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

• Manego v. Cape COD Five Cents Sav. Bank
  692 F.2d 174· 1st Cir.· 1982-10-28 ·cited 26×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to present sufficient evidence to create a genuine issue of material fact regarding a conspiracy to deny him a disco license based on race, thus summary judgment for the defendants was proper.
• Bruner v. Dunaway
  684 F.2d 422· 6th Cir.· 1982-08-11 ·cited 26×
  The court held that the district court did not abuse its discretion in granting a new trial based on insufficient evidence of personal involvement or presence during the alleged assault, and that denying post-trial motions after the second trial was also proper.
• Goichman v. Rheuban Motors, Inc.
  682 F.2d 1320· 9th Cir.· 1982-07-02 ·cited 26×
  The court held that a post-storage hearing within forty-eight hours satisfies due process requirements for vehicle impoundment and that a private towing company acting at the direction of law enforcement is considered to be acting under color of state law for § 1983 claims.
• Johnson v. Officer J. Miller
  680 F.2d 39· 7th Cir.· 1982-06-07 ·cited 26×
  The court held that the plaintiff's complaint failed to state a claim under 42 U.S.C. § 1983 against the arresting officers or the bank, as their actions did not rise to the level of constitutional violations actionable under federal law.
• Metrocare v. Wash. Metro. Area Transit Auth.
  679 F.2d 922· D.C. Cir.· 1982-05-28 ·cited 26×·via Violation Of 42 U.S.C. § 1983
  The court held that the jury's verdicts of race discrimination for four individual plaintiffs were supported by sufficient evidence and should be reinstated, but the jury's verdict for class-wide discrimination was not supported by adequate evidence and was properly set aside.
• Avery v. Homewood City Bd. OF Educ.
  674 F.2d 337· 5th Cir.· 1982-04-26 ·cited 26×·via Violation Of 42 U.S.C. § 1983
  A discharge based in part on an impermissible ground, such as pregnancy out of wedlock, is unlawful unless the employer proves by a preponderance of the evidence that it would have made the same decision even without the impermissible ground. A discharge solely for pregnancy out
• Brooks v. Britton
  669 F.2d 665· 11th Cir.· 1982-03-01 ·cited 26×·via § 1983 Suit
  The court held that the appellant's failure to file a motion for an extension of time to file the notice of appeal rendered any implicit finding of excusable neglect ineffectual.
• Padway v. Palches
  665 F.2d 965· 9th Cir.· 1982-01-11 ·cited 26×·via Violation Of 42 U.S.C. § 1983
  The court held that summary judgment was improper on Title VII claims regarding reassignment and discharge due to disputed facts suggesting sex discrimination, but individual defendants are not liable for back pay. Summary judgment was also reversed for § 1983 and § 1985(3) claim
• Bradford v. Bronner
  665 F.2d 680· 5th Cir.· 1982-01-11 ·cited 26×
  The court held that Tomlin's claims were barred by res judicata, Smith's claims required exhaustion of state remedies, and Bradford's claims were properly dismissed due to performance and lack of reputational harm actionable under § 1983.
• Wilson v. Robinson
  668 F.2d 380· 8th Cir.· 1981-12-30 ·cited 26×·via 42 U.S.C. § 1983 Action
  The court held that a county ordinance creating procedural rights for employee termination is valid and enforceable under state law, and that exhaustion of administrative remedies is not required for section 1983 claims.
• Bleeker v. Dukakis
  665 F.2d 401· 1st Cir.· 1981-12-04 ·cited 26×·via 42 U.S.C. § 1983 Claim For Deprivation Of Due Process
  An at-will employment interest is not constitutionally protected 'property' under the Fourteenth Amendment, and thus a claim for deprivation of due process cannot be based upon its termination.
• Dike v. The Sch. Bd. OF Orange Cnty.
  650 F.2d 783· 5th Cir.· 1981-07-17 ·cited 26×
  The court held that a teacher's interest in breastfeeding her child during her non-duty time is a constitutionally protected liberty interest, and the complaint should not have been dismissed without fact-finding on the school board's justifications.
