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

• Mokone v. Fenton
  710 F.2d 998· 3d Cir.· 1983-06-30 ·cited 2×
  A challenge to an out-of-state conviction under the Interstate Agreement on Detainers must be brought as a habeas corpus petition, and remedies must be exhausted in the courts of the state that issued the conviction.
• State OF NEW York Dist. Attorney Investigators Police Benevolent Ass'n, Inc. v. Richards
  711 F.2d 8· 2d Cir.· 1983-06-28 ·cited 2×
  The district court erred in dismissing the complaint for lack of subject matter jurisdiction, as the claims presented were not "patently without merit."
• Sutton v. Bloom
  710 F.2d 1188· 6th Cir.· 1983-06-27 ·cited 2×
  The court held that the Suttons' housing discrimination claim under 42 U.S.C. §§ 1981 and 1982 was barred by the 180-day statute of limitations found in the Ohio Fair Housing Act, as it was the most analogous state statute.
• Lukovsky v. Commissioner OF Revenue
  710 F.2d 453· 8th Cir.· 1983-06-24 ·cited 2×
  The court held that the plaintiffs failed to show a constitutional violation of their Fifth Amendment privilege against self-incrimination, and the action may be barred by the Eleventh Amendment.
• Standridge Flying Serv. & Wayne Standridge v. Dep't OF Transp.
  712 F.2d 1223· 8th Cir.· 1983-06-23 ·cited 2×
  The court granted the appellee's petition for costs and attorney's fees incurred in defending against a frivolous appeal.
• Payne v. Scottie Burns
  707 F.2d 1302· 11th Cir.· 1983-06-23 ·cited 2×
  The court held that the defendants did not violate the prisoner's federal rights by failing to bring him before a judge to set a time for a habeas corpus petition when the prisoner, with counsel, elected not to pursue such a petition.
• Ranschburg v. Barrett Toan
  709 F.2d 1207· 8th Cir.· 1983-06-08 ·cited 2×
  The court held that the Missouri Utilicare statute's classification, excluding disabled persons receiving Medical Assistance from benefits while including those receiving other specific public assistance, violated the Equal Protection Clause of the Fourteenth Amendment.
• Dover v. Rose
  709 F.2d 436· 6th Cir.· 1983-06-06 ·cited 2×
  A plaintiff is not a prevailing party under 42 U.S.C. § 1988 if they are entitled to no relief on the merits of their claim, even if the lawsuit vindicated a constitutional right.
• Charry v. Hall
  709 F.2d 139· 2d Cir.· 1983-05-19 ·cited 2×
• Deal v. Newport Datsun Ltd.
  706 F.2d 141· 4th Cir.· 1983-05-11 ·cited 2×
  The court held that the commencement of an ejectment proceeding, without interference with possession pending trial, does not violate federal constitutional rights actionable under 42 U.S.C.A. § 1983.
• Oran L. Turner v. Evans
  704 F.2d 1212· 11th Cir.· 1983-05-09 ·cited 2×
  The court is certifying a question of Georgia law to the Supreme Court of Georgia because there is no clear precedent on whether the statute of limitations for personal injury actions is tolled for incarcerated individuals.
• West v. Infante
  707 F.2d 58· 2d Cir.· 1983-05-09 ·cited 2×
  The court held that the pro se complaint stated a colorable constitutional claim sufficient to withstand a motion to dismiss.
• Augustus G. Lartius v. Iowa Dep't OF Transp.
  705 F.2d 1018· 8th Cir.· 1983-05-02 ·cited 2×
  The court held that the evidence supported the jury's determination of no unlawful discrimination and that the trial court's jury instructions were legally correct.
• Dykes v. Weinberg
  564 F. Supp. 536· M.D. Fla.· 1983-04-15 ·cited 2×
  The court held that the defendants were entitled to summary judgment because the plaintiff failed to establish state action for her Section 1983 claim and the defendant Weinberg was entitled to qualified immunity.
• Heath v. City of Hialeah
  560 F. Supp. 840· S.D. Fla.· 1983-04-07 ·cited 2×
  The court held that the federal common law of survivorship, not the Florida statute, must apply to § 1983 actions where the deprivation of federal rights causes death.
• Coleman v. Franklin Parish Sch. Bd.
  702 F.2d 74· 5th Cir.· 1983-04-04 ·cited 2×
  The court held that while claims for denial of due process regarding corporal punishment were properly dismissed, the claim for denial of equal protection based on racial discrimination was improperly dismissed.
• Mims v. Shapp
  702 F.2d 453· 3d Cir.· 1983-03-21 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the case should be remanded for reconsideration in light of a Supreme Court decision regarding due process for inmates in administrative confinement.
