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

• Branchcomb v. Lou Brewer
  683 F.2d 251· 8th Cir.· 1982-07-14 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that the trial court's finding of no deliberate indifference by the named defendants was not clearly erroneous, but vacated the dismissal of claims against two other defendants based on a change in the applicable statute of limitations.
• Greene v. Hon. Robert McGUIRE
  683 F.2d 32· 2d Cir.· 1982-06-14 ·cited 6×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  The court held that the police commissioner's denial of reinstatement did not deprive the former officers of property or liberty interests protected by the Fourteenth Amendment, thus no hearing was constitutionally required.
• Glynn v. Auger
  678 F.2d 760· 8th Cir.· 1982-05-25 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that the double-celling policy did not violate the ex post facto clause or the Eighth Amendment, and that the harassment claim was properly dismissed.
• Occhino v. Nw. Bell Tel. Co.
  675 F.2d 220· 8th Cir.· 1982-04-14 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the district court's grant of summary judgment, holding that the telephone company's termination of service for abusive calls did not constitute state action under § 1983 and that the plaintiff had no constitutional right to telephone service or due process bef
• Clayton v. Douglas
  670 F.2d 143· 10th Cir.· 1982-02-11 ·cited 6×
  The court held that the inmate's complaint failed to allege sufficient facts to establish a claim of constitutional deprivation, and the district court's dismissal was therefore proper.
• McCLUSKEY v. The Bd. OF Educ. OF Rogers
  662 F.2d 1263· 8th Cir.· 1981-10-28 ·cited 6×
• Denver Policemen's Protective Ass'n v. Lichtenstein
  660 F.2d 432· 10th Cir.· 1981-09-18 ·cited 6×
  The court held that the district court did not err in dismissing the complaint, as the discovery order for police investigative files did not violate officers' rights to privacy, executive privilege, or equal protection.
• Hummer v. Dalton
  657 F.2d 621· 4th Cir.· 1981-08-26 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the district court's procedural errors in granting summary judgment did not prejudice the plaintiff, and his claims lacked merit.
• Otha Lee Conley v. Off. of the Pub. Def.
  653 F.2d 1241· 8th Cir.· 1981-07-21 ·cited 6×·via 42 U.S.C. § 1983 Liability
  Witnesses are absolutely immune from civil rights actions under 42 U.S.C. § 1983 for testimony given in judicial proceedings.
• Moreno v. Univ. OF Md.
  645 F.2d 217· 4th Cir.· 1981-03-26 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The University's "In-State" status policy denied due process and equal protection to G-4 visa holders, and its agreement to pay tuition refunds constituted a waiver of Eleventh Amendment immunity.
• Powell v. Levit
  640 F.2d 239· 9th Cir.· 1981-02-19 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the admission of evidence of the plaintiff's prior juvenile adjudication and a sixteen-year-old criminal conviction was prejudicial error.
• Herndon v. The City OF Massillon
  638 F.2d 963· 6th Cir.· 1981-01-26 ·cited 6×
  A party cannot seek a new trial solely because jury instructions were unrecorded if they failed to attempt reconstruction under Rule 10(c) and alleged no error in the instructions themselves.
• North v. Budig
  637 F.2d 246· 4th Cir.· 1981-01-09 ·cited 6×
  The district court should have abstained from exercising its jurisdiction under the Pullman abstention doctrine, and its injunctive orders restraining the state court were improper.
• Schlette v. Burdick
  633 F.2d 920· 9th Cir.· 1980-12-10 ·cited 6×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that there was no triable issue of fact regarding the constitutionality of the plaintiff's confinement, entitling the conservators to summary judgment.
• Swan v. Stoneman
  635 F.2d 97· 2d Cir.· 1980-10-17 ·cited 6×
  The court held that the exhaustion doctrine should not bar Ambrose's due process claim because the available administrative remedies were post-termination and inadequate to provide class-wide relief.
• Luella Holmes and Elizabeth Y. Thomas v. Finney
  631 F.2d 150· 10th Cir.· 1980-09-12 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that the mere surreptitious taping of a conversation by a party to it, without more, does not violate any federally protected right actionable under 42 U.S.C. §§ 1981, 1983, or 1985(3).
• Lucsik v. Bd. OF Educ. OF the Brunswick City Sch. Dist.
