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

• Gabe v. The Cnty. OF Clark
  701 F.2d 102· 9th Cir.· 1983-03-09 ·cited 6×
  The court held that while Rule 7.1 was validly adopted, it could not retroactively terminate an employee's existing property interest in job security without notice and consent.
• Warren v. Byrne
  699 F.2d 95· 2d Cir.· 1983-01-25 ·cited 6×
  The court held that the dismissal of criminal trespass charges did not preclude relitigation of the trespass issue in a civil case, and that the jury instructions regarding the burden of proof were proper.
• Adams v. McDOUGAL
  695 F.2d 104· 5th Cir.· 1983-01-10 ·cited 6×
  The court held that a deputy sheriff's status as an appointee does not preclude a claim under 42 U.S.C. § 1981 for racial discrimination in employment, and that the trial court erred in not applying the proper legal standards to the rehiring claim.
• Bailey M. Smith v. The City OF Okla. City
  696 F.2d 784· 10th Cir.· 1983-01-05 ·cited 6×
  The court held that an arrest warrant based on computer data showing current vehicle ownership, without confirming ownership at the time of the parking violations, violates the Fourth Amendment's probable cause requirement.
• Salinas v. Chief Harold Breier
  695 F.2d 1073· 7th Cir.· 1982-12-22 ·cited 6×
  The concurring judge concurs based on the assumption of probable cause for the arrests, which would preclude a constitutional tort claim.
• Jordan v. Multnomah Cnty.
  694 F.2d 1156· 9th Cir.· 1982-12-16 ·cited 6×
  A prevailing plaintiff in a civil rights action may be awarded attorneys' fees for time spent on unsuccessful but related claims, even if those claims went to trial.
• P. Mastrippolito & Sons, Inc. v. Joseph
  692 F.2d 1384· 3d Cir.· 1982-11-15 ·cited 6×
  The court held that the district court did not abuse its discretion in denying attorney's fees to the prevailing defendant, but did err in denying costs to the prevailing defendant.
• Smith v. Iron Cnty.
  692 F.2d 685· 10th Cir.· 1982-10-18 ·cited 6×
  The court held that the jailer's use of mace on a pretrial detainee, under the circumstances presented, did not violate the detainee's constitutional rights.
• Rev. E. Z. Charles v. Coleman
  689 F.2d 774· 8th Cir.· 1982-10-05 ·cited 6×
  The court held that the district court did not abuse its discretion in awarding attorney's fees to the plaintiffs as prevailing parties and in limiting the award solely to OIC.
• Branchcomb v. Lou Brewer
  683 F.2d 251· 8th Cir.· 1982-07-14 ·cited 6×
  The court held that the trial court's finding of no deliberate indifference by the named defendants was not clearly erroneous, but vacated the dismissal of claims against two other defendants based on a change in the applicable statute of limitations.
• Caldwell v. United States
  682 F.2d 142· 7th Cir.· 1982-06-29 ·cited 6×
  The court held that there is no statutory authority for a district court to impose an installment payment plan for filing fees when granting in forma pauperis status.
• Greene v. Hon. Robert McGUIRE
  683 F.2d 32· 2d Cir.· 1982-06-14 ·cited 6×
  The court held that the police commissioner's denial of reinstatement did not deprive the former officers of property or liberty interests protected by the Fourteenth Amendment, thus no hearing was constitutionally required.
• Hood v. NEW Jersey Dep't OF Civil Serv.
  680 F.2d 955· 3d Cir.· 1982-06-10 ·cited 6×
  The dissent argues that the case should be remanded to the district court for further proceedings on both the Title VII and § 1981 claims.
• McBRIDE v. Soos
  679 F.2d 1223· 7th Cir.· 1982-06-08 ·cited 6×
  The court held that demanding state agents are not liable under § 1983 for violations of asylum state extradition laws if they neither caused nor participated in the violations. Any error in denying a jury trial was harmless because the plaintiff failed to establish a cause of ac
• Kelser v. Anne Arundel Cnty. Dep't OF Soc. Servs. & John Q. Isaacs & Ms. Charlotte Gammer
  679 F.2d 1092· 4th Cir.· 1982-06-07 ·cited 6×
  The court held that while abstention was proper, dismissal was not; the case should have been retained on the docket pending state court resolution.
• Glynn v. Auger
  678 F.2d 760· 8th Cir.· 1982-05-25 ·cited 6×
  The court held that the double-celling policy did not violate the ex post facto clause or the Eighth Amendment, and that the harassment claim was properly dismissed.
• Stenseth v. Greater Fort Worth & Tarrant Cnty. Cmty. Action Agency
  673 F.2d 842· 5th Cir.· 1982-04-22 ·cited 6×
  The court held that the district court erred in awarding attorney's fees against the plaintiff, as her claims were not frivolous at the time of trial. However, the court affirmed the district court's finding that the plaintiff did not establish a valid claim under 42 U.S.C. § 198
• Occhino v. Nw. Bell Tel. Co.
