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

• Padilla v. Hon. Harold J. Ackerman
  460 F.2d 477· 9th Cir.· 1972-05-05 ·cited 6×
  The court held that federal courts should not enjoin pending state criminal proceedings absent special circumstances, even in civil rights actions, and that declaratory relief is subject to the same standard.
• Se. Promotions, Ltd. v. Okla. City
  459 F.2d 282· 10th Cir.· 1972-04-13 ·cited 6×
  The court held that the City Council could not refuse to permit the presentation of a theatrical production based on a proprietary function argument when the true reason was the alleged moral offensiveness of the play, as this implicates First Amendment rights.
• Reverend Francis X. Lawlor v. Bd. OF Educ. OF the City OF Chicago
  458 F.2d 660· 7th Cir.· 1972-04-10 ·cited 6×
  The court held that the complaint's allegations, even taken as true, do not demonstrate a deprivation of constitutional rights necessary to sustain a civil rights action.
• Scarver v. Allen
  457 F.2d 308· 7th Cir.· 1972-03-15 ·cited 6×
  The court held that dismissing the plaintiff's cause of action for failure to appear at trial due to a documented asthma attack was too harsh a sanction.
• Woolfolk v. Brown
  456 F.2d 652· 4th Cir.· 1972-03-07 ·cited 6×
  The court held that Virginia's AFDC Work Rule conflicts with the federal Work Incentive Program (WIN) provisions of the Social Security Act and is therefore invalid.
• Deanel Chism and Perry H. Thompson v. Price
  457 F.2d 1037· 9th Cir.· 1972-02-29 ·cited 6×
  The court held that the trial court properly granted summary judgment because the plaintiffs failed to establish a deprivation of federally secured rights under color of state law, and prior state court decisions on the facts were res judicata.
• Spencer v. Kugler
  454 F.2d 839· 3d Cir.· 1972-01-24 ·cited 6×
  The court held that the single district judge did not err in dismissing Count One because the matter had already been adjudicated by a three-judge court, and the relief sought was injunctive in nature, not purely declaratory.
• Wimberley v. Lt. J. Campoy
  446 F.2d 895· 9th Cir.· 1971-08-13 ·cited 6×
• Mills v. L. K. Small, M.D.
  446 F.2d 249· 9th Cir.· 1971-08-03 ·cited 6×
  The court held that the plaintiff's civil rights action was barred by the statute of limitations and that the defendant was immune from liability due to his quasi-judicial role.
• City OF Boston v. Mass. Port Auth.
  444 F.2d 167· 1st Cir.· 1971-06-21 ·cited 6×
  A mere violation of state law by a state official does not, by itself, constitute a violation of the federal Constitution's due process clause.
• Simcox v. Bd. OF Educ. OF Lockport Twp. High Sch.
  443 F.2d 40· 7th Cir.· 1971-05-12 ·cited 6×
  The concurring judge agrees with the court's decision but disagrees with any implication that a school board's good faith judgment automatically justifies terminating employment, even if it violates constitutional rights.
• DON v. Okmulgee Mem'l Hosp.
  443 F.2d 234· 10th Cir.· 1971-05-11 ·cited 6×
  The court held that the hospital board's rejection of Dr. Don's staff application was a valid exercise of authority, not violating due process or equal protection, and that insufficient evidence of conspiracy or damages precluded a successful claim.
• Metcalf v. Swank
  444 F.2d 1353· 7th Cir.· 1971-04-30 ·cited 6×
  The court held that plaintiffs must exhaust state administrative remedies before bringing a claim under the Civil Rights Act when the constitutional challenge is to the application of a statute, not its face, and the remedies are administrative.
• Barrera v. Wheeler
  441 F.2d 795· 8th Cir.· 1971-04-28 ·cited 6×
  The court held that the district court erred in dismissing the action for failure to exhaust administrative remedies or abstain, as no adequate administrative remedies were available to the plaintiffs.
• Elmer Davis aka Robert Brown v. Eide
  439 F.2d 1077· 9th Cir.· 1971-03-24 ·cited 6×
  The court held that the officers were not in privity with the state, thus collateral estoppel did not apply, and that the trial court did not err in its rulings.
• Shahidah Graham v. Minter
  437 F.2d 427· 1st Cir.· 1971-03-03 ·cited 6×
  The denial of a temporary restraining order by a single judge in a case requiring a three-judge court is not immediately appealable.
• Burl Mullins v. Oakley
  437 F.2d 1217· 4th Cir.· 1971-02-24 ·cited 6×
  A judge is immune from suit for actions taken while exercising judicial authority, even if those actions are improper.
• Beattie v. Roberts
  436 F.2d 747· 1st Cir.· 1971-01-06 ·cited 6×
  A tenured teacher who refused to participate in a hearing after being provided with reasons for non-renewal and notice of the hearing, and who failed to raise constitutional claims in the lower court, cannot claim denial of due process or statutory rights.
