42 U.S.C. § 1983 Claim

3,807 Florida cases classified under this topic, plus 3,040 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Heaton v. Judson C. Locke, Jr.
  583 F.2d 735· 5th Cir.· 1978-11-08
  The court held that it lacks jurisdiction to hear an appeal directly from a magistrate's order, as such an order is not a final judgment of the district court.
• Gibson v. Dixon
  579 F.2d 1071· 7th Cir.· 1978-07-25 ·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the bank's actions in repossessing and selling the plaintiff's automobile, even when utilizing state statutory procedures, did not constitute state action under 42 U.S.C. § 1983.
• O'Hern v. The Sch. Dist. OF Springfield R-12
  578 F.2d 220· 8th Cir.· 1978-07-06
  The court held that a school district and its members are subject to suit under 42 U.S.C. § 1983, vacating the dismissal of federal and state claims.
• LA Raza Unida v. State OF NEW Mexico
  577 F.2d 677· 10th Cir.· 1978-06-06
  The court held that the district court correctly dismissed the action because the plaintiffs' constitutional claims were insubstantial, foreclosed by prior Supreme Court precedent.
• Hernandez v. Phelps Dodge Ref. Corp.
  572 F.2d 1132· 5th Cir.· 1978-05-15 ·via Violation Of 42 U.S.C. § 1983
  The court held that the trial court's findings of fact and conclusions of law were fully supported by the evidence, and the defendant did not discriminate against the plaintiff based on his Spanish surname.
• Henderson v. Fla. Bd. OF Regents OF the Div. OF Univs. OF the Dep't OF Educ.
  569 F.2d 1309· 5th Cir.· 1978-03-23
  The court held that the plaintiff failed to produce evidence of racial discrimination in law school admissions, and summary judgment for the defendants was appropriate.
• Bunkley v. Garland Watkins
  567 F.2d 304· 5th Cir.· 1978-02-06
  The court held that 42 U.S.C.A. § 1983 protects property rights, not just personal liberties, and thus the district court had jurisdiction.
• Meadows v. A. M. (Slim) Gabrel
  563 F.2d 1231· 5th Cir.· 1977-12-01
  The court held that the district court erred in dismissing the Section 1983 claims solely on the grounds that they fell within the core of habeas corpus.
• McCRAY v. Sullivan
  559 F.2d 292· 5th Cir.· 1977-09-16 ·via 42 U.S.C. § 1983 Action
• Buck v. Ohio Court OF Appeals
  554 F.2d 766· 6th Cir.· 1977-04-29 ·via 42 U.S.C. § 1983 Action
  The court affirmed the dismissal of the federal action, finding no due process violation and that federal courts cannot exercise appellate jurisdiction over state court judgments.
• Krasnow v. The Va. Polytechnic Inst. & State of Va.
  551 F.2d 591· 4th Cir.· 1977-03-21 ·via Violation Of 42 U.S.C. § 1983
  The court held that the university rules prohibiting unlawful drug use or possession and criminal conduct by students do not violate the Due Process Clause of the Fourteenth Amendment.
• Davis v. Benny Fisher
  546 F.2d 66· 5th Cir.· 1977-01-26
  The court held that a prisoner's pro se claim of unpaid labor sufficiently states a constitutional claim, while denial of counsel requires habeas corpus and exhaustion of state remedies.
• Moody v. Kapica
  548 F.2d 133· 6th Cir.· 1976-12-01
  The court held that it lacked jurisdiction because the district court's order dismissing some defendants was not a final appealable judgment.
• Lilly Mae Onie Lee Whitelaw Hilliard v. Williams
  540 F.2d 220· 6th Cir.· 1976-08-02
  A prosecuting attorney is not liable in damages under 42 U.S.C. § 1983 for actions taken in the course of his duties, even if those actions deprived a party of a fair trial.
• Williams v. Elayn Hunt
  529 F.2d 740· 5th Cir.· 1976-03-31
  The court held that a prisoner's pro se civil rights complaint should not be dismissed without a hearing due to potential confusion with another inmate of the same name who had previously filed suit.
• Leavy Campbell v. Cousins
  524 F.2d 925· 5th Cir.· 1975-12-12
  The court held that the district court's findings were not clearly erroneous and that the prisoner's due process claims were foreclosed by case law limiting the retroactive application of Wolff v. McDonnell.
• Roberts v. Arledge
  519 F.2d 1129· 5th Cir.· 1975-09-26
  The court affirmed the denial of preliminary injunctive relief, finding no clear abuse of discretion by the district court.
• Winters v. Alan D. Miller, M.D.
  517 F.2d 1337· 2d Cir.· 1975-06-06
  The court held that the district court, having decided to reinstate the action under Rule 60(b), was bound by the law of the case to reinstate it as to all defendants, not just some.
• Lumumba Shakur v. McGRATH
  517 F.2d 983· 2d Cir.· 1975-06-04
  The court held that the service of an amended complaint adding a medical malpractice claim did not constitute substantial and timely compliance with the notice requirements of New York's General Municipal Law.
• Gearheart v. Fed. Reserve Bank OF Cleveland
  516 F.2d 353· 6th Cir.· 1975-05-08
  The court held that Regulation Q, limiting interest on certificates of deposit under $100,000, is constitutional and plaintiffs failed to state a valid cause of action under various federal statutes.
• Schott v. Fornoff
  515 F.2d 344· 4th Cir.· 1975-04-09 ·via 42 U.S.C. § 1983 Liability
  The court held that the police department's haircut regulation was so extreme that it lacked a rational relationship to an efficient police department and was therefore arbitrary and capricious.
• Goldberg v. Arrow Elecs., Inc.