  675 F.2d 220· 8th Cir.· 1982-04-14 ·cited 6×
  The court affirmed the district court's grant of summary judgment, holding that the telephone company's termination of service for abusive calls did not constitute state action under § 1983 and that the plaintiff had no constitutional right to telephone service or due process bef
• Fiesel v. Bd. OF Educ. OF the City OF NEW York
  675 F.2d 522· 2d Cir.· 1982-04-09 ·cited 6×
  The court held that a cause of action under 42 U.S.C. § 1983 does not accrue until the alleged discriminatory act occurs, regardless of subsequent changes in the law that make such suits possible.
• Noble v. Joint City-County Bd. OF TAX Assessors OF Fulton Cnty.
  672 F.2d 872· 11th Cir.· 1982-04-05 ·cited 6×
  The court held that while the arbitration process in Fulton County is inadequate to address claims of unconstitutional tax assessment uniformity, a suit in equity in Georgia courts provides a plain, speedy, and efficient remedy, thus barring federal jurisdiction under the Tax Inj
• Boag v. Chief OF Police
  669 F.2d 587· 9th Cir.· 1982-02-18 ·cited 6×
  The court held that the plaintiff's civil rights action was barred by the statute of limitations because his parole in 1977 ended the tolling period for his imprisonment, and the suit was filed more than one year after that cessation.
• Clayton v. Douglas
  670 F.2d 143· 10th Cir.· 1982-02-11 ·cited 6×
  The court held that the inmate's complaint failed to allege sufficient facts to establish a claim of constitutional deprivation, and the district court's dismissal was therefore proper.
• Johnston v. Herschler
  669 F.2d 617· 10th Cir.· 1982-01-21 ·cited 6×
  A public employee's discharge for refusing to discuss an investigation, without asserting a Fifth Amendment right against self-incrimination, does not violate the Constitution. Furthermore, a Governor's refusal to appoint replacements to a review board, acting in an adjudicative
• Hines v. Bd. OF Educ. OF Covington
  667 F.2d 564· 6th Cir.· 1982-01-08 ·cited 6×
  The court affirmed the dismissal of the civil rights action, holding it was barred by the applicable statute of limitations.
• Cape COD Nursing Home Council v. Rambling Rose Rest Home
  667 F.2d 238· 1st Cir.· 1981-12-30 ·cited 6×
  The court held that the plaintiffs failed to state a claim for a First Amendment right of access to a privately owned rest home, as it did not meet the criteria for a 'company town' and the police involvement in their arrest did not constitute state action.
• Benson v. Superior Court Dep't OF the Trial Court OF Mass. & Francis X. Bellotti
  663 F.2d 355· 1st Cir.· 1981-11-09 ·cited 6×
  The court held that the double jeopardy clause does not bar prosecution for conspiracy after acquittal on substantive arson charges, and that claims regarding relitigation of facts are not yet ripe for federal review.
• McCLUSKEY v. The Bd. OF Educ. OF Rogers
  662 F.2d 1263· 8th Cir.· 1981-10-28 ·cited 6×
• Jaffe v. Alexis
  659 F.2d 1018· 9th Cir.· 1981-10-23 ·cited 6×
  A state policy prohibiting religious speech on public property, while allowing other speech, violates the First Amendment's Free Speech Clause and Equal Protection Clause.
• Phelps v. Kan. Supreme Court
  662 F.2d 649· 10th Cir.· 1981-10-05 ·cited 6×
  The court held that a federal court cannot review state disbarment proceedings and that the attorney's due process claim failed because the disbarment could be sustained on other charges that were properly noticed and adjudicated.
• Denver Policemen's Protective Ass'n v. Lichtenstein
  660 F.2d 432· 10th Cir.· 1981-09-18 ·cited 6×
  The court held that the district court did not err in dismissing the complaint, as the discovery order for police investigative files did not violate officers' rights to privacy, executive privilege, or equal protection.
• Davis v. Rendell
  659 F.2d 374· 3d Cir.· 1981-09-15 ·cited 6×
  The court held that the district court should address the prosecutor's immunity defense in the first instance, and that the case should be remanded for further proceedings.
• Hummer v. Dalton
  657 F.2d 621· 4th Cir.· 1981-08-26 ·cited 6×
  The court held that the district court's procedural errors in granting summary judgment did not prejudice the plaintiff, and his claims lacked merit.
• Anderson v. Evans
  660 F.2d 153· 6th Cir.· 1981-08-13 ·cited 6×
  The court held that the school board's interest in maintaining an efficient school system and employing effective teachers outweighed the teacher's interest in making racially charged remarks, thus her dismissal was not an unconstitutional act.
