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

• Jobson v. Henne
  355 F.2d 129· 2d Cir.· 1966-01-05 ·cited 69×·via Violation Of 42 U.S.C. § 1983
  The court held that state officials acting within their discretion in treating mental defectives are immune from suit under 42 U.S.C. § 1983.
• Cambridge Christian Sch., Inc. v. Fla. High Sch. Athletic Ass'n, Inc.
  942 F.3d 1215· 11th Cir.· 2019-11-13 ·cited 68×
  Cambridge Christian School sought to lead pre-game prayer over the loudspeaker at a state championship football game organized by the Florida High School Athletic Association, but the FHSAA denied the request based on Establishment Clause concerns. The Eleventh Circuit reversed t
• Benson v. Cady
  761 F.2d 335· 7th Cir.· 1985-04-18 ·cited 68×·via Section 1983
  The court held that the allegations, read as a whole, do not state a claim of reckless disregard for serious medical needs satisfying the 'deliberate indifference' standard.
• Hagerty v. Succession OF Laura McCloskey Clement
  749 F.2d 217· 5th Cir.· 1984-12-17 ·cited 68×·via 42 U.S.C. § 1983 Action
  The federal district court correctly dismissed the section 1983 action for lack of subject matter jurisdiction and failure to state a claim, and the appeal is frivolous, warranting double costs and attorney's fees.
• Josiah L. Hoohuli v. Ariyoshi
  741 F.2d 1169· 9th Cir.· 1984-08-30 ·cited 68×
  The Eleventh Amendment does not bar injunctive relief against state officials for alleged Fourteenth Amendment violations, but claims for repayment to the state are barred by lack of standing. State officials are not protected by qualified immunity from suits seeking injunctions
• Ybarra v. Reno Thunderbird Mobile Home Vill.
  723 F.2d 675· 9th Cir.· 1984-01-10 ·cited 68×·via 42 U.S.C. § 1983 Claim For Damages
  A prosecutor is absolutely immune from damages liability under 42 U.S.C. § 1983 for authorizing the release of evidence, as this is considered a quasi-judicial act within the scope of their authority. A supervisor cannot be held liable for a subordinate's constitutional deprivati
• Parks v. Watson
  716 F.2d 646· 9th Cir.· 1983-09-22 ·cited 68×
  The court held that conditioning a street vacation on the dedication of unrelated geothermal wells without just compensation violates the Fifth Amendment's unconstitutional conditions doctrine and the Equal Protection Clause. However, the court reversed and remanded the procedura
• Hughes v. Whitmer
  714 F.2d 1407· 8th Cir.· 1983-08-04 ·cited 68×·via Violation Of 42 U.S.C. § 1983
  The court held that the majority's factual findings regarding the motivation for Hughes' transfer were not supported by the record and that Hughes' First Amendment claim was not frivolous.
• Knights OF THE KU Klux Klan Realm OF Louisiana v. E. Baton Rouge Parish Sch. Bd.
  679 F.2d 64· 5th Cir.· 1982-06-25 ·cited 68×·via 42 U.S.C. § 1983 Action
  The court held that the Equal Access to Justice Act (EAJA) may apply to cases pending on appeal when the Act became effective, and remanded the case for the district court to determine eligibility for fees.
• Martinez v. Aaron
  570 F.2d 317· 10th Cir.· 1978-01-23 ·cited 68×
  The court held that the trial court properly dismissed the inmates' § 1983 complaint as frivolous, approving the procedure of requiring the prison administration to develop a factual record before judicial review.
• Bland v. McHANN
  463 F.2d 21· 5th Cir.· 1972-06-29 ·cited 68×·via Violation Of 42 U.S.C. § 1983
• Jones v. Metzger
  456 F.2d 854· 6th Cir.· 1972-03-14 ·cited 68×
  The court held that the district court properly assumed jurisdiction and did not abuse its discretion in ordering remedial actions for unconstitutional jail conditions.
