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

• Heath v. Redbud Hosp. Dist.
  620 F.2d 207· 9th Cir.· 1980-05-30 ·cited 4×
  The court held that the plaintiff's termination did not violate due process because she had no constitutionally protected property interest in her employment and no liberty interest was implicated.
• JOE v. Honorable Roy Marcum
  621 F.2d 358· 10th Cir.· 1980-05-16 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that a state court garnishment proceeding to attach wages earned on a Navajo Indian Reservation by a Navajo Indian employee of a company operating on the reservation is preempted by federal law and impinges upon tribal sovereignty.
• Robinson v. Price
  615 F.2d 1097· 5th Cir.· 1980-04-24 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in granting a directed verdict, as the plaintiff's termination for participating in a church committee, which conflicted with the Association's policy due to a board member's involvement, may have infringed his First Amendment rights.
• Capili v. Ned Shott
  620 F.2d 438· 4th Cir.· 1980-04-14 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the hospital's exclusive contract for anesthesiology services was supported by a rational basis and did not violate the Sherman Act or civil rights.
• Gross v. Univ. OF Tenn. & Charles B. McCall
  620 F.2d 109· 6th Cir.· 1980-04-09 ·cited 4×
  The court held that the plaintiffs' termination did not violate 42 U.S.C. § 1983 or the Fourteenth Amendment, and summary judgment for the university was proper.
• Waste Mgmt. OF Wis., Inc. v. Fokakis
  614 F.2d 138· 7th Cir.· 1980-02-01 ·cited 4×·via 42 U.S.C. § 1983 Action
  Federal courts lack jurisdiction to hear a corporation's collateral attack under 42 U.S.C. § 1983 on a state court criminal conviction, as habeas corpus is the exclusive federal remedy for such attacks.
• Ledford v. Delancey
  612 F.2d 883· 4th Cir.· 1980-01-09 ·cited 4×·via 42 U.S.C. § 1983 Liability
  A plaintiff who lacks a legal qualification for a job cannot claim a First Amendment or due process violation from termination, but may have a claim regarding substantially false information in their personnel file.
• Kasap v. Timothy B. Moritz, M.D.
  613 F.2d 138· 6th Cir.· 1980-01-02 ·cited 4×
  The court held that the district court correctly abstained under the Pullman doctrine to allow Ohio courts to interpret the challenged involuntary commitment statute.
• Lopez v. Arraras
  606 F.2d 347· 1st Cir.· 1979-10-10 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the case must be remanded because of serious doubts concerning the district court's jurisdiction and because HUD is a necessary party for proper resolution.
• LaSALLE Nat'l Bank under Tr. No. 44891 v. Rosewell
  604 F.2d 530· 7th Cir.· 1979-08-24 ·cited 4×·via 42 U.S.C. § 1983 Action
  The Tax Injunction Act does not bar federal jurisdiction over a civil rights action seeking to enjoin the collection of state taxes if the state's legal remedy is not plain, speedy, and efficient, particularly when that remedy fails to provide interest on refunds.
• Gomez v. Astol Calero Toledo
  602 F.2d 1018· 1st Cir.· 1979-08-07 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a plaintiff suing a public official under 42 U.S.C. § 1983 must sufficiently allege facts demonstrating the official acted in bad faith to overcome qualified immunity.
• Williams v. Dolph Briscoe
  599 F.2d 620· 5th Cir.· 1979-07-10 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the case should be remanded to the district court to determine the effect of Greenholtz on the Texas parole statute.
• Fillinger v. The Cleveland Soc'y FOR the Blind
  591 F.2d 378· 6th Cir.· 1979-01-18 ·cited 4×
  The court held that it had the power to order the district court to retain jurisdiction pending administrative and arbitration remedies under the Randolph-Sheppard Act, and that issues of standing, class action, laches, and estoppel should be addressed by the administrative bodie
• Mulherin v. O'Brien
  588 F.2d 853· 1st Cir.· 1978-12-29 ·cited 4×
  The court should not dismiss a complaint for failure to state a cause of action without a full factual development, especially when constitutional rights are implicated.
• Muzquiz v. City OF SAN Antonio
  586 F.2d 529· 5th Cir.· 1978-12-20 ·cited 4×
  The court held that while the City and Board are now potentially suable under § 1983, this change does not alter the prior conclusion that no constitutional violations were established.
• W. Food Plan, Inc. v. MacFARLANE
  588 F.2d 778· 10th Cir.· 1978-12-04 ·cited 4×
  The court held that while abstention was proper due to pending state court proceedings, dismissal of the federal action was incorrect; the federal court should retain jurisdiction.
