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

• Rosenthal v. Rizzo
  555 F.2d 390· 3d Cir.· 1977-05-25 ·cited 36×
  The court held that summary judgment was improperly granted on the First Amendment claim because there was a genuine issue of material fact regarding the employee's policymaking status.
• Rendell Noel Mabey, Jr. v. Reagan
  537 F.2d 1036· 9th Cir.· 1976-06-01 ·cited 36×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that overstaffing is not a basis for applying Article 7 layoff procedures and that mixed-motive terminations require inquiry into the decision-maker's motives.
• Pope v. Chew
  521 F.2d 400· 4th Cir.· 1975-08-04 ·cited 36×
  The court held that a hearing must be afforded before a conditional pardon can be revoked, even if revocation is based on a criminal conviction, because the revocation may involve the exercise of discretion.
• GAY Students Org. OF the Univ. OF NEW Hampshire v. Bonner
  509 F.2d 652· 1st Cir.· 1974-12-30 ·cited 36×
  The court held that restricting a student organization's social functions on campus impermissibly abridged its members' First Amendment rights of association, even if the organization was recognized and other activities were permitted.
• Harry H. and Thelma Gibbs v. Titelman
  502 F.2d 1107· 3d Cir.· 1974-08-01 ·cited 36×·via Violation Of 42 U.S.C. § 1983
  The court held that private self-help repossession of automobiles, even when permitted by state statute, does not constitute state action under the Fourteenth Amendment or 42 U.S.C. § 1983.
• Thistlethwaite v. The City OF NEW York
  497 F.2d 339· 2d Cir.· 1974-05-13 ·cited 36×·via 42 U.S.C. § 1983 Action
  The court held that a prior state court determination on the constitutionality of park regulations, arising from a criminal conviction for violating those regulations, has res judicata effect and bars a subsequent federal action under the Civil Rights Act seeking similar relief.
• O'Brien v. Moriarty
  489 F.2d 941· 5th Cir.· 1974-01-09 ·cited 36×
  The court held that the plaintiffs' confinement conditions, while restrictive, did not rise to the level of cruel and unusual punishment under the Eighth Amendment, and prison officials have broad discretion in managing security.
• Thoms v. Heffernan
  473 F.2d 478· 2d Cir.· 1973-01-08 ·cited 36×·via 42 U.S.C. § 1983 Action
  The dissenting judge believes the court lacks appellate jurisdiction because the three-judge district court failed to properly address injunctive relief, and thus the case should be remanded.
• Rodriguez v. McGINNIS
  456 F.2d 79· 2d Cir.· 1972-01-25 ·cited 36×
  The court affirmed the district court's orders releasing petitioners, holding that their claims for good behavior time credit were properly considered under the habeas corpus statute, which requires exhaustion of state remedies.
• Lefcourt v. The Legal AID Soc'y
  445 F.2d 1150· 2d Cir.· 1971-06-18 ·cited 36×·via 42 U.S.C. § 1983 Action
  The appellate court has jurisdiction solely to correct the lower court's error in entertaining a suit without jurisdiction, and cannot reach the merits.
• Keyes v. Sch. Dist. NO. 1
  445 F.2d 990· 10th Cir.· 1971-06-11 ·cited 36×·via Violation Of 42 U.S.C. § 1983
  The court held that the school board's actions in drawing attendance boundaries, constructing schools, and manipulating transfers constituted purposeful de jure segregation, violating the Fourteenth Amendment. The rescission of integration resolutions was also found to perpetuate
• Dellinger v. Mitchell
  442 F.2d 782· D.C. Cir.· 1971-02-16 ·cited 36×·via Violation Of 42 U.S.C. § 1983
  A district court's stay order is improper if it is immoderate in duration and scope, particularly when applied to parties not involved in the related criminal case or when it extends beyond the trial phase of the criminal proceedings.
• Patrica Drown v. Portsmouth Sch. Dist.
  435 F.2d 1182· 1st Cir.· 1970-12-18 ·cited 36×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  A non-tenured teacher not rehired is entitled to a detailed written explanation of the reasons for non-retention and access to evaluation reports, but not a full administrative hearing.
