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

• Manhart v. City OF LOS Angeles
  553 F.2d 581· 9th Cir.· 1976-11-23 ·cited 29×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the pension plan's higher contribution requirement for women, based on presumed longevity, constitutes unlawful sex discrimination under the Equal Pay Act, distinguishing it from prior Supreme Court rulings on disability benefits.
• Hennings v. Grafton
  523 F.2d 861· 7th Cir.· 1975-10-02 ·cited 29×
  The court held that election irregularities caused by mechanical or human error, without fraudulent or discriminatory intent, do not rise to the level of a constitutional deprivation cognizable under 42 U.S.C. § 1983.
• Gertrude Beal v. Lindsay
  468 F.2d 287· 2d Cir.· 1972-10-05 ·cited 29×
  A municipality satisfies its constitutional obligations by demonstrating equal effort in providing services, even if unequal results occur due to factors beyond its control like vandalism.
• Sellers v. The Regents OF the Univ. OF Cal.
  432 F.2d 493· 9th Cir.· 1970-09-17 ·cited 29×·via 42 U.S.C. § 1983 Action
  The court held that the district court properly dismissed the complaint, refusing to convene a three-judge court, as there was no genuine threat of irreparable harm or chilling effect on First Amendment rights to warrant injunctive relief.
• Holland v. Ciccone
  386 F.2d 825· 8th Cir.· 1967-12-28 ·cited 29×·via 42 U.S.C. § 1983 Civil Rights Claim
  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.
• Varner v. Stan Shepard
  11 F.4th 1252· 11th Cir.· 2021-08-31 ·cited 28×
  The Eleventh Circuit affirmed the district court's dismissal, holding that the plaintiff failed to properly exhaust available administrative remedies under the PLRA.
• In & for Kent Cnty. Earl Strong
  2009 WL 2365675· Del. Super. Ct.· 2013-06-27 ·cited 28×
  The court granted summary judgment for the defendants, finding they were immune from tort liability under the Delaware County and Municipal Tort Claims Act and alternatively under 42 U.S.C. § 1983. The court determined that the plaintiff failed to establish a viable claim against
• Dolan Darling v. State
  45 So. 3d 444· Fla.· 2010-07-01 ·cited 28×
  Dolan Darling, a death-row inmate, challenged Florida's lethal injection protocol, the constitutionality of statutes prohibiting disclosure of executioners' identities, and whether Capital Collateral Regional Counsel (CCRC) attorneys could represent him in federal section 1983 cl
• Primera Iglesia Bautista Hispana OF Boca Raton, Inc. v. Broward Cnty.
  450 F.3d 1295· 11th Cir.· 2006-06-01 ·cited 28×·via 42 U.S.C. § 1983 Liability
  Primera Iglesia Bautista Hispana, a religious corporation, challenged Broward County's denial of a zoning variance to operate a church on property subject to a 1,000-foot separation requirement for nonagricultural, nonresidential uses in an agricultural zoning district. The Eleve
• Raleigh Wilson, Sr. v. Cnty. OF Orange
  881 So. 2d 625· Fla. 5th DCA· 2004-08-06 ·cited 28×
  The Wilsons appealed the dismissal of their complaint alleging that Orange County violated their constitutional rights through code enforcement procedures. The court reversed the dismissal of all five counts, holding that the Wilsons sufficiently pleaded a § 1983 claim and proper
• NEW England Legal Found. v. Mass. Port Auth.
  883 F.2d 157· 1st Cir.· 1989-08-17 ·cited 28×
  The court held that the landing fee structure was unreasonable and discriminatory, violating federal law, and that the exemption program was preempted by federal law.
• Margo P. Cohen v. Bd. OF Trs. OF THE Univ. OF Med. & Dentistry OF NEW Jersey
  867 F.2d 1455· 3d Cir.· 1989-02-10 ·cited 28×
  The court held that the district court's order granting partial summary judgment and enjoining the university was an appealable interlocutory order under 28 U.S.C. § 1292(a)(1).
