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

• Olitsky v. O'Malley
  597 F.2d 303· 1st Cir.· 1979-04-30 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court did not abuse its discretion in refusing to award attorney's fees to the defendants because the plaintiffs' civil rights action was not frivolous, unreasonable, or groundless.
• Emmett M. Clark v. United States
  596 F.2d 252· 7th Cir.· 1979-04-19 ·cited 8×
  The district court lacked jurisdiction because the plaintiffs' claim for monetary relief against the United States in excess of $10,000 must be brought in the Court of Claims under the Tucker Act.
• Silvia v. Laurie
  594 F.2d 892· 1st Cir.· 1979-03-21 ·cited 8×
  The court held that an untimely appeal must be dismissed, as timely filing is a jurisdictional prerequisite.
• Drianne Benner v. Oswald
  592 F.2d 174· 3d Cir.· 1979-01-24 ·cited 8×
  The court held that the selection process for the Pennsylvania State University board of trustees does not violate the Equal Protection Clause because the right to vote for university trustees is not a fundamental right requiring strict scrutiny, and the existing selection proces
• Zichy v. The City OF Philadelphia
  590 F.2d 503· 3d Cir.· 1979-01-05 ·cited 8×
  The court held that the Supreme Court's decision in Nashville Gas Co. v. Satty requires reconsideration of Title VII claims regarding pregnancy-related leave policies, and that the district court should reconsider the motion to amend the complaint to add a state law claim.
• Edelmiro Martinez Rivera v. Monge
  587 F.2d 539· 1st Cir.· 1978-12-01 ·cited 8×
  Federal district courts lack jurisdiction to review state court disciplinary orders; such review is limited to the Supreme Court via certiorari.
• Williams v. Mo. Bd. OF Prob. & Parole
  585 F.2d 922· 8th Cir.· 1978-10-27 ·cited 8×
  An inmate's interest in parole release is protected by the Fourteenth Amendment's due process clause, requiring procedural safeguards.
• Huber Pontiac, Inc. v. Whitler
  585 F.2d 817· 7th Cir.· 1978-09-19 ·cited 8×
  The federal court lacked jurisdiction under the Tax Injunction Act to enjoin state tax assessment procedures, as a plain, speedy, and efficient remedy was available in state courts.
• Davis v. Smith
  607 F.2d 535· 2d Cir.· 1978-08-11 ·cited 8×
• Hubert Richard Lewis alias Charles Stanley v. Bragan
  576 F.2d 678· 5th Cir.· 1978-07-17 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in dismissing the pro se prisoner's complaint without requiring an answer or evidentiary hearing.
• Clare C. Hodge, M.D. v. Paoli Mem'l Hosp.
  576 F.2d 563· 3d Cir.· 1978-05-30 ·cited 8×
  Receipt of Hill-Burton funds, tax exemption, and licensing do not constitute state action for a § 1983 claim.
• Public Citizen v. Comm'n ON Med. Discipline OF Md.
  573 F.2d 863· 4th Cir.· 1978-03-29 ·cited 8×
  The court held that the district court did not err in abstaining from deciding the case, allowing Maryland courts to first interpret the state's advertising regulations for physicians.
• Triplett v. Azordegan
  570 F.2d 819· 8th Cir.· 1978-02-21 ·cited 8×
  The court held that the appellant failed to state a claim under 42 U.S.C. § 1983 because the appellee prosecutor's actions, both in obtaining the confession and in his alleged concealment, were either not actionable or not performed under color of state law.
• Ahrens v. Sheriff Thomas J. Thomas
  570 F.2d 286· 8th Cir.· 1978-02-17 ·cited 8×
  The court held that while the district court properly mandated constitutional standards for the existing jail, it impermissibly intruded into state prison administration by prescribing specific construction standards for a new jail and retaining jurisdiction over its construction
• Douglas v. Muncy
  570 F.2d 499· 4th Cir.· 1978-01-20 ·cited 8×
  The court held that the prisoner failed to exhaust state remedies for his habeas corpus petition and that prison officials were entitled to qualified immunity on the § 1983 claims for denial of legal access.
• Gault v. Garrison
  569 F.2d 993· 7th Cir.· 1977-12-20 ·cited 8×
  A mandatory retirement policy for public school teachers at age 65 violates equal protection where the government has not demonstrated that the age classification rationally furthers an identifiable and articulable state purpose, and where teachers over 65 are denied procedural s
• Burton R. Galaway v. Lawson
  565 F.2d 542· 8th Cir.· 1977-11-23 ·cited 8×
  The court affirmed the district court's denial of relief, finding that the plaintiff's constitutional rights were not violated by his dismissal.
