42 U.S.C. § 1983

12,666 Florida cases classified under this topic, plus 447 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Peners L. Griffin and Henry L. Dejerinett v. Dugger
  823 F.2d 1476· 11th Cir.· 1987-09-23 ·cited 69×
  The dissent argues that the majority erred in holding that the plaintiff did not meet the second element of the single-filing rule, asserting that the plaintiff's claim arose out of similar discriminatory treatment.
• Partridge v. TWO Unknown Police Officers OF the City OF Houston
  791 F.2d 1182· 5th Cir.· 1986-06-13 ·cited 69×
  The dissenting judge believes the majority opinion incorrectly interprets precedent and collapses the distinction between negligence and wanton conduct.
• Basiardanes v. City OF Galveston
  682 F.2d 1203· 5th Cir.· 1982-08-19 ·cited 69×
  The court held that the zoning ordinance restricting adult theaters was an unconstitutional prior restraint on speech because it was not narrowly tailored to serve a substantial governmental interest and effectively banned such theaters from the city.
• Linda (Sinklear) Lessman v. McCORMICK
  591 F.2d 605· 10th Cir.· 1979-01-26 ·cited 69×
  The court held that the complaint sufficiently stated a claim for false arrest and imprisonment under 42 U.S.C. § 1983 against the arresting officer and bank employee, but not for claims under 42 U.S.C. §§ 1985 and 1986 due to lack of class-based discriminatory animus.
• Firefighters Inst. FOR Racial Equal. v. City OF ST. Louis
  549 F.2d 506· 8th Cir.· 1977-02-02 ·cited 69×
  A fire department's written promotional exam is invalid under Title VII if it has a disparate racial impact and fails to test essential job-related skills, such as supervisory ability, even if the job analysis was thorough. Segregated informal eating arrangements among firefighte
• Askew v. Bloemker
  548 F.2d 673· 7th Cir.· 1976-12-30 ·cited 69×
  Federal agents acting under federal authority are not subject to suit under 42 U.S.C. § 1983, and a § 1985(3) claim requires a class-based discriminatory animus not present here. However, a genuine issue of material fact exists regarding whether federal agents reasonably believed
• Conover v. Honorable Frank M. Montemuro, Jr.
  477 F.2d 1073· 3d Cir.· 1972-12-20 ·cited 69×
  The court reinstated prior panel opinions, excluding portions on judicial immunity in § 1983 injunctive relief suits, and declined to rule on the issue.
• Breen v. Kahl
  419 F.2d 1034· 7th Cir.· 1969-12-03 ·cited 69×
  The dissenting judge believes the majority erred in holding that a school's dress code regulation on hair length violates the Constitution.
• Mulligan v. Detective Schlachter
  389 F.2d 231· 6th Cir.· 1968-02-09 ·cited 69×
• Jobson v. Henne
  355 F.2d 129· 2d Cir.· 1966-01-05 ·cited 69×
  The court held that state officials acting within their discretion in treating mental defectives are immune from suit under 42 U.S.C. § 1983.
• Charles v. Johnson
  18 F.4th 686· 11th Cir.· 2021-11-16 ·cited 68×
  Ethan Charles was arrested for resisting a law enforcement officer after a traffic stop and subsequently sued the arresting deputies and a civilian bystander under 42 U.S.C. § 1983 for excessive force, along with related state law and Rehabilitation Act claims. The Eleventh Circu
• Cambridge Christian Sch., Inc. v. Fla. High Sch. Athletic Ass'n, Inc.
  942 F.3d 1215· 11th Cir.· 2019-11-13 ·cited 68×·via 42 U.S.C. § 1983 Claim
  Cambridge Christian School sought to lead pre-game prayer over the loudspeaker at a state championship football game organized by the Florida High School Athletic Association, but the FHSAA denied the request based on Establishment Clause concerns. The Eleventh Circuit reversed t
• Alfaro Motors, Inc. v. Hon. Benjamin Ward
  814 F.2d 883· 2d Cir.· 1987-03-25 ·cited 68×
  The court affirmed the dismissal of the civil rights complaint, finding that claims against individual defendants were fatally defective and claims against the city failed to state a claim under § 1983.
• CAY v. W.J. Estelle, Jr.
  789 F.2d 318· 5th Cir.· 1986-05-12 ·cited 68×
  A district court may make limited credibility assessments to determine if an in forma pauperis suit is frivolous under 28 U.S.C. § 1915(d), but abused its discretion by making extensive credibility findings based on conflicting testimony without a full hearing.
• Thornton v. Wahl
  787 F.2d 1151· 7th Cir.· 1986-04-03 ·cited 68×
  The court held that a pending motion for a stay does not automatically stay a judgment, and sanctions under Rule 11 are appropriate for baseless legal arguments.
• Benson v. Cady
  761 F.2d 335· 7th Cir.· 1985-04-18 ·cited 68×·via Section 1983
  The court held that the allegations, read as a whole, do not state a claim of reckless disregard for serious medical needs satisfying the 'deliberate indifference' standard.
