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

• Romer v. Leary
  425 F.2d 186· 2d Cir.· 1970-04-10 ·cited 31×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the plaintiff's action was barred by the three-year statute of limitations applicable to suits based on a liability created by statute.
• Barnes v. Merritt
  376 F.2d 8· 5th Cir.· 1967-04-18 ·cited 31×
  The court held that a complaint alleging arbitrary denial of a liquor license due to a lack of ascertainable standards states a claim for relief under the Fourteenth Amendment.
• Lucero v. Donovan
  354 F.2d 16· 9th Cir.· 1965-11-23 ·cited 31×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the search of the apartment and seizure of pills were unlawful absent valid consent, and that even if lawful, there was no probable cause for arrest. The court also found prejudicial admission of evidence regarding scars and irrelevant inquiry into marital sta
• Buckley v. Fitzsimmons
  919 F.2d 1230· 7th Cir.· 1990-12-05 ·cited 30×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court should not grant absolute immunity to a prosecutor for statements made at a press conference that allegedly create prejudicial pretrial publicity.
• Reed v. HOY
  909 F.2d 324· 9th Cir.· 1989-12-15 ·cited 30×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury instruction misstated the law by applying a substantive due process standard instead of the Fourth Amendment's objective reasonableness standard for excessive force claims.
• SAN Bernardino Physicians' Servs. Med. Grp., Inc. v. Cnty. OF SAN Bernardino
  825 F.2d 1404· 9th Cir.· 1987-08-26 ·cited 30×·via 42 U.S.C. § 1983 Civil Rights Claim
  A corporation's contract to supply services to the state does not create a constitutionally protected property interest under the Fourteenth Amendment, even if the contract contains provisions for termination only 'for cause'.
• Nydia Tavarez and Manny Tavarez v. O'Malley
  826 F.2d 671· 7th Cir.· 1987-08-13 ·cited 30×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the prolonged closure of the grocery store after the emergency had passed, without a hearing or opportunity to contest the seizure, constituted a denial of due process under the Fourteenth Amendment, and that the district court erred in granting summary judgme
• Hamer v. Cnty. OF Lake
  819 F.2d 1362· 7th Cir.· 1987-05-15 ·cited 30×
  The court held that attorney's fees could be awarded against the plaintiffs because their claims were largely frivolous, but fees could not be awarded against their attorneys under 42 U.S.C. § 1988.
• Lywanna Cooper v. City OF N. Olmsted
  795 F.2d 1265· 6th Cir.· 1986-07-16 ·cited 30×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that a prior state court decision denying unemployment benefits based on 'just cause' for discharge does not collaterally estop a subsequent federal discrimination claim, as the issues are not identical. The court also reversed a finding of retaliatory discharge du
• Shaw v. State OF Cal. Dep't OF Alcoholic Bev. Control
  788 F.2d 600· 9th Cir.· 1986-04-28 ·cited 30×
  The Eleventh Amendment and claim preclusion bar suits against state agencies and officials for damages, but not prospective injunctive relief. Issue preclusion does not apply to claims against municipal defendants when the initial tribunal lacked jurisdiction to directly decide t
• Est. OF Patricia E. Gilmore v. Buckley
  787 F.2d 714· 1st Cir.· 1986-03-31 ·cited 30×
  The court held that the state's failure to protect a victim from a third-party perpetrator, even with knowledge of the danger, does not violate the Fourteenth Amendment unless a special custodial relationship exists, and thus is not actionable under 42 U.S.C. § 1983.
• Riley v. Jeffes
  777 F.2d 143· 3d Cir.· 1985-11-21 ·cited 30×·via 42 U.S.C. § 1983 Civil Rights Claim
  The plaintiff prisoner's fear of assault due to unlocked cells does not rise to the level of an Eighth Amendment violation.
• Jensen v. Stangel
  762 F.2d 815· 9th Cir.· 1985-06-10 ·cited 30×
  The court held that the district court abused its discretion in awarding attorney's fees to the prevailing defendants because the plaintiff's civil rights action was not frivolous, unreasonable, or without foundation.
• Goodisman v. Lytle
  724 F.2d 818· 9th Cir.· 1984-01-24 ·cited 30×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The Eleventh Amendment does not bar claims for prospective relief against state officials in their individual capacities, and procedural regulations do not create a constitutionally protected property interest in tenure unless they impose significant substantive limitations on di
• Crawford v. Garnier
  719 F.2d 1317· 7th Cir.· 1983-09-26 ·cited 30×
  The court held that the jury's finding that the plaintiff's article was a substantial motivating factor in his termination was supported by substantial evidence, and that the admission of certain statements by an employment analyst was proper.
• Yusaf Asad Madyun v. Franzen
  704 F.2d 954· 7th Cir.· 1983-04-05 ·cited 30×
  The state may require male prison inmates, even those with religious objections, to submit to frisk searches by women guards, and the punishment for refusal was not excessive.
