42 U.S.C. § 1983 Claim

3,807 Florida cases classified under this topic, plus 3,026 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Bichel Optical Labs., Inc. v. The Marquette Nat'l Bank OF Minneapolis
  487 F.2d 906· 8th Cir.· 1973-11-07 ·cited 44×
  The court held that a bank's seizure of a borrower's funds and collateral under a loan agreement, even if authorized by state statute, does not constitute state action for purposes of a 42 U.S.C. § 1983 claim.
• DOE v. Bellin Mem'l Hosp.
  479 F.2d 756· 7th Cir.· 1973-06-01 ·cited 44×·via Violation Of 42 U.S.C. § 1983
  A private hospital's refusal to perform abortions, even if it receives federal or state funding and is state-regulated, does not violate 42 U.S.C. § 1983 unless the state directly influences or participates in the decision.
• Washington v. DeBeaugrine
  658 F. Supp. 2d 1332· N.D. Fla.· 2009-10-01 ·cited 43×
  A state official's erroneous denial of a Medicaid beneficiary's federal right to a hearing before benefit termination or reduction can be challenged in federal court, not solely in state court.
• WU v. Thomas
  847 F.2d 1480· 11th Cir.· 1988-06-07 ·cited 43×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the plaintiff failed to establish a prima facie case of sex discrimination under Title VII and Section 1983, and that pay disparities were justified by factors other than sex under the Equal Pay Act.
• Parviz Karim-Panahi v. LOS Angeles Police Dep't
  839 F.2d 621· 9th Cir.· 1988-02-16 ·cited 43×
  The court held that a pro se plaintiff must be informed of the specific deficiencies in their complaint before dismissal, and granted leave to amend for most claims, reversing the district court's dismissal with prejudice.
• Weber v. Dell
  804 F.2d 796· 2d Cir.· 1986-11-06 ·cited 43×·via 42 U.S.C. § 1983 Liability
  A jail policy authorizing strip/body cavity searches of all arrestees without reasonable suspicion violates the Fourth Amendment, and the county and sheriff can be held liable under 42 U.S.C. § 1983 for such a policy.
• Kompare v. Robert Stein, M.D.
  801 F.2d 883· 7th Cir.· 1986-09-04 ·cited 43×
  The court held that medical examiners are entitled to qualified immunity for their actions in performing autopsies and determining causes of death, as their conduct did not violate clearly established constitutional rights. A violation of a county ordinance does not automatically
• Sun Cha Byrd v. Clark
  783 F.2d 1002· 11th Cir.· 1986-03-03 ·cited 43×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in dismissing the excessive force claim against Officer Black and in granting summary judgment for Officer Whitley on the failure to intervene claim, but affirmed summary judgment for other defendants on other claims.
• Piatt v. Ellis MacDOUGALL
  773 F.2d 1032· 9th Cir.· 1985-10-08 ·cited 43×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  A state court judgment does not bar a federal claim under 42 U.S.C. § 1983 if the state court did not address the claim on its merits, and a prisoner's claim for unpaid wages is not barred by res judicata if the state failed to provide a pre-deprivation hearing for a deliberate p
• 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.
• Concordia v. Bendekovic
  693 F.2d 1073· 11th Cir.· 1982-12-16 ·cited 43×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in dismissing the action based on res judicata without sufficient record evidence, vacating the judgment and remanding for further proceedings.
• Van Howell v. Tanner
  650 F.2d 610· 5th Cir.· 1981-07-13 ·cited 43×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that summary judgment was properly granted for most defendants based on probable cause and lack of personal involvement, but reversed dismissal of the claim against Louis Raulerson for alleged assault. Venue transfer was affirmed.
• Harriett Duet Kirk v. Alwynn J. Cronvich
  629 F.2d 404· 5th Cir.· 1980-10-27 ·cited 43×
  The court held that the amended complaint adding the sheriff related back to the original filing under Fed.R.Civ.P. 15(c), thus avoiding the statute of limitations defense.
• Holley v. Abe Lavine
  605 F.2d 638· 2d Cir.· 1979-07-13 ·cited 43×·via Violation Of 42 U.S.C. § 1983
  The Eleventh Amendment does not bar an award of retroactive welfare benefits against a County Social Services Commissioner, as a county is not an 'arm of the State' for these purposes. The court also affirmed the award of attorney fees.
• Drummond v. Fulton Cnty. Dep't OF Fam. & Child's. Servs.
  563 F.2d 1200· 5th Cir.· 1977-11-28 ·cited 43×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
• Walton v. Eaton Corp.
  563 F.2d 66· 3d Cir.· 1977-07-18 ·cited 43×·via 42 U.S.C. § 1983 Violations
  The court held that a plaintiff who waives the right to a jury trial in an initial complaint cannot revive that right by filing a second, substantially identical complaint, even if it demands a jury trial and alleges new damages.