• Williams v. Dolph Briscoe
  641 F.2d 274· 5th Cir.· 1981-03-30 ·cited 26×
  The Texas parole statute does not create a protectible expectancy of release that triggers due process protections under Greenholtz.
• Henriksen v. The Honorable Judge Vernon G. Bentley
  644 F.2d 852· 10th Cir.· 1981-03-26 ·cited 26×·via 42 U.S.C. § 1983 Claim For Denial Of Access To Courts
  A judge is not liable under 42 U.S.C. § 1983 for a clerk's actions under respondeat superior, but a clerk's claim for denial of access to courts requires further factual development regarding qualified immunity.
• Wheatley v. Police Officers Robert Beetar
  637 F.2d 863· 2d Cir.· 1980-12-31 ·cited 26×·via 42 U.S.C. § 1983 (Excessive Force)
  The court should order a new trial on all issues, not just damages, because liability and damages are too intertwined.
• Glaros v. Perse
  628 F.2d 679· 1st Cir.· 1980-08-12 ·cited 26×
  The court held that the dismissal of the complaint against out-of-state defendants and the Commonwealth of Massachusetts was proper, but remanded the case for redetermination of the motion to amend the complaint as to certain Massachusetts defendants and the United States.
• Iola Forts v. Ward
  621 F.2d 1210· 2d Cir.· 1980-05-08 ·cited 26×·via Violation Of 42 U.S.C. § 1983
• Ferranti v. Moran
  618 F.2d 888· 1st Cir.· 1980-04-18 ·cited 26×
  The court held that the dismissal of the inmate's claims regarding property destruction, interference with legal access, and retaliation was improper, requiring reversal and remand.
• Smith v. Sheriff Mike Sullivan
  611 F.2d 1039· 5th Cir.· 1980-02-14 ·cited 26×
  A federal court cannot impose a jail population limit solely to comply with state law; such a limit must be tied to remedying a federal constitutional violation after a hearing.
• Hudspeth v. Figgins
  584 F.2d 1345· 4th Cir.· 1978-10-05 ·cited 26×·via 42 U.S.C. § 1983 Litigation
  A single, incredible threat by a correctional officer and subsequent administrative reassignment do not state a claim of constitutional magnitude.
• LOE v. Armistead
  582 F.2d 1291· 4th Cir.· 1978-08-16 ·cited 26×
  The dissenting judge believes the majority erred in finding a § 1983 claim for deliberate indifference to serious medical needs and in creating a broad federal remedy under the Fifth Amendment.
• Domingo Roque Molina v. Paul T. Richardson & the City of Los Angeles
  578 F.2d 846· 9th Cir.· 1978-07-21 ·cited 26×·via Section 1983
  The dissenting judge would reverse the district court's decision, find jurisdiction, and infer a cause of action against the city directly from the Fourteenth Amendment.
• Arthur v. Ewald P. Nyquist
  573 F.2d 134· 2d Cir.· 1978-03-08 ·cited 26×·via 42 U.S.C. § 1983 Liability
  The court held that officials sued in their official capacities for injunctive relief are 'persons' under § 1983, and that the district court correctly applied the 'foreseeable consequences' test to find intentional segregation by city appellants.
• Flavia Alfaro de Quevedo v. Schuck
  556 F.2d 591· 1st Cir.· 1977-06-03 ·cited 26×
  A government employee's position is considered policymaking, allowing for dismissal on political grounds, if the duties involve broad discretion, advice to superiors, and formulation of policy, even if the employee did not exercise the full extent of that discretion.
• Miller v. Barilla
  549 F.2d 648· 9th Cir.· 1977-01-31 ·cited 26×·via 42 U.S.C. § 1983 Liability
  Public defenders are accorded absolute immunity from § 1983 damage claims for acts done in the performance of their judicial function, specifically including plea bargaining.