• Richards v. Thurston
  424 F.2d 1281· 1st Cir.· 1970-04-28 ·cited 68×·via Violation Of 42 U.S.C. § 1983
  A public high school student's right to wear his hair at any length is a personal liberty protected by the Due Process Clause of the Fourteenth Amendment, and the school must demonstrate a legitimate state interest to justify an intrusion.
• Jackson v. Godwin
  400 F.2d 529· 5th Cir.· 1968-07-23 ·cited 68×·via Violation Of 42 U.S.C. § 1983
• Popham v. City OF Talladega
  908 F.2d 1561· 11th Cir.· 1990-08-20 ·cited 67×·via 42 U.S.C. § 1983 Action
  The court held that the facts presented did not rise to the level of deliberate indifference required for a constitutional violation under 42 U.S.C. § 1983, and affirmed the grant of summary judgment.
• Carson v. Officer Polley
  689 F.2d 562· 5th Cir.· 1982-10-18 ·cited 67×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in excluding departmental performance reports for Deputy Sheriff Holley (relevant to intent) and Deputy Sheriff Ellis (relevant for impeachment), requiring a new trial.
• Fernandez v. Chardon
  681 F.2d 42· 1st Cir.· 1982-06-08 ·cited 67×
  A class action tolls the Puerto Rican statute of limitations during its pendency for all purported class members, and when class certification is denied for lack of numerosity, the limitations period begins to run anew. The Supreme Court's decision in Delaware State College v. Ri
• Mauro Ramirez v. Sloss
  615 F.2d 163· 5th Cir.· 1980-04-07 ·cited 67×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court's factual findings were clearly erroneous and that the appellant established a prima facie case of employment discrimination under 42 U.S.C. §§ 1981 and 1983, which the city failed to rebut.
• Ballard v. Sheriff Spradley
  557 F.2d 476· 5th Cir.· 1977-08-12 ·cited 67×·via 42 U.S.C. § 1983 Action
  The court held that appellate jurisdiction exists to review the district court's order and that the U.S. Marshals Service is required to transport state prisoners for testimony in federal court.
• Meadows v. Lon Evans
  550 F.2d 345· 5th Cir.· 1977-04-08 ·cited 67×
  The court held that a federal civil rights action for damages under 42 U.S.C. § 1983 cannot be used to relitigate the voluntariness of a guilty plea that has already been affirmed on direct appeal and denied on collateral attack in state court. The exhaustion requirement of 28 U.
• Dominque v. Telb
  831 F.2d 673· 6th Cir.· 1987-10-23 ·cited 66×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court erred in placing the burden on the defendant to prove entitlement to qualified immunity and in treating the legal question of whether the law was clearly established as a material issue of fact.
• Gavalik v. Cont'l CAN Co.
  812 F.2d 834· 3d Cir.· 1987-02-19 ·cited 66×
  The court held that the district court misallocated the burdens of proof regarding mixed-motive employment decisions under ERISA § 510 and that the applicable statute of limitations is six years, not six months.
• Marie Ellsworth & Paul Ellsworth v. City OF Racine
  774 F.2d 182· 7th Cir.· 1985-09-23 ·cited 66×
  The plaintiff's admission that she told the officer it was unnecessary for him to stay precludes recovery on her Section 1983 claim.
• Gumz v. Morrissette
  772 F.2d 1395· 7th Cir.· 1985-09-05 ·cited 66×·via 42 U.S.C. § 1983 Liability
  Excessive force claims during an arrest should be analyzed under the Fourth Amendment's objective reasonableness standard, not the Fourteenth Amendment's substantive due process, which lacks textual support and relies on subjective judicial feelings.
• Goney v. Clark
  749 F.2d 5· 3d Cir.· 1984-12-06 ·cited 66×
  A district court is not required to conduct a de novo review of an entire magistrate's report if the objections filed are general and lack specificity.
