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

• Freeman v. Rideout
  808 F.2d 949· 2d Cir.· 1986-12-30 ·cited 25×
  The filing of unfounded charges against a prison inmate does not, per se, constitute a constitutional violation actionable under 42 U.S.C. § 1983, provided that the inmate receives the constitutionally required due process protections at a subsequent disciplinary hearing.
• McRORIE v. Shimoda
  795 F.2d 780· 9th Cir.· 1986-07-28 ·cited 25×
  The court held that allegations in a motion for judgment on the pleadings cannot be considered part of the complaint, and a plaintiff explicitly waived a due process claim.
• Crawford v. Tex. Army Nat'l Guard
  794 F.2d 1034· 5th Cir.· 1986-07-23 ·cited 25×
  The court held that claims for damages and injunctive relief based on alleged constitutional violations by military personnel are barred by Chappell and Feres doctrines, and claims for correction of records are premature due to failure to exhaust administrative remedies.
• Carter v. Dist. OF Columbia
  795 F.2d 116· D.C. Cir.· 1986-07-03 ·cited 25×·via 42 U.S.C. § 1983 Liability
  The court held that the trial judge erred in allowing extensive introduction of allegations of prior police misconduct, necessitating a new trial on claims submitted to the jury. The court also affirmed the directed verdict for the municipality on the constitutional tort claim.
• Johnson v. Univ. OF Wisconsin-Milwaukee
  783 F.2d 59· 7th Cir.· 1986-01-29 ·cited 25×·via Section 1983
  Evidence of a non-discriminatory retaliatory motive is irrelevant to proving that the employer's proffered legitimate, non-discriminatory reason for termination was a pretext for age discrimination.
• Daigle v. Opelousas Health Care, Inc.
  774 F.2d 1344· 5th Cir.· 1985-10-30 ·cited 25×
  A nursing home's receipt of state funding and regulation, without more, does not constitute state action for purposes of a 42 U.S.C. § 1983 claim.
• Taliferro v. Augle
  757 F.2d 157· 7th Cir.· 1985-03-13 ·cited 25×·via 42 U.S.C. § 1983 Claim For Violation Of Fourteenth Amendment Rights
  The court held that while the jury's finding of liability was not against the weight of the evidence, the compensatory damages award was excessive and required a remittitur or a new trial on damages.
• Dahlberg v. Becker
  748 F.2d 85· 2d Cir.· 1984-11-09 ·cited 25×
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because the private parties' alleged misuse of state law was not attributable to the state, and thus there was no 'state action' or 'state actor'.
• Marvin H. v. Austin Indep. Sch. Dist.
  714 F.2d 1348· 5th Cir.· 1983-09-22 ·cited 25×·via Violation Of 42 U.S.C. § 1983
  Parents of a handicapped child cannot recover retrospective compensation or damages for a school district's failure to provide services when the district attempted in good faith to adhere to guidelines and parents unilaterally procured private services without consultation.
• Perez v. Laredo Junior Coll.
  706 F.2d 731· 5th Cir.· 1983-06-10 ·cited 25×
  The court held that most of the plaintiff's claims were barred by the statute of limitations as they were single acts, but the claim for continuing denial of equal protection might not be barred and requires further proceedings.
• Millard Scudder v. Town OF Greendale
  704 F.2d 999· 7th Cir.· 1983-04-08 ·cited 25×
  The court held that a plaintiff failed to state a claim under 42 U.S.C. § 1983 when a zoning ordinance was applied in a reasoned manner, even if the plaintiff believed it was unconstitutional.
• Gargiul v. Tompkins
  704 F.2d 661· 2d Cir.· 1983-03-29 ·cited 25×·via 42 U.S.C. § 1983 Action
  A teacher has a constitutional right to privacy, encompassing bodily integrity, which includes the right to refuse examination by a doctor of the opposite sex.
