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

• Sterling Usher v. City OF LOS Angeles
  828 F.2d 556· 9th Cir.· 1987-09-21 ·cited 60×
  The court held that the statute of limitations for a § 1983 claim arising before Wilson v. Garcia should be the earlier of the pre-Wilson period or the post-Wilson period commencing with the decision. It also held that the plaintiff adequately pleaded claims under § 1985 and for
• Webb v. City OF Chester
  813 F.2d 824· 7th Cir.· 1987-03-06 ·cited 60×
  The court held that the district judge did not err in denying the defendants' motion for a directed verdict or judgment notwithstanding the verdict, and that the admission of expert testimony was proper.
• Assiniboine AND Sioux Tribes OF the Fort Peck Indian Reservation v. The Bd. OF OIL & GAS Conservation OF the State OF Mont.
  792 F.2d 782· 9th Cir.· 1986-06-17 ·cited 60×
  The court held that the Tribes' claims were ripe for review and that the Administrative Procedure Act waives sovereign immunity, reversing the district court's dismissal for lack of a justiciable controversy.
• Dykes v. A.J. Hosemann, Jr.
  776 F.2d 942· 11th Cir.· 1985-11-18 ·cited 60×
  The en banc court holds that judicial immunity is complete, unqualified, and without exception, even for judges acting without jurisdiction or conspiring unlawfully.
• Mrs. Susie Lite Morrison v. City OF Baton Rouge
  761 F.2d 242· 5th Cir.· 1985-05-28 ·cited 60×
  A state prosecutor is absolutely immune from liability under 42 U.S.C. § 1983 for maliciously presenting evidence to a grand jury, even if calculated to clear a suspect.
• Capoeman v. Amos Reed
  754 F.2d 1512· 9th Cir.· 1985-03-06 ·cited 60×
  The court held that the constitutional right to refuse a haircut on religious grounds was not clearly established at the time of the incident, entitling prison officials to qualified immunity from damages.
• Indira Gairola v. Commonwealth OF Va. Dep't OF Gen. Servs.
  753 F.2d 1281· 4th Cir.· 1985-02-06 ·cited 60×
  The court held that the magistrate did not err in granting a directed verdict on the race discrimination claims and entering judgment for the defendants on all claims, as the plaintiff failed to establish a prima facie case and the defendants provided legitimate, non-pretextual r
• Webster v. The City OF Houston
  735 F.2d 838· 5th Cir.· 1984-07-09 ·cited 60×
  The court held that the trial court's jury instructions on municipal liability under 42 U.S.C. § 1983 were too lax and did not comply with the established standard for proving a custom or policy, requiring a new trial.
• Loudermill v. Cleveland Bd. OF Educ.
  721 F.2d 550· 6th Cir.· 1983-11-17 ·cited 60×
  The judge would affirm the district court's decision, finding that the appellants received minimal due process and that Donnelly was precluded from proceeding due to prior state court dismissals.
• Cooper v. Singer
  719 F.2d 1496· 10th Cir.· 1983-10-24 ·cited 60×
  A section 1988 attorney's fee award should not be limited by a contingent fee agreement between the client and attorney, and the client's contingent fee obligation should be adjusted to match the court-awarded fee.
• Reimer v. Smith
  663 F.2d 1316· 5th Cir.· 1981-12-14 ·cited 60×
  The court held that the plaintiff failed to establish claims for deprivation of property regarding the autocar and forklift, that the Eleventh Amendment barred suit against the state agency, that dismissal of a supervisory defendant was proper, and that collateral estoppel barred
• Angus Brown v. Neeb
  644 F.2d 551· 6th Cir.· 1981-03-03 ·cited 60×
  The court affirmed the preliminary injunction prohibiting layoffs that would reduce the proportion of minority firefighters, based on the district court's authority to modify the consent decree due to changed circumstances.
• Wolfgang Arnold v. Int'l Bus. Machs. Corp.
