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

• Kelsey v. State OF Minn.
  565 F.2d 503· 8th Cir.· 1977-11-08 ·cited 28×
  The court held that claims seeking speedier release must be dismissed for failure to exhaust state remedies, but damage claims under 42 U.S.C. § 1983 can proceed, and the denial of the motion to amend the complaint was proper due to untimeliness.
• Pas P. Torres, Jr. v. First State Bank OF Sierra Cnty.
  550 F.2d 1255· 10th Cir.· 1977-03-03 ·cited 28×
  The court held that a motion to dismiss for failure to state a claim must be treated as a motion for summary judgment if matters outside the pleadings are considered, requiring notice and opportunity for opposing parties to present evidence.
• Lamb Enters., Inc. v. Judge George N. Kiroff
  549 F.2d 1052· 6th Cir.· 1977-01-31 ·cited 28×
  The court vacated the permanent injunction against state court judges and employees, and reversed the judgment against the private defendant.
• Garrett v. Bamford
  538 F.2d 63· 3d Cir.· 1976-06-16 ·cited 28×·via Violation Of 42 U.S.C. § 1983
  The Tax Injunction Act does not bar federal court jurisdiction when state law provides no plain, speedy, and efficient remedy for systematic, intentional racial discrimination in tax assessments.
• Albach v. Odle
  531 F.2d 983· 10th Cir.· 1976-03-25 ·cited 28×
  The court held that participation in interscholastic athletics is not a constitutionally protected right and is within the discretion of state boards, thus not cognizable under § 1983 unless a protected right is denied.
• Kirby v. Blackledge
  530 F.2d 583· 4th Cir.· 1976-01-19 ·cited 28×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in granting summary judgment, as genuine issues of material fact existed regarding prisoners' claims of due process violations and cruel and unusual punishment.
• Tunnell v. Wiley
  514 F.2d 971· 3d Cir.· 1975-04-01 ·cited 28×
  The court held that Tunnell's claims for denial of access to courts and denial of bail reduction were properly dismissed, and his fair trial claim failed because he did not present specific facts to rebut evidence that the jury was not exposed to prejudicial publicity.
• Burton v. Waller
  502 F.2d 1261· 5th Cir.· 1974-10-18 ·cited 28×
  The court held that the trial court did not err in its rulings of law or submission of issues to the jury, affirming the general verdict for the defendants.
• Duba v. McINTYRE
  501 F.2d 590· 8th Cir.· 1974-07-18 ·cited 28×·via Violation Of 42 U.S.C. § 1983
  The court held that judicial immunity applies to officials acting within their general powers, even if in excess of jurisdiction, shielding them from civil rights claims under 42 U.S.C. § 1983.
• Fidtler v. Rundle
  497 F.2d 794· 3d Cir.· 1974-05-13 ·cited 28×
  The court held that the district court's dismissal of the prisoner's § 1983 claim against the superintendent was premature because the record was insufficient to determine the superintendent's good faith defense or immunity.
• Gill v. Deputy Sheriff Charles Manuel
  488 F.2d 799· 9th Cir.· 1973-11-09 ·cited 28×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the trial court erred in refusing to instruct the jury on punitive damages and in improperly allowing the assertion of a privilege for official information, necessitating a new trial.
• Driscoll v. Int'l Union OF Operating Eng'rs
  484 F.2d 682· 7th Cir.· 1973-09-11 ·cited 28×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that a union member's challenge to a non-Communist affidavit requirement for candidacy, even if framed as a free speech issue, falls under Title IV of the LMRDA and must be pursued through the Secretary of Labor, not a private suit under Title I. Furthermore, the u
• Fisher v. Snyder
  476 F.2d 375· 8th Cir.· 1973-04-16 ·cited 28×
  A school board's dismissal of a teacher based on inferences of potential sexual misconduct from her social behavior, without factual support, is arbitrary and capricious and violates substantive due process.
• Cruz v. W. B. (Bill) Hauck
  475 F.2d 475· 5th Cir.· 1973-03-08 ·cited 28×·via § 1983 Suit
  Prison regulations must not unreasonably invade a prisoner's access to the courts without persuasive governmental justification.
