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

• Harron v. United Hosp. Ctr., Inc.
  522 F.2d 1133· 4th Cir.· 1975-09-08 ·cited 8×
  The court held that the claims under federal civil rights and antitrust statutes were frivolous and lacked substantial federal questions, thus depriving the court of jurisdiction.
• Taylor v. ST. Vincent's Hosp.
  523 F.2d 75· 9th Cir.· 1975-08-26 ·cited 8×
  The court held that a denominational hospital's refusal to perform a sterilization procedure, even if it holds a monopoly on maternity services, does not constitute "state action" under 42 U.S.C. § 1983, especially after the enactment of the Church Amendment.
• Burbank v. Twomey
  520 F.2d 744· 7th Cir.· 1975-08-08 ·cited 8×
  The court held that the prisoner's claims for declaratory and injunctive relief were moot due to the adoption of a new prison regulation that provided the relief sought. The court also held that the prisoner was not entitled to attorney fees.
• Carlo v. Gunter
  520 F.2d 1293· 1st Cir.· 1975-08-04 ·cited 8×
  The court held that while an emergency may justify postponing due process procedures, it does not eliminate the requirement for them, and inmates are entitled to minimal due process at the earliest practicable opportunity.
• Norbert L. Cody v. Union Elec.
  518 F.2d 978· 8th Cir.· 1975-07-17 ·cited 8×
  The court held that a claim under 42 U.S.C. § 1981 for racial discrimination in security deposits is cognizable, but a claim under 42 U.S.C. § 1983 requires state action, which is absent here.
• Shannon v. Lester
  519 F.2d 76· 6th Cir.· 1975-07-08 ·cited 8×
  The court held that the jury instructions on compensatory damages were erroneous, leading to a potentially excessive verdict, and that punitive damages should not have been submitted to the jury.
• Ill. Migrant Council & Roy Villareal v. Campbell Soup Co.
  519 F.2d 391· 7th Cir.· 1975-06-26 ·cited 8×
  The court held that the plaintiffs' complaint sufficiently alleged state action under 42 U.S.C. § 1983 by describing the defendant's residential community as a 'company town' functionally equivalent to a municipality.
• Henderson v. The Sec'y OF Corr.
  518 F.2d 694· 10th Cir.· 1975-06-26 ·cited 8×
  The court held that while a prisoner's claim for release must be brought as a habeas corpus petition, a claim for damages and injunctive relief for inadequate medical care can be brought under 42 U.S.C. § 1983, but in this case, the alleged inadequate care did not rise to a const
• Amezquita v. Hernandez-Colon
  518 F.2d 8· 1st Cir.· 1975-06-20 ·cited 8×
  Squatters occupying land without legal right have no reasonable expectation of privacy protected by the Fourth Amendment, nor a constitutionally protected property interest under the Fourteenth Amendment for due process purposes.
• Rhodes v. City OF Chicago in Tr. For the USE OF Schs.
  516 F.2d 1373· 7th Cir.· 1975-04-28 ·cited 8×
  The court held that the district court properly granted summary judgment because the Uniform Relocation Assistance and Real Property Acquisition Act does not create private rights of action, and the state court provided an adequate forum for the plaintiffs' claims.
• Dunlap v. State OF Tenn.
  514 F.2d 130· 6th Cir.· 1975-04-17 ·cited 8×
  The court held that the district court erred in dismissing the complaint, as the plaintiff should have an opportunity to prove his allegations that the military decision was made for non-military reasons to deny him administrative recourse.
• Mendez v. Acevedo
  512 F.2d 1373· 1st Cir.· 1975-04-01 ·cited 8×
  The court affirmed the district court's judgment, finding that the appellants' actions violated the appellee's civil rights and that the district court did not abuse its discretion in awarding attorney's fees.
• R. E. Cruise v. Bruggeman
  508 F.2d 415· 6th Cir.· 1975-01-10 ·cited 8×
  Summary judgment was properly entered where the defendants supported their motion with affidavits complying with Rule 56(e) and the plaintiffs failed to respond with affidavits or other evidence establishing a genuine issue of material fact.
• Sarteschi v. Burlein
  508 F.2d 110· 3d Cir.· 1975-01-06 ·cited 8×
  The court held that a civil rights action against state officials for alleged unconstitutional discharge is not barred by the Eleventh Amendment, even if relief requires official action, as long as it does not seek to collect from the state treasury.
• Paulos v. Breier
  507 F.2d 1383· 7th Cir.· 1974-12-30 ·cited 8×
  A police department rule prohibiting officers from using their influence for political reasons is constitutional as applied to an officer who sent a political endorsement letter to subordinate officers.
• Burdeau v. Trs. OF the Cal. State Colleges
  507 F.2d 770· 9th Cir.· 1974-11-29 ·cited 8×
  A non-tenured probationary professor's contract non-renewal, without stated reasons or disclosure of personnel file contents, does not violate due process rights under the Fourteenth Amendment as it does not deprive the individual of 'liberty' or 'property'.
