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

• Dickey v. Greene
  710 F.2d 1003· 4th Cir.· 1983-05-31 ·cited 4×
  A Title VII plaintiff must file an EEOC charge against the party they intend to sue, and naming only the employer in the charge is insufficient to bring individual defendants before the court.
• Home Health Servs., Inc. v. Alton B. Currie, Jr., M.D.
  706 F.2d 497· 4th Cir.· 1983-05-17 ·cited 4×
  The court held that there is no implied cause of action for a provider under 42 U.S.C. § 1395a.
• Nely L. Johnson v. Sedley N. Stuart
  702 F.2d 193· 9th Cir.· 1983-03-25 ·cited 4×
  The court held that public school teachers lacked standing to challenge the constitutionality of Oregon's textbook selection statute, but students and parents did have standing and their claims were ripe for review.
• Reichert v. Draud
  701 F.2d 1168· 6th Cir.· 1983-03-10 ·cited 4×
  The court held that the school board's decision to change a teacher's schedule would have been made regardless of her protected First Amendment activities, thus affirming the dismissal of her claim.
• Johnson v. Officer Swyka
  699 F.2d 675· 3d Cir.· 1983-02-18 ·cited 4×
  The court held that the Pennsylvania six-month limitation period was improperly utilized for a § 1983 employment discrimination claim against state officers.
• Green Miller, Jr. v. Barry
  698 F.2d 1259· D.C. Cir.· 1983-01-28 ·cited 4×
  A municipality cannot be held liable under 42 U.S.C. § 1983 or a Bivens action based solely on respondeat superior; the plaintiff must allege that an official policy caused the constitutional violation.
• Ozell Jones v. Wichita State Univ. & Nat'l Collegiate Athletic Ass'n
  698 F.2d 1082· 10th Cir.· 1983-01-24 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff's claim that NCAA eligibility rules violated the Equal Protection Clause did not present a substantial federal question, and even if it did, the rules were rationally related to legitimate objectives.
• David Yashon, M.D. v. William E. Hunt, M.D.
  696 F.2d 468· 6th Cir.· 1983-01-03 ·cited 4×
  The court held that the district court erred by assuming the existence of a protected property or liberty interest without making the required initial determination. The case is remanded for this determination.
• Manecke v. SCH. BD. of Pinellas Cnty.
  553 F. Supp. 787· M.D. Fla.· 1982-12-21 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the Rehabilitation Act of 1973 does not provide for private damage actions, and Section 504 rights cannot be asserted under 42 U.S.C. § 1983 for damages.
• S. Fla. Chapter of the Associated Gen. Contractors of Am., Inc. v. Metro. Dade Cnty.
  552 F. Supp. 909· S.D. Fla.· 1982-12-16 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the 'set-aside' provision of the county's race-conscious ordinance, which limited competition for certain contracts exclusively among Black contractors, violated the Equal Protection Clause of the Fourteenth Amendment, but the 'goals' provision, setting a perc
• Williams v. Morris
  697 F.2d 1349· 10th Cir.· 1982-12-06 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the availability of a state court remedy for negligent loss of property by prison employees satisfies due process requirements for a section 1983 claim.
• Wolkenstein v. Reville
  694 F.2d 35· 2d Cir.· 1982-11-18 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that Superintendent Reville's role in evaluating objections to strike participation determinations did not violate due process, as he lacked a disqualifying personal or institutional interest and his decisions were subject to judicial review.
• Miller v. Hartwood Apts., Ltd.
  689 F.2d 1239· 5th Cir.· 1982-10-28 ·cited 4×
  The court held that the district court's dismissal was proper because the appellants failed to demonstrate sufficient federal action to support their § 1983 claim, despite the inapplicability of res judicata.
• Neal v. Crawford A. Howell & The City of Rock Hill
  689 F.2d 473· 4th Cir.· 1982-09-10 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that even if a plaintiff's protected conduct was a motivating factor in an adverse employment decision, the employer can prevail if they demonstrate the same decision would have been made regardless of the protected conduct.
• Desris v. The City OF Kenosha
  687 F.2d 1117· 7th Cir.· 1982-09-09 ·cited 4×
  Firefighters participating in two different pension plans are not similarly situated for Equal Protection purposes, even if they hold the same job title.
• Cozart v. Winfield
  687 F.2d 1058· 7th Cir.· 1982-09-02 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  A township regulation imposing a thirty-day waiting period for General Assistance benefits for those terminated for cause is permissible under Illinois law and does not violate the Fourteenth Amendment's Due Process or Equal Protection clauses.
• Freier v. NEW York Life Ins. Co.