• Williams v. Dunbar
  377 F.2d 505· 9th Cir.· 1967-04-26 ·cited 36×·via Violation Of 42 U.S.C. § 1983
  The court held that the appellant's claims for violation of due process in parole revocation procedures did not raise a federal question, and state law claims were also properly dismissed.
• Adams v. City OF Park Ridge
  293 F.2d 585· 7th Cir.· 1961-08-21 ·cited 36×·via 42 U.S.C. § 1983 Action
  A municipal ordinance prohibiting solicitation of funds for charitable purposes without prior consent of the City Council, which lacks standards for granting or withholding permits and exempts a specific organization, is an unconstitutional prior restraint on free speech and viol
• Abusaid v. Hillsborough Cnty. Bd. OF Cnty. Comm'rs
  405 F.3d 1298· 11th Cir.· 2005-04-15 ·cited 35×·via 42 U.S.C. § 1983 Liability
  Elias Abusaid opened a nightclub in Hillsborough County, Florida, and was arrested multiple times and prosecuted for violating the county's Dance Hall Ordinance. After his criminal conviction, Abusaid sued the Hillsborough County Sheriff's Office and the County under 42 U.S.C. §
• Starrett v. Wadley
  876 F.2d 808· 10th Cir.· 1989-05-22 ·cited 35×·via Violation Of 42 U.S.C. § 1983
  The court held that sexual harassment can violate the Fourteenth Amendment's Equal Protection Clause and that a supervisor's termination of an employee can constitute official policy for which a county may be liable under Section 1983, but other acts of harassment may not.
• Bethune Plaza, Inc. v. Lumpkin
  863 F.2d 525· 7th Cir.· 1988-11-23 ·cited 35×
  The court held that a trade association's mere concern with the stare decisis effect of a district court opinion is insufficient to justify intervention as of right under Rule 24(a)(2).
• Carswell v. BAY Cnty.
  854 F.2d 454· 11th Cir.· 1988-09-07 ·cited 35×
  A private physician under contract with a county jail to provide medical services acts under color of state law for § 1983 purposes, and evidence of knowledge of need and intentional refusal to provide care constitutes deliberate indifference.
• Knowlton Merritt v. MacKey
  827 F.2d 1368· 9th Cir.· 1987-09-16 ·cited 35×
  The court held that the plaintiff's interest in continued private employment, based on a 'just cause' contract provision, was not a constitutionally protected property interest under the Due Process Clause. Even if it were, post-deprivation remedies would have been adequate.
• A1 Friedman v. Bd. OF Cnty. Comm'rs OF Bernalillo Cnty.
  781 F.2d 777· 10th Cir.· 1985-12-26 ·cited 35×·via 42 U.S.C. § 1983 Action
  The appellate court affirmed the district court's ruling, holding that the Bernalillo County seal, which includes a cross and the motto "CON ESTA VENCEMOS," does not violate the Establishment Clause or the Free Exercise Clause of the First Amendment, nor the Religion Clause of th
• Joan W. v. City OF Chicago
  771 F.2d 1020· 7th Cir.· 1985-08-26 ·cited 35×·via § 1983 Suit
  The court held that while the plaintiff's counsel's "Golden Rule" argument was improper, it was not reversible error given the trial court's actions. However, the jury's $112,000 damage award was found to be excessive.
• Garcia v. Salt Lake Cnty.
  768 F.2d 303· 10th Cir.· 1985-07-17 ·cited 35×·via 42 U.S.C. § 1983 Liability For Municipalities
  A municipality can be held liable under 42 U.S.C. § 1983 for constitutional deprivations resulting from its official policy or custom, even if individual officers' actions do not independently violate civil rights.
• Kolar v. Cnty. OF Sangamon OF the State OF Ill.
