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

• Vail v. Bd. OF Educ. OF Paris Union Sch. Dist. NO. 95
  706 F.2d 1435· 7th Cir.· 1983-04-19 ·cited 63×
  A public employee with a term employment contract has a property interest in continued employment, requiring a meaningful opportunity to be heard before termination.
• Alfonse Reichenberger v. Rev. Richard Pritchard
  660 F.2d 280· 7th Cir.· 1981-09-18 ·cited 63×
  The court held that plaintiffs failed to state a claim under 42 U.S.C. §§ 1983 and 1985 because they did not allege an actual deprivation of constitutional rights or injury, and affirmed the award of attorney's fees to the defendants.
• Tanner v. McCALL
  625 F.2d 1183· 5th Cir.· 1980-09-17 ·cited 63×
  The court held that the plaintiffs failed to present sufficient evidence that political patronage was a substantial motivating factor in the sheriff's employment decisions, and reversed judgments against the sheriff.
• Kingsville Indep. Sch. Dist. v. Cooper
  611 F.2d 1109· 5th Cir.· 1980-02-15 ·cited 63×
  The court held that an independent school district is amenable to suit under 42 U.S.C. § 1983, and that a teacher's classroom expression, even if controversial, is protected speech unless it overbalances her usefulness as an instructor.
• Griffin v. Burns
  570 F.2d 1065· 1st Cir.· 1978-01-19 ·cited 63×
  The court held that the state's retroactive invalidation of absentee and shut-in ballots, after voters relied on official procedures, violated their constitutional right to vote, and thus federal jurisdiction was proper.
• Samuel v. Univ. OF Pittsburgh
  538 F.2d 991· 3d Cir.· 1976-06-29 ·cited 63×
  The court held that the district court abused its discretion in decertifying the class for restitution and in denying restitution to the named appellants, reversing those decisions.
• Penn v. SAN Juan Hosp., Inc.
  528 F.2d 1181· 10th Cir.· 1975-12-31 ·cited 63×
  The court held that the trial court erred in dismissing the permanent injunction claim without proper notice and consolidation, and in denying class action status based on unpersuasive reasoning.
• Duke v. N. Tex. State Univ.
  469 F.2d 829· 5th Cir.· 1972-11-10 ·cited 63×
  The dissenting opinion argues that the President's Cabinet lacked the "apparent impartiality" required for an administrative hearing tribunal because it was too closely connected to the controversy. The dissent asserts that the majority opinion incorrectly assumes impartiality an
• Hanna v. Home Ins. Co.
  281 F.2d 298· 5th Cir.· 1960-06-30 ·cited 63×
  The federal district court correctly dismissed the complaint for failure to state a claim within its jurisdiction, as it lacked the power to review or reverse state court judgments.
• Bass v. Bd. OF Cnty. Comm'rs
  256 F.3d 1095· 11th Cir.· 2001-07-09 ·cited 62×
  The Eleventh Circuit reversed the district court's grant of summary judgment, holding that the plaintiff presented sufficient evidence of race discrimination and retaliation to proceed to a jury trial. The court found that while the plaintiff's supervisor's statement was not dire
• Strength v. W.L. Hubert
  854 F.2d 421· 11th Cir.· 1988-09-02 ·cited 62×
  A witness has absolute immunity for grand jury testimony, but a conspiracy claim under § 1983 can be based on pre-testimonial acts that violate constitutional rights.
• Lester v. City OF Chicago
  830 F.2d 706· 7th Cir.· 1987-09-17 ·cited 62×
  The court held that excessive force claims are governed by the Fourth Amendment's objective reasonableness standard, not the Fourteenth Amendment's 'shocks the conscience' test. The court also held that sufficient evidence supported the jury's finding of probable cause for arrest
• Gibson v. United States
  781 F.2d 1334· 9th Cir.· 1986-01-30 ·cited 62×
  The court held that the statute of limitations for § 1983 claims should not be retroactively applied if it shortens the period, and that federal law, not state law, governs the accrual of civil conspiracy claims. The court also held that Bivens claims can be based on the First Am
• Strauss v. City OF Chicago
  760 F.2d 765· 7th Cir.· 1985-04-17 ·cited 62×
  A plaintiff must plead specific facts tending to support the existence of a municipal policy that caused the injury, and bare allegations of policy are insufficient to state a claim under 42 U.S.C. § 1983.
