42 U.S.C. § 1983

12,720 Florida cases classified under this topic, plus 456 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Chambers v. Marsh
  675 F.2d 228· 8th Cir.· 1982-04-14 ·cited 8×
  The court held that Nebraska's legislative prayer practice, involving a paid chaplain of a single denomination and the publication of prayers, violates the Establishment Clause of the First Amendment.
• Spaulding v. Univ. OF Wash.
  676 F.2d 1232· 9th Cir.· 1982-04-13 ·cited 8×
  The University of Washington should be held liable for the cost of the transcript because it represented that reimbursement would be available if the appellants prevailed on their interlocutory appeal.
• Spears v. Chandler
  672 F.2d 834· 11th Cir.· 1982-04-05 ·cited 8×
  The district court's dismissal of the prisoner's action for want of prosecution was erroneous because it was based on an incorrect ruling that the court lacked authority to issue a writ of habeas corpus ad testificandum.
• Wright v. Gentry Crowell
  674 F.2d 521· 6th Cir.· 1982-03-19 ·cited 8×
  The court held that the prisoner's claims were moot and that a pro se litigant is not entitled to attorney fees under 42 U.S.C. § 1988.
• Nathan Rodgers Constr. & Realty Corp. v. City OF Saraland
  670 F.2d 16· 5th Cir.· 1982-02-23 ·cited 8×
  The court held that Alabama's 10-year statute of limitations for actions against public officers does not apply to city council members in a § 1983 action, and thus the one-year statute for general injuries applies.
• Heritage Homes OF Attleboro, Inc. v. The Seekonk Water Dist.
  670 F.2d 1· 1st Cir.· 1982-01-25 ·cited 8×
  A municipality is immune from punitive damages under 42 U.S.C. § 1981, just as it is under § 1983, because imposing such damages does not serve the purposes of punishment or deterrence and would unfairly burden blameless taxpayers.
• Gorham v. Hutto
  667 F.2d 1146· 4th Cir.· 1981-12-30 ·cited 8×
  State regulations, like statutes, can create a protectible liberty interest under the Due Process Clause, and arbitrary deviations from these regulations are unconstitutional.
• Keys v. Lutheran Fam. & Child's. Servs. OF Mo.
  668 F.2d 356· 8th Cir.· 1981-12-21 ·cited 8×
  Summary judgment was improper because genuine issues of material fact existed regarding whether the plaintiff's job performance or discriminatory intent and retaliation motivated her dismissal, and such factual disputes involving motive, intent, and credibility are generally unsu
• Wright v. Dallas Cnty. Sheriff Dep't
  660 F.2d 623· 5th Cir.· 1981-11-05 ·cited 8×
  The court held that the record was inadequate to determine if the district court abused its discretion in dismissing the case with prejudice or in refusing to appoint counsel.
• Mayberry v. Dees
  663 F.2d 502· 4th Cir.· 1981-11-05 ·cited 8×
  The court held that the plaintiff failed to establish a prima facie case of retaliation for exercising First Amendment rights, as the evidence did not sufficiently prove that the tenure denial was motivated by protected speech or that the decision-maker was aware of the plaintiff
• Laskaris v. Thornburgh
  661 F.2d 23· 3d Cir.· 1981-10-05 ·cited 8×
  The Eleventh Amendment does not bar suits against state officials for prospective relief, but does bar claims for retrospective relief like back pay unless the state waives immunity.
• MOE v. Brookings Cnty.
  659 F.2d 880· 8th Cir.· 1981-10-02 ·cited 8×
  The court held that the district court erred in abstaining from exercising jurisdiction over the plaintiffs' due process claim regarding the administration of the County Poor Relief program.
• Portland Police Ass'n & Stan Peters v. The City OF Portland
  658 F.2d 1272· 9th Cir.· 1981-09-23 ·cited 8×
  A claim challenging a police order restricting counsel consultation lacks ripeness and presents no justiciable controversy when plaintiffs cannot demonstrate that any officer has been denied counsel upon request or that counsel will be denied in the future, requiring instead a sp
• Moss v. State OF Ga.
  655 F.2d 668· 5th Cir.· 1981-09-11 ·cited 8×
  Federal courts are barred by the Tax Injunction Act from hearing suits challenging state ad valorem taxes if a plain, speedy, and efficient state remedy exists.
• Atencio v. Bd. OF Educ. OF Penasco Indep. Sch. Dist. NO. 4
  658 F.2d 774· 10th Cir.· 1981-09-08 ·cited 8×
  A breach of state procedural requirements, even if creating a property interest, does not automatically constitute a federal constitutional violation under the Due Process Clause if adequate state remedies exist.
• Balark v. Curtin
  655 F.2d 798· 7th Cir.· 1981-07-31 ·cited 8×
  A judgment creditor may garnish the wages of police officers to collect a civil rights judgment, and such garnishment is not barred by state indemnification statutes or restrictions on municipal judgment funds. Additionally, attorneys' fees are recoverable under 42 U.S.C. § 1988
• Haw. Boating Ass'n v. Water Transp. Facilities Div.
