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

• Reddin v. Israel
  561 F.2d 715· 7th Cir.· 1977-09-02 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that summary judgment was inappropriate because material issues of fact remained regarding whether the detainer deprived the prisoner of a protected liberty interest without due process.
• Walker v. Clovis H. Pierce, M.D.
  560 F.2d 609· 4th Cir.· 1977-07-26 ·cited 8×
  The court held that Dr. Pierce's policy of sterilizing Medicaid patients for economic reasons, unrelated to their health, constituted action taken under color of state law within the meaning of 42 U.S.C. § 1983.
• Franklin v. Atkins
  562 F.2d 1188· 10th Cir.· 1977-06-20 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff failed to meet the burden of proving that constitutionally protected conduct was a substantial or motivating factor in the Regents' decision not to hire him, and that the Regents would have made the same decision even in the absence of any imperm
• G. H. McSHANE Co. v. McFADDEN
  554 F.2d 111· 3d Cir.· 1977-04-26 ·cited 8×·via 42 U.S.C. § 1983 Claim For Damages
  A party cannot recover damages under 42 U.S.C. § 1983 for utilizing a state foreign attachment procedure that was later declared unconstitutional, if the procedure was presumptively constitutional at the time of use and had not yet been expressly overturned.
• Clayton v. Shaw
  548 F.2d 1155· 5th Cir.· 1977-03-17 ·cited 8×
  The court held that a pro se plaintiff's complaint alleging wrongful detention of property under color of law is sufficient to state a claim under 42 U.S.C.A. § 1983, requiring factfinding beyond a mere denial of custody.
• Arroyo v. Schaefer
  548 F.2d 47· 2d Cir.· 1977-01-11 ·cited 8×
  The court held that the plaintiffs failed to establish a constitutional violation, as the use of tear gas in an emergency situation did not rise to the level of deliberate indifference or conduct that shocks the conscience.
• Keeton v. Guedry
  544 F.2d 199· 5th Cir.· 1976-12-16 ·cited 8×·via 42 U.S.C. § 1983 Liability
  A Justice of the Peace is entitled to judicial immunity when issuing an arrest warrant, even if they express doubt about the eventual prosecution of the charge.
• COX v. N. Va. Transp. Comm'n
  551 F.2d 555· 4th Cir.· 1976-11-04 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that discharging a public employee based on public accusations of dishonesty or immorality without providing a name-clearing hearing violates the Due Process Clause of the Fourteenth Amendment.
• Seymour F. X. [Cotton v. Hutto
  540 F.2d 412· 8th Cir.· 1976-08-27 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the district court's dismissal of most prisoner complaints was appropriate, but the dismissal of one prisoner's claim regarding a hernia and subsequent medical treatment was inappropriate and should be remanded.
• Niles Crowe v. Leeke
  540 F.2d 740· 4th Cir.· 1976-08-25 ·cited 8×
  The court held that overcrowded cell conditions, without more, do not constitute cruel and unusual punishment violating the Eighth Amendment.
• Broderick v. The Associated Hosp. Serv. OF Philadelphia
  536 F.2d 1· 3d Cir.· 1976-05-06 ·cited 8×
  The court held that the mere statutory requirement for state approval of rates and contracts by Blue Cross and Blue Shield, without more, is insufficient to establish "state action" under 42 U.S.C. § 1983 when the challenged discriminatory enrollment policies were privately formu
• Greear v. Loving
  538 F.2d 578· 4th Cir.· 1976-04-22 ·cited 8×
  The court held that genuine issues of material fact existed, precluding summary judgment.
• Talbot v. Pyke
  533 F.2d 331· 6th Cir.· 1976-04-15 ·cited 8×
  The court held that a mandatory retirement policy for public employees does not violate constitutional rights to due process or equal protection.
• Littleton v. Honorable Arthur O. Fisher and Honorable Harry E. Groves
  530 F.2d 691· 6th Cir.· 1976-02-13 ·cited 8×
  State court judges and referees are immune from suit under 42 U.S.C. § 1983 for actions taken in their judicial capacity.
• John-Tyrone Martin v. Louie L. Wainwright
  525 F.2d 983· 5th Cir.· 1976-01-08 ·cited 8×
  A prisoner's complaint alleging denial of visitation solely based on race is sufficient to state a claim under 42 U.S.C. § 1983 and should not be dismissed without a hearing.
• United States Labor Party v. Codd
  527 F.2d 118· 2d Cir.· 1975-12-09 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  A five-dollar fee for a daily permit to use sound amplification devices is constitutional if it is a reasonable regulatory measure to cover administrative costs and there is no proof of indigence preventing payment.
