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

• C-Y Dev. Co. v. City OF Redlands
  703 F.2d 375· 9th Cir.· 1983-03-08 ·cited 54×
  The court held that the district court did not abuse its discretion in abstaining from exercising jurisdiction under the Pullman doctrine, as the case presented complex state law issues in a sensitive area of social policy that could potentially resolve or alter the federal const
• Ellis v. Hamilton
  669 F.2d 510· 7th Cir.· 1982-02-01 ·cited 54×
  The court held that the plaintiffs' due process rights were not violated because Indiana law provided adequate remedies to correct the alleged misconduct, even if the defendants acted improperly.
• RAY v. Robinson
  640 F.2d 474· 3d Cir.· 1981-02-09 ·cited 54×
  The court held that an order denying a motion for appointment of counsel in a civil rights action is appealable under the collateral order doctrine, and that the district court erred by believing it lacked discretion to appoint counsel.
• Dean v. Gladney
  621 F.2d 1331· 5th Cir.· 1980-07-24 ·cited 54×
  The court held that municipalities and counties are not liable under Bivens for the acts of their employees under a theory of respondeat superior, and that joint and several liability was improperly imposed on Deputy Saldivar for the actions of Officer Maddox.
• Armstrong v. Bd. OF Sch. Directors OF the City OF Milwaukee
  616 F.2d 305· 7th Cir.· 1980-02-19 ·cited 54×
  The court held that the district court properly applied class action settlement principles to approve the desegregation settlement agreement, and that such settlements are permissible even after a finding of liability.
• Reeves v. City OF Jackson
  608 F.2d 644· 5th Cir.· 1979-12-21 ·cited 54×
  A jury question was presented as to whether certain officers and jailers falsely arrested, imprisoned, or denied medical care to the plaintiff, but not as to others or the City.
• Boothe v. Hammock
  605 F.2d 661· 2d Cir.· 1979-09-14 ·cited 54×
  The court held that New York's parole statutes do not create a protectible expectation of parole under the Due Process Clause, as interpreted by Greenholtz v. Inmates of the Nebraska Penal & Correctional Complex.
• Fielder v. August H. Bosshard
  590 F.2d 105· 5th Cir.· 1979-02-21 ·cited 54×·via 42 U.S.C. § 1983 Action
  The court held that the jury instructions adequately covered the qualified immunity defense, and that sufficient evidence supported the jury's finding of cruel and unusual punishment and the awarded damages.
• Lindsey v. Dayton-Hudson Corp.
  592 F.2d 1118· 10th Cir.· 1979-02-05 ·cited 54×
  The court held that the plaintiff's claims for false imprisonment, assault and battery, and slander were barred by the statute of limitations because the summons was not issued within the one-year period, and the malicious prosecution claim failed for lack of evidence that the de
• Novella H. Trageser v. Libbie Rehab. Ctr., Inc.
  590 F.2d 87· 4th Cir.· 1978-12-18 ·cited 54×
  The court held that a private action under § 504 of the Rehabilitation Act for employment discrimination is barred unless providing employment is a primary objective of the federal financial assistance, and that the nursing home's receipt of federal funds and state regulation did
• Expert Elec., Inc. v. Levine
  554 F.2d 1227· 2d Cir.· 1977-05-12 ·cited 54×
• Inmates OF the Suffolk Cnty. Jail v. Eisenstadt
  494 F.2d 1196· 1st Cir.· 1974-04-08 ·cited 54×
  The court held that the district court had the power to order the Commissioner of Correction to transfer inmates to alleviate unconstitutional jail conditions, despite the county's primary responsibility for jail administration.
• Almond v. Kent
  459 F.2d 200· 4th Cir.· 1972-04-10 ·cited 54×
  A prisoner's capacity to sue under 42 U.S.C. § 1983 is governed by federal law, not restrictive state statutes requiring a committee, and the applicable statute of limitations is the state's general personal injury period.
• Place v. Mrs. Mary C. Shepherd
  446 F.2d 1239· 6th Cir.· 1971-08-17 ·cited 54×
  The court held that the plaintiff's amended complaint failed to state a cause of action under the Civil Rights Act or the Sherman and Clayton Acts due to conclusional allegations and lack of factual support.
• Roth v. The Bd. OF Regents OF State Colleges & Roger E. Guiles
  446 F.2d 806· 7th Cir.· 1971-07-01 ·cited 54×
  The court held that a probationary instructor whose contract is not renewed is entitled to a statement of reasons and a hearing as a matter of procedural due process.
• Williams v. Eaton
  443 F.2d 422· 10th Cir.· 1971-05-14 ·cited 54×
  The court held that dismissal for failure to state a claim or summary judgment was improper as material issues of fact remained regarding First Amendment rights and the propriety of the dismissal. However, claims for money damages against state officers in their official capaciti
• Ivory Wright v. Sheppard
  919 F.2d 665· 11th Cir.· 1990-12-18 ·cited 53×
  The court held that while punitive damages may be appropriate, appellate courts cannot mandate their award, as this is a discretionary decision for the fact finder. The majority's imposition of punitive damages constituted an abuse of discretion.
