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

• Shaw v. The Bd. OF Trs. OF the Frederick Cmty. Coll.
  549 F.2d 929· 4th Cir.· 1976-12-29 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the college's dismissal of professors for protesting employment policies violated their First Amendment rights and denied them equal protection.
• Aasum v. Good Samaritan Hosp.
  542 F.2d 792· 9th Cir.· 1976-09-27 ·cited 6×
  The court held that a private hospital's restriction of its laboratory facilities to licensed physicians and dentists, based on state law classifications and accreditation standards, did not constitute a violation of 42 U.S.C. § 1983, even if a state board's recommendation influe
• Holt v. Moore
  541 F.2d 460· 4th Cir.· 1976-09-22 ·cited 6×
  The court held that the plaintiff, having been released from state custody and his individual claims for equitable relief severed, lacked standing to represent the class, rendering the class action moot.
• Gallagher v. Ernestine D. Evans
  536 F.2d 899· 10th Cir.· 1976-06-03 ·cited 6×
  The court concurred that the filing fee statutes were constitutional as applied to non-indigent candidates who were not denied ballot access.
• Gonzalez v. Gonzalez
  536 F.2d 453· 1st Cir.· 1976-05-28 ·cited 6×
  The court held that the federal district court should have abstained from deciding the case, allowing the Commonwealth courts to interpret the relevant Puerto Rican statutes first.
• Oakley v. City OF Pasadena
  535 F.2d 503· 9th Cir.· 1976-05-03 ·cited 6×
  The court held that individual defendants were immune from suit due to qualified immunity and that the City of Pasadena had absolute immunity under 42 U.S.C. § 1983, affirming the grant of summary judgment.
• Timson v. Wright
  532 F.2d 552· 6th Cir.· 1976-03-23 ·cited 6×
  The court held that the plaintiff's claims under 42 U.S.C. § 1985 were insufficient and that the defendant officials were protected by judicial or quasi-judicial immunity.
• Holley v. Abe Lavine
  529 F.2d 1294· 2d Cir.· 1976-02-03 ·cited 6×
  The court held that the district court erred in dismissing the complaint for lack of jurisdiction, as the constitutional claims were not wholly insubstantial or frivolous. The court also noted that statutory and regulatory claims could be considered by the district judge.
• Damian Frontera on his own behalf v. Sindell
  522 F.2d 1215· 6th Cir.· 1975-08-25 ·cited 6×
• Cordova v. Reed
  521 F.2d 621· 2d Cir.· 1975-08-07 ·cited 6×
  The court held that the district court erred in dismissing the complaint for failure to exhaust administrative remedies, as the plaintiffs' constitutional challenge to the state statute was substantial and required a three-judge court, and that statutory issues under the Supremac
• ROE v. Norton
  522 F.2d 928· 2d Cir.· 1975-07-31 ·cited 6×
  The court held that the lower court erred in determining that Title XIX requires Medicaid payments for elective abortions, but the majority's interpretation that Title XIX permits such payments is also flawed.
• Friedlander v. Joseph Cimino, M.D.
  520 F.2d 318· 2d Cir.· 1975-07-09 ·cited 6×
  The court held that the complaint sufficiently alleged purposeful discrimination to establish a substantial federal question, thus reversing the dismissal.
• Goodloe v. Davis
  514 F.2d 1274· 5th Cir.· 1975-06-20 ·cited 6×
  Private parties cannot evade responsibility for constitutional violations by claiming lack of control when acting under color of law or in furtherance of discriminatory policies.
• Bedrosian v. Mintz
  518 F.2d 396· 2d Cir.· 1975-06-20 ·cited 6×
  The court held that the district court properly dismissed the action because federal courts should not interfere with state court proceedings absent substantial irreparable injury, and the state's refusal to appoint out-of-state counsel was a rational exercise of discretion not v
• Isiah Hines v. Reubin O'D. Askew
  514 F.2d 673· 5th Cir.· 1975-06-16 ·cited 6×
  The court held that the grounds for dismissal were insufficient and vacated the judgment.
• Edwards v. Ill. Dep't OF Corr.
  514 F.2d 477· 7th Cir.· 1975-04-08 ·cited 6×
  The court held that the plaintiffs failed to allege facts showing a violation of due process standards applicable at the time of the alleged infractions, thus their claims for good time restoration, declaratory, injunctive, and monetary relief were properly dismissed.
• Neal v. Honorable Kearney Brim
  506 F.2d 6· 5th Cir.· 1975-01-09 ·cited 6×
  The federal court should have abstained from deciding the federal constitutional issues until Texas courts determined the district attorney's rights under Texas law regarding judicial disqualification.
