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

• The Se. Legal Def. Grp. v. Brock Adams
  657 F.2d 1118· 9th Cir.· 1981-10-01 ·cited 52×
  The court held that the 1969 edition of PPM 20-8 was correctly applied, that the common fund doctrine was inapplicable, and that attorney fees were properly awarded under 42 U.S.C. § 1988 for statutory claims, with a reasonable allocation against state defendants.
• Beitzell v. Jeffrey
  643 F.2d 870· 1st Cir.· 1981-03-06 ·cited 52×·via 42 U.S.C. § 1983 Civil Rights Action
  A probationary university employee does not have a constitutionally protected property interest in obtaining tenure, nor is a liberty interest created by reputational harm unless it is severe and linked to a tangible change in status or employment.
• Rankin v. Howard
  633 F.2d 844· 9th Cir.· 1980-12-05 ·cited 52×
  A judge loses judicial immunity when acting in the clear and complete absence of personal jurisdiction or when engaging in a private agreement to predetermine a case's outcome. Private parties conspiring with a judge do not enjoy derivative immunity.
• Citizens Concerned FOR Separation OF Church & State v. The City & Cnty. OF Denver
  628 F.2d 1289· 10th Cir.· 1980-09-04 ·cited 52×
  The court held that the appeal must be dismissed because the plaintiff association failed to establish on the record that any constitutionally protected interest of itself or its members was abridged by the challenged display, thus lacking standing.
• Lieberman v. Gant
  630 F.2d 60· 2d Cir.· 1980-07-17 ·cited 52×
  The court held that the trial court did not err in excluding comparative and statistical evidence and that the denial of tenure was based on legitimate, non-discriminatory reasons.
• Flores v. Pierce
  617 F.2d 1386· 9th Cir.· 1980-05-07 ·cited 52×
  Officials who discriminate invidiously are not entitled to good faith immunity in an action under 42 U.S.C. § 1983, and sufficient evidence supported the jury's finding of discriminatory intent and damages.
• White v. Lackland Bloom
  621 F.2d 276· 8th Cir.· 1980-04-30 ·cited 52×
  The court held that complaints alleging § 1983 conspiracies between private parties and immune public officials must meet a special, more specific pleading standard than generally required under the Federal Rules of Civil Procedure.
• Davis v. Zahradnick
  600 F.2d 458· 4th Cir.· 1979-06-29 ·cited 52×
  The court held that summary judgment was improperly granted because genuine issues of material fact existed and the pro se plaintiff did not receive proper notice of the conversion of a motion to dismiss into a motion for summary judgment.
• Boyce v. Dr. Alizaduh
  595 F.2d 948· 4th Cir.· 1979-04-02 ·cited 52×·via 42 U.S.C. § 1983 Action
  A pro se prisoner's complaint alleging a physician ignored warnings of an allergic reaction and persisted in prescribing the offending medication, causing aggravation, is not frivolous and warrants further proceedings against the physician.
• Gagliardi v. Flint
  564 F.2d 112· 3d Cir.· 1977-08-10 ·cited 52×
  The court held that the district court had federal question jurisdiction to hear pendent state law claims and that no reversible trial errors occurred.
• Weathers v. W. Yuma Cnty. Sch. Dist. R-J-1
  530 F.2d 1335· 10th Cir.· 1976-02-25 ·cited 52×
  A nontenured teacher's nonrenewal is not a deprivation of liberty or property interests protected by the Fourteenth Amendment unless the reasons for nonrenewal impose a stigma that forecloses future employment opportunities.
• Fisher v. Volz
  496 F.2d 333· 3d Cir.· 1974-04-15 ·cited 52×
  The court held that the trial court should not be reversed for failing to follow a newly enunciated rule that was not applicable at the time of trial and was not plain error.
• Dewell v. Lawson
  489 F.2d 877· 10th Cir.· 1974-01-07 ·cited 52×
  The court, in part, affirmed the dismissal of the action against the City of Oklahoma City and the Chief of Police, finding the complaint did not state a civil rights cause of action under 42 U.S.C. § 1983.
• Cooper v. Lockhart
  489 F.2d 308· 8th Cir.· 1973-12-27 ·cited 52×
  A custodial state must discontinue the punitive effects of a detainer if the requesting state does not promptly provide a parole revocation hearing.
• NEY v. State OF Cal.
  439 F.2d 1285· 9th Cir.· 1971-03-25 ·cited 52×
• Angelynn York v. Story
  324 F.2d 450· 9th Cir.· 1963-10-28 ·cited 52×
  The court held that a complaint alleging police officers took and distributed nude photographs of a citizen over her objection, acting under color of authority, states a claim for deprivation of privacy under the Fourteenth Amendment's Due Process Clause, thus establishing federa
• Horton E. Ryan v. Scoggin
  245 F.2d 54· 10th Cir.· 1957-05-06 ·cited 52×
  A judge is not liable in damages for an order entered within the court's jurisdiction, even if erroneous, and the Civil Rights Act does not abrogate this judicial immunity.