  512 F.2d 1258· 2d Cir.· 1975-03-25 ·via 42 U.S.C. § 1983 Action
  The court held that New York Business Corporation Law § 623(e) is a rational scheme and does not violate due process, even when a merger is abandoned after a shareholder dissents.
• Hattie Keenon v. Conlisk
  507 F.2d 1259· 7th Cir.· 1974-12-30
  The court held that the district court erred in dismissing the complaint without considering evidence, as the plaintiff's allegations of discriminatory treatment based on sex were sufficient to require justification from the defendants.
• Gandy v. Panama City
  505 F.2d 630· 5th Cir.· 1974-12-23
  The court held that the handcuffing and transport of a juvenile for traffic offenses, under the given facts, did not constitute a constitutional violation actionable under § 1983, and affirmed summary judgment for the arresting officer.
• Miller v. Miller
  504 F.2d 1067· 9th Cir.· 1974-10-15 ·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the application of ORS 109.326(1) infringes upon the constitutional rights of natural fathers and declared the statute constitutionally null and void.
• Binner v. Callahan
  500 F.2d 36· 4th Cir.· 1974-07-19 ·via Violation Of 42 U.S.C. § 1983
  The court affirmed the lower court's judgment, agreeing with its findings of fact and conclusions of law.
• Mason v. Askew
  484 F.2d 642· 5th Cir.· 1973-08-10
  The court held that a state prisoner challenging the fact of his confinement must first exhaust state remedies via habeas corpus before seeking federal relief under § 1983.
• Shumate v. The Bd. OF Educ. OF the Cnty. OF Jackson
  478 F.2d 233· 4th Cir.· 1973-05-04
  A public school teacher denied employment solely for exercising constitutional free speech rights is entitled to relief under 42 U.S.C. § 1983, even if the contract was not formally renewed.
• Garren v. City of Winston-Salem
  463 F.2d 54· 4th Cir.· 1972-07-18
  The court held that plaintiffs were not denied equal protection by the city's extraterritorial rezoning, as they lacked standing to assert voting rights claims and the city acted within its statutory authority.
• Taliferro v. N.J. Parole Bd.
  460 F.2d 289· 3d Cir.· 1972-05-17
  The court held that the inmate's due process claim regarding parole denial without reasons was moot, and his equal protection claim lacked merit.
• Lansdown v. Worthey
  458 F.2d 485· 8th Cir.· 1972-04-24
  The court held that a private physician acting without state involvement or contract is not liable under 42 U.S.C.A. § 1983 for failing to provide medical care to inmates.
• Fuston R. Thomas v. Elza H. Papp
  457 F.2d 792· 6th Cir.· 1972-02-28
  A complaint based on the loss of money does not establish jurisdiction under the Civil Rights Act.
• Kelsey D. Bartlett v. Connors
  455 F.2d 459· 6th Cir.· 1972-02-04
  The federal court correctly dismissed the complaint because the plaintiff was attempting to relitigate issues already decided in state courts and should have pursued state appellate remedies.
• Moore v. Buck
  443 F.2d 25· 3d Cir.· 1971-05-12
  A public prosecutor is immune from liability under the Civil Rights Act unless their conduct is clearly outside their jurisdiction.
• Pruitt v. Campbell
  429 F.2d 642· 4th Cir.· 1970-07-16 ·via 42 U.S.C. § 1983 Action
  Federal courts are prohibited by 28 U.S.C. § 2283 from enjoining state court proceedings, and habeas corpus is the proper remedy for post-conviction relief, not declaratory judgment.
• Mon C. Allen v. Miss. Comm'n OF LAW Enf't
  424 F.2d 285· 5th Cir.· 1970-04-07 ·via Violation Of 42 U.S.C. § 1983
  The court held that the district judge did not abuse his discretion in denying the preliminary injunction because granting it would cause extreme injury to appellees and negligible injury to appellants, whose rights could be protected by a final decision.
• Kelley v. Shapiro
  417 F.2d 1338· 2d Cir.· 1969-10-06
  The court affirmed the district court's judgment, holding that the Commissioner was entitled to summary judgment.
• Scott v. L. W. (Woody) Davis
  404 F.2d 1373· 5th Cir.· 1968-12-06
  The court held that the case presents substantial questions of fact and law requiring further development through oral examination, not just affidavits.
• Barr v. Ruthie Mae Chatman
  397 F.2d 515· 7th Cir.· 1968-07-05
  The court held that an alleged vote miscount in a single precinct, which did not affect the election outcome and for which damages were sought to be paid to the state, did not constitute an injury cognizable under 42 U.S.C. § 1983.
• Althimus Sigue v. Tex. Gas Transmission Corp.
  354 F.2d 40· 5th Cir.· 1965-12-13
  The court held that the plaintiff could not recover under 42 U.S.C.A. § 1983 because the pipeline company acted under federal law, not color of state law, and the suit was an impermissible review of state court decisions.
• Schroeder v. State OF Ill.
  354 F.2d 561· 7th Cir.· 1965-11-02 ·via Violation Of 42 U.S.C. § 1983
  The court held that the district court correctly dismissed the case for want of jurisdiction, as the plaintiffs' claims did not present a federal question or a basis for federal court review of state court proceedings.
• Reed v. Pearson
  306 F.2d 690· 5th Cir.· 1962-08-06 ·via Violation Of 42 U.S.C. § 1983
• McDONALD v. KEY
  224 F.2d 608· 10th Cir.· 1955-07-21
  The court held that the Oklahoma statute requiring the designation of a candidate's race as 'Negro' on election ballots, when applied to candidates of African descent, constitutes a denial of equal protection under the Fourteenth Amendment.