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

• Hunter v. Clardy
  558 F.2d 290· 5th Cir.· 1977-08-29 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  An arrest made with probable cause, even with a collateral bad motive, does not constitute a false arrest under Georgia law or a violation of 42 U.S.C. § 1983.
• Holton v. Crozer-Chester Med. Ctr.
  560 F.2d 575· 3d Cir.· 1977-08-03 ·cited 16×
  The court held that the dismissal order is appealable as an interlocutory order denying injunctive relief and vacated the dismissal, remanding for the district court to consider the plaintiffs' motion to amend their pleadings.
• Kirkley David v. Pitser Garrison and Ed Wareing
  553 F.2d 923· 5th Cir.· 1977-06-10 ·cited 16×
  The trial court's findings of fact adequately supported its conclusion that at-large elections in Lufkin diluted the voting strength of black citizens.
• Elssy Rivas Tenorio v. Liga Atletica Interuniversitaria
  554 F.2d 492· 1st Cir.· 1977-05-03 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that the actions of the Liga Atlética Interuniversitaria (LAI) constitute Commonwealth action subject to constitutional scrutiny, and that the regulation discriminating against non-Puerto Rican athletes on its face requires strict judicial review.
• Uzzell v. Friday
  547 F.2d 801· 4th Cir.· 1977-01-05 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that the University's funding of the Black Student Movement was moot due to policy changes, but its race-based selection criteria for the Campus Governing Council and Student Honor Court violated the Fourteenth Amendment and Civil Rights Acts.
• Ford v. Byrd
  544 F.2d 194· 5th Cir.· 1976-12-16 ·cited 16×
  The court held that claims for relief from confinement must proceed by habeas corpus, and prosecuting attorneys and state judges are immune from § 1983 suits.
• Kellerman v. Reubin Askew
  541 F.2d 1089· 5th Cir.· 1976-11-01 ·cited 16×
  The court held that summary judgment was improperly granted because the plaintiff's allegations were sufficient to raise genuine issues of material fact regarding the defendants' knowledge and acquiescence in constitutional deprivations.
• Kenil K. Goss v. Revlon
  548 F.2d 405· 2d Cir.· 1976-10-29 ·cited 16×
  The court held that while a § 1981 claim could relate back and be timely, denial of leave to amend was not an abuse of discretion due to the plaintiff's undue delay and ignorance of the law. The court remanded for a determination on the amendment motion.
• In re the Warden OF the Wis. State Prison v. Inspector John Zajackowski
  541 F.2d 177· 7th Cir.· 1976-09-03 ·cited 16×
  A state prisoner does not have a fundamental right to attend the trial of a civil action unrelated to his confinement, but the state's refusal to transport prisoners to federal court on the same basis as state court constitutes a denial of equal protection.
• Bulah (Oliver) Harley v. Oliver
  539 F.2d 1143· 8th Cir.· 1976-07-26 ·cited 16×
  The court held that a judge is immune from liability under 42 U.S.C. § 1983 unless acting in the clear absence of jurisdiction, and that private parties acting in private capacities are not subject to § 1983 claims.
• Catrone v. Mass. State Racing Comm'n
  535 F.2d 669· 1st Cir.· 1976-05-18 ·cited 16×
  The court held that the district court should have abstained from deciding the federal constitutional claims until state courts could resolve the unresolved state law question regarding the plaintiff's right to access the track.
• Sullivan v. Meade Indep. Sch. Dist. NO. 101
  530 F.2d 799· 8th Cir.· 1976-02-26 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that the school board members acted in good faith and did not violate the teacher's clearly established constitutional rights, thus they are not liable for damages. The court also affirmed the dismissal of the action due to the teacher's withdrawal of her reinstate
• Chestnut v. City OF Quincy
  513 F.2d 91· 5th Cir.· 1975-05-21 ·cited 16×·via 42 U.S.C. § 1983 Claim For Damages
  A police chief is not liable under 42 U.S.C. § 1983 for an officer's shooting if the chief had no knowledge of specific prior misconduct and no active control over the incident.
• Adkins v. The Duval Cnty. Sch. Bd.
  511 F.2d 690· 5th Cir.· 1975-04-21 ·cited 16×
  A Florida school board is not a "person" within the meaning of 42 U.S.C.A. § 1983, and therefore federal courts lack subject matter jurisdiction over claims brought solely against a school board under this statute.
• Allison "Pookie" Fortin v. Darlington Little League, Inc.
  514 F.2d 344· 1st Cir.· 1975-03-31 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that denying a girl the opportunity to play Little League baseball based on sex, despite significant state involvement with the league, violates the Equal Protection Clause of the Fourteenth Amendment, as the purported physical differences do not justify the exclus
• Black v. Brown
  513 F.2d 652· 7th Cir.· 1975-03-20 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The court held that the dismissal of the plaintiff's claims for monetary and declaratory relief regarding denial of procedural due process, denial of access to courts, and cruel and unusual punishment was improper.
• Parks v. Harden
  504 F.2d 861· 5th Cir.· 1974-12-02 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court held that the regulation allowing optional AFDC payments to expectant mothers was a valid exercise of agency discretion and did not mandate payments for unborn children.