• Christmas v. Harris Cnty.
  51 F.4th 1348· 11th Cir.· 2022-10-28 ·cited 51×
  The Eleventh Circuit affirmed the district court's grant of summary judgment, holding that the Sheriff was entitled to qualified immunity because the plaintiff failed to show he violated a clearly established constitutional right or that his actions caused the subordinate's misco
• Bendiburg v. Dempsey
  909 F.2d 463· 11th Cir.· 1990-08-20 ·cited 51×
  The court held that summary judgment for private defendants on § 1983 due process claims was improper, reversing that decision, but affirmed summary judgment for Dr. Shadeed on those claims and affirmed the denial of summary judgment on state law battery claims.
• Correa-Martinez v. Arrillaga-Belendez
  903 F.2d 49· 1st Cir.· 1990-04-30 ·cited 51×
  A public employee's association with a politically disfavored individual, without more, does not implicate the First Amendment unless the employee's own political beliefs or advocacy are involved.
• Stoneking v. Bradford Area Sch. Dist.
  882 F.2d 720· 3d Cir.· 1989-08-16 ·cited 51×
  The court held that reasonable school officials would not have realized they were violating a well-established duty by failing to pursue or discouraging complaints of sexual abuse, thus entitling them to qualified immunity.
• Errol Lynch v. Cannatella
  810 F.2d 1363· 5th Cir.· 1987-02-27 ·cited 51×
  Excludable aliens are entitled to due process protections against gross physical abuse while detained in the U.S., but officials may be shielded by qualified immunity if their conduct did not violate clearly established law. State agencies are not protected by individual official
• Walters v. City OF Atlanta
  803 F.2d 1135· 11th Cir.· 1986-11-10 ·cited 51×
  The court affirmed the finding of illegal discrimination and most damages, but vacated punitive damages against some officials and reduced back pay. The court also affirmed the denial of punitive damages against the City and the directed verdict on the Section 1983 claim.
• Fiacco v. City OF Rensselaer
  783 F.2d 319· 2d Cir.· 1986-02-11 ·cited 51×
  A municipality can be held liable under 42 U.S.C. § 1983 for a policy of deliberate indifference to its officers' use of excessive force, and evidence of unadjudicated third-party claims is admissible to prove such a policy.
• Littlefield v. City OF Afton
  785 F.2d 596· 8th Cir.· 1986-01-03 ·cited 51×
  The court held that appellants had a protected property interest in the building permit under Minnesota law, and thus were entitled to procedural due process. However, the court affirmed the dismissal of the procedural due process claim as appellants received adequate notice and
• Prop. Mgmt. & Invs., Inc. v. Lewis
  752 F.2d 599· 11th Cir.· 1985-02-08 ·cited 51×
  The court held that a state court receiver is immune from suit for actions within the scope of their authority and that the district court properly converted a motion to dismiss into a motion for summary judgment, affirming the dismissal and summary judgment.
• Loehr v. Ventura Cnty. Cmty. Coll. Dist.
  743 F.2d 1310· 9th Cir.· 1984-09-26 ·cited 51×
  A public employee's contract and state law provisions that merely outline procedural requirements for termination do not create a constitutionally protected property interest in continued employment. Allegations of incompetence or involvement in a non-criminal investigation do no
• McKINNEY v. George
  726 F.2d 1183· 7th Cir.· 1984-01-20 ·cited 51×
  Police officers acted reasonably under the Fourth Amendment in arresting and committing the plaintiff, and the hospital staff acted reasonably in detaining him based on psychiatric evaluation.
• Jaffee v. United States
  663 F.2d 1226· 3d Cir.· 1981-11-02 ·cited 51×
  The court held that the majority opinion irresponsibly affirms dismissal on grounds other than immunity, effectively wiping out causes of action for intentional torts and human rights violations.
• Burns v. Sullivan
  619 F.2d 99· 1st Cir.· 1980-03-31 ·cited 51×
  The court held that the plaintiff's equal protection claim was barred by the statute of limitations, applying the six-month period from the Massachusetts anti-discrimination statute as the most analogous to federal civil rights actions. The court also affirmed the dismissal of th
• Rhodes v. Robinson
  612 F.2d 766· 3d Cir.· 1979-12-28 ·cited 51×
  The court held that a prisoner's standing to assert others' rights, the First Amendment's application to prison speech restrictions, and due process requirements for prison disciplinary hearings are key issues. It affirmed summary judgment on some claims while vacating others for
• Linn v. Garcia
  531 F.2d 855· 8th Cir.· 1976-02-06 ·cited 51×
  The court held that the jury was justified in finding excessive force by one officer but erred in submitting false arrest claims to the jury due to probable cause. The court also found instructional error regarding malicious prosecution, requiring a new trial on that claim.
• People OF the State OF NEW York v. Galamison
  342 F.2d 255· 2d Cir.· 1965-01-26 ·cited 51×
  The court held that the petitioners were not entitled to a federal trial of a state charge under the current interpretation of the statute.