• Bennett v. City OF Slidell
  697 F.2d 657· 5th Cir.· 1983-02-07 ·cited 25×·via 42 U.S.C. § 1983 Liability
  The court held that the city and city attorney could be held liable under § 1983 for unconstitutional application of zoning ordinances and deprivation of power, but the councilmen were not liable due to insufficient evidence.
• Lakewood v. City OF Lakewood
  699 F.2d 303· 6th Cir.· 1983-02-02 ·cited 25×
  A municipal zoning ordinance prohibiting church construction in most residential districts does not violate the Free Exercise Clause of the First Amendment because it imposes only an indirect financial burden and does not compel abandonment of religious beliefs. The ordinance is
• Knight v. Nassau Cnty. Civil Serv. Comm'n
  649 F.2d 157· 2d Cir.· 1981-05-18 ·cited 25×
  The court held that assigning an employee to a position based on a racial stereotype, even with benign intent, violates Title VII and the Equal Protection Clause, but affirmed the dismissal of a failure-to-promote claim where the employer provided legitimate, non-discriminatory r
• Bartley Braden v. Tex. A & M Univ. Sys.
  636 F.2d 90· 5th Cir.· 1981-02-02 ·cited 25×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  The court held that although the district court erred in applying the wrong state statute of limitations, the plaintiff's Section 1983 claims were time-barred under the correct statute.
• Linnie Carl McCOLLAN v. Tate
  575 F.2d 509· 5th Cir.· 1978-06-19 ·cited 25×
  The court held that a sheriff may be liable under section 1983 for false imprisonment if they fail to exercise due diligence in verifying the identity of an individual arrested under a warrant, even if the warrant is fair on its face.
• Friendship Med. Ctr., Ltd. v. The Chicago Bd. OF Health
  505 F.2d 1141· 7th Cir.· 1974-10-30 ·cited 25×·via Violation Of 42 U.S.C. § 1983
  The court held that regulations exclusively applicable to abortion procedures, even if not limited to the first trimester, violate the right to privacy. However, generally applicable medical regulations, including those incidentally affecting first-trimester abortions, are permis
• Vicente Galvan and Marcelino Torres v. Levine
  490 F.2d 1255· 2d Cir.· 1973-12-03 ·cited 25×·via Violation Of 42 U.S.C. § 1983
  The denial of class action designation was affirmed because monetary relief was properly declined and class action status was unnecessary for the injunctive relief granted.
• Mr. William Franklin v. City OF Marks
  439 F.2d 665· 5th Cir.· 1971-03-02 ·cited 25×·via 42 U.S.C. § 1983 Action
  The ten-day period for appealing a state municipal de-annexation decree is a procedural limitation, not a statute of limitations applicable to a federal civil rights action under 42 U.S.C. § 1983.
• Powell v. Power
  436 F.2d 84· 2d Cir.· 1970-12-23 ·cited 25×·via Violation Of 42 U.S.C. § 1983
  Federal courts lack jurisdiction to remedy unintentional errors in state election administration under the Voting Rights Act or 42 U.S.C. § 1983, absent purposeful discrimination.
• Major Ronald Walsingham v. Kriegel
  671 So. 2d 166· Fla. 1st DCA· 1996-02-21 ·cited 24×
  Petitioners Walsingham and Kriegel, public officials who led environmental and hazardous waste investigations, appealed the denial of their qualified immunity motion in a Section 1983 lawsuit brought by property owners whose premises were searched. The Florida District Court of A
• Gallagher v. Motors Ins. Corp.
  605 So. 2d 62· Fla.· 1992-07-23 ·cited 24×·via 42 U.S.C. § 1983 Action
  Florida's insurance premium tax scheme (pre-July 1, 1988) imposed higher taxes on foreign insurers than domestic insurers. The trial court declared it unconstitutional under the Equal Protection and Due Process Clauses, but the Florida Supreme Court reversed, holding that the tax
• Rivera-Muriente v. Agosto-Alicea
  959 F.2d 349· 1st Cir.· 1992-03-23 ·cited 24×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  The court held that the plaintiff's claim under 42 U.S.C. § 1983 was time-barred because he knew or should have known of his termination more than one year before filing suit.
