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

• Burks v. Perk
  470 F.2d 163· 6th Cir.· 1972-11-17 ·cited 4×
  The court held that the District Court erred in enjoining the Mayor from conducting a hearing on charges against Civil Service Commissioners, as state law provided adequate remedies.
• Callahan v. Wallace
  466 F.2d 59· 5th Cir.· 1972-09-11 ·cited 4×
  The court held that while the district court did not err in refusing to order a refund of fines, it did err in declining to award attorney fees.
• Mothers' & Child's. Rights Org. v. Sterrett
  467 F.2d 797· 7th Cir.· 1972-08-21 ·cited 4×
  The court held that while Goldberg v. Kelly's evidentiary hearing requirement may not apply to purely legal or policy issues, recipients must still be afforded an adequate opportunity for argument before benefits are terminated or reduced.
• Mrs. Jeanne Rosen v. Hursh
  464 F.2d 731· 8th Cir.· 1972-07-26 ·cited 4×
  State regulations creating a presumption of stepfather income availability for AFDC benefits and terminating benefits due to a stepfather's refusal to disclose income are invalid.
• Simmons v. Wainwright
  462 F.2d 1340· 5th Cir.· 1972-07-03 ·cited 4×
  The court held that the district court erred by dismissing the prisoner's Civil Rights complaint without making findings of fact and conclusions of law on all claims.
• Marnin v. Pinto
  463 F.2d 583· 3d Cir.· 1972-06-28 ·cited 4×
  The court held that the plaintiff's complaint and hearing allegations were insufficient under 42 U.S.C. §§ 1983 and 1985.
• Steward v. Meeker
  459 F.2d 669· 3d Cir.· 1972-05-02 ·cited 4×
  Summary judgment was properly granted because the plaintiff's allegations did not meet the jurisdictional requirements of 42 U.S.C. §§ 1983 or 1985.
• Austin v. Maxwell
  456 F.2d 1237· 5th Cir.· 1972-03-20 ·cited 4×
  The court held that the district court's findings of fact regarding the motivation for the teacher's discharge were not clearly erroneous and that the hearing provided was fundamentally fair.
• West v. Cunningham
  456 F.2d 1264· 4th Cir.· 1972-02-23 ·cited 4×
  A case is not moot if there is a possibility of adverse collateral legal consequences, even if the prisoner has been released from the specific confinement.
• Kauffman v. Johnston
  454 F.2d 264· 3d Cir.· 1972-01-07 ·cited 4×
  The court held that the plaintiff stated a cause of action cognizable under the Civil Rights Act and that the case was not moot.
• The People of the United States James J. Carr v. Sharp
  454 F.2d 271· 3d Cir.· 1971-12-28 ·cited 4×
  The court held that the petitioner's claims lacked factual support and were properly dismissed by the District Court.
• United States ex rel. Alex Birnbaum v. Dolan
  452 F.2d 1078· 3d Cir.· 1971-12-21 ·cited 4×
  The court held that a civil rights complaint seeking damages for an allegedly improper lineup, which was not used against the plaintiff, was properly dismissed.
• Tims v. The Bd. OF Educ. OF McNEIL
  452 F.2d 551· 8th Cir.· 1971-12-17 ·cited 4×
  The court held that the appellant failed to meet his burden of proving racial discrimination in the school board's decision not to rehire him.
• Chesley A. Steele v. Haley
  451 F.2d 1105· 1st Cir.· 1971-12-01 ·cited 4×
  The court held that abstention is appropriate in this case, and the district court should retain jurisdiction.
• Shasta Hatter v. LOS Angeles City High Sch. Dist.
  452 F.2d 673· 9th Cir.· 1971-11-22 ·cited 4×
  The court held that the district court erred in dismissing the complaint and denying a preliminary injunction, as the students' claims regarding free speech and due process were not moot and stated a valid cause of action.
• Rhodes v. Sigler
  448 F.2d 1237· 8th Cir.· 1971-09-30 ·cited 4×
  The court held that a prisoner's claim over a small debt owed to the prison is not a violation of a federally protected right and thus not actionable under 42 U.S.C. § 1983.
• Valdez v. Black
  446 F.2d 1071· 10th Cir.· 1971-07-08 ·cited 4×
  The court held that the jury instructions regarding the National Guard's standard of conduct, the district attorney's immunity, and the submission of probable cause issues to the jury were proper, and that the dismissal of claims related to the Coyote meeting was also correct.
• Tyree v. Fitzpatrick
  445 F.2d 627· 1st Cir.· 1971-06-29 ·cited 4×
  The court held that the prisoner failed to demonstrate irreparable harm necessary for interlocutory injunctive relief regarding prison conditions and mail censorship.
