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

• Hahn v. McLEY
  737 F.2d 771· 8th Cir.· 1984-06-29 ·cited 22×
  The court held that the district court's finding of personal liability for supervisors was clearly erroneous, as there was no evidence of their direct involvement or deliberate indifference to the prisoner's medical needs.
• In re Romulus Cmty. Schs. v. Romulus Cmty. Schs.
  729 F.2d 431· 6th Cir.· 1984-03-07 ·cited 22×·via 42 U.S.C. § 1983 Action
  A district court has the discretion to remand pendent state law claims to state court after the federal basis for removal jurisdiction has been eliminated, even if the remand is not based on a specific statutory ground for remand.
• Parenti v. Ponte
  727 F.2d 21· 1st Cir.· 1984-02-08 ·cited 22×·via Violation Of 42 U.S.C. § 1983
  The court held that the inmate's transfer to a departmental segregation unit did not violate due process, as the Classification Board's role was advisory and the Commissioner retained ultimate discretion.
• Hart v. Dudley Walker
  720 F.2d 1436· 5th Cir.· 1983-12-16 ·cited 22×·via Violation Of 42 U.S.C. § 1983
  The court held that the defendant's actions constituted false arrest, assault, and deprivation of property rights, and that he was not entitled to qualified immunity.
• Haygood v. Evelle J. Younger
  718 F.2d 1472· 9th Cir.· 1983-10-25 ·cited 22×·via Section 1983
  Post-deprivation processes can satisfy the Fourteenth Amendment's due process requirement for liberty interests, and detention beyond a lawful term is not automatically cruel and unusual punishment under the Eighth Amendment.
• Espino v. Besteiro
  708 F.2d 1002· 5th Cir.· 1983-07-05 ·cited 22×·via Violation Of 42 U.S.C. § 1983
  The court held that a district court abused its discretion by denying attorney's fees under 42 U.S.C. § 1988 based on the defendant's good faith, as good faith is not a special circumstance justifying denial. The court also held that a plaintiff who prevails on a non-fee-generati
• Randall v. Lukhard
  709 F.2d 257· 4th Cir.· 1983-06-08 ·cited 22×
  The dissenting judge would reverse the district court's ruling that Virginia's transfer of assets provision was invalid prior to the Boren-Long Amendment, and would affirm the district court's ruling on the amended plan.
• Larsen v. Allyn R. Sielaff and Thomas R. Israel
  702 F.2d 116· 7th Cir.· 1983-03-15 ·cited 22×·via 42 U.S.C. § 1983 Civil Rights Claim
  A prisoner's civil rights suit that results in a consent decree granting relief only available in habeas corpus is functionally a habeas corpus proceeding, and thus attorney's fees under 42 U.S.C. § 1988 are not available.
• Gerena v. Puerto RICO Legal Servs., Inc.
  697 F.2d 447· 1st Cir.· 1983-01-07 ·cited 22×
  The court held that the plaintiff failed to demonstrate that the actions of Puerto Rico Legal Services, Inc. (PRLS) could be attributed to the federal or state government, thus his due process claims failed.
• Wolfel v. Sanborn
  691 F.2d 270· 6th Cir.· 1982-10-20 ·cited 22×
• Rhea Dopico v. Goldschmidt
  687 F.2d 644· 2d Cir.· 1982-09-02 ·cited 22×
  The court affirmed the district court's dismissal of claims against local defendants but reversed the dismissal of claims against federal defendants.
• Olgin v. Darnell
  664 F.2d 107· 5th Cir.· 1981-12-18 ·cited 22×
  The court held that the pretrial detainee's confinement and restrictions, including temporary removal of clothing, did not constitute punishment and were rationally related to legitimate governmental objectives, thus not violating due process.
• KIM v. Coppin State Coll.
  662 F.2d 1055· 4th Cir.· 1981-10-26 ·cited 22×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the district court erred in granting a directed verdict on the compensation issue, particularly concerning the First Amendment claim, and remanded for a new trial on that issue, while affirming the directed verdict on promotion and working conditions.