• Lokey v. Richardson
  527 F.2d 949· 9th Cir.· 1975-12-09 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that summary judgment was improper because the termination of a prisoner's minimum custody status, which resulted in significant deprivations, implicated a liberty interest protected by the Due Process Clause, requiring procedural safeguards.
• Golden v. Biscayne BAY Yacht Club
  521 F.2d 344· 5th Cir.· 1975-09-26 ·cited 8×·via Violation Of 42 U.S.C. § 1983
• Burbank v. Twomey
  520 F.2d 744· 7th Cir.· 1975-08-08 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that the prisoner's claims for declaratory and injunctive relief were moot due to the adoption of a new prison regulation that provided the relief sought. The court also held that the prisoner was not entitled to attorney fees.
• Ill. Migrant Council & Roy Villareal v. Campbell Soup Co.
  519 F.2d 391· 7th Cir.· 1975-06-26 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiffs' complaint sufficiently alleged state action under 42 U.S.C. § 1983 by describing the defendant's residential community as a 'company town' functionally equivalent to a municipality.
• Henderson v. The Sec'y OF Corr.
  518 F.2d 694· 10th Cir.· 1975-06-26 ·cited 8×
  The court held that while a prisoner's claim for release must be brought as a habeas corpus petition, a claim for damages and injunctive relief for inadequate medical care can be brought under 42 U.S.C. § 1983, but in this case, the alleged inadequate care did not rise to a const
• Dunlap v. State OF Tenn.
  514 F.2d 130· 6th Cir.· 1975-04-17 ·cited 8×
  The court held that the district court erred in dismissing the complaint, as the plaintiff should have an opportunity to prove his allegations that the military decision was made for non-military reasons to deny him administrative recourse.
• R. E. Cruise v. Bruggeman
  508 F.2d 415· 6th Cir.· 1975-01-10 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  Summary judgment was appropriate because the plaintiffs failed to respond to the defendants' supporting affidavits, leaving the facts stated therein uncontroverted.
• Sarteschi v. Burlein
  508 F.2d 110· 3d Cir.· 1975-01-06 ·cited 8×·via 42 U.S.C. § 1983 Liability
  The court held that a civil rights action against state officials for alleged unconstitutional discharge is not barred by the Eleventh Amendment, even if relief requires official action, as long as it does not seek to collect from the state treasury.
• Stone v. Egeler
  506 F.2d 287· 6th Cir.· 1974-11-15 ·cited 8×
  The court affirmed the injunctive relief granted by the lower court, finding the prisoners' transfers were disciplinary and required due process, but vacated the order for immediate release.
• Weathers v. Ebert
  505 F.2d 514· 4th Cir.· 1974-11-13 ·cited 8×
  A Commonwealth's Attorney is immune from suit for actions taken in his official capacity, absent specific allegations of intentional abuse of power.
• Herzbrun v. Milwaukee Cnty.
  504 F.2d 1189· 7th Cir.· 1974-10-17 ·cited 8×
  The court held that the county rule's provision for discipline based on acts unbecoming an employee was not unconstitutionally vague or overbroad, particularly for an employee whose conduct was clearly within the rule's scope.
• Collins v. Wolfson
  498 F.2d 1100· 5th Cir.· 1974-08-09 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that claims of non-tenured instructors alleging arbitrary nonrenewal criteria are not actionable under § 1983, but a tenured instructor alleging termination without proper process stated a claim.
• Redfearn v. Del. Republican State Comm.
  502 F.2d 1123· 3d Cir.· 1974-07-29 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  A three-judge court is necessary when a statewide political party rule, which is intertwined with the state's election process, is challenged with a request for injunctive relief.
• Watson v. Kenlick Coal Co., Inc.
  498 F.2d 1183· 6th Cir.· 1974-06-21 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that the Watsons' claim of constitutional deprivation under 42 U.S.C. § 1983 failed because there was neither a constitutional deprivation nor state action. The interpretation of a 'broad form' deed under Kentucky property law did not violate due process or constit
• Allen v. Sisters OF Saint Joseph
  490 F.2d 81· 5th Cir.· 1974-03-01 ·cited 8×
  The court held that the case was moot because the plaintiff had already given birth and obtained the sterilization she sought, rendering injunctive relief impossible and the controversy no longer live.
• Freitag v. Carter
  489 F.2d 1377· 7th Cir.· 1973-12-10 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that the Commissioner's denial of a chauffeur's license without adequate notice and hearing violated due process, and that while the City of Chicago was improperly sued under § 1983, the Commissioner was liable for stipulated damages.
• Citizens FOR A Better Env't, Inc. v. Nassau Cnty.
  488 F.2d 1353· 2d Cir.· 1973-11-14 ·cited 8×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiffs failed to demonstrate a likelihood of prevailing on the merits or irreparable harm, given the unresolved state law questions regarding the plaintiff orga
• Baxter K. Williams v. The Albemarle City Bd. OF Educ.
