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

• Mrs. Patsy Ruth White v. Dallas Indep. Sch. Dist.
  566 F.2d 906· 5th Cir.· 1978-01-26 ·cited 2×
• Garnet Vinson v. Richmond Police Dept.
  567 F.2d 263· 4th Cir.· 1977-12-12 ·cited 2×
  The court affirmed the dismissal of the § 1983 action against the named defendants because neither the Police Department nor the Commonwealth Attorney are proper defendants under § 1983, and any claims against individual officers would be time-barred.
• Benjamin H. Munson, M.D. v. Janklow
  563 F.2d 933· 8th Cir.· 1977-10-21 ·cited 2×
• Freeman v. Lockhart
  561 F.2d 728· 8th Cir.· 1977-09-01 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the district court's findings were not clearly erroneous and that the appellant failed to establish deliberate indifference to serious medical needs, thus affirming the dismissal of the section 1983 claim.
• FOX v. Sullivan
  558 F.2d 235· 5th Cir.· 1977-08-24 ·cited 2×
  The court held that the district court's findings of fact were not clearly erroneous.
• Wester v. Jones
  554 F.2d 1285· 4th Cir.· 1977-05-19 ·cited 2×·via 42 U.S.C. § 1983 Action
  A prisoner's allegations of a doctor's negligence or incorrect diagnosis do not constitute deliberate indifference to serious medical needs, which is required to state a constitutional claim under the Eighth Amendment.
• Mondragon v. Tenorio
  554 F.2d 423· 10th Cir.· 1977-05-09 ·cited 2×
  The court held that the actions of the Anton Chico Land Grant Trustees, as governed by New Mexico statutes, did not constitute action 'under color of state law' for the purposes of a 42 U.S.C. § 1983 claim.
• Rocker v. Huntington
  550 F.2d 804· 2d Cir.· 1977-02-24 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  A probationary teacher's dismissal, if based on legitimate performance concerns, will be upheld even if some protected speech occurred, provided the dismissal was not motivated by that speech.
• Gray v. Sherril
  542 F.2d 953· 5th Cir.· 1976-11-26 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the trial court did not err in denying a mistrial or in admitting character evidence.
• Alcala v. Burns
  545 F.2d 1101· 8th Cir.· 1976-11-05 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that denying A.F.D.C. cash benefits to pregnant women without existing children does not violate the Equal Protection or Due Process Clauses, and summary judgment for defendants was proper.
• Chamberlain v. Wichita Falls Indep. Sch. Dist.
  539 F.2d 566· 5th Cir.· 1976-09-27 ·cited 2×
  The court held that the school district's termination of a continuing contract teacher did not violate due process or equal protection, and that a voir dire examination of board members was not constitutionally required.
• Dean v. Shirer
  547 F.2d 227· 4th Cir.· 1976-08-30 ·cited 2×
  A judge is protected by judicial immunity for actions taken within his judicial capacity, even if those actions are alleged to be malicious or in excess of jurisdiction, provided there is not a clear absence of subject-matter jurisdiction.
• Poirier v. Carson
  537 F.2d 823· 5th Cir.· 1976-08-25 ·cited 2×·via 42 U.S.C. § 1983 Action
• Ralph Vernon Ford, M.D. v. Harris Cnty. Med. Soc'y
  535 F.2d 321· 5th Cir.· 1976-07-19 ·cited 2×
  The court held that the Harris County Medical Society's actions did not constitute state action, thus a § 1983 claim could not be brought.
• Pehler v. Schoen
  537 F.2d 970· 8th Cir.· 1976-07-09 ·cited 2×
  The court held that the prisoner's claim for injunctive relief from adverse conditions of confinement due to a detainer was moot after his transfer to Louisiana, and his request for release or parole revocation prevention was a habeas corpus claim requiring exhaustion of state re
• Schaefer v. Tannian
  538 F.2d 1234· 6th Cir.· 1976-06-25 ·cited 2×
  The court held that the district court's preliminary injunction improperly extended to male officers hired with CETA funds and that the issue of retroactive seniority for victims of discrimination requires further consideration in light of Franks v. Bowman.
• Sigmon v. POE
  528 F.2d 311· 4th Cir.· 1975-12-12 ·cited 2×
  The court affirmed the denial of preliminary injunctive relief, finding the lower court's determination that the Board's action was not arbitrary or capricious was not clearly erroneous.