  756 F.2d 564· 7th Cir.· 1985-03-04 ·cited 35×·via 42 U.S.C. § 1983 Liability
  A judgment obtained under 42 U.S.C. § 1983 against a local government employee acting within the scope of employment constitutes a "tort judgment" under Illinois law, making the local entity liable for that judgment and associated attorney's fees and costs, even if punitive damag
• Williams v. City OF Dothan
  745 F.2d 1406· 11th Cir.· 1984-11-05 ·cited 35×
  The court held that the district court erred in granting summary judgment, as plaintiffs' claims were not barred by estoppel or the Tax Injunction Act, and a genuine issue of material fact existed regarding discriminatory intent.
• Dykes v. A.J. Hosemann, Jr.
  743 F.2d 1488· 11th Cir.· 1984-10-11 ·cited 35×·via Section 1983
• Cohen v. City OF Philadelphia & Green
  736 F.2d 81· 3d Cir.· 1984-06-06 ·cited 35×·via Violation Of 42 U.S.C. § 1983
  The court held that the availability of state judicial review for administrative errors satisfies due process, even if the administrative body made a substantive mistake. Therefore, the plaintiff's section 1983 claim was barred under Parratt v. Taylor.
• Patterson v. Mintzes
  717 F.2d 284· 6th Cir.· 1983-09-07 ·cited 35×·via 42 U.S.C. § 1983 Action
  The court held that a district court's consideration of untimely objections to a magistrate's report, even without a formal extension, does not waive the right to appeal, and that summary judgment was improperly granted on the plaintiff's First Amendment and Eighth Amendment clai
• Hayes Williams and Arthur Mitchell v. Treen
  671 F.2d 892· 5th Cir.· 1982-03-31 ·cited 35×
  The court held that the district court erred in dismissing damage claims without making factual findings on whether the defendants acted within their discretionary authority. It also held that a deliberate denial of vital medication violates clearly established law, forfeiting im
• Lareau v. Manson
  651 F.2d 96· 2d Cir.· 1981-06-01 ·cited 35×
  The court held that double-celling of convicted prisoners for more than 30 days does not constitute cruel and unusual punishment under the Eighth Amendment.
• Tovar v. Billmeyer
  609 F.2d 1291· 9th Cir.· 1979-11-06 ·cited 35×
  The district court erred in dismissing the federal action based on abstention doctrine, as appellants did not freely and without reservation submit their federal claims for resolution in state court.
• Jones v. Diamond
  594 F.2d 997· 5th Cir.· 1979-04-26 ·cited 35×
  The court held that while some injunctive relief was warranted, the plaintiffs were entitled to further relief, including potential damages for constitutional violations, and that the case should be remanded for further consideration of class certification and damages.
• Mitchell v. Beaubouef
  581 F.2d 412· 5th Cir.· 1978-09-18 ·cited 35×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that a prisoner's civil rights complaint cannot be summarily dismissed on the merits based on an unverified administrative report; such reports cannot substitute for the proof required by Rule 56 of the Federal Rules of Civil Procedure.
• French v. Heyne
  547 F.2d 994· 7th Cir.· 1976-12-22 ·cited 35×·via Violation Of 42 U.S.C. § 1983
  The court held that the dismissal of the inmates' claims regarding vocational training limitations and the prohibition on soliciting funds for educational programs was improper, as these claims stated a potential violation of the Equal Protection and First Amendments, respectivel
• Mrs. Carnell Russ v. Ratliff
  538 F.2d 799· 8th Cir.· 1976-07-27 ·cited 35×·via Violation Of 42 U.S.C. § 1983
  The court held that the police officer used excessive force in shooting the decedent, and the jury verdict exonerating him could not stand. The court also affirmed the dismissal of claims against other defendants.
• Ingraham v. Wright
  525 F.2d 909· 5th Cir.· 1976-01-08 ·cited 35×
  The dissenting judges maintain that the Eighth Amendment's prohibition against cruel and unusual punishment applies to corporal punishment administered to public school children under color of state law. They argue that the availability of state remedies does not preclude federal
• Duke v. The State OF Tex.
  477 F.2d 244· 5th Cir.· 1973-04-20 ·cited 35×·via Violation Of 42 U.S.C. § 1983
  Federal injunctive relief against state judicial proceedings is not prohibited where state procedures are inadequate to protect federal rights and prevent irreparable harm.
