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

• Eligio Castro and Rafael Diaz Diaz v. United States
  775 F.2d 399· 1st Cir.· 1985-03-14 ·cited 56×
  The court held that the district court did not err in dismissing the appellants' claims, enjoining them from further litigation, and assessing costs, as they failed to exhaust administrative remedies, state valid claims, or demonstrate grounds for injunctive relief.
• Parker v. Corrothers
  750 F.2d 653· 8th Cir.· 1984-12-06 ·cited 56×
  The court held that Arkansas Parole Board Regulation § 3.09 does not create a protectable liberty interest because the "other considerations" clause grants the Board excessive discretion.
• McQURTER v. City OF Atlanta
  724 F.2d 881· 11th Cir.· 1984-01-19 ·cited 56×
  An order resolving all issues except attorney's fees is a final, appealable order, even if the fees have not yet been awarded.
• Redding v. Fairman
  717 F.2d 1105· 7th Cir.· 1983-09-13 ·cited 56×
  The court held that disqualification of prison disciplinary committee members sued by inmates is not automatic and requires a case-by-case analysis of personal involvement. It also held that denial of witness requests must be supported by the administrative record.
• Lewis v. Faulkner
  689 F.2d 100· 7th Cir.· 1982-08-25 ·cited 56×
  A prisoner proceeding pro se in a civil rights case is entitled to notice of the consequences of failing to respond to a motion for summary judgment supported by affidavits.
• Laje v. R. E. Thomason Gen. Hosp.
  665 F.2d 724· 5th Cir.· 1982-01-14 ·cited 56×
  The hospital district is not entitled to Eleventh Amendment immunity, and the award for mental anguish due to procedural due process violations is affirmed, but the award for lost salary is reversed.
• Thompson v. Bass
  616 F.2d 1259· 5th Cir.· 1980-05-14 ·cited 56×
  The court held that the evidence was insufficient to support the jury's verdict against Turner, as Thompson failed to prove Turner acted with retaliatory motive or deprived him of constitutional rights.
• Owen v. The City OF Independence
  589 F.2d 335· 8th Cir.· 1978-12-01 ·cited 56×
• Patzig v. O'Neil
  577 F.2d 841· 3d Cir.· 1978-04-17 ·cited 56×
  The court held that the district court erred in directing a verdict on the false arrest claim, as the issue of probable cause should have gone to the jury, but affirmed the directed verdict on due process and cruel and unusual punishment claims.
• Van Davis v. Cnty. OF LOS Angeles
  566 F.2d 1334· 9th Cir.· 1977-12-14 ·cited 56×
  The court held that the plaintiffs lacked standing to challenge the height limitation and pre-1971 hiring procedures. The court also found that the attempted use of the 1972 examination was a Title VII violation, but the imposition of hiring quotas was not warranted.
• Hayes v. Walker
  555 F.2d 625· 7th Cir.· 1977-05-23 ·cited 56×
  The court held that a prisoner's due process rights were violated by the denial of witnesses without sufficient justification and by the failure to provide adequate reasons for disciplinary action.
• DOE v. Pringle
  550 F.2d 596· 10th Cir.· 1976-11-29 ·cited 56×
• City OF Milwaukee v. Saxbe
  546 F.2d 693· 7th Cir.· 1976-11-12 ·cited 56×
  The court held that the City of Milwaukee lacked standing to sue the Attorney General for discriminatory enforcement of civil rights laws and that the district court erred in finding subject matter jurisdiction under 28 U.S.C. § 1361.
• Robert L. Parish v. Nat'l Collegiate Athletic Ass'n
  506 F.2d 1028· 5th Cir.· 1975-01-09 ·cited 56×
  The court held that the NCAA's 1.600 rule was constitutional and that its actions were taken under color of state law, conferring jurisdiction.
• Rev. Donald L. Jackson v. The Statler Found.
  496 F.2d 623· 2d Cir.· 1973-12-04 ·cited 56×
  The dissent argues that tax exemptions for private charitable foundations do not constitute government action, and therefore, these foundations are not subject to civil rights suits for their grant-making decisions.
• Palmigiano v. Baxter
  487 F.2d 1280· 1st Cir.· 1973-11-16 ·cited 56×
  The court held that while a prisoner has a right to use immunity for statements made in disciplinary hearings to protect against self-incrimination in subsequent criminal prosecutions, they do not have a right to retained counsel in such hearings, nor must adverse witnesses alway
• Harper v. Kloster
  486 F.2d 1134· 4th Cir.· 1973-10-15 ·cited 56×
  The court held that while a municipal corporation cannot be sued under 42 U.S.C. § 1983 for equitable relief, the district court's decree remains effective against individual officers and commissions, and the appeals were otherwise lacking in merit.
