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

• Mills v. Sullivan
  501 F.2d 939· 5th Cir.· 1974-10-04 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the district court's dismissal must be vacated and remanded for reconsideration in light of recent Supreme Court decisions on prisoner mail processing.
• Jorden v. Metro. Utils. Dist.
  498 F.2d 514· 8th Cir.· 1974-06-14 ·cited 6×
  A municipal corporation is not a 'person' amenable to suit under 42 U.S.C. § 1983, regardless of whether it performs governmental or proprietary functions.
• Potter v. Clark
  497 F.2d 1206· 7th Cir.· 1974-05-16 ·cited 6×
  The court held that the district court correctly dismissed the complaint for failure to state a claim under 42 U.S.C. § 1983.
• Watts v. The Bd. OF Curators
  495 F.2d 384· 8th Cir.· 1974-04-09 ·cited 6×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that the university's decision not to renew a nontenured professor's contract was not a violation of his constitutional rights, as the decision was based on permissible professional and contractual reasons, not on the exercise of protected speech.
• United States ex rel. John Smith v. Twomey
  486 F.2d 736· 7th Cir.· 1973-09-18 ·cited 6×
  The court held that the petitioner failed to allege a constitutional violation regarding delays in his state appellate process, and thus, federal intervention was not warranted.
• Thomas v. Brierley
  481 F.2d 660· 3d Cir.· 1973-06-29 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that a prisoner's complaint alleging denial of visitation rights due to race or harassment warrants liberal construction and further proceedings, not immediate dismissal as frivolous.
• Jackson v. Griffith
  480 F.2d 261· 10th Cir.· 1973-06-14 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that summary judgment was inappropriate because material issues of fact remained regarding the plaintiff's employment termination and constitutional rights.
• Faye Baggett Jackson v. Crockarell
  475 F.2d 746· 6th Cir.· 1973-03-28 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that instructing the jury on a theory of defense not raised by the pleadings or supported by evidence constitutes reversible error.
• Roots v. Callahan
  475 F.2d 751· 5th Cir.· 1973-03-20 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that while the district court erred in its jurisdictional basis, the dismissal was nonetheless proper because a writ of mandamus would not lie to compel a discretionary duty.
• Gibson v. City OF Seattle (Washington)
  472 F.2d 1220· 9th Cir.· 1973-01-19 ·cited 6×
  The court held that a municipality is not a 'person' under the Civil Rights Act, but individual defendants can be sued for property seizure under the Act.
• Verriah v. Kota
  473 F.2d 1· 4th Cir.· 1973-01-16 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that a nontenured professor's contract nonrenewal, without a formal hearing, does not violate due process if no property or liberty interest is implicated and the decision is not arbitrary.
• Arunga v. Sgt. Weldon
  469 F.2d 675· 9th Cir.· 1972-11-15 ·cited 6×·via 42 U.S.C. § 1983 Liability
• Claudine Hall v. Garson
  468 F.2d 845· 5th Cir.· 1972-11-02 ·cited 6×
  The court held that Texas Civil Statutes Annotated Article 5238a, which allows landlords to seize tenant property for unpaid rent without a prior hearing, violates the Due Process Clause of the Fourteenth Amendment.
• Mrs. Ronald F. Meyer v. The State OF NEW Jersey
  460 F.2d 1252· 3d Cir.· 1972-05-19 ·cited 6×
  The Eleventh Amendment bars a federal court action for money damages against a state by a citizen of another state unless the state consents.
• Scarver v. Allen
  457 F.2d 308· 7th Cir.· 1972-03-15 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that dismissing the plaintiff's cause of action for failure to appear at trial due to a documented asthma attack was too harsh a sanction.
• Woolfolk v. Brown
  456 F.2d 652· 4th Cir.· 1972-03-07 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that Virginia's AFDC Work Rule conflicts with the federal Work Incentive Program (WIN) provisions of the Social Security Act and is therefore invalid.
• Deanel Chism and Perry H. Thompson v. Price
  457 F.2d 1037· 9th Cir.· 1972-02-29 ·cited 6×
  The court held that the trial court properly granted summary judgment because the plaintiffs failed to establish a deprivation of federally secured rights under color of state law, and prior state court decisions on the facts were res judicata.
• Spencer v. Kugler
  454 F.2d 839· 3d Cir.· 1972-01-24 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the single district judge did not err in dismissing Count One because the matter had already been adjudicated by a three-judge court, and the relief sought was injunctive in nature, not purely declaratory.
• City OF Boston v. Mass. Port Auth.
  444 F.2d 167· 1st Cir.· 1971-06-21 ·cited 6×
  A mere violation of state law by a state official does not, by itself, constitute a violation of the federal Constitution's due process clause.