  651 F.2d 661· 9th Cir.· 1981-07-20 ·cited 8×
  The court held that Hawaii's Act 221, which imposed higher fees on non-residents for state small boat harbor privileges, did not violate the Equal Protection Clause or the Privileges and Immunities Clause. The court also found no merit in claims under the Land and Water Conservat
• Franklin v. Webb
  653 F.2d 362· 8th Cir.· 1981-07-16 ·cited 8×
  The court held that while a prisoner must exhaust state remedies for claims challenging the fact or duration of confinement, a claim for damages under section 1983 is not subject to the same exhaustion requirement and may be subject to a statute of limitations issue.
• Cent. Ave. News, Inc. v. The City OF Minot
  651 F.2d 565· 8th Cir.· 1981-06-09 ·cited 8×
  The court held that the district court correctly applied the Younger abstention doctrine, dismissing the federal complaint without prejudice because the appellant could raise its constitutional claims in the pending state court enforcement proceeding.
• Pearl v. Dobbs
  649 F.2d 608· 8th Cir.· 1981-05-26 ·cited 8×
  The court affirmed the dismissal of the inmate's § 1983 lawsuit, holding that respondeat superior does not apply to such claims and the inmate failed to allege direct liability against the supervisory defendants.
• Talbert v. City OF Richmond
  648 F.2d 925· 4th Cir.· 1981-05-01 ·cited 8×
  The court held that considering an officer's race as one factor among others to achieve diversity in the police department's upper ranks, in the absence of a quota or intent to discriminate, does not violate the Equal Protection Clause.
• Madalyn Murray O'Hair & Soc'y of Separationists, Inc. v. Hill
  641 F.2d 307· 5th Cir.· 1981-04-02 ·cited 8×
  The court held that Pullman abstention was inappropriate for claims concerning the exclusion of atheists from holding judicial office in Texas, and that O'Hair had no adequate remedy at law in Texas courts.
• Olson v. Klecker
  642 F.2d 1115· 8th Cir.· 1981-03-11 ·cited 8×
  The court held that the inmate's cell search was constitutional and affirmed the district court's dismissal of his claims.
• Wilson v. Thompson
  638 F.2d 799· 5th Cir.· 1981-03-02 ·cited 8×
  The court held that the district court did not abuse its discretion in denying a federal injunction against state criminal proceedings because the appellants failed to prove bad faith prosecution.
• Jamieson v. Robinson
  641 F.2d 138· 3d Cir.· 1981-02-12 ·cited 8×
  A state prisoner's claim that a particular institution lacks a work release program does not violate the Equal Protection Clause, as prison administrators have discretion in establishing such programs based on reasonable policy decisions.
• Slay v. State OF Ala.
  636 F.2d 1045· 5th Cir.· 1981-02-12 ·cited 8×
  Summary judgment was improperly granted on the medical treatment claims because genuine issues of material fact existed, but was correctly granted on the religious writings confiscation claim.
• Nordgren v. Hayward
  638 F.2d 224· 10th Cir.· 1981-01-14 ·cited 8×
  A pro se complaint, once deemed non-frivolous, cannot be summarily dismissed based on an unverified administrative report; such reports may only be used to shape issues for trial.
• Roslindale Coop. Bank v. Greenwald
  638 F.2d 258· 1st Cir.· 1981-01-08 ·cited 8×
  The court held that the bank and its directors were afforded due process and that the Commissioner of Banks acted within her authority.
• Brucar v. Ira Rubin
  638 F.2d 987· 7th Cir.· 1980-12-10 ·cited 8×
  The court held that the allegations of conspiracy between private parties and a state judge were sufficiently specific to state a claim for state action under 42 U.S.C. § 1983, reversing the dismissal.
• Sadegh Shamloo v. Miss. State Bd. OF Trs. OF Insts. OF Higher Learning
  620 F.2d 516· 5th Cir.· 1980-07-02 ·cited 8×
  University regulations that restrict student demonstrations to 'activities of a wholesome nature' are unconstitutionally vague and an impermissible content-based restriction on speech, violating the First Amendment.
• Hamilton v. Roth
  624 F.2d 1204· 3d Cir.· 1980-07-02 ·cited 8×
  The Eighth Amendment does not impose liability on a treating physician for deliberate indifference when the physician orders specialist consultations that are not executed by prison administrative staff, as the division of responsibility between treating physicians and medical ad
• Niko EL Fundi and Lela El Fundi v. Deroche
  625 F.2d 195· 8th Cir.· 1980-06-23 ·cited 8×
  The court held that the appellants alleged sufficient facts to state a claim under 42 U.S.C. § 1983, and summary dismissal was improper.
• Brown v. Officer Bigger
  622 F.2d 1025· 10th Cir.· 1980-06-10 ·cited 8×
  The court held that while the inmate's action was not barred by the statute of limitations, the dismissal was proper because the guards' actions did not constitute cruel and unusual punishment.
