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

• John v. Hurt
  489 F.2d 786· 7th Cir.· 1973-11-16 ·cited 10×
  Public defenders are immune from liability for damages for acts performed within the scope of their official duties, even if those acts constitute gross errors of judgment.
• Campbell v. Masur
  486 F.2d 554· 5th Cir.· 1973-10-29 ·cited 10×
  The court vacated the district court's judgment and remanded the case for reconsideration in light of a new Supreme Court decision regarding jurisdiction.
• Robinson v. Jefferson Cnty. Bd. OF Educ.
  485 F.2d 1381· 5th Cir.· 1973-10-23 ·cited 10×
  A non-tenured teacher does not have a constitutionally protected property interest in continued employment absent a statute or contract requiring cause for dismissal. The school board's decision not to renew the contract was not a violation of constitutional rights.
• Williams v. Police Officer Gould & City of Los Angeles
  486 F.2d 547· 9th Cir.· 1973-10-17 ·cited 10×
  Good faith belief is a defense to damages claims under 42 U.S.C. § 1983 for warrantless entry into a home to arrest a felon.
• Slate v. McFETRIDGE
  484 F.2d 1169· 7th Cir.· 1973-08-30 ·cited 10×
  The court held that it was error to deny plaintiffs' motion for a directed verdict on their due process claim, as the defendants failed to provide prompt administrative action on their permit application.
• Boettger v. Moore
  483 F.2d 86· 9th Cir.· 1973-07-31 ·cited 10×
  Higher city officials are not vicariously liable under 42 U.S.C. § 1983 for the acts of lower officials when state law does not impose such liability.
• Rainey v. Jackson State Coll.
  481 F.2d 347· 5th Cir.· 1973-06-27 ·cited 10×·via 42 U.S.C. § 1983 Action
  A government employer may not deny or withdraw an employment contract based on the employee's exercise of First Amendment rights, even where the employee has no contractual right to the position; the taint of an impermissible reason for non-renewal carries forward to subsequent h
• Rider v. Bd. OF Educ. OF Indep. Sch. Dist. NO. 1
  480 F.2d 693· 10th Cir.· 1973-05-25 ·cited 10×
  A school hair code regulation that applies uniformly to all students does not violate the First Amendment, as the wearing of long hair is not akin to pure speech. The regulation does not implicate fundamental constitutional rights or suspect classifications and bears a rational r
• The Wash. Free Cmty., Inc. v. Wilson
  484 F.2d 1078· D.C. Cir.· 1973-05-16 ·cited 10×
  The court affirmed the denial of injunctive relief, finding that a revised police directive cured the primary basis for the alleged constitutional violations and that subsequent incidents were insufficient to demonstrate a likelihood of future misconduct.
• Simmons v. Jones
  478 F.2d 321· 5th Cir.· 1973-05-14 ·cited 10×
  The court held that the federal district court improperly intervened in the state's jury selection process and should have abstained or dismissed the case for failure to state a claim.
• Elterich v. The City OF SEA Isle City
  477 F.2d 289· 3d Cir.· 1973-03-26 ·cited 10×
  The court held that no federally protected rights of the appellants were violated because the State of New Jersey's condemnation proceedings adequately preserved their rights to just compensation.
• Dodson v. Haugh
  473 F.2d 689· 8th Cir.· 1973-02-14 ·cited 10×
  The court held that the district court erred in dismissing the inmate's due process claim without allowing him to present facts supporting his allegations.
• Wheeler v. Glass
  473 F.2d 983· 7th Cir.· 1973-01-18 ·cited 10×
  The court held that the plaintiffs' complaint for monetary damages stated a cause of action under the Civil Rights Act for cruel and unusual punishment and denial of due process.
• Montana v. Lan E. Harrelson
  469 F.2d 1091· 5th Cir.· 1972-12-01 ·cited 10×
  The court held that the district court erred in dismissing the case for lack of jurisdiction based on a property rights exception, as subsequent Supreme Court precedent has abolished such a distinction.
• Goldie Ann Betts v. Bd. OF Educ. OF the City OF Chicago
  466 F.2d 629· 7th Cir.· 1972-08-25 ·cited 10×·via Section 1983
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, as the plaintiff failed to show a reasonable probability of success on the merits of her due process or state statutory claims.
• Spence v. Bailey
  465 F.2d 797· 6th Cir.· 1972-08-08 ·cited 10×
  A state cannot compel a student to participate in military training as a condition of public education when the student's sincere religious beliefs oppose such participation and the state has not demonstrated a compelling interest in the requirement or used the least restrictive
• Bertucelli v. Carreras
  467 F.2d 214· 9th Cir.· 1972-08-08 ·cited 10×
  The court held that a plaintiff should be given an opportunity to amend a defective complaint before dismissal, except in unusual circumstances.