• Hampton v. Mouser
  701 F.2d 766· 8th Cir.· 1983-03-16 ·cited 2×
  The court affirmed the dismissal of the section 1983 complaint.
• Heflin v. Ky. State Racing Comm'n
  701 F.2d 599· 6th Cir.· 1983-03-11 ·cited 2×
  The court held that plaintiffs failed to state a claim under 42 U.S.C. § 1983 because they did not possess a property interest in stall space cognizable under the Fourteenth Amendment, nor was Churchill Downs' action considered state action.
• Logan v. Hollier
  699 F.2d 758· 5th Cir.· 1983-03-07 ·cited 2×
  The Louisiana Municipal Risk Management Agency (LMRMA) is not an insurer under Louisiana law and cannot be sued directly by a claimant, nor is a claimant a third-party beneficiary of the LMRMA's contract with a municipality.
• Putman v. Sheriff Elmer Gerloff & Deputy Sheriff Jim Crowe
  701 F.2d 63· 8th Cir.· 1983-03-01 ·cited 2×
  The court held that the district court did not err in declining to give a specific jury instruction on civil conspiracy, nor was a directed verdict or new trial warranted.
• Barksdale v. Franzen
  700 F.2d 1138· 7th Cir.· 1983-02-24 ·cited 2×
  An inmate is not entitled to receive good time credit under both the statutory/compensatory system and the day-for-day system simultaneously; they are distinct methods and the inmate is entitled to the more beneficial one.
• Mac Durham v. Jones
  698 F.2d 1179· 11th Cir.· 1983-02-22 ·cited 2×
  The court held that the plaintiff failed to establish a protected property interest in being placed on the sheriff's wrecker list, and thus, his due process claim failed.
• Higbee v. Starr
  698 F.2d 945· 8th Cir.· 1983-02-02 ·cited 2×
  The court held that while the plaintiff may suffer irreparable harm and the public interest favors her, the likelihood of success on the merits of her retaliatory eviction claim is too doubtful to grant a preliminary injunction.
• Johnson v. King
  696 F.2d 370· 5th Cir.· 1983-01-24 ·cited 2×
  The court held that the district court erred in granting summary judgment based on failure to exhaust administrative remedies, as the Supreme Court's decision in Patsy v. Florida Board of Regents altered the exhaustion requirements for § 1983 actions.
• Sydney v. Pingree
  564 F. Supp. 412· S.D. Fla.· 1983-01-17 ·cited 2×
  The court held that Florida Statute § 382.16(5)(a), requiring a child born in wedlock to be given the father's surname, is unconstitutional as it infringes upon the parents' constitutionally protected right to choose their child's name without a reasonable state justification.
• Smith v. Kent State Univ.
  696 F.2d 476· 6th Cir.· 1983-01-10 ·cited 2×
  The court held that the professor's termination was justified due to his refusal to accept a reasonable academic assignment and that his union activities did not constitute protected speech motivating the termination.
• Rhoades v. The Honorable Craig Penfold
  694 F.2d 1043· 5th Cir.· 1983-01-06 ·cited 2×
  The court held that the federal district court had jurisdiction, did not err in refusing to abstain or apply res judicata, but did err in granting summary judgment and certifying a class action.
• Arkhola Sand & Gravel Co. v. City OF Booneville
  694 F.2d 528· 8th Cir.· 1982-12-07 ·cited 2×
  The court held that a materialman does not have a constitutionally protected property interest in a surety bond that a municipality failed to require, thus failing to state a claim under 42 U.S.C. § 1983.
• Pool v. White
  694 F.2d 161· 8th Cir.· 1982-12-02 ·cited 2×
  The court held that the appellant's action was premature because his post-conviction motion had not yet been finally adjudicated.
• Price v. Baker
  693 F.2d 952· 10th Cir.· 1982-12-01 ·cited 2×
  The court held that the sheriff competently discharged his duties and that his wife was not acting under color of state law when she struck the plaintiff.
• COE v. Mich. Dep't OF Educ.
  693 F.2d 616· 6th Cir.· 1982-11-29 ·cited 2×
  The court held that plaintiffs could not litigate simultaneously in state and federal courts under the EHCA and that their claims were barred by res judicata.
• Owen v. Kimmel
  693 F.2d 711· 7th Cir.· 1982-11-26 ·cited 2×
  The court held that the district court erred by relying on prior case law without considering the impact of Patsy v. Board of Regents and 42 U.S.C. § 1997e regarding exhaustion of administrative remedies in Section 1983 actions.
