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

• Lewis v. McMASTERS
  663 F.2d 954· 9th Cir.· 1981-12-14 ·cited 4×
  The court held that Cal.Veh.Code § 2805 does not constitutionally authorize warrantless general searches of business premises.
• Steffen v. Housewright
  665 F.2d 245· 8th Cir.· 1981-12-07 ·cited 4×
  The court held that a prisoner's claim for tortious loss of property due to random and unauthorized acts of state employees does not violate the Due Process Clause if the state provides a remedy.
• Gale A. Rachuy v. Murphy Motor Freight Lines, Inc.
  663 F.2d 57· 8th Cir.· 1981-11-06 ·cited 4×
  The court held that the district court did not err in dismissing the complaint, as it failed to state a claim under 42 U.S.C. §§ 1983 and 1985.
• Burnett v. Chickasaw Area Dev. Comm'n
  662 F.2d 1210· 6th Cir.· 1981-10-06 ·cited 4×
  The court held that the plaintiff failed to prove racial discrimination and that the district court's findings of fact were supported by substantial evidence and not clearly erroneous.
• Street v. P. G. Cnty. Police Detective Cherba
  662 F.2d 1037· 4th Cir.· 1981-10-01 ·cited 4×·via 42 U.S.C. § 1983 Action
  Police officers are entitled to qualified immunity if they acted with a reasonable and good faith belief that they acted lawfully, even if their actions were later found unlawful.
• Jackson v. Ala. Dep't OF Pub. Safety
  657 F.2d 689· 5th Cir.· 1981-09-28 ·cited 4×·via Section 1983
  The court held that a claim alleging non-compliance with a prior consent decree must be litigated within that existing class action, not as a new independent suit.
• Local 2106, Int'l Ass'n OF Firefighters, AFL-CIO v. City OF Rock Hill
  660 F.2d 97· 4th Cir.· 1981-09-17 ·cited 4×
  Rock Hill's policy denying municipal employees access to speak at city council meetings on employment matters, while allowing others to speak, violates the First and Fourteenth Amendments.
• Sherman v. Ellis MacDOUGALL
  656 F.2d 527· 9th Cir.· 1981-09-17 ·cited 4×
  Summary judgment was correct regarding magazines, but the case must be remanded for a hearing on the issue of legal mail being opened.
• Murray v. Bd. OF Trs.
  659 F.2d 77· 6th Cir.· 1981-09-09 ·cited 4×
  The court held that while the claim for injunctive relief was moot, the case should be remanded for consideration of nominal damages and attorney fees, and for reconsideration of constitutional and immunity issues.
• Wallace v. City OF NEW Orleans
  654 F.2d 1042· 5th Cir.· 1981-08-31 ·cited 4×
  The court held that a plaintiff pursuing a claim under 42 U.S.C. § 1983 must prove intent to discriminate, not merely disparate impact, and that the evidence presented did not meet this standard.
• Otten v. Schicker
  655 F.2d 142· 8th Cir.· 1981-07-27 ·cited 4×·via 42 U.S.C. § 1983 Claim
  A police department regulation prohibiting employees from running for elective public office does not unconstitutionally infringe First Amendment rights, is not vague or overbroad, and does not violate equal protection.
• Gilday v. Boone
  657 F.2d 1· 1st Cir.· 1981-07-22 ·cited 4×
  The court held that the inmate's claim for injunctive relief was properly dismissed as moot, but his claim for damages should be remanded for further proceedings.
• Wasena Wooten v. Clifton Forge Sch. Bd.
  655 F.2d 552· 4th Cir.· 1981-07-21 ·cited 4×
  The court held that a principal reassigned to a teaching position with a salary reduction, under a continuing contract, did not have a protected property or liberty interest under the Fourteenth Amendment, as Virginia law permitted such reassignment without cause or a hearing. Th
• Cervantes v. Guerra
  651 F.2d 974· 5th Cir.· 1981-07-13 ·cited 4×
  The court held that excluding resident aliens from voting for or serving on a Community Action Agency board does not violate the Economic Opportunity Act or the Equal Protection Clause, as such roles fall under the political functions exception.
• C.R. v. Adams
  649 F.2d 625· 8th Cir.· 1981-06-02 ·cited 4×
  The court held that federal courts should abstain from deciding a constitutional challenge to Iowa's mental health commitment statutes due to the unsettled nature of Iowa law, which is susceptible to an interpretation that would avoid the federal question.
• Moore v. Burger
  655 F.2d 1265· D.C. Cir.· 1981-05-22 ·cited 4×
  The court held that the pro se appellant's claims were properly dismissed because he lacked standing to sue the Justices and failed to state a claim against the federal government.