• Hagerty v. Succession OF Laura McCloskey Clement
  749 F.2d 217· 5th Cir.· 1984-12-17 ·cited 68×
  The federal district court correctly dismissed the section 1983 action for lack of subject matter jurisdiction and failure to state a claim, and the appeal is frivolous, warranting double costs and attorney's fees.
• Josiah L. Hoohuli v. Ariyoshi
  741 F.2d 1169· 9th Cir.· 1984-08-30 ·cited 68×
  The Eleventh Amendment does not bar injunctive relief against state officials for alleged Fourteenth Amendment violations, but claims for repayment to the state are barred by lack of standing. State officials are not protected by qualified immunity from suits seeking injunctions
• Ybarra v. Reno Thunderbird Mobile Home Vill.
  723 F.2d 675· 9th Cir.· 1984-01-10 ·cited 68×
  A prosecutor is absolutely immune from damages liability under 42 U.S.C. § 1983 for authorizing the release of evidence, as this is considered a quasi-judicial act within the scope of their authority. A supervisor cannot be held liable for a subordinate's constitutional deprivati
• Parks v. Watson
  716 F.2d 646· 9th Cir.· 1983-09-22 ·cited 68×
  The court held that conditioning a street vacation on the dedication of unrelated geothermal wells without just compensation violates the Fifth Amendment's unconstitutional conditions doctrine and the Equal Protection Clause. However, the court reversed and remanded the procedura
• Hadley v. Cnty. OF Du Page
  715 F.2d 1238· 7th Cir.· 1983-08-30 ·cited 68×
  The court held that a public employee's claim of de facto tenure based on individual assurances or longevity is insufficient to establish a property interest protected by the Fourteenth Amendment, and that a charge of mismanagement, without more, does not violate a liberty intere
• Hughes v. Whitmer
  714 F.2d 1407· 8th Cir.· 1983-08-04 ·cited 68×
  The court held that the majority's factual findings regarding the motivation for Hughes' transfer were not supported by the record and that Hughes' First Amendment claim was not frivolous.
• Hamm v. Members OF the Bd. OF Regents OF the State OF Fla.
  708 F.2d 647· 11th Cir.· 1983-07-01 ·cited 68×
  The court affirmed the dismissals of the plaintiff's claims, finding no error in the district court's rulings on procedural grounds, the scope of EEOC charges, or the application of legal standards for retaliation and discrimination.
• Knights OF THE KU Klux Klan Realm OF Louisiana v. E. Baton Rouge Parish Sch. Bd.
  679 F.2d 64· 5th Cir.· 1982-06-25 ·cited 68×
  The court held that the Equal Access to Justice Act (EAJA) may apply to cases pending on appeal when the Act became effective, and remanded the case for the district court to determine eligibility for fees.
• Martinez v. Aaron
  570 F.2d 317· 10th Cir.· 1978-01-23 ·cited 68×
  The court held that the trial court properly dismissed the inmates' § 1983 complaint as frivolous, approving the procedure of requiring the prison administration to develop a factual record before judicial review.
• Bramlet v. Wilson
  495 F.2d 714· 8th Cir.· 1974-04-10 ·cited 68×
  The dissenting judge believes the district court's dismissal should be affirmed, disagreeing with the majority's reversal.
• Cameron v. Brock
  473 F.2d 608· 6th Cir.· 1973-02-13 ·cited 68×
  The court held that supporters of a political candidate constitute a protected class under 42 U.S.C. § 1985(3) and that a sheriff's bonding company is liable for the sheriff's conspiracy to deprive a person of equal protection under the law.
• Bland v. McHANN
  463 F.2d 21· 5th Cir.· 1972-06-29 ·cited 68×
• Howell v. Cataldi
  464 F.2d 272· 3d Cir.· 1972-06-26 ·cited 68×
  The dissenting judge would reverse and remand for a new trial, finding sufficient evidence to permit a jury to conclude that the defendants assaulted the plaintiff, inflicting cruel and unusual punishment.
• Jones v. Metzger
  456 F.2d 854· 6th Cir.· 1972-03-14 ·cited 68×
  The court held that the district court properly assumed jurisdiction and did not abuse its discretion in ordering remedial actions for unconstitutional jail conditions.
• Richards v. Thurston
  424 F.2d 1281· 1st Cir.· 1970-04-28 ·cited 68×
  A public high school student's right to wear his hair at any length is a personal liberty protected by the Due Process Clause of the Fourteenth Amendment, and the school must demonstrate a legitimate state interest to justify an intrusion.
• Jackson v. Godwin
  400 F.2d 529· 5th Cir.· 1968-07-23 ·cited 68×
• Popham v. City OF Talladega
  908 F.2d 1561· 11th Cir.· 1990-08-20 ·cited 67×
  The court held that the facts presented did not rise to the level of deliberate indifference required for a constitutional violation under 42 U.S.C. § 1983, and affirmed the grant of summary judgment.