• Trooper Alvin T. Pontarelli v. Stone
  930 F.2d 104· 1st Cir.· 1991-04-18 ·cited 24×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that a notice of appeal using "et al." is insufficient to confer appellate jurisdiction for unnamed parties and that mistaken reliance on "et al." does not constitute excusable neglect for extending the appeal deadline. The court also affirmed that sex discriminati
• Freeman v. Ferguson
  911 F.2d 52· 8th Cir.· 1990-08-06 ·cited 24×
  The court held that while the original complaint was insufficient, the appellant should have been allowed to amend her complaint to conform to the legal framework established by DeShaney v. Winnebago County DSS.
• Simmons v. Reynolds
  898 F.2d 865· 2d Cir.· 1990-03-12 ·cited 24×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that while a six-year delay in hearing an appeal violated due process rights, the subsequent affirmance of the conviction rendered release from custody inappropriate, and damages were the proper remedy for any remaining prejudice.
• McCUEN v. Polk Cnty.
  893 F.2d 172· 8th Cir.· 1990-01-04 ·cited 24×·via 42 U.S.C. § 1983 Liability
  The court held that the defendants were entitled to immunity, either absolute or qualified, for their actions related to the temporary removal of the child, and thus summary judgment was appropriate.
• Kirkland v. Northside Indep. Sch. Dist.
  890 F.2d 794· 5th Cir.· 1989-12-22 ·cited 24×
  A public school teacher's use of a non-approved supplemental reading list, without seeking administrative approval, does not constitute constitutionally protected speech on a matter of public concern.
• Phelps v. The Wichita Eagle-Beacon
  886 F.2d 1262· 10th Cir.· 1989-09-29 ·cited 24×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that plaintiff's Section 1981 and RICO claims were properly dismissed, but his Section 1985(3) claim and potentially his Section 1983 Equal Protection claim were not, and the state action issue for the Section 1983 claim requires further factual development.
• Baker v. I.G. Racansky
  887 F.2d 183· 9th Cir.· 1989-09-26 ·cited 24×
  The court held that the social workers were entitled to qualified immunity because their conduct in taking a child into temporary protective custody did not violate clearly established law.
• Jones v. Preuit & Mauldin
  876 F.2d 1480· 11th Cir.· 1989-06-20 ·cited 24×
  The court held that the Owens v. Okure decision applies retroactively and that the one-year Alabama statute of limitations bars the plaintiff's § 1983 claim.
• Judie v. Darrell Hamilton, M.D.
  872 F.2d 919· 9th Cir.· 1989-04-18 ·cited 24×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff stated a claim under Title VII for discriminatory limitation of supervisory duties and that his Section 1983 and 1985(3) claims regarding his suspension were not barred by the settlement agreement.
• Duncan v. Mr. & Mrs. Harold Peck
  844 F.2d 1261· 6th Cir.· 1988-04-25 ·cited 24×
  Private parties acting under color of state law are not entitled to good faith immunity under 42 U.S.C. § 1983, but may assert a good faith defense.
• GEE v. Estes
  829 F.2d 1005· 10th Cir.· 1987-09-28 ·cited 24×
  The court held that the district court erred by failing to provide the pro se plaintiff with the required ten days to object to the magistrate's report and by not conducting a de novo review of the plaintiff's objections to factual findings.
• Alvarado v. Zayas
  816 F.2d 818· 1st Cir.· 1987-04-24 ·cited 24×
  The dissenting judge believes the majority erred in its reasoning and outcome, particularly regarding the application of Branti v. Finkel and the burden of proof for political affiliation in public office.
• Garza v. City OF Omaha
  814 F.2d 553· 8th Cir.· 1987-03-25 ·cited 24×·via 42 U.S.C. § 1983 Liability For Municipalities
  The court held that a jury's finding of discriminatory custom under § 1983 collaterally estops the district court from making inconsistent findings on a simultaneously tried Title VII claim. The court also reversed the setting aside of punitive damages.
