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

• Maudie L. Thompson v. The Sch. Dist. OF Omaha
  623 F.2d 46· 8th Cir.· 1980-05-21 ·cited 6×
  The court held that while the plaintiff established a prima facie case of racial discrimination, the school district presented clear and convincing evidence that the teacher's termination was due to her incompetence, not race.
• Seymour X. Cotton, Jr. v. Lockhart
  620 F.2d 670· 8th Cir.· 1980-05-05 ·cited 6×
  The court held that the prison's "publisher-only" rule for receiving books does not violate an inmate's First Amendment rights, as it is a rational response to institutional security concerns.
• Plantamura v. Mayor Joseph Cipolla
  617 F.2d 344· 3d Cir.· 1980-03-24 ·cited 6×
  The court held that a partial summary judgment order dismissing some defendants from a civil rights suit is not an appealable order under 28 U.S.C. § 1292(a)(1) if the remaining defendant can still provide the full injunctive relief sought.
• Careaga v. Judge Harry M. James
  616 F.2d 1062· 8th Cir.· 1980-03-17 ·cited 6×
  The court held that the judge was protected by judicial immunity and the city could not be held liable under a theory of respondeat superior for the judge's actions.
• Kuhar v. Greensburg-Salem Sch. Dist. & Robert L. Dovey
  616 F.2d 676· 3d Cir.· 1980-02-19 ·cited 6×
  The court held that a school district's application of its mandatory retirement policy at age 65 was not irrational or a violation of constitutional rights, even with impending statutory changes.
• Sharp v. Leonard
  611 F.2d 136· 6th Cir.· 1979-12-06 ·cited 6×
  A prisoner does not possess a sufficient liberty interest in future parole release to be entitled to due process protections in parole proceedings.
• Fayle v. Stapley
  607 F.2d 858· 9th Cir.· 1979-11-05 ·cited 6×
  The court held that while the state statutes themselves were constitutional, the application of those statutes to deprive Fayle of property without notice and a hearing violated his due process rights. The court also affirmed the dismissal of the claim against one defendant due t
• Dailey v. Byrnes
  605 F.2d 858· 5th Cir.· 1979-11-01 ·cited 6×
• Saladino v. Winkler
  609 F.2d 1211· 7th Cir.· 1979-10-29 ·cited 6×
  The court held that the admission of evidence regarding the plaintiff's relationship with a witness, prior inconsistent statements, intoxication, and awareness of unlawful conduct was proper and did not deprive the plaintiff of a fair trial.
• Greer v. Turner
  603 F.2d 521· 5th Cir.· 1979-09-28 ·cited 6×
  The court held that the prior appeal did not resolve the false arrest claim and that the complaint stated a claim against the city detectives.
• Alonie Ballard and Lula Hamilton v. Rockville Ctr. Hous. Auth.
  605 F.2d 1283· 2d Cir.· 1979-08-30 ·cited 6×
  The court held that factual issues regarding the transfer of funds between social services and housing authorities must be resolved to determine if the rent differential violates equal protection.
• DOE v. Klein
  599 F.2d 338· 9th Cir.· 1979-06-27 ·cited 6×
  The court held that the appellant's constitutional claims were insubstantial and thus insufficient to establish federal subject matter jurisdiction, precluding pendent jurisdiction over the statutory claim.
• Harris v. Wilters
  596 F.2d 678· 5th Cir.· 1979-06-08 ·cited 6×·via 42 U.S.C. § 1983 Action
  The trial court did not abuse its discretion in denying appellant's motion for a mandatory preliminary injunction to fund his state coram nobis proceeding.
• Buckley Towers Condo., Inc. v. Buchwald
  595 F.2d 253· 5th Cir.· 1979-05-17 ·cited 6×
  The court held that the federal district court lacked jurisdiction to enjoin state court proceedings or review a state court judgment, as this would constitute impermissible federal court supervision of state courts.
• Tyler v. Woodson
  597 F.2d 643· 8th Cir.· 1979-05-03 ·cited 6×
  The court held that the complaint stated a claim for relief against the social worker for confiscating legal papers, but not against the County for failing to allege a policy or custom. The denial of the motion to disqualify the judge was also affirmed.
• Athas v. The United States
  597 F.2d 722· Ct. Cl.· 1979-04-18 ·cited 6×
  The court held that the Government's failure to apprise plaintiffs of their right to appeal adverse personnel actions, in violation of agency regulations, rendered the actions void and waived the requirement to exhaust administrative remedies.
