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

• Saxon v. Jasper Fielding
  614 F.2d 78· 5th Cir.· 1980-03-20 ·cited 4×
  The court held that a federal court will not void a state election based on technical irregularities unless there is a showing that the outcome would have been different or that serious voting rights violations occurred.
• Billington v. Underwood
  613 F.2d 91· 5th Cir.· 1980-03-06 ·cited 4×
  The court held that the housing authority failed to provide an adequate informal hearing as required by federal regulation, thus reversing the lower court's decision.
• Waste Mgmt. OF Wis., Inc. v. Fokakis
  614 F.2d 138· 7th Cir.· 1980-02-01 ·cited 4×
  Federal courts lack jurisdiction to hear a corporation's collateral attack under 42 U.S.C. § 1983 on a state court criminal conviction, as habeas corpus is the exclusive federal remedy for such attacks.
• Wright v. State OF Tenn.
  613 F.2d 647· 6th Cir.· 1980-01-24 ·cited 4×
  The Sixth Circuit held that the 180-day notice requirement under the ADEA is a jurisdictional prerequisite and cannot be tolled, even if the employer failed to post required information.
• Ledford v. Delancey
  612 F.2d 883· 4th Cir.· 1980-01-09 ·cited 4×
  A plaintiff who lacks a legal qualification for a job cannot claim a First Amendment or due process violation from termination, but may have a claim regarding substantially false information in their personnel file.
• Ross v. Burns
  612 F.2d 271· 6th Cir.· 1980-01-03 ·cited 4×
  The court held that photographing an undercover officer and publishing his identity, even with critical commentary, does not constitute "extreme and outrageous conduct" required for intentional infliction of emotional distress under Michigan law. The court also found no reversibl
• Kasap v. Timothy B. Moritz, M.D.
  613 F.2d 138· 6th Cir.· 1980-01-02 ·cited 4×
  The court held that the district court correctly abstained under the Pullman doctrine to allow Ohio courts to interpret the challenged involuntary commitment statute.
• Am. Real Est. Inst., Inc. v. Ala. Real Est. Comm'n
  605 F.2d 931· 5th Cir.· 1979-11-02 ·cited 4×
  The court held that the Alabama Real Estate Commission's regulations for instructor qualifications and course continuity were rationally related to legitimate state interests and did not violate the Equal Protection or Due Process Clauses of the Fourteenth Amendment.
• Raffone v. Robinson
  607 F.2d 1058· 2d Cir.· 1979-10-18 ·cited 4×
  Prison officials are immune from monetary damages under 42 U.S.C. § 1983 if the constitutional right they infringed was not clearly established at the time of their conduct, or if they did not act maliciously.
• Lopez v. Arraras
  606 F.2d 347· 1st Cir.· 1979-10-10 ·cited 4×
  The court held that the case must be remanded because of serious doubts concerning the district court's jurisdiction and because HUD is a necessary party for proper resolution.
• Buckley v. City OF Omaha
  605 F.2d 1078· 8th Cir.· 1979-09-25 ·cited 4×
  The court affirmed the district court's finding that the plaintiff failed to prove racial discrimination, as the employer articulated legitimate, nondiscriminatory reasons for the actions taken.
• Naughton v. Bevilacqua
  605 F.2d 586· 1st Cir.· 1979-09-20 ·cited 4×
  The court held that the Director of the Department of Mental Health, Retardation and Hospitals was not a proper or necessary party for injunctive relief regarding a patient's specific medical care, absent personal involvement or policy responsibility.
• Glouser v. Parratt
  605 F.2d 419· 8th Cir.· 1979-09-13 ·cited 4×
  The court held that a prisoner's claim of constitutional violation based on a disparity between prison disciplinary penalties and outside criminal penalties fails to state a claim.
• LaSALLE Nat'l Bank under Tr. No. 44891 v. Rosewell
  604 F.2d 530· 7th Cir.· 1979-08-24 ·cited 4×
  The Tax Injunction Act does not bar federal jurisdiction over a civil rights action seeking to enjoin the collection of state taxes if the state's legal remedy is not plain, speedy, and efficient, particularly when that remedy fails to provide interest on refunds.
• Gomez v. Astol Calero Toledo
  602 F.2d 1018· 1st Cir.· 1979-08-07 ·cited 4×
  The court held that a plaintiff suing a public official under 42 U.S.C. § 1983 must sufficiently allege facts demonstrating the official acted in bad faith to overcome qualified immunity.
• Williams v. Dolph Briscoe
  599 F.2d 620· 5th Cir.· 1979-07-10 ·cited 4×
  The court held that the case should be remanded to the district court to determine the effect of Greenholtz on the Texas parole statute.