• Owens v. Fulton Cnty.
  877 F.2d 947· 11th Cir.· 1989-07-20 ·cited 53×
  A county cannot be held liable under 42 U.S.C. § 1983 for a district attorney's prosecutorial decisions, as the district attorney acts as a state official, not a county policymaker, under Georgia law.
• Bancroft Dudley Hall v. Ochs
  817 F.2d 920· 5th Cir.· 1987-05-05 ·cited 53×
  The court held that the trial court properly directed a verdict for the plaintiff on the false imprisonment claim, denied qualified immunity for the imprisonment, and affirmed most damages awards, but reversed the attorneys' fees multiplier.
• Little v. City OF N. Miami
  805 F.2d 962· 11th Cir.· 1986-12-09 ·cited 53×
  The court held that a public censure resolution by a city council, if retaliatory, can violate First Amendment rights and procedural due process, but not the Sixth Amendment or the prohibition against bills of attainder if it lacks the force of law.
• McCALL-BEY v. Franzen
  777 F.2d 1178· 7th Cir.· 1985-09-20 ·cited 53×
  Federal courts do not have inherent jurisdiction to enforce settlement agreements of dismissed cases; an independent basis for federal jurisdiction is required.
• N.H. Newman v. Graddick
  740 F.2d 1513· 11th Cir.· 1984-09-10 ·cited 53×
  The court held that a consent decree is a judicial act subject to modification and that total compliance is not a prerequisite for considering modification. It also affirmed the validity of the consent decree and attorney fee awards while reversing contempt findings based on proc
• Johnson v. Brelje
  701 F.2d 1201· 7th Cir.· 1983-02-18 ·cited 53×
  The dissenting judge believes the Illinois Criminal Code and Mental Health Code provide sufficient due process for individuals found unfit to stand trial, making additional federal due process requirements unnecessary.
• KEY v. Bud Rutherford
  645 F.2d 880· 10th Cir.· 1981-04-10 ·cited 53×
  The court held that intervening Supreme Court decisions require a new trial for the City of Stroud and officials in their official capacities due to changes in municipal immunity law, but affirmed the judgment for individual defendants in their personal capacities based on suffic
• Sellars v. Procunier
  641 F.2d 1295· 9th Cir.· 1981-04-09 ·cited 53×
• Jackson v. Stinchcomb
  635 F.2d 462· 5th Cir.· 1981-01-27 ·cited 53×
  The court held that the district court abused its discretion in granting a preliminary injunction for reinstatement because the plaintiff's federal claims were unlikely to succeed on the merits and the state law claim could not support federal jurisdiction.
• Gillespie v. Civiletti
  629 F.2d 637· 9th Cir.· 1980-10-06 ·cited 53×
  The court held that the district court erred in dismissing the § 1985(3) and Bivens-type claims against the Marshals and in dismissing the claims against John Doe defendants without allowing discovery, but affirmed the dismissal of claims against the Attorney General and the init
• Flor Lopez v. Vanderwater
  620 F.2d 1229· 7th Cir.· 1980-04-29 ·cited 53×
  A judge is not immune from liability under 42 U.S.C. § 1983 for non-judicial acts performed under color of state law that violate constitutional rights, even if the acts are otherwise judicial in nature. A non-judge may be liable for conspiracy if they knowingly participate in a
• Gordon v. Leeke
  574 F.2d 1147· 4th Cir.· 1978-03-06 ·cited 53×
  The court held that a district court is not required to act as an advocate for a pro se litigant, but should liberally construe pleadings and may advise the litigant.
• Sprague v. Fitzpatrick
  546 F.2d 560· 3d Cir.· 1976-12-06 ·cited 53×
• Teterud v. Burns
  522 F.2d 357· 8th Cir.· 1975-09-04 ·cited 53×
  A prison regulation prohibiting inmates from wearing long braided hair is unconstitutional under the First Amendment's Free Exercise Clause if it is not narrowly tailored to serve compelling governmental interests.
• James Oliver McALESTER et ux. v. Brown
  469 F.2d 1280· 5th Cir.· 1972-12-05 ·cited 53×
  A judge acting within his judicial jurisdiction is immune from suit under 42 U.S.C. § 1983, even if accused of malice or corruption.
• Guedry v. Honorable Leon Ford, III
  431 F.2d 660· 5th Cir.· 1970-09-09 ·cited 53×
  Judges and prosecuting attorneys are immune from civil liability under 42 U.S.C. § 1983 for actions taken within their official capacities, and a private citizen cannot be held liable for conspiring with immune officials.
• Manor Healthcare Corp. v. Lomelo
  929 F.2d 633· 11th Cir.· 1991-04-25 ·cited 52×
  A municipality is not liable under § 1983 for a mayor's criminal acts unless those acts were officially sanctioned or made pursuant to a municipal policy by an official with final policy-making authority. A prevailing party may recover costs even if paid by a non-party insurer.
