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

• Williams v. Mo. Bd. OF Prob. & Parole
  661 F.2d 697· 8th Cir.· 1981-10-09 ·cited 34×
  The court held that the Missouri parole statute creates a protected liberty interest in parole release, requiring due process protections for inmates.
• Milwe v. Cavuoto
  653 F.2d 80· 2d Cir.· 1981-06-25 ·cited 34×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the district court abused its discretion in denying attorney's fees under 42 U.S.C. § 1988, as its reasoning was based on an overly restrictive interpretation of precedent and failed to consider key factors.
• Clark v. Whiting
  607 F.2d 634· 4th Cir.· 1979-09-17 ·cited 34×
  Federal courts should not review academic promotion decisions based on subjective evaluations of scholarly merit, absent claims of racial/sex discrimination or First Amendment violations.
• Green v. Eyck
  572 F.2d 1233· 8th Cir.· 1978-03-07 ·cited 34×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the 180-day statute of limitations for housing discrimination claims applied to §§ 1981 and 1982, but a three-year statute applied to the § 1983 claim. The court also held that the plaintiffs' claim under the Fair Housing Act was untimely.
• Smith v. Sheriff Mike Sullivan
  553 F.2d 373· 5th Cir.· 1977-05-19 ·cited 34×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that while a district court has broad equitable powers to remedy constitutional violations in jail conditions, it cannot interfere with the budgetary authority of the Commissioner's Court regarding personnel pay scales. The court affirmed most of the district court
• McREDMOND v. Wilson
  533 F.2d 757· 2d Cir.· 1976-02-02 ·cited 34×
• Vick v. Tex. Emp. Comm'n
  514 F.2d 734· 5th Cir.· 1975-06-12 ·cited 34×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The dissenting judge believes the district court erred in awarding insufficient prenatal benefits and attorney fees, and suggests remanding to allow amendment of parties.
• Robison v. Wichita Falls & N. Tex. Cmty. Action Corp.
  507 F.2d 245· 5th Cir.· 1975-01-15 ·cited 34×
• DOE v. McMILLAN
  459 F.2d 1304· D.C. Cir.· 1972-01-20 ·cited 34×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the District Court properly dismissed the complaint because all defendants were immune from suit, either through legislative immunity under the Speech or Debate Clause or through the doctrine of official immunity.
• Taylor v. NEW York City Transit Auth. & Civil Serv. Comm'n of the City of N.Y.
  433 F.2d 665· 2d Cir.· 1970-10-26 ·cited 34×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the plaintiff's federal constitutional claim was barred by res judicata and collateral estoppel due to prior state administrative and judicial proceedings, as the plaintiff had the opportunity to raise the issue in those proceedings but failed to do so.
• Chaney v. The State BAR OF Cal.
  386 F.2d 962· 9th Cir.· 1967-11-21 ·cited 34×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  A federal court cannot grant relief for a state bar applicant's failure to be certified until the state supreme court has made a final determination on the matter, as the committee's refusal to certify is merely advisory.
• Rigney v. Hendrick
  355 F.2d 710· 3d Cir.· 1965-10-15 ·cited 34×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
• United States ex rel. George Atterbury v. Ragen
  237 F.2d 953· 7th Cir.· 1956-11-06 ·cited 34×·via Civil Rights Act (42 U.S.C. § 1983)
  The court affirmed the dismissal of the complaint, finding it failed to state a cause of action under the Fourteenth Amendment and relevant Civil Rights statutes.
• Jacobs v. Mancuso
  825 F.2d 559· 1st Cir.· 1987-07-24 ·cited 33×
  The court held that the district court's substantial reduction in attorney's fees lacked sufficient explanation and justification, requiring appellate review and recalculation.
• Kidd v. O'Neil
  774 F.2d 1252· 4th Cir.· 1985-09-23 ·cited 33×·via 42 U.S.C. § 1983 (Excessive Force)
  The Fourth and Fourteenth Amendments provide protection against excessive force by state police during arrests, and the district court erred in requiring a specific intent to infringe a constitutional right for such claims.
• White Mountain Apache Tribe v. Williams
  810 F.2d 844· 9th Cir.· 1984-02-07 ·cited 33×
  A preemption claim under the Supremacy Clause, based on federal occupation of a field or conflict with federal goals, does not give rise to a claim cognizable under 42 U.S.C. § 1983, and therefore does not support an award of attorney's fees under 42 U.S.C. § 1988.
• Moore v. The City OF SAN Jose
  615 F.2d 1265· 9th Cir.· 1980-04-01 ·cited 33×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court affirmed the district court's approval of the settlement agreement, its dismissal of claims against the Association, and its denial of attorneys' fees.
• Slyvester Harris v. Harvey
  605 F.2d 330· 7th Cir.· 1979-08-20 ·cited 33×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  A judge's extrajudicial acts, motivated by racial animus and performed under color of law, are not protected by judicial or prosecutorial immunity and can form the basis of an equal protection claim under 42 U.S.C. § 1983.