• Morales v. Schmidt
  489 F.2d 1335· 7th Cir.· 1973-01-17 ·cited 35×·via 42 U.S.C. § 1983 Action
  The court held that the record did not adequately justify the prison's ad hoc decision to prohibit all communication between an inmate and his wife's sister, as it lacked support from regulations and failed to demonstrate necessity over less drastic alternatives.
• Elliott v. Thomas
  937 F.2d 338· 7th Cir.· 1991-07-15 ·cited 34×
  A defendant's denial of wrongdoing is not a collateral issue and thus not immediately appealable under the collateral order doctrine; qualified immunity protects officials from trial when the law was not clearly established.
• Reynaldo Huguet v. Barnett
  900 F.2d 838· 5th Cir.· 1990-05-11 ·cited 34×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court properly dismissed the inmate's Section 1983 excessive force claim under the Eighth Amendment standard, as the plaintiff failed to prove the necessary elements.
• Triad Assocs., Inc. v. Chicago Hous. Auth.
  892 F.2d 583· 7th Cir.· 1990-02-15 ·cited 34×·via Violation Of 42 U.S.C. § 1983
  The court held that a claim under 42 U.S.C. § 1983 for a due process violation may be precluded by adequate state post-deprivation remedies, and that a conspiracy claim under 42 U.S.C. § 1985(3) can encompass animus against white individuals.
• Polenz v. Parrott
  883 F.2d 551· 7th Cir.· 1989-08-22 ·cited 34×·via 42 U.S.C. § 1983 Claim For Deprivation Of Due Process
  The court held that while the denial of a tavern license did not implicate a protected property interest, the denial of an occupancy permit did, and the case must be remanded to determine if state remedies were inadequate before addressing qualified immunity.
• Brawner v. City OF Richardson
  855 F.2d 187· 5th Cir.· 1988-08-18 ·cited 34×
  The court held that the denial of summary judgment based on qualified immunity was proper because the plaintiff's speech addressed a matter of public concern and the right was clearly established, and there was a genuine dispute of material fact regarding the motive for his termi
• Jones v. Bd. OF Police Comm'rs
  844 F.2d 500· 8th Cir.· 1988-04-01 ·cited 34×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the trial court did not abuse its discretion in denying a new trial, in its jury instructions, or in admitting evidence of the plaintiff's prior convictions for impeachment purposes.
• Williams v. Faulkner
  837 F.2d 304· 7th Cir.· 1988-01-12 ·cited 34×
  The court held that a district court's sua sponte dismissal of a pro se, in forma pauperis complaint under 28 U.S.C. § 1915(d) requires a less stringent standard than a dismissal under Rule 12(b)(6), and that the Eighth Amendment claim against certain defendants was not frivolous
• Wilson v. The City OF N. Little Rock
  801 F.2d 316· 8th Cir.· 1986-09-12 ·cited 34×
  The court held that the district court erred in dismissing the § 1983 claim against individual officers based on Parratt v. Taylor, as intentional abuse of power implicates substantive due process. However, the court affirmed the directed verdict for the City, finding no unconsti
• Darryl H. v. Coler
  801 F.2d 893· 7th Cir.· 1986-09-09 ·cited 34×·via 42 U.S.C. § 1983 Civil Rights Claim
  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
• Parrish v. Johnson
  800 F.2d 600· 6th Cir.· 1986-09-05 ·cited 34×·via Section 1983
  The court held that the district court erred in denying Giles' First and Eighth Amendment claims and in awarding only nominal damages to Parrish for his First Amendment violations. The court reversed the denial of Giles' claims and remanded for further proceedings on damages.
• Escamilla v. City OF Santa ANA
  796 F.2d 266· 9th Cir.· 1986-07-31 ·cited 34×·via 42 U.S.C. § 1983 Action
  The court held that police officers present at a bar shooting did not deprive a bystander of life without due process by failing to intervene, as no special relationship existed and the officers did not create the danger.
• Kraus v. Cnty. OF Pierce
  793 F.2d 1105· 9th Cir.· 1986-07-08 ·cited 34×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the deputies' actions constituted an arrest without probable cause, but the subsequent entry into the house was consensual and did not violate any rights.