• Amburgey v. Cassady
  507 F.2d 728· 6th Cir.· 1974-11-26 ·cited 16×
  The court held that the plaintiff waived her right to a jury trial, the district court did not abuse its discretion in refusing certain evidence, and the reasons for non-reemployment were constitutionally permissible.
• Manchester v. Orlyn C. Lewis
  507 F.2d 289· 6th Cir.· 1974-11-25 ·cited 16×
  A public school teacher denied tenure due to unsatisfactory performance, even if the school board disliked their speech, cannot maintain a § 1983 action for violation of First Amendment rights.
• Chrisman v. Sisters OF ST. Joseph OF Peace
  506 F.2d 308· 9th Cir.· 1974-11-21 ·cited 16×
  The court held that a private hospital receiving federal funds and subject to state regulation is not acting under color of state law when refusing to perform a sterilization procedure based on religious beliefs, and that the claim for equitable relief was moot after the patient
• Gardner v. Judge C. Luckey, Jr.
  500 F.2d 712· 5th Cir.· 1974-09-16 ·cited 16×
  The court held that the appellants lacked standing to bring a class action challenging the Florida Public Defender system due to a failure to establish a case or controversy.
• Bates v. Dause
  502 F.2d 865· 6th Cir.· 1974-09-12 ·cited 16×
  The court held that the principals' support for an illegal teacher strike did not constitute protected speech under the First Amendment, thus the federal claim lacked substance and pendent jurisdiction over state law claims was improper.
• Wright v. Ark. Activities Ass'n (AAA)
  501 F.2d 25· 8th Cir.· 1974-07-16 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that the Arkansas Activities Association's disciplinary ruling violated due process by imposing sanctions without fair notice of potential penalties for violating its regulations.
• Licia T. M. Cardinale v. Wash. Tech. Inst.
  500 F.2d 791· D.C. Cir.· 1974-06-25 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff's complaint sufficiently stated a claim arising under the Constitution to invoke the District Court's jurisdiction under 28 U.S.C. § 1331.
• Mickey Nowlin and Arlene Nowlin v. Prof'l Auto Sales, Inc.
  496 F.2d 16· 8th Cir.· 1974-04-25 ·cited 16×
  Self-help repossession of vehicles by private parties, authorized by state commercial codes, does not constitute state action for purposes of a 42 U.S.C. § 1983 claim.
• Holland v. Connors
  491 F.2d 539· 5th Cir.· 1974-03-22 ·cited 16×
  The court held that a pro se inmate's complaint alleging deprivation of constitutional rights, even if inartfully pleaded, is sufficient to withstand dismissal if it appears beyond doubt that the plaintiff can prove no set of facts entitling him to relief.
• DOE v. Lukhard
  493 F.2d 54· 4th Cir.· 1974-02-26 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  A single-judge district court has jurisdiction to decide a case on non-constitutional grounds, even if a three-judge court would normally be required, provided the constitutional claim is colorable and the non-constitutional grounds are dispositive.
• Akron Bd. OF Educ. & Conrad C. Ott v. State Bd. OF Educ. OF Ohio
  490 F.2d 1285· 6th Cir.· 1974-01-15 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that plaintiffs have standing to sue and should be permitted to amend their complaint to add parties and assert jurisdiction under 28 U.S.C. § 1331.
• Wilson v. Lincoln Redev. Corp.
  488 F.2d 339· 8th Cir.· 1973-11-09 ·cited 16×
  The court held that the tenant's complaint failed to factually plead a denial of administrative due process, even if a hearing was required.
• Christiana McSPADDEN v. Mullins
  456 F.2d 428· 8th Cir.· 1972-03-20 ·cited 16×
  The court held that the trial court erred in denying the motion to strike the affidavit and granting summary judgment because the affidavit contained inadmissible hearsay and controverted facts were not properly considered.
• Cooley v. The Bd. OF Educ. OF the Forrest City Sch. Dist.
  453 F.2d 282· 8th Cir.· 1972-01-06 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  A public school teacher's mid-term discharge without notice of reasons and an opportunity to be heard violates procedural due process, absent a significant countervailing state interest.
• Martin v. Pac. Nw. Bell Tel. Co.
  441 F.2d 1116· 9th Cir.· 1971-04-27 ·cited 16×
  The court held that a private corporation's regulated status as a public utility does not, by itself, make its employment decisions actionable under 42 U.S.C. § 1983.
• Honey v. Goodman
  432 F.2d 333· 6th Cir.· 1970-10-09 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The dissenting judge believes that § 1983 is not an exception to the prohibition in § 2283 against federal courts enjoining state proceedings.
• Beaumont v. Morgan
  427 F.2d 667· 1st Cir.· 1970-06-08 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The court held that the evidence was insufficient to support jury verdicts against the doctors, as they acted in good faith and in conformity with statutory procedures, and plaintiff failed to show deprivation of federally protected rights.