  485 F.2d 232· 4th Cir.· 1973-10-01 ·cited 8×
  The court held that while the plaintiff was subjected to racial discrimination in his reassignment, he is not entitled to damages because he failed to mitigate his losses by rejecting a comparable employment offer.
• Polk v. The State BAR OF Tex.
  480 F.2d 998· 5th Cir.· 1973-06-20 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in dismissing the § 1983 action based on the Younger doctrine, as the administrative reprimand by the Grievance Committee was not an integral part of Texas's criminal law enforcement.
• Handverger v. Harvill
  479 F.2d 513· 9th Cir.· 1973-05-22 ·cited 8×·via 42 U.S.C. § 1983 Liability
  University officials are entitled to the good faith defense in a § 1983 action when they reasonably believed the planned event involved illegal activity and sought legal counsel.
• Rhodes v. Bureau OF Prisons
  477 F.2d 347· 5th Cir.· 1973-04-27 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that while the claim for injunctive relief was moot, the prisoner's claim for damages under 42 U.S.C. § 1983 failed as a matter of law.
• Lehman v. The City OF Pittsburgh
  474 F.2d 21· 3d Cir.· 1973-02-21 ·cited 8×·via 42 U.S.C. § 1983 Liability
  The court held that municipalities and their agencies are not 'persons' under 42 U.S.C. § 1983, but individual officials are. The equal protection claim regarding the durational residency ordinance requires further consideration.
• Grady Carroll Ouzts v. Md. Nat'l Ins. Co.
  470 F.2d 790· 9th Cir.· 1972-12-06 ·cited 8×
  The court held that the district court erred in dismissing the first count for lack of subject matter jurisdiction, but the dismissal was proper because the complaint failed to state a claim upon which relief could be granted under federal law.
• Edwards v. Vasel
  469 F.2d 338· 8th Cir.· 1972-11-02 ·cited 8×
  The court held that a plaintiff cannot relitigate the validity of his conviction in a civil rights action based on alleged false testimony at a prior habeas corpus hearing.
• Owens v. Brierley
  452 F.2d 640· 3d Cir.· 1971-11-17 ·cited 8×
  The court held that a prisoner's complaint alleging racial discrimination in the prison's magazine selection process, which stated a claim under the First and Fourteenth Amendments, should not have been dismissed sua sponte without a responsive pleading.
• Woolsey v. Beto
  450 F.2d 321· 5th Cir.· 1971-10-28 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
• Thomas C. Knarr & the Griffith Fed'n of Teachers v. The Bd. OF Sch. Trs. OF Griffith
  452 F.2d 649· 7th Cir.· 1971-10-04 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to prove his teaching contract was not renewed due to anti-union bias, and the school board's decision was based on his performance.
• Elvert Chisley v. Richland Parish Sch. Bd.
  448 F.2d 1251· 5th Cir.· 1971-09-27 ·cited 8×
  The court held that exhaustion of state remedies is not a prerequisite for filing a claim under 42 U.S.C.A. § 1983.
• Grausam v. Henry S. Murphey, M.D.
  448 F.2d 197· 3d Cir.· 1971-09-07 ·cited 8×
  The court held that a probationary public employee's interest in continued employment is conditional and does not require a pre-termination hearing to satisfy due process, especially when balanced against the state's interest in efficient administration.
• Campagnuolo v. Harder
  440 F.2d 1225· 2d Cir.· 1971-03-29 ·cited 8×
  The court held that the complaint raised a colorable constitutional issue within the jurisdictional guidelines of Johnson v. Harder, and thus a three-judge court must be convened.
• Livingston v. Garmire
  437 F.2d 1050· 5th Cir.· 1971-01-22 ·cited 8×
  The court held that subsections (a) and (f) of the Miami disorderly conduct ordinance were unconstitutional on their face due to vagueness and overbreadth, and thus affirmed the district court's judgment.
• Abernathy v. Conroy
  429 F.2d 1170· 4th Cir.· 1970-07-21 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that Charleston's ordinance prohibiting parades after 8 p.m. is facially constitutional, and the South Carolina common law definition of riot is also constitutional.
• Elmwood Props., Inc. v. Murray Conzelman
  418 F.2d 1025· 7th Cir.· 1969-11-26 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiffs failed to state a claim under the Civil Rights Act because they did not demonstrate purposeful discrimination or a deprivation of constitutional rights, and available state remedies were not exhausted.
• Finley v. Baxter Rittenhouse
  416 F.2d 1186· 9th Cir.· 1969-10-20 ·cited 8×
  The court held that the appellant's conclusory allegations, unsupported by factual details, were insufficient to state a claim for relief under 42 U.S.C. § 1983.