• Wood v. Okey A. Mills
  528 F.2d 321· 4th Cir.· 1975-10-22 ·cited 2×·via 42 U.S.C. § 1983 Action
  Gender-based wage differentials for substantially similar work violate the Equal Protection Clause of the Fourteenth Amendment, but denial of back pay and attorney fees may be affirmed if the defendant did not act with discriminatory intent or malice.
• Wooten v. Sgt. Garland Shook
  527 F.2d 976· 4th Cir.· 1975-09-16 ·cited 2×
  In one case, summary judgment for the defendant was affirmed because no genuine issue of material fact existed. In the other case, dismissal of a pro se prisoner's complaint for failure to state a claim was reversed because the allegations, though vague, were sufficient to warran
• Calo v. Paine
  521 F.2d 411· 2d Cir.· 1975-08-18 ·cited 2×
  The court held that the district court erred in granting summary judgment on the plaintiff's First Amendment claim, as recent Supreme Court precedent requires consideration of such claims even for probationary employees.
• Carter v. Kilbane
  519 F.2d 1370· 6th Cir.· 1975-07-31 ·cited 2×
  The court held that the Ohio grand jury indictment was sufficient for federal constitutional purposes to determine probable cause, and that class certification was inappropriate.
• Fontaine v. Walls
  515 F.2d 884· 5th Cir.· 1975-07-11 ·cited 2×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that a prisoner's suit for damages based on alleged physical mistreatment and improper confinement is a Section 1983 claim, not subject to the exhaustion requirement for habeas corpus actions.
• Lynott v. Stewart
  505 F.2d 1023· 5th Cir.· 1974-12-30 ·cited 2×
  A district court cannot deny a prisoner's request to proceed in forma pauperis based on the possibility that their financial situation might improve in the future and that statutes of limitations are tolled.
• Kurlan v. Callaway
  510 F.2d 274· 2d Cir.· 1974-12-27 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  National Guard members who qualified for transfer to the Standby Reserve before July 10, 1974, and applied before that date, are entitled to transfer, even if the Governor later modified consent.
• Houston A. Wheeler, Jr. v. Procunier
  508 F.2d 888· 9th Cir.· 1974-12-23 ·cited 2×
  The court held that the decision in Clutchette v. Procunier shall only be applied prospectively, and the district court did not err in dismissing the appellant's action.
• Sparks v. Fuller
  506 F.2d 1238· 1st Cir.· 1974-11-21 ·cited 2×
  The court held that prisoner complaints alleging only minor inconveniences without purposeful discrimination or denial of due process do not state a claim cognizable in federal court.
• Broderick v. di Grazia
  504 F.2d 643· 1st Cir.· 1974-10-25 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiffs' claims were not ripe for judicial review and thus did not state a claim upon which relief could be granted.
• Enoch Dickinson, Jr. v. Chief OF Police
  499 F.2d 336· 5th Cir.· 1974-08-28 ·cited 2×
  The court held that the district court properly dismissed the pro se complaint as frivolous, given the trial judge's personal knowledge and the record evidence rebutting the allegations.
• Mathews v. Little
  498 F.2d 1068· 5th Cir.· 1974-08-19 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that Atlanta's requirement of a petition signed by two percent of registered voters is a reasonable alternative to a filing fee for ballot access, consistent with constitutional standards.
• Delilah B. Blanks v. Register
  493 F.2d 697· 4th Cir.· 1974-03-26 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that the civil rights action was premature because the plaintiff had not yet been rejected for the position or had anyone else appointed, thus no justiciable case or controversy existed.
• Uldine Kuri v. Edelman
  491 F.2d 684· 7th Cir.· 1974-02-11 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court denied the motion for an injunction pending appeal, finding no strong showing of likely success on the merits for the plaintiffs' claim that the state's AFDC income reporting program violated federal law or the Constitution.
• Huber v. Union Planters Nat'l Bank OF Memphis
  491 F.2d 846· 6th Cir.· 1974-02-07 ·cited 2×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the plaintiff was deprived of her automobile without due process of law, in violation of the Constitution.
• Johnson v. Netterville
  488 F.2d 394· 5th Cir.· 1974-01-14 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that a federal district court judge lacks jurisdiction to grant an injunction restraining the enforcement of a state statute when the claim involves the statute's constitutionality, requiring a three-judge court.