  679 F.2d 780· 9th Cir.· 1982-06-14 ·cited 4×
  The court held that the appellant's Sherman Antitrust claim was barred by the McCarran-Ferguson Act and also failed to state a claim, and that her § 1983 and conversion claims failed for lack of state action and applicability of precedent, respectively.
• Walker v. Lockhart
  678 F.2d 68· 8th Cir.· 1982-05-19 ·cited 4×
  The court granted the inmate's petition for an injunction pending appeal, requiring prison officials to maintain his current conditions of confinement.
• Whittle v. Delter Wiseman
  683 F.2d 1128· 8th Cir.· 1982-04-16 ·cited 4×
  The court held that the district court erred by not considering the Arkansas saving statute when dismissing the plaintiff's refiled action.
• Buffalo Teachers Fed'n, Inc. v. Helsby
  676 F.2d 28· 2d Cir.· 1982-04-01 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the dues checkoff forfeiture provision of the Taylor Law, as applied, does not violate the Equal Protection Clause because the distinction between PERB and mini-PERBs has a rational basis and the application was not discriminatory.
• Jureczki v. The City OF Seabrook
  668 F.2d 851· 5th Cir.· 1982-02-26 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in dismissing the plaintiff's complaint without an adequate hearing and without considering the Younger v. Harris abstention doctrine after state proceedings had concluded.
• Loyal Eugene Blair v. Supreme Court OF the State OF Wyo.
  671 F.2d 389· 10th Cir.· 1982-02-17 ·cited 4×
  The court held that the plaintiff failed to state a claim for unconstitutional deprivation of parental rights, as the state court proceedings were constitutionally adequate and issues were precluded from relitigation.
• Sovereign News Co. v. Falke
  674 F.2d 484· 6th Cir.· 1982-02-04 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the district court had too narrowly construed the Ohio Supreme Court's opinion regarding the obscenity statute's constitutionality.
• Hejl v. The State OF Tex.
  664 F.2d 1273· 5th Cir.· 1982-01-04 ·cited 4×
  The court held that the district court did not abuse its discretion in dismissing the plaintiff's action with prejudice due to a clear record of delay and contumacious conduct.
• Ward v. Johnson
  667 F.2d 1126· 4th Cir.· 1981-12-30 ·cited 4×
  The dissenting judge believes the presiding officer in administrative proceedings is immune from personal liability under § 1983 for evidentiary rulings.
• Berry v. Battey
  666 F.2d 1183· 8th Cir.· 1981-12-15 ·cited 4×
  The court affirmed the jury verdict, holding that the district court did not err in its evidentiary rulings, application of the statute of limitations, or jury instructions regarding the First Amendment claim.
• Steffen v. Housewright
  665 F.2d 245· 8th Cir.· 1981-12-07 ·cited 4×
  The court held that a prisoner's claim for tortious loss of property due to random and unauthorized acts of state employees does not violate the Due Process Clause if the state provides a remedy.
• Street v. P. G. Cnty. Police Detective Cherba
  662 F.2d 1037· 4th Cir.· 1981-10-01 ·cited 4×·via 42 U.S.C. § 1983 Action
  Police officers are entitled to qualified immunity if they acted with a reasonable and good faith belief that they acted lawfully, even if their actions were later found unlawful.
• Jackson v. Ala. Dep't OF Pub. Safety
  657 F.2d 689· 5th Cir.· 1981-09-28 ·cited 4×·via Section 1983
  The court held that a claim alleging non-compliance with a prior consent decree must be litigated within that existing class action, not as a new independent suit.
• Sherman v. Ellis MacDOUGALL
  656 F.2d 527· 9th Cir.· 1981-09-17 ·cited 4×
  Summary judgment was correct regarding magazines, but the case must be remanded for a hearing on the issue of legal mail being opened.
• Local 2106, Int'l Ass'n OF Firefighters, AFL-CIO v. City OF Rock Hill
  660 F.2d 97· 4th Cir.· 1981-09-17 ·cited 4×
  Rock Hill's policy denying municipal employees access to speak at city council meetings on employment matters, while allowing others to speak, violates the First and Fourteenth Amendments.
• Wallace v. City OF NEW Orleans
  654 F.2d 1042· 5th Cir.· 1981-08-31 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that a plaintiff pursuing a claim under 42 U.S.C. § 1983 must prove intent to discriminate, not merely disparate impact, and that the evidence presented did not meet this standard.
• Otten v. Schicker
  655 F.2d 142· 8th Cir.· 1981-07-27 ·cited 4×
  A police department regulation prohibiting employees from running for elective public office does not unconstitutionally infringe First Amendment rights, is not vague or overbroad, and does not violate equal protection.
