42 U.S.C. § 1983 Civil Rights Claim

229 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Eastway Constr. Corp. v. The City OF NEW York
  762 F.2d 243· 2d Cir.· 1985-05-21 ·cited 223×
  The court held that the district court erred in denying the municipal defendants' motion for attorneys' fees incurred in defending against Eastway's civil rights claim, as the claim was unreasonable and groundless.
• Fidel Ramos v. The Honorable Richard D. Lamm
  639 F.2d 559· 10th Cir.· 1980-09-25 ·cited 201×
  The court denied petitions for rehearing and a suggestion for rehearing en banc, modifying its prior opinion to remove reliance on disputed stipulations. The court also awarded plaintiffs 75% of their costs.
• Knighton v. Watkins
  616 F.2d 795· 5th Cir.· 1980-05-07 ·cited 174×
  Attorney's fees were warranted under 42 U.S.C. § 1988, but the trial court's award was inadequate and improperly calculated. The court vacated the award and remanded for redetermination.
• Oliveri v. Thompson
  803 F.2d 1265· 2d Cir.· 1986-10-15 ·cited 150×
  The court held that sanctions under 28 U.S.C. § 1927 require a finding of subjective bad faith, while Rule 11 sanctions can be imposed for signing papers that are not well-grounded in fact or law after reasonable inquiry, or are filed for an improper purpose.
• Claudine Hall v. Garson
  430 F.2d 430· 5th Cir.· 1970-07-22 ·cited 110×
  The court held that the district court erred in dismissing the case for lack of federal jurisdiction and that a claim was stated under 42 U.S.C. § 1983, but affirmed the refusal to convene a three-judge court.
• Carter v. Carlson
  447 F.2d 358· D.C. Cir.· 1971-07-23 ·cited 108×
  The court held that supervisory officials are not absolutely immune from suit under 42 U.S.C. § 1983, and that the District of Columbia should share liability for police misconduct.
• Sweet v. S.C. Dep't OF Corr.
  529 F.2d 854· 4th Cir.· 1975-12-01 ·cited 75×
  The court held that indefinite solitary confinement to protect a prisoner from other inmates, when the prisoner has violated no rules, constitutes cruel and unusual punishment and violates due process and equal protection. The court also held that a prisoner's fear of death is no
• Allen v. Amalgamated Transit Union Local 788
  554 F.2d 876· 8th Cir.· 1977-05-09 ·cited 72×
  The court held that the Union engaged in racial discrimination by denying seniority rights and charging initiation fees to former CSC employees, and that the statute of limitations did not bar claims for continuing discrimination. The court also affirmed the availability of punit
• Keefe v. Geanakos
  418 F.2d 359· 1st Cir.· 1969-11-12 ·cited 71×
  The court held that the plaintiff had a high probability of prevailing on the merits regarding the use of an offensive word in an academic context and the lack of adequate notice, warranting interlocutory relief.
• Terrell v. Smith
  668 F.3d 1244· 11th Cir.· 2012-01-30 ·cited 70×
  Officer Smith of the Palm Bay Police Department shot and killed Aaron Zylstra during a traffic stop that escalated when Zylstra refused police commands, jumped back into his vehicle, and attempted to flee, striking Smith with the car door. The Eleventh Circuit held that Smith's u
• Dominque v. Telb
  831 F.2d 673· 6th Cir.· 1987-10-23 ·cited 66×
  The court held that the district court erred in placing the burden on the defendant to prove entitlement to qualified immunity and in treating the legal question of whether the law was clearly established as a material issue of fact.
• Genus D. Ulmer v. Chancellor
  691 F.2d 209· 5th Cir.· 1982-11-08 ·cited 62×
  The court held that the dismissal of the plaintiff's civil rights suit was improper because the record did not show that the plaintiff's request for writs to secure witnesses was evaluated, and the district court should have further considered exceptional circumstances for appoin
• KEY v. Bud Rutherford
  645 F.2d 880· 10th Cir.· 1981-04-10 ·cited 53×
  The court held that intervening Supreme Court decisions require a new trial for the City of Stroud and officials in their official capacities due to changes in municipal immunity law, but affirmed the judgment for individual defendants in their personal capacities based on suffic
• Muscare v. Quinn
  614 F.2d 577· 7th Cir.· 1980-02-13 ·cited 50×
  The court held that attorney's fees should only be awarded for the claim upon which the plaintiff prevailed, not for unsuccessful claims, and remanded for recalculation.