• Jones v. Preuit & Mauldin
  808 F.2d 1435· 11th Cir.· 1987-02-02 ·cited 24×·via 42 U.S.C. § 1983 Claim For Deprivation Of Due Process
  The court held that the seizure of property without notice under Alabama's attachment statute, which was an established state procedure, did not fall under the Parratt v. Taylor exception, and that private defendants could assert qualified immunity but failed to prove they acted
• Brown v. Frey
  807 F.2d 1407· 8th Cir.· 1986-12-24 ·cited 24×
  The court held that the adjustment board provided a constitutionally adequate written statement of evidence and reasons, and that the decision was supported by 'some evidence' in the record, thus satisfying due process requirements.
• Worldwide Church OF GOD v. McNAIR
  805 F.2d 888· 9th Cir.· 1986-12-05 ·cited 24×
  The district court lacked subject matter jurisdiction because the plaintiffs' claims were inextricably intertwined with the state court's judgment, requiring review of that decision.
• Mrs. Tobie Brantley v. M.F. Surles
  804 F.2d 321· 5th Cir.· 1986-11-17 ·cited 24×
  The court affirmed the district court's awards for backpay and attorney's fees, finding no clear error or abuse of discretion in the calculations or application of legal standards.
• Griffin v. Bd. OF Regents OF Regency Univs.
  795 F.2d 1281· 7th Cir.· 1986-06-18 ·cited 24×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the district court's judgment, finding no discrimination under Title VII, the Equal Pay Act, or §§ 1983 and 1985, and that the university's dual classification system was not inherently illegal.
• Henderson v. Lopez
  790 F.2d 44· 7th Cir.· 1986-05-05 ·cited 24×
  An Assistant State's Attorney is entitled to absolute immunity when performing quasi-judicial functions, such as advising county officials on legal matters.
• Batterton v. The Tex. Gen. Land Off.
  783 F.2d 1220· 5th Cir.· 1986-03-03 ·cited 24×·via 42 U.S.C. § 1983 Action
  The court held that the employees did not possess a constitutionally protected property interest in their jobs under Texas law and failed to present sufficient evidence to support their First Amendment claim, thus affirming the grant of summary judgment.
• O'Connor v. Peru State Coll.
  781 F.2d 632· 8th Cir.· 1986-01-02 ·cited 24×
  The court affirmed the dismissal of the plaintiff's claims, finding no clear error in the district court's factual determinations regarding discrimination, retaliation, and Title IX funding.
• Duncan v. Poythress
  777 F.2d 1508· 11th Cir.· 1985-12-12 ·cited 24×
  The court held that a pro se litigant who is an attorney cannot recover attorney's fees under 42 U.S.C.A. § 1988 because the term 'attorney' implies representation of another party.
• Creamer v. Officer Lewis Porter
  754 F.2d 1311· 5th Cir.· 1985-03-15 ·cited 24×
  The court held that punitive damages under section 1983 require a showing of willful misconduct or conscious indifference to the rights of others, not merely gross negligence.
• Findeisen v. N. E. Indep. Sch. Dist.
  749 F.2d 234· 5th Cir.· 1984-12-26 ·cited 24×
  The court concurred that the record did not entirely exclude the possibility of bad faith termination, which could entitle the plaintiff to relief under section 1983.
• P.E. Bazemore v. Friday
  751 F.2d 662· 4th Cir.· 1984-12-10 ·cited 24×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the district court's judgment, finding no error in the denial of class certification or the rejection of individual discrimination claims.
• Limerick v. Greenwald
  749 F.2d 97· 1st Cir.· 1984-12-03 ·cited 24×
  The court affirmed the district court's judgments, finding post-judgment motions untimely and the stigmatization claim without merit due to available state procedures. Sanctions were imposed against counsel.