• Bacon v. Toia
  648 F.2d 801· 2d Cir.· 1981-05-04 ·cited 4×
  The court held that certain amendments to New York's emergency assistance law denying cash aid to AFDC recipients and denying aid for loss or theft of grants violate the Equal Protection Clause, but upheld the statute against a Supremacy Clause challenge.
• Parker v. Merlino
  646 F.2d 848· 3d Cir.· 1981-04-24 ·cited 4×
  The court held that the Senate's rule allowing a majority to cut off debate is constitutional and its application in this case did not violate the plaintiffs' First Amendment rights.
• Members OF the Bridgeport Hous. Auth. Police Force v. City OF Bridgeport
  646 F.2d 55· 2d Cir.· 1981-04-20 ·cited 4×
  The court held that the City did not violate Title VII, 42 U.S.C. §§ 1981, or 1983, but did violate the Model Cities Act by failing to grant civil service status to the Housing Police.
• Collins v. Pitchess
  641 F.2d 740· 9th Cir.· 1981-04-06 ·cited 4×
  The court held that a prisoner's incarceration alone is not a sufficient ground to dismiss a civil rights complaint or deny the right to proceed in forma pauperis.
• Feldman v. Jackson Mem'l Hosp.
  509 F. Supp. 815· S.D. Fla.· 1981-03-17 ·cited 4×
  The court held that the plaintiff failed to state a claim for civil rights violations but that the Sherman Act claim met minimum jurisdictional requirements, allowing for further discovery.
• Harald Schleiffer v. Meyers
  644 F.2d 656· 7th Cir.· 1981-03-16 ·cited 4×
  A child under eleven does not possess an independent constitutional right to override a custodial parent's decision regarding relocation.
• Margoles v. Tormey
  643 F.2d 1292· 7th Cir.· 1981-03-12 ·cited 4×
• Delaney v. Capone
  642 F.2d 57· 3d Cir.· 1981-02-27 ·cited 4×
  The appellate court affirmed the district court's judgment for the defendants on the merits but remanded for an explanation regarding the denial of costs.
• Ybarra v. Bastian
  647 F.2d 891· 9th Cir.· 1981-02-12 ·cited 4×
  The court held that the employee's conviction for murder extinguished any property or liberty interest in continued employment, thus precluding a procedural due process claim for denial of a post-termination hearing.
• Hagopian v. Trefrey
  639 F.2d 52· 1st Cir.· 1981-02-03 ·cited 4×
  The court held that the town manager did not possess a constitutionally protected property or liberty interest in his employment, as the town charter allowed for dismissal without cause and the charges were not sufficiently serious or specific.
• In re Suspension to Practice Before the United States Dist. Court of the S. Dist. of Iowa of John D. Randall. Appeal of John D. Randall. John D. Randall v. Reynoldson
  640 F.2d 898· 8th Cir.· 1981-01-21 ·cited 4×
  The court held that the federal district courts did not err in disbarring Randall based on the Iowa Supreme Court's disbarment, and Randall is disbarred from the Eighth Circuit.
• Hebert v. Ventetuolo
  638 F.2d 5· 1st Cir.· 1981-01-20 ·cited 4×
  The court held that the students had no constitutional entitlement to play interscholastic sports, thus no due process claim for their suspension.
• Eugene v. Klecker
  636 F.2d 250· 8th Cir.· 1980-12-31 ·cited 4×
  The court held that the disciplinary procedures at the North Dakota State Penitentiary did not violate the inmate's constitutional rights, affirming the dismissal of his complaint.
• Arrow v. DOW
  636 F.2d 287· 10th Cir.· 1980-12-23 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
• Gary v. Spires
  634 F.2d 772· 4th Cir.· 1980-12-09 ·cited 4×
  The court held that the defendants' delay in seeking attorney's fees under 42 U.S.C. § 1988, until after the appeal period expired, was inequitable and prejudiced the plaintiffs, thus the award was an error.
• Johnson v. City OF ST. Paul
  634 F.2d 1146· 8th Cir.· 1980-12-03 ·cited 4×
• Hayes v. The Memphis Police Dep't
  634 F.2d 350· 6th Cir.· 1980-11-26 ·cited 4×
  The court held that the district court's additional findings of fact were not clearly erroneous, supporting the officer's use of deadly force.
• Bowles v. Bennett
  629 F.2d 1092· 5th Cir.· 1980-11-06 ·cited 4×
  The court held that while the denial of the preliminary injunction was proper, the trial court erred in consolidating the preliminary injunction hearing with the trial on the merits without preserving the parties' right to a jury trial on the damages claim.