• Riddick v. D'Elia
  626 F.2d 1084· 2d Cir.· 1980-05-15 ·cited 8×
  The constitutional claim asserted by plaintiffs is so patently insubstantial as to deprive federal courts of subject matter jurisdiction.
• State OF Mo. ex rel. Minnie E. T. Gore v. R. Dean Wochner, M.D.
  620 F.2d 183· 8th Cir.· 1980-04-15 ·cited 8×
  The court held that violations of state law or city regulations, without infringement of federally protected rights, do not state a claim under 42 U.S.C. § 1983.
• Pappanastos v. The Bd. OF Trs. OF the Univ. OF Ala.
  615 F.2d 219· 5th Cir.· 1980-04-08 ·cited 8×
  The court held that the university's accreditation requirement for its graduate tax program did not violate the Equal Protection Clause.
• Sanford v. O'Neill
  616 F.2d 92· 3d Cir.· 1980-03-06 ·cited 8×
  The court held that summary judgment was improperly granted because material factual disputes existed and the plaintiffs had demanded a jury trial for their constitutional claims.
• Rodic v. Thistledown Racing Club, Inc.
  615 F.2d 736· 6th Cir.· 1980-02-26 ·cited 8×
  A plaintiff must demonstrate a state-created property right or federally secured liberty interest to establish a due process claim under 42 U.S.C. § 1983.
• Martinez v. Rosado
  614 F.2d 829· 2d Cir.· 1980-01-23 ·cited 8×
  The court held that the inmate's verified complaint sufficiently controverted the defendants' affidavits to raise triable issues of fact regarding an alleged beating by a prison guard, precluding summary judgment.
• Star Distribs., Ltd. v. Marino
  613 F.2d 4· 2d Cir.· 1980-01-02 ·cited 8×
  State legislators are immune from suits under 42 U.S.C. § 1983 for injunctive relief based on their legislative activities, including issuing subpoenas.
• Leigh v. McGUIRE
  613 F.2d 380· 2d Cir.· 1979-12-19 ·cited 8×
  The statute of limitations for a § 1983 action should be tolled during the pendency of intertwined state criminal and Article 78 proceedings when federal claims were necessarily raised in those state actions.
• Nadhum Shashoua, M.D. v. Quern
  612 F.2d 282· 7th Cir.· 1979-11-16 ·cited 8×
  The court held that the district court properly dismissed the complaint and denied leave to amend because the claims against the State were barred by the Eleventh Amendment or moot, and the claims against the individual defendant lacked allegations of personal involvement.
• Greene v. City OF Memphis
  610 F.2d 395· 6th Cir.· 1979-11-01 ·cited 8×
  The erection of a physical barrier at the northern boundary of West Drive, separating a historically all-white residential neighborhood from a predominantly black neighborhood, constitutes a badge of slavery adversely affecting the ability of black property owners to hold and enj
• Hall v. Lieutenant John Ashley
  607 F.2d 789· 8th Cir.· 1979-10-18 ·cited 8×
  The court held that the jury verdict and instructions were so confusing and inconsistent that the issue of prevailing party status for attorney fees could not be decided, requiring a new trial.
• Adamian v. Lombardi
  608 F.2d 1224· 9th Cir.· 1979-10-16 ·cited 8×
  The court held that the University Code Section 2.3, as authoritatively construed by the Board of Regents to focus on expressive conduct and manner rather than content, was not unconstitutionally vague or overbroad, and that the professor's disruptive actions fell outside First A
• Taylor v. Sterrett
  600 F.2d 1135· 5th Cir.· 1979-08-16 ·cited 8×
  The court held that the district court should discontinue its retained jurisdiction and dismiss the case because the original objectives of the lawsuit have been accomplished and state mechanisms now exist to address jail conditions.
• Lyons v. Sullivan
  602 F.2d 7· 1st Cir.· 1979-06-29 ·cited 8×
  A public school teacher's resignation, rather than termination, precludes claims of due process and liberty interest violations based on alleged stigmatization and retaliation for filing a lawsuit.
• Rhodes v. Laurino
  601 F.2d 1239· 2d Cir.· 1979-06-22 ·cited 8×
  The court held that the case was not ripe for review because the Surrogate's Court had not yet made a determination on the appellant's petition for access to adoption records.
• Ronnei v. Butler
  597 F.2d 564· 8th Cir.· 1979-05-15 ·cited 8×
  The court held that the inmate's complaint failed to state a claim for a violation of civil rights under 42 U.S.C. § 1983, as it alleged at most negligence and not a constitutional deprivation.
• Reese v. Nelson
  598 F.2d 822· 3d Cir.· 1979-05-02 ·cited 8×
  The court held that the defendants were entitled to qualified immunity as a matter of law because their actions were based on a reasonable belief of danger and lacked malicious intent, even if procedural errors occurred.