• Carter v. Heard
  593 F.2d 10· 5th Cir.· 1979-04-12 ·cited 6×
  The court held that the pro se litigant was not entitled to injunctive or declaratory relief because he failed to demonstrate an actual controversy or threatened irreparable injury.
• Hohman v. Hogan
  597 F.2d 490· 2d Cir.· 1979-04-05 ·cited 6×
  The court held that a pro se prisoner's complaint alleging retaliatory transfer and segregated confinement for exercising legal rights raises material factual issues that preclude dismissal without a trial.
• Caldwell v. Camp
  594 F.2d 705· 8th Cir.· 1979-03-20 ·cited 6×
  The court held that federal abstention under the Younger doctrine is appropriate for both equitable and damage claims related to an ongoing state forfeiture proceeding, but the dismissal should be without prejudice.
• Claud M. Brown v. Vermillion
  593 F.2d 321· 8th Cir.· 1979-02-23 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that claims directly seeking release or reconsideration of parole must be brought as a habeas corpus petition, but other claims for injunctive and declaratory relief regarding due process standards are not exclusively habeas corpus.
• Uzzell v. Friday
  591 F.2d 997· 4th Cir.· 1979-02-02 ·cited 6×
  The dissenting judges believe the case should be remanded for further evidence and findings of fact regarding the university's regulations and potential mootness.
• Sparks v. Duval Cnty. Ranch Co., Inc.
  588 F.2d 124· 5th Cir.· 1979-01-17 ·cited 6×
• Mundy v. The State OF Ga.
  586 F.2d 507· 5th Cir.· 1978-12-18 ·cited 6×
  The court held that the trial court properly directed a verdict for the defendant officer because sufficient probable cause existed for the arrest, precluding a Section 1983 claim.
• Studen v. Beebe
  588 F.2d 560· 6th Cir.· 1978-12-11 ·cited 6×
  The court held that the plaintiffs failed to demonstrate a deprivation of federally protected civil rights under 42 U.S.C. §§ 1983 and 1985, and that the zoning dispute was a matter for state courts.
• Taliaferro v. Willett
  588 F.2d 428· 4th Cir.· 1978-12-06 ·cited 6×
  A plaintiff deprived of procedural due process can only recover nominal damages absent proof of independent compensable injury.
• Hubbert v. United States Parole Comm'n
  585 F.2d 857· 7th Cir.· 1978-10-31 ·cited 6×
  Good time earned under a federal sentence does not reduce the period of parole supervision, and a certificate of discharge was not required for parole termination prior to 1976.
• DiPIRO v. Taft
  584 F.2d 1· 1st Cir.· 1978-09-22 ·cited 6×
  The court held that the mayor's appointment of a fire chief from the top three eligible candidates, even if influenced by factors other than pure merit, did not violate the Equal Protection Clause absent evidence of purposeful discrimination.
• Hurst v. Phelps
  579 F.2d 940· 5th Cir.· 1978-09-08 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the procedure used to dismiss the inmate's § 1983 action, which relied on ex parte administrative reports without allowing responsive pleadings, was improper.
• Rodgers v. Tolson
  582 F.2d 315· 4th Cir.· 1978-08-17 ·cited 6×
• Espinoza v. Thoma
  580 F.2d 346· 8th Cir.· 1978-08-02 ·cited 6×
  A no-spouse employment policy, interpreted to include individuals living in an 'espoused relationship' (cohabitation), is a reasonable classification that bears a fair and substantial relationship to the employer's objective of preventing workplace conflicts and is not unconstitu
• Mrs. Carnell Russ v. Ratliff
  578 F.2d 221· 8th Cir.· 1978-07-10 ·cited 6×
  The court held that the district court did not abuse its discretion in denying plaintiffs leave to amend their complaint to add the City as a defendant, as the amendment would not relate back under Rule 15(c) due to prejudice and lack of mistake.
• RUD v. Dahl
  578 F.2d 674· 7th Cir.· 1978-06-05 ·cited 6×
  The court held that the Illinois statutory scheme for adjudicating incompetency does not violate due process by failing to mandate adequate notice, the alleged incompetent's presence, or the appointment of counsel.
• Callahan Ware v. Heyne
  575 F.2d 593· 7th Cir.· 1978-04-05 ·cited 6×
  The court held that correctional officials are not immune from damages if they knew or should have known their conduct violated a clearly established constitutional right, and that expunging a report obtained in violation of due process was not an abuse of discretion.