• Davidson v. O'Lone
  752 F.2d 817· 3d Cir.· 1984-12-27 ·cited 62×
  The New Jersey Tort Claims Act, which grants broad immunity to state agents, cannot shield them from liability under 42 U.S.C. § 1983 for violating the Fourteenth Amendment right to personal security. Involuntarily committed individuals retain a federally protected liberty intere
• The Miami Herald Publ'g Co. v. City OF Hallandale
  734 F.2d 666· 11th Cir.· 1984-06-18 ·cited 62×
  The Tax Injunction Act bars federal jurisdiction over claims challenging the revenue-raising provisions of a municipal ordinance, but not over claims challenging purely regulatory provisions that are severable from the tax provisions.
• Losch v. Borough OF Parkesburg
  736 F.2d 903· 3d Cir.· 1984-06-14 ·cited 62×
  The court held that a jury must decide whether police officers had probable cause to file criminal charges, and thus summary judgment for the officers on the plaintiff's § 1983 claim was inappropriate, but affirmed summary judgment for the municipality.
• Genus D. Ulmer v. Chancellor
  691 F.2d 209· 5th Cir.· 1982-11-08 ·cited 62×
  The court held that the dismissal of the plaintiff's civil rights suit was improper because the record did not show that the plaintiff's request for writs to secure witnesses was evaluated, and the district court should have further considered exceptional circumstances for appoin
• DOE v. Busbee
  684 F.2d 1375· 11th Cir.· 1982-09-07 ·cited 62×
  A party is not considered a "prevailing party" entitled to attorney's fees under 42 U.S.C. § 1988 if their initial favorable judgment is later vacated or reversed on the merits.
• Bart v. Telford
  677 F.2d 622· 7th Cir.· 1982-05-12 ·cited 62×
  Forcing a public employee to take a leave of absence to run for public office does not violate the First Amendment, but a subsequent campaign of petty harassment for running for office may be actionable.
• Stotts v. Memphis Fire Dep't
  679 F.2d 541· 6th Cir.· 1982-05-07 ·cited 62×
  The court held that a district court should be cautious in modifying a consent decree, especially if it would cause parties to assume obligations for which they have not contracted, and that a consent decree cannot alter the rights of a non-party union concerning layoffs by senio
• Childers v. Indep. Sch. Dist. NO. 1 OF Bryan Cnty.
  676 F.2d 1338· 10th Cir.· 1982-04-26 ·cited 62×
  The court held that a reassignment of a tenured teacher, even with a salary reduction, does not implicate a property interest protected by the Fourteenth Amendment, but retaliation for union organizing can violate the First Amendment. The court also held that the Oklahoma Politic
• McLAUGHLIN v. The City OF LaGRANGE
  662 F.2d 1385· 11th Cir.· 1981-12-07 ·cited 62×
  The court held that the denial of the appellants' motion for additional time to respond was not an abuse of discretion, and that summary judgment was proper as no genuine issue of material fact existed.
• Tokarcik v. Forest Hills Sch. Dist.
  665 F.2d 443· 3d Cir.· 1981-09-08 ·cited 62×
  The dissenting judge would reverse the district court's judgment and dismiss the complaint, arguing that the action under 20 U.S.C. § 1415(e)(2) is an appeal from an administrative decision and thus barred by the analogous state statute of limitations.
