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

• Taylor v. Consol. Edison Co. OF NEW York, Inc.
  552 F.2d 39· 2d Cir.· 1977-02-24 ·cited 4×
  The court held that the termination of electrical service by Con Ed, even with extensive state regulation, did not constitute state action for due process purposes because the decision not to grant a pretermination hearing was Con Ed's, not the state's. The court also held that t
• Howard v. Lemmons
  547 F.2d 290· 5th Cir.· 1977-02-18 ·cited 4×
  The court held that a § 1983 claim requires state action, and a § 1985(3) claim was not stated under existing precedent.
• Beauchamp v. Davis
  550 F.2d 959· 4th Cir.· 1977-02-15 ·cited 4×
  The court held that the teacher's non-renewal did not violate constitutional due process rights because she did not possess a property right in continued employment or a constitutionally protected liberty interest.
• Wolder v. Clare J. Rahm
  549 F.2d 543· 8th Cir.· 1977-02-09 ·cited 4×
  The court held that the plaintiff's federal civil rights action was barred by the Iowa statute of limitations for claims against a decedent's estate, despite not being barred by the doctrine of election of remedies.
• Bury v. McINTOSH
  540 F.2d 835· 5th Cir.· 1976-10-15 ·cited 4×
  The court held that an employee who voluntarily resigns is not entitled to due process protections, and the trial court's finding of voluntariness was not clearly erroneous.
• Guesnon v. McHENRY
  539 F.2d 1075· 5th Cir.· 1976-10-04 ·cited 4×
  The court held that a private cause of action cannot be implied from the HUD regulation at issue, and the case should be remanded to allow for HUD's participation.
• FOX v. Sullivan
  539 F.2d 1065· 5th Cir.· 1976-09-30 ·cited 4×
  The court held that a prison guard's alleged negligence in allowing an inmate attack and a lieutenant's alleged conversion of an inmate's property are actionable under 42 U.S.C. § 1983.
• Breed v. United States Dist. Court FOR the N. Dist. OF Cal.
  542 F.2d 1114· 9th Cir.· 1976-09-29 ·cited 4×
  The court held that the petition for a writ of mandamus or prohibition should be denied because the claim of privilege was not sufficiently specific and extraordinary relief was not warranted.
• Kornit v. Bd. of Educ.
  542 F.2d 593· 2d Cir.· 1976-09-15 ·cited 4×
  The court held that a school board is not a 'person' under 42 U.S.C. § 1983, divesting federal courts of subject matter jurisdiction.
• Walton v. Salter
  547 F.2d 824· 5th Cir.· 1976-07-14 ·cited 4×
  The court held that the complaint failed to plead the jurisdictional theory advanced on appeal, which was a pattern of negligent police vehicle operation.
• Leatha Benita Sims v. Waln
  536 F.2d 686· 6th Cir.· 1976-06-15 ·cited 4×
  The court affirmed the dismissal of the plaintiff's claims, finding that while the federal claims were not constitutionally insubstantial, they ultimately failed on the merits.
• Stolberg v. Members OF the Bd. OF Trs. FOR the State Colleges OF the State OF Conn.
  541 F.2d 890· 2d Cir.· 1976-06-02 ·cited 4×
  The dissenting judge argues that the state waived its dual-job ban defense through res judicata and that the Comptroller and Attorney General should be held in contempt for withholding salary.
• Baum v. Lunding
  535 F.2d 1016· 7th Cir.· 1976-05-17 ·cited 4×
  The court held that the district court correctly denied the request to convene a three-judge court and dismissed the complaint, finding no substantial constitutional question.
• Stephenson v. Gaskins
  531 F.2d 765· 5th Cir.· 1976-05-14 ·cited 4×
  A sheriff is shielded by qualified immunity in § 1983 false imprisonment suits, requiring a determination of good faith and reasonableness, not an outright dismissal.
• Powers v. Mancos Sch. Dist. RE-6
  539 F.2d 38· 10th Cir.· 1976-05-10 ·cited 4×
• Sheets v. Stanley Cmty. Sch. Dist. NO. 2
  532 F.2d 111· 8th Cir.· 1976-03-23 ·cited 4×
  The court held that the school board's decision not to renew the decedent's contract was not based on constitutionally impermissible reasons, and thus did not violate his First Amendment rights.
• Gilbert v. Honorable James S. Corcoran
  530 F.2d 820· 8th Cir.· 1976-03-03 ·cited 4×
  Dismissal of the civil rights action against the judge, prosecutor, and public defenders was proper.
• Hepperle v. S. Methodist Univ. & Univ. Park
  526 F.2d 1257· 5th Cir.· 1976-02-17 ·cited 4×
  The court held that the district court's dismissals were proper and that certain orders denying motions to dismiss were not final judgments and therefore not immediately appealable.