• Lowell Buller v. Buechler
  706 F.2d 844· 8th Cir.· 1983-05-05 ·cited 66×·via 42 U.S.C. § 1983 Action
  The court held that private individuals who utilize state garnishment procedures, even if later found unconstitutional, can be considered state actors for section 1983 purposes if they act jointly with state officials, and may assert a qualified immunity defense.
• Bonner v. Coughlin
  657 F.2d 931· 7th Cir.· 1981-08-20 ·cited 66×
  The court held that the district court erred in awarding a multiplier and excessive hours for attorneys' fees, but affirmed the grant of judgment notwithstanding the verdict for one defendant and the interest rate on the judgment.
• Smiddy v. Dudley D. Varney
  665 F.2d 261· 9th Cir.· 1981-08-07 ·cited 66×·via Violation Of 42 U.S.C. § 1983
  Police officers are not liable for damages incurred after a district attorney files charges, unless the presumption of the prosecutor's independent judgment is rebutted. The judgment of liability is affirmed, but the damages award is vacated and remanded for a new trial.
• Bickel v. Burkhart
  632 F.2d 1251· 5th Cir.· 1980-12-17 ·cited 66×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the fire department's rules were not facially unconstitutional as applied, but that the plaintiff's speech was constitutionally protected and a motivating factor in his denial of promotion. The court affirmed the order to make the plaintiff whole but remanded
• Allen G. Charles, M.D. v. Carey
  627 F.2d 772· 7th Cir.· 1980-07-29 ·cited 66×
  The court held that certain provisions of the Illinois Abortion Law of 1975, particularly those related to informed consent and waiting periods, impose unconstitutional burdens on a woman's right to an abortion and are subject to strict scrutiny.
• Bettye Keener Stegmaier v. Trammell
  597 F.2d 1027· 5th Cir.· 1979-07-02 ·cited 66×
  A public employee in a position of confidence, loyalty, and trust, even if not a policymaker, may be discharged based on political affiliation without violating constitutional rights.
• Napier v. Preslicka
  314 F.3d 528· 11th Cir.· 2002-12-10 ·cited 65×
  The dissenting judge argues that the term "in custody" in the Prison Litigation Reform Act (PLRA) is ambiguous and should be interpreted in the context of the entire statute, which primarily addresses lawsuits arising from prison conditions. The dissent believes the PLRA was not
• Cornelius v. Town OF Highland Lake
  880 F.2d 348· 11th Cir.· 1989-08-10 ·cited 65×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that a genuine issue of material fact exists regarding whether a special relationship existed between the plaintiff and the town officials, and whether the defendants' actions created a special danger, thus potentially imposing a duty to protect the plaintiff under
• Ferrara v. Mills
  781 F.2d 1508· 11th Cir.· 1986-02-10 ·cited 65×·via 42 U.S.C. § 1983 Action
  The court held that a public school teacher's complaints about his teaching schedule and assignments, even if tangentially related to public education, did not constitute speech on a matter of public concern and thus were not constitutionally protected under the First Amendment.
• Saldana v. Garza
  684 F.2d 1159· 5th Cir.· 1982-09-07 ·cited 65×·via 42 U.S.C. § 1983 Liability
  Police officers are entitled to qualified immunity from civil damages if their conduct does not violate clearly established statutory or constitutional rights, even if the arrest was later found to be illegal.
• United Handicapped Fed'n v. Andre
  622 F.2d 342· 8th Cir.· 1980-05-14 ·cited 65×·via Violation Of 42 U.S.C. § 1983
  Plaintiffs were prevailing parties entitled to attorneys' fees because their lawsuit was a catalyst for improvements in handicapped transportation services, even if not the sole cause or if some claims were dismissed.
• Life Ins. Co. OF N. Am. v. Reichardt
  591 F.2d 499· 9th Cir.· 1979-01-11 ·cited 65×
  The court held that the Insurance Commissioner's approval of discriminatory insurance policy forms did not constitute sufficient state action for a § 1983 claim, and that the § 1985(3) claim against the insurers was properly allowed to proceed.