• Jennings v. Caddo Parish Sch. Bd.
  531 F.2d 1331· 5th Cir.· 1976-05-24 ·cited 43×
  The federal court properly dismissed the suit because the claims were barred by res judicata and collateral estoppel.
• In re Estelle
  516 F.2d 480· 5th Cir.· 1975-07-24 ·cited 43×
  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.
• Afro Am. Patrolmens League v. Duck
  503 F.2d 294· 6th Cir.· 1974-09-26 ·cited 43×·via Violation Of 42 U.S.C. § 1983
  The court held that the Toledo Police Department's promotion system, including service requirements and seniority bonuses, perpetuated past discrimination and violated civil rights statutes and the Equal Protection Clause. However, the district court's specific order reducing all
• Jewelle Gresham v. Chambers
  501 F.2d 687· 2d Cir.· 1974-08-13 ·cited 43×·via Violation Of 42 U.S.C. § 1983
  The court held that absent proof of discrimination, informal word-of-mouth recruiting is permissible for staff appointments, and Title VII does not preempt claims under 42 U.S.C. § 1981.
• Easter House v. Felder
  910 F.2d 1387· 7th Cir.· 1990-08-14 ·cited 42×
  The court held that the plaintiff's procedural due process rights were not violated because the state provided adequate post-deprivation remedies for the alleged errors in implementing its civil commitment scheme, and the specific errors were not foreseeable.
• 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.
• Eldridge Lovelace v. Dall
  820 F.2d 223· 7th Cir.· 1987-05-18 ·cited 42×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff validly consented to a magistrate trial, the denial of appointed counsel was not an abuse of discretion, and the plaintiff waived his right to a jury trial by failing to object to a bench trial.
• Corn v. City OF Lauderdale Lakes
  816 F.2d 1514· 11th Cir.· 1987-05-14 ·cited 42×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the plaintiff's Section 1983 action for damages was ripe because Florida law does not provide an adequate state remedy for injuries caused by confiscatory zoning ordinances.
• Hall v. Junior Sharpe
  812 F.2d 644· 11th Cir.· 1987-03-16 ·cited 42×
  A magistrate judge lacks jurisdiction to conduct a jury trial unless all parties expressly consent under 28 U.S.C. § 636(c); referrals under § 636(b)(1) or (b)(3) are insufficient authorization.
• DeSHANEY v. Winnebago Cnty. Dep't OF Soc. Servs.
  812 F.2d 298· 7th Cir.· 1987-02-12 ·cited 42×·via 42 U.S.C. § 1983 Liability
  The state's failure to protect a child from private violence, even if negligent or reckless, does not violate the Fourteenth Amendment's due process clause unless the state created the danger or assumed a custodial relationship that increased the risk of harm.
• Smith v. The City OF Fontana
  818 F.2d 1411· 9th Cir.· 1987-01-06 ·cited 42×
  The court held that the district court erred in dismissing the plaintiffs' section 1983 claims. The Parratt doctrine, which limits section 1983 actions based on random and unauthorized deprivations when adequate post-deprivation remedies exist, applies only to procedural due proc
• Sullivan v. Town OF Salem
  805 F.2d 81· 2d Cir.· 1986-11-10 ·cited 42×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  A landowner has a constitutionally protected property interest in receiving certificates of occupancy if they meet all requirements, and denial solely for unaccepted roads violates due process. However, there is no constitutional right to compel a municipality to accept dedicated
• Curry v. Baker
  802 F.2d 1302· 11th Cir.· 1986-10-01 ·cited 42×
  The court held that the district court erred in ordering a new primary election, finding that the party subcommittee's determination of the election contest based on statistical evidence and expert opinion was permissible and that prior rulings precluded relitigation of certain i
• Wali v. Coughlin
  754 F.2d 1015· 2d Cir.· 1985-02-05 ·cited 42×·via Violation Of 42 U.S.C. § 1983
  The court held that the Commissioner's refusal to allow inmates to receive a critical report on prison conditions, without applying established censorship guidelines or demonstrating a clear and present danger, violated their rights.
• Irby v. Sullivan
  737 F.2d 1418· 5th Cir.· 1984-08-06 ·cited 42×·via Violation Of 42 U.S.C. § 1983
  The court held that Title VII provides the exclusive remedy for retaliation claims, precluding a section 1983 claim for such violations, but section 1981 can be a basis for a retaliation claim. The court also found that public employees without a property interest in employment a
• Goldie's Bookstore, Inc. v. The Superior Court OF the State OF Cal.
  739 F.2d 466· 9th Cir.· 1984-08-03 ·cited 42×·via Section 1983
  The court should have abstained from hearing the case due to important state interests implicated in the unlawful detainer proceedings.