• Shipp v. Hardin E. Todd
  568 F.2d 133· 9th Cir.· 1978-01-10 ·cited 33×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that a state court clerk has quasi-judicial immunity from damages but not from suits for injunctive relief, and federal courts have the power to expunge criminal records.
• United States ex rel. George Simmons v. Mr. Robert J. Zibilich
  542 F.2d 259· 5th Cir.· 1976-11-11 ·cited 33×
  A court-appointed volunteer attorney is not liable under 42 U.S.C. § 1983 for malpractice-type actions or omissions because their conduct is not "under color of state law."
• McKINNEY v. DE Bord
  507 F.2d 501· 9th Cir.· 1974-11-21 ·cited 33×
  The court held that the district court erred in dismissing a count of the complaint without allowing the plaintiff to respond, by improperly considering materials outside the complaint.
• Lindahl King v. Saddleback Junior Coll. Dist.
  445 F.2d 932· 9th Cir.· 1971-06-25 ·cited 33×·via Civil Rights Act (42 U.S.C. § 1983)
  School dress code regulations on male students' hair length do not unconstitutionally infringe upon students' rights when enacted for the educational process and applied even-handedly.
• de Vita v. Sills
  422 F.2d 1172· 3d Cir.· 1970-03-09 ·cited 33×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the district court had jurisdiction under 42 U.S.C. § 1983 to enjoin state proceedings and that abstention was inappropriate, but the plaintiff's claims regarding self-incrimination, prejudicial publicity, and denial of effective counsel were not grounds for i
• Kennedy v. LOS Angeles Police Dep't
  887 F.2d 920· 9th Cir.· 1989-10-11 ·cited 32×
  The court held that the officers lacked probable cause to arrest Kennedy for grand theft and were not entitled to qualified immunity, and that the LAPD's policy of conducting body-cavity searches on all felony arrestees violates the Fourth Amendment.
• Pugh v. Parish OF ST. Tammany
  875 F.2d 436· 5th Cir.· 1989-05-31 ·cited 32×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a complaint filed in forma pauperis is not automatically frivolous for failing to state a claim, but this complaint was still properly dismissed as frivolous due to prosecutorial immunity and lack of arguable basis in law or fact.
• Hinshaw v. Doffer
  785 F.2d 1260· 5th Cir.· 1986-03-28 ·cited 32×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the evidence was insufficient to support a judgment against the police chief for failure to supervise or train the officer, but sufficient to support judgments against the officer for false arrest and excessive force. The court also held that the officer is fu
• McGRATH v. Carlo Spirito, Jr.
  733 F.2d 967· 1st Cir.· 1984-05-02 ·cited 32×
  The court held that the defendant waived his objections to jury instructions by failing to properly object after the charge, and that the given instruction was not plain error.
• Keylik v. Goldstein
  724 F.2d 844· 1st Cir.· 1984-01-11 ·cited 32×
  The court held that an attorney's prior consultation with a potential witness, even if brief and followed by withdrawal, can create a conflict of interest warranting disqualification if the matters are substantially related to the current litigation, and that opposing counsel has
• Boatowners & Tenants Ass'n, Inc. v. Port OF Seattle
  716 F.2d 669· 9th Cir.· 1983-09-22 ·cited 32×·via 42 U.S.C. § 1983 Cause Of Action
  The court held that the River and Harbor Improvements Act does not create enforceable federal rights for pleasure craft owners, thus precluding a cause of action under 42 U.S.C. § 1983.
• Clark v. The City OF LOS Angeles
  650 F.2d 1033· 9th Cir.· 1981-07-13 ·cited 32×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the admission of a diary as evidence was reversible error because it was not a business record or recorded recollection and was highly prejudicial. The court also affirmed the denial of the motion to declare the zoning ordinance unconstitutional.
• Manning v. Lockhart
  623 F.2d 536· 8th Cir.· 1980-06-26 ·cited 32×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court erred in admitting government affidavits without proper foundation and in refusing to subpoena a key witness, requiring reversal and remand for a new trial.
• Ventetuolo v. Burke
  596 F.2d 476· 1st Cir.· 1979-03-30 ·cited 32×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the plaintiff did not have a constitutionally protected property interest in his employment due to his status as an unclassified employee serving at will, and that the statements made about him did not rise to the level of defamation or infringe upon a liberty
• Robinson v. Bergstrom
  579 F.2d 401· 7th Cir.· 1978-06-13 ·cited 32×·via 42 U.S.C. § 1983 Civil Rights Claim
  A public defender, as an employee of a state instrumentality, acts under color of state law for purposes of 42 U.S.C. § 1983, and is entitled to absolute immunity for acts performed in their official capacity.
• Davis v. Se. Cmty. Coll.