• Taylor v. Ky. State BAR Ass'n
  424 F.2d 478· 6th Cir.· 1970-03-26 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court properly dismissed the claim for a three-judge panel, but erred in not considering the claim for federal injunctive relief under 42 U.S.C. § 1983.
• Domineque Hakim Marcelle RAY v. Comm'r, Ala. Dep't OF Corr.
  915 F.3d 689· 11th Cir.· 2019-02-06 ·cited 15×·via Violation Of 42 U.S.C. § 1983
  The Eleventh Circuit held that the district court erred in denying a stay of execution, finding a substantial likelihood of success on the Establishment Clause claim and that other equitable factors favored the stay.
• Dist. Attorney's Off. for the Third Jud. Dist. v. Osborne
  9th Cir.· 2009-06-18 ·cited 15×
  The court held that Alaska failed to provide an effective procedure for vindicating the liberty interest in demonstrating innocence through DNA testing, thus violating the Due Process Clause.
• Burge v. Ferguson
  619 F. Supp. 2d 1225· M.D. Fla.· 2008-12-16 ·cited 15×·via Section 1983
  The court held that the complaint sufficiently alleged claims for malicious prosecution against Ferguson and a supervisory liability claim against Nieman, but failed to state claims for excessive force and conspiracy against Ferguson and Bowlin.
• Hollingsworth v. Brown
  788 So. 2d 1078· Fla. 1st DCA· 2001-06-05 ·cited 15×·via 42 U.S.C. § 1983 Action
  An inmate sued correctional officers for retaliatory conduct violating his First Amendment rights under 42 U.S.C. § 1983. The trial court dismissed for failure to exhaust administrative remedies. The court affirmed, holding that the Prison Litigation Reform Act requires exhaustio
• Brescher v. Pirez
  696 So. 2d 370· Fla. 4th DCA· 1997-01-15 ·cited 15×
  This civil rights case involves a 1984 shooting incident where plainclothes sheriffs deputies used deadly force against Miguel Pirez while attempting to arrest occupants of a van suspected in a burglary. The Fourth District Court of Appeal reversed the trial court's denial of sum
• Gooden v. Howard Cnty.
  954 F.2d 960· 4th Cir.· 1992-01-23 ·cited 15×
  The court held that the majority opinion improperly granted summary judgment by skewing summary judgment doctrine to favor the qualified immunity defense, failing to properly assess genuine issues of material fact.
• Willhauck v. Halpin
  953 F.2d 689· 1st Cir.· 1991-12-23 ·cited 15×
  The court affirmed the district court's dismissals and verdicts, finding no reversible error in the procedural history or the substantive rulings regarding the plaintiffs' civil rights claims.
• Temple Univ. v. White
  941 F.2d 201· 3d Cir.· 1991-07-30 ·cited 15×·via 42 U.S.C. § 1983 Action
  The court held that Pennsylvania's Medicaid payment rates were invalid because the state failed to make required findings on their reasonableness and adequacy, and affirmed the district court's injunctive relief.
• DEL Monte Dunes AT Monterey, Ltd. v. City OF Monterey
  920 F.2d 1496· 9th Cir.· 1990-12-12 ·cited 15×
  The court held that the regulatory takings claim is ripe for review because the property owners made substantial efforts to comply with the City's conditions, and further applications would be futile due to the City's arbitrary and contradictory actions.
• Harris v. Cnty. OF Riverside
  904 F.2d 497· 9th Cir.· 1990-05-30 ·cited 15×
  The court held that the County's rezoning of Harris' property without individual notice violated his procedural due process rights, rendering the rezoning invalid.
• Labib Ismail v. Cohen
  899 F.2d 183· 2d Cir.· 1990-03-27 ·cited 15×
  The court held that the first jury's damage award was fair and reasonable, reversing the district court's remittitur and reinstating the original verdict. It also affirmed the district court's rulings on jurisdiction and evidence.
• Rabb Ra Chaka v. Lane
  894 F.2d 923· 7th Cir.· 1990-02-01 ·cited 15×
  A notice of appeal is not fatally defective for misidentifying the judgment appealed from if the correct judgment can be identified and the misidentification does not prejudice the appellee.
• Schall v. Joyce
  885 F.2d 101· 3d Cir.· 1989-09-15 ·cited 15×
  A district court's stay order, which effectively surrenders jurisdiction to a state court to litigate essential parts of a federal suit, is immediately appealable under 28 U.S.C. § 1291. Furthermore, abstention under Younger v. Harris is appropriate when state proceedings are jud
• Lafayette Brown, Jr. v. Ga. Dep't OF Revenue
  881 F.2d 1018· 11th Cir.· 1989-08-24 ·cited 15×
  The court held that the employee's claim that he was denied a right to notice of his appellate rights was deficient because he had actual notice of the rules and the due process clause does not require a state to advise an employee of appellate rights in a termination letter.
• Wehunt v. Ledbetter
  875 F.2d 1558· 11th Cir.· 1989-06-27 ·cited 15×
  The court held that Title IV-D of the Social Security Act does not create an enforceable right for AFDC recipients to sue the state under 42 U.S.C. § 1983, and that the plaintiff lacked Article III standing to sue the Secretary for failure to enforce the Act.