• Gary v. Darnell
  505 F.2d 741· 6th Cir.· 1974-10-23 ·cited 6×
  Repossession of an automobile pursuant to Kentucky's self-help repossession statute, UCC § 9-503, does not constitute action under color of state law for purposes of 42 U.S.C. § 1983.
• Mills v. Sullivan
  501 F.2d 939· 5th Cir.· 1974-10-04 ·cited 6×
  The court held that the district court's dismissal must be vacated and remanded for reconsideration in light of recent Supreme Court decisions on prisoner mail processing.
• Irwin Field v. Honorable John S. Boyle
  503 F.2d 774· 7th Cir.· 1974-10-04 ·cited 6×
  The court held that the plaintiff magistrate did not have a constitutionally protected property interest in his position and that he waived any liberty interest due process rights by failing to accept a offered hearing.
• Hooban v. Boling
  503 F.2d 648· 6th Cir.· 1974-10-02 ·cited 6×
  The court held that the University of Tennessee's one-year residency requirement and rebuttable presumption for in-state tuition, as well as specific classifications for children of new residents and new teachers, do not violate the Equal Protection Clause or the right to travel.
• Christman v. Hanrahan
  500 F.2d 65· 7th Cir.· 1974-07-18 ·cited 6×
  The court held that the prosecution's temporary suppression of evidence, which was revealed before trial ended and resulted in an acquittal, did not deprive the plaintiff of his constitutional right to a fair trial under 42 U.S.C. § 1983.
• Jorden v. Metro. Utils. Dist.
  498 F.2d 514· 8th Cir.· 1974-06-14 ·cited 6×
  A municipal corporation is not a 'person' amenable to suit under 42 U.S.C. § 1983, regardless of whether it performs governmental or proprietary functions.
• Bridgeport Guardians, Inc. v. Members OF the Bridgeport Civil Serv. Comm'n
  497 F.2d 1113· 2d Cir.· 1974-06-03 ·cited 6×
  The court affirmed the district court's decisions regarding hiring quotas and the modification of the sergeant eligibility list duration, and also affirmed the denial of attorneys' fees.
• Potter v. Clark
  497 F.2d 1206· 7th Cir.· 1974-05-16 ·cited 6×
  The court held that the district court correctly dismissed the complaint for failure to state a claim under 42 U.S.C. § 1983.
• Watts v. The Bd. OF Curators
  495 F.2d 384· 8th Cir.· 1974-04-09 ·cited 6×
  The court held that the university's decision not to renew a nontenured professor's contract was not a violation of his constitutional rights, as the decision was based on permissible professional and contractual reasons, not on the exercise of protected speech.
• Scott v. Jones
  492 F.2d 130· 5th Cir.· 1974-04-04 ·cited 6×
  The court held that the prisoner's transfer to state prison rendered his claims against county jail officials moot.
• Griffith v. Edsel Edwards
  493 F.2d 495· 8th Cir.· 1974-02-28 ·cited 6×
  The court held that the trial judge did not err in denying the motion to recuse and that no prejudicial error occurred during the trial.
• Thrasher v. First Nat'l Bank OF Miami
  288 So. 2d 288· Fla. 3d DCA· 1974-01-22 ·cited 6×
  Thrasher appealed the dismissal of their complaint against First National Bank of Miami for repossessing their automobile. The trial court dismissed all counts, but the appellate court affirmed dismissal of the civil rights claim while reversing dismissal of the conversion and tr
• Captain C. J. Taylor v. The City OF Jackson
  487 F.2d 213· 5th Cir.· 1973-11-20 ·cited 6×
  The court held that the plaintiff's complaint did not allege facts rising to constitutional levels for federal jurisdiction.
• Geraci v. Treuchtlinger
  487 F.2d 590· 2d Cir.· 1973-11-19 ·cited 6×
  The appeal must be dismissed as moot because the plaintiff was released from jail and sought no damages, rendering the case moot.
• Jackson v. The Official Representatives & Emps. OF the LOS Angeles Police Dep't IN & FOR the Cnty. OF LOS Angeles
  487 F.2d 885· 9th Cir.· 1973-11-16 ·cited 6×
  The court held that while most claims were properly dismissed, the dismissal of the claim regarding the search of appellant's home was improper due to disputed material facts regarding consent.
• Brooks v. Ctr. Twp.
  485 F.2d 383· 7th Cir.· 1973-10-03 ·cited 6×
  A state's civil rights remedy under 42 U.S.C. § 1983 is supplementary to state administrative remedies, and federal jurisdiction may be invoked without exhausting state remedies, especially when the state remedy itself is constitutionally infirm.