• VAN Camp v. Gray
  440 F.2d 777· 10th Cir.· 1971-04-16 ·cited 4×
  The court held that an arrest without a warrant is lawful if the arresting officer has probable cause to believe a crime has been committed and the person arrested committed it, even if the person is later acquitted.
• Madry v. Sorel
  440 F.2d 1329· 5th Cir.· 1971-03-26 ·cited 4×
  The court held that the order denying summary judgment was not a final judgment and therefore not appealable, nor was it an appealable denial of a preliminary injunction.
• Carter v. Chief OF Police
  437 F.2d 413· 3d Cir.· 1971-01-27 ·cited 4×
  The court held that the pro se civil complaint failed to state a cause of action under the Civil Rights Act against the named defendants and that the denial of a statutory 3-judge court was proper.
• Metcalf v. Illinois Governor
  436 F.2d 361· 7th Cir.· 1970-12-28 ·cited 4×
  The court held that the district court did not err in denying the request for a three-judge court because the plaintiff failed to present a substantial federal constitutional question.
• Weintraub v. Hanrahan
  435 F.2d 461· 7th Cir.· 1970-12-07 ·cited 4×
  A single judge cannot grant an interlocutory injunction in a case requiring a three-judge court, even if the injunction is granted before the three-judge court is convened.
• Miller v. Anckaitis
  436 F.2d 115· 3d Cir.· 1970-12-07 ·cited 4×
  The district court erred in deciding constitutional claims that required a three-judge court, as it lacked the authority to do so.
• Smith v. Clapp
  436 F.2d 590· 3d Cir.· 1970-12-07 ·cited 4×
  A state criminal defense attorney's alleged malpractice is not cognizable under the Civil Rights Act.
• Earnest Pickings v. Imon E. Bruce
  430 F.2d 595· 8th Cir.· 1970-08-06 ·cited 4×
  College administrators violated students' First Amendment rights by sanctioning them for writing a letter to an off-campus church and by attempting to cancel a speaker invitation based on unsubstantiated fears of disruption.
• Berry v. Allen
  411 F.2d 1142· 6th Cir.· 1969-06-20 ·cited 4×
  A federal court lacks jurisdiction to order a state to grant a liquor license, even if state officials are alleged to have acted arbitrarily, as this would usurp the state's sovereign power to regulate liquor traffic.
• Broyhill v. Zeb A. Morris, Jr.
  408 F.2d 820· 4th Cir.· 1969-03-20 ·cited 4×
  The court held that a federal court should not enjoin a state prosecution absent allegations of irreparable harm, bad faith, harassment, or inadequate state remedies.
• Johns v. Redeker
  406 F.2d 878· 8th Cir.· 1969-02-14 ·cited 4×
  A single judge may dismiss a complaint for lack of federal jurisdiction if no substantial federal question is presented, even if a three-judge court was requested. Higher tuition for nonresidents is permissible.
• Wetherington v. Adams
  406 F.2d 724· 5th Cir.· 1969-01-27 ·cited 4×
  A single judge cannot decide the merits of a case requiring a three-judge court.
• Reuben G. Lenske v. Sercombe
  401 F.2d 520· 9th Cir.· 1968-09-16 ·cited 4×
  The court held that the federal statute barring injunctions against state court proceedings applies, and there were no extraordinary circumstances to justify an exception. The Board of Governors were also not proper parties.
• Pusateri v. Johnston
  398 F.2d 327· 3d Cir.· 1968-07-24 ·cited 4×
  A prison superintendent cannot be held liable under the Civil Rights Act for refusing to release an inmate without a court order, even if the inmate is later released by court order.
• Bright v. Bishop
  398 F.2d 804· 9th Cir.· 1968-07-18 ·cited 4×
  The court held that the federal remedy under the Civil Rights Act is supplementary and need not be sought after state remedies are exhausted. The district court erred in dismissing the complaint solely on the basis that state courts could provide a remedy.
• Tolefree v. Ritz
  382 F.2d 566· 9th Cir.· 1967-08-03 ·cited 4×
  The court held that the amended complaint sufficiently stated a claim against Ritz under the Civil Rights Act, but the issue of whether the action survives Ritz's death must be addressed on remand.
• In re The Petition Of Albert F. Manion To Perpetuate Testimony Of The City News Bureau Of Chicago. Albert F. Manion v. Holzman
  379 F.2d 843· 7th Cir.· 1967-06-26 ·cited 4×
  The court held that the district court lacked jurisdiction because the plaintiff failed to allege facts demonstrating individual injury redressable under 42 U.S.C.A. § 1983.
