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

• Bonacorsa v. Barry
  664 F.2d 346· 2d Cir.· 1981-11-06 ·cited 2×
  The court held that the district court did not err in dismissing the complaint, as the Board's denial of a racing license was not a lifetime ban and did not violate due process or equal protection.
• RAY v. The City OF Edmond
  662 F.2d 679· 10th Cir.· 1981-10-29 ·cited 2×
  A municipality is immune from punitive damages under 42 U.S.C. § 1983, and attorney's fees awards may need reconsideration based on revised damages.
• Herwald v. Schweiker
  658 F.2d 359· 5th Cir.· 1981-10-07 ·cited 2×
  The court affirmed the denial of a preliminary injunction, finding that while the district court's reasoning regarding subject-matter jurisdiction was flawed, there was a sufficient substantive basis to deny the injunction.
• Morrison v. FOX
  660 F.2d 87· 3d Cir.· 1981-10-02 ·cited 2×
  A plaintiff who fails to establish a municipality's liability for money damages under 42 U.S.C. § 1983 cannot recover attorney's fees against the municipality under 42 U.S.C. § 1988.
• Dallas Ass'n OF Cmty. Orgs. FOR Reform NOW v. Dallas Cnty. Hosp. Dist.
  656 F.2d 1175· 5th Cir.· 1981-09-25 ·cited 2×
  The court held that the congested conditions at Parkland Hospital justify time, place, and manner restrictions on First Amendment activity in non-patient care areas, affirming the denial of injunctive relief.
• Chesnut v. ST. Louis Cnty.
  656 F.2d 343· 8th Cir.· 1981-08-13 ·cited 2×
  The court held that the plaintiff had standing to challenge the constitutionality of the exemption provision (§ 804.240) of the St. Louis County Peddler and Solicitor Code, but lacked standing to challenge the charitable solicitation permit scheme. The court also held that the di
• Dudley v. Stoneman
  653 F.2d 125· 4th Cir.· 1981-07-10 ·cited 2×
  A plaintiff who admits to falsifying a report cannot recover under 42 U.S.C. § 1983, even if acting under orders, as they are in pari delicto.
• Burton v. State OF Miss.
  650 F.2d 91· 5th Cir.· 1981-07-07 ·cited 2×
  The court held that even if Rule 60(b) relief were available, it would be inappropriate to revive the prior judgment due to the passage of time and the fact that the original trial was not significantly impacted by the overruled precedent.
• White v. Wyrick
  651 F.2d 597· 8th Cir.· 1981-06-17 ·cited 2×
  A federal court properly denied a habeas corpus petition where the petitioner failed to exhaust available state remedies for most of his claims.
• Chambers v. Kaplan
  648 F.2d 1193· 8th Cir.· 1981-05-20 ·cited 2×
  A private attorney appointed by a federal court to represent inmates in a civil rights action against the state does not act under color of state law for purposes of a § 1983 claim.
• Northwood Apts. v. LaVALLEY
  649 F.2d 401· 6th Cir.· 1981-05-14 ·cited 2×
  The dissenting judge would hold that federal courts lack subject matter jurisdiction under 42 U.S.C. §§ 1983 or 1985 for actions by taxpayers against local tax assessors for damages, especially when an adequate state remedy exists. The judge would also affirm dismissal based on t
• The Honorable Robert Mandel v. The Honorable: Ralph J. Erickstad
  648 F.2d 1175· 8th Cir.· 1981-05-13 ·cited 2×
  The court affirmed the district court's dismissal, holding that the plaintiff's allegations did not state a denial of federal statutory or constitutional rights.
• LaGRANGE v. City OF Minneapolis
  645 F.2d 615· 8th Cir.· 1981-04-06 ·cited 2×
  The court held that the procedures and standards for civil service employment did not create a property interest protected under the Fourteenth Amendment.
• Sandlin v. Johnson
  643 F.2d 1027· 4th Cir.· 1981-03-11 ·cited 2×
  The court held that classifying students by reading level is rationally related to a permissible governmental end and that ordinary state tort claims are not cognizable under 42 U.S.C. § 1983.
• Goforth v. Poythress
  638 F.2d 27· 5th Cir.· 1981-02-23 ·cited 2×
  A state statute requiring sheriffs to possess a high school diploma or its equivalent does not violate the Equal Protection Clause of the Fourteenth Amendment.