• Haywood v. Ball
  586 F.2d 996· 4th Cir.· 1978-11-17 ·cited 4×
  The court held that the district court erred in dismissing the state law negligence claim after a jury verdict, and that the plaintiff waived his right to appeal jury instructions by failing to object.
• Torres v. Astol Calero Toledo
  586 F.2d 858· 1st Cir.· 1978-11-08 ·cited 4×
  The court held that the defendant, Superintendent Calero, lacked standing to appeal because the Commonwealth of Puerto Rico had assumed all financial obligations and responsibilities, leaving him with no personal stake in the outcome.
• Earnest Richardson v. The City OF Conroe
  582 F.2d 19· 5th Cir.· 1978-10-11 ·cited 4×
  The court held that the jury charge adequately presented the issue of police officer liability for a constitutional tort, and that the jury's finding of good faith refuted the appellant's claims.
• Frey v. Panza
  583 F.2d 113· 3d Cir.· 1978-08-31 ·cited 4×
  The court held that the district court's dismissal order should be vacated and the case remanded for further consideration in light of recent Supreme Court decisions on Fourth Amendment protections.
• Ether L. Barnes v. Jones Cnty. Sch. Dist.
  575 F.2d 490· 5th Cir.· 1978-06-19 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court's finding that racial bias was not a factor in the decision not to rehire the plaintiff was not clearly erroneous, and thus affirmed the judgment for the defendants.
• Robert and Angeles O'Grady v. City OF Montpelier
  573 F.2d 747· 2d Cir.· 1978-03-27 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in dismissing the complaint for lack of jurisdiction and failure to state a claim, as the factual record was insufficient to determine the constitutional questions presented.
• Burnett v. McNABB
  565 F.2d 398· 6th Cir.· 1977-11-04 ·cited 4×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the Beer Board members were immune from suit because they acted in good faith in their quasi-judicial capacity. The court also held that there was no pendent federal jurisdiction under the cited Tennessee statute.
• Andre v. Bd. OF Trs. OF the Vill. OF Maywood
  561 F.2d 48· 7th Cir.· 1977-07-27 ·cited 4×
  The court held that the municipal residency ordinance does not violate the Due Process Clause, the Contract Clause, or the Equal Protection Clause of the Fourteenth Amendment.
• COX Bakeries OF N.D., Inc. v. Timm Moving & Storage, Inc.
  554 F.2d 356· 8th Cir.· 1977-05-12 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  A state statute allowing a warehouseman to sell stored goods to satisfy a disputed debt without a prior hearing violates the Due Process Clause of the Fourteenth Amendment.
• Cornell Reynolds v. Abbeville Cnty. Sch. Dist. NO. 60
  554 F.2d 638· 4th Cir.· 1977-05-11 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the discharge of Reynolds was discriminatory, requiring consideration for reinstatement.
• Smith v. Klecker
  554 F.2d 848· 8th Cir.· 1977-04-19 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the defamation claim failed to state a federal claim and that defendants were likely immune from damages.
• Howard v. Lemmons
  547 F.2d 290· 5th Cir.· 1977-02-18 ·cited 4×
  The court held that a § 1983 claim requires state action, and a § 1985(3) claim was not stated under existing precedent.
• Wolder v. Clare J. Rahm
  549 F.2d 543· 8th Cir.· 1977-02-09 ·cited 4×
  The court held that the plaintiff's federal civil rights action was barred by the Iowa statute of limitations for claims against a decedent's estate, despite not being barred by the doctrine of election of remedies.
• Bury v. McINTOSH
  540 F.2d 835· 5th Cir.· 1976-10-15 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that an employee who voluntarily resigns is not entitled to due process protections, and the trial court's finding of voluntariness was not clearly erroneous.
• Guesnon v. McHENRY
  539 F.2d 1075· 5th Cir.· 1976-10-04 ·cited 4×
  The court held that a private cause of action cannot be implied from the HUD regulation at issue, and the case should be remanded to allow for HUD's participation.
• Kornit v. Bd. of Educ.
  542 F.2d 593· 2d Cir.· 1976-09-15 ·cited 4×
  The court held that a school board is not a 'person' under 42 U.S.C. § 1983, divesting federal courts of subject matter jurisdiction.
• Walton v. Salter
  547 F.2d 824· 5th Cir.· 1976-07-14 ·cited 4×
  The court held that the complaint failed to plead the jurisdictional theory advanced on appeal, which was a pattern of negligent police vehicle operation.