• McQUEEN v. Bertram Druker
  438 F.2d 781· 1st Cir.· 1971-02-24 ·cited 56×
  The court held that the landlord's eviction action, motivated by tenants' exercise of First Amendment rights, constituted state action and was therefore impermissible.
• Menechino v. Oswald
  430 F.2d 403· 2d Cir.· 1970-08-05 ·cited 56×
  The Due Process Clause of the Fourteenth Amendment requires that a prisoner be allowed the assistance of retained counsel at his parole release hearing.
• Nelson v. Knox
  256 F.2d 312· 6th Cir.· 1958-05-19 ·cited 56×
  Municipal legislative officials do not possess the absolute immunity afforded to state legislators or judges; they are entitled to a qualified privilege for acts performed in good faith within their official duties.
• Dunn v. Gazzola
  216 F.2d 709· 1st Cir.· 1954-11-09 ·cited 56×
  The court held that the complaint failed to state a claim under the Civil Rights Act for conspiracy to deprive the plaintiff of equal protection of the laws.
• Francis v. Lyman
  216 F.2d 583· 1st Cir.· 1954-11-09 ·cited 56×
  Public officials, including institutional superintendents, are not liable under the Civil Rights Act for actions taken in good faith reliance on a facially valid judicial commitment order, absent express legislative intent to abrogate established privileges.
• Willa Dean Howell v. Evans
  922 F.2d 712· 11th Cir.· 1991-01-28 ·cited 55×
  The court held that it has jurisdiction to review the denial of qualified immunity even when factual disputes exist, and that the superintendent's failure to act on known medical deficiencies could constitute deliberate indifference, but the attending physician's actions did not
• Lussier v. Dugger
  904 F.2d 661· 11th Cir.· 1990-07-02 ·cited 55×
  The Civil Rights Restoration Act does not apply retroactively to Lussier's claim, and individual defendants may be shielded by qualified immunity.
• O'Neal Terry v. A.C. Cook
  866 F.2d 373· 11th Cir.· 1989-01-12 ·cited 55×
  The court held that while a campaign promise to 'clean house' is not actionable, punishing employees for supporting a previous sheriff or opposing a new candidate may be, depending on the position's requirements for loyalty.
• City OF Carrollton Branch OF THE Nat'l Ass'n FOR THE Advancement OF Colored People v. Stallings
  829 F.2d 1547· 11th Cir.· 1987-10-19 ·cited 55×
  The court held that the district court erred in its application of the Voting Rights Act and the Gingles test, particularly regarding the significance of racial bloc voting and the totality of circumstances.
• Mullinax v. E.B. McELHENNEY
  817 F.2d 711· 11th Cir.· 1987-05-26 ·cited 55×·via 42 U.S.C. § 1983 Liability
  Prosecutors are entitled to absolute immunity for acts intimately associated with the judicial phase of the criminal process, but claims accrue when the plaintiff knows or has reason to know of the injury and the perpetrator.
• H.C. v. Jarrard
  786 F.2d 1080· 11th Cir.· 1986-04-15 ·cited 55×
  The court held that the superintendent's battery of a juvenile detainee and subsequent denial of medical care constituted constitutional violations, and that the detainee was entitled to more than nominal damages for unjustified isolation.
• Clark v. Lou V. Brewer
  776 F.2d 226· 8th Cir.· 1985-10-30 ·cited 55×
  The court held that an inmate's release from close management and settlement of damages did not moot his claim because it was capable of repetition yet evading review, and that state policies created a liberty interest protected by due process.
• Shondel v. McDERMOTT
  775 F.2d 859· 7th Cir.· 1985-10-28 ·cited 55×
  The court held that Shondel lacks standing to sue based on the violation of her stepfather's constitutional rights.
• Czurlanis v. Albanese
  721 F.2d 98· 3d Cir.· 1983-11-09 ·cited 55×
  The court held that the employee's speech on matters of public concern was protected by the First Amendment, and the trial court erred in submitting the question of liability to the jury.
• McGEE v. S. Pemiscot Sch. Dist. R-V
  712 F.2d 339· 8th Cir.· 1983-07-11 ·cited 55×
  The dissenting judge believes the district court properly granted judgment n.o.v. and would remand for a new trial on damages if liability is assumed.
• The Officers FOR Just. v. The Civil Serv. Comm'n OF the City & Cnty. OF SAN Francisco
  688 F.2d 615· 9th Cir.· 1982-09-21 ·cited 55×
  The court affirmed the district court's approval of a consent decree in a class action employment discrimination suit, finding it to be a fair, adequate, and reasonable resolution.
• Ellis v. Cassidy
  625 F.2d 227· 9th Cir.· 1980-06-20 ·cited 55×
  The court affirmed the dismissal of the appellant's suit but vacated the award of attorneys' fees for reconsideration of the amount.