• Stone v. Egeler
  506 F.2d 287· 6th Cir.· 1974-11-15 ·cited 8×
  The court affirmed the injunctive relief granted by the lower court, finding the prisoners' transfers were disciplinary and required due process, but vacated the order for immediate release.
• Weathers v. Ebert
  505 F.2d 514· 4th Cir.· 1974-11-13 ·cited 8×
  A Commonwealth's Attorney is immune from suit for actions taken in his official capacity, absent specific allegations of intentional abuse of power.
• Herzbrun v. Milwaukee Cnty.
  504 F.2d 1189· 7th Cir.· 1974-10-17 ·cited 8×
  The court held that the county rule's provision for discipline based on acts unbecoming an employee was not unconstitutionally vague or overbroad, particularly for an employee whose conduct was clearly within the rule's scope.
• Moye v. The City OF Raleigh
  503 F.2d 631· 4th Cir.· 1974-10-01 ·cited 8×
  The court held that federal courts should abstain from interfering with pending state criminal prosecutions, denying injunctive and declaratory relief, and dismissing damages claims without prejudice.
• Collins v. Wolfson
  498 F.2d 1100· 5th Cir.· 1974-08-09 ·cited 8×
  The court held that claims of non-tenured instructors alleging arbitrary nonrenewal criteria are not actionable under § 1983, but a tenured instructor alleging termination without proper process stated a claim.
• Redfearn v. Del. Republican State Comm.
  502 F.2d 1123· 3d Cir.· 1974-07-29 ·cited 8×
  When a state statute intrudes into a political party's internal organization and a party rule challenged under equal protection is intertwined with that statute, a court must weigh the party's First Amendment right of association before enjoining the party rule, and may instead n
• Watson v. Kenlick Coal Co., Inc.
  498 F.2d 1183· 6th Cir.· 1974-06-21 ·cited 8×
  The court held that the Watsons' claim of constitutional deprivation under 42 U.S.C. § 1983 failed because there was neither a constitutional deprivation nor state action. The interpretation of a 'broad form' deed under Kentucky property law did not violate due process or constit
• Allen v. Sisters OF Saint Joseph
  490 F.2d 81· 5th Cir.· 1974-03-01 ·cited 8×
  The court held that the case was moot because the plaintiff had already given birth and obtained the sterilization she sought, rendering injunctive relief impossible and the controversy no longer live.
• Burris v. State Dep't of Pub. Welf. of S.C.
  491 F.2d 762· 4th Cir.· 1974-02-08 ·cited 8×
  The court held that the district court should have informed the plaintiff's counsel about the availability of 42 U.S.C. § 1983 and 28 U.S.C. § 1343 for their due process claim.
• Agee v. Hickman
  490 F.2d 210· 8th Cir.· 1974-01-31 ·cited 8×
  The court held that the trial court's finding that the force used by the deputy sheriffs was reasonable and necessary to effect the arrest was not clearly erroneous.
• Garcia v. Daniel
  490 F.2d 290· 7th Cir.· 1973-12-28 ·cited 8×
  The court held that a plaintiff discharged for falsifying records is not entitled to back pay or damages for reputational harm when the hearing was delayed, as the hearing's purpose was to clear his name, not to contest the validity of the discharge reason.
• Freitag v. Carter
  489 F.2d 1377· 7th Cir.· 1973-12-10 ·cited 8×
  The court held that the Commissioner's denial of a chauffeur's license without adequate notice and hearing violated due process, and that while the City of Chicago was improperly sued under § 1983, the Commissioner was liable for stipulated damages.
• The Guardians Ass'n OF the NEW York City Police Dep't, Inc. v. Civil Serv. Comm'n OF the City OF NEW York
  490 F.2d 400· 2d Cir.· 1973-11-21 ·cited 8×
  The court affirmed the denial of a preliminary injunction against appointments from existing lists, finding the lists would soon be exhausted and all on them assured of speedy appointment. However, it instructed the district court to allow plaintiffs to review and comment on prop
• Citizens FOR A Better Env't, Inc. v. Nassau Cnty.
  488 F.2d 1353· 2d Cir.· 1973-11-14 ·cited 8×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiffs failed to demonstrate a likelihood of prevailing on the merits or irreparable harm, given the unresolved state law questions regarding the plaintiff orga
• Wright v. The Houston Indep. Sch. Dist.
  486 F.2d 137· 5th Cir.· 1973-10-10 ·cited 8×
  The court affirmed the district court's dismissal, holding that federal courts cannot prohibit the teaching of evolution in public schools for religious reasons.
• Baxter K. Williams v. The Albemarle City Bd. OF Educ.
  485 F.2d 232· 4th Cir.· 1973-10-01 ·cited 8×
  The court held that while the plaintiff was subjected to racial discrimination in his reassignment, he is not entitled to damages because he failed to mitigate his losses by rejecting a comparable employment offer.
• Polk v. The State BAR OF Tex.