• Farrar v. Cain
  642 F.2d 86· 5th Cir.· 1981-02-23 ·cited 2×
  The court held that the district court's grant of summary judgment must be vacated and remanded for written findings of fact and conclusions of law.
• Seemiller v. Cir. Court Clerk OF ST. Charles Cnty.
  640 F.2d 175· 8th Cir.· 1981-02-12 ·cited 2×
  The court held that the civil rights action was prematurely filed while state court proceedings were still ongoing. The dismissal was affirmed without prejudice.
• Davis v. Smith
  638 F.2d 66· 8th Cir.· 1981-01-28 ·cited 2×
  The judgment of the district court should be affirmed because there is no independent evidence of a causal connection between the confinement and the hemorrhoid condition.
• Underwood v. Pritchard
  638 F.2d 60· 8th Cir.· 1981-01-21 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the pro se plaintiff's complaint failed to state a claim under 42 U.S.C. § 1983, and the remaining issue was moot.
• Goadby v. Philadelphia Elec. Co.
  639 F.2d 117· 3d Cir.· 1981-01-09 ·cited 2×
  The court held that a preliminary injunction should not have been granted because the plaintiff had an adequate remedy at law through monetary damages in the state court system.
• Dommer v. Crawford
  638 F.2d 1031· 7th Cir.· 1980-12-31 ·cited 2×
  The district court's order was an impermissible interference with state criminal law administration, as plaintiffs had an adequate remedy in state courts and failed to exhaust those remedies.
• Kriss Mangum v. Mitchell
  638 F.2d 203· 10th Cir.· 1980-12-29 ·cited 2×
  The court held that the state's denial of general assistance (GA) to recipients of federal Supplemental Security Income (SSI) does not violate constitutional rights and is a rational exercise of state authority to coordinate welfare programs and prevent double payments.
• Holy Cross Coll., Inc. v. La. High Sch. Athletic Ass'n
  632 F.2d 1287· 5th Cir.· 1980-12-18 ·cited 2×
  The court held that the district court erred in dismissing the case for lack of subject matter jurisdiction, as the appellants properly alleged jurisdiction under 28 U.S.C. § 1343(3).
• Ewell Welch v. Barham
  635 F.2d 1322· 8th Cir.· 1980-11-07 ·cited 2×
  The court should affirm the district court's finding that the plaintiff was deprived of property without due process because two board members had prejudged the case.
• Chulchian v. City OF Indianapolis
  633 F.2d 27· 7th Cir.· 1980-10-06 ·cited 2×
  The court held that the City of Indianapolis's general business licensing ordinance, as construed to prohibit knowingly permitting illegal conduct on the premises, is constitutional under the First Amendment and not unconstitutionally vague. The court also found the administrativ
• Decker v. O'Donnell
  661 F.2d 598· 7th Cir.· 1980-09-09 ·cited 2×
  The court held that the Comprehensive Employment and Training Act (CETA) program's funding of participants in pervasively sectarian elementary and secondary schools violates the Establishment Clause of the First Amendment due to excessive entanglement and impermissible subsidizat
• Clark v. Solem
  628 F.2d 1120· 8th Cir.· 1980-08-28 ·cited 2×
  The court held that the inmate's allegations of defamation and conspiracy, as well as vague claims of Eighth Amendment violations, failed to state a claim for which relief could be granted under 42 U.S.C. §§ 1983 and 1985.
• Dunn v. Hackworth
  628 F.2d 1111· 8th Cir.· 1980-08-27 ·cited 2×
  The court held that a privately retained attorney's status as a state juvenile officer, without more, does not transform their representation into state action for purposes of a § 1983 claim.
• Barlow v. Marion Cnty. Hosp. Dist.
  495 F. Supp. 682· M.D. Fla.· 1980-07-29 ·cited 2×
  The court held that while plaintiffs stated constitutional claims over which it had jurisdiction, they failed to state a claim under 42 U.S.C. § 1983 based on the Hill-Burton Act because they did not allege exhaustion of administrative remedies as required by the statute.
• Aladdin Hotel Corp. v. Nev. Gaming Comm'n
  637 F.2d 582· 9th Cir.· 1980-06-05 ·cited 2×
  The court held that while the preliminary injunction was improperly granted due to overbreadth, the case should not be dismissed for lack of jurisdiction, and should instead be remanded for consideration of appropriate procedural relief.