• Sanders v. Erreca
  377 F.2d 960· 9th Cir.· 1967-05-25 ·cited 4×
  The court held that the amended complaint failed to allege facts sufficient to invoke federal jurisdiction under the Civil Rights Act, as there was no deprivation of a federally secured right. The court also found no abuse of discretion in denying the motion for a new trial based
• Minchella v. The Est. of Honorable W. McKay Skillman
  356 F.2d 52· 6th Cir.· 1966-02-10 ·cited 4×
  The court held that the appeal was frivolous and dismissed the motion to proceed in forma pauperis as improvidently granted.
• Clark v. Bird
  354 F.2d 977· 1st Cir.· 1966-01-14 ·cited 4×
  A plaintiff who deliberately stages their own arrest cannot recover damages for false arrest, even if the arresting officer acted outside statutory authority.
• Bette Poole v. Barnett
  336 F.2d 267· 5th Cir.· 1964-09-18 ·cited 4×
  The court held that the trial court did not err in denying the preliminary injunction, as significant factual matters remain unresolved.
• The People of the United States ex rel. Earl Henry Turnbaugh v. Bibb
  252 F.2d 217· 7th Cir.· 1958-02-18 ·cited 4×
  The Illinois Sexual Psychopath Act does not violate the Fourteenth Amendment, and the District Court properly dismissed the petition for failure to exhaust state remedies.
• Ira B. Holmes v. Honorable A. S. Henderson
  249 F.2d 529· 9th Cir.· 1957-07-02 ·cited 4×
  A judge of a court of general jurisdiction cannot be held liable in a civil forum for acts done in the exercise of the judicial function.
• Perez v. IRS
  2016 WL 7034404· M.D. Fla.· 2026-01-05 ·cited 3×
  The court held that a complaint must be dismissed without prejudice if it is incomprehensible and fails to state a claim upon which relief can be granted.
• Henry v. Sheriff of Tuscaloosa Cnty.
  135 F.4th 1271· 11th Cir.· 2025-04-23 ·cited 3×
  Bruce Henry, a man convicted of possessing child pornography who completed his prison sentence and later fathered a son, challenged an Alabama statute that categorically prohibited sex offenders convicted of crimes involving children from residing with or conducting overnight vis
• Brown v. Girgenti
  M.D. Fla.· 2024-09-18 ·cited 3×
  The court recommended denying the motion to proceed in forma pauperis and dismissing the complaint without prejudice because the plaintiff failed to state a claim under 42 U.S.C. § 1983 and the Rooker-Feldman doctrine barred review of state court decisions.
• Barwick v. Governor of Florida
  66 F.4th 896· 11th Cir.· 2023-04-26 ·cited 3×·via 42 U.S.C. § 1983 Action
  The Eleventh Circuit held that a death-row prisoner's claim that Florida's clemency process lacked specific standards and was arbitrary did not present a substantial likelihood of success on the merits, and thus denied his motion for a stay of execution.
• Peden v. Stephens
  50 F.4th 972· 11th Cir.· 2022-08-29 ·cited 3×
  The Eleventh Circuit held that the district court abused its discretion in certifying a partial final judgment under Rule 54(b) because there was no just reason for delay, thus the court lacked jurisdiction to hear the appeal.
• Weiss v. Weiss
  100 So. 3d 1220· Fla. 2d DCA· 2012-11-14 ·cited 3×
  A Florida appellate court upheld enforcement of an Illinois contempt order domesticated in Florida, requiring a former husband to pay delinquencies on insurance policies mandated by a 1972 divorce decree. The court held that the Full Faith and Credit Clause obligates Florida cour
• Lyons v. Miami-Dade Cnty.
  791 F. Supp. 2d 1221· S.D. Fla.· 2011-06-03 ·cited 3×
  The court granted summary judgment for the County, dismissing all of the plaintiff's claims.
• Atheists of Florida v. City of Lakeland
  779 F. Supp. 2d 1330· M.D. Fla.· 2011-03-15 ·cited 3×
  The court held that the City's enactment of Resolution 10-041, passed after the lawsuit was filed and potentially as a litigation tactic, did not render the case moot because plaintiffs alleged the resolution codified an unconstitutional practice and was not followed. The court d
• City of Fort Lauderdale v. Scott
  773 F. Supp. 2d 1355· S.D. Fla.· 2011-02-28 ·cited 3×
  The court granted the motion to dismiss for failure to state a claim, finding some claims inadequately pleaded and others barred by sovereign immunity or procedural rules, but granted leave to amend.