• Thomas v. Howard
  455 F.2d 228· 3d Cir.· 1972-02-09 ·cited 28×
  The court held that the prisoner's claim against his attorney under the Civil Rights Act was barred by the statute of limitations and that the attorney was not acting under color of state law.
• Williams v. The Dade Cnty. Sch. Bd.
  441 F.2d 299· 5th Cir.· 1971-04-05 ·cited 28×·via § 1983 Suit
  A 30-day school suspension, in addition to an initial 10-day suspension, requires the "rudiments of an adversary hearing" to satisfy due process. An informal meeting to explain a decision already made is insufficient.
• Hull v. August Petrillo
  439 F.2d 1184· 2d Cir.· 1971-03-17 ·cited 28×
  The court held that the district court erred in dismissing the complaint for failure to state a cause of action, as the alleged campaign of harassment, including the potential application of an unconstitutional ordinance, warranted further factual development.
• Armstrong v. The Bd. OF Educ. OF the City OF Birmingham
  323 F.2d 333· 5th Cir.· 1963-07-12 ·cited 28×·via 42 U.S.C. § 1983 Action
  The court granted an injunction pending appeal regarding desegregation efforts.
• Prosper v. Martin
  989 F.3d 1242· 11th Cir.· 2021-03-05 ·cited 27×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court did not abuse its discretion in excluding expert testimony and did not err in granting summary judgment based on qualified immunity.
• Hull v. Cuyahoga Valley Joint Vocational Sch. Dist. Bd. OF Educ.
  926 F.2d 505· 6th Cir.· 1991-02-15 ·cited 27×·via Violation Of 42 U.S.C. § 1983
  The court held that claims of discriminatory discharge are not cognizable under 42 U.S.C. § 1981 post-Patterson, but that a continuing violation theory may apply to § 1983 claims to overcome the statute of limitations. The court also reversed summary judgment for defendant Schuck
• Grishelda Bryant v. Maffucci
  923 F.2d 979· 2d Cir.· 1991-01-17 ·cited 27×
  The court held that a jury could reasonably find prison officials acted recklessly in denying a pretrial detainee's abortion request, thus denying her constitutional rights.
• Swank v. Smart
  898 F.2d 1247· 7th Cir.· 1990-03-27 ·cited 27×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the officer was deprived of procedural due process because he was not given an opportunity to respond to the police chief's written statement, which served as evidence against him. However, a genuine issue of material fact exists regarding whether he waived hi
• Wulf v. The City OF Wichita
  883 F.2d 842· 10th Cir.· 1989-10-31 ·cited 27×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's termination for insubordination, after refusing to answer questions in an internal investigation without an attorney, did not violate his First Amendment rights, but the punitive damages against the Chief of Police were reversed.
• Dunn v. White
  880 F.2d 1188· 10th Cir.· 1989-08-01 ·cited 27×
  The court held that a pro se plaintiff's pleading alleging a religious objection to AIDS testing, citing a state statute for exemption, is sufficient to survive a Rule 12(b)(6) dismissal.
• Cabrales v. Cnty. OF LOS Angeles
  864 F.2d 1454· 9th Cir.· 1988-12-28 ·cited 27×·via 42 U.S.C. § 1983 Claim For Deliberate Indifference To Serious Medical Needs
  The court affirmed the denial of the JNOV motion, the denial of summary judgment, and the jury verdict, finding that the defendants waived sufficiency of evidence arguments by failing to move for a directed verdict. The court also affirmed the attorneys' fees award, finding no ab
• Sablan v. Dep't OF Fin. OF the Commonwealth OF the N. Mariana Islands
  856 F.2d 1317· 9th Cir.· 1988-09-02 ·cited 27×
  The court held that the plaintiff was a prevailing party under 42 U.S.C. § 1988 because his lawsuit acted as a catalyst for the government to reform its unconstitutional policy of terminating utility services without notice and a hearing, even though the case was settled by stipu
• Felicisimo N. Martin v. Gentile
  849 F.2d 863· 4th Cir.· 1988-06-17 ·cited 27×
  The court held that the use of a loaded shotgun through a car windshield, causing fear, constituted an unreasonable use of force violating the Fourth Amendment, entitling the victim to damages.