• Brown v. United States
  692 F.2d 61· 8th Cir.· 1982-11-04 ·cited 2×
  The court summarily affirmed the district court's dismissal of most claims, but vacated and remanded one claim for reconsideration.
• ZAK v. Pilla
  698 F.2d 800· 6th Cir.· 1982-11-02 ·cited 2×
  The court held that federal courts should decline jurisdiction in adoption matters, as these are traditionally within the purview of state courts.
• Billingsley v. Judge Harold A. Kyser
  691 F.2d 388· 8th Cir.· 1982-10-20 ·cited 2×
  Judicial and prosecutorial immunity bars claims against a judge and prosecutor for amending a sentence, even if done without proper jurisdiction.
• Dyson v. Kocik
  689 F.2d 466· 3d Cir.· 1982-10-05 ·cited 2×
  The court held that the prison disciplinary committee's vague written statement of findings violated an inmate's due process rights. The court vacated the grant of summary judgment on these claims.
• Kincaid v. Duckworth
  689 F.2d 702· 7th Cir.· 1982-09-24 ·cited 2×
  The court held that Indiana Department of Correction Regulation IV(C)(1) does not violate equal protection or due process rights by requiring inmates serving life sentences to serve six years before eligibility for minimum security consideration, as states have broad discretion i
• Ellison v. DE LA Rosa
  685 F.2d 959· 5th Cir.· 1982-09-13 ·cited 2×
  The court held that a section 1983 action against appointed counsel for ineffective assistance of counsel fails because such counsel does not act under color of state law.
• Blodgett v. Cnty. OF Santa Cruz
  698 F.2d 368· 9th Cir.· 1982-08-25 ·cited 2×
  The court held that summary judgment for the county was appropriate as no material issue of fact existed regarding the property owners' claims of due process and equal protection violations.
• Sumpter v. Harper
  683 F.2d 106· 4th Cir.· 1982-07-21 ·cited 2×
  A state medical license alone does not establish state action for purposes of Section 1983 or the Fourteenth Amendment, and Title VI does not provide a right of action for damages for medical malpractice.
• Jaworski v. Schmidt
  684 F.2d 498· 7th Cir.· 1982-07-19 ·cited 2×
  A state official enjoying qualified immunity may assert the good faith defense even if a state statute indemnifies him for damages liability, as federal law governs the immunity defense in § 1983 actions.
• Maxey v. Thompson
  680 F.2d 524· 7th Cir.· 1982-06-16 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff should be allowed to amend his Title VII and ADEA claims to substitute the correct agency, but not his § 1981 and § 1983 claims.
• Lucien v. Roegner
  682 F.2d 625· 7th Cir.· 1982-06-15 ·cited 2×
  The court held that a frivolous claim cannot be bolstered by subjective good faith to entitle a party to pauper status on appeal.
• Ramirez v. The City OF Omaha
  678 F.2d 751· 8th Cir.· 1982-05-20 ·cited 2×
  The court held that the plaintiffs failed to establish a prima facie case of disparate impact based on the use of admissions from polygraph examinations in the firefighter hiring process.
• Becnel v. City Stores Co. (Maison Blanche Limited)
  675 F.2d 731· 5th Cir.· 1982-05-14 ·cited 2×
  The court held that the plaintiff failed to state a claim under 42 U.S.C. §§ 1983 and 1985(3) because the defendants' differential alteration charges did not constitute state action and did not violate the Louisiana Constitution's prohibition against discrimination in access to p
• Am. Re-Insurance Co. v. Janklow
  676 F.2d 1177· 8th Cir.· 1982-04-23 ·cited 2×
  The Eleventh Amendment does not bar injunctive and declaratory relief against state officials for future conduct, even if it has an ancillary effect on the state treasury, and the CDP Fund's status requires further consideration.
• Swann v. Gastonia Hous. Auth.
  675 F.2d 1342· 4th Cir.· 1982-04-08 ·cited 2×
  The court held that neither 42 U.S.C. § 1437f nor the Fourteenth Amendment require a showing of good cause prior to termination of a lease in the § 8 Existing Housing Program.
• Ivey v. Bd. OF Regents OF the Univ. OF Alaska
  673 F.2d 260· 9th Cir.· 1982-03-29 ·cited 2×
  The court held that the denial of appointed counsel and dismissal of defendants were not erroneous.
• Stephen Kenneth MacKey # 040811 v. Gonzalez
  662 F.2d 712· 11th Cir.· 1981-11-23 ·cited 2×
  The court vacated the district court's dismissal order and remanded for clarification regarding the exhaustion of state remedies.