• Hutton v. Hutton
  919 F.2d 1531· 11th Cir.· 1990-12-27 ·cited 52×
  Sheriff Strickland is entitled to qualified immunity because the arresting officers had probable cause to arrest the Huttons for trespass under clearly established law. However, he was properly denied absolute immunity.
• Clark v. Evans
  840 F.2d 876· 11th Cir.· 1988-03-25 ·cited 52×
  The court held that prison officials were entitled to qualified immunity because their actions did not violate clearly established law, and affirmed summary judgment for other guards and the commissioner.
• Henry v. Farmer City State Bank
  808 F.2d 1228· 7th Cir.· 1986-12-29 ·cited 52×
  The court held that the RICO claims were barred by res judicata because the plaintiffs failed to raise their fraud claims as defenses in the prior state court foreclosure proceedings. However, the court reversed the district court's injunction against state court proceedings, fin
• Augusta Clark v. Tarrant Cnty.
  798 F.2d 736· 5th Cir.· 1986-08-27 ·cited 52×
  The court held that the district court erred in dismissing the Title VII claims against Adult Probation for lack of subject matter jurisdiction, but correctly affirmed summary judgment for Tarrant County.
• John v. State OF La. (Board OF Trs. FOR State Colleges & Univs.
  757 F.2d 698· 5th Cir.· 1985-04-15 ·cited 52×
  A local rule cannot authorize summary judgment on a record that does not support it under Rule 56, and a violation of a local rule requiring a response does not justify summary judgment if the moving party has not met its initial burden.
• Cinevision Corp. v. City OF Burbank
  745 F.2d 560· 9th Cir.· 1984-10-18 ·cited 52×
  The court held that live musical expression is protected by the First Amendment and that the Starlight Bowl is a public forum, thus the City's content-based rejection of concerts violated Cinevision's rights.
• Jurgensen v. Fairfax Cnty.
  745 F.2d 868· 4th Cir.· 1984-10-04 ·cited 52×
  The court held that the employee's speech, primarily concerning internal grievances and not a matter of public concern, was not constitutionally protected under the First Amendment, and therefore his demotion did not violate his free speech rights.
• Hermes v. Hein
  742 F.2d 350· 7th Cir.· 1984-08-17 ·cited 52×
  The court affirmed the grant of summary judgment for the defendants on the plaintiffs' First Amendment and due process claims, but remanded the case for further consideration of the award of attorneys' fees.
• Asbill v. Hous. Auth. OF the Choctaw Nation OF Okla.
  726 F.2d 1499· 10th Cir.· 1984-02-02 ·cited 52×
  The court held that the trial court erred in submitting the due process claims to the jury, as the plaintiff failed to establish a property interest in continued employment or a liberty interest in her reputation, and the erroneous submission was not harmless error given the gene
• Berry v. The Bd. OF Supervisors OF L.S.U.
  715 F.2d 971· 5th Cir.· 1983-09-26 ·cited 52×
  The court held that a claim of "work load discrimination" alone is not actionable under the Equal Pay Act, but remanded the Equal Pay Act claim to consider if unequal pay for equal work was alleged. The court also remanded the Title VII claim to determine if a continuing violatio
• Cloutier v. The Town OF Epping
  714 F.2d 1184· 1st Cir.· 1983-08-05 ·cited 52×
  The court affirmed the dismissal of the federal claims, finding that while jurisdiction might not have been entirely lacking, the claims either failed to state a federal question or were barred by immunity, and that summary judgment was appropriate on the merits.
• Howerton v. Jess Gabica and Marjorie Gabica
  708 F.2d 380· 9th Cir.· 1983-05-10 ·cited 52×
  The court held that the landlords' actions, facilitated by repeated and active police involvement in the eviction process, constituted action taken under color of state law for purposes of a section 1983 claim.
• Grand Faloon Tavern, Inc. v. Wicker
  670 F.2d 943· 11th Cir.· 1982-03-15 ·cited 52×
  A municipal ordinance prohibiting nude and semi-nude entertainment in establishments selling alcohol is a valid exercise of police power and does not facially violate the First Amendment.
• Wheeler v. City OF Pleasant Grove
  664 F.2d 99· 5th Cir.· 1981-12-18 ·cited 52×
  The court held that the city's new ordinance was an unconstitutional taking and that municipalities do not have qualified immunity in § 1983 actions.
• Wise v. Bravo
  666 F.2d 1328· 10th Cir.· 1981-12-14 ·cited 52×
  The court held that while state law primarily governs family relations, the Constitution protects fundamental rights within family life, and state interference with these rights may be actionable under Section 1983 if egregious and lacking due process.
• Franklin v. State OF Or.
  662 F.2d 1337· 9th Cir.· 1981-12-07 ·cited 52×·via 42 U.S.C. § 1983 Action
  A district court may dismiss an action sua sponte before issuing summonses only if it clearly lacks subject matter jurisdiction. Otherwise, proper procedural steps, including summons issuance, must be followed.