• Coleen R. Roberts v. Coll. OF THE Desert
  870 F.2d 1411· 9th Cir.· 1988-11-22 ·cited 50×
  The court held that Title VII does not preempt § 1983 claims for constitutional violations and that a property interest in employment can arise from mutual understandings. It also found the statute of limitations defense waived and that the district court erred in reinstating the
• White v. Frank
  855 F.2d 956· 2d Cir.· 1988-08-24 ·cited 50×
  Police officers are not absolutely immune from civil liability under § 1983 for malicious prosecution if they acted as complaining witnesses, and this factual determination prevents interlocutory appeal of the immunity defense.
• Koch v. City OF Hutchinson
  847 F.2d 1436· 10th Cir.· 1988-06-02 ·cited 50×
• Rode v. Dellarciprete
  845 F.2d 1195· 3d Cir.· 1988-04-28 ·cited 50×
  The court held that a sibling-in-law relationship is not constitutionally protected association under the First Amendment, thus affirming summary judgment on that claim.
• Anderson v. Gutschenritter
  836 F.2d 346· 7th Cir.· 1988-01-07 ·cited 50×
  The court held that a pretrial detainee's claim for failure to protect falls under the Fourteenth Amendment's Due Process Clause, not the Eighth Amendment, and that the county could be liable under section 1983 for a policymaker's decision.
• Coverdell v. The Dep't OF Soc. & Health Servs.
  834 F.2d 758· 9th Cir.· 1987-12-15 ·cited 50×
  Child protective services workers are entitled to absolute quasi-prosecutorial immunity for initiating and pursuing child dependency proceedings, and absolute quasi-judicial immunity for executing court orders in such matters. A claim for injunctive relief is moot if there is no
• Norco Constr., Inc. v. King Cnty.
  801 F.2d 1143· 9th Cir.· 1986-10-03 ·cited 50×
  The court held that Norco's federal and state claims were not barred by the statute of limitations because they did not accrue until the county made a final decision on the plat application, and that the claims were not barred by res judicata because the prior mandamus action cou
• Williams C. Hall and Jean G. Hall v. City OF Santa Barbara
  833 F.2d 1270· 9th Cir.· 1986-08-22 ·cited 50×
  The panel opinion incorrectly held that a city rent control ordinance constituted a physical taking compensable under the Fifth and Fourteenth Amendments.
• White v. Pierce Cnty. & Raymond Fjetland
  797 F.2d 812· 9th Cir.· 1986-08-20 ·cited 50×
  The defendants failed to demonstrate as a matter of law that they had probable cause to believe the child was abused or would be harmed if a warrant was obtained.
• Martin v. Sargent
  780 F.2d 1334· 8th Cir.· 1985-12-20 ·cited 50×
  The court held that a prisoner's claims for injunctive and declaratory relief regarding prison conditions are moot if the prisoner is no longer subject to those conditions, but claims for monetary damages may proceed. Claims based on respondeat superior or general allegations wit
• Coleman v. Nyal Frantz
  754 F.2d 719· 7th Cir.· 1985-01-30 ·cited 50×
  The concurring judge agrees that Sheriff Frantz was shielded by qualified immunity, but disagrees with the majority's reasoning regarding the clarity of the duty to release the prisoner.
• DAY v. Wayne Cnty. Bd. OF Auditors
  749 F.2d 1199· 6th Cir.· 1984-12-06 ·cited 50×
  Title VII provides the exclusive remedy for employment discrimination claims based solely on violations of Title VII, precluding a separate § 1983 claim for such violations.
• Phillips v. Telfair J. Mashburn
  746 F.2d 782· 11th Cir.· 1984-11-15 ·cited 50×
  A district court may properly dismiss an in forma pauperis pro se complaint alleging a conspiracy between a state judge and private defendants if the complaint lacks specific supporting factual averments.
• Tubbesing v. Arnold
  742 F.2d 401· 8th Cir.· 1984-08-22 ·cited 50×
  The court held that the Board members are entitled to qualified immunity on the claims for money damages because the plaintiff did not have a clearly established property interest in her employment and did not establish a deprivation of liberty.
• Leroy W. Demery, M.D. v. Kupperman
  735 F.2d 1139· 9th Cir.· 1984-06-22 ·cited 50×
  The court's holding is that the Eleventh Amendment does not bar suits against state officials in their individual capacities for federal constitutional claims.
• Hershinow v. M.F. Bonamarte, Jr.
  735 F.2d 264· 7th Cir.· 1984-05-18 ·cited 50×
  A brief suspension for unprofessional conduct does not violate a public employee's liberty interest under the Fourteenth Amendment, nor does it infringe upon the free exercise of religion under the First Amendment.
• Goodwin v. The Cir. Court OF ST. Louis Cnty.
  729 F.2d 541· 8th Cir.· 1984-03-06 ·cited 50×
  The court held that the evidence was insufficient to support the jury's verdict against Judge Corrigan for sex discrimination under 42 U.S.C. § 1983.