• Martin v. Merola
  532 F.2d 191· 2d Cir.· 1976-02-05 ·cited 26×
  A prosecutor may be held liable under § 1983 for making public statements that are beyond the scope of official duties and known or should have been known to violate a defendant's constitutional rights to a fair trial.
• Bursey v. Weatherford
  528 F.2d 483· 4th Cir.· 1975-12-02 ·cited 26×
  The court held that the government's knowing allowance of an informant to intrude upon attorney-client conferences, even if for cover and not to gain specific trial strategy, violates the Sixth Amendment right to counsel and the Fourteenth Amendment right to a fair trial, requiri
• Pedro and Olga A. Barrera v. Sec. Bldg. & Inv. Corp.
  519 F.2d 1166· 5th Cir.· 1975-09-25 ·cited 26×·via 42 U.S.C. § 1983 Action
  The court held that the non-judicial foreclosure of a deed of trust, even when regulated by state statute, does not constitute state action for purposes of a Fourteenth Amendment due process claim.
• Goodrich v. Supreme Court OF the State OF S.D.
  511 F.2d 316· 8th Cir.· 1975-03-07 ·cited 26×
  The court held that a federal court should not intervene in ongoing state disbarment proceedings absent a showing of great and immediate irreparable injury, and that issues previously decided by a state court are res judicata.
• Artie Mahaley v. Cuyahoga Metro. Hous. Auth.
  500 F.2d 1087· 6th Cir.· 1974-07-09 ·cited 26×·via Violation Of 42 U.S.C. § 1983
  The court held that the single judge erred in finding a violation of Section 1983 and ordering relief against the municipalities, as their refusal to enter cooperation agreements was lawful under the Housing Act and did not constitute unconstitutional discrimination.
• Mandel v. Hutchinson
  494 F.2d 364· 9th Cir.· 1974-03-29 ·cited 26×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that federal courts lack jurisdiction to enjoin state tax collection when a plain, speedy, and efficient remedy exists in state courts, as mandated by 28 U.S.C. § 1341.
• Belle Few Thompson v. Sheppard
  490 F.2d 830· 5th Cir.· 1974-03-08 ·cited 26×·via Violation Of 42 U.S.C. § 1983
  A jury list drawn objectively and at random from the entire voting list is presumed to be representative, and the burden is on the challenger to prove constitutional deficiency.
• Tang v. App. Div. OF the NEW York Supreme Court
  487 F.2d 138· 2d Cir.· 1973-10-19 ·cited 26×·via 42 U.S.C. § 1983 Action
• Sullivan v. Houston Indep. Sch. Dist.
  475 F.2d 1071· 5th Cir.· 1973-03-15 ·cited 26×
  The court held that while the initial hearing before the principal may have been procedurally flawed due to his personal involvement, subsequent de novo appellate hearings cured this defect, and the student's flagrant disregard for school regulations justified his suspension.
• Male v. Crossroads Assocs.
  469 F.2d 616· 2d Cir.· 1972-11-10 ·cited 26×
  The court held that the pervasive state involvement in the development and operation of the Crossroads Apartments meant its rental practices were subject to the Equal Protection Clause of the Fourteenth Amendment, and the refusal to consider welfare recipients for housing constit
• Wilkinson v. Skinner
  462 F.2d 670· 2d Cir.· 1972-06-28 ·cited 26×
  The court held that amended prison mail regulations mooted the case, as they adequately protect inmates' First and Sixth Amendment rights.
• Winters v. Alan D. Miller, M.D.
  446 F.2d 65· 2d Cir.· 1971-05-26 ·cited 26×·via 42 U.S.C. § 1983 Liability
  The court held that the appellant's constitutional rights were not violated by fingerprinting and photographing, and that the trial court's grant of summary judgment for the defendants should be affirmed.
• Harlan Clark Brown v. Strickler
  422 F.2d 1000· 6th Cir.· 1970-02-19 ·cited 26×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in dismissing the students' suit sua sponte for lack of jurisdiction, as the complaint adequately alleged state action and a due process violation under the Civil Rights Act.