• Lukac v. Acocks
  466 F.2d 577· 6th Cir.· 1972-08-02 ·cited 10×
  A limited coaching contract does not create a property interest protected by due process, even with long service.
• Long v. Bd. OF Educ. OF the City OF ST. Louis
  456 F.2d 1058· 8th Cir.· 1972-03-13 ·cited 10×
  The court held that the teachers' reemployment was not refused for constitutionally impermissible reasons, as their actions exceeded their authority and impacted employer efficiency.
• Gentry B. Puckett v. Weldon W. COX
  456 F.2d 233· 6th Cir.· 1972-03-08 ·cited 10×
  The court held that while negligence can form the basis of a § 1983 claim, the plaintiff's specific allegations of negligence in failing to protect him from another inmate did not rise to a constitutional deprivation. However, the claim regarding solitary confinement, particularl
• Particular Cleaners, Inc. v. Commonwealth Edison Co.
  457 F.2d 189· 7th Cir.· 1972-02-11 ·cited 10×
  The court held that a private utility's decision to require security deposits, even if authorized by a state commission order that merely limits such deposits, does not constitute state action sufficient to support a claim under 42 U.S.C. § 1983.
• Adams v. Miami Police Benevolent Ass'n, Inc.
  454 F.2d 1315· 5th Cir.· 1972-02-02 ·cited 10×
  The court held that the Miami Police Benevolent Association, by barring black officers from membership, acted under color of law and deprived them of equal protection, justifying equitable relief.
• McCABE v. Nassau Cnty. Med. Ctr.
  453 F.2d 698· 2d Cir.· 1971-12-23 ·cited 10×
• Kinney v. Harlow F. Lenon
  447 F.2d 596· 9th Cir.· 1971-08-13 ·cited 10×
  The court held that federal courts should not enjoin state court proceedings, even for juveniles, due to principles of comity and federalism, and that a claim for a declaratory judgment is also subject to these equitable principles.
• Smith v. Follette
  445 F.2d 955· 2d Cir.· 1971-07-08 ·cited 10×
  The court held that the applications were essentially habeas corpus petitions requiring exhaustion of state remedies.
• United States ex rel. Michael Katzoff v. McGINNIS
  441 F.2d 558· 2d Cir.· 1971-03-29 ·cited 10×
  A prisoner seeking release from custody through restoration of earned good behavior time must exhaust available state remedies before filing a federal habeas corpus petition under 28 U.S.C. § 2254(b), and the proximity of the prisoner's release date does not excuse compliance wit
• Garren v. City of Winston-Salem
  439 F.2d 140· 4th Cir.· 1971-03-02 ·cited 10×
  The court held that a claim based solely on the deprivation of property rights, even if framed as an equal protection issue related to extraterritorial zoning without voting rights, is not cognizable under 42 U.S.C. § 1983.
• Rainey v. Jackson State Coll.
  435 F.2d 1031· 5th Cir.· 1970-12-22 ·cited 10×
  The court held that the district court erred in dismissing the action for lack of jurisdiction, as the complaint stated a claim under 42 U.S.C. § 1983 for denial of employment based on First Amendment retaliation.
• Protestants & Other Americans United FOR Separation OF Church & State v. United States
  435 F.2d 627· 6th Cir.· 1970-12-16 ·cited 10×
  The court held that the District Court erred in denying a three-judge panel and granting summary judgment, as substantial constitutional questions regarding the Establishment Clause were not resolved by prior Supreme Court precedent.
• Davis v. McATEER
  431 F.2d 81· 8th Cir.· 1970-09-09 ·cited 10×
  A clerk of court is entitled to judicial immunity from a suit brought under the Civil Rights Act for alleged loss of court files.
• McDONOUGH v. Director OF Patuxent
  429 F.2d 1189· 4th Cir.· 1970-08-10 ·cited 10×
  The court held that an inmate's right to seek legal and financial assistance for a redetermination hearing includes the right to correspond for those purposes, but this right is not absolute and can be restricted if the correspondence threatens prison discipline or judicial proce
• Isidore Engelman v. Cahn
  425 F.2d 954· 2d Cir.· 1969-12-15 ·cited 10×
  Federal courts should not intervene in state criminal proceedings to suppress evidence, nor should they enjoin communication of evidence to state administrative agencies when adequate state remedies exist.
• Anwar Khan v. Patrolmen Alex J. Garanzini and Robert N. Paille
  411 F.2d 210· 6th Cir.· 1969-05-28 ·cited 10×
  The court held that a verified complaint can serve as an affidavit to controvert factual statements in opposing affidavits for summary judgment purposes. Summary judgment for the officers was reversed.
• Davis v. State OF Ala.