• Phillips v. Rockefeller
  435 F.2d 976· 2d Cir.· 1970-12-11 ·cited 6×
  The Seventeenth Amendment's requirement that Senators be "elected by the people thereof" does not mandate that a candidate receive a majority of the votes cast, but rather permits election by a plurality.
• Lane v. Correll
  434 F.2d 598· 5th Cir.· 1970-11-19 ·cited 6×
  The court held that the complaint stated a cause of action upon which relief might have been granted, and that denying an arrest warrant solely due to inability to pay a fee violates equal protection.
• Oaks v. Louie L. Wainwright
  430 F.2d 241· 5th Cir.· 1970-08-04 ·cited 6×
  The court held that the prisoner's allegations of inadequate dental care and denial of law library access failed to state a claim for relief under 42 U.S.C.A. § 1983.
• Whitley v. The Wilson City Bd. OF Educ.
  427 F.2d 179· 4th Cir.· 1970-05-26 ·cited 6×
  White pupils have standing to challenge a dual school system, even if not directly assigned to segregated schools.
• McLUCAS v. Honorable Aaron J. Palmer
  427 F.2d 239· 2d Cir.· 1970-05-21 ·cited 6×
  Federal courts should not interfere with state criminal proceedings absent exceptional circumstances, even through declaratory judgment.
• Provenza v. H & W Wrecking Co.
  424 F.2d 629· 5th Cir.· 1970-04-06 ·cited 6×
  The court held that a district court has the inherent power to dismiss a case for failure to prosecute, and that such dismissal was not an abuse of discretion in this instance.
• Runette Turner v. Thompson
  421 F.2d 771· 5th Cir.· 1970-02-09 ·cited 6×
  The court held that the plaintiff failed to demonstrate a denial of procedural due process when her beer license was rescinded pending a public hearing.
• Contreras v. Merced High Sch. Dist.
  415 F.2d 771· 9th Cir.· 1969-08-13 ·cited 6×
• Oltman v. Miller
  407 F.2d 376· 7th Cir.· 1969-02-11 ·cited 6×
  The court held that hearsay declarations of a co-conspirator are inadmissible against other alleged co-conspirators unless there is independent proof aliunde of the conspiracy's existence.
• Alice T. Rodes ad Litem for Melania DeSzirmay v. Mun. Auth. OF the Borough OF Milford. Alice T. Rodes ad Litem
  409 F.2d 16· 3d Cir.· 1969-01-13 ·cited 6×
  The court held that the pro se plaintiff's complaint failed to state a claim for a federal civil rights violation, as it contained only conclusory allegations without specific facts supporting federal cognizance.
• Bennett v. Allen
  396 F.2d 788· 9th Cir.· 1968-06-12 ·cited 6×
  The court held that the complaint, seeking to invalidate a state conviction and restrain incarceration, should have been treated as a petition for a writ of habeas corpus, not a civil rights action.
• Commodore Tilden v. Pate
  390 F.2d 614· 7th Cir.· 1968-02-07 ·cited 6×
  The court held that the plaintiff failed to demonstrate that the district court's conclusion that his allegations were frivolous and fictitious was erroneous.
• Spriggs v. The Altheimer
  385 F.2d 254· 8th Cir.· 1967-11-09 ·cited 6×
  The court held that the district court must determine the children's residency under state law, as this determination is necessary to resolve the federal constitutional claim and the state law claim for free education.
• McMANIGAL v. Seymour Simon
  382 F.2d 408· 7th Cir.· 1967-07-21 ·cited 6×
  The court held that the District Court lacked jurisdiction because the civil rights statutes do not confer jurisdiction for the protection of purely monetary or property rights.
• Flemming v. Alva B. Adams
  377 F.2d 975· 10th Cir.· 1967-05-12 ·cited 6×
  The court held that the right to an education is not guaranteed by the federal constitution, and therefore, the plaintiff failed to state a claim under 42 U.S.C.A. §§ 1983 and 1985(3).
• Marshall v. Sawyer
  365 F.2d 105· 9th Cir.· 1966-08-10 ·cited 6×
  The court held that a plaintiff who concedes the correctness of an administrative determination of adjudicative facts cannot claim a denial of due process for lack of an evidentiary hearing. Furthermore, the court found that the plaintiff's exclusion from gaming establishments, b
• Gabbard v. Rose
  359 F.2d 182· 6th Cir.· 1966-04-20 ·cited 6×
  Judicial and prosecutorial immunity protect judges and county attorneys from civil rights claims for actions taken within their jurisdiction, and police officers are not liable for honest misunderstandings of law during an arrest.
