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

• Johnson v. Granholm
  662 F.2d 449· 6th Cir.· 1981-11-06 ·cited 10×·via 42 U.S.C. § 1983 Claim For Damages
  Public officials performing quasi-judicial duties and prosecutors are immune from damages under 42 U.S.C. § 1983 for actions within their official scope. A municipal body is not liable for employee actions absent a policy or custom.
• Cleophus Feemster v. Dehntjer
  661 F.2d 87· 8th Cir.· 1981-10-07 ·cited 10×
  The court held that the trial court erred in giving jury instructions on defenses that applied to claims the plaintiff had abandoned during trial.
• Muir v. Ala. Educ. Television Comm'n
  656 F.2d 1012· 5th Cir.· 1981-09-21 ·cited 10×
  The dissent argues that a public broadcaster's cancellation of a program based on its content, without following procedural safeguards, constitutes unconstitutional censorship.
• Weaver v. Wilcox
  650 F.2d 22· 3d Cir.· 1981-05-29 ·cited 10×
  The court held that a pro se prisoner's complaint alleging constitutional violations at a state facility, if properly construed as a claim under 42 U.S.C. § 1983, is not subject to the exhaustion of state remedies doctrine.
• Trujillo v. The State OF Colo.
  649 F.2d 823· 10th Cir.· 1981-05-28 ·cited 10×·via 42 U.S.C. § 1983 Action
  Accepting benefits from a conciliation agreement may waive the right to sue on all claims, but this waiver is only effective if the acceptance was voluntary and knowing.
• MacKo v. Bryon
  641 F.2d 447· 6th Cir.· 1981-02-19 ·cited 10×
  The court held that prosecutorial immunity applies to prosecutors acting within their official duties and that a claim under 42 U.S.C. § 1985(3) requires an allegation of class-based discriminatory animus.
• Rendell-Baker v. Kohn
  641 F.2d 14· 1st Cir.· 1981-02-12 ·cited 10×
  The court held that the New Perspectives School's actions in discharging staff were not taken "under color of state law" because the school, despite significant state funding and regulation, maintained sufficient independence in its personnel decisions.
• Delcambre v. Delcambre
  635 F.2d 407· 5th Cir.· 1981-01-26 ·cited 10×·via 42 U.S.C. § 1983 Liability
  The court affirmed the dismissal of the civil rights action, finding no merit to the claims against the police chief, the town, or the insurance company.
• Aurora O'Neal as Administratrix of Estate of Tyrone O'Neal v. Brinton Esty
  637 F.2d 846· 2d Cir.· 1980-12-23 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in excluding testimony regarding an alleged admission by one of the defendant officers that they "beat up" the plaintiff's deceased husband, as this evidence was crucial to the brutality claim.
• Peterson v. Sheran
  635 F.2d 1335· 8th Cir.· 1980-12-05 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that federal courts have jurisdiction over constitutional claims arising from state judicial proceedings, but in this case, the appellant's claims were not ripe for review because he failed to present them fully to the state court, and the district court properly a
• Gallagher v. Frye
  631 F.2d 127· 9th Cir.· 1980-10-23 ·cited 10×
  The court held that a plaintiff's federal civil rights claims are not barred by res judicata if they assert a different wrong and seek relief beyond that sought in a prior state court action to enforce an administrative order.
• Pilkington v. Bevilacqua
  632 F.2d 922· 1st Cir.· 1980-10-23 ·cited 10×
  The court held that while the district court has discretion in awarding attorney's fees, a heightened standard of scrutiny is required when awarding fees to a former law clerk to avoid the appearance of impropriety.
• Ridley v. Leavitt
  631 F.2d 358· 4th Cir.· 1980-10-17 ·cited 10×·via 42 U.S.C. § 1983 Action
  A pretrial detainee's claim of excessive force is not barred by res judicata or collateral estoppel, even if the detainee was convicted of assaulting jailers.
• Art Hayward, Jr. v. Procunier
  629 F.2d 599· 9th Cir.· 1980-10-03 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  State prisoners' constitutional rights to procedural due process and freedom from cruel and unusual punishment were not violated by a five-month prison lockdown imposed due to gang violence and killings.
• Ark. State Hwy. Emps. Local 1315 v. Kell
  628 F.2d 1099· 8th Cir.· 1980-08-26 ·cited 10×
  The court held that a public employer's discontinuation of payroll deductions for union dues, even if motivated by anti-union animus or impairing union effectiveness, does not violate the First Amendment or the Equal Protection Clause if it is rationally related to a legitimate s
• Davis v. The United States Dep't OF Hous. & Urban Dev.
  627 F.2d 942· 9th Cir.· 1980-08-25 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the complaint stated grounds for relief against HUD and Pomona officials, reversing the dismissal of claims against them and remanding for further proceedings.
