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

• Horton v. Goose Creek Indep. Sch. Dist.
  690 F.2d 470· 5th Cir.· 1982-11-01 ·cited 66×
  The court held that the canine sniffing of students' persons constitutes a Fourth Amendment search requiring individualized reasonable suspicion, while the sniffing of lockers and automobiles does not constitute a search. Further searches based on dog alerts require reasonable su
• Bonner v. Coughlin
  657 F.2d 931· 7th Cir.· 1981-08-20 ·cited 66×
  The court held that the district court erred in awarding a multiplier and excessive hours for attorneys' fees, but affirmed the grant of judgment notwithstanding the verdict for one defendant and the interest rate on the judgment.
• Smiddy v. Dudley D. Varney
  665 F.2d 261· 9th Cir.· 1981-08-07 ·cited 66×
  Police officers are not liable for damages incurred after a district attorney files charges, unless the presumption of the prosecutor's independent judgment is rebutted. The judgment of liability is affirmed, but the damages award is vacated and remanded for a new trial.
• Brown v. Sibley
  650 F.2d 760· 5th Cir.· 1981-07-16 ·cited 66×
  The court held that plaintiffs have no private cause of action under Section 503 of the Rehabilitation Act and that their Section 504 claims fail due to lack of standing because the specific programs they were involved in did not receive federal financial assistance. The Fourteen
• Bickel v. Burkhart
  632 F.2d 1251· 5th Cir.· 1980-12-17 ·cited 66×
  The court held that the fire department's rules were not facially unconstitutional as applied, but that the plaintiff's speech was constitutionally protected and a motivating factor in his denial of promotion. The court affirmed the order to make the plaintiff whole but remanded
• Allen G. Charles, M.D. v. Carey
  627 F.2d 772· 7th Cir.· 1980-07-29 ·cited 66×
  The court held that certain provisions of the Illinois Abortion Law of 1975, particularly those related to informed consent and waiting periods, impose unconstitutional burdens on a woman's right to an abortion and are subject to strict scrutiny.
• Inmates OF the Allegheny Cnty. Jail v. Pierce
  612 F.2d 754· 3d Cir.· 1979-12-28 ·cited 66×
  The court affirmed the district court's judgment regarding contact visits, methadone treatment, and psychiatric care, finding no constitutional violations.
• Bettye Keener Stegmaier v. Trammell
  597 F.2d 1027· 5th Cir.· 1979-07-02 ·cited 66×
  A public employee in a position of confidence, loyalty, and trust, even if not a policymaker, may be discharged based on political affiliation without violating constitutional rights.
• Winters v. Abe Lavine
  574 F.2d 46· 2d Cir.· 1978-01-16 ·cited 66×
  The court affirmed the district court's decision, holding that the plaintiff's claim for Christian Science nurse services was barred by res judicata and that abstention was appropriate for the practitioner services claim.
• Whitner v. Mrs. Frederick W. Davis
  410 F.2d 24· 9th Cir.· 1969-04-03 ·cited 66×
  The court held that the district court erred in dismissing the action for failure to exhaust state remedies, as the Civil Rights Act does not always require such exhaustion, and the adequacy of the administrative remedy was not determined.
• Napier v. Preslicka
  314 F.3d 528· 11th Cir.· 2002-12-10 ·cited 65×
  The dissenting judge argues that the term "in custody" in the Prison Litigation Reform Act (PLRA) is ambiguous and should be interpreted in the context of the entire statute, which primarily addresses lawsuits arising from prison conditions. The dissent believes the PLRA was not
• The Naturist Soc'y, Inc. v. Fillyaw
  958 F.2d 1515· 11th Cir.· 1992-04-22 ·cited 65×
  The Eleventh Circuit held that John D. MacArthur Beach State Park is a public forum, reversing the district court's classification of it as a non-public forum. The court found that the case remained justiciable despite amendments to the challenged regulations, preserving claims f
• Cornelius v. Town OF Highland Lake
  880 F.2d 348· 11th Cir.· 1989-08-10 ·cited 65×
  The court held that a genuine issue of material fact exists regarding whether a special relationship existed between the plaintiff and the town officials, and whether the defendants' actions created a special danger, thus potentially imposing a duty to protect the plaintiff under
• Reuben Palmer v. City OF Chicago
  806 F.2d 1316· 7th Cir.· 1986-11-26 ·cited 65×
  An order to pay interim attorney's fees is appealable under the collateral order doctrine if the party ordered to pay faces irreparable harm from immediate payment that cannot be recovered if the order is later reversed.
• Ferrara v. Mills
  781 F.2d 1508· 11th Cir.· 1986-02-10 ·cited 65×
  The court held that a public school teacher's complaints about his teaching schedule and assignments, even if tangentially related to public education, did not constitute speech on a matter of public concern and thus were not constitutionally protected under the First Amendment.
• Rodgers v. Lincoln Towing Serv., Inc.
  771 F.2d 194· 7th Cir.· 1985-08-15 ·cited 65×
  The court affirmed the district court's dismissal of all claims and the assessment of Rule 11 sanctions, finding the plaintiff's allegations failed to state a claim upon which relief could be granted and that the attorneys' conduct warranted sanctions.