• Dombrowski v. Colonel Thomas D. Burbank
  358 F.2d 821· D.C. Cir.· 1966-02-04 ·cited 6×
  The court held that appellees, as Senate Subcommittee officials, are protected by legislative immunity from damages claims and that injunctive relief was properly denied as the documents were in the Subcommittee's possession.
• Erlich v. Juda Glasner
  352 F.2d 119· 9th Cir.· 1965-10-26 ·cited 6×
  The court held that the district court's dismissal order was improper because it failed to state the grounds for dismissal, preventing the plaintiff from making an informed decision about amending the complaint.
• Lar (America First) Daly v. Stratton
  326 F.2d 340· 7th Cir.· 1964-01-08 ·cited 6×
  The court held that the Illinois Electoral Board was not acting merely ministerially but exercising an executive function when examining petitions, and thus had authority to refuse certification of a defective petition. Therefore, dismissal of the § 1983 claim was proper.
• Deloach v. Candler Rogers and Mark Dukes (Dora S. Rogers as Administratrix of the estate of Candler Rogers
  268 F.2d 928· 5th Cir.· 1959-07-30 ·cited 6×
  The court held that the federal district court lacked jurisdiction over the state law claims of false arrest and assault and battery, even when framed as constitutional violations.
• Larsen v. Gibson
  267 F.2d 386· 9th Cir.· 1959-05-15 ·cited 6×
  Justices of the Supreme Court of California are immune from suit for damages for acts performed in their official duties, and this immunity is not altered by the Civil Rights Act.
• The State OF Ark. on the Relation of G. A. LA Gasse for his own use v. Godbehere
  261 F.2d 623· 8th Cir.· 1958-12-23 ·cited 6×
  The court held that the appellate record was inadequate to present any questions for review because the appellant failed to include any evidence from the trial.
• Evans v. Buchanan
  256 F.2d 688· 3d Cir.· 1958-05-28 ·cited 6×
  The State Board of Education and Superintendent have the authority and duty to implement desegregation plans, and their fear of contempt due to local boards' non-compliance is not a valid defense.
• Thresa Williams and Jennie L. Richards v. Dalton
  231 F.2d 646· 6th Cir.· 1956-04-02 ·cited 6×
  The court held that federal courts should decline to entertain an action for declaratory relief under the Civil Rights Act when the plaintiff has not exhausted available state remedies, especially in cases involving potential friction between federal and state jurisdictions.
• Jackson v. Dixon
  2025 WL 1923126· N.D. Fla.· 2025-08-08 ·cited 5×
  A prisoner's failure to truthfully disclose prior litigation history on a court form constitutes an abuse of the judicial process, warranting dismissal of the complaint.
• Chapman v. Jefferson Dunn
  129 F.4th 1307· 11th Cir.· 2025-02-25 ·cited 5×
  Michael Chapman, an Alabama inmate, sued prison officials and medical staff for deliberately ignoring his ear infection in violation of the Eighth Amendment; he later developed mastoiditis, a ruptured eardrum, and a brain abscess. The Eleventh Circuit reversed the district court'
• Moms for Liberty - Brevard Cnty. v. Brevard Pub. Schs.
  118 F.4th 1324· 11th Cir.· 2024-10-08 ·cited 5×
  Moms for Liberty challenged Brevard County School Board policies restricting "abusive," "personally directed," and "obscene" speech at public comment meetings as unconstitutional viewpoint discrimination and unreasonable restrictions in violation of the First Amendment. The Eleve
• Meshal v. Comm'r, Ga. Dep't of Pub. Safety
  117 F.4th 1273· 11th Cir.· 2024-09-16 ·cited 5×
  The officers are not entitled to qualified immunity because the complaint sufficiently alleged that they violated Meshal's Fourth Amendment rights by extending the traffic stop without reasonable suspicion and searching his truck without probable cause.
• Warren v. DeSantis
  90 F.4th 1115· 11th Cir.· 2024-01-11 ·cited 5×
  Florida Governor Ron DeSantis violated the First Amendment by suspending elected state attorney Andrew Warren in retaliation for Warren's political advocacy, including his signing statements supporting abortion rights and transgender care rights, and for his status as a reform pr
• Marida Silas v. Sheriff of Broward Cnty. Fla.
  55 F.4th 872· 11th Cir.· 2022-12-14 ·cited 5×
  The Eleventh Circuit held that a suggestion of death need not be served on a decedent's surviving family members if no estate has been opened and they are not identified as legal successors or representatives, thus the 90-day substitution period under Rule 25(a) can expire.
• Oqueshia Andrews v. Carmel Biggers, Jr.
  996 F.3d 1235· 11th Cir.· 2021-05-07 ·cited 5×
  The Eleventh Circuit affirmed the district court's dismissal, holding that under binding precedent, the sheriff was entitled to Eleventh Amendment immunity as an arm of the state when promulgating policies for county jail conditions.