• United States ex rel. John Smith v. Twomey
  486 F.2d 736· 7th Cir.· 1973-09-18 ·cited 6×
  The court held that the petitioner failed to allege a constitutional violation regarding delays in his state appellate process, and thus, federal intervention was not warranted.
• Barker v. Johnson
  484 F.2d 941· 6th Cir.· 1973-08-29 ·cited 6×
  The court held that the discovery of marijuana during a lawful inventory of the appellant's vehicle did not constitute an illegal search and seizure.
• Mrs. Concha Lopez v. Luginbill
  483 F.2d 486· 10th Cir.· 1973-08-27 ·cited 6×
  The court held that the trial court lacked jurisdiction because the appellees failed to establish a cause of action under the Civil Rights Act or demonstrate the required jurisdictional amount, and no implied civil remedy exists for PAC members under Title I.
• Thomas v. Brierley
  481 F.2d 660· 3d Cir.· 1973-06-29 ·cited 6×
  The court held that a prisoner's complaint alleging denial of visitation rights due to race or harassment warrants liberal construction and further proceedings, not immediate dismissal as frivolous.
• Tosh v. Buddies Supermarkets, Inc.
  482 F.2d 329· 5th Cir.· 1973-06-22 ·cited 6×
  The court affirmed the district court's judgment, holding that the plaintiffs failed to establish a claim under 42 U.S.C. § 1983 and that the state law libel and slander claim was unsupported by evidence of malice.
• Jackson v. Griffith
  480 F.2d 261· 10th Cir.· 1973-06-14 ·cited 6×
  The court held that summary judgment was inappropriate because material issues of fact remained regarding the plaintiff's employment termination and constitutional rights.
• Karp v. Elliott Becken
  477 F.2d 171· 9th Cir.· 1973-04-05 ·cited 6×
  School officials may curtail student speech if they can reasonably forecast substantial disruption, but cannot suspend a student for pure speech without demonstrating justification for the action.
• Faye Baggett Jackson v. Crockarell
  475 F.2d 746· 6th Cir.· 1973-03-28 ·cited 6×
  The court held that instructing the jury on a theory of defense not raised by the pleadings or supported by evidence constitutes reversible error.
• Roots v. Callahan
  475 F.2d 751· 5th Cir.· 1973-03-20 ·cited 6×
  The court held that while the district court erred in its jurisdictional basis, the dismissal was nonetheless proper because a writ of mandamus would not lie to compel a discretionary duty.
• Gibson v. City OF Seattle (Washington)
  472 F.2d 1220· 9th Cir.· 1973-01-19 ·cited 6×
  The court held that a municipality is not a 'person' under the Civil Rights Act, but individual defendants can be sued for property seizure under the Act.
• Verriah v. Kota
  473 F.2d 1· 4th Cir.· 1973-01-16 ·cited 6×
  The court held that a nontenured professor's contract nonrenewal, without a formal hearing, does not violate due process if no property or liberty interest is implicated and the decision is not arbitrary.
• Arunga v. Sgt. Weldon
  469 F.2d 675· 9th Cir.· 1972-11-15 ·cited 6×
• Claudine Hall v. Garson
  468 F.2d 845· 5th Cir.· 1972-11-02 ·cited 6×·via 42 U.S.C. § 1983 Claim
  The court held that Texas Civil Statutes Annotated Article 5238a, which allows landlords to seize tenant property for unpaid rent without a prior hearing, violates the Due Process Clause of the Fourteenth Amendment.
• Emmeline Lewis v. Spencer
  468 F.2d 553· 5th Cir.· 1972-08-21 ·cited 6×
  The court held that while the college's policy against spouses teaching in the same department was generally valid, the application of this policy to the teacher might constitute retaliation for exercising her First Amendment rights, requiring further review.
• Devlin v. Sosbe
  465 F.2d 169· 7th Cir.· 1972-07-31 ·cited 6×
  The court held that while the district court had jurisdiction, it properly declined to exercise it by abstaining, allowing state courts to interpret the ordinance.
• Marshall v. Brierley
  461 F.2d 929· 3d Cir.· 1972-05-24 ·cited 6×
  The court held that a pro se prisoner's complaint under the Civil Rights Act, even if inartfully drawn, is sufficient to require process and responsive pleading if it names a non-immune defendant and does not appear beyond doubt that no relief can be granted.
• Mrs. Ronald F. Meyer v. The State OF NEW Jersey
  460 F.2d 1252· 3d Cir.· 1972-05-19 ·cited 6×
  The Eleventh Amendment bars a federal court action for money damages against a state by a citizen of another state unless the state consents.