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

• Hicks v. Feeney
  850 F.2d 152· 3d Cir.· 1988-06-22 ·cited 9×
  A district court does not abuse its discretion under Federal Rule of Civil Procedure 37(b)(2)(C) in dismissing a civil rights action as a sanction for a plaintiff's willful and repeated failure to comply with discovery orders, even when the underlying claim has merit, where the p
• Geter v. Wille
  846 F.2d 1352· 11th Cir.· 1988-06-14 ·cited 9×
  Supervisory officials cannot be held liable under 42 U.S.C. § 1983 for the acts of their subordinates solely on the basis of respondeat superior or the mere right to control without evidence of personal participation or a policy/custom causing the injury.
• Karriem Wali Muhammad v. Warden, Baltimore City Jail & United States & Lt. Young, Baltimore City Jail
  849 F.2d 107· 4th Cir.· 1988-06-08 ·cited 9×
  When an incarcerated prisoner's civil action reaches the trial stage after surviving motions to dismiss and summary judgment, a district court must first consider securing the prisoner's presence at trial, and only as a last resort may impose an indefinite stay or dismiss for fai
• Reyes v. The Supervisor OF the Drug Enf't Admin.
  834 F.2d 1093· 1st Cir.· 1987-12-08 ·cited 9×
  The court held that the improper disclosure claim was time-barred, the § 1983 claims against state officials were barred by the Eleventh Amendment, and equitable expungement was not warranted. However, the court remanded with leave to amend the complaint to name the United States
• Jewell Nephew v. The City OF Aurora
  830 F.2d 1547· 10th Cir.· 1987-10-19 ·cited 9×
  When a civil rights plaintiff recovers only nominal damages, attorney's fees under 42 U.S.C. § 1988 need not be reduced to be proportionate to the damages if the district court finds that the vindication of constitutional rights and the judgment against unlawful conduct constitut
• Yellen v. Cooper
  828 F.2d 1471· 10th Cir.· 1987-09-11 ·cited 9×
  The court held that a prisoner's request for final disposition of a detainer constitutes a waiver of pretransfer rights under the Interstate Agreement on Detainers Act (IADA), and this waiver can be the basis for a sua sponte dismissal of a complaint filed in forma pauperis, even
• Murphy v. Mo. Dep't OF Corr.
  814 F.2d 1252· 8th Cir.· 1987-03-19 ·cited 9×
  A total ban on inmate mail from an organization, even one espousing white supremacy, is an unconstitutional restriction on free speech and religious exercise if less restrictive means are available to ensure prison security. Furthermore, the failure to follow established procedur
• Jane ROE I v. Abortion Abolition Soc'y
  811 F.2d 931· 5th Cir.· 1987-03-09 ·cited 9×
  The court held that the plaintiffs' class was not protected by 42 U.S.C. § 1985(3) because it was defined by the conspirators' beliefs rather than a shared characteristic of the victims, and that the class action allegations against the cities were not properly dismissed.
• Majette v. O'Connor
  811 F.2d 1416· 11th Cir.· 1987-03-06 ·cited 9×
  A state's notice of claim statute, like Fla. Stat. § 768.28(6), cannot be applied to bar a federal civil rights action under 42 U.S.C. § 1983, as it constitutes an impermissible exhaustion of administrative remedies.
• Junior Wilnon Byrd v. Stewart
  811 F.2d 554· 11th Cir.· 1987-02-26 ·cited 9×
  The court held that a pro se plaintiff's complaint alleging unlawful search and seizure by state officers acting under color of state law states a claim under 42 U.S.C. § 1983.
• Holdiness v. A.M. Stroud, Jr.
  808 F.2d 417· 5th Cir.· 1987-01-23 ·cited 9×
  The court held that claims against National Guard superiors under § 1983, § 1985, Bivens, and state law are barred due to the unique military context and the availability of administrative remedies.
• Burch v. Apalachee Cmty. Mental Health Servs., Inc.