• Nolan v. Ramsey
  597 F.2d 577· 5th Cir.· 1979-06-22 ·cited 4×
  The court held that the Texas Railroad Commission's rule eliminating stenomask reporters did not violate appellants' due process or equal protection rights. The rule was rationally related to a legitimate state interest and was a quasi-legislative decision not requiring individua
• Ostrowski v. The City OF NEW York
  601 F.2d 629· 2d Cir.· 1979-06-04 ·cited 4×
  The court held that a state law claim, if properly pleaded, could resolve the due process issue and remanded for amendment.
• Fillinger v. The Cleveland Soc'y FOR the Blind
  591 F.2d 378· 6th Cir.· 1979-01-18 ·cited 4×
  The court held that it had the power to order the district court to retain jurisdiction pending administrative and arbitration remedies under the Randolph-Sheppard Act, and that issues of standing, class action, laches, and estoppel should be addressed by the administrative bodie
• Mulherin v. O'Brien
  588 F.2d 853· 1st Cir.· 1978-12-29 ·cited 4×
  The court should not dismiss a complaint for failure to state a cause of action without a full factual development, especially when constitutional rights are implicated.
• Muzquiz v. City OF SAN Antonio
  586 F.2d 529· 5th Cir.· 1978-12-20 ·cited 4×
  The court held that while the City and Board are now potentially suable under § 1983, this change does not alter the prior conclusion that no constitutional violations were established.
• W. Food Plan, Inc. v. MacFARLANE
  588 F.2d 778· 10th Cir.· 1978-12-04 ·cited 4×
  The court held that while abstention was proper due to pending state court proceedings, dismissal of the federal action was incorrect; the federal court should retain jurisdiction.
• Fillinger v. The Cleveland Soc'y FOR THE Blind
  587 F.2d 336· 6th Cir.· 1978-11-28 ·cited 4×
  The court held that the 1974 amendments to the Randolph-Sheppard Act require blind vendors to exhaust administrative and arbitration remedies before seeking judicial review.
• Haywood v. Ball
  586 F.2d 996· 4th Cir.· 1978-11-17 ·cited 4×
  The court held that the district court erred in dismissing the state law negligence claim after a jury verdict, and that the plaintiff waived his right to appeal jury instructions by failing to object.
• Torres v. Astol Calero Toledo
  586 F.2d 858· 1st Cir.· 1978-11-08 ·cited 4×
  The court held that the defendant, Superintendent Calero, lacked standing to appeal because the Commonwealth of Puerto Rico had assumed all financial obligations and responsibilities, leaving him with no personal stake in the outcome.
• Earnest Richardson v. The City OF Conroe
  582 F.2d 19· 5th Cir.· 1978-10-11 ·cited 4×
  The court held that the jury charge adequately presented the issue of police officer liability for a constitutional tort, and that the jury's finding of good faith refuted the appellant's claims.
• Frey v. Panza
  583 F.2d 113· 3d Cir.· 1978-08-31 ·cited 4×
  The court held that the district court's dismissal order should be vacated and the case remanded for further consideration in light of recent Supreme Court decisions on Fourth Amendment protections.
• Denis J. O'Connell High Sch. by its Bd. of Trs. v. The Va. High Sch. League
  581 F.2d 81· 4th Cir.· 1978-08-07 ·cited 4×
  The court held that the district court correctly decided that the League's exclusionary rule violated the equal protection clause and that admission would not violate the establishment clause.
• Atkinson v. Bass
  579 F.2d 865· 4th Cir.· 1978-07-13 ·cited 4×
  The court held that the ex parte communication by defendants to withdraw their hearing request, without notice to the plaintiff, prejudiced the plaintiff's procedural rights and warrants reversal.
• Mashel Robinson v. Benton
  579 F.2d 70· 10th Cir.· 1978-07-13 ·cited 4×
  The court held that the trial court lacked sufficient facts to dismiss the action and that a record needed to be developed.
• Welsh v. Kinchla
  577 F.2d 767· 1st Cir.· 1978-06-30 ·cited 4×
  A plaintiff must prove malice to recover damages under 42 U.S.C. § 1983 for the use of a prejudgment attachment procedure later found unconstitutional, absent evidence of ulterior motive.
• Ether L. Barnes v. Jones Cnty. Sch. Dist.
  575 F.2d 490· 5th Cir.· 1978-06-19 ·cited 4×
  The court held that the district court's finding that racial bias was not a factor in the decision not to rehire the plaintiff was not clearly erroneous, and thus affirmed the judgment for the defendants.
• Myer Phillips v. Cheltenham Twp. & John Ward. Appeal of John Ward
  575 F.2d 72· 3d Cir.· 1978-04-24 ·cited 4×
  The court held that an unconditionally paid judgment renders an appeal moot, depriving the court of the power to grant relief.
