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

• Div. 580, Amalgamated Transit Union, AFL-CIO v. Cent. NEW York Reg'l Transp. Auth.
  578 F.2d 29· 2d Cir.· 1978-06-07 ·cited 10×·via 42 U.S.C. § 1983 Claim
  The court held that the appeal is moot because the parties have settled their dispute, and therefore, the case should be dismissed.
• Lister v. Lucey
  575 F.2d 1325· 7th Cir.· 1978-05-04 ·cited 10×
  The court held that abstention was no longer appropriate and the district court should hear the merits of the damage claims, as the plaintiffs' pursuit of state non-judicial remedies was unduly burdensome and inconsistent with federal policy.
• Kelsey v. Fitzgerald
  574 F.2d 443· 8th Cir.· 1978-04-20 ·cited 10×
  A state judge is immune from damages liability under 42 U.S.C. § 1983 for actions taken in his judicial capacity, and a claim for injunctive relief based on the denial of post-conviction relief fails if the state law does not guarantee unlimited such relief.
• Romie Vetters, Jr. v. Berry
  575 F.2d 90· 6th Cir.· 1978-04-14 ·cited 10×
  The jury's verdicts finding defendants violated plaintiff's civil rights and awarding compensatory and punitive damages are supported by substantial evidence.
• Montano v. Lefkowitz
  575 F.2d 378· 2d Cir.· 1978-04-06 ·cited 10×
  The court held that including nominators for a congressional district who were elected to represent constituencies outside that district violates the principle of equal representation in elections for the House of Representatives.
• Lamb v. Talbot Rantoul
  561 F.2d 409· 1st Cir.· 1977-08-24 ·cited 10×
  The court held that the Rhode Island School of Design's actions were not attributable to the state, thus not constituting state action for the purposes of a § 1983 claim.
• Carmicle v. Weddle
  555 F.2d 554· 6th Cir.· 1977-05-20 ·cited 10×
  The court held that the plaintiffs' civil rights action was barred by Kentucky's one-year statute of limitations for malicious prosecution and arrest.
• Ike Bailey v. McCANN
  550 F.2d 1016· 5th Cir.· 1977-04-14 ·cited 10×
  The denial of a harness trainer-driver's license by a private association, even if relied upon by the state for its own licensing, does not constitute "state action" sufficient to support a § 1983 claim against the association.
• Stevens v. The Junior Coll. Dist. OF ST. Louis-St. Louis Cnty.
  548 F.2d 779· 8th Cir.· 1977-02-14 ·cited 10×
  The court held that the plaintiff failed to prove racial discrimination or retaliation, and the trial court's findings were not clearly erroneous.
• Niles Crowe and Daniel Colvin, Jr. v. Leeke
  550 F.2d 184· 4th Cir.· 1977-02-08 ·cited 10×
  The court held that the prior judgment did not bar the current action under res judicata or collateral estoppel because the specific issue of opening attorney mail outside the inmate's presence was not litigated in the prior suit.
• Wilson v. Sharon Steel Corp.
  549 F.2d 276· 3d Cir.· 1977-01-27 ·cited 10×
  The court held that the district court erred by relying on an incorrect EEOC letter to determine the start of the 90-day limitations period for the Title VII claim, and that the applicable statute of limitations for the § 1981 claim requires further consideration.
• Haggy v. Warden Herman Solem
  547 F.2d 1363· 8th Cir.· 1977-01-18 ·cited 10×
  The court held that the pro se complaint should not have been dismissed as frivolous before responsive pleadings, and leave to proceed in forma pauperis should be granted.
• Boyd v. The Justices OF Special Term
  546 F.2d 526· 2d Cir.· 1976-12-30 ·cited 10×
  The court held that it lacked jurisdiction because the case was moot, as the plaintiffs had obtained counsel in their state divorce proceedings.
• Naprstek v. The City OF Norwich
  545 F.2d 815· 2d Cir.· 1976-11-22 ·cited 10×
  The court held that the district court erred in abstaining from deciding the constitutional issues, as the ordinance was void for vagueness due to the lack of a termination time, and thus federal adjudication was necessary.
• Wallace v. House
  538 F.2d 1138· 5th Cir.· 1976-09-17 ·cited 10×
  The court held that the district court did not abuse its discretion in ordering a single-member reapportionment plan and that the amended Voting Rights Act allowing attorneys' fees applies retroactively.
• Qualls v. Shaw
  535 F.2d 318· 5th Cir.· 1976-07-19 ·cited 10×
  The district court erred in dismissing the complaint as the inmate was not challenging his conviction but rather seeking access to records.
• Wilson v. Zarhadnick
  534 F.2d 55· 5th Cir.· 1976-06-28 ·cited 10×
  A district court cannot grant class action injunctive relief on an individual complaint when class relief is not sought and no basis for it is established. A non-indigent inmate is not constitutionally entitled to state-provided legal research materials.