• Metzger v. Osbeck
  841 F.2d 518· 3d Cir.· 1988-03-11 ·cited 27×
  The court held that the plaintiff failed to produce sufficient evidence to demonstrate a constitutional violation under section 1983, as the teacher's actions did not rise to the level of excessive force or abuse of power, and the injuries were unexpected and unintended.
• Mahone v. Addicks Util. Dist. OF Harris Cnty.
  836 F.2d 921· 5th Cir.· 1988-02-04 ·cited 27×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the plaintiff's voting rights and procedural due process claims were properly dismissed, but the equal protection claim requires further consideration. The court also directed dismissal of only federal claims with prejudice.
• Emery v. Holmes
  824 F.2d 143· 1st Cir.· 1987-07-29 ·cited 27×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that genuine issues of material fact exist regarding whether the officers' seizure of the plaintiff's automobile violated his Fourth Amendment rights and whether such conduct was within the scope of qualified immunity, thus affirming the denial of the officers' mot
• Dock Brown v. Smith
  813 F.2d 1187· 11th Cir.· 1987-04-06 ·cited 27×
  Summary judgment for prison officials is affirmed where the use of force did not inflict unnecessary and wanton pain and suffering, and the prisoner suffered only minimal injury.
• Perry v. R.E. Thompson
  786 F.2d 1093· 11th Cir.· 1986-04-15 ·cited 27×
  The court held that dismissal and summary judgment were improper because the plaintiff's sworn complaint alleged specific facts creating a genuine dispute of material fact, which the trial court could not resolve by choosing between conflicting affidavits.
• Mazzilli v. James W. Doud & the City of Hialeah
  485 So. 2d 477· Fla. 3d DCA· 1986-03-25 ·cited 27×
  Mazzilli and Story, DEA agents, were shot by police officer Doud during an arrest operation and sued the City of Hialeah and Doud for personal injury, assault and battery, negligence, and civil rights violations. The court affirmed the directed verdict dismissing the municipal ci
• Spika v. The Vill. OF Lombard
  763 F.2d 282· 7th Cir.· 1985-05-22 ·cited 27×·via 42 U.S.C. § 1983 Action
  The court held that a district court's grant of relief under Rule 60(b)(6) to revive a lost right to appeal was improper when the sole asserted reason was the failure to receive notice of the judgment's entry, and the appellant demonstrated insufficient diligence.
• Cobb v. Ga. Power Co.
  757 F.2d 1248· 11th Cir.· 1985-04-16 ·cited 27×
  A private party's mere use of state court process to obtain a court order, even if the order is later vacated, does not constitute action 'under color of law' for purposes of a § 1983 claim, absent allegations of conspiracy or other 'something more' indicating state complicity.
• R. Anthony Marrese, M.D. v. Interqual, Inc.
  748 F.2d 373· 7th Cir.· 1984-11-06 ·cited 27×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiffs' allegations were sufficient to establish the jurisdictional requirement of interstate commerce under the Sherman Act, but the defendants' conduct was exempt from antitrust laws under the state action doctrine.
• Consol. Freightways Corp. of Del. v. Kassel
  730 F.2d 1139· 8th Cir.· 1984-03-27 ·cited 27×
  The court held that the Commerce Clause does not secure rights cognizable under 42 U.S.C. § 1983, and therefore, a prevailing party on a Commerce Clause claim is not entitled to attorney's fees under 42 U.S.C. § 1988.
• Green v. Camilla Maraio and Angelo J. Ingrassia
  722 F.2d 1013· 2d Cir.· 1983-11-07 ·cited 27×
  The court held that a judge and court reporter acting under the judge's instructions are immune from civil liability for damages under 42 U.S.C. § 1983, even if their actions were erroneous or in excess of jurisdiction.