• Gilday v. Boone
  657 F.2d 1· 1st Cir.· 1981-07-22 ·cited 4×
  The court held that the inmate's claim for injunctive relief was properly dismissed as moot, but his claim for damages should be remanded for further proceedings.
• Wasena Wooten v. Clifton Forge Sch. Bd.
  655 F.2d 552· 4th Cir.· 1981-07-21 ·cited 4×·via 42 U.S.C. § 1983 Claim For Violation Of Fourteenth Amendment Rights
  The court held that a principal reassigned to a teaching position with a salary reduction, under a continuing contract, did not have a protected property or liberty interest under the Fourteenth Amendment, as Virginia law permitted such reassignment without cause or a hearing. Th
• Moore v. Burger
  655 F.2d 1265· D.C. Cir.· 1981-05-22 ·cited 4×
  The court held that the pro se appellant's claims were properly dismissed because he lacked standing to sue the Justices and failed to state a claim against the federal government.
• Bacon v. Toia
  648 F.2d 801· 2d Cir.· 1981-05-04 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that certain amendments to New York's emergency assistance law denying cash aid to AFDC recipients and denying aid for loss or theft of grants violate the Equal Protection Clause, but upheld the statute against a Supremacy Clause challenge.
• Members OF the Bridgeport Hous. Auth. Police Force v. City OF Bridgeport
  646 F.2d 55· 2d Cir.· 1981-04-20 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the City did not violate Title VII, 42 U.S.C. §§ 1981, or 1983, but did violate the Model Cities Act by failing to grant civil service status to the Housing Police.
• Harald Schleiffer v. Meyers
  644 F.2d 656· 7th Cir.· 1981-03-16 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  A child under eleven does not possess an independent constitutional right to override a custodial parent's decision regarding relocation.
• Delaney v. Capone
  642 F.2d 57· 3d Cir.· 1981-02-27 ·cited 4×
  The appellate court affirmed the district court's judgment for the defendants on the merits but remanded for an explanation regarding the denial of costs.
• Ybarra v. Bastian
  647 F.2d 891· 9th Cir.· 1981-02-12 ·cited 4×
  The court held that the employee's conviction for murder extinguished any property or liberty interest in continued employment, thus precluding a procedural due process claim for denial of a post-termination hearing.
• Hagopian v. Trefrey
  639 F.2d 52· 1st Cir.· 1981-02-03 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the town manager did not possess a constitutionally protected property or liberty interest in his employment, as the town charter allowed for dismissal without cause and the charges were not sufficiently serious or specific.
• In re Suspension to Practice Before the United States Dist. Court of the S. Dist. of Iowa of John D. Randall. Appeal of John D. Randall. John D. Randall v. Reynoldson
  640 F.2d 898· 8th Cir.· 1981-01-21 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the federal district courts did not err in disbarring Randall based on the Iowa Supreme Court's disbarment, and Randall is disbarred from the Eighth Circuit.
• Eugene v. Klecker
  636 F.2d 250· 8th Cir.· 1980-12-31 ·cited 4×
  The court held that the disciplinary procedures at the North Dakota State Penitentiary did not violate the inmate's constitutional rights, affirming the dismissal of his complaint.
• Bowles v. Bennett
  629 F.2d 1092· 5th Cir.· 1980-11-06 ·cited 4×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  The court held that while the denial of the preliminary injunction was proper, the trial court erred in consolidating the preliminary injunction hearing with the trial on the merits without preserving the parties' right to a jury trial on the damages claim.
• Aubuchon v. State OF Mo.
  631 F.2d 581· 8th Cir.· 1980-10-08 ·cited 4×·via 42 U.S.C. § 1983 Action
  The State of Missouri is not a proper party to an action brought under 42 U.S.C. § 1983, and any individual named would be protected by judicial immunity.
• Haag v. Ward
  632 F.2d 206· 2d Cir.· 1980-09-30 ·cited 4×
  New York Penal Law § 70.30(1)(a) does not deny equal protection to a prisoner who has completed a prior felony sentence before commencing a second felony sentence.
• Modjeska M. Simkins v. Gressette
  631 F.2d 287· 4th Cir.· 1980-09-22 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiffs failed to state a substantial claim of unconstitutional vote dilution, and that equitable principles barred relief due to the delay in filing the lawsuit.
• Gloristeen Harris v. City OF Fort Myers
  624 F.2d 1321· 5th Cir.· 1980-08-28 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the trial court did not err in awarding attorney's fees to the plaintiffs, as they were the prevailing party, even though the judgment was by consent, and the award was based on appropriate standards.
• Mrazek v. Suffolk Cnty. Bd. OF Elections
  630 F.2d 890· 2d Cir.· 1980-07-25 ·cited 4×