• Littlefield v. Deland
  641 F.2d 729· 10th Cir.· 1981-05-12 ·cited 22×·via 42 U.S.C. § 1983 Liability
  The court held that confining a pretrial detainee in extreme conditions for an excessive period constitutes punishment, violating due process rights.
• Parkhurst v. State OF Wyo.
  641 F.2d 775· 10th Cir.· 1981-05-11 ·cited 22×
  The court held that claims for release or injunctive relief are cognizable only in habeas corpus and require exhaustion of state remedies, but a claim for money damages under § 1983 may proceed if it does not interfere with ongoing state criminal proceedings.
• LEE v. Downs
  641 F.2d 1117· 4th Cir.· 1981-03-05 ·cited 22×
• Phillips v. Carey
  638 F.2d 207· 10th Cir.· 1981-01-06 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that while restrictions on filing future actions are permissible in extreme cases, the record was deficient to demonstrate their proper application, requiring remand.
• Margarette Curtis v. Taylor
  648 F.2d 946· 5th Cir.· 1980-12-19 ·cited 22×
  The court held that the failure to exhaust administrative remedies is excused when the available administrative procedures cannot provide the relief sought, particularly for constitutional and federal statutory claims.
• David Haywood in behalf of himself & others similarly situated v. Ball
  634 F.2d 740· 4th Cir.· 1980-11-13 ·cited 22×
  The court held that collateral estoppel did not bar punitive damages because the issues in the two trials were not identical, and affirmed the denial of attorney fees because the plaintiff did not prevail on his federal claim.
• Hernandez v. City OF LOS Angeles
  624 F.2d 935· 9th Cir.· 1980-08-06 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that the jury's verdict in the prior criminal proceeding did not necessarily determine that the officers used only reasonable force, thus collateral estoppel was improperly applied.
• de Tore v. Local # 245 OF the Jersey City Pub. Emps. Union
  615 F.2d 980· 3d Cir.· 1980-02-28 ·cited 22×·via Violation Of 42 U.S.C. § 1983
  The court affirmed summary judgment for the Secretary of Labor, finding no basis for liability, but vacated the summary judgment for city defendants and remanded for clarification of the lower court's reasoning on remaining claims.
• Reynaldo Tongol v. Usery
  601 F.2d 1091· 9th Cir.· 1979-08-06 ·cited 22×
  The court held that the federal regulation prohibiting states from waiving recoupment of overpayments was invalid as exceeding the Secretary's statutory authority and conflicting with congressional intent to apply state law. The court also held that plaintiffs stated a claim unde
• Butler v. Goldblatt Bros., Inc.
  589 F.2d 323· 7th Cir.· 1978-12-29 ·cited 22×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that police officers lacked probable cause for warrantless arrests, making the good faith defense unavailable under § 1983, and that Goldblatt's mere provision of information to police did not constitute actionable participation in the arrests under either federal
• Musso v. Raffaele Suriano
  586 F.2d 59· 7th Cir.· 1978-11-02 ·cited 22×
  The court held that allegations of substantial state and federal funding and general regulation, without more, are insufficient to establish that a private entity acted "under color of state law" for purposes of a 42 U.S.C. § 1983 claim.
• McKNIGHT v. Se. Pa. Transp. Auth.
  583 F.2d 1229· 3d Cir.· 1978-09-29 ·cited 22×·via 42 U.S.C. § 1983 Liability
  The court held that the district court erred in dismissing the plaintiff's claim regarding a deprivation of his liberty interest, as the alleged stigmatizing charge of intoxication could be a factual question for trial. The court also vacated the dismissal of the property interes
• Fulton v. Isadore Hecht
  580 F.2d 1243· 5th Cir.· 1978-09-28 ·cited 22×·via Violation Of 42 U.S.C. § 1983
  A dog track's refusal to renew a booking contract, absent a purpose to create or maintain a monopoly, is not a violation of antitrust laws, and a party cannot claim tortious interference with administrative proceedings when the harm is to the state, not the individual.