• Gertrude Armstead v. Escobedo
  488 F.2d 509· 5th Cir.· 1974-01-14 ·cited 2×
  The court held that a private citizen is not liable for false imprisonment when they mistakenly identify a suspect to police, as long as they do not direct the police to make the arrest.
• Jeffries v. Jule Sugarman
  481 F.2d 414· 2d Cir.· 1973-06-29 ·cited 2×
  The court held that the case should be remanded to the district court for reconsideration in light of the Supreme Court's decision in Dublino, which clarified the preemption of state work rules by the federal WIN program.
• Johnson v. Capitol City Lodge NO. 74
  477 F.2d 601· 4th Cir.· 1973-05-01 ·cited 2×
  The court held that the district court erred in refusing to grant affirmative relief to eliminate the discriminatory effects of the police lodge's membership policies.
• Bilton v. Beto
  470 F.2d 988· 5th Cir.· 1972-12-27 ·cited 2×
  Summary dismissal of a civil rights suit alleging a risk of serious bodily injury or death is improper if the plaintiff is not afforded an opportunity to substantiate their claim.
• Startz v. Cullen
  468 F.2d 560· 2d Cir.· 1972-10-30 ·cited 2×
  The court held that the prison authorities' efforts to manage the prisoner's medical condition were sincere and reasonable, thus not rising to the level of a constitutional violation.
• People CAB Co. v. Bloom
  472 F.2d 163· 3d Cir.· 1972-10-20 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that a slander claim does not violate the Civil Rights Act and that other allegations lacked the required factual specificity.
• Leonard v. Jule Sugarman
  466 F.2d 1366· 2d Cir.· 1972-09-15 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff's appeal failed to present a substantial federal question, thus affirming the dismissal of his complaint.
• Wardrop v. Dean
  459 F.2d 1030· 3d Cir.· 1972-05-01 ·cited 2×
  The court held that even if the Public Defender acted under color of state law, the prisoner's allegations did not give rise to a federal claim for relief.
• Brennan v. Haines
  455 F.2d 943· 3d Cir.· 1972-02-11 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that statutory procedures for filling interim vacancies on a township board of commissioners by appointment by remaining board members do not violate the Fourteenth Amendment's Equal Protection Clause.
• Ceinwein King-Smith v. Mrs. M. L. Aaron
  455 F.2d 378· 3d Cir.· 1972-02-02 ·cited 2×
  The court held that federal courts should not abstain from hearing a civil rights claim alleging discriminatory denial of teaching employment based on blindness, as no unclear state law issue was presented.
• West Tennessee Aclu v. City OF Memphis
  454 F.2d 1162· 6th Cir.· 1972-01-25 ·cited 2×
  The court held that the district court should have dismissed the action and allowed parties to resort to state courts for relief based on state law.
• Hancock v. Avery
  452 F.2d 1214· 6th Cir.· 1972-01-05 ·cited 2×
  The court held that the trial court's findings of no damages and compliance with the injunction were not clearly erroneous.
• Cornist v. Richland Parish Sch. Bd.
  448 F.2d 594· 5th Cir.· 1971-09-17 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  A plaintiff alleging a violation of civil rights under 42 U.S.C. § 1983 does not need to exhaust state court remedies before prosecuting an action in federal court.
• Miller v. Kusper
  445 F.2d 1059· 7th Cir.· 1971-07-15 ·cited 2×
  The court held that the plaintiffs failed to state a claim under 42 U.S.C. § 1983 because the city officials' refusal to provide computerized voter data did not constitute a misuse of power or an abridgment of constitutional rights.
• Hunter v. City Solicitor
  444 F.2d 1395· 3d Cir.· 1971-07-02 ·cited 2×
  The court held that the City of Philadelphia is not a "person" under the Civil Rights Act and that the City Solicitor was properly dismissed as the complaint lacked specific allegations against him and his duties did not involve the matter.
• Latham v. Tynan
  435 F.2d 1248· 2d Cir.· 1970-12-16 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the claim of unconstitutionality of Connecticut's Motor Vehicle Financial Responsibility Act was not so unsubstantial as to avoid the requirement of a three-judge district court.
• Spears v. Robinson
  431 F.2d 1089· 8th Cir.· 1970-09-22 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiffs' claims could not be aggregated to meet the jurisdictional amount requirement for federal question jurisdiction under 42 U.S.C. § 1983, as the claim involved property rights rather than personal liberties.