  574 F.2d 1158· 4th Cir.· 1978-03-28 ·cited 32×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the college must reconsider the plaintiff's application without regard to her hearing disability, applying newly promulgated regulations that define 'otherwise qualified' based on academic and technical standards, not the handicap itself.
• Williams v. Walsh
  558 F.2d 667· 2d Cir.· 1977-06-27 ·cited 32×
  The court held that the plaintiff's § 1983 action was time-barred by the borrowed Connecticut tort statute of limitations, and that neither the equitable claim for reinstatement nor tolling of the statute were applicable.
• Smart v. Romeo Villar
  547 F.2d 112· 10th Cir.· 1976-12-30 ·cited 32×
  A difference of opinion between a prisoner and medical staff regarding diagnosis or treatment does not constitute a constitutional violation under 42 U.S.C. § 1983.
• Gieringer v. Ctr. Sch. Dist. NO. 58
  477 F.2d 1164· 8th Cir.· 1973-04-20 ·cited 32×
  A school board cannot dismiss a nontenured teacher for making a report on a matter of public concern, even if the report contains inaccuracies, unless the inaccuracies were knowingly or recklessly made or the report caused a disruption to school operations.
• Lasher v. Shafer
  460 F.2d 343· 3d Cir.· 1972-05-11 ·cited 32×
  The court held that the district court erred in dismissing the case for lack of federal jurisdiction, as the complaint alleged actions taken under color of state law, not federal law.
• P I Enters., Inc. v. Cataldo
  457 F.2d 1012· 1st Cir.· 1972-03-31 ·cited 32×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  A federal court action based on substantially identical facts and claims as a prior state court decision is barred by res judicata and collateral estoppel, even if the federal action seeks damages under a federal statute.
• Farrell v. Lewin Joel, Jr.
  437 F.2d 160· 2d Cir.· 1971-01-20 ·cited 32×·via Civil Rights Act (42 U.S.C. § 1983)
• Cary Michael Lambrix v. State
  39 So. 3d 260· Fla.· 2010-04-15 ·cited 31×
  Cary Michael Lambrix, convicted of two 1983 murders and sentenced to death, appealed the denial of his successive motion for postconviction relief. The Florida Supreme Court affirmed the denial, rejecting claims that the State withheld exculpatory evidence regarding a witness's a
• Dowling v. City OF Philadelphia
  855 F.2d 136· 3d Cir.· 1988-08-26 ·cited 31×
  The dissenting judge believes the district court's grant of summary judgment was premature because it failed to rule on a pending motion for a protective order regarding discovery.
• Taylor v. City OF Fort Lauderdale
  810 F.2d 1551· 11th Cir.· 1987-03-02 ·cited 31×
• Texaco Inc. v. Pennzoil Co.
  784 F.2d 1133· 2d Cir.· 1986-02-20 ·cited 31×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the district court had jurisdiction over Texaco's claims regarding the Texas bonding and lien provisions violating due process and equal protection, but lacked jurisdiction over other claims that constituted an impermissible review of the Texas state court jud
• Thad D. Lowe v. Letsinger
  772 F.2d 308· 7th Cir.· 1985-08-29 ·cited 31×
  Judges are absolutely immune for judicial acts, including delays in ruling and decisions regarding notice. Clerks performing ministerial duties are not absolutely immune. The Attorney General is not liable without knowledge of the concealed judgment.
• Carreras v. City OF Anaheim
  768 F.2d 1039· 9th Cir.· 1985-08-13 ·cited 31×
  The court held that the City of Anaheim cannot constitutionally prohibit ISKCON from soliciting donations on the walkways outside the convention center and stadium, and that the city's solicitation ordinance is facially unconstitutional.
• Barksdale v. King
  699 F.2d 744· 5th Cir.· 1983-03-07 ·cited 31×
  The court held that the pro se inmate's filing, liberally construed, sufficiently alleged a causal connection between the Secretary of Corrections' actions and the inmate's constitutional injury, thus stating a claim for relief.
• Hollis v. Itawamba Cnty. Loans
  657 F.2d 746· 5th Cir.· 1981-09-30 ·cited 31×
  The court held that the district court erred in dismissing the plaintiff's § 1983 action for damages without a proper hearing on the merits, and that the issue of the Mississippi replevin statute's constitutionality should be considered on remand.
• Delaney v. Giarrusso
  633 F.2d 1126· 5th Cir.· 1981-01-05 ·cited 31×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the illegal arrest claim requires exhaustion of state remedies, while the excessive force claim can proceed on the merits. The judgment dismissing the excessive force claim is affirmed, and the illegal arrest claim is vacated and remanded.
• Cousins v. Wigoda
  463 F.2d 603· 7th Cir.· 1972-06-29 ·cited 31×
  The court held that vacating a preliminary injunction against a state court action seeking to suppress First Amendment rights was an abuse of discretion.