• Leatha Benita Sims v. Waln
  536 F.2d 686· 6th Cir.· 1976-06-15 ·cited 4×
  The court affirmed the dismissal of the plaintiff's claims, finding that while the federal claims were not constitutionally insubstantial, they ultimately failed on the merits.
• Stephenson v. Gaskins
  531 F.2d 765· 5th Cir.· 1976-05-14 ·cited 4×·via 42 U.S.C. § 1983 Action
  A sheriff is shielded by qualified immunity in § 1983 false imprisonment suits, requiring a determination of good faith and reasonableness, not an outright dismissal.
• Gilbert v. Honorable James S. Corcoran
  530 F.2d 820· 8th Cir.· 1976-03-03 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  Dismissal of the civil rights action against the judge, prosecutor, and public defenders was proper.
• Perry v. ST. Pierre
  518 F.2d 184· 2d Cir.· 1975-05-29 ·cited 4×
  The court held that the City Charter section prohibiting police officers from engaging in political activity was not unconstitutional on its face and affirmed the denial of a preliminary injunction.
• Grow v. Smith
  511 F.2d 1146· 9th Cir.· 1975-02-26 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the Eleventh Amendment bars suits for retroactive welfare benefits and that the challenged state regulation requiring minimal information to determine current need is consistent with federal law. The court also remanded for consideration of amended regulations
• Guerrero v. Hauck
  502 F.2d 579· 5th Cir.· 1974-10-07 ·cited 4×
  The district court erred in dismissing the complaint with prejudice and denying the motion to vacate that dismissal.
• Henderson v. Warden, Thrower
  497 F.2d 125· 5th Cir.· 1974-07-12 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that jail officials acting under a federal contract to house federal prisoners are still liable under 42 U.S.C. § 1983 for deprivation of adequate medical care.
• Jones v. Connors
  496 F.2d 82· 5th Cir.· 1974-06-21 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that a pro se prisoner's complaint alleging constitutional violations regarding transfer, privileges, and property deprivation cannot be dismissed without factual development.
• Holiday Magic, Inc. v. Warren
  497 F.2d 687· 7th Cir.· 1974-05-20 ·cited 4×·via 42 U.S.C. § 1983 Action
  A single district judge erred by dismissing a complaint challenging a state regulation on constitutional grounds without convening a three-judge court, as the constitutional claims presented were not insubstantial.
• Anderson v. DeCRISTOFALO
  494 F.2d 321· 2d Cir.· 1974-03-13 ·cited 4×
  The court held that the good faith-reasonable belief defense is available in § 1983 actions and that the police officers acted in good faith and reasonable belief. The court also reversed the judgment for wrongful eviction under state law.
• Hutcherson v. Lehtin
  485 F.2d 567· 9th Cir.· 1973-09-19 ·cited 4×
  The court held that res judicata bars a federal civil rights action raising the same constitutional issue previously decided by a state court.
• Beightol v. Kunowski
  486 F.2d 293· 3d Cir.· 1973-09-19 ·cited 4×
  The court held that the allegations of unlawful detention for fingerprinting and photographing, while not in custody and without a warrant, state a claim under 42 U.S.C. § 1983.
• Reilly v. Doyle
  483 F.2d 123· 2d Cir.· 1973-07-26 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court properly dismissed the complaint because federal intervention was inappropriate, the allegations did not sufficiently detail a conspiracy under color of state law, and the plaintiffs failed to allege excessive force or discriminatory enforce
• Mattingly v. Elias
  482 F.2d 526· 3d Cir.· 1973-07-09 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in requiring tenants to present retaliatory eviction claims in state court, but correctly dismissed claims for warranty of habitability and unconscionability due to lack of federal jurisdiction.
• Patterson v. Hopkins
  481 F.2d 640· 5th Cir.· 1973-06-14 ·cited 4×
  The court held that the trial judge's decree prescribing jail practices and facilities was an acceptable disposition, denying monetary damages.
• Lassie Fay Wilkerson v. The City OF Coralville
  478 F.2d 709· 8th Cir.· 1973-04-30 ·cited 4×
  The court held that the Equal Protection Clause does not prohibit a municipality from refusing to annex an impoverished area, as there is no constitutional right to annexation or municipal services.
• United States ex rel. Paul E. Arzonica v. Scheipe
  474 F.2d 720· 3d Cir.· 1973-02-27 ·cited 4×
  The court held that the warden's statements and the prisoner's transfer did not state a claim under 42 U.S.C. § 1983, but the solitary confinement issue requires reconsideration in light of recent case law.