• Lovely v. Laliberte
  498 F.2d 1261· 1st Cir.· 1974-06-24 ·cited 65×
  The court held that the plaintiff's federal action under 42 U.S.C. § 1983 was barred by res judicata because the claims could have been raised in the prior state court eviction proceeding.
• Agnew v. City OF Compton
  239 F.2d 226· 9th Cir.· 1956-12-17 ·cited 65×·via 42 U.S.C. § 1983 Action
  The court held that the complaint failed to state a cause of action under the Civil Rights Act because the alleged wrongs did not deprive the plaintiff of rights secured by the Constitution and federal laws.
• Cygnar v. City OF Chicago
  865 F.2d 827· 7th Cir.· 1989-01-04 ·cited 64×
  The court held that the district court erred in granting judgment notwithstanding the verdict on the race discrimination claim, as the jury's finding of racial motivation was supported by evidence, and the affirmative action defense failed because it was not justified by a compel
• Bennis v. Carson S. Gable
  823 F.2d 723· 3d Cir.· 1987-07-06 ·cited 64×
  The court held that the district court erred by instructing the jury, as a matter of law, that the plaintiffs had engaged in protected First Amendment activity, thereby impermissibly trespassing on the jury's fact-finding function. The judgment is vacated and the case remanded fo
• Romeo v. Youngberg
  644 F.2d 147· 3d Cir.· 1980-11-24 ·cited 64×
  The majority opinion improperly included gratuitous discussion and jury instructions regarding non-reversible surgery and antipsychotic drugs, which were not at issue in this case.
• McGILL v. Bd. OF Educ. OF Pekin Elementary Sch. Dist. NO. 108 OF Tazewell Cnty.
  602 F.2d 774· 7th Cir.· 1979-07-23 ·cited 64×·via Violation Of 42 U.S.C. § 1983
  A retaliatory transfer, like a retaliatory discharge, can violate a public employee's First Amendment rights if the protected speech was the motivating factor for the adverse action.
• Cleve Heidelberg, Jr. v. Hammer
  577 F.2d 429· 7th Cir.· 1978-06-08 ·cited 64×
  The District Court erred in dismissing the action for want of prosecution and in dismissing certain allegations of the complaint.
• Downs v. Sawtelle
  574 F.2d 1· 1st Cir.· 1978-03-30 ·cited 64×
  The dissenting judge would hold that social workers are entitled to qualified immunity and that private parties acting with immune state actors should also be dismissed from liability.
• Atkins v. Lanning
  556 F.2d 485· 10th Cir.· 1977-06-08 ·cited 64×
  The court held that the district attorney and investigators are immune from civil rights claims for a mistaken arrest, and the conspiracy claim was insufficient.
• Long v. Sapp
  502 F.2d 34· 5th Cir.· 1974-10-04 ·cited 64×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff's individual claim of racial discrimination was properly dismissed, but her claim of sex discrimination regarding the warehouseman position and her class action claim for racial discrimination should be remanded for further proceedings.
• Street v. Officer Leo Surdyka
  492 F.2d 368· 4th Cir.· 1974-02-21 ·cited 64×·via 42 U.S.C. § 1983 Claim For Violation Of Fourth Amendment Rights
  The court held that a violation of state arrest law does not automatically constitute a federal constitutional violation actionable under 42 U.S.C. § 1983, and that police officers are protected by a good faith defense for arrests made with probable cause.
• James v. The Bd. OF Educ. OF Cent. Dist. NO. 1 OF the Towns OF Addison
  461 F.2d 566· 2d Cir.· 1972-05-24 ·cited 64×·via Violation Of 42 U.S.C. § 1983
  A school board may not discharge a teacher for wearing a black armband in symbolic protest if the conduct does not materially and substantially disrupt school activities or interfere with the teacher's duties.
• Wood v. Ostrander
  879 F.2d 583· 9th Cir.· 1989-06-27 ·cited 63×
  The dissenting judge argues that the majority opinion incorrectly applied Supreme Court precedent, particularly DeShaney v. Winnebago County, and that the officer is entitled to qualified immunity.