• Sanders v. McCRADY
  537 F.2d 1199· 4th Cir.· 1976-05-24 ·cited 10×
  A claimant must exhaust federal administrative remedies before seeking judicial review, even if the claim involves a state officer and seeks damages not available administratively.
• Burns v. City OF DES Peres
  534 F.2d 103· 8th Cir.· 1976-04-14 ·cited 10×
  The court held that the district court properly granted judgment notwithstanding the verdict because the plaintiff failed to prove that the defendants' denial of his rezoning request was arbitrary, unreasonable, or discriminatory, and thus did not violate his constitutional right
• Wardwell v. The Bd. OF Educ. OF the City Sch. Dist. OF the City OF Cincinnati
  529 F.2d 625· 6th Cir.· 1976-02-11 ·cited 10×
  A continuing employee residency requirement for teachers, affecting at most intrastate travel, is constitutional if it meets the rational basis test.
• Shaw v. Dolph Briscoe
  526 F.2d 675· 5th Cir.· 1976-02-02 ·cited 10×
  A prisoner's § 1983 action challenging conditions of confinement is not barred by the habeas corpus requirement, even if it includes a prayer for relief that might indirectly affect release.
• Carter v. Noble
  526 F.2d 677· 5th Cir.· 1976-01-28 ·cited 10×
  The court held that the jailer's actions constituted a violation of the prisoner's constitutional rights under 42 U.S.C. § 1983, and that the prisoner was entitled to attorneys' fees due to the jailer's bad faith in defending the action.
• Masia A. Mukmuk v. Comm'r OF the Dep't OF Corr. Servs.
  529 F.2d 272· 2d Cir.· 1976-01-13 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff alleged triable issues of fact regarding constitutional violations, thus defeating summary judgment, but affirmed the denial of leave to file a further amended complaint.
• Colton v. Swain
  527 F.2d 296· 7th Cir.· 1975-12-17 ·cited 10×
  A liability insurer's refusal to defend its insured, even with a no-action clause, estops the insurer from asserting that clause to bar a third-party action to determine coverage before a judgment against the insured. Furthermore, a § 1983 claim can be covered by a policy if its
• Anastasia v. The Cosmopolitan Nat'l Bank OF Chicago
  527 F.2d 150· 7th Cir.· 1975-09-30 ·cited 10×
  The court held that the detention of guest property by hotelkeepers under Illinois statutes does not constitute state action, and therefore does not violate the Fourteenth Amendment.
• Robert Hoffman and wife v. United States Dep't OF Hous. & Urban Dev.
  519 F.2d 1160· 5th Cir.· 1975-09-29 ·cited 10×·via 42 U.S.C. § 1983 Claim
  The court held that a three-judge court was not required and that the plaintiffs failed to state a claim upon which relief could be granted.
• Shields v. Hopper
  519 F.2d 1131· 5th Cir.· 1975-09-24 ·cited 10×
  The court held that a state prisoner's complaint alleging violations of state law and federal constitutional rights was properly dismissed for failing to raise a substantial federal question.
• Shack v. Southworth
  521 F.2d 51· 6th Cir.· 1975-07-28 ·cited 10×
  The court should have considered the employer's asserted justification for not hiring the applicant in rebuttal of the prima facie case.
• Schreiber v. Lugar
  518 F.2d 1099· 7th Cir.· 1975-07-14 ·cited 10×
  The court held that individual taxpayer claims cannot be aggregated to meet the jurisdictional amount requirement for federal question jurisdiction, and the civil rights claim was frivolous.
• Boscarino v. Nelson
  518 F.2d 879· 7th Cir.· 1975-07-14 ·cited 10×
• Hester Maggett v. Norton
  519 F.2d 599· 2d Cir.· 1975-06-30 ·cited 10×
  The adequacy of the Department's procedures for providing actual notice to AFDC recipients presents a substantial constitutional question requiring a three-judge court.
• Miller v. Beda Bauer
  517 F.2d 27· 7th Cir.· 1975-06-02 ·cited 10×
  The court held that the federal Tax Injunction Act barred the suit because Indiana provided a plain, speedy, and efficient remedy, and the plaintiffs were not instrumentalities of the federal government immune from state taxation.
• Zeller v. Donegal Sch. Dist. Bd. of Educ.
  517 F.2d 600· 3d Cir.· 1975-05-14 ·cited 10×
  A public school student's choice of hair length does not constitute a protectable constitutional right under the Due Process Clause of the Fourteenth Amendment, and therefore a complaint alleging exclusion from an athletic team based on violation of a hair-code does not state a c
• Bloeth v. Montanye
  514 F.2d 1192· 2d Cir.· 1975-04-29 ·cited 10×
  Protective confinement of a prisoner does not violate due process when the prisoner is given written notice of the basis for confinement and opportunities to contest it in writing and at meetings with the superintendent, with due process requirements adjusted downward to reflect
• Gotkin v. Miller
  514 F.2d 125· 2d Cir.· 1975-04-17 ·cited 10×
  The court held that former mental patients do not possess a constitutionally protected property interest in direct and unrestricted access to their hospital records under the Fourteenth Amendment.