  637 F.2d 1350· 9th Cir.· 1981-02-05 ·cited 60×
  The court held that the defendants' involvement with the criminal investigation did not proximately cause the plaintiff's injuries, and therefore summary judgment was appropriate.
• Grano v. The Dep't OF Dev. OF the City OF Columbus
  637 F.2d 1073· 6th Cir.· 1980-12-10 ·cited 60×
  The court held that the district court applied erroneous legal standards in determining Title VII liability and that the case should be remanded for reconsideration.
• Milhurn J. Crowe v. Lucas
  595 F.2d 985· 5th Cir.· 1979-05-22 ·cited 60×
  The court held that the jury's verdict should be reinstated, finding sufficient evidence of a conspiracy to deprive the plaintiff of his civil rights and that the defendants' reliance on advice of counsel did not negate malice.
• Dennis v. S & S Consol. Rural High Sch. Dist.
  577 F.2d 338· 5th Cir.· 1978-07-31 ·cited 60×
  A non-tenured public school teacher denied contract renewal is entitled to Fourteenth Amendment due process when the school board publicly makes stigmatizing charges against him, even if he has no property interest in continued employment.
• Zarcone v. Perry
  581 F.2d 1039· 2d Cir.· 1978-07-28 ·cited 60×
  A prevailing party in a civil rights action is not automatically entitled to attorney's fees under 42 U.S.C. § 1988 if the suit was primarily for damages and competent counsel could be attracted on a contingent fee basis.
• Zarcone v. Perry
  572 F.2d 52· 2d Cir.· 1978-03-03 ·cited 60×
  The court affirmed the jury's punitive damages award, finding it was not excessive given the defendant's abuse of official power and egregious conduct.
• Bruce v. Wade
  537 F.2d 850· 5th Cir.· 1976-08-27 ·cited 60×
  A prosecutor is absolutely immune from § 1983 liability for acts within the scope of his duties, but custodial officials may be liable for alleged beatings and inhumane disciplinary confinement if proven.
• Cohen v. Ill. Inst. OF Tech.
  524 F.2d 818· 7th Cir.· 1975-10-28 ·cited 60×
  A private university's alleged discrimination against women faculty does not constitute action under color of state law for § 1983, nor is a conspiracy to violate Fourteenth Amendment rights actionable under § 1985(3) without state action.
• LA Batt v. Twomey
  513 F.2d 641· 7th Cir.· 1975-01-08 ·cited 60×
  The court held that while prolonged prison lock-downs may require due process protections, a nine-day lock-down in response to an emergency, absent bad faith, does not necessitate a prior hearing. However, claims of denial of medical treatment and certain equal protection violati
• Cooper v. Allen
  467 F.2d 836· 5th Cir.· 1972-08-29 ·cited 60×
• Sanders v. Honorable Dan M. Russell
  401 F.2d 241· 5th Cir.· 1968-09-18 ·cited 60×
  A district court rule limiting pro hac vice appearances of out-of-state attorneys in non-fee generating civil rights cases is invalid because it unreasonably restricts a litigant's right to counsel of choice and contravenes congressional intent.
• Mrs. Elvira S. Rolfe and Mrs. Bernice L. Peebles v. Cnty. Bd. OF Educ. OF Lincoln Cnty. Tenn.
  391 F.2d 77· 6th Cir.· 1968-02-19 ·cited 60×
  A school board's discharge of non-tenure teachers based on a comparison limited to faculty at a single, racially homogeneous school, rather than system-wide objective standards, constitutes unlawful racial discrimination under the Fourteenth Amendment.
• Smith v. Hampton Training Sch. FOR Nurses
  360 F.2d 577· 4th Cir.· 1966-04-28 ·cited 60×
  The court held that a hospital receiving federal funds under the Hill-Burton Act is subject to constitutional prohibitions against racial discrimination, and that this principle applies retroactively to cases on direct appeal.