• Reuber v. United States
  750 F.2d 1039· D.C. Cir.· 1984-12-07 ·cited 65×
  A private employer acting as an ad hoc federal agent, instigated by federal officials to violate constitutional rights, can be subject to Bivens liability and equitable relief like reinstatement, even if damages are available.
• Saldana v. Garza
  684 F.2d 1159· 5th Cir.· 1982-09-07 ·cited 65×
  Police officers are entitled to qualified immunity from civil damages if their conduct does not violate clearly established statutory or constitutional rights, even if the arrest was later found to be illegal.
• United Handicapped Fed'n v. Andre
  622 F.2d 342· 8th Cir.· 1980-05-14 ·cited 65×
  Plaintiffs were prevailing parties entitled to attorneys' fees because their lawsuit was a catalyst for improvements in handicapped transportation services, even if not the sole cause or if some claims were dismissed.
• Life Ins. Co. OF N. Am. v. Reichardt
  591 F.2d 499· 9th Cir.· 1979-01-11 ·cited 65×
  The court held that the Insurance Commissioner's approval of discriminatory insurance policy forms did not constitute sufficient state action for a § 1983 claim, and that the § 1985(3) claim against the insurers was properly allowed to proceed.
• Lovely v. Laliberte
  498 F.2d 1261· 1st Cir.· 1974-06-24 ·cited 65×
  The court held that the plaintiff's federal action under 42 U.S.C. § 1983 was barred by res judicata because the claims could have been raised in the prior state court eviction proceeding.
• Hobbs v. Mayor Ronnie Thompson
  448 F.2d 456· 5th Cir.· 1971-09-16 ·cited 65×
  The court held that recent Supreme Court decisions on federal intervention do not preclude federal consideration of First Amendment claims against municipal ordinances, especially when the challenge is to employment conditions and not a pending criminal prosecution.
• Brown v. Thompson
  430 F.2d 1214· 5th Cir.· 1970-08-06 ·cited 65×
  The court held that the trial judge did not abuse discretion in dismissing the case with prejudice.
• Sewell v. Pegelow
  291 F.2d 196· 4th Cir.· 1961-05-31 ·cited 65×
  The court held that the complaints, alleging religious discrimination and deprivation of rights, stated sufficient grounds to require a hearing, and the district court erred in dismissing them for lack of jurisdiction.
• Agnew v. City OF Compton
  239 F.2d 226· 9th Cir.· 1956-12-17 ·cited 65×
  The court held that the complaint failed to state a cause of action under the Civil Rights Act because the alleged wrongs did not deprive the plaintiff of rights secured by the Constitution and federal laws.
• Cygnar v. City OF Chicago
  865 F.2d 827· 7th Cir.· 1989-01-04 ·cited 64×
  The court held that the district court erred in granting judgment notwithstanding the verdict on the race discrimination claim, as the jury's finding of racial motivation was supported by evidence, and the affirmative action defense failed because it was not justified by a compel
• Bennis v. Carson S. Gable
  823 F.2d 723· 3d Cir.· 1987-07-06 ·cited 64×
  The court held that the district court erred by instructing the jury, as a matter of law, that the plaintiffs had engaged in protected First Amendment activity, thereby impermissibly trespassing on the jury's fact-finding function. The judgment is vacated and the case remanded fo
• Alsansa X. Caruth v. Thaddeus E. Pinkney
  683 F.2d 1044· 7th Cir.· 1982-07-13 ·cited 64×
  The court held that the district court did not err in denying the appointment of counsel, failing to raise unpleaded First Amendment issues, refusing to reopen the case for witness testimony, or in finding no due process violation for a prison regulation's procedural delay.
• Beulah Hunter v. Auger
  672 F.2d 668· 8th Cir.· 1982-03-11 ·cited 64×
  The court held that strip searches of prison visitors based solely on uncorroborated anonymous tips violate the Fourth Amendment's reasonableness standard.
• Chavis v. Rowe
  643 F.2d 1281· 7th Cir.· 1981-03-11 ·cited 64×
  The court held that an inmate stated a due process claim by alleging failure to disclose exculpatory evidence and inadequate written reasons for disciplinary action, and an Eighth Amendment claim for cruel and unusual punishment due to severe overcrowding.
• McGHEE v. Draper
  639 F.2d 639· 10th Cir.· 1981-01-16 ·cited 64×
  The court held that intervening Supreme Court precedent (Owen v. City of Independence) allows for compensatory damages and backpay against local government officials in their official capacities, even if they acted in good faith, for procedural due process violations. Reinstateme
• Romeo v. Youngberg
  644 F.2d 147· 3d Cir.· 1980-11-24 ·cited 64×
  The majority opinion improperly included gratuitous discussion and jury instructions regarding non-reversible surgery and antipsychotic drugs, which were not at issue in this case.
• McGILL v. Bd. OF Educ. OF Pekin Elementary Sch. Dist. NO. 108 OF Tazewell Cnty.
  602 F.2d 774· 7th Cir.· 1979-07-23 ·cited 64×
  A retaliatory transfer, like a retaliatory discharge, can violate a public employee's First Amendment rights if the protected speech was the motivating factor for the adverse action.