• Sterling v. Vill. OF Maywood
  579 F.2d 1350· 7th Cir.· 1978-07-07 ·cited 22×·via Violation Of 42 U.S.C. § 1983
  The court held that the facts of the case do not rise to the level of a constitutional question, and the complaint should be dismissed.
• Beulah Chase v. McMASTERS
  573 F.2d 1011· 8th Cir.· 1978-04-05 ·cited 22×
  The court held that a city's refusal to provide water and sewer services to tax-exempt Indian trust land, solely because of its tax-exempt status, impairs a federal right and states a claim under 42 U.S.C. § 1983, but the city officials are immune from damages due to qualified im
• Allen P. Schlein, M.D. v. The Milford Hosp., Inc.
  561 F.2d 427· 2d Cir.· 1977-08-25 ·cited 22×
  The court held that the hospital's denial of staff privileges did not constitute state action, and therefore the district court lacked jurisdiction under 42 U.S.C. § 1983.
• Bouse v. Bussey
  573 F.2d 548· 9th Cir.· 1977-07-21 ·cited 22×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the forcible seizure of a pubic hair sample from a pretrial detainee without a warrant constituted an unreasonable search and seizure under the Fourth and Fourteenth Amendments.
• Rodriguez v. Jimenez
  551 F.2d 877· 1st Cir.· 1977-03-23 ·cited 22×
  The court held that the award of attorneys' fees to the prevailing party in a Section 1983 action is proper under the Civil Rights Attorneys’ Fees Awards Act of 1976, even for cases pending on appeal.
• State of N.J. v. Chesimard
  555 F.2d 63· 3d Cir.· 1977-03-09 ·cited 22×·via 42 U.S.C. § 1983 Civil Rights Claim
  The dissenting judge would find that federal intervention is permissible, either because the relief sought is collateral to the state criminal proceeding under Gerstein v. Pugh, or because exceptional circumstances warrant intervention under Younger v. Harris.
• Mitchell v. King
  537 F.2d 385· 10th Cir.· 1976-06-22 ·cited 22×
  The court's holding is not explicitly stated as this is a concurring opinion focusing on reasoning.
• Carpenter v. State OF S.D.
  536 F.2d 759· 8th Cir.· 1976-06-03 ·cited 22×
  The court should reverse and remand for an inquiry into the prison censorship board's judgment that the material is detrimental to rehabilitation and that total censorship is the least restrictive means.
• Carter v. Hardy
  526 F.2d 314· 5th Cir.· 1976-01-23 ·cited 22×
  The court held that a federal court cannot order the expungement of state convictions that have fully served their sentences and are not used for sentence enhancement.
• Charles J. Wolfer and wife v. Raymond C. Thaler & the City of Brenham
  525 F.2d 977· 5th Cir.· 1976-01-07 ·cited 22×
  The court held that declaratory relief was unavailable because there was no actual controversy, as the statute in question had been replaced and the officer was absolved from liability.
• Lilly Mae Onie Lee Whitelaw Hilliard v. Williams
  516 F.2d 1344· 6th Cir.· 1975-05-28 ·cited 22×·via Violation Of 42 U.S.C. § 1983
  The court held that the defendants' actions in withholding exculpatory evidence and presenting misleading testimony deprived the plaintiff of her constitutional right to a fair trial, and that these actions were a proximate cause of her conviction and imprisonment.
• Warren v. Norman Realty Co.
  513 F.2d 730· 8th Cir.· 1975-03-21 ·cited 22×·via Violation Of 42 U.S.C. § 1983
  The court held that the 180-day limitations period of the Fair Housing Act does not apply to actions brought under 42 U.S.C. § 1982. However, the court applied the 180-day limitations period from Nebraska's housing discrimination statute to the federal claim.