  804 F.2d 1549· 11th Cir.· 1986-12-03 ·cited 9×
  The court held that Florida's post-deprivation remedies were sufficient to satisfy due process requirements for alleged deprivations of liberty, precluding a Section 1983 action.
• Thompson v. Olson
  798 F.2d 552· 1st Cir.· 1986-08-19 ·cited 9×
  A police officer's initial finding of probable cause justifies arrest and continued detention until a magistrate decides otherwise; negligence does not rise to the level of a constitutional violation under § 1983.
• Hutchinson v. Miller
  797 F.2d 1279· 4th Cir.· 1986-08-07 ·cited 9×
  Federal courts should not entertain damage claims from defeated candidates for election irregularities, as such matters are primarily for state and legislative resolution.
• Hutchinson v. Grant
  796 F.2d 288· 9th Cir.· 1986-08-05 ·cited 9×
  Summary judgment was improperly granted for Officer Grant because material facts were disputed regarding probable cause and the use of force, but it was properly granted for the Town of Hillsborough as there was no evidence of conspiracy.
• Victorian v. Miller
  796 F.2d 94· 5th Cir.· 1986-08-04 ·cited 9×
  The court held that while a prior panel decision forecloses claims based on violations of the Food Stamp Act, constitutional claims for due process and equal protection are not barred and must be remanded.
• Gordon v. Norman
  788 F.2d 1194· 6th Cir.· 1986-04-23 ·cited 9×
  The court held that the defendants failed to demonstrate prejudice from their attorney's alleged conflict of interest and that federal law governs the award of punitive damages, not state law regarding financial condition evidence.
• Bodine v. Wargo
  788 F.2d 1270· 7th Cir.· 1986-04-21 ·cited 9×
  The court held that alleged election irregularities, even if due to negligence or incompetence, do not rise to the level of a constitutional violation actionable under 42 U.S.C. § 1983 unless they involve willful conduct that undermines the organic electoral process.
• Kerley Indus., Inc. v. Pima Cnty.
  785 F.2d 1444· 9th Cir.· 1986-04-03 ·cited 9×
  The court held that Kerley Industries suffered no deprivation of property without due process because the Deputy Air Quality Control Officer lacked the authority to revoke its conditional operating permit.
• Thompkins v. Stuttgart Sch. Dist. #22
  787 F.2d 439· 8th Cir.· 1986-03-31 ·cited 9×
  A state legislature cannot limit the pendent jurisdiction of federal courts, and the district court erred in dismissing the state law claim based on a state statute purporting to grant exclusive jurisdiction to state courts.
• Love v. King
  784 F.2d 708· 5th Cir.· 1986-03-12 ·cited 9×
  The court held that a municipality is not vicariously liable under 42 U.S.C. § 1983 for employee acts absent policy or custom, and that mere negligence by a government official does not constitute an abuse of power actionable under § 1983 for a due process violation.
• King v. State OF Cal.
  784 F.2d 910· 9th Cir.· 1986-03-07 ·cited 9×
  The court held that the statute of limitations for TILA damages claims runs from the date of consummation, but equitable tolling may suspend the period if the borrower could not reasonably discover the fraud or nondisclosures. State claims are remanded as pendent to surviving fed
• Tex. State Teachers Ass'n v. Garland Indep. Sch. Dist.
  777 F.2d 1046· 5th Cir.· 1985-12-06 ·cited 9×
  School district policies prohibiting outside employee organization representatives from accessing school grounds and media during school hours are constitutional, but policies prohibiting teachers from discussing employee organizations during non-class time or using school media
• Shack v. The Attorney Gen. OF the State OF Pa.
  776 F.2d 1170· 3d Cir.· 1985-11-14 ·cited 9×
  The failure to provide a pre-transfer hearing under the Interstate Agreement on Detainers (IAD) does not render a subsequent conviction in the receiving state invalid, nor does it justify habeas corpus relief.
• Sabet v. E. Va. Med. Auth.
