rights Act does not grant federal district courts jurisdiction to collaterally attack a state criminal contempt conviction affirmed by the highest state court.
• Redner v. Dean
  29 F.3d 1495· 11th Cir.· 1994-08-26 ·cited 41×
  Joseph Redner challenged the constitutionality of a Citrus County, Florida ordinance regulating adult entertainment establishments after being convicted of operating such a facility without a license. The district court granted Redner's habeas corpus petition, finding the ordinan
• Hayes v. Thompson
  637 F.2d 483· 7th Cir.· 1980-12-18 ·cited 41×
  Prison officials are not entitled to immunity from monetary damages if the constitutional right infringed was clearly established and they knew or should have known of the right and their conduct violated it.
• Margarette Curtis v. Taylor
  625 F.2d 645· 5th Cir.· 1980-09-11 ·cited 41×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the state's limitation of physician visits to three per month was sufficient to reasonably achieve the purpose of such care, and thus did not violate federal regulations. The appeal concerning the adequacy of notice was dismissed as moot.
• Carter v. Quinn
  2023 WL 5745494· N.D. Fla.· 2025-06-09 ·cited 40×·via 42 U.S.C. § 1983 Civil Rights Claim
  A pro se prisoner's failure to accurately disclose prior litigation history on a complaint form, even if unintentional, warrants dismissal without prejudice under 28 U.S.C. § 1915(e)(2)(B) and § 1915A(a).
• Peters v. The City OF Shreveport
  818 F.2d 1148· 5th Cir.· 1987-05-26 ·cited 40×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the city's reliance on a state statute did not qualify as a "factor other than sex" exception under the Equal Pay Act because sex played a part in the wage differential, even if not a significant one. The court also found that the Secretary of Labor's interpre
• Hodge v. Police Officers: Colon
  802 F.2d 58· 2d Cir.· 1986-09-29 ·cited 40×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the district court abused its discretion by failing to consider the appropriate criteria when denying a request for appointed counsel for an indigent civil litigant.
• Bryant R. Britt v. Simi Valley Unified Sch. Dist.: John W. Duncan
  708 F.2d 452· 9th Cir.· 1983-06-13 ·cited 40×
  Failure to object to a magistrate's recommendation does not waive the right to appeal the district court's decision on purely legal issues.
• Howie Ray Robinson v. Wade
  686 F.2d 298· 5th Cir.· 1982-09-20 ·cited 40×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The Court held that the defendant's reprosecution was not barred by the Double Jeopardy Clause, as the prosecutor's conduct, while improper, did not demonstrate an intent to provoke a mistrial, and the court reporter's negligence in losing a transcript did not trigger double jeop
• The Casbah, Inc. v. Thone
  651 F.2d 551· 8th Cir.· 1981-06-08 ·cited 40×
  The court held that Nebraska Legislative Bill 991, prohibiting drug paraphernalia, is constitutional as written and construed, rejecting claims of vagueness, overbreadth, and violations of first and fourth amendment rights.
• Silas K. Brown v. Stackler
  612 F.2d 1057· 7th Cir.· 1980-01-21 ·cited 40×
  The court held that a district court has discretion to deny attorney fees entirely when a claim is outrageously inflated, as a deterrent against unreasonable demands.
• Guzman v. The W. State Bank OF Devils Lake
  540 F.2d 948· 8th Cir.· 1976-08-27 ·cited 40×
  The court held that the district court erred in granting judgment notwithstanding the verdict because the jury had sufficient evidence to find bad faith, and the punitive damages award against the Bank was excessive.
• Garrett v. City OF Hamtramck
  503 F.2d 1236· 6th Cir.· 1974-09-26 ·cited 40×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that relief could not be granted for claims related to earlier urban renewal projects (Smith-Clay, Chrysler Expressway) or building code enforcement due to improper class action certification and notice.
• Palmer v. Columbia GAS OF Ohio, Inc.
  479 F.2d 153· 6th Cir.· 1973-05-22 ·cited 40×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  A privately owned public utility's termination of essential services, when authorized and regulated by the state, constitutes state action and must comply with due process requirements.
• Cole v. Lavern Smith
  344 F.2d 721· 8th Cir.· 1965-05-07 ·cited 40×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that alleged assaults by prison officials, without a showing of constitutional violation, are not actionable under the Civil Rights Act and are matters for state courts or internal prison discipline.
• Winston v. Buford
  747 F.2d 445· 8th Cir.· 1984-10-30 ·cited 39×
  The court held that the district court properly granted summary judgment, dismissed the claims as time-barred, and awarded attorneys' fees.
• Anderson v. Cent. Point Sch. Dist. NO. 6
  746 F.2d 505· 9th Cir.· 1984-10-29 ·cited 39×
  The court held that a teacher's letter to the school board concerning athletic program restructuring, even if containing some private details, constitutes protected speech under the First Amendment when its primary subject is a matter of public concern. The court also affirmed th
• Smith v. Cherry
  489 F.2d 1098· 7th Cir.· 1973-11-27 ·cited 39×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that plaintiffs sufficiently alleged deprivation of rights under the Constitution and Civil Rights Act, reversing the dismissal of their complaint.
• Jennings v. Ilus W. Davis
  476 F.2d 1271· 8th Cir.· 1973-04-20 ·cited 39×
  The court held that respondeat superior is not available to impose vicarious liability under 42 U.S.C. § 1983 for a defendant who has no personal involvement in the alleged deprivation of rights, and that negligence claims also failed due to lack of affirmative duty or personal i
• Presidents Council v. Cmty. Sch. Bd. NO. 25
  457 F.2d 289· 2d Cir.· 1972-03-21 ·cited 39×
  The court held that the removal of a book from a junior high school library by a Community School Board did not violate students' or teachers' First Amendment rights, as the Board has the authority to select library materials and no speech or thought was curtailed.