• Wright v. Chief OF Transit Police
  527 F.2d 1262· 2d Cir.· 1976-01-15 ·cited 4×
  The court held that the named defendants, acting in their official capacity, are 'persons' within the meaning of 42 U.S.C. § 1983, and thus the district court has jurisdiction under 28 U.S.C. § 1343(3).
• Assata Shakur v. Malcolm
  525 F.2d 1144· 2d Cir.· 1975-09-26 ·cited 4×
  The court held that the district court's order denying paraprofessionals attorney-type visiting privileges was not immediately appealable as an interlocutory order under 28 U.S.C. § 1292(a) or the Cohen doctrine.
• Atchley v. Greenhill
  517 F.2d 692· 5th Cir.· 1975-08-15 ·cited 4×
  The court held that the District Court correctly dismissed the suit for lack of jurisdiction, as it was an impermissible attempt to exercise appellate jurisdiction over a state court judgment.
• Leva Adkins v. The Honorable Robert C. Underwood
  520 F.2d 890· 7th Cir.· 1975-07-17 ·cited 4×
  The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted, affirming the dismissal.
• Perry v. ST. Pierre
  518 F.2d 184· 2d Cir.· 1975-05-29 ·cited 4×
  The court held that the City Charter section prohibiting police officers from engaging in political activity was not unconstitutional on its face and affirmed the denial of a preliminary injunction.
• Holder v. Nelson
  514 F.2d 1091· 9th Cir.· 1975-04-29 ·cited 4×
  The court held that the district court erred in dismissing the action and denying the request for a three-judge court, as the claims presented were not insubstantial.
• Grow v. Smith
  511 F.2d 1146· 9th Cir.· 1975-02-26 ·cited 4×
  The court held that the Eleventh Amendment bars suits for retroactive welfare benefits and that the challenged state regulation requiring minimal information to determine current need is consistent with federal law. The court also remanded for consideration of amended regulations
• William and Denise Bynes v. Toll
  512 F.2d 252· 2d Cir.· 1975-02-06 ·cited 4×
  The State University of New York at Stony Brook is not constitutionally required to allow married students with children to live in dormitory suites not designed for family living, as the ban is rationally related to safety concerns.
• Guerrero v. Hauck
  502 F.2d 579· 5th Cir.· 1974-10-07 ·cited 4×
  The district court erred in dismissing the complaint with prejudice and denying the motion to vacate that dismissal.
• Phillips v. Trello
  502 F.2d 1000· 3d Cir.· 1974-07-26 ·cited 4×
  The court held that a complaint alleging a conspiracy to subject plaintiffs to illegal harassment, even by private citizens, is sufficient to survive a motion to dismiss under Rule 12(b)(6) for claims brought under 42 U.S.C. §§ 1983 and 1985.
• Henderson v. Warden, Thrower
  497 F.2d 125· 5th Cir.· 1974-07-12 ·cited 4×
  The court held that jail officials acting under a federal contract to house federal prisoners are still liable under 42 U.S.C. § 1983 for deprivation of adequate medical care.
• Goldstein v. City OF Chicago
  504 F.2d 989· 7th Cir.· 1974-07-12 ·cited 4×
  The court held that the city's ordinance distinguishing garbage removal duties based on building type (single-family vs. multiple-unit) does not violate the Equal Protection Clause of the Fourteenth Amendment.
• Jones v. Connors
  496 F.2d 82· 5th Cir.· 1974-06-21 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that a pro se prisoner's complaint alleging constitutional violations regarding transfer, privileges, and property deprivation cannot be dismissed without factual development.
• Norman v. Missouri Pacific Railroad
  497 F.2d 594· 8th Cir.· 1974-06-04 ·cited 4×
  The court held that retired train porters' claims for enhanced retirement benefits, based on hypothetical past qualification for brakeman positions, are indistinguishable from back pay claims and are therefore foreclosed by precedent in a similar case.
• Holiday Magic, Inc. v. Warren
  497 F.2d 687· 7th Cir.· 1974-05-20 ·cited 4×
  A single district judge erred by dismissing a complaint challenging a state regulation on constitutional grounds without convening a three-judge court, as the constitutional claims presented were not insubstantial.
• Bell v. Wolff
  496 F.2d 1252· 8th Cir.· 1974-05-17 ·cited 4×
  The court held that while the plaintiff was subjected to involuntary servitude, the Warden's actions were taken in good faith, precluding an award of damages.
