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

• Chalfant v. The Wilmington Inst.
  574 F.2d 739· 3d Cir.· 1978-02-27 ·cited 30×
  The court held that the Wilmington Institute's termination of an employee constituted state action for purposes of the Fourteenth Amendment, reversing the district court's dismissal of the § 1983 claim.
• Regents OF the Univ. OF Minn. v. The Nat'l Collegiate Athletic Ass'n
  560 F.2d 352· 8th Cir.· 1977-08-02 ·cited 30×
  The court held that the district court erred in granting a preliminary injunction because the University had not shown a strong probability of success on the merits.
• Parks v. "MR. Ford"
  556 F.2d 132· 3d Cir.· 1977-04-04 ·cited 30×
  The court held that Pennsylvania's common law repairman's lien, allowing non-consensual possession without due process safeguards, violates the Fourteenth Amendment.
• Lewis v. Hyland
  554 F.2d 93· 3d Cir.· 1977-03-25 ·cited 30×·via 42 U.S.C. § 1983 Liability
  Federal injunctive relief against state police misconduct is barred by Rizzo v. Goode when plaintiffs fail to prove a causal link between official policy and constitutional violations, and damages cannot be awarded when not contemplated by the parties throughout the litigation.
• Cleveland Kimbrough v. Dave O'Neil [O'Neal]
  545 F.2d 1059· 7th Cir.· 1976-10-29 ·cited 30×
  A section 1983 action should be permitted when a prisoner's property is lost by state officials, regardless of whether the loss was intentional or negligent.
• Aikens v. Jenkins
  534 F.2d 751· 7th Cir.· 1976-04-14 ·cited 30×
  Statewide prison literature censorship regulations were held facially invalid as overbroad and not narrowly tailored to serve legitimate penological interests.
• Beraldine L. Acha and Arlene M. Egan v. Beame
  531 F.2d 648· 2d Cir.· 1976-02-19 ·cited 30×·via Violation Of 42 U.S.C. § 1983
  The court held that a seniority system, while generally valid, cannot be used to perpetuate past discrimination, and relief is available to those who prove they were improperly denied rightful placement in the seniority hierarchy due to discrimination.
• Morgan v. LaVALLEE
  526 F.2d 221· 2d Cir.· 1975-10-14 ·cited 30×
  The court held that state administrative remedies need not be exhausted for claims brought under 42 U.S.C. § 1983, particularly when such remedies are inadequate or unavailable.
• 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.
• United States ex rel. Rodney R. Haymes v. Montanye
  505 F.2d 977· 2d Cir.· 1974-10-04 ·cited 30×·via 42 U.S.C. § 1983 Action
  The court held that a prisoner transferred to another facility without a hearing may have been denied due process if the transfer was punitive, and the mere fact of dislocation can constitute sufficient hardship.
• Strickland v. Inlow
  485 F.2d 186· 8th Cir.· 1973-08-29 ·cited 30×·via Violation Of 42 U.S.C. § 1983
  The dissenting judges argue that the panel's reversal based on substantive due process was improper, as the case did not involve an invasion of specifically protected federal constitutional rights.
• Francisco Enters., Inc. v. Kirby
  482 F.2d 481· 9th Cir.· 1973-07-19 ·cited 30×
  The court held that res judicata principles precluded the federal district court from entertaining the appellant's complaint, as the California Department of Alcoholic Beverage Control is considered a state court of limited jurisdiction.
• Smith v. Spina
  477 F.2d 1140· 3d Cir.· 1973-04-24 ·cited 30×
  The court held that a state tort claim, even if arising from the same facts as a federal civil rights claim, is governed by state law and requires proper pleading for federal jurisdiction. The court also found no reversible error in the trial court's evidentiary rulings or jury i
• Brown v. Joseph
  463 F.2d 1046· 3d Cir.· 1972-06-22 ·cited 30×·via 42 U.S.C. § 1983 Liability
  A county Public Defender, created under Pennsylvania statute, enjoys immunity from liability under the Civil Rights Act, even if acting under color of law.
• Jones v. Perrigan
  459 F.2d 81· 6th Cir.· 1972-04-26 ·cited 30×·via Section 1983
  Federal law enforcement officers do not have immunity from damage suits for constitutional violations if they act without good faith and probable cause.
• 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.
• Andrade v. W. B. (Bill) Hauck
  452 F.2d 1071· 5th Cir.· 1971-12-20 ·cited 30×
  Prisoners have a constitutional right of access to the courts and cannot be disciplined for attempting to exercise this right.