• Kirksey v. City OF Jackson
  625 F.2d 21· 5th Cir.· 1980-08-13 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The court vacated the district court's judgment and remanded the case for reconsideration in light of a new Supreme Court opinion that casts doubt on the validity of the legal principles used in the original fact-finding.
• FOX v. Parker
  626 F.2d 351· 4th Cir.· 1980-07-23 ·cited 10×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the Civil Rights Attorney’s Fees Awards Act of 1976 applies to cases pending on its effective date, but fees cannot be awarded for services related to a voluntarily dismissed appeal because the party was not the "prevailing party" for that portion.
• Smith v. Price
  616 F.2d 1371· 5th Cir.· 1980-05-16 ·cited 10×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court's holding, as assumed by the panel, was that the Constitution guarantees the right to commit adultery, which the concurring judge believes is erroneous.
• Ginter v. State BAR OF Nev.
  625 F.2d 829· 9th Cir.· 1980-04-29 ·cited 10×
  The State Bar Association, as an arm of the state, is immune from suit under the Eleventh Amendment, but the dismissal of the complaint against the attorneys was not an appealable order.
• Harless v. Duck
  619 F.2d 611· 6th Cir.· 1980-04-23 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in denying relief, finding that the City of Toledo's discriminatory employment practices continued after Title VII applied and that the 1972 examination was not job-related.
• Septum, Inc. v. Keller
  614 F.2d 456· 5th Cir.· 1980-03-24 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The court held that by cooperating with the prosecuting attorney, the defendant brought itself within the Younger abstention window, allowing for federal court intervention.
• Lokey v. Richardson
  600 F.2d 1265· 9th Cir.· 1979-07-11 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the appellant's claim for damages was not mooted by his return to minimum custody and that the issue of qualified immunity required further factual development.
• Mitchell v. Bd. of Trs. of Pickens Cnty. Sch. Dist. a
  599 F.2d 582· 4th Cir.· 1979-05-25 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  A school board's policy requiring pregnant teachers to report their pregnancy and using that disclosure as the sole basis for non-renewal of their contract violates Title VII's prohibition against sex discrimination.
• Downes v. Beach
  587 F.2d 469· 10th Cir.· 1978-11-30 ·cited 10×
  The court held that the trial court did not err in granting summary judgment because the plaintiff failed to demonstrate a genuine issue of material fact regarding her First Amendment claim, despite the existence of a prior trial record.
• Ball v. Bd. OF Trs. OF the Kerrville Indep. Sch. Dist.
  584 F.2d 684· 5th Cir.· 1978-11-20 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the appellant's claim of a liberty interest violation was insubstantial and frivolous, thus the district court did not err in dismissing the suit.
• Smallwood v. Mo. Bd. of Prob. & Parole
  587 F.2d 369· 8th Cir.· 1978-11-03 ·cited 10×
  The court held that claims seeking release or sentence reduction must be brought as habeas corpus petitions, requiring exhaustion of state remedies, and cannot be brought under 42 U.S.C. § 1983.
• Secret v. Brierton
  584 F.2d 823· 7th Cir.· 1978-10-13 ·cited 10×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  Prisoners must exhaust available internal prison grievance procedures before filing a § 1983 claim for deprivation of tangible personal property of no great monetary value.
• McELWEE v. Todd
  581 F.2d 1182· 5th Cir.· 1978-10-11 ·cited 10×
  A nontenured public employee dismissed for possessing marijuana, even if entrapped, does not have a protected property or liberty interest requiring a pre-termination hearing under the Fourteenth Amendment.
• Hurley v. Ward
  584 F.2d 609· 2d Cir.· 1978-10-06 ·cited 10×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction prohibiting anal and genital searches without probable cause for the specific inmate who brought the action, but did abuse its discretion in granting such relief for all inmat
• Div. 580, Amalgamated Transit Union, AFL-CIO v. Cent. NEW York Reg'l Transp. Auth.
  578 F.2d 29· 2d Cir.· 1978-06-07 ·cited 10×
  The court held that the appeal is moot because the parties have settled their dispute, and therefore, the case should be dismissed.
• Lister v. Lucey
  575 F.2d 1325· 7th Cir.· 1978-05-04 ·cited 10×
  The court held that abstention was no longer appropriate and the district court should hear the merits of the damage claims, as the plaintiffs' pursuit of state non-judicial remedies was unduly burdensome and inconsistent with federal policy.
• Kelsey v. Fitzgerald
  574 F.2d 443· 8th Cir.· 1978-04-20 ·cited 10×
  A state judge is immune from damages liability under 42 U.S.C. § 1983 for actions taken in his judicial capacity, and a claim for injunctive relief based on the denial of post-conviction relief fails if the state law does not guarantee unlimited such relief.
