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

• Robert M. v. Benton
  622 F.2d 370· 8th Cir.· 1980-05-23 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court held that it lacked clear jurisdiction under 28 U.S.C. § 1291 because the district court's order was not a final judgment, but might have jurisdiction under 28 U.S.C. § 1292(a)(1) if the order is construed as an injunction.
• Davis v. Williams
  617 F.2d 1100· 5th Cir.· 1980-05-19 ·cited 12×
  The court held that a municipal ordinance prohibiting conduct "prejudicial to good order" was facially overbroad and vague, violating the First Amendment rights of municipal employees.
• Vasquez v. Patrolman Robert Fleming
  617 F.2d 334· 3d Cir.· 1980-02-13 ·cited 12×·via § 1983 Suit
  The Federal Rules of Appellate Procedure, not the Virgin Islands Code, apply to appeals from the Virgin Islands district courts, meaning attorney fees are not automatically recoverable as costs under local law.
• E & E Hauling, Inc. v. Forest Preserve Dist. OF DU Page Cnty.
  613 F.2d 675· 7th Cir.· 1980-01-22 ·cited 12×
  A party states a federal claim under the Contract Clause when a state or its subdivision enacts a law that impairs contractual obligations by preventing the non-breaching party from obtaining a remedy for breach.
• Lindsey v. Bd. OF Regents OF the Univ. Sys. OF Ga.
  607 F.2d 672· 5th Cir.· 1979-11-28 ·cited 12×
  The court held that the university's nonrenewal of a professor's contract solely due to his distribution of a faculty questionnaire constituted a violation of his First Amendment rights.
• Berman v. Fla. Med. Ctr., Inc.
  600 F.2d 466· 5th Cir.· 1979-08-06 ·cited 12×
  The court held that the hospital's requirement for an AMA-approved residency is reasonable and does not constitute state action or a conspiracy against osteopathic physicians.
• Housand v. Maxwell Heiman
  594 F.2d 923· 2d Cir.· 1979-03-20 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court held that while the plaintiff's constitutional claims were properly dismissed for lack of state action or bias, the case should be remanded to allow the plaintiff to amend his complaint to assert diversity jurisdiction.
• Brogan v. Wiggins Sch. Dist. and/or Bd. of Educ.
  588 F.2d 409· 10th Cir.· 1978-12-13 ·cited 12×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the trial court properly granted summary judgment because the plaintiff failed to establish a prima facie case of discrimination and did not meet the qualifications for the certificate, and claims were barred by the statute of limitations or failure to exhaust
• Arthur v. Graseck, Jr.
  582 F.2d 203· 2d Cir.· 1978-08-07 ·cited 12×
  The court held that the discharge of an attorney by a private Legal Aid Society, even with some judicial criticism and interaction, does not constitute state action under 42 U.S.C. § 1983.
• Bolding v. Austin
  575 F.2d 461· 4th Cir.· 1978-04-26 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the complaint, which sought to have the federal district court assume supervision of the entire state prison system, failed to state a claim upon which relief could be granted and should have been dismissed.
• Leonard v. The City OF Columbus
  565 F.2d 957· 5th Cir.· 1977-10-26 ·cited 12×
• Prentice Robinson, Jr. v. Richardson
  556 F.2d 332· 5th Cir.· 1977-07-25 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court held that a state prisoner challenging his conviction based on discriminatory jury selection must first exhaust state remedies via a habeas corpus action, as this claim goes to the validity of the conviction itself.
• Bellows v. Dainack
  555 F.2d 1105· 2d Cir.· 1977-05-16 ·cited 12×
  The court held that the trial court erred in allowing the plaintiff's counsel to improperly expand the issues and prejudice the jury, necessitating a new trial.
• Butler v. Frederick Hugh Hamilton as Dir. of the Black Educ. Program at the Univ. of Colo.
  542 F.2d 835· 10th Cir.· 1976-10-19 ·cited 12×
  The court held that the trial court's finding that the press conference was not the motivating cause of the appellants' dismissal was not clearly erroneous.
• Stadium Films, Inc. v. Baillargeon
  542 F.2d 577· 1st Cir.· 1976-09-23 ·cited 12×·via 42 U.S.C. § 1983 Claim For Damages
  Police officers are not liable for damages for negligent errors of law in seeking or executing search warrants, and plaintiffs failed to prove officers actually knew of constitutional defects.
• Greene v. City OF Memphis
  535 F.2d 976· 6th Cir.· 1976-05-13 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in dismissing the complaint for failure to state a claim under 42 U.S.C. § 1982 and § 1983.
• Golden v. Biscayne BAY Yacht Club
  530 F.2d 16· 5th Cir.· 1976-04-15 ·cited 12×
  The court held that a lease of bay bottom land to a private yacht club, without more, does not constitute sufficient state involvement to activate the Fourteenth Amendment and § 1983 regarding the club's membership policies.