• Jacobson v. Schaefer
  441 F.2d 127· 7th Cir.· 1971-04-13 ·cited 30×
  A judge is immune from a civil rights damage suit for actions taken within their jurisdiction, even if those actions constitute an abuse of power or are in excess of jurisdiction, as long as they are not in the clear absence of all jurisdiction.
• Battle v. Solon Mulholland
  439 F.2d 321· 5th Cir.· 1971-03-23 ·cited 30×
  The court held that the district court erred in granting summary judgment, as federal jurisdiction existed and there were disputed material facts regarding the plaintiff's discharge or resignation.
• Weisberg v. Powell
  417 F.2d 388· 7th Cir.· 1969-10-03 ·cited 30×·via Violation Of 42 U.S.C. § 1983
  The court held that the Secretary of State's intentional and purposeful discrimination in arranging ballot order, by favoring certain candidates through a Sunday mail pickup scheme, violated the Equal Protection Clause.
• 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.
• Am. Fed'n OF State, Cnty., & Mun. Emps., AFL-CIO v. Woodward
  406 F.2d 137· 8th Cir.· 1969-01-17 ·cited 30×
  Public employees discharged for joining a labor union have a right of action for damages and injunctive relief under 42 U.S.C. § 1983, as union membership is protected by the First Amendment right of association.
• Bennett v. People OF the State OF Cal.
  406 F.2d 36· 9th Cir.· 1969-01-09 ·cited 30×
• Jackson v. Nelson
  405 F.2d 872· 9th Cir.· 1968-12-13 ·cited 30×
• 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.
• Webster Hardwick, Jr. v. Hurley
  289 F.2d 529· 7th Cir.· 1961-05-02 ·cited 30×·via Violation Of 42 U.S.C. § 1983
  The court held that a complaint alleging police officers beat a suspect to punish him for refusing to incriminate himself states a claim under 42 U.S.C.A. § 1983, even if the underlying conduct could also be a state tort.
• Am. Booksellers v. Webb
  919 F.2d 1493· 11th Cir.· 1990-12-27 ·cited 29×·via Violation Of 42 U.S.C. § 1983
  The majority's interpretation of the statute to permit booksellers to avoid criminal penalties by using 'blinder racks' is not reasonable given the statutory language.
• Stewart v. Donges
  915 F.2d 572· 10th Cir.· 1990-09-17 ·cited 29×
  The filing of an interlocutory appeal from the denial of qualified immunity summary judgment divests the district court of jurisdiction unless the district court determines the appeal is frivolous or dilatory.
• Brown v. Frey
  889 F.2d 159· 8th Cir.· 1989-11-07 ·cited 29×
  Prison officials are entitled to qualified immunity on claims of violating an inmate's right to call witnesses and receive a hearing within three working days, as these rights were not clearly established in the particularized sense required.
• Jones v. Counselor Hamelman
  869 F.2d 1023· 7th Cir.· 1989-02-22 ·cited 29×
  The magistrate did not abuse his discretion in denying the motion to amend the complaint, excluding certain testimony, or denying the inmate's presence at trial, and the factual findings were not clearly erroneous.
• H. Harlan Stone, M.D. v. Univ. OF Md. Med. Sys. Corp.
  855 F.2d 167· 4th Cir.· 1988-08-19 ·cited 29×
  The court held that a public employee's resignation is voluntary, and thus not a deprivation of property triggering due process protections, if it is not induced by employer misrepresentation or coercion, and the employee's reliance on any alleged misrepresentation is not reasona
• Manax v. Lanelle L. McNAMARA
  842 F.2d 808· 5th Cir.· 1988-04-21 ·cited 29×·via 42 U.S.C. § 1983 Violations
  The court held that the plaintiff failed to state a claim under RICO or 42 U.S.C. § 1983 because the alleged association lacked continuity for a RICO enterprise and the defendants' actions did not constitute state action for the § 1983 claim.
• DeCINTIO v. Westchester Cnty. Med. Ctr.
  821 F.2d 111· 2d Cir.· 1987-06-08 ·cited 29×
  The court held that the plaintiff failed to establish a genuine issue of material fact regarding retaliatory discharge, as the employer demonstrated legitimate, non-discriminatory reasons for the termination supported by convincing evidence.
• Praprotnik v. City OF ST. Louis
  798 F.2d 1168· 8th Cir.· 1986-08-19 ·cited 29×·via 42 U.S.C. § 1983 Liability
  The dissenting judge argues that the evidence was insufficient to support findings of municipal liability and a First Amendment violation, and that a new trial on damages is warranted due to an improper jury instruction.
• Backlund v. Barnhart
  778 F.2d 1386· 9th Cir.· 1985-12-17 ·cited 29×
  State officials are immune from damage suits for actions taken regarding foster parents' religious exercise of discipline if the constitutional rights were not clearly established at the time of the conduct.