  621 F.2d 841· 6th Cir.· 1980-05-22 ·cited 6×
  The court held that a § 1983 claim cannot be based on attorneys' conduct in civil litigation unless malice is alleged and proven, as parties are generally free to resort to the courts.
• Seymour X. Cotton, Jr. v. Lockhart
  620 F.2d 670· 8th Cir.· 1980-05-05 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the prison's "publisher-only" rule for receiving books does not violate an inmate's First Amendment rights, as it is a rational response to institutional security concerns.
• Fayle v. Stapley
  607 F.2d 858· 9th Cir.· 1979-11-05 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that while the state statutes themselves were constitutional, the application of those statutes to deprive Fayle of property without notice and a hearing violated his due process rights. The court also affirmed the dismissal of the claim against one defendant due t
• Dailey v. Byrnes
  605 F.2d 858· 5th Cir.· 1979-11-01 ·cited 6×
• Saladino v. Winkler
  609 F.2d 1211· 7th Cir.· 1979-10-29 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the admission of evidence regarding the plaintiff's relationship with a witness, prior inconsistent statements, intoxication, and awareness of unlawful conduct was proper and did not deprive the plaintiff of a fair trial.
• Harris v. Wilters
  596 F.2d 678· 5th Cir.· 1979-06-08 ·cited 6×·via 42 U.S.C. § 1983 Action
  The trial court did not abuse its discretion in denying appellant's motion for a mandatory preliminary injunction to fund his state coram nobis proceeding.
• Tyler v. Woodson
  597 F.2d 643· 8th Cir.· 1979-05-03 ·cited 6×
  The court held that the complaint stated a claim for relief against the social worker for confiscating legal papers, but not against the County for failing to allege a policy or custom. The denial of the motion to disqualify the judge was also affirmed.
• Carter v. Heard
  593 F.2d 10· 5th Cir.· 1979-04-12 ·cited 6×
  The court held that the pro se litigant was not entitled to injunctive or declaratory relief because he failed to demonstrate an actual controversy or threatened irreparable injury.
• Sparks v. Duval Cnty. Ranch Co., Inc.
  588 F.2d 124· 5th Cir.· 1979-01-17 ·cited 6×
• Studen v. Beebe
  588 F.2d 560· 6th Cir.· 1978-12-11 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiffs failed to demonstrate a deprivation of federally protected civil rights under 42 U.S.C. §§ 1983 and 1985, and that the zoning dispute was a matter for state courts.
• Taliaferro v. Willett
  588 F.2d 428· 4th Cir.· 1978-12-06 ·cited 6×
  A plaintiff deprived of procedural due process can only recover nominal damages absent proof of independent compensable injury.
• Hurst v. Phelps
  579 F.2d 940· 5th Cir.· 1978-09-08 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the procedure used to dismiss the inmate's § 1983 action, which relied on ex parte administrative reports without allowing responsive pleadings, was improper.
• Rodgers v. Tolson
  582 F.2d 315· 4th Cir.· 1978-08-17 ·cited 6×
• Mrs. Carnell Russ v. Ratliff
  578 F.2d 221· 8th Cir.· 1978-07-10 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court did not abuse its discretion in denying plaintiffs leave to amend their complaint to add the City as a defendant, as the amendment would not relate back under Rule 15(c) due to prejudice and lack of mistake.
• Callahan Ware v. Heyne
  575 F.2d 593· 7th Cir.· 1978-04-05 ·cited 6×·via 42 U.S.C. § 1983 Claim For Denial Of Due Process
  The court held that correctional officials are not immune from damages if they knew or should have known their conduct violated a clearly established constitutional right, and that expunging a report obtained in violation of due process was not an abuse of discretion.
• Pence v. Rosenquist
  573 F.2d 395· 7th Cir.· 1978-02-02 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that the employer's inconsistent actions regarding the plaintiff's appearance were arbitrary and thus a deprivation of liberty.
• Rush v. Smith
  573 F.2d 110· 2d Cir.· 1978-01-19 ·cited 6×
  The court held that New York City's procedure of terminating AFDC benefits for failure to appear at a fraud investigation interview does not violate the Social Security Act, but the notice provided to recipients was inadequate.