• Fludd v. J.B. Dykes
  863 F.2d 822· 11th Cir.· 1989-01-17 ·cited 28×
  The Batson v. Kentucky rule, which prohibits racially motivated peremptory challenges, applies in civil cases as well as criminal cases. The trial court's refusal to consider Batson in a civil suit constitutes reversible error.
• Domegan v. Fair
  859 F.2d 1059· 1st Cir.· 1988-10-20 ·cited 28×
  The court held that the denial of the defendants' motion for partial summary judgment on qualified immunity grounds was not an abuse of discretion, as the plaintiff's allegations, if true, demonstrated a violation of clearly established law.
• Williams v. Lane
  851 F.2d 867· 7th Cir.· 1988-06-27 ·cited 28×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court affirmed the district court's judgment, compelled by the defendants' litigation strategy and non-compliance.
• Alva Gutierrez v. Mun. Court OF the Se. Jud. Dist.
  838 F.2d 1031· 9th Cir.· 1988-01-27 ·cited 28×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction against an English-only rule, finding a likelihood of success on the merits under Title VII and the possibility of irreparable injury. It also held that the judges were not ent
• Mullis v. United States Bankr. Court FOR the Dist. OF Nev.
  828 F.2d 1385· 9th Cir.· 1987-09-24 ·cited 28×·via 42 U.S.C. § 1983 Action
  The court should not distinguish between state and federal judges regarding judicial immunity from prospective injunctive relief.
• Shockley v. Jones
  823 F.2d 1068· 7th Cir.· 1987-06-26 ·cited 28×
  The court held that while the district court erred in dismissing the case for lack of subject matter jurisdiction, it correctly dismissed the complaint for failure to state a claim under the Eighth Amendment, and therefore affirmed the judgment.
• Motes v. Myers
  810 F.2d 1055· 11th Cir.· 1987-02-20 ·cited 28×·via 42 U.S.C. § 1983 Claim For Deprivation Of Liberty Without Due Process
  The court held that the plaintiff alleged sufficient facts to state a cause of action under 42 U.S.C. § 1983 for deprivation of liberty without due process, reversing summary judgment for the arresting officers. The court affirmed summary judgment for the City of Conyers.
• Palmerin v. City OF Riverside
  794 F.2d 1409· 9th Cir.· 1986-07-21 ·cited 28×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that guilty pleas were admissible as admissions of resistance and that the failure to object contemporaneously at trial after an unsuccessful motion in limine did not waive the appeal issue. The court also dismissed the appeal regarding the marijuana due to an inco
• Holloway v. Judge Dee Brown Walker
  790 F.2d 1170· 5th Cir.· 1986-05-30 ·cited 28×
  The court held that the Parratt/Hudson doctrine applies when state procedures provide due process, and a random or unauthorized act by a state employee violates those procedures, even if the employee has the power to grant a hearing.
• Clarence Eugene Jones aka Asmar Habeeb-Ullah Saleem v. Dr. Johnson
  781 F.2d 769· 9th Cir.· 1986-01-31 ·cited 28×·via 42 U.S.C. § 1983 Civil Rights Claim
  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×·via Section 1983
  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
• Graham v. Baughman
  772 F.2d 441· 8th Cir.· 1985-09-06 ·cited 28×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that denying an inmate's request to call witnesses in a disciplinary hearing, without attempting to interview them even after the immediate crisis passed, violated procedural due process, but the inmate failed to prove actual damages from this violation.
• Hamner v. Rios
  769 F.2d 1404· 9th Cir.· 1985-08-28 ·cited 28×
  The existence of a contingent fee agreement does not, by itself, justify denying attorney's fees under 42 U.S.C. § 1988; the district court abused its discretion by doing so.
• Rose v. State OF Neb.