  480 F.2d 998· 5th Cir.· 1973-06-20 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in dismissing the § 1983 action based on the Younger doctrine, as the administrative reprimand by the Grievance Committee was not an integral part of Texas's criminal law enforcement.
• Handverger v. Harvill
  479 F.2d 513· 9th Cir.· 1973-05-22 ·cited 8×
  University officials are entitled to the good faith defense in a § 1983 action when they reasonably believed the planned event involved illegal activity and sought legal counsel.
• Barr v. United States
  478 F.2d 1152· 10th Cir.· 1973-04-30 ·cited 8×
  The court held that the district court correctly dismissed the claims against all defendants, affirming the dismissal for lack of jurisdiction, failure to state a claim, and failure to exhaust administrative remedies.
• Rhodes v. Bureau OF Prisons
  477 F.2d 347· 5th Cir.· 1973-04-27 ·cited 8×
  The court held that while the claim for injunctive relief was moot, the prisoner's claim for damages under 42 U.S.C. § 1983 failed as a matter of law.
• Serafin Carmona and Manuel Venegas v. Sheffield
  475 F.2d 738· 9th Cir.· 1973-04-02 ·cited 8×
  The court held that the state's use of English-only notices for unemployment benefits was a reasonable approach and did not violate due process or equal protection, nor federal statutory requirements.
• Lehman v. The City OF Pittsburgh
  474 F.2d 21· 3d Cir.· 1973-02-21 ·cited 8×
  The court held that municipalities and their agencies are not 'persons' under 42 U.S.C. § 1983, but individual officials are. The equal protection claim regarding the durational residency ordinance requires further consideration.
• Anderson v. Nemetz
  474 F.2d 814· 9th Cir.· 1973-01-24 ·cited 8×
  The court held that the appellant had standing to challenge the Arizona vagrancy statute and that the Younger abstention doctrine did not apply because no state prosecution was pending.
• Grady Carroll Ouzts v. Md. Nat'l Ins. Co.
  470 F.2d 790· 9th Cir.· 1972-12-06 ·cited 8×
  The court held that the district court erred in dismissing the first count for lack of subject matter jurisdiction, but the dismissal was proper because the complaint failed to state a claim upon which relief could be granted under federal law.
• G. I. Distribs., Inc. v. Murphy
  469 F.2d 752· 2d Cir.· 1972-11-14 ·cited 8×
  The First Amendment does not prohibit a brief pre-hearing seizure of allegedly obscene materials when the seizure is followed within hours by a prompt adversary hearing before a judicial officer, provided the restraint is minimal and the hearing is held at the earliest possible t
• Edwards v. Vasel
  469 F.2d 338· 8th Cir.· 1972-11-02 ·cited 8×
  The court held that a plaintiff cannot relitigate the validity of his conviction in a civil rights action based on alleged false testimony at a prior habeas corpus hearing.
• Flossie v. Grimes
  462 F.2d 650· 4th Cir.· 1972-06-06 ·cited 8×
  The court held that the hearing afforded to the non-tenured teacher, even if she was entitled to one, satisfied the minimum requirements of procedural due process.
• Thomas v. The Bd. OF Educ. OF the Plum Bayou-Tucker Sch. Dist. NO. 1
  457 F.2d 1268· 8th Cir.· 1972-03-30 ·cited 8×
  The court held that the school board demonstrated by clear and convincing evidence that its policies and procedures were not discriminatory, and thus affirmed the trial court's dismissal of the appellants' claims.
• Carter v. Duggan
  455 F.2d 1156· 5th Cir.· 1972-02-29 ·cited 8×
  State judges are immune from suit for damages for judicial actions, and a federal court should not compel state judges to act without prior exhaustion of state remedies.
• Boag v. Boies
  455 F.2d 467· 9th Cir.· 1972-02-03 ·cited 8×
  The court held that the district court's denial of the motion to proceed in forma pauperis was proper because the prisoner failed to state a claim upon which relief could be granted.
• Gere v. Emory R. Stanley
  453 F.2d 205· 3d Cir.· 1971-12-27 ·cited 8×
  A school board regulation limiting hair length is constitutional under the Fourteenth Amendment when the school board presents evidence that the student's long hair caused disruptions to the educational process, and the regulation is reasonable in relation to its subject and adop
• McGINNIS v. United States ex rel. Milton Pollack
  452 F.2d 833· 2d Cir.· 1971-12-02 ·cited 8×
  The state must credit time spent in custody on a new charge against a prior sentence when the defendant could not make bail on the new charge due to indigence, even if the statute does not explicitly allow it.
• Owens v. Brierley
  452 F.2d 640· 3d Cir.· 1971-11-17 ·cited 8×
  The court held that a prisoner's complaint alleging racial discrimination in the prison's magazine selection process, which stated a claim under the First and Fourteenth Amendments, should not have been dismissed sua sponte without a responsive pleading.
• Woolsey v. Beto
  450 F.2d 321· 5th Cir.· 1971-10-28 ·cited 8×