• Simcox v. Bd. OF Educ. OF Lockport Twp. High Sch.
  443 F.2d 40· 7th Cir.· 1971-05-12 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The concurring judge agrees with the court's decision but disagrees with any implication that a school board's good faith judgment automatically justifies terminating employment, even if it violates constitutional rights.
• DON v. Okmulgee Mem'l Hosp.
  443 F.2d 234· 10th Cir.· 1971-05-11 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that the hospital board's rejection of Dr. Don's staff application was a valid exercise of authority, not violating due process or equal protection, and that insufficient evidence of conspiracy or damages precluded a successful claim.
• Metcalf v. Swank
  444 F.2d 1353· 7th Cir.· 1971-04-30 ·cited 6×
  The court held that plaintiffs must exhaust state administrative remedies before bringing a claim under the Civil Rights Act when the constitutional challenge is to the application of a statute, not its face, and the remedies are administrative.
• Barrera v. Wheeler
  441 F.2d 795· 8th Cir.· 1971-04-28 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in dismissing the action for failure to exhaust administrative remedies or abstain, as no adequate administrative remedies were available to the plaintiffs.
• Elmer Davis aka Robert Brown v. Eide
  439 F.2d 1077· 9th Cir.· 1971-03-24 ·cited 6×
  The court held that the officers were not in privity with the state, thus collateral estoppel did not apply, and that the trial court did not err in its rulings.
• Shahidah Graham v. Minter
  437 F.2d 427· 1st Cir.· 1971-03-03 ·cited 6×
  The denial of a temporary restraining order by a single judge in a case requiring a three-judge court is not immediately appealable.
• Burl Mullins v. Oakley
  437 F.2d 1217· 4th Cir.· 1971-02-24 ·cited 6×
  A judge is immune from suit for actions taken while exercising judicial authority, even if those actions are improper.
• Beattie v. Roberts
  436 F.2d 747· 1st Cir.· 1971-01-06 ·cited 6×·via 42 U.S.C. § 1983 Claim For Denial Of Due Process
  A tenured teacher who refused to participate in a hearing after being provided with reasons for non-renewal and notice of the hearing, and who failed to raise constitutional claims in the lower court, cannot claim denial of due process or statutory rights.
• Lane v. Correll
  434 F.2d 598· 5th Cir.· 1970-11-19 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that the complaint stated a cause of action upon which relief might have been granted, and that denying an arrest warrant solely due to inability to pay a fee violates equal protection.
• Oaks v. Louie L. Wainwright
  430 F.2d 241· 5th Cir.· 1970-08-04 ·cited 6×
  The court held that the prisoner's allegations of inadequate dental care and denial of law library access failed to state a claim for relief under 42 U.S.C.A. § 1983.
• Provenza v. H & W Wrecking Co.
  424 F.2d 629· 5th Cir.· 1970-04-06 ·cited 6×
  The court held that a district court has the inherent power to dismiss a case for failure to prosecute, and that such dismissal was not an abuse of discretion in this instance.
• Contreras v. Merced High Sch. Dist.
  415 F.2d 771· 9th Cir.· 1969-08-13 ·cited 6×·via 42 U.S.C. § 1983 Action
• Alice T. Rodes ad Litem for Melania DeSzirmay v. Mun. Auth. OF the Borough OF Milford. Alice T. Rodes ad Litem
  409 F.2d 16· 3d Cir.· 1969-01-13 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the pro se plaintiff's complaint failed to state a claim for a federal civil rights violation, as it contained only conclusory allegations without specific facts supporting federal cognizance.
• Commodore Tilden v. Pate
  390 F.2d 614· 7th Cir.· 1968-02-07 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to demonstrate that the district court's conclusion that his allegations were frivolous and fictitious was erroneous.
• McMANIGAL v. Seymour Simon
  382 F.2d 408· 7th Cir.· 1967-07-21 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that the District Court lacked jurisdiction because the civil rights statutes do not confer jurisdiction for the protection of purely monetary or property rights.
• Dombrowski v. Colonel Thomas D. Burbank
  358 F.2d 821· D.C. Cir.· 1966-02-04 ·cited 6×
  The court held that appellees, as Senate Subcommittee officials, are protected by legislative immunity from damages claims and that injunctive relief was properly denied as the documents were in the Subcommittee's possession.
• Lar (America First) Daly v. Stratton
  326 F.2d 340· 7th Cir.· 1964-01-08 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that the Illinois Electoral Board was not acting merely ministerially but exercising an executive function when examining petitions, and thus had authority to refuse certification of a defective petition. Therefore, dismissal of the § 1983 claim was proper.
• Evans v. Buchanan
  256 F.2d 688· 3d Cir.· 1958-05-28 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The State Board of Education and Superintendent have the authority and duty to implement desegregation plans, and their fear of contempt due to local boards' non-compliance is not a valid defense.