• Brown v. Bathke
  588 F.2d 634· 8th Cir.· 1978-12-13 ·cited 62×
  The court held that attorney's fees under 42 U.S.C. § 1988 should be awarded for all time reasonably expended on a matter, not just on the specific issue on which the plaintiff ultimately prevailed. The court also held that the district court did not abuse its discretion in award
• Monell v. Dep't OF Soc. Servs. OF the City OF NEW York
  532 F.2d 259· 2d Cir.· 1976-03-08 ·cited 62×
  The court held that claims for equitable relief were moot due to policy changes, and claims for back pay were barred by lack of subject matter jurisdiction under both Title VII and § 1983.
• Fine v. The City OF NEW York
  529 F.2d 70· 2d Cir.· 1975-12-31 ·cited 62×
  The court held that public prosecutors are immune from § 1983 liability for official acts, private attorneys do not act 'under color of law' unless they engage in joint activity with state agents, and municipalities are not 'persons' under § 1983.
• Hawkins v. Town OF Shaw
  461 F.2d 1171· 5th Cir.· 1972-03-27 ·cited 62×
  The court clarifies that proof of intent to discriminate is not always necessary to prevail in a case alleging racial discrimination in governmental affairs, and that disparities in municipal services can create a right of action under Section 1983.
• Dailey v. City OF Lawton
  425 F.2d 1037· 10th Cir.· 1970-05-01 ·cited 62×
  A municipality and its employees can be enjoined from acting in violation of federal constitutional rights, even if the municipality is not considered a 'person' for damages under 42 U.S.C. § 1983.
• Schnell v. City OF Chicago
  407 F.2d 1084· 7th Cir.· 1969-03-17 ·cited 62×
  The district court erred in dismissing the complaint for lack of jurisdiction and failure to state a claim under 42 U.S.C. § 1983.
• Robertson v. Patrolman F. Johnston
  376 F.2d 43· 5th Cir.· 1967-04-05 ·cited 62×
  The court held that a complaint alleging arrest to enforce a city custom or usage forbidding white women from frequenting predominantly Negro establishments states a claim cognizable under Section 2000a-l of the Civil Rights Act of 1964.
• POE v. Donnie Haydon
  853 F.2d 418· 6th Cir.· 1988-07-28 ·cited 61×
• Hill v. Dep't OF Corr.
  513 So. 2d 129· Fla.· 1987-09-24 ·cited 61×
  The Florida Supreme Court held that Florida has not waived its sovereign immunity or common law immunity from federal civil rights suits under 42 U.S.C. § 1983, either in federal or state court, despite the existence of section 768.28 which waives immunity for traditional tort cl
• Kirchoff v. Flynn
  786 F.2d 320· 7th Cir.· 1986-03-17 ·cited 61×
  The dissenting judge argues that the district court's fee award calculation, based on a contingent fee contract reflecting market value, was reasonable and that the majority failed to provide adequate guidance.
• Inez Martin v. Heckler
  773 F.2d 1145· 11th Cir.· 1985-10-15 ·cited 61×
  The federal government is liable for attorney fees under 28 U.S.C. § 2412(b) when acting under color of federal law, to the same extent as a state would be liable under 42 U.S.C. § 1988 for similar violations.
• Linhart v. Glatfelter
  771 F.2d 1004· 7th Cir.· 1985-08-22 ·cited 61×
  The court held that the plaintiff's actions did not constitute a deprivation of property or liberty without due process, nor did they involve protected speech under the First Amendment, thus affirming summary judgment.
• Giles v. Richard (Dick) J. Ackerman
  746 F.2d 614· 9th Cir.· 1984-11-02 ·cited 61×
  Arrestees for minor offenses may only be subjected to a strip search if jail officials have a reasonable suspicion that the arrestee is carrying contraband or concealing a communicable disease.
• Dillon v. Coles
  746 F.2d 998· 3d Cir.· 1984-10-29 ·cited 61×
  The court held that the district court erred in placing the burden of persuasion on the defendants regarding the plaintiff's qualifications for hiring, but this error was not reversible. The court also affirmed the deduction of unemployment and public assistance benefits from the
• Prof'l Ass'n OF Coll. Educators v. EL Paso Cnty. Cmty. Coll. Dist.