• Otha Grigsby v. N. Miss. Med. Ctr., Inc.
  586 F.2d 457· 5th Cir.· 1978-12-15 ·cited 55×
  The court affirmed the dismissal of individual claims and the class claim, but remanded the issue of adequate representation for absent class members.
• Johnson v. Selma Wells
  566 F.2d 1016· 5th Cir.· 1978-01-30 ·cited 55×
  A prisoner's conclusory allegations of arbitrary parole denial are insufficient to state a claim under 42 U.S.C. § 1983 without specific factual averments. Parole officials are also immune from damages.
• Jennings v. Shuman
  567 F.2d 1213· 3d Cir.· 1977-11-30 ·cited 55×
  The court held that the plaintiff's claim for malicious abuse of process, underlying a § 1983 action, is not barred by the statute of limitations, but the claim for malicious use of process is barred. The § 1985(3) claim was properly dismissed for failure to allege a class-based
• Meadows v. Lon Evans
  529 F.2d 385· 5th Cir.· 1976-03-25 ·cited 55×
• Jordan v. Weaver
  472 F.2d 985· 7th Cir.· 1973-01-18 ·cited 55×
  The Eleventh Amendment does not bar federal court orders for retroactive welfare benefits when a state participates in a federal program and agrees to comply with federal law. Federal regulations requiring promptness are consistent with the Social Security Act.
• DeWITT v. Officer R. F. Pail
  366 F.2d 682· 9th Cir.· 1966-09-08 ·cited 55×
  A prisoner's civil rights complaint alleging that prison officials confiscated legal papers necessary for his appeal, thereby frustrating his access to the courts, states a claim for damages under 42 U.S.C. § 1983.
• Powell v. Snook
  25 F.4th 912· 11th Cir.· 2022-02-08 ·cited 54×
  The court held that the officer was entitled to qualified immunity because the law was not clearly established that he violated the Fourth Amendment by using deadly force without a warning in these specific circumstances.
• Rice-Lamar v. City OF Fort Lauderdale
  232 F.3d 836· 11th Cir.· 2000-11-08 ·cited 54×
  Deborah Rice-Lamar, an African-American female Affirmative Action Specialist for the City of Fort Lauderdale, was discharged after refusing to remove personal commentary from her 1996 Affirmative Action Report despite supervisory instructions to do so. The Eleventh Circuit affirm
• J.T. Carr v. City OF Florence
  916 F.2d 1521· 11th Cir.· 1990-11-07 ·cited 54×·via Section 1983
  The court held that prior precedent improperly granted Eleventh Amendment immunity to Alabama county sheriffs without a proper analysis of state funding for judgments.
• Jones v. City OF Chicago
  856 F.2d 985· 7th Cir.· 1988-09-14 ·cited 54×
  The court held that the jury could reasonably find that the defendants conspired to violate the plaintiff's constitutional rights by fabricating evidence and concealing exculpatory information, thus causing his wrongful arrest and prosecution.
• Remo Benigni v. City OF Hemet
  879 F.2d 473· 9th Cir.· 1988-08-15 ·cited 54×
  The court held that the City failed to preserve most of its challenges to jury instructions and sufficiency of evidence due to procedural defaults, and that any errors in the qualified immunity instruction were harmless.
• Ashelman v. Hon. Gary Pope
  793 F.2d 1072· 9th Cir.· 1986-07-08 ·cited 54×
  A conspiracy between a judge and prosecutor to predetermine the outcome of a judicial proceeding does not pierce the immunity extended to judges and prosecutors, as long as the judge's ultimate acts are judicial actions taken within the court's subject matter jurisdiction and the
• Voutour v. Vitale
  761 F.2d 812· 1st Cir.· 1985-03-29 ·cited 54×
  The court held that genuine issues of material fact existed regarding the liability of Chief Forni and the Town of Saugus under 42 U.S.C. § 1983, precluding summary judgment.
• Garrity v. Sununu
  752 F.2d 727· 1st Cir.· 1984-12-27 ·cited 54×
  The court held that attorneys' fees could not be awarded for claims brought solely under the Education for All Handicapped Children Act (EAHCA) or its state counterpart, as these statutes lack fee-shifting provisions and are not covered by other fee-entitling statutes like Sectio
• Bledsoe v. Garcia
  742 F.2d 1237· 10th Cir.· 1984-09-04 ·cited 54×
  The court held that a good faith defense is available for § 1983 claims of excessive force and that exigent circumstances justified the entry into the residence. The court also affirmed the requirement of a unanimous jury verdict in federal civil trials.
• Joseph v. Brierton
  739 F.2d 1244· 7th Cir.· 1984-07-23 ·cited 54×
  The court held that the district court erred by not granting a mistrial or informing the jury of indemnification after the defense counsel's prejudicial remarks, and by giving an improper good faith immunity instruction.