• Anonymous J. and Anonymous R. v. The BAR Ass'n OF Erie Cnty. & John B. Walsh
  515 F.2d 435· 2d Cir.· 1975-04-03 ·cited 10×
  The court held that a federal civil rights action under 42 U.S.C. § 1983 is not exempt from the Younger abstention doctrine.
• German Ortiz v. Hon. Rafael Hernandez Colon
  511 F.2d 1080· 1st Cir.· 1975-02-28 ·cited 10×
  The court held that it lacked jurisdiction to hear the appeal because the district court's retention of jurisdiction and potential for future injunctive relief rendered the judgment non-final.
• Mitchell v. W. Feliciana Parish Sch. Bd.
  507 F.2d 662· 5th Cir.· 1975-01-30 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the school board acted in good faith under erroneous court orders and that plaintiffs were not entitled to reinstatement or other remedies.
• Greater Baton Rouge Golf Ass'n v. Rec. & Park Comm'n FOR the Parish OF E. Baton Rouge
  507 F.2d 227· 5th Cir.· 1975-01-23 ·cited 10×
  The court held that dismissal with prejudice was too harsh a remedy for counsel's unintentional tardiness, and the denial of the Rule 60(b) motion should be reversed.
• Patterson v. Ellis C. MacDOUGALL
  506 F.2d 1· 5th Cir.· 1975-01-08 ·cited 10×
  The court held that the district court erred in dismissing the pro se complaint sua sponte, as it stated a claim for relief under 42 U.S.C. § 1983 and that dismissal for failure to join an indispensable party under Rule 19(b) was improper.
• Junior Chamber OF Commerce OF Kan. City v. The Mo. State Junior Chamber OF Commerce
  508 F.2d 1031· 8th Cir.· 1975-01-08 ·cited 10×
  A preliminary injunction against a private organization's relocation of a convention cannot be granted based on alleged sex discrimination where the organization's receipt of federal funds does not create a sufficiently close nexus between the federal government and the challenge
• Donnie R. McCORMICK v. Ross
  506 F.2d 1205· 8th Cir.· 1974-11-25 ·cited 10×
  The court held that the plaintiff's conclusory allegations of information alteration were insufficient to create a genuine issue of fact, thus affirming the grant of summary judgment.
• Watson v. Stynchombe
  504 F.2d 393· 5th Cir.· 1974-11-21 ·cited 10×
  The court held that the district court should reconsider the dismissal in light of precedent establishing property rights are within the scope of jurisdiction under 28 U.S.C. § 1343(3).
• Vance v. Chester Cnty. Bd. OF Sch. Trs.
  504 F.2d 820· 4th Cir.· 1974-10-02 ·cited 10×
  The court held that the school board's procedures for non-renewal of a teacher's contract, including oral notice and a post-decision hearing, satisfied due process requirements under the circumstances.
• Mercado v. Rockefeller
  502 F.2d 666· 2d Cir.· 1974-08-15 ·cited 10×
• Cason v. City OF Jacksonville
  497 F.2d 949· 5th Cir.· 1974-07-26 ·cited 10×
  The court held that the district court lacked jurisdiction to enjoin the City of Jacksonville under 42 U.S.C.A. § 1983, vacating the injunction and remanding for factual findings on whether the meeting was intended to be private or public.
• The Reverend Temperance E. Wright v. State
  495 F.2d 1086· 5th Cir.· 1974-06-13 ·cited 10×
  The court held that the district court had jurisdiction over the plaintiff's claims for damages under the Fourth Amendment and 18 U.S.C. § 2520, and that the claims should not have been dismissed without an opportunity to prove them. The court also noted that equitable relief cla
• Leola Nichols v. Tower Grove Bank
  497 F.2d 404· 8th Cir.· 1974-05-13 ·cited 10×
  Self-help repossession and sale of collateral under a contract, even when authorized by state statute and involving state issuance of a new title, does not constitute action taken under color of state law for purposes of a 42 U.S.C. § 1983 claim.
• Roberts v. James Acres & the Vill. of Markham
  495 F.2d 57· 7th Cir.· 1974-03-19 ·cited 10×
  The court held that the amended complaint sufficiently stated a claim under the Civil Rights Act against the individual defendant, but the dismissal of the claim against the Village of Markham was proper.
• Phillips v. City & Cnty. of San Francisco: Adult Prob. Dep't OF THE City & Cnty. OF SAN Francisco
  491 F.2d 951· 9th Cir.· 1974-01-29 ·cited 10×
  The court held that a public employer can regulate employee speech during work hours and on work premises when it reasonably relates to a valid public interest, and that the government's interest in promoting efficiency outweighed the employee's expression rights in this case.