• Buckel v. Prentice
  572 F.2d 141· 6th Cir.· 1978-02-28 ·cited 6×
• Pitrone v. Police Officer Louis J. Mercadante
  572 F.2d 98· 3d Cir.· 1978-02-21 ·cited 6×
  The court held that the district court erred in refusing to exercise pendent jurisdiction over state law claims against a municipality when an independent basis for federal jurisdiction existed.
• Pence v. Rosenquist
  573 F.2d 395· 7th Cir.· 1978-02-02 ·cited 6×
  The court held that the employer's inconsistent actions regarding the plaintiff's appearance were arbitrary and thus a deprivation of liberty.
• Rush v. Smith
  573 F.2d 110· 2d Cir.· 1978-01-19 ·cited 6×
  The court held that New York City's procedure of terminating AFDC benefits for failure to appear at a fraud investigation interview does not violate the Social Security Act, but the notice provided to recipients was inadequate.
• Bette Bonn Ledwith and Evelyn Parker v. Douglas
  568 F.2d 117· 8th Cir.· 1978-01-17 ·cited 6×
  The court held that appellants' civil rights claims were barred by prosecutorial immunity, abstention doctrines, and failure to allege class-based animus.
• Lanceda Richardson v. The Pa. Dep't OF Health
  561 F.2d 489· 3d Cir.· 1977-08-16 ·cited 6×
  The court held that a plaintiff alleging discriminatory employment practices under the Fourteenth Amendment and 42 U.S.C. § 1983 must prove discriminatory intent, but allegations of knowledge of discriminatory impact and bad faith may be sufficient to survive a motion to dismiss.
• Coralluzzo v. NEW York State Parole Bd. & Members of the N.Y. State Parole Bd.
  566 F.2d 375· 2d Cir.· 1977-07-28 ·cited 6×
  The New York State Parole Board must provide a statement of reasons when determining a minimum period of imprisonment (MPI) that exceeds the statutory minimum, and under specific circumstances, a prisoner must be granted access to the evidence in his file.
• Friedman v. Beame
  558 F.2d 1107· 2d Cir.· 1977-07-21 ·cited 6×
  The court held that the City of New York's parking regulations were not an unlawful delegation of legislative authority and did not violate the Fourteenth Amendment, affirming the district court's dismissal.
• Wright v. Chief OF Transit Police
  558 F.2d 67· 2d Cir.· 1977-06-08 ·cited 6×
  The court held that the district court erred in dismissing the complaint without making findings on whether reasonable regulations could accommodate plaintiffs' First Amendment rights and the Transit Authority's safety concerns.
• Williams v. State OF Wash.
  554 F.2d 369· 9th Cir.· 1977-05-19 ·cited 6×
  Federal courts should not intervene in pending state proceedings absent extraordinary circumstances, such as bad faith or flagrant constitutional violations.
• Butler v. Cooper
  554 F.2d 645· 4th Cir.· 1977-05-16 ·cited 6×
  The court held that a plaintiff alleging racial discrimination in law enforcement must provide more than statistical evidence of disproportionate arrests; they must show a deliberate, race-based selective enforcement policy or plan.
• Allen v. Lovejoy
  553 F.2d 522· 6th Cir.· 1977-04-21 ·cited 6×
• Thibodeaux v. State OF S.D.
  553 F.2d 558· 8th Cir.· 1977-04-12 ·cited 6×
  The court held that the district court's summary dismissal of the inmate's complaint was premature and unwarranted due to the prison censorship board's deficient findings.
• Plummer v. Bd. OF Regents
  552 F.2d 716· 6th Cir.· 1977-04-08 ·cited 6×
  The court held that the plaintiff did not acquire a contract right for tenure based on the provided letter and university procedures.
• Easter v. Emil Olson
  552 F.2d 252· 8th Cir.· 1977-04-01 ·cited 6×
  The court held that abstention was appropriate pending resolution of a state law issue by the Nebraska Supreme Court, which would determine if the plaintiff had a property interest in continued employment.
• Morris v. Danna
  547 F.2d 436· 8th Cir.· 1977-01-13 ·cited 6×
  The court affirmed the dismissal, holding that the invasion of privacy claim did not rise to constitutional dimensions and lacked federal question jurisdiction.
• Snell v. Short
  544 F.2d 1289· 5th Cir.· 1977-01-10 ·cited 6×
  The court held that the analogy to common law conversion was inappropriate for determining the accrual of a § 1983 claim regarding seized evidence.