• Lawrence I. Weisman on his own behalf v. LeLANDAIS
  532 F.2d 308· 2d Cir.· 1976-03-22 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court's dismissal orders were final decisions and that the complaints sufficiently stated claims for relief under the Civil Rights Act and diversity jurisdiction, thus the dismissal was premature.
• Kirkland v. The NEW York State Dep't OF Corr. Servs.
  531 F.2d 5· 2d Cir.· 1975-12-10 ·cited 12×·via Section 1983
  The court should have granted an en banc hearing to clarify the circuit's law on racial quotas as remedies for past discrimination, as such quotas are permissible to correct discriminatory effects.
• Jones v. The Pitt Cnty. Bd. OF Educ.
  528 F.2d 414· 4th Cir.· 1975-11-19 ·cited 12×·via 42 U.S.C. § 1983 Claim For Denial Of Due Process
  The appellate court affirmed the district court's finding that the plaintiff's non-retention was based on professional incompetence, not racial discrimination, and that the district court's factual findings were not clearly erroneous.
• Quinton David Palmer v. Hall
  517 F.2d 705· 5th Cir.· 1975-08-15 ·cited 12×
  The court held that while the officer's shooting of the plaintiff was actionable under 42 U.S.C. § 1983, the Mayor was not liable because his statements did not proximately cause the shooting.
• Brown v. D. C. Transit Sys., Inc.
  523 F.2d 725· D.C. Cir.· 1975-02-28 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  A private employer's grooming regulation, applied equally to all employees regardless of race or sex, does not constitute "state action" and therefore does not violate the Fifth Amendment's due process clause.
• Phillips v. Money
  503 F.2d 990· 7th Cir.· 1974-09-13 ·cited 12×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  Detention of a vehicle by a private mechanic pursuant to a common law or statutory lien does not constitute state action under the Fourteenth Amendment, and therefore cannot form the basis for a claim under 42 U.S.C. § 1983.
• Goff v. Jones
  500 F.2d 395· 5th Cir.· 1974-09-12 ·cited 12×·via 42 U.S.C. § 1983 Claim For Denial Of Access To Courts
  A pro se prisoner's complaint alleging denial of access to legal research materials states a claim for relief, even if counsel was appointed.
• Warth v. Ira Seldin
  495 F.2d 1187· 2d Cir.· 1974-04-18 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court held that the appellants lacked standing to challenge the Town of Penfield's zoning laws because they failed to allege a sufficient personal stake or concrete injury in fact.
• Bracey v. Grenoble
  494 F.2d 566· 3d Cir.· 1974-03-18 ·cited 12×
  The court held that the district court's reliance on unadmitted interrogatory answers was impermissible, and thus, judgment for the defendant was not warranted.
• AD HOC Comm. ON Jud. Admin. v. Commonwealth OF Mass.
  488 F.2d 1241· 1st Cir.· 1973-12-20 ·cited 12×
  The court held that the complaint failed to state a justiciable cause of action because the federal judiciary cannot constitutionally order the restructuring and funding of an entire state court system.
• Stewart v. Pearce
  484 F.2d 1031· 9th Cir.· 1973-09-17 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court held that an order for a psychiatric examination of a college instructor, stemming from his protest activities, was constitutionally invalid without prior notice and a hearing, thus violating his due process rights.
• Educ. Equal. League v. Honorable James H. J. Tate
  472 F.2d 612· 3d Cir.· 1973-01-11 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in dismissing the class action, finding that the plaintiffs established a prima facie case of racial discrimination in the appointment of the Educational Nominating Panel.
• Culp v. Martin
  471 F.2d 814· 5th Cir.· 1973-01-10 ·cited 12×
  The court held that while claims for injunctive relief regarding jail conditions were moot due to the prisoners' return, their claims for damages and return of property remained viable.
• Krause v. Rhodes
  471 F.2d 430· 6th Cir.· 1972-11-17 ·cited 12×
  The court held that the pleadings were contrived and failed to disclose valid causes of action under Section 1983, attempting to avoid dismissal by omitting crucial background facts.
• Hayes v. Sec'y of Dep't of Pub. Safety
  455 F.2d 798· 4th Cir.· 1972-01-25 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court held that a pro se plaintiff's allegations, when liberally construed, stated a cause of action under 42 U.S.C.A. § 1983, and the district court erred in dismissing the complaint as frivolous.
• Yumich v. Cotter
  452 F.2d 59· 7th Cir.· 1971-10-13 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Claim
  The dissenting judge would affirm the lower court's judgment, disagreeing with the majority's reversal.
• Stewart v. Dameron
  448 F.2d 396· 5th Cir.· 1971-09-16 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in placing the burden of proof on the defendants regarding the good faith of the prosecution.