• Stone v. Morris
  546 F.2d 730· 7th Cir.· 1976-12-10 ·cited 50×
  A district court has the discretion to compel an incarcerated party's presence at trial via writ of habeas corpus ad testificandum, and a prison memorandum may be admissible under the business records exception if a proper foundation is laid.
• Norlock v. City OF Garland
  768 F.2d 654· 5th Cir.· 1985-08-15 ·cited 43×
  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×
  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.
• Carter v. Quinn
  2023 WL 5745494· N.D. Fla.· 2025-06-09 ·cited 40×
  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).
• Hodge v. Police Officers: Colon
  802 F.2d 58· 2d Cir.· 1986-09-29 ·cited 40×
  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.
• Darryl H. v. Coler
  801 F.2d 893· 7th Cir.· 1986-09-09 ·cited 34×
  The court affirmed the district court's denial of a preliminary injunction, holding that while DCFS physical examinations of children implicate Fourth Amendment concerns, a warrant or probable cause is not constitutionally required in this context due to the state's compelling in
• Sevier v. Turner
  742 F.2d 262· 6th Cir.· 1984-08-08 ·cited 34×
  The court held that federal abstention is not appropriate in this case, as the appellant alleged extraordinary circumstances involving federal constitutional violations.
• 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.
• Pugh v. Parish OF ST. Tammany
  875 F.2d 436· 5th Cir.· 1989-05-31 ·cited 32×
  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.
• Manning v. Lockhart
  623 F.2d 536· 8th Cir.· 1980-06-26 ·cited 32×
  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.
• Robinson v. Bergstrom
  579 F.2d 401· 7th Cir.· 1978-06-13 ·cited 32×
  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.
• Buckley v. Fitzsimmons
  919 F.2d 1230· 7th Cir.· 1990-12-05 ·cited 30×
  The court should not grant absolute immunity to a prosecutor for statements made at a press conference that allegedly create prejudicial pretrial publicity.
• SAN Bernardino Physicians' Servs. Med. Grp., Inc. v. Cnty. OF SAN Bernardino
  825 F.2d 1404· 9th Cir.· 1987-08-26 ·cited 30×
  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'.
• Riley v. Jeffes
  777 F.2d 143· 3d Cir.· 1985-11-21 ·cited 30×
  The plaintiff prisoner's fear of assault due to unlocked cells does not rise to the level of an Eighth Amendment violation.
• Fitzharris v. Wolff
  702 F.2d 836· 9th Cir.· 1983-04-01 ·cited 30×
  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.
• Sylvander v. NEW England Home FOR Little Wanderers
  584 F.2d 1103· 1st Cir.· 1978-09-29 ·cited 30×
  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.
• Asher v. Harrington
  461 F.2d 890· 7th Cir.· 1972-04-13 ·cited 30×
  The court held that the complaint stated a proper federal claim under Section 1983 for arbitrary denial of constitutional rights.
• Holland v. Ciccone
  386 F.2d 825· 8th Cir.· 1967-12-28 ·cited 29×
  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.
• Williams v. Lane
  851 F.2d 867· 7th Cir.· 1988-06-27 ·cited 28×
  The court affirmed the district court's judgment, compelled by the defendants' litigation strategy and non-compliance.
• Clarence Eugene Jones aka Asmar Habeeb-Ullah Saleem v. Dr. Johnson
  781 F.2d 769· 9th Cir.· 1986-01-31 ·cited 28×
  The court held that the plaintiff's allegations sufficiently stated a claim for deliberate indifference to serious medical needs under the Fourteenth Amendment, and that claims against the county and supervisors could be based on official policy or custom.
• Hamilton v. Daley
  777 F.2d 1207· 7th Cir.· 1985-11-18 ·cited 28×
  The court held that while the plaintiff's suit was frivolous and defendants were entitled to fees, the district court failed to adequately determine if all hours billed were reasonably expended in light of the frivolous nature of the claims. The court remanded for further finding
• Gill v. Deputy Sheriff Charles Manuel
  488 F.2d 799· 9th Cir.· 1973-11-09 ·cited 28×
  The court held that the trial court erred in refusing to instruct the jury on punitive damages and in improperly allowing the assertion of a privilege for official information, necessitating a new trial.