  748 F.2d 1258· 8th Cir.· 1984-11-26 ·cited 28×
  The court held that attorney's fees are not recoverable for state administrative proceedings under EAHCA when the fee claim is based on § 1983, and modified the award to exclude the State and its Board as entities due to Eleventh Amendment immunity.
• Martelon v. Herbert R. Temple, Jr.
  747 F.2d 1348· 10th Cir.· 1984-11-08 ·cited 28×·via Violation Of 42 U.S.C. § 1983
  The court held that military personnel cannot sue superior officers for alleged constitutional violations under § 1983, and that termination regulations for National Guard technicians are consistent with statutory intent.
• Williams v. Butler
  746 F.2d 431· 8th Cir.· 1984-10-15 ·cited 28×
  The court held that a city cannot be held liable under § 1983 solely based on an individual official's act if that act does not represent an official city policy or custom.
• Glover v. Ala. Dep't OF Corr.
  734 F.2d 691· 11th Cir.· 1984-06-18 ·cited 28×·via 42 U.S.C. § 1983 Action
  The court held that a governmental entity must be joined as a defendant in a § 1983 action to be held liable for attorney's fees, even if otherwise immune.
• Robb v. City OF Philadelphia & Mann
  733 F.2d 286· 3d Cir.· 1984-05-07 ·cited 28×
  The court held that plaintiff's complaint sufficiently stated a First Amendment claim under § 1983 for retaliation based on speech and association, but failed to state a Fourteenth Amendment due process claim for deprivation of property or liberty.
• Allegheny Cnty. Sanitary Auth. v. United States Env't Prot. Agency (EPA)
  732 F.2d 1167· 3d Cir.· 1984-04-20 ·cited 28×
  A state agency and its officials cannot be sued in federal court for alleged violations of state law, and the Water Pollution Control Act does not create a federal right of action against them. The Act also preempts claims against the EPA under the Administrative Procedure Act.
• Wilson v. City OF Littleton
  732 F.2d 765· 10th Cir.· 1984-04-16 ·cited 28×
  The court held that while the district court used the wrong legal standard, it reached the correct result because the officer's expression of grief was not a matter of public concern.
• Tingler v. Marshall
  716 F.2d 1109· 6th Cir.· 1983-09-15 ·cited 28×·via 42 U.S.C. § 1983 Action
• Burris v. Willis Indep. Sch. Dist., Inc.
  713 F.2d 1087· 5th Cir.· 1983-09-06 ·cited 28×
  The court held that Burris did not have a property interest in his employment renewal and that the alleged liberty deprivations did not rise to constitutional concern, but remanded the First Amendment claim for further factual determination.
• Cannon v. Univ. OF Health Sciences/THE Chicago Med. Sch.
  710 F.2d 351· 7th Cir.· 1983-06-14 ·cited 28×·via Violation Of 42 U.S.C. § 1983
  The court held that Title IX does not provide a damages remedy and the Eleventh Amendment bars damage claims against state universities under 42 U.S.C. § 1983. Laches may apply to equitable claims under § 1983 when legal remedies are barred.
• Pharr v. Hous. Auth. OF the City OF Prichard
  704 F.2d 1216· 11th Cir.· 1983-05-09 ·cited 28×·via Violation Of 42 U.S.C. § 1983
  The court held that the attorney's fee award should be based on the parties' fee agreement, which limits the recovery to the amount the plaintiff is contractually bound to pay, provided that amount is reasonable under the Johnson factors.
• Muir v. Ala. Educ. Television Comm'n: Jacob Walker
  688 F.2d 1033· 5th Cir.· 1982-10-15 ·cited 28×
  The dissenting judge believes state-operated television stations should have latitude in programming decisions, and neutrality is only abused if decisions are based solely on viewpoint.