  399 F.2d 527· 5th Cir.· 1968-08-01 ·cited 10×
  The court held that John Davis's petition for removal lacked adequate grounds under 28 U.S.C.A. § 1443(1), but the petitions of Fronzie Hazzard and others sufficiently alleged grounds for removal.
• Notaras v. Ramon
  383 F.2d 403· 9th Cir.· 1967-09-22 ·cited 10×
• Daniels v. VAN DE Venter
  382 F.2d 29· 10th Cir.· 1967-09-08 ·cited 10×
  The court held that the trial court did not err in admitting evidence regarding the appellant's relationship with a man involved in the incident, nor in its jury instructions concerning the arrest and damages.
• Kamsler v. M. F. I. Corp.
  359 F.2d 752· 7th Cir.· 1966-03-29 ·cited 10×
  The court held that the district court did not err in dismissing the plaintiff's complaint for failure to state a claim under civil rights statutes.
• Mosher v. Beirne
  357 F.2d 638· 8th Cir.· 1966-03-24 ·cited 10×
  The court held that a plaintiff operating a business in violation of valid zoning and licensing ordinances cannot claim deprivation of civil rights, even if the mayor was involved in enforcing those ordinances.
• Otto v. Hon. Frank R. Somers
  332 F.2d 697· 6th Cir.· 1964-06-05 ·cited 10×
  The court held that the district court correctly dismissed the taxpayer's complaint for lack of federal jurisdiction, as no civil rights violations under the Fourteenth Amendment were demonstrated.
• Bernhard Rosee v. The Bd. OF Trade OF the City OF Chicago
  311 F.2d 524· 7th Cir.· 1963-01-02 ·cited 10×
  The court held that the plaintiff failed to establish federal jurisdiction because the Chicago Board of Trade's disciplinary proceedings were private actions, not state actions, and the Commodity Exchange Act does not provide for civil enforcement of rights related to such procee
• Johnson v. MacCOY
  278 F.2d 37· 9th Cir.· 1960-03-31 ·cited 10×
  A judge is not liable for acts done in the exercise of judicial functions unless the act was done in the clear absence of all jurisdiction. A private citizen can lay a complaint before a magistrate, and the magistrate has jurisdiction to issue a warrant based on that complaint.
• Monroe v. Pape
  272 F.2d 365· 7th Cir.· 1959-11-23 ·cited 10×
  The court held that the alleged misconduct of city police officers, even if true, does not state a claim under the Federal Civil Rights Act for which relief can be granted.
• Beal v. Holcombe
  193 F.2d 384· 5th Cir.· 1951-12-20 ·cited 10×
  The court held that denying negro citizens the use of municipal golf courses, while allowing white citizens to use them, constitutes forbidden discrimination, even if other park facilities are substantially equal.
• Wromas v. Banker
  2023 WL 5745494· N.D. Fla.· 2025-07-01 ·cited 9×
  A pro se prisoner's failure to accurately disclose prior litigation history on a court-required complaint form, even if due to misunderstanding, warrants dismissal without prejudice as a malicious abuse of the judicial process.
• DeMarcus v. Univ. of S. Ala.
  133 F.4th 1305· 11th Cir.· 2025-04-10 ·cited 9×
  The court held that the players' allegations did not establish violations of Title IX or 42 U.S.C. § 1983, affirming the district court's dismissal.
• Donald v. Norris
  131 F.4th 1255· 11th Cir.· 2025-03-13 ·cited 9×
  An Alabama jail chief deputy administrator transported a seriously ill inmate to the hospital in his personal vehicle rather than calling an ambulance, and then released the inmate from custody before his sentence was completed; the inmate died shortly after arrival at the hospit
• Hoffman v. Smith
  2024 WL 3898011· M.D. Fla.· 2024-12-13 ·cited 9×
  The court held that the plaintiff failed to meet his initial burden of proving the relevance of his discovery requests, and the requests were also objectionable as irrelevant, overly broad, or disproportionate.
• Rodemaker v. City of Valdosta Bd. of Educ.
  110 F.4th 1318· 11th Cir.· 2024-08-05 ·cited 9×
  The Eleventh Circuit held that the district court correctly granted summary judgment for the Board of Education based on res judicata, finding privity between the Board and its members who were defendants in the prior lawsuit.
• Monteria Najuda Robinson v. Sauls
  102 F.4th 1337· 11th Cir.· 2024-06-04 ·cited 9×
  No Bivens cause of action is available for an excessive force claim against officers operating as part of a USMS joint task force apprehending fugitives.
• Sylvester v. APD Inv. James Barnett
  94 F.4th 1324· 11th Cir.· 2024-03-11 ·cited 9×
  The Eleventh Circuit held that the district court erred in granting summary judgment, finding that material facts were omitted from the arrest warrant affidavit, which, when corrected, failed to establish even arguable probable cause, and that a jury could find the omissions were