• Fitzharris v. Wolff
  702 F.2d 836· 9th Cir.· 1983-04-01 ·cited 30×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that an inmate who obtained a temporary restraining order preventing his transfer to a dangerous prison, and whose case later became moot due to parole, was a prevailing party entitled to attorney's fees under 42 U.S.C. § 1988.
• Evans v. City OF Chicago
  689 F.2d 1286· 7th Cir.· 1982-09-27 ·cited 30×
• DeVASTO v. Faherty
  658 F.2d 859· 1st Cir.· 1981-09-11 ·cited 30×
  The admission of evidence found during an unlawful search, without proper limiting instructions, was not harmless error and requires a new trial. The district court also erred in denying plaintiff's motion to amend her complaint to add the City of Boston as a defendant.
• Sylvander v. NEW England Home FOR Little Wanderers
  584 F.2d 1103· 1st Cir.· 1978-09-29 ·cited 30×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the § 1983 claim was barred by res judicata and collateral estoppel, and that federal habeas corpus jurisdiction does not extend to state child custody disputes.
• Thompson v. Parole Supervisor Burke
  556 F.2d 231· 3d Cir.· 1977-06-01 ·cited 30×
  The court held that the district court erred in granting a directed verdict for Parole Board Member Jefferson, as the record was insufficient to determine if he provided constitutionally adequate due process or if he is entitled to immunity.
• United States ex rel. Frank Stachulak v. Coughlin
  520 F.2d 931· 7th Cir.· 1975-08-06 ·cited 30×·via Civil Rights Act (42 U.S.C. § 1983)
  Due process requires that the state prove a person is sexually dangerous beyond a reasonable doubt for commitment under the Illinois Sexually Dangerous Persons Act.
• Scoggin v. Schrunk
  522 F.2d 436· 9th Cir.· 1975-07-23 ·cited 30×
  The court held that res judicata bars a federal constitutional claim if it is based on the same asserted wrong as a prior state action, even if not raised in state court.
• Hattie M. Blunt v. Marion Cnty. Sch. Bd.
  515 F.2d 951· 5th Cir.· 1975-07-14 ·cited 30×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that substantial evidence supported the school board's finding of incompetency, and the teacher's dismissal did not violate her constitutional rights to substantive due process, equal protection, or procedural due process.
• Bradford v. Weinstein
  519 F.2d 728· 4th Cir.· 1974-11-22 ·cited 30×
  The dissenting judge holds that state prisoners challenging parole procedures must first exhaust state remedies and then pursue habeas corpus, not a § 1983 action.
• Robert Dean Mattis, M.D. v. Patrolman Richard R. Schnarr
  502 F.2d 588· 8th Cir.· 1974-08-23 ·cited 30×
  The dissent argues that the court lacks jurisdiction because there is no actual case or controversy, as the defendants have no adverse legal interest in the constitutionality of the statutes at issue.
• Marshall v. Allyn R. Sielaff
  492 F.2d 917· 3d Cir.· 1974-02-27 ·cited 30×
  The court held that the district court did not abuse its discretion in dismissing the action for lack of prosecution, affirming the dismissal.
• Torbin H. Brenden v. Indep. Sch. Dist. 742
  477 F.2d 1292· 8th Cir.· 1973-04-18 ·cited 30×
  A state high school league rule prohibiting females from participating with males in interscholastic athletics violates the Equal Protection Clause of the Fourteenth Amendment.
• Asher v. Harrington
  461 F.2d 890· 7th Cir.· 1972-04-13 ·cited 30×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the complaint stated a proper federal claim under Section 1983 for arbitrary denial of constitutional rights.
• Hill v. City OF EL Paso
  437 F.2d 352· 5th Cir.· 1971-01-05 ·cited 30×
  The court affirmed the dismissal, holding that federal courts should abstain from deciding a constitutional challenge to a local ordinance when state courts can resolve the underlying state law issues, and that federal courts are generally prohibited from enjoining pending state
• Erlich v. Juda Glasner
  418 F.2d 226· 9th Cir.· 1969-10-28 ·cited 30×
  A stockholder cannot maintain a Civil Rights action in his own name for damages suffered by the corporation, even if he owns all the stock.
• Williams v. Field
  416 F.2d 483· 9th Cir.· 1969-09-29 ·cited 30×
  The court held that a prisoner's complaint alleging negligent failure to protect from a fellow inmate's attack, without more, does not state a claim under 42 U.S.C. § 1983.
• Bennett v. People OF the State OF Cal.
  406 F.2d 36· 9th Cir.· 1969-01-09 ·cited 30×·via Civil Rights Act (42 U.S.C. § 1983)
• Deane Hill Country Club, Inc. v. City OF Knoxville & George F. McCanless
  379 F.2d 321· 6th Cir.· 1967-06-16 ·cited 30×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that a city annexation ordinance and its enabling state act were constitutional and that the plaintiff's claims were barred by res judicata.