• Swank v. Smart
  898 F.2d 1247· 7th Cir.· 1990-03-27 ·cited 27×
  The court held that the officer was deprived of procedural due process because he was not given an opportunity to respond to the police chief's written statement, which served as evidence against him. However, a genuine issue of material fact exists regarding whether he waived hi
• Mahone v. Addicks Util. Dist. OF Harris Cnty.
  836 F.2d 921· 5th Cir.· 1988-02-04 ·cited 27×
  The court held that the plaintiff's voting rights and procedural due process claims were properly dismissed, but the equal protection claim requires further consideration. The court also directed dismissal of only federal claims with prejudice.
• Domingo Roque Molina v. Paul T. Richardson & the City of Los Angeles
  578 F.2d 846· 9th Cir.· 1978-07-21 ·cited 26×
  The dissenting judge would reverse the district court's decision, find jurisdiction, and infer a cause of action against the city directly from the Fourteenth Amendment.
• Mandel v. Hutchinson
  494 F.2d 364· 9th Cir.· 1974-03-29 ·cited 26×
  The court held that federal courts lack jurisdiction to enjoin state tax collection when a plain, speedy, and efficient remedy exists in state courts, as mandated by 28 U.S.C. § 1341.
• Hurney v. Carver
  602 F.2d 993· 1st Cir.· 1979-07-05 ·cited 24×
  A prisoner's pro se complaint alleging denial of due process for denied witness requests at disciplinary hearings is insufficient to state a claim under 42 U.S.C. § 1983 unless it alleges the denial was for reasons unrelated to institutional security or correctional goals and con
• Shields v. Jackson
  570 F.2d 284· 8th Cir.· 1978-02-16 ·cited 24×
  The court held that the trial court should have appointed counsel for the indigent plaintiff, whose complaint stated a cause of action, to advance the proper administration of justice.
• Wilson v. Webster
  467 F.2d 1282· 9th Cir.· 1972-10-10 ·cited 24×
  The court held that while the refusal of injunctive relief was proper due to changed circumstances, the dismissal of the claim for cancellation of arrest records was premature and required a full hearing.
• Breeden v. Hunter P. Jackson
  457 F.2d 578· 4th Cir.· 1972-03-21 ·cited 24×
  The court held that the prisoner's claims of deprivations in maximum security did not rise to constitutional dimensions and were therefore not actionable.
• Cupit v. James "Sonny" Jones
  835 F.2d 82· 5th Cir.· 1987-12-24 ·cited 22×
  The court held that the district court properly granted summary judgment for prison officials, as the plaintiff failed to demonstrate deliberate indifference to his serious medical needs or punitive conditions of confinement.
• Harper v. Jeffries
  808 F.2d 281· 3d Cir.· 1986-12-31 ·cited 22×
  A federal court should not dismiss a § 1983 damages claim brought concurrently with a habeas corpus petition, even if state remedies for confinement have not been exhausted.
• Larsen v. Allyn R. Sielaff and Thomas R. Israel
  702 F.2d 116· 7th Cir.· 1983-03-15 ·cited 22×
  A prisoner's civil rights suit that results in a consent decree granting relief only available in habeas corpus is functionally a habeas corpus proceeding, and thus attorney's fees under 42 U.S.C. § 1988 are not available.
• Butler v. Goldblatt Bros., Inc.
  589 F.2d 323· 7th Cir.· 1978-12-29 ·cited 22×
  The court held that police officers lacked probable cause for warrantless arrests, making the good faith defense unavailable under § 1983, and that Goldblatt's mere provision of information to police did not constitute actionable participation in the arrests under either federal
• State of N.J. v. Chesimard
  555 F.2d 63· 3d Cir.· 1977-03-09 ·cited 22×
  The dissenting judge would find that federal intervention is permissible, either because the relief sought is collateral to the state criminal proceeding under Gerstein v. Pugh, or because exceptional circumstances warrant intervention under Younger v. Harris.
• Carpenter v. State OF S.D.
  536 F.2d 759· 8th Cir.· 1976-06-03 ·cited 22×
  The court should reverse and remand for an inquiry into the prison censorship board's judgment that the material is detrimental to rehabilitation and that total censorship is the least restrictive means.