• Fear v. Commonwealth OF Pa. & R. K. Johnson
  413 F.2d 88· 3d Cir.· 1969-07-10 ·cited 26×
  The court held that a state is not a 'person' under 42 U.S.C. § 1983 and that a claim of improper medical care is legally insufficient to establish a denial of federal rights.
• Howard v. Colbert Higgins
  379 F.2d 227· 10th Cir.· 1967-06-01 ·cited 26×
  Federal jurisdiction is lacking under 28 U.S.C. § 1343(3) for a claim alleging only the deprivation of a property right.
• Tokyo Gwinnett, LLC v. Gwinnett Cnty.
  940 F.3d 1254· 11th Cir.· 2019-10-11 ·cited 25×
  Tokyo Valentino, an adult entertainment business, challenged Gwinnett County's business licensing and adult entertainment ordinances under federal law, first suing in 2015 and later amending its complaint after the County enacted replacement ordinances. The Eleventh Circuit held
• Simmons v. The City OF Philadelphia
  947 F.2d 1042· 3d Cir.· 1991-10-18 ·cited 25×
  A municipality can be held liable under section 1983 for deliberate indifference to constitutional rights, which can be proven by demonstrating reckless conduct or a failure to act when officials should have known of a risk.
• Hammer v. Gross
  932 F.2d 842· 9th Cir.· 1991-05-13 ·cited 25×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The Ninth Circuit en banc held that while the use of force to extract a blood sample from a suspect is governed by the Fourth Amendment's objective reasonableness standard, the question of whether the force used in this case was excessive was a matter for the jury. The court also
• Playboy Enters., Inc. v. Pub. Serv. Comm'n OF Puerto RICO
  906 F.2d 25· 1st Cir.· 1990-06-21 ·cited 25×·via Violation Of 42 U.S.C. § 1983
  The court held that federal question jurisdiction exists for a suit seeking to enjoin state officials from enforcing state laws preempted by federal statutes, and that 42 U.S.C. § 1983 provides a cause of action to enforce the immunity granted by the Cable Act.
• United Steelworkers OF Am. v. Phelps Dodge Corp.
  865 F.2d 1539· 9th Cir.· 1989-01-18 ·cited 25×·via 42 U.S.C. § 1983 Liability
  The court held that the majority's interpretation of certain statements as evidence of conspiracy was an unwarranted inference, particularly given the lack of direct evidence and the context of the situation.
• DeMALLORY v. Cullen
  855 F.2d 442· 7th Cir.· 1988-08-23 ·cited 25×·via 42 U.S.C. § 1983 Liability
  The court held that a prisoner's Eighth Amendment claim regarding unsanitary conditions and dangerous inmate interactions requires more than a showing of negligence, but the district court improperly granted summary judgment without addressing the core allegations. The court also
• Rushton v. Neb. Pub. Power Dist.
  844 F.2d 562· 8th Cir.· 1988-04-14 ·cited 25×·via 42 U.S.C. § 1983 Action
  The court held that the drug-testing policy did not violate plaintiffs' First Amendment free exercise rights or Fourth Amendment rights, as the state's compelling interests in public safety and plant security outweighed the plaintiffs' privacy and religious objections.
• Jones v. Sherrill
  827 F.2d 1102· 6th Cir.· 1987-09-02 ·cited 25×
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against the official defendants because their actions did not deprive the decedent of constitutional rights without due process of law. The court affirmed the dismissal of the complaint.
• Brown v. Fauver
  819 F.2d 395· 3d Cir.· 1987-05-18 ·cited 25×
  The court held that the prisoner's claim for restoration of good-time credits is cognizable only under habeas corpus, not § 1983, and that he failed to exhaust state remedies. Furthermore, the prisoner lacks standing to seek prospective relief.
• Scutieri v. Duriel "Budd" Paige and Alcides Marquez
  808 F.2d 785· 11th Cir.· 1987-01-26 ·cited 25×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in granting a directed verdict for Marquez and in denying the plaintiffs' claim for punitive damages, but did not err in denying Paige's motion for a new trial based on newly discovered evidence.