• Moss v. Hornig
  314 F.2d 89· 2d Cir.· 1963-01-18 ·cited 60×
  The court held that the plaintiff failed to prove purposeful discrimination required for an equal protection claim under 42 U.S.C. § 1983, and thus, the district court did not err in entering summary judgment for the defendant.
• Ventura v. State
  2 So. 3d 194· Fla.· 2009-01-29 ·cited 59×
  Peter Ventura, a death-row inmate convicted of first-degree murder in 1988, challenged the constitutionality of Florida's lethal injection protocol in a successive postconviction motion. The Florida Supreme Court affirmed the summary denial of his motion, holding that his claims
• Ansley v. Heinrich
  925 F.2d 1339· 11th Cir.· 1991-03-11 ·cited 59×
  The court held that while the district court incorrectly instructed the jury on qualified immunity, the instruction as a whole did not mislead the jury, and qualified immunity is a question of law for the court, not the jury. The court also affirmed the denial of directed verdict
• Annabelle Lipsett v. Univ. OF Puerto RICO
  864 F.2d 881· 1st Cir.· 1988-10-26 ·cited 59×
  The court held that the plaintiff presented sufficient evidence of a hostile work environment and sex discrimination to survive summary judgment against most defendants.
• Thorsted v. Kelly
  858 F.2d 571· 9th Cir.· 1988-10-03 ·cited 59×
  The court held that the district court did not err in submitting a qualified immunity instruction to the jury, as the question of whether a reasonable officer could believe his conduct was legal is fact-specific.
• E & T Realty v. Strickland
  830 F.2d 1107· 11th Cir.· 1987-10-26 ·cited 59×
  The court held that even if the plaintiffs were treated differently, there were rational and legitimate grounds for the decision, making reversal appropriate without remand.
• Morgan v. S. Bend Cmty. Sch. Corp. & James P. Scamman
  797 F.2d 471· 7th Cir.· 1986-07-29 ·cited 59×
  The court held that under Indiana law, a superintendent and school board attorney lack the authority to bind the school board to a settlement agreement involving employee reinstatement, and federal law does not create a rule reallocating such authority.
• Am. Civil Liberties Union OF Ill. v. City OF ST. Charles & Fred T.L. Norris
  794 F.2d 265· 7th Cir.· 1986-06-06 ·cited 59×
  The court held that the prominent display of a Latin cross on a public building during Christmas, even if part of a larger display, likely violates the Establishment Clause because it signifies governmental support for Christianity and is not a traditional Christmas symbol.
• Jones v. Preuit & Mauldin
  763 F.2d 1250· 11th Cir.· 1985-06-21 ·cited 59×
  The court held that Section 1983 claims should be characterized as personal injury actions akin to trespass, thus borrowing Alabama's six-year statute of limitations.
• Floyd v. Farrell
  765 F.2d 1· 1st Cir.· 1985-06-19 ·cited 59×
  A police officer is entitled to qualified immunity if the facts and circumstances known to him at the time of a warrantless arrest would warrant a person of reasonable caution to believe that the suspect had committed a crime, even if a later probable cause hearing finds no proba
• Trejo v. Perez
  693 F.2d 482· 5th Cir.· 1982-12-13 ·cited 59×
  The court held that the trial court erred in not allowing the jury to consider whether the arresting officer had probable cause to arrest the plaintiff for violating the Texas 'Stop and Identify' statute, even though the officer arrested him for disorderly conduct and the statute
• Elizabeth and Katherine Castaneda v. Mrs. A. M. "Billy" Pickard
  648 F.2d 989· 5th Cir.· 1981-06-23 ·cited 59×
  The court held that the district court's failure to make findings regarding the history of discrimination and unitary status significantly hampered appellate review of ability grouping and employment discrimination claims. The court granted a motion to supplement the appellate re
• ST. Claire v. Cuyler
  634 F.2d 109· 3d Cir.· 1980-11-06 ·cited 59×
  The court held that prison officials' regulations prohibiting headwear in dining areas, requiring inmates to remove headwear before passing security gates, and denying escorts for segregated inmates to religious services were justified by legitimate penological interests in secur
• McDONALD v. Hall
  610 F.2d 16· 1st Cir.· 1979-11-29 ·cited 59×·via 42 U.S.C. § 1983 Claim
  The court held that the plaintiff's First Amendment claim was too attenuated and lacked sufficient factual allegations to proceed.