  730 F.2d 258· 5th Cir.· 1984-04-20 ·cited 61×
  The court held that the majority's analysis for denying reinstatement departs from established Supreme Court precedent and circuit law by introducing an unnecessary 'fairness and equity' defense.
• DOE v. NEW York City Dep't OF Soc. Servs.
  709 F.2d 782· 2d Cir.· 1983-06-02 ·cited 61×
  The court held that the prior appellate decision established the law of the case, meaning the evidence was sufficient to go to the jury, and that the trial court erred in granting judgment notwithstanding the verdict.
• van Ooteghem v. Hartsell Gray
  628 F.2d 488· 5th Cir.· 1980-10-22 ·cited 61×
  The court held that the speech of a public employee was protected under the Pickering balancing test, not the compelling state interest test.
• Walters v. City OF Ocean Springs & Kevin Alves
  626 F.2d 1317· 5th Cir.· 1980-10-03 ·cited 61×
  The court affirmed summary judgment for the defendants, finding no abuse of discretion in denying the plaintiff's discovery continuance motion and no genuine issue of material fact regarding the officer's qualified immunity or the city's policy for § 1983 claims.
• The Guardians Ass'n OF the NEW York City Police Dep't, Inc. v. Civil Serv. Comm'n OF the City OF NEW York
  633 F.2d 232· 2d Cir.· 1980-07-25 ·cited 61×
  The court held that while retroactive seniority may be appropriate under Title VII, the district court must consider the unique public interest in police department effectiveness and morale when fashioning a remedy.
• Collins v. Cundy
  603 F.2d 825· 10th Cir.· 1979-08-17 ·cited 61×·via 42 U.S.C. § 1983 Civil Rights Action
  Verbal harassment and denial of mailing a letter not concerning legal matters do not state a constitutional deprivation under 42 U.S.C. § 1983, and such claims are subject to dismissal as frivolous.
• Palermo v. Warden, Green Haven State Prison
  545 F.2d 286· 2d Cir.· 1976-11-01 ·cited 61×
  The dissenting judge would not grant specific performance of an unauthorized and unfulfillable prosecutorial promise that intruded upon independent agencies' discretion.
• Clutchette v. Procunier
  497 F.2d 809· 9th Cir.· 1974-04-25 ·cited 61×
  The court held that the majority's interpretation of Preiser v. Rodriguez regarding exhaustion of state remedies was too strict, and that the inmates' claims regarding the duration of their confinement necessitated exhaustion.
• United States ex rel. Herbert Sperling v. Fitzpatrick
  426 F.2d 1161· 2d Cir.· 1970-05-12 ·cited 61×
  The court concurred in the result, finding that applying the exclusionary rule to parole revocation hearings would be counterproductive given the current state of the parole system.
• McMILLIAN v. W.E. Johnson
  88 F.3d 1573· 11th Cir.· 1996-07-09 ·cited 60×
  The Eleventh Circuit affirmed the district court's judgment, holding that under Alabama law, sheriffs are not final policymakers for their counties in the area of law enforcement. The court also held that hearsay evidence, which is not shown to be reducible to admissible form at
• Cheryll Gray v. Lacke
  885 F.2d 399· 7th Cir.· 1989-09-22 ·cited 60×
  The court held that res judicata does not bar individual-capacity claims against employees, collateral estoppel does not apply to unaddressed constitutional claims, and Wisconsin's six-year personal rights statute of limitations applies to § 1983 actions.
• Raymon J. Melton v. City OF Okla. City
  879 F.2d 706· 10th Cir.· 1989-06-21 ·cited 60×
  The court held that Melton's trial testimony was not a motivating factor for his discharge, and that his disclosure of a recorded conversation did not create a protected liberty interest. However, the court agreed that his disclosure of the tape was a matter of public concern and