• Lanceda Richardson v. The Pa. Dep't OF Health
  561 F.2d 489· 3d Cir.· 1977-08-16 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that a plaintiff alleging discriminatory employment practices under the Fourteenth Amendment and 42 U.S.C. § 1983 must prove discriminatory intent, but allegations of knowledge of discriminatory impact and bad faith may be sufficient to survive a motion to dismiss.
• Friedman v. Beame
  558 F.2d 1107· 2d Cir.· 1977-07-21 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that the City of New York's parking regulations were not an unlawful delegation of legislative authority and did not violate the Fourteenth Amendment, affirming the district court's dismissal.
• Wright v. Chief OF Transit Police
  558 F.2d 67· 2d Cir.· 1977-06-08 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in dismissing the complaint without making findings on whether reasonable regulations could accommodate plaintiffs' First Amendment rights and the Transit Authority's safety concerns.
• Williams v. State OF Wash.
  554 F.2d 369· 9th Cir.· 1977-05-19 ·cited 6×·via 42 U.S.C. § 1983 Action
  Federal courts should not intervene in pending state proceedings absent extraordinary circumstances, such as bad faith or flagrant constitutional violations.
• Butler v. Cooper
  554 F.2d 645· 4th Cir.· 1977-05-16 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that a plaintiff alleging racial discrimination in law enforcement must provide more than statistical evidence of disproportionate arrests; they must show a deliberate, race-based selective enforcement policy or plan.
• Allen v. Lovejoy
  553 F.2d 522· 6th Cir.· 1977-04-21 ·cited 6×
• Easter v. Emil Olson
  552 F.2d 252· 8th Cir.· 1977-04-01 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that abstention was appropriate pending resolution of a state law issue by the Nebraska Supreme Court, which would determine if the plaintiff had a property interest in continued employment.
• Morris v. Danna
  547 F.2d 436· 8th Cir.· 1977-01-13 ·cited 6×
  The court affirmed the dismissal, holding that the invasion of privacy claim did not rise to constitutional dimensions and lacked federal question jurisdiction.
• Shaw v. The Bd. OF Trs. OF the Frederick Cmty. Coll.
  549 F.2d 929· 4th Cir.· 1976-12-29 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the college's dismissal of professors for protesting employment policies violated their First Amendment rights and denied them equal protection.
• Aasum v. Good Samaritan Hosp.
  542 F.2d 792· 9th Cir.· 1976-09-27 ·cited 6×
  The court held that a private hospital's restriction of its laboratory facilities to licensed physicians and dentists, based on state law classifications and accreditation standards, did not constitute a violation of 42 U.S.C. § 1983, even if a state board's recommendation influe
• Holt v. Moore
  541 F.2d 460· 4th Cir.· 1976-09-22 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff, having been released from state custody and his individual claims for equitable relief severed, lacked standing to represent the class, rendering the class action moot.
• Oakley v. City OF Pasadena
  535 F.2d 503· 9th Cir.· 1976-05-03 ·cited 6×
  The court held that individual defendants were immune from suit due to qualified immunity and that the City of Pasadena had absolute immunity under 42 U.S.C. § 1983, affirming the grant of summary judgment.
• ROE v. Norton
  522 F.2d 928· 2d Cir.· 1975-07-31 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the lower court erred in determining that Title XIX requires Medicaid payments for elective abortions, but the majority's interpretation that Title XIX permits such payments is also flawed.
• Friedlander v. Joseph Cimino, M.D.
  520 F.2d 318· 2d Cir.· 1975-07-09 ·cited 6×·via § 1983 Suit
  The court held that the complaint sufficiently alleged purposeful discrimination to establish a substantial federal question, thus reversing the dismissal.
• Bedrosian v. Mintz
  518 F.2d 396· 2d Cir.· 1975-06-20 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the district court properly dismissed the action because federal courts should not interfere with state court proceedings absent substantial irreparable injury, and the state's refusal to appoint out-of-state counsel was a rational exercise of discretion not v
• Isiah Hines v. Reubin O'D. Askew
  514 F.2d 673· 5th Cir.· 1975-06-16 ·cited 6×
  The court held that the grounds for dismissal were insufficient and vacated the judgment.
• Gary v. Darnell
  505 F.2d 741· 6th Cir.· 1974-10-23 ·cited 6×
  Repossession of an automobile pursuant to Kentucky's self-help repossession statute, UCC § 9-503, does not constitute action under color of state law for purposes of 42 U.S.C. § 1983.