• Whisenant v. Yuam
  739 F.2d 160· 4th Cir.· 1984-07-17 ·cited 42×
  The court held that the district court abused its discretion by refusing to appoint counsel for an indigent plaintiff with a colorable claim and lacking capacity to represent himself, and that the jury instructions regarding punitive purpose and good faith defense were erroneous.
• Russell v. Harrison
  736 F.2d 283· 5th Cir.· 1984-07-16 ·cited 42×
  The court held that summary judgment for the defendants on the substantive due process claim was proper, but summary judgment on the procedural due process claim was in error due to unresolved factual disputes regarding the availability of a hearing.
• Powers v. COE
  728 F.2d 97· 2d Cir.· 1984-02-10 ·cited 42×
  A guilty plea does not moot a § 1983 claim for constitutional violations occurring prior to the plea, and prosecutorial immunity does not bar claims arising from press leaks or illegal wiretaps.
• Clulow v. State OF Okla.
  700 F.2d 1291· 10th Cir.· 1983-02-22 ·cited 42×·via 42 U.S.C. § 1983 Action
  The court held that the district court correctly dismissed the plaintiff's claims, affirming the dismissal of Counts One through Four as time-barred and Count Five for lack of jurisdiction and immunity, and Count Six for failure to state a claim.
• In re The Justices OF the Supreme Court OF Puerto RICO
  695 F.2d 17· 1st Cir.· 1982-12-08 ·cited 42×
  The court held that the Justices of the Supreme Court of Puerto Rico are entitled to a writ of mandamus to dismiss claims against them regarding membership and dues statutes, as they act as neutral adjudicators and no case or controversy exists. However, the Puerto Rico Bar Assoc
• Bronze Shields, Inc. v. The NEW Jersey Dep't OF Civil Serv.
  667 F.2d 1074· 3d Cir.· 1981-12-01 ·cited 42×·via Discrimination Under 42 U.S.C. § 1983
  The court held that Title VII charges filed after the 180-day period following the promulgation of a discriminatory eligibility roster, but before the roster's use for hiring, were untimely. The court also held that claims under 42 U.S.C. § 1981 require proof of intentional discr
• White v. Thomas
  660 F.2d 680· 5th Cir.· 1981-11-06 ·cited 42×
  Summary judgment for damages under section 1983 is affirmed, but the case is remanded for a name-clearing hearing regarding the allegation that the deputy lied on his employment application.
• Garrick v. City & Cnty. OF Denver
  652 F.2d 969· 10th Cir.· 1981-06-29 ·cited 42×
  The court held that the jury's punitive damage award was not excessive and did not shock the judicial conscience, affirming the trial court's denial of a new trial or remittitur.
• Parker v. Cook
  642 F.2d 865· 5th Cir.· 1981-04-17 ·cited 42×·via 42 U.S.C. § 1983 Action
  The court held that while the conditions of administrative segregation at Glades Correctional Institution violated due process, a statewide injunction was inappropriate due to lack of factual development regarding other institutions and the plaintiff's specific challenge.
• Wright v. State OF Tenn.
  628 F.2d 949· 6th Cir.· 1980-08-11 ·cited 42×·via Violation Of 42 U.S.C. § 1983
  The Sixth Circuit en banc held that the 180-day notice requirement under the ADEA is not a jurisdictional prerequisite, allowing for equitable tolling, and overruled prior precedent to the contrary.
• Oldham v. Eldin J. Ehrlich
  617 F.2d 163· 8th Cir.· 1980-03-12 ·cited 42×
  The court held that a substantial constitutional claim provided federal jurisdiction for pendent statutory claims, and that attorneys' fees under 42 U.S.C. § 1988 should not be reduced because the attorneys worked for a legal aid organization.
• Fisher v. Flynn
  598 F.2d 663· 1st Cir.· 1979-05-08 ·cited 42×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to allege sufficient facts to state a claim for sex discrimination, specifically lacking a nexus between alleged romantic advances and her termination.
• Seymour F. Cotton, Jr. v. Hutto
  577 F.2d 453· 8th Cir.· 1978-06-15 ·cited 42×
  The court held that a prisoner's claims for damages against prison officials are barred if predicated solely on a respondeat superior theory, which does not apply in § 1983 suits.
• Grow v. Fisher
  523 F.2d 875· 7th Cir.· 1975-10-09 ·cited 42×
  A prosecutor is immune from suit under 42 U.S.C. § 1983 for actions taken within the scope of his prosecutorial discretion, and private citizens acting in concert with an immune prosecutor are not acting under color of state law unless they have control over the prosecution.
• Gerard and Gemma Brault v. Town OF Milton
  527 F.2d 730· 2d Cir.· 1975-02-24 ·cited 42×
• Wellner v. Minn. State Junior Coll. Bd.
  487 F.2d 153· 8th Cir.· 1973-10-23 ·cited 42×·via 42 U.S.C. § 1983 Action