• Webber v. Michela
  633 F.2d 518· 8th Cir.· 1980-10-28 ·cited 4×
  The court held that the district court lacked personal jurisdiction over the defendants because they had insufficient minimum contacts with the forum state. The dismissal is affirmed, but the award of attorney's fees is vacated.
• Villanueva v. George
  632 F.2d 707· 8th Cir.· 1980-10-20 ·cited 4×
  The court held that the restrictive confinement and alleged property deprivation did not violate the plaintiff's civil rights, as the conditions were reasonably related to legitimate governmental objectives and there was no evidence of intent to punish or personal responsibility
• Aubuchon v. State OF Mo.
  631 F.2d 581· 8th Cir.· 1980-10-08 ·cited 4×
  The State of Missouri is not a proper party to an action brought under 42 U.S.C. § 1983, and any individual named would be protected by judicial immunity.
• Haag v. Ward
  632 F.2d 206· 2d Cir.· 1980-09-30 ·cited 4×
  New York Penal Law § 70.30(1)(a) does not deny equal protection to a prisoner who has completed a prior felony sentence before commencing a second felony sentence.
• Fla. Businessmen for Free Enter. v. State
  499 F. Supp. 346· N.D. Fla.· 1980-09-30 ·cited 4×
  The court held that Section 893.147(1) of Florida's 'Head Shop' law is unconstitutionally vague because it prohibits mere possession of drug paraphernalia without requiring proof of the defendant's intent or knowledge of illegal use. The remainder of the law was found constitutio
• Modjeska M. Simkins v. Gressette
  631 F.2d 287· 4th Cir.· 1980-09-22 ·cited 4×
  The court held that the plaintiffs failed to state a substantial claim of unconstitutional vote dilution, and that equitable principles barred relief due to the delay in filing the lawsuit.
• Gloristeen Harris v. City OF Fort Myers
  624 F.2d 1321· 5th Cir.· 1980-08-28 ·cited 4×
  The court held that the trial court did not err in awarding attorney's fees to the plaintiffs, as they were the prevailing party, even though the judgment was by consent, and the award was based on appropriate standards.
• Dolence v. Flynn
  628 F.2d 1280· 10th Cir.· 1980-08-26 ·cited 4×
  The court held that a trial by affidavit is procedurally impermissible when crucial disputed issues of fact exist, and that plaintiffs in 42 U.S.C. § 1983 actions are entitled to a jury trial.
• Mrazek v. Suffolk Cnty. Bd. OF Elections
  630 F.2d 890· 2d Cir.· 1980-07-25 ·cited 4×
• Heath v. Redbud Hosp. Dist.
  620 F.2d 207· 9th Cir.· 1980-05-30 ·cited 4×
  The court held that the plaintiff's termination did not violate due process because she had no constitutionally protected property interest in her employment and no liberty interest was implicated.
• JOE v. Honorable Roy Marcum
  621 F.2d 358· 10th Cir.· 1980-05-16 ·cited 4×
  The court held that a state court garnishment proceeding to attach wages earned on a Navajo Indian Reservation by a Navajo Indian employee of a company operating on the reservation is preempted by federal law and impinges upon tribal sovereignty.
• Phillips v. Purdy
  617 F.2d 139· 5th Cir.· 1980-05-16 ·cited 4×
  The court held that the dismissal of the prisoner's pro se complaint was improper without an evidentiary hearing, as the statute of limitations and frivolousness issues could not be determined from the pleadings alone.
• Robinson v. Price
  615 F.2d 1097· 5th Cir.· 1980-04-24 ·cited 4×
  The court held that the district court erred in granting a directed verdict, as the plaintiff's termination for participating in a church committee, which conflicted with the Association's policy due to a board member's involvement, may have infringed his First Amendment rights.
• Shamie v. City OF Pontiac
  620 F.2d 118· 6th Cir.· 1980-04-21 ·cited 4×
  The court held that the plaintiff, as a first-time liquor license applicant, did not possess a property interest protected by due process, even with a court-ordered agreement for reasons for denial. The court also found no merit in claims of equal protection or right to petition
• Capili v. Ned Shott
  620 F.2d 438· 4th Cir.· 1980-04-14 ·cited 4×
  The court held that the hospital's exclusive contract for anesthesiology services was supported by a rational basis and did not violate the Sherman Act or civil rights.
• Gross v. Univ. OF Tenn. & Charles B. McCall
  620 F.2d 109· 6th Cir.· 1980-04-09 ·cited 4×
  The court held that the plaintiffs' termination did not violate 42 U.S.C. § 1983 or the Fourteenth Amendment, and summary judgment for the university was proper.