• Spruytte v. Walters
  753 F.2d 498· 6th Cir.· 1985-01-28 ·cited 67×
• State Bank OF ST. Charles v. Camic
  712 F.2d 1140· 7th Cir.· 1983-07-13 ·cited 67×
  The court held that the defendants' actions did not constitute a constitutional deprivation, and therefore summary judgment was properly granted.
• Carson v. Officer Polley
  689 F.2d 562· 5th Cir.· 1982-10-18 ·cited 67×
  The court held that the district court erred in excluding departmental performance reports for Deputy Sheriff Holley (relevant to intent) and Deputy Sheriff Ellis (relevant for impeachment), requiring a new trial.
• Fernandez v. Chardon
  681 F.2d 42· 1st Cir.· 1982-06-08 ·cited 67×
  A class action tolls the Puerto Rican statute of limitations during its pendency for all purported class members, and when class certification is denied for lack of numerosity, the limitations period begins to run anew. The Supreme Court's decision in Delaware State College v. Ri
• Dafro M. Jefferies v. Harris Cnty. Cmty. Action Ass'n
  615 F.2d 1025· 5th Cir.· 1980-04-21 ·cited 67×
  The court held that the district court erred by failing to address the claim of discrimination based on race and sex combined and by making a clearly erroneous finding regarding notice of an EEOC charge. The court affirmed the dismissal of the race discrimination claim.
• Mauro Ramirez v. Sloss
  615 F.2d 163· 5th Cir.· 1980-04-07 ·cited 67×
  The court held that the district court's factual findings were clearly erroneous and that the appellant established a prima facie case of employment discrimination under 42 U.S.C. §§ 1981 and 1983, which the city failed to rebut.
• Ballard v. Sheriff Spradley
  557 F.2d 476· 5th Cir.· 1977-08-12 ·cited 67×·via 42 U.S.C. § 1983 Action
  The court held that appellate jurisdiction exists to review the district court's order and that the U.S. Marshals Service is required to transport state prisoners for testimony in federal court.
• Meadows v. Lon Evans
  550 F.2d 345· 5th Cir.· 1977-04-08 ·cited 67×
  The court held that a federal civil rights action for damages under 42 U.S.C. § 1983 cannot be used to relitigate the voluntariness of a guilty plea that has already been affirmed on direct appeal and denied on collateral attack in state court. The exhaustion requirement of 28 U.
• Dominque v. Telb
  831 F.2d 673· 6th Cir.· 1987-10-23 ·cited 66×
  The court held that the district court erred in placing the burden on the defendant to prove entitlement to qualified immunity and in treating the legal question of whether the law was clearly established as a material issue of fact.
• Gavalik v. Cont'l CAN Co.
  812 F.2d 834· 3d Cir.· 1987-02-19 ·cited 66×
  The court held that the district court misallocated the burdens of proof regarding mixed-motive employment decisions under ERISA § 510 and that the applicable statute of limitations is six years, not six months.
• T.J. Cunningham v. Adams
  808 F.2d 815· 11th Cir.· 1987-01-26 ·cited 66×
  The court held that the district court did not abuse its discretion in denying the preliminary injunction because the appellant failed to establish a likelihood of prevailing on the merits or irreparable harm.
• Marie Ellsworth & Paul Ellsworth v. City OF Racine
  774 F.2d 182· 7th Cir.· 1985-09-23 ·cited 66×
  The plaintiff's admission that she told the officer it was unnecessary for him to stay precludes recovery on her Section 1983 claim.
• Gumz v. Morrissette
  772 F.2d 1395· 7th Cir.· 1985-09-05 ·cited 66×
  Excessive force claims during an arrest should be analyzed under the Fourth Amendment's objective reasonableness standard, not the Fourteenth Amendment's substantive due process, which lacks textual support and relies on subjective judicial feelings.
• Goney v. Clark
  749 F.2d 5· 3d Cir.· 1984-12-06 ·cited 66×
  A district court is not required to conduct a de novo review of an entire magistrate's report if the objections filed are general and lack specificity.
• Coyne-Delany Co., Inc. v. Cap. Dev. Bd. OF the State OF Ill.
  717 F.2d 385· 7th Cir.· 1983-09-12 ·cited 66×
  A district court's discretion to deny costs or damages on an injunction bond is not unlimited and requires more than just the absence of bad faith; a good reason must exist. Damages are generally limited to the bond amount unless bad faith is shown.
• Lowell Buller v. Buechler
  706 F.2d 844· 8th Cir.· 1983-05-05 ·cited 66×
  The court held that private individuals who utilize state garnishment procedures, even if later found unconstitutional, can be considered state actors for section 1983 purposes if they act jointly with state officials, and may assert a qualified immunity defense.
• Merritt v. Faulkner
  697 F.2d 761· 7th Cir.· 1983-01-06 ·cited 66×
  The court held that the Maclin factors are persuasive for appointing counsel in this case, particularly given the plaintiff's blindness and potential difficulty in securing representation.