• Hardwick v. Ault
  517 F.2d 295· 5th Cir.· 1975-08-08 ·cited 59×
  State prisoners are not required to exhaust state administrative remedies before bringing an action under 42 U.S.C. § 1983 for conditions of confinement.
• Seana Barnett v. MacArthur
  956 F.3d 1291· 11th Cir.· 2020-04-15 ·cited 58×
  The Eleventh Circuit held that a county's mandatory eight-hour DUI hold policy, which requires detention even when breathalyzer tests show 0.000 BAC and the arrestee has posted bond, can violate the Fourth Amendment if probable cause for detention has dissipated.
• Medberry v. Butler
  185 F.3d 1189· 11th Cir.· 1999-08-23 ·cited 58×
  A prisoner with three prior frivolous or malicious lawsuits sought to proceed in forma pauperis under 28 U.S.C. § 1915(g), arguing that counting pre-PLRA dismissals violated the Ex Post Facto Clause and that he qualified for the imminent danger exception. The Eleventh Circuit hel
• Luckey v. Harris
  860 F.2d 1012· 11th Cir.· 1988-11-23 ·cited 58×
  The court held that the Eleventh Amendment does not bar a suit seeking prospective relief against state officials for systemic deficiencies in indigent defense, and that the complaint sufficiently stated a claim for relief under the Sixth Amendment.
• Est. OF Aleta v. Bailey
  768 F.2d 503· 3d Cir.· 1985-06-27 ·cited 58×
  The court held that the district court erred in dismissing the complaint because the allegations, if proven, could establish a "special relationship" between the child protective services agency and the deceased child, giving rise to an affirmative duty to protect. The court foun
• Smith v. City OF Pittsburgh
  764 F.2d 188· 3d Cir.· 1985-06-12 ·cited 58×
  The court held that the Supreme Court's decision in Wilson v. Garcia, which mandates that all 42 U.S.C. § 1983 claims be characterized as personal injury actions for statute of limitations purposes, should be applied retrospectively. Therefore, the plaintiff's claim, filed after
• Wells v. Hico Indep. Sch. Dist.
  736 F.2d 243· 5th Cir.· 1984-07-16 ·cited 58×
  The court held that the trial judge erred in submitting the due process liberty interest claim to the jury because there was no evidence to support it.
• Sec. & LAW Enf't Emps. v. Carey
  737 F.2d 187· 2d Cir.· 1984-06-08 ·cited 58×
  The court held that prison administrators should be afforded wide-ranging deference in adopting policies for institutional security and order, and that strip searches of employees should not be limited beyond not being arbitrary, capricious, or in bad faith.
• Lynch v. Dukakis
  719 F.2d 504· 1st Cir.· 1983-10-12 ·cited 58×
  The court affirmed the district court's preliminary injunction, holding that Title IV-E of the Social Security Act is enforceable through a Section 1983 action and that the district court did not abuse its discretion in fashioning the relief granted.
• Chiplin Enters., Inc. v. City OF Lebanon
  712 F.2d 1524· 1st Cir.· 1983-08-01 ·cited 58×
  A municipality's bad faith refusal to follow state law in local administrative matters, without more, does not constitute a deprivation of due process when state courts are available to correct the error.
• ROY v. The City OF Augusta
  712 F.2d 1517· 1st Cir.· 1983-07-28 ·cited 58×
  The court held that res judicata barred the action against the City of Augusta but not against the individual defendants, and that the complaint stated a possible claim under 42 U.S.C. § 1983 against the individual defendants.