• Richey v. Wilkins
  335 F.2d 1· 2d Cir.· 1964-07-21 ·cited 30×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that a prisoner's good-faith procedural error in filing a notice of appeal with the Court of Appeals instead of the district court, and the prisoner's transfer to another facility, do not prevent the appeal from being heard or render the claim moot, especially when
• Flemming v. S.C. Elec. & GAS Co.
  224 F.2d 752· 4th Cir.· 1955-07-14 ·cited 30×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the separate but equal doctrine of Plessy v. Ferguson is no longer valid law and that the district court has jurisdiction over actions alleging deprivation of constitutional rights under color of state law.
• Tate v. Arnold
  223 F.2d 782· 8th Cir.· 1955-06-28 ·cited 30×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  A justice of the peace is entitled to judicial immunity for acts performed in their official capacity, and the Civil Rights Act does not abrogate this immunity.
• Hannula v. City OF Lakewood
  907 F.2d 129· 10th Cir.· 1990-06-29 ·cited 29×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the plaintiff failed to demonstrate that the officer's actions constituted a violation of clearly established law, thus entitling the officer to qualified immunity.
• Harris v. Menendez
  817 F.2d 737· 11th Cir.· 1987-05-27 ·cited 29×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court holds that the plaintiff's claims are barred by absolute judicial and prosecutorial immunity and that the remaining allegations are conclusory, failing to state a claim upon which relief can be granted.
• Solomon v. City OF Gainesville
  763 F.2d 1212· 11th Cir.· 1985-06-21 ·cited 29×
  The court held that Section 29-100(b)(2) of the Gainesville Sign Ordinance is facially unconstitutional due to overbreadth and vagueness, and that the petitioner has standing to challenge it.
• Africa v. The Commonwealth OF Pa. Leroy S. Zimmerman (Attorney General) Bureau of Corr. Ronald Marks (Commissioner of B.O.C.)
  662 F.2d 1025· 3d Cir.· 1981-10-30 ·cited 29×
  The court held that the prisoner's beliefs and practices associated with the MOVE organization did not constitute a religion protected by the First Amendment's Free Exercise Clause.
• Manhart v. City OF LOS Angeles
  553 F.2d 581· 9th Cir.· 1976-11-23 ·cited 29×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the pension plan's higher contribution requirement for women, based on presumed longevity, constitutes unlawful sex discrimination under the Equal Pay Act, distinguishing it from prior Supreme Court rulings on disability benefits.
• Hanover Twp. Fed'n OF Teachers Local 1954 (AFL-CIO) v. Hanover Cmty. Sch. Corp.
  457 F.2d 456· 7th Cir.· 1972-01-12 ·cited 29×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the mailing of individual contracts to teachers, even if it undermined union strength, did not violate federal constitutional rights under the Civil Rights Act, and that the union lacked standing to assert its own claims for economic injury.
• Sellers v. The Regents OF the Univ. OF Cal.
  432 F.2d 493· 9th Cir.· 1970-09-17 ·cited 29×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the district court properly dismissed the complaint, refusing to convene a three-judge court, as there was no genuine threat of irreparable harm or chilling effect on First Amendment rights to warrant injunctive relief.
• Holland v. Ciccone
  386 F.2d 825· 8th Cir.· 1967-12-28 ·cited 29×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the Attorney General's discretion in determining a prisoner's place of confinement and medical treatment is not subject to review in a habeas corpus proceeding absent a showing of arbitrariness or capriciousness.
• Scruggs v. Moellering
  870 F.2d 376· 7th Cir.· 1989-03-01 ·cited 28×·via Civil Rights Suit Under 42 U.S.C. § 1983
  A federal civil rights suit ancillary to a post-conviction proceeding, seeking an injunction to obtain an accurate transcript, requires exhaustion of state remedies and is an improper collateral attack on a conviction.
• Fludd v. J.B. Dykes
  863 F.2d 822· 11th Cir.· 1989-01-17 ·cited 28×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The Batson v. Kentucky rule, which prohibits racially motivated peremptory challenges, applies in civil cases as well as criminal cases. The trial court's refusal to consider Batson in a civil suit constitutes reversible error.
• Williams v. Lane
  851 F.2d 867· 7th Cir.· 1988-06-27 ·cited 28×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court affirmed the district court's judgment, compelled by the defendants' litigation strategy and non-compliance.
• Alva Gutierrez v. Mun. Court OF the Se. Jud. Dist.
  838 F.2d 1031· 9th Cir.· 1988-01-27 ·cited 28×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction against an English-only rule, finding a likelihood of success on the merits under Title VII and the possibility of irreparable injury. It also held that the judges were not ent
• Fleming v. Dep't OF Pub. Safety
  837 F.2d 401· 9th Cir.· 1988-01-21 ·cited 28×
  The Commonwealth of the Northern Mariana Islands is not immune from suit under 42 U.S.C. § 1983, but the plaintiff suffered no cognizable constitutional injury, thus the motion for judgment notwithstanding the verdict should have been granted.