• Auster OIL & GAS, Inc. v. Matilda Gray Stream
  764 F.2d 381· 5th Cir.· 1985-07-01 ·cited 29×
  The court held that Auster's original complaint stated a claim under 42 U.S.C. § 1983 for violation of Fourth Amendment rights and that the district court should have allowed Auster to amend its complaint.
• Procup v. Strickland
  760 F.2d 1107· 11th Cir.· 1985-05-20 ·cited 29×
• Celeste R. Deary v. Three Un-Named Police Officers
  746 F.2d 185· 3d Cir.· 1984-10-12 ·cited 29×
  The court held that the plaintiff's section 1983 claims were barred for failure to comply with the Virgin Islands Tort Claims Act notice requirements.
• Dudley v. Stewart
  724 F.2d 1493· 11th Cir.· 1984-02-13 ·cited 29×·via 42 U.S.C. § 1983 Claim For Deprivation Of Due Process
  A prisoner's claim for damages due to due process violations is not mooted by release, but injunctive relief requires a live controversy. Due process protections for disciplinary confinement require a liberty interest created by state action, not solely by the Constitution.
• Parrott v. Wilson
  707 F.2d 1262· 11th Cir.· 1983-06-23 ·cited 29×·via 42 U.S.C. § 1983 Action
  The court affirmed the trial court's judgment, finding no abuse of discretion in denying a jury trial, admitting a deposition due to witness unavailability, vitiating work product privilege due to unprofessional conduct, or in dismissing the case based on evidence of justificatio
• J.B. Smith v. Hightower
  693 F.2d 359· 5th Cir.· 1982-11-22 ·cited 29×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred by failing to consider the strength of the evidence of the Sheriff's guilt when determining if the prosecution was in good faith, and that the finding of retaliation was clearly erroneous.
• Hirst v. Gertzen
  676 F.2d 1252· 9th Cir.· 1982-05-10 ·cited 29×·via 42 U.S.C. § 1983 Liability
  The majority opinion reversed the trial court's decision, allowing evidence of a deputy sheriff's prior acts to be admissible for proving gross negligence and proximate cause in a civil rights action, despite the dissenting judge's view that such evidence was irrelevant and preju
• Winkler v. Cnty. OF DeKALB
  648 F.2d 411· 5th Cir.· 1981-06-19 ·cited 29×·via 42 U.S.C. § 1983 Action
  The court held that the employee had a protectable property interest in his job, entitling him to due process before demotion.
• Murray v. City OF Chicago
  634 F.2d 365· 7th Cir.· 1980-11-25 ·cited 29×
  A plaintiff need not prove intentional or reckless action by an official if the official failed to follow a mandatory duty or court order.
• Quintin Orpiano v. Johnson
  632 F.2d 1096· 4th Cir.· 1980-09-17 ·cited 29×
  The court held that supervisory prison officials were not liable for deliberate indifference based on a single incident, but affirmed the judgment against the guards directly involved in the assault.
• Zykan v. Warsaw Cmty. Sch. Corp.
  631 F.2d 1300· 7th Cir.· 1980-08-22 ·cited 29×
  The court held that a dismissal under Rule 12(b) is improper if any set of facts could entitle the plaintiff to relief, and the district court erred by excluding alternative legal theories pleaded.
• Ensley Branch OF the N. A. A. C. P. v. Seibels
  616 F.2d 812· 5th Cir.· 1980-05-08 ·cited 29×·via Violation Of 42 U.S.C. § 1983
  The court held that the Personnel Board's use of police and firefighter selection tests violates Title VII because they were not proven to be job-related, but remanded the issue of when liability commenced.
• Rudolph v. Judson C. Locke, Jr.
  594 F.2d 1076· 5th Cir.· 1979-05-14 ·cited 29×
  The court held that the prison regulation prohibiting inmate-to-inmate communication in segregation units may violate prisoners' First Amendment rights and right of access to courts.
• Bethel v. Jendoco Constr. Corp.
  570 F.2d 1168· 3d Cir.· 1978-01-16 ·cited 29×
  The court held that the plaintiff's claims under 42 U.S.C. §§ 1981, 1985(3), 1986, and Title VII were improperly dismissed on a Rule 12(b)(6) motion. However, the § 1983 claim was properly dismissed as the alleged discrimination did not occur under color of state law.
• Stewart v. Bailey
  556 F.2d 281· 5th Cir.· 1977-07-22 ·cited 29×
  The court held that the district court erred in failing to adjudicate the First Amendment claim, which should be reversed and remanded for trial.