• Newport Invs., Inc. v. The City OF Laguna Beach
  564 F.2d 893· 9th Cir.· 1977-11-17 ·cited 8×
  The District Court did not abuse its discretion in issuing an abstention order, and the order was not erroneous for lacking specificity.
• Fuller v. Laurens Cnty. Sch. Dist. NO. 56
  563 F.2d 137· 4th Cir.· 1977-10-14 ·cited 8×
  Nontenured teachers whose contracts are not renewed are not entitled to a due process hearing before nonrenewal, and the teachers here waived any such right by declining the superintendent's explicit offer of a hearing before the April 1, 1972 deadline.
• Reddin v. Israel
  561 F.2d 715· 7th Cir.· 1977-09-02 ·cited 8×
  The court held that summary judgment was inappropriate because material issues of fact remained regarding whether the detainer deprived the prisoner of a protected liberty interest without due process.
• Walker v. Clovis H. Pierce, M.D.
  560 F.2d 609· 4th Cir.· 1977-07-26 ·cited 8×
  The court held that Dr. Pierce's policy of sterilizing Medicaid patients for economic reasons, unrelated to their health, constituted action taken under color of state law within the meaning of 42 U.S.C. § 1983.
• Wimberly v. Rogers
  557 F.2d 671· 9th Cir.· 1977-07-15 ·cited 8×
  The court held that the portion of the trial court's order staying proceedings until the appellant's release from custody was a final disposition and therefore appealable, and that the indefinite stay constituted a denial of due process.
• Gonzalez v. Young
  560 F.2d 160· 3d Cir.· 1977-07-15 ·cited 8×
  The court held that the district court lacked jurisdiction because the plaintiff's claim, based solely on a conflict between state and federal welfare regulations, did not present a substantial constitutional claim sufficient to invoke jurisdiction under 28 U.S.C. § 1343(3) or (4
• Franklin v. Atkins
  562 F.2d 1188· 10th Cir.· 1977-06-20 ·cited 8×
  The court held that the plaintiff failed to meet the burden of proving that constitutionally protected conduct was a substantial or motivating factor in the Regents' decision not to hire him, and that the Regents would have made the same decision even in the absence of any imperm
• G. H. McSHANE Co. v. McFADDEN
  554 F.2d 111· 3d Cir.· 1977-04-26 ·cited 8×
  A party cannot recover damages under 42 U.S.C. § 1983 for utilizing a state foreign attachment procedure that was later declared unconstitutional, if the procedure was presumptively constitutional at the time of use and had not yet been expressly overturned.
• Clayton v. Shaw
  548 F.2d 1155· 5th Cir.· 1977-03-17 ·cited 8×
  The court held that a pro se plaintiff's complaint alleging wrongful detention of property under color of law is sufficient to state a claim under 42 U.S.C.A. § 1983, requiring factfinding beyond a mere denial of custody.
• Lynch v. Philbrook
  550 F.2d 793· 2d Cir.· 1977-02-23 ·cited 8×
  The court held that Vermont's regulations limiting emergency assistance eligibility for AFDC recipients were invalid as inconsistent with federal law under the Supremacy Clause.
• Arroyo v. Schaefer
  548 F.2d 47· 2d Cir.· 1977-01-11 ·cited 8×
  The court held that the plaintiffs failed to establish a constitutional violation, as the use of tear gas in an emergency situation did not rise to the level of deliberate indifference or conduct that shocks the conscience.
• Keeton v. Guedry
  544 F.2d 199· 5th Cir.· 1976-12-16 ·cited 8×
  A Justice of the Peace is entitled to judicial immunity when issuing an arrest warrant, even if they express doubt about the eventual prosecution of the charge.
• Claudette Tardif v. Quinn
  545 F.2d 761· 1st Cir.· 1976-12-16 ·cited 8×
  A public employer's decision regarding an employee's personal appearance, even if potentially incorrect, is generally not subject to constitutional challenge unless it is irrational and demonstrates a lack of good faith, especially when it relates to the employer's legitimate con
• COX v. N. Va. Transp. Comm'n
  551 F.2d 555· 4th Cir.· 1976-11-04 ·cited 8×
  The court held that discharging a public employee based on public accusations of dishonesty or immorality without providing a name-clearing hearing violates the Due Process Clause of the Fourteenth Amendment.
• Munson v. Gilliam
  543 F.2d 48· 8th Cir.· 1976-10-20 ·cited 8×
  The Court of Appeals held that the district court abused its discretion in granting a preliminary injunction because the plaintiffs failed to show a strong likelihood of success on the merits or irreparable harm, and federal intervention in state criminal proceedings was unwarran
• Hill v. Johnson
  539 F.2d 439· 5th Cir.· 1976-09-23 ·cited 8×
  The court held that the district court's characterization of the suit as a petition for habeas corpus was incorrect because the plaintiff was not "in custody."