• Robert and Angeles O'Grady v. City OF Montpelier
  573 F.2d 747· 2d Cir.· 1978-03-27 ·cited 4×
  The court held that the district court erred in dismissing the complaint for lack of jurisdiction and failure to state a claim, as the factual record was insufficient to determine the constitutional questions presented.
• Elmo C. Tatum v. Golden
  570 F.2d 753· 8th Cir.· 1978-02-14 ·cited 4×
  The court held that the applicable Iowa statute of limitations bars the plaintiff's claim under 42 U.S.C. § 1981.
• Yesterday's Children v. Kennedy
  569 F.2d 431· 7th Cir.· 1977-12-29 ·cited 4×
  The court held that abstention was appropriate, allowing Illinois state courts to interpret the relevant statutes and General Order regarding the release of adoption records, as this interpretation could materially alter the constitutional issues presented.
• Inmates OF the Nebraska Penal AND Correctional Complex v. Greenholtz
  567 F.2d 1368· 8th Cir.· 1977-12-02 ·cited 4×
  The court held that the statistical disparities in parole grants were not sufficiently significant to establish a prima facie case of racial or ethnic discrimination, and thus did not alone prove purposeful discrimination.
• Morse v. Wozniak
  565 F.2d 959· 6th Cir.· 1977-11-22 ·cited 4×
  Federal courts lack jurisdiction over claims arising solely under state teacher tenure law, even if framed as constitutional violations, when the federal claim is unsubstantial.
• Burnett v. McNABB
  565 F.2d 398· 6th Cir.· 1977-11-04 ·cited 4×
  The court held that the Beer Board members were immune from suit because they acted in good faith in their quasi-judicial capacity. The court also held that there was no pendent federal jurisdiction under the cited Tennessee statute.
• Young v. Brashears
  560 F.2d 1337· 7th Cir.· 1977-08-23 ·cited 4×
  The court held that the plaintiff possessed a property interest in his position as Clinical Director, protected by the Due Process Clause, and that the Commission's decision to terminate him was arbitrary and capricious, lacking support in the record.
• Andre v. Bd. OF Trs. OF the Vill. OF Maywood
  561 F.2d 48· 7th Cir.· 1977-07-27 ·cited 4×
  The court held that the municipal residency ordinance does not violate the Due Process Clause, the Contract Clause, or the Equal Protection Clause of the Fourteenth Amendment.
• Jon-Karl Baldwin v. Appalachian Power Co.
  556 F.2d 241· 4th Cir.· 1977-06-01 ·cited 4×
  The court held that the power company's actions, while under color of state law, did not violate any federally protected right because the state provided a mechanism for compensation.
• Massey v. Quinton Smith
  555 F.2d 1355· 8th Cir.· 1977-05-25 ·cited 4×
  The court held that the complaint failed to state a claim under 42 U.S.C. § 1985(3) because it lacked allegations of class-based animus, and no other federal provision supported the requested relief of indictment or investigation.
• W. C. "Bud" Davis v. Norman
  555 F.2d 189· 8th Cir.· 1977-05-16 ·cited 4×
  The court held that the city ordinance regulating the storage of abandoned vehicles was constitutional as applied to the appellant's display of a wrecked truck, even if considered symbolic speech.
• Parham v. Hardaway
  555 F.2d 139· 6th Cir.· 1977-05-13 ·cited 4×
  The court held that a non-tenured state employee, lacking a property interest created by state law or contract, does not have a Fourteenth Amendment due process claim for wrongful discharge based on insubordination.
• COX Bakeries OF N.D., Inc. v. Timm Moving & Storage, Inc.
  554 F.2d 356· 8th Cir.· 1977-05-12 ·cited 4×
  A state statute allowing a warehouseman to sell stored goods to satisfy a disputed debt without a prior hearing violates the Due Process Clause of the Fourteenth Amendment.
• Cornell Reynolds v. Abbeville Cnty. Sch. Dist. NO. 60
  554 F.2d 638· 4th Cir.· 1977-05-11 ·cited 4×
  The court held that the discharge of Reynolds was discriminatory, requiring consideration for reinstatement.
• Ellis Dwight Williams v. Mason DAY
  553 F.2d 1160· 8th Cir.· 1977-04-21 ·cited 4×
  A school board's decision not to renew a non-tenured teacher's contract is permissible if the board can demonstrate it would have made the same decision absent any constitutionally protected conduct by the teacher.
• Smith v. Klecker
  554 F.2d 848· 8th Cir.· 1977-04-19 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the defamation claim failed to state a federal claim and that defendants were likely immune from damages.
• Smiley v. State OF S.D.
  551 F.2d 774· 8th Cir.· 1977-03-24 ·cited 4×
  The district court correctly dismissed the action because federal courts lack jurisdiction to review state court judgments under the Rooker-Feldman doctrine, and the claims were also barred by res judicata.