  775 F.2d 1266· 4th Cir.· 1985-11-04 ·cited 9×
  A unilateral understanding of tenure policy, contrary to an employer's explicit written policy, does not create a property interest protected by the Due Process Clause. Furthermore, silence does not constitute fraud absent a duty to disclose.
• Isiah Carl Green v. McKASKLE
  770 F.2d 445· 5th Cir.· 1985-08-26 ·cited 9×
• Lloyd v. Hines
  474 So. 2d 376· Fla. 1st DCA· 1985-08-13 ·cited 9×
  Winston Lloyd appealed the dismissal of his civil rights complaint arising from his 1980 arrest on 30 felony charges. The court affirmed dismissal against the prosecutor and FDLE analyst but reversed dismissal against the deputy sheriffs and sheriff, finding viable § 1983 claims
• Kearson v. S. Bell Tel. & Tel. Co.
  763 F.2d 405· 11th Cir.· 1985-06-12 ·cited 9×
  A privately-owned telephone company's termination of service for nonpayment does not constitute state action under 42 U.S.C. § 1983, and conclusory allegations of conspiracy under 42 U.S.C. § 1985 are insufficient for a claim.
• Kranson v. Valley Crest Nursing Home
  755 F.2d 46· 3d Cir.· 1985-02-12 ·cited 9×
  The court held that a plaintiff must show a causal link between a municipal policy and the alleged constitutional violation to establish liability under § 1983, and that state tort immunity laws do not violate equal protection if rationally related to a legitimate state interest.
• Dinorah Berberena v. Coler
  753 F.2d 629· 7th Cir.· 1985-01-31 ·cited 9×
  The dissenting judge believes the district court erred in granting the full attorney fee request without a more thorough analysis and evidentiary hearing.
• Emmett Ray McCARTHY v. Dr. F. Weinberg, M.D.
  753 F.2d 836· 10th Cir.· 1985-01-23 ·cited 9×
  The court held that the district court abused its discretion in denying the appointment of counsel, as the plaintiff's severe disabilities and the complexity of the case rendered the trial fundamentally unfair.
• Weinrauch v. Park City
  751 F.2d 357· 10th Cir.· 1984-12-28 ·cited 9×
  A municipality need not provide a hearing before conditioning the return of an impounded vehicle on payment of towing fees and bail, and a private tow truck operator is not acting under color of law when pursuing a vehicle independently after hearing a stolen car report.
• Charles J. Arndt, Inc. v. City OF Birmingham
  748 F.2d 1486· 11th Cir.· 1984-12-17 ·cited 9×
  The court held that the city's declaration of blight and subsequent actions, including the negotiation of an option to terminate a leasehold interest, did not constitute a taking of property without due process of law under the Fifth and Fourteenth Amendments.
• Hambley v. State
  459 So. 2d 408· Fla. 1st DCA· 1984-11-14 ·cited 9×
  The appellate court affirmed in part and reversed in part the trial court's dismissal of a complaint alleging malicious prosecution, illegal certificate suspension, and other claims against state agencies and an individual official.
• Hopkins v. Britton
  742 F.2d 1308· 11th Cir.· 1984-09-27 ·cited 9×
  The court held that prison officials were not deliberately indifferent to the inmate's serious medical needs and had no reason to know of the specific danger posed to him by other inmates.
• Toledo v. State OF Ill.
  744 F.2d 1296· 7th Cir.· 1984-09-26 ·cited 9×
  Federal courts lack jurisdiction over a section 1983 suit against a state agency because a state agency is not a "person" under the Act, and suits against state officials seeking to affect state interests are barred by the Eleventh Amendment.
• Gilmere v. City OF Atlanta
  737 F.2d 894· 11th Cir.· 1984-07-09 ·cited 9×
  The court held that the City of Atlanta could not be held liable under 42 U.S.C. § 1983 for the actions of its police officers absent an official policy or custom, and that the officers' conduct, being random and unauthorized, was remedied by Georgia's post-deprivation tort law,
• Bluefield Cmty. Hosp., Inc. v. John A. Anziulewicz, M.D.