• Romie Vetters, Jr. v. Berry
  575 F.2d 90· 6th Cir.· 1978-04-14 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The jury's verdicts finding defendants violated plaintiff's civil rights and awarding compensatory and punitive damages are supported by substantial evidence.
• Montano v. Lefkowitz
  575 F.2d 378· 2d Cir.· 1978-04-06 ·cited 10×
  The court held that including nominators for a congressional district who were elected to represent constituencies outside that district violates the principle of equal representation in elections for the House of Representatives.
• Lamb v. Talbot Rantoul
  561 F.2d 409· 1st Cir.· 1977-08-24 ·cited 10×
  The court held that the Rhode Island School of Design's actions were not attributable to the state, thus not constituting state action for the purposes of a § 1983 claim.
• Ike Bailey v. McCANN
  550 F.2d 1016· 5th Cir.· 1977-04-14 ·cited 10×
  The denial of a harness trainer-driver's license by a private association, even if relied upon by the state for its own licensing, does not constitute "state action" sufficient to support a § 1983 claim against the association.
• Haggy v. Warden Herman Solem
  547 F.2d 1363· 8th Cir.· 1977-01-18 ·cited 10×
  The court held that the pro se complaint should not have been dismissed as frivolous before responsive pleadings, and leave to proceed in forma pauperis should be granted.
• Wilson v. Zarhadnick
  534 F.2d 55· 5th Cir.· 1976-06-28 ·cited 10×
  A district court cannot grant class action injunctive relief on an individual complaint when class relief is not sought and no basis for it is established. A non-indigent inmate is not constitutionally entitled to state-provided legal research materials.
• Sanders v. McCRADY
  537 F.2d 1199· 4th Cir.· 1976-05-24 ·cited 10×·via 42 U.S.C. § 1983 Action
  A claimant must exhaust federal administrative remedies before seeking judicial review, even if the claim involves a state officer and seeks damages not available administratively.
• Burns v. City OF DES Peres
  534 F.2d 103· 8th Cir.· 1976-04-14 ·cited 10×
  The court held that the district court properly granted judgment notwithstanding the verdict because the plaintiff failed to prove that the defendants' denial of his rezoning request was arbitrary, unreasonable, or discriminatory, and thus did not violate his constitutional right
• Wardwell v. The Bd. OF Educ. OF the City Sch. Dist. OF the City OF Cincinnati
  529 F.2d 625· 6th Cir.· 1976-02-11 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  A continuing employee residency requirement for teachers, affecting at most intrastate travel, is constitutional if it meets the rational basis test.
• Shaw v. Dolph Briscoe
  526 F.2d 675· 5th Cir.· 1976-02-02 ·cited 10×
  A prisoner's § 1983 action challenging conditions of confinement is not barred by the habeas corpus requirement, even if it includes a prayer for relief that might indirectly affect release.
• Carter v. Noble
  526 F.2d 677· 5th Cir.· 1976-01-28 ·cited 10×
  The court held that the jailer's actions constituted a violation of the prisoner's constitutional rights under 42 U.S.C. § 1983, and that the prisoner was entitled to attorneys' fees due to the jailer's bad faith in defending the action.
• Masia A. Mukmuk v. Comm'r OF the Dep't OF Corr. Servs.
  529 F.2d 272· 2d Cir.· 1976-01-13 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff alleged triable issues of fact regarding constitutional violations, thus defeating summary judgment, but affirmed the denial of leave to file a further amended complaint.
• Colton v. Swain
  527 F.2d 296· 7th Cir.· 1975-12-17 ·cited 10×·via 42 U.S.C. § 1983 Action
  A liability insurer's refusal to defend its insured, even with a no-action clause, estops the insurer from asserting that clause to bar a third-party action to determine coverage before a judgment against the insured. Furthermore, a § 1983 claim can be covered by a policy if its
• Robert Hoffman and wife v. United States Dep't OF Hous. & Urban Dev.
  519 F.2d 1160· 5th Cir.· 1975-09-29 ·cited 10×
  The court held that a three-judge court was not required and that the plaintiffs failed to state a claim upon which relief could be granted.
• Shields v. Hopper
  519 F.2d 1131· 5th Cir.· 1975-09-24 ·cited 10×
  The court held that a state prisoner's complaint alleging violations of state law and federal constitutional rights was properly dismissed for failing to raise a substantial federal question.
• Shack v. Southworth
  521 F.2d 51· 6th Cir.· 1975-07-28 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The court should have considered the employer's asserted justification for not hiring the applicant in rebuttal of the prima facie case.
• Zeller v. Donegal Sch. Dist. Bd. of Educ.
  517 F.2d 600· 3d Cir.· 1975-05-14 ·cited 10×
  A school official is immune from liability for compensatory damages in civil rights suits unless they knew or should have known their action violated constitutional rights, or acted with malicious intent.