• Dollar v. Haralson Cnty.
  704 F.2d 1540· 11th Cir.· 1983-05-19 ·cited 27×
  The court held that a county's failure to build a bridge, even if negligent, does not constitute a deprivation of constitutional rights actionable under 42 U.S.C. § 1983.
• Jonez P. Suthoff v. Yazoo Cnty. Indus. Dev. Corp.
  637 F.2d 337· 5th Cir.· 1981-02-17 ·cited 27×·via Violation Of 42 U.S.C. § 1983
  The court held that a complaint alleging deprivation of property rights under color of state law, through misuse of expropriation proceedings, sufficiently states a federal claim to establish subject matter jurisdiction.
• Brown v. Miller
  631 F.2d 408· 5th Cir.· 1980-11-26 ·cited 27×
  A public official's misuse of power, even for personal gain, constitutes action 'under color of state law' for § 1983 claims. Prejudicial admission of irrelevant evidence requires a new trial on damages.
• Brule v. Bradford Southworth
  611 F.2d 406· 1st Cir.· 1979-12-28 ·cited 27×
  The court held that the defendants waived their jurisdictional challenge by failing to raise it in the district court and that the district court's finding of retaliatory discipline was not clearly erroneous.
• RAY v. Mabry
  556 F.2d 881· 8th Cir.· 1977-06-09 ·cited 27×·via Violation Of 42 U.S.C. § 1983
  The court held that an inmate's allegations of being compelled to perform physical labor beyond his capabilities, under threat of abuse and excessive hours, state a claim for cruel and unusual punishment under the Eighth Amendment, and thus the complaint should not have been dism
• Harris v. Chanclor
  537 F.2d 203· 5th Cir.· 1976-08-19 ·cited 27×·via 42 U.S.C. § 1983 Liability
  The court held that any error in jury instructions regarding Moore's liability for negligence was harmless, and that Chanclor was not entitled to a new trial due to alleged prejudicial questioning.
• Melara v. Kennedy
  541 F.2d 802· 9th Cir.· 1976-08-02 ·cited 27×
  The court held that a warehouseman's extra-judicial sale of stored goods to enforce a lien under California Commercial Code § 7210 does not constitute state action, and therefore does not violate the owner's due process rights under 42 U.S.C. § 1983.
• Evett L. Simmons v. Ric Bradshaw
  879 F.3d 1157· 11th Cir.· 2018-01-10 ·cited 26×·via 42 U.S.C. § 1983 (Excessive Force)
  Dontrell Stephens was shot four times by Deputy Sheriff Adams Lin during a traffic stop in September 2013, resulting in permanent paralysis. A jury awarded Stephens $23,148,100 in damages for excessive force. The Eleventh Circuit affirmed summary judgment dismissing Stephens' Mon
• Floyd v. Laws
  929 F.2d 1390· 9th Cir.· 1991-03-20 ·cited 26×
  The court held that a jury instruction on qualified immunity was not an abuse of discretion, and that a jury's answer to a verdict question, given in violation of explicit instructions, is surplusage and must be disregarded.
• Colon v. Lieutenant Bruce Schneider
  899 F.2d 660· 7th Cir.· 1990-04-12 ·cited 26×
  The court held that Wisconsin administrative regulations governing the use of mace do not create a federally protected liberty interest for inmates, and therefore, the inmate's due process claim fails.
• Delwood C. Collins v. Marina-Martinez
  894 F.2d 474· 1st Cir.· 1990-01-24 ·cited 26×·via Violation Of 42 U.S.C. § 1983
  A university administrator's actions in terminating a tenured professor without adequate notice and a meaningful opportunity to be heard violate procedural due process, and qualified immunity does not shield the administrator from liability when the right to due process was clear
• Reather Reynolds v. City OF Little Rock
  893 F.2d 1004· 8th Cir.· 1990-01-12 ·cited 26×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the Equal Protection Clause prohibits governmental litigants from using peremptory challenges to exclude jurors based on race in civil cases, and that the City's refusal to justify its strikes required vacating the judgment for a Batson hearing.