  737 F.2d 405· 4th Cir.· 1984-06-18 ·cited 9×
  The court held that the district court did not err in refusing to enjoin the state court action under the Anti-Injunction Statute because the claims in the state action were not sufficiently identical to those litigated in federal court to warrant enjoining relitigation.
• Gagne v. Town OF Enfield
  734 F.2d 902· 2d Cir.· 1984-05-08 ·cited 9×
  The court held that the plaintiff's failure to present evidence of litigation expenses at trial, as required by Connecticut law for punitive damages, independently doomed his claim for punitive damages.
• Glennis Rae Williams v. W. Jordan City
  714 F.2d 1017· 10th Cir.· 1983-08-10 ·cited 9×
  The court held that the plaintiff's termination did not violate due process because he did not demonstrate a property interest in his employment and did not dispute the truth of the charges against him, which would be necessary to establish a liberty interest claim.
• Ammons v. Baldwin
  705 F.2d 1445· 5th Cir.· 1983-05-31 ·cited 9×
  The court held that while a judge's threat of physical harm is not protected by judicial immunity, the plaintiff's claim failed because the alleged threat did not rise to the level of injury required for federal jurisdiction.
• Jona Goldschmidt v. Patchett
  686 F.2d 582· 7th Cir.· 1982-08-16 ·cited 9×
  A prosecuting attorney is immune from civil rights damages liability when performing quasi-judicial functions such as issuing a warning letter about potential legal violations, and a Section 1983 claim requires an actual denial of a civil right, not merely a threat or warning of
• Hudson Valley Freedom Theater, Inc. v. Heimbach
  671 F.2d 702· 2d Cir.· 1982-02-01 ·cited 9×
  A corporation has standing to sue when its corporate purposes are thwarted by conduct based on allegedly racially discriminatory intent, even if the corporation itself cannot be the direct target of racial discrimination.
• Shinholster v. Graham
  527 F. Supp. 1318· N.D. Fla.· 1981-11-30 ·cited 9×
  The court held that plaintiffs were not required to exhaust administrative remedies under the Florida Administrative Procedure Act or the Abuse Reporting System before filing a Section 1983 civil rights claim, as these systems are inadequate to address constitutional claims.
• McCLAIN v. Honorable Charles Kitchen
  659 F.2d 870· 8th Cir.· 1981-09-23 ·cited 9×
  The court held that the district court correctly dismissed the habeas corpus petition for failure to exhaust state remedies and the civil rights claims for failure to state a cause of action.
• Dowdell v. City of Apopka
  511 F. Supp. 1375· M.D. Fla.· 1981-04-22 ·cited 9×
  The court held that the City of Apopka violated the Fourteenth Amendment by providing inferior street paving, storm water drainage, and water distribution services to its black residents, based on findings of substantial disparity and discriminatory intent.
• Wetzel v. Edwards
  635 F.2d 283· 4th Cir.· 1980-10-27 ·cited 9×
  The court held that the district court abused its discretion by improperly balancing the factors for granting a preliminary injunction, failing to adequately consider the harm to the defendants and the public interest.
• Streeter v. Hopper
  618 F.2d 1178· 5th Cir.· 1980-06-13 ·cited 9×
  The court held that the district court did not err in ordering the transfer of prisoners endangered by conditions at Reidsville, as the claim involved conditions of confinement under § 1983, not habeas corpus, and exhaustion of state remedies was not required.
• Watson v. Comm'rs Court OF Harrison Cnty.
  616 F.2d 105· 5th Cir.· 1980-04-11 ·cited 9×
  The court held that the trial court erred in delaying reapportionment until after the 1980 census, as it would perpetuate unconstitutional voting dilution.
• Ass'n Against Discrimination IN Emp. v. City OF Bridgeport
  594 F.2d 306· 2d Cir.· 1979-02-23 ·cited 9×
  The court vacated the district court's order and remanded the case for further consideration, finding that the district judge should have more thoroughly addressed relevant authorities and made specific findings regarding the broad quota relief ordered.