• Riddell v. The Nat'l Democratic Party
  508 F.2d 770· 5th Cir.· 1975-02-21 ·cited 22×·via Violation Of 42 U.S.C. § 1983
  The court held that Mississippi's statute granting exclusive rights to a political party name is unconstitutional as it unduly burdens the right to free association.
• Wright v. The City OF Jackson
  506 F.2d 900· 5th Cir.· 1975-01-15 ·cited 22×·via Violation Of 42 U.S.C. § 1983
  A municipal ordinance requiring city employees to reside within city limits does not infringe a fundamental constitutional right to travel and is therefore constitutional under the rational basis test.
• Freeman v. Lockhart
  503 F.2d 1016· 8th Cir.· 1974-10-09 ·cited 22×
  A prisoner's complaint alleging deliberate indifference to essential medical treatment, even if inartfully drawn, may state a claim under 42 U.S.C. § 1983.
• Davis v. Weir
  497 F.2d 139· 5th Cir.· 1974-07-18 ·cited 22×
  The court held that refusing water service to new applicants based on a third party's unpaid water bill violates the Equal Protection Clause of the Fourteenth Amendment, but modified the class definition to be more specific.
• Newkirk v. Butler
  499 F.2d 1214· 2d Cir.· 1974-06-03 ·cited 22×·via Violation Of 42 U.S.C. § 1983
  A prisoner transferred from a minimum-security facility to a maximum-security facility, suffering substantial deprivations of privileges and opportunities, is entitled to rudimentary due process, including notice and an opportunity to be heard, even if the transfer is not part of
• Junior Chamber OF Commerce OF Rochester, Inc. v. The United States Jaycees
  495 F.2d 883· 10th Cir.· 1974-04-16 ·cited 22×·via Violation Of 42 U.S.C. § 1983
  The court held that the United States Jaycees' discriminatory membership policies, despite receiving federal funds and tax exemptions, do not constitute state or federal action sufficient to violate constitutional rights or civil rights statutes.
• Ellingburg v. King
  490 F.2d 1270· 8th Cir.· 1974-01-22 ·cited 22×
  The court held that broad and conclusory statements unsupported by factual allegations are insufficient to state a claim under 42 U.S.C. § 1983, and the allegations did not rise to constitutional dignity.
• Jennings v. Patterson
  488 F.2d 436· 5th Cir.· 1974-01-17 ·cited 22×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in setting aside the jury's findings of prescription and dedication, and that the city's failure to remove the barricade constituted state action under Section 1983.
• Gaffney v. Silk
  488 F.2d 1248· 1st Cir.· 1973-12-27 ·cited 22×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the district court abused its discretion by denying the plaintiffs' motion to amend their complaint, as the amended complaint sufficiently stated a cause of action under 42 U.S.C. § 1983.
• Aurora Educ. Ass'n E. v. Bd. OF Educ. OF Aurora Pub. Sch. Dist. NO. 131 OF Kane Cnty.
  490 F.2d 431· 7th Cir.· 1973-12-20 ·cited 22×·via Violation Of 42 U.S.C. § 1983
  A school board policy that disqualifies a teachers' union as a bargaining representative for asserting the right to strike is unconstitutional as applied, violating the First Amendment's free speech guarantees incorporated by the Fourteenth Amendment.
• Brown v. Allyn R. Sielaff
  474 F.2d 826· 3d Cir.· 1973-02-23 ·cited 22×
  The court held that the prisoner's allegations against the Commissioner of Correction were not sufficiently precise to state a constitutional deprivation.
• Rivera v. The Honorable Marvin A. Freeman
  469 F.2d 1159· 9th Cir.· 1972-11-17 ·cited 22×·via Violation Of 42 U.S.C. § 1983
  The court held that federal courts should abstain from deciding the constitutionality of state juvenile detention statutes when state courts have not definitively ruled on the issue and there is no showing of state court inadequacy, due to principles of comity and federalism.