• Lister v. Hoover
  655 F.2d 123· 7th Cir.· 1981-07-31 ·cited 6×
  The court held that the plaintiffs' due process claims regarding the hearing and disclosure of standards were properly dismissed, but remanded one due process claim for failure to state reasons for denial. The equal protection claims were also dismissed.
• Otha Lee Conley v. Off. of the Pub. Def.
  653 F.2d 1241· 8th Cir.· 1981-07-21 ·cited 6×
  Witnesses are absolutely immune from civil rights actions under 42 U.S.C. § 1983 for testimony given in judicial proceedings.
• Alfred "Skip" Robinson v. Stovall
  646 F.2d 1087· 5th Cir.· 1981-06-05 ·cited 6×
  The court held that the Younger abstention doctrine does not bar federal court access for plaintiffs who have not been arrested or are not subject to pending state prosecutions, even if their interests are intertwined with those who are.
• Flangas v. State BAR OF Nev.
  655 F.2d 946· 9th Cir.· 1981-05-29 ·cited 6×
  The court held that the district court abused its discretion by granting a preliminary injunction against state disciplinary proceedings because the appellant failed to exhaust available state remedies for alleged judicial bias.
• Mlikotin v. City OF LOS Angeles
  643 F.2d 652· 9th Cir.· 1981-04-23 ·cited 6×
  The court held that the complaint failed to state a claim for denial of equal protection because it did not allege unequal treatment of similarly situated persons or an invidious classification.
• Moreno v. Univ. OF Md.
  645 F.2d 217· 4th Cir.· 1981-03-26 ·cited 6×
  The University's "In-State" status policy denied due process and equal protection to G-4 visa holders, and its agreement to pay tuition refunds constituted a waiver of Eleventh Amendment immunity.
• Brooks v. Fitch
  642 F.2d 46· 3d Cir.· 1981-02-23 ·cited 6×
  The court held that it lacked jurisdiction to hear the appeal because the district court had not entered a final judgment under Rule 54(b) on all claims.
• Powell v. Levit
  640 F.2d 239· 9th Cir.· 1981-02-19 ·cited 6×
  The court held that the admission of evidence of the plaintiff's prior juvenile adjudication and a sixteen-year-old criminal conviction was prejudicial error.
• Herndon v. The City OF Massillon
  638 F.2d 963· 6th Cir.· 1981-01-26 ·cited 6×
  A party cannot seek a new trial solely because jury instructions were unrecorded if they failed to attempt reconstruction under Rule 10(c) and alleged no error in the instructions themselves.
• Matz v. Kelsch
  638 F.2d 48· 8th Cir.· 1981-01-14 ·cited 6×
  The court held that the inmate's interest in work release was not a constitutionally protected liberty interest and that the parole board's procedures were fair and satisfied due process standards.
• North v. Budig
  637 F.2d 246· 4th Cir.· 1981-01-09 ·cited 6×
  The district court should have abstained from exercising its jurisdiction under the Pullman abstention doctrine, and its injunctive orders restraining the state court were improper.
• Schlette v. Burdick
  633 F.2d 920· 9th Cir.· 1980-12-10 ·cited 6×
  The court held that there was no triable issue of fact regarding the constitutionality of the plaintiff's confinement, entitling the conservators to summary judgment.
• Swan v. Stoneman
  635 F.2d 97· 2d Cir.· 1980-10-17 ·cited 6×
  The court held that the exhaustion doctrine should not bar Ambrose's due process claim because the available administrative remedies were post-termination and inadequate to provide class-wide relief.
• Cummings v. Dunn
  630 F.2d 649· 8th Cir.· 1980-09-29 ·cited 6×
  Summary judgment was appropriate regarding the procedural due process claim and conditions of confinement, but inappropriate regarding the denial of medication claim.
• Luella Holmes and Elizabeth Y. Thomas v. Finney
  631 F.2d 150· 10th Cir.· 1980-09-12 ·cited 6×
  The court held that the mere surreptitious taping of a conversation by a party to it, without more, does not violate any federally protected right actionable under 42 U.S.C. §§ 1981, 1983, or 1985(3).
• Walker v. Wegner
  624 F.2d 60· 8th Cir.· 1980-07-02 ·cited 6×
  The court held that abstention under Younger v. Harris is not appropriate because the administrative proceeding cannot resolve the constitutional claims and requiring exhaustion would cause undue delay and prior restraint.
• Lucsik v. Bd. OF Educ. OF the Brunswick City Sch. Dist.
  621 F.2d 841· 6th Cir.· 1980-05-22 ·cited 6×
  The court held that a § 1983 claim cannot be based on attorneys' conduct in civil litigation unless malice is alleged and proven, as parties are generally free to resort to the courts.