• Moms for Liberty - Brevard Cnty. v. Brevard Pub. Schs.
  118 F.4th 1324· 11th Cir.· 2024-10-08 ·cited 5×
  Moms for Liberty challenged Brevard County School Board policies restricting "abusive," "personally directed," and "obscene" speech at public comment meetings as unconstitutional viewpoint discrimination and unreasonable restrictions in violation of the First Amendment. The Eleve
• Marida Silas v. Sheriff of Broward Cnty. Fla.
  55 F.4th 872· 11th Cir.· 2022-12-14 ·cited 5×
  The Eleventh Circuit held that a suggestion of death need not be served on a decedent's surviving family members if no estate has been opened and they are not identified as legal successors or representatives, thus the 90-day substitution period under Rule 25(a) can expire.
• MS Ex Rel. Soltys v. Seminole Cnty. Sch. BD.
  636 F. Supp. 2d 1317· M.D. Fla.· 2009-07-10 ·cited 5×·via Violation Of 42 U.S.C. § 1983
  The court held that the defendant teacher's motion for summary judgment should be denied because the plaintiff presented sufficient evidence to support claims of constitutional deprivation under § 1983 and state law torts, and the defendant was not entitled to qualified immunity
• ABC Charters, Inc. v. Bronson
  591 F. Supp. 2d 1272· S.D. Fla.· 2008-10-01 ·cited 5×
  The court held that the Florida Sellers of Travel Act Amendments likely violate the Supremacy Clause and Commerce Clause, and denied the motion to dismiss.
• Koziara v. City of Casselberry
  239 F. Supp. 2d 1245· M.D. Fla.· 2002-12-10 ·cited 5×
  The court held that the doctrine of res judicata barred the plaintiffs' federal claims because the issues raised could have been litigated in prior state court proceedings.
• Gionis v. Headwest, Inc.
  799 So. 2d 416· Fla. 5th DCA· 2001-11-16 ·cited 5×
  George Gionis, a DER supervisor, appealed the trial court's denial of his motion for summary judgment based on qualified immunity in a § 1983 civil rights case. The Fifth District granted certiorari review of the non-final order, finding that the trial court erred by denying qual
• Connor v. Halifax Hosp. Med. Ctr.
  135 F. Supp. 2d 1198· M.D. Fla.· 2001-03-05 ·cited 5×·via 42 U.S.C. § 1983 Liability
  The court adopted the Magistrate Judge's Report and Recommendation, granting most motions to dismiss except for the fifth count against Halifax Medical Center Foundation, Inc., and granting plaintiffs leave to amend their complaint.
• Samarco v. Neumann
  44 F. Supp. 2d 1276· S.D. Fla.· 1999-03-04 ·cited 5×·via Violation Of 42 U.S.C. § 1983
  Summary judgment is granted for the defendants because the plaintiff failed to establish an unconstitutional policy or that the force used was excessive under the Fourth Amendment.
• Martinez v. S. Fla. Water Mgmt. Dist.
  705 So. 2d 611· Fla. 4th DCA· 1997-12-24 ·cited 5×·via Violation Of 42 U.S.C. § 1983
  Martinez, a former employee of the South Florida Water Management District, challenged his termination for a positive drug test, claiming violations of the Drug-Free Workplace Act and the Rehabilitation Act. The court held that the District is not a state "agency" under the Drug-
• Hernandez v. Metro-Dade Cnty.
  992 F. Supp. 1365· S.D. Fla.· 1997-05-07 ·cited 5×
  The court held that a Section 1983 claim against the City for deliberate indifference, a false arrest/imprisonment claim against the City, and a false arrest/imprisonment claim against the officer could proceed, but a negligence claim against the City was dismissed.
• Pinchot v. First Fla. Banks, Inc.
  666 So. 2d 201· Fla. 2d DCA· 1995-12-22 ·cited 5×
  Appellants Michael and Kathleen Pinchot challenged two summary judgments entered against them in their action for damages arising from Michael Pinchot's alleged false arrest by a Clearwater police officer shortly after cashing a check at First Florida Bank. The court reversed bot
• Kubany v. Sch. Bd. of Pinellas Cnty.
  839 F. Supp. 1544· M.D. Fla.· 1993-11-20 ·cited 5×
  The court held that individual school officials were entitled to qualified immunity, but the School Board could be liable for Count Three, which alleged a flawed appeal process.
• Versarge v. The Twp. OF Clinton NEW Jersey
  984 F.2d 1359· 3d Cir.· 1993-02-02 ·cited 5×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff's speech, motivated by personal animosity and causing significant disruption within the volunteer fire company, was not protected by the First Amendment, and thus his expulsion was permissible.