• Fanchon Blake v. City OF LOS Angeles
  595 F.2d 1367· 9th Cir.· 1979-05-02 ·cited 64×
  The court held that the district court erred in granting summary judgment, finding that appellants established a prima facie case of sex discrimination under Title VII and that the LAPD failed to demonstrate business necessity for its discriminatory employment practices.
• Cleve Heidelberg, Jr. v. Hammer
  577 F.2d 429· 7th Cir.· 1978-06-08 ·cited 64×
  The District Court erred in dismissing the action for want of prosecution and in dismissing certain allegations of the complaint.
• Downs v. Sawtelle
  574 F.2d 1· 1st Cir.· 1978-03-30 ·cited 64×
  The dissenting judge would hold that social workers are entitled to qualified immunity and that private parties acting with immune state actors should also be dismissed from liability.
• Atkins v. Lanning
  556 F.2d 485· 10th Cir.· 1977-06-08 ·cited 64×
  The court held that the district attorney and investigators are immune from civil rights claims for a mistaken arrest, and the conspiracy claim was insufficient.
• Bertot v. Sch. Dist. NO. 1
  522 F.2d 1171· 10th Cir.· 1975-07-16 ·cited 64×
  The court held that the teachers, as initial contract teachers without a demonstrated property interest in continued employment, were not entitled to procedural due process before non-renewal of their contracts. The court also found sufficient evidence supported the jury's findin
• Polite v. Diehl
  507 F.2d 119· 3d Cir.· 1974-12-31 ·cited 64×
  The court held that while the one-year statute of limitations for false arrest applies to the arrest itself, it does not extend to claims of assault and battery, coerced guilty plea, or unlawful seizure of property, which are governed by different state statutes of limitations.
• Long v. Sapp
  502 F.2d 34· 5th Cir.· 1974-10-04 ·cited 64×
  The court held that the plaintiff's individual claim of racial discrimination was properly dismissed, but her claim of sex discrimination regarding the warehouseman position and her class action claim for racial discrimination should be remanded for further proceedings.
• Street v. Officer Leo Surdyka
  492 F.2d 368· 4th Cir.· 1974-02-21 ·cited 64×
  The court held that a violation of state arrest law does not automatically constitute a federal constitutional violation actionable under 42 U.S.C. § 1983, and that police officers are protected by a good faith defense for arrests made with probable cause.
• Glenn W. Bricker, M.D. v. Henry D. Crane, Jr., M.D.
  468 F.2d 1228· 1st Cir.· 1972-11-07 ·cited 64×
  The court held that the district court properly dismissed the action, affirming that collateral estoppel barred relitigation of issues decided in state court and that the plaintiff failed to state a claim under the Civil Rights Act.
• James v. The Bd. OF Educ. OF Cent. Dist. NO. 1 OF the Towns OF Addison
  461 F.2d 566· 2d Cir.· 1972-05-24 ·cited 64×
  A school board may not discharge a teacher for wearing a black armband in symbolic protest if the conduct does not materially and substantially disrupt school activities or interfere with the teacher's duties.
• Erdmann v. Stevens
  458 F.2d 1205· 2d Cir.· 1972-04-12 ·cited 64×
  Federal courts should not intervene in state bar disciplinary proceedings unless there are exceptional circumstances like bad faith or irreparable harm not remediable in state court.
• Freeman v. Almon Flake
  448 F.2d 258· 10th Cir.· 1971-09-28 ·cited 64×
  Federal courts should not supervise state public school hair length regulations as they do not implicate basic constitutional values.
• Wood v. Ostrander
  879 F.2d 583· 9th Cir.· 1989-06-27 ·cited 63×
  The dissenting judge argues that the majority opinion incorrectly applied Supreme Court precedent, particularly DeShaney v. Winnebago County, and that the officer is entitled to qualified immunity.
• Burch v. Apalachee Cmty. Mental Health Servs., Inc.
  840 F.2d 797· 11th Cir.· 1988-03-18 ·cited 63×
  The concurring judge agrees with the dissent's reasoning, implying disagreement with the majority's disposition.
• Kasper v. Bd. OF Election Comm'rs OF THE City OF Chicago
  814 F.2d 332· 7th Cir.· 1987-01-27 ·cited 63×
  The court held that the district court did not abuse its discretion in refusing to approve the proposed consent decree, as it was improvident due to timing, potential harm to third parties, and federalism concerns.
• Anderson v. City OF Atlanta
  778 F.2d 678· 11th Cir.· 1985-12-16 ·cited 63×
  The court held that the trial court erred in granting judgment notwithstanding the verdict because there was sufficient evidence for the jury to find that the City of Atlanta and Director Hudson were liable under 42 U.S.C. § 1983 due to a policy or custom of understaffing that le
• Wellman v. Faulkner
  715 F.2d 269· 7th Cir.· 1983-08-09 ·cited 63×
  The court held that the medical care at Michigan City prison was constitutionally inadequate due to deliberate indifference to serious medical needs, reversing and remanding for further relief. It affirmed the district court's findings on the totality of conditions and specific v