• Waddy v. Davis
  445 F.2d 1· 5th Cir.· 1971-06-28 ·cited 12×
  The court held that relief from the effects of a criminal conviction cannot be granted through collateral attacks on those effects; the conviction itself must be challenged.
• Williams v. Allen
  439 F.2d 1398· 5th Cir.· 1971-03-18 ·cited 12×
  The court held that the existence of valid reasons for dismissal does not automatically preclude a claim that the actual motive for discharge was unconstitutional retaliation for reporting federal crimes.
• Rodriguez v. McGINNIS
  451 F.2d 730· 2d Cir.· 1971-03-16 ·cited 12×
  The court held that the prisoner had not exhausted state remedies and that the federal court should not interfere with internal state prison administration absent extreme circumstances.
• Tomacita Negron v. Wallace
  436 F.2d 1139· 2d Cir.· 1971-01-04 ·cited 12×
  The court held that while detained juveniles have a constitutional right to consult privately with counsel and access a telephone, the district court erred in granting an injunction where the state did not concede infringement and the plaintiff's claims were based on hearsay and
• Flint v. Louie L. Wainwright
  433 F.2d 961· 5th Cir.· 1970-10-29 ·cited 12×·via 42 U.S.C. § 1983 Claim For Cruel And Unusual Punishment
  Federal courts will not interfere with state prison administration regarding medical care unless there is an abuse of discretion.
• Jewel A. Houp v. The State OF Neb.
  427 F.2d 254· 8th Cir.· 1970-06-08 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a retrial after a mistrial declared due to manifest necessity, or when the defendant requests a new trial, does not violate the Double Jeopardy Clause.
• Martone v. McKEITHEN
  413 F.2d 1373· 5th Cir.· 1969-07-11 ·cited 12×·via 42 U.S.C. § 1983 Liability
  Public officials are immune from damage suits for acts within the scope of their official duties, but the case is remanded regarding injunctive relief due to potential constitutional issues with the investigating commission.
• Joyce v. Ferrazzi
  323 F.2d 931· 1st Cir.· 1963-10-30 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to establish claims under 42 U.S.C. § 1983 and § 1985(3) against the defendants.
• TWO Guys From Harrison-Allentown, Inc. v. McGINLEY
  266 F.2d 427· 3d Cir.· 1959-03-25 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court held that the district judge who vacated the temporary restraining order and dismissed the complaint lacked jurisdiction to do so, as the case required a three-judge court.
• Sheets v. Jimenez
  415 F. Supp. 3d 1115· M.D. Fla.· 2025-08-06 ·cited 11×
  The court recommended denying defendants' motion for attorney's fees, finding the plaintiff's § 1983 claims, while ultimately unsuccessful, were not frivolous or groundless.
• Dudley Teel v. Deputy Sheriff Jonathan Lozada
  99 F.4th 1273· 11th Cir.· 2024-04-18 ·cited 11×·via 42 U.S.C. § 1983 (Excessive Force)
  The Eleventh Circuit affirmed the district court's rulings, finding no reversible error in the jury instructions, evidentiary rulings, or the grant of summary judgment on the Monell claim.
• Bowles v. Desantis
  934 F.3d 1230· 11th Cir.· 2019-08-19 ·cited 11×
  Death row inmate Gary Ray Bowles challenged Florida's denial of his request to have federally appointed habeas counsel represent him in state clemency proceedings, arguing that 18 U.S.C. § 3599 created an enforceable federal right to such representation under 42 U.S.C. § 1983. Th
• Sears v. Forbes/Cohen Fla. Props., L.P.
  223 So. 3d 292· Fla. 4th DCA· 2017-07-12 ·cited 11×·via 42 U.S.C. § 1983 Action
  Sears sought declaratory relief challenging a City resolution requiring both the landlord (Forbes/Cohen) and the City to approve any subdivision of anchor tenant space, claiming it unconstitutionally impaired Sears's contract rights and violated substantive due process. The court
• Zivojinovich v. Ritz Carlton Hotel Co., LLC
  445 F. Supp. 2d 1337· M.D. Fla.· 2006-08-01 ·cited 11×·via 42 U.S.C. § 1983 Violations
  The court held that plaintiffs lacked standing for their loss of business revenue claim and dismissed it, but denied motions to dismiss most other federal and state law claims, including a counterclaim for battery.
• Martinez v. Bush
  234 F. Supp. 2d 1275· S.D. Fla.· 2002-12-03 ·cited 11×
  The court held that plaintiffs failed to establish claims of racial discrimination in the redistricting process, vote dilution under the Voting Rights Act, or political gerrymandering.
• Stachel v. City of Cape Canaveral
  51 F. Supp. 2d 1326· M.D. Fla.· 1999-06-22 ·cited 11×·via 42 U.S.C. § 1983 Violations
  The court held that defendants were entitled to qualified immunity on the § 1983 claims due to arguable probable cause for the arrest and minimal force used, and dismissed state law claims for lack of jurisdiction.