• Lisandro Rivera v. Antonio Gonzalez Chapel
  493 F.2d 1302· 1st Cir.· 1974-03-29 ·cited 4×
  The court held that the plaintiffs' claims did not present a substantial federal question, and therefore, the federal court lacked jurisdiction over the pendent state law claims.
• Anderson v. DeCRISTOFALO
  494 F.2d 321· 2d Cir.· 1974-03-13 ·cited 4×
  The court held that the good faith-reasonable belief defense is available in § 1983 actions and that the police officers acted in good faith and reasonable belief. The court also reversed the judgment for wrongful eviction under state law.
• Pordum v. Bd. OF Regents OF the State OF NEW York
  491 F.2d 1281· 2d Cir.· 1974-02-20 ·cited 4×
  The court affirmed the district court's decision, holding that the claims challenging the constitutionality of section 305(7) of the New York Education Law were either foreclosed by prior decisions or lacked merit, and thus a three-judge court was not required.
• Reynolds v. McNICHOLS
  488 F.2d 1378· 10th Cir.· 1973-12-13 ·cited 4×
  The court held that Denver's 'hold and treat' ordinance is constitutional on its face and was not unconstitutionally applied to the plaintiff. The ordinance is a valid exercise of the police power to control venereal disease.
• Hutcherson v. Lehtin
  485 F.2d 567· 9th Cir.· 1973-09-19 ·cited 4×
  The court held that res judicata bars a federal civil rights action raising the same constitutional issue previously decided by a state court.
• Beightol v. Kunowski
  486 F.2d 293· 3d Cir.· 1973-09-19 ·cited 4×
  The court held that the allegations of unlawful detention for fingerprinting and photographing, while not in custody and without a warrant, state a claim under 42 U.S.C. § 1983.
• Reilly v. Doyle
  483 F.2d 123· 2d Cir.· 1973-07-26 ·cited 4×
  The court held that the district court properly dismissed the complaint because federal intervention was inappropriate, the allegations did not sufficiently detail a conspiracy under color of state law, and the plaintiffs failed to allege excessive force or discriminatory enforce
• Mattingly v. Elias
  482 F.2d 526· 3d Cir.· 1973-07-09 ·cited 4×
  The court held that the district court erred in requiring tenants to present retaliatory eviction claims in state court, but correctly dismissed claims for warranty of habitability and unconscionability due to lack of federal jurisdiction.
• Patterson v. Hopkins
  481 F.2d 640· 5th Cir.· 1973-06-14 ·cited 4×
  The court held that the trial judge's decree prescribing jail practices and facilities was an acceptable disposition, denying monetary damages.
• Parker v. Graves
  479 F.2d 335· 5th Cir.· 1973-06-13 ·cited 4×
  The court held that the complaint's allegations, taken as a whole, sufficiently stated a claim under 42 U.S.C. § 1983, and the trial court's findings of fact were not clearly erroneous.
• Ned S. Skinner v. Spellman
  480 F.2d 539· 4th Cir.· 1973-05-31 ·cited 4×
  The court held that good faith reliance on standard operating procedure can be a defense to liability for damages under 42 U.S.C. § 1983.
• Lassie Fay Wilkerson v. The City OF Coralville
  478 F.2d 709· 8th Cir.· 1973-04-30 ·cited 4×
  The court held that the Equal Protection Clause does not prohibit a municipality from refusing to annex an impoverished area, as there is no constitutional right to annexation or municipal services.
• United States ex rel. Paul E. Arzonica v. Scheipe
  474 F.2d 720· 3d Cir.· 1973-02-27 ·cited 4×
  The court held that the warden's statements and the prisoner's transfer did not state a claim under 42 U.S.C. § 1983, but the solitary confinement issue requires reconsideration in light of recent case law.
• Augustus J. Simmons v. Wetherell
  472 F.2d 509· 2d Cir.· 1973-01-19 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the state's repeated attempts to condemn land, even if ultimately unsuccessful or inefficient, did not constitute an unconstitutional taking under § 1983, but a claim regarding runway lights on disputed land stated a cause of action, albeit one to be stayed pe
• Patrone v. Howland Local Schs. Bd. OF Educ.
  472 F.2d 159· 6th Cir.· 1972-12-19 ·cited 4×
  A nontenured teacher with a limited contract, who was properly notified of non-renewal and did not meet certification requirements, has no constitutional right to a statement of reasons or a hearing.
• George v. Conneaut Bd. OF Educ.
  472 F.2d 132· 6th Cir.· 1972-12-19 ·cited 4×
  A nontenured teacher is entitled to relief under 42 U.S.C. § 1983 if a school board refuses to rehire them because of the exercise of First Amendment rights. Due process does not require a statement of reasons or a hearing before the board in such cases.