• Seymour F. X. [Cotton v. Hutto
  540 F.2d 412· 8th Cir.· 1976-08-27 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the district court's dismissal of most prisoner complaints was appropriate, but the dismissal of one prisoner's claim regarding a hernia and subsequent medical treatment was inappropriate and should be remanded.
• Niles Crowe v. Leeke
  540 F.2d 740· 4th Cir.· 1976-08-25 ·cited 8×
  The court held that overcrowded cell conditions, without more, do not constitute cruel and unusual punishment violating the Eighth Amendment.
• Jacobs v. Kunes
  541 F.2d 222· 9th Cir.· 1976-08-20 ·cited 8×
  The court held that plaintiffs were not required to exhaust administrative remedies and that temporary employees' claims were properly dismissed, but permanent employees' due process claims regarding termination procedures require further factual determination.
• Foster v. Zeeko
  540 F.2d 1310· 7th Cir.· 1976-08-18 ·cited 8×
• Prince v. Bridges
  537 F.2d 1269· 4th Cir.· 1976-07-30 ·cited 8×
  A public employee serving at the will and pleasure of an appointing authority is not deprived of a constitutionally protected liberty or property interest when discharged, absent a showing of reputational harm or violation of protected rights.
• Whitlow v. Hodges
  539 F.2d 582· 6th Cir.· 1976-07-23 ·cited 8×
  The court should not affirm the lower court's decision without first determining Kentucky's common law regarding married women adopting their husband's surnames.
• Broderick v. The Associated Hosp. Serv. OF Philadelphia
  536 F.2d 1· 3d Cir.· 1976-05-06 ·cited 8×
  Mere state regulatory approval of rates and contracts of a private entity does not constitute state action under 42 U.S.C. § 1983 where the challenged discriminatory practice was not submitted to or approved by the state and was not intertwined with the approved rates or contract
• Greear v. Loving
  538 F.2d 578· 4th Cir.· 1976-04-22 ·cited 8×
  The court held that genuine issues of material fact existed, precluding summary judgment.
• Talbot v. Pyke
  533 F.2d 331· 6th Cir.· 1976-04-15 ·cited 8×
  The court held that a mandatory retirement policy for public employees does not violate constitutional rights to due process or equal protection.
• Littleton v. Honorable Arthur O. Fisher and Honorable Harry E. Groves
  530 F.2d 691· 6th Cir.· 1976-02-13 ·cited 8×
  State court judges and referees are immune from suit under 42 U.S.C. § 1983 for actions taken in their judicial capacity.
• Martin v. Louie L. Wainwright
  526 F.2d 938· 5th Cir.· 1976-02-06 ·cited 8×
  Unreasonable interference with a prisoner's outgoing legal correspondence, limiting access to courts, creates a cause of action under 42 U.S.C. § 1983, and pro se prisoner complaints are held to less stringent standards.
• Jones v. The NEW York City Human Res. Admin.
  528 F.2d 696· 2d Cir.· 1976-01-26 ·cited 8×
  The court affirmed the district court's finding that civil service examinations had a racially disproportionate impact and were not sufficiently job-related, but affirmed the denial of attorneys' fees.
• John-Tyrone Martin v. Louie L. Wainwright
  525 F.2d 983· 5th Cir.· 1976-01-08 ·cited 8×
  A prisoner's complaint alleging denial of visitation solely based on race is sufficient to state a claim under 42 U.S.C. § 1983 and should not be dismissed without a hearing.
• Hattie Kendrick v. Walder
  527 F.2d 44· 7th Cir.· 1975-12-16 ·cited 8×
  A facially neutral at-large electoral system may violate the Equal Protection Clause when applied in a community with a history of racial discrimination and evidence that the system operates to dilute, minimize, or cancel out the voting strength of a racial minority group. Plaint
• United States Labor Party v. Codd
  527 F.2d 118· 2d Cir.· 1975-12-09 ·cited 8×
  A five-dollar fee for a daily permit to use sound amplification devices is constitutional if it is a reasonable regulatory measure to cover administrative costs and there is no proof of indigence preventing payment.
• Lokey v. Richardson
  527 F.2d 949· 9th Cir.· 1975-12-09 ·cited 8×
  The court held that summary judgment was improper because the termination of a prisoner's minimum custody status, which resulted in significant deprivations, implicated a liberty interest protected by the Due Process Clause, requiring procedural safeguards.
• Golden v. Biscayne BAY Yacht Club
  521 F.2d 344· 5th Cir.· 1975-09-26 ·cited 8×