• Branchcomb v. Lou Brewer
  669 F.2d 1297· 8th Cir.· 1982-02-11 ·cited 28×
  The court held that the trial court's findings of fact were insufficient to allow for intelligent appellate review of the defendants' state of mind.
• Beard v. Udall
  648 F.2d 1264· 9th Cir.· 1981-06-26 ·cited 28×
  A judge is not immune for conspiracy to jail a party if the acts were non-judicial; a prosecutor loses immunity if acting outside authority due to conflict of interest and baseless charges; a sheriff has qualified immunity.
• Covington v. Allsbrook
  636 F.2d 63· 4th Cir.· 1980-11-25 ·cited 28×
  The court held that a pro se litigant's notice of appeal must be personally signed by each party wishing to appeal, and an 'et al.' designation is insufficient to confer appellate jurisdiction for unnamed parties.
• Rubin v. O'Koren
  621 F.2d 114· 5th Cir.· 1980-07-07 ·cited 28×
  The court held that the plaintiff's administrative grievance did not toll the statute of limitations, but that the district court erred in dismissing the case with prejudice, allowing the plaintiff to amend her complaint to plead the estoppel defense with particularity.
• Ashbrook v. Harlan Hoffman
  617 F.2d 474· 7th Cir.· 1980-03-19 ·cited 28×·via Violation Of 42 U.S.C. § 1983
  Indiana partition commissioners are entitled to absolute quasi-judicial immunity for their conduct in handling a partition sale and distributing proceeds.
• Turner v. Raynes
  611 F.2d 92· 5th Cir.· 1980-01-31 ·cited 28×·via Violation Of 42 U.S.C. § 1983
  A justice of the peace is entitled to absolute judicial immunity for acts taken within their jurisdiction, even if those acts exceed their authority, as long as they do not act in the clear absence of all jurisdiction.
• Paxman v. Campbell
  612 F.2d 848· 4th Cir.· 1980-01-02 ·cited 28×
  The maternity leave policies requiring pregnant teachers to cease teaching at mandatory times violated the due process clause of the Fourteenth Amendment under Cleveland Board of Education v. LaFleur. School board members sued in their individual capacities are entitled to qualif
• Dist. 28 v. Wellmore Coal Corp.
  609 F.2d 1083· 4th Cir.· 1979-11-15 ·cited 28×
  Resort to state judicial processes by private parties does not, in itself, transform them into state actors for purposes of 42 U.S.C. § 1983, absent specific circumstances like the invocation of an immediately enforceable state judgment.
• Eusebia Fernandez v. Honorable Jose Trias Monge
  586 F.2d 848· 1st Cir.· 1978-09-28 ·cited 28×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the Younger abstention doctrine did not bar the federal action because the plaintiff lacked an adequate remedy in the Commonwealth courts for his pretrial detention claim, and the denial of certiorari was not a decision on the merits.
• Cavett v. Ellis
  578 F.2d 567· 5th Cir.· 1978-08-17 ·cited 28×
  A federal court cannot entertain a suit under 42 U.S.C. § 1983 to attack the validity of a state criminal conviction when the sentence has been fully served and the petitioner is not in custody.
• Frederick L. v. Thomas
  578 F.2d 513· 3d Cir.· 1978-06-12 ·cited 28×
  The court held that abstention on the plaintiff's individual claim for damages was appropriate, and appellate jurisdiction could be exercised via mandamus.
• Prince v. Wallace
  568 F.2d 1176· 5th Cir.· 1978-03-03 ·cited 28×
  The court affirmed the district court's grant of summary judgment and dismissal, finding the claims barred by the statute of limitations and prosecutorial immunity.
• Strader v. Troy
  571 F.2d 1263· 4th Cir.· 1978-02-14 ·cited 28×·via 42 U.S.C. § 1983 Action
  The dissenting judge believes the majority incorrectly interpreted prior case law regarding the certainty required from a sentencing judge's certificate and improperly directed the North Carolina court to pass on the validity of Virginia convictions.