• Nickens v. White
  622 F.2d 967· 8th Cir.· 1980-06-04 ·cited 2×
  The court held that the district court properly granted summary judgment because the prisoner failed to raise a genuine issue of material fact and did not diligently pursue discovery.
• McCRAY v. Burrell
  622 F.2d 705· 4th Cir.· 1980-06-04 ·cited 2×
  The court held that Sergeant Smith was not entitled to qualified immunity for the first confinement because his testimony shifted to indicate he did not believe the inmate was mentally disturbed, negating the justification for the harsh conditions and lack of immediate profession
• Peske v. Tangedahl
  619 F.2d 729· 8th Cir.· 1980-04-14 ·cited 2×
  The court held that the district court erred in dismissing the case for lack of subject matter jurisdiction without adequately determining the substantiality of the constitutional claims.
• Eston Bullard, Jr. v. Louie L. Wainwright
  614 F.2d 1020· 5th Cir.· 1980-04-02 ·cited 2×
  The court held that the prisoner's complaint was sufficient to withstand a motion to dismiss for failure to state a cause of action.
• Local NO. 1903 OF the Int'l Union v. Bear Archery
  617 F.2d 157· 6th Cir.· 1980-03-06 ·cited 2×
  A local government may not be sued under § 1983 for an injury inflicted solely by its employees or agents; liability attaches when execution of a government's policy or custom causes the injury.
• French v. Butterworth
  614 F.2d 23· 1st Cir.· 1980-01-31 ·cited 2×
  A prisoner does not have a constitutionally protected property interest in operating a business within a prison or in purchasing goods at cost.
• Hirrill v. Merriweather
  629 F.2d 490· 8th Cir.· 1980-01-16 ·cited 2×
  The court held that the plaintiff's termination claim was barred by res judicata, and while the pension claim's res judicata status was unclear, it was ultimately without merit and thus properly dismissed.
• Funn v. Winston
  612 F.2d 880· 4th Cir.· 1980-01-08 ·cited 2×
  A deputy sheriff's refusal to dismiss a criminal warrant against a prisoner, contrary to departmental policy, justified his discharge.
• Randle v. Romero
  610 F.2d 702· 10th Cir.· 1979-12-17 ·cited 2×
  The court held that a prison's policy of refusing to transfer inmates serving consecutive sentences to a minimum security facility does not violate the Constitution and is not subject to judicial review unless it constitutes a clear abuse or caprice.
• Holman v. Cent. Ark. Broad. Co., Inc.
  610 F.2d 542· 8th Cir.· 1979-12-12 ·cited 2×
  The court held that the plaintiff's loud, abusive statements made in a jail cell were not uttered with an expectation of privacy, thus not violating his right to privacy or constituting unlawful interception of communication.
• Henry v. Perrin
  609 F.2d 1010· 1st Cir.· 1979-11-21 ·cited 2×·via 42 U.S.C. § 1983 Claim
  The court held that a prison policy allowing guards to conduct page-by-page visual inspections of attorney files, even if not intended to read privileged information, infringes upon the Sixth Amendment right to counsel when the contraband definition includes textual material and
• Pardee v. Moses
  605 F.2d 865· 5th Cir.· 1979-11-01 ·cited 2×
  The dismissal of a pro se plaintiff's complaint for failure to provide a sufficiently definite statement was an abuse of discretion when the plaintiff made a good-faith effort to comply and the defendant was not prejudiced.
• Martin v. Tamaki
  607 F.2d 307· 9th Cir.· 1979-10-29 ·cited 2×
  A city ordinance mandating retirement at age 65 for DWP employees, while allowing other city employees to work until 70, does not violate equal protection because it is rationally related to legitimate government interests, and the delegation of authority to approve exceptions is
• Olson v. James
  603 F.2d 150· 10th Cir.· 1979-08-06 ·cited 2×
  The court held that the Kansas statute requiring recoupment of attorney fees from criminal defendants is unconstitutional as it violates the Fourteenth Amendment by its rigid, automatic, and indiscriminate collection procedures without regard to a defendant's financial condition
• Aranda v. VAN Sickle
  600 F.2d 1267· 9th Cir.· 1979-07-12 ·cited 2×
  The court held that the plaintiffs' evidence, even when viewed favorably, was insufficient to support a reasonable inference that the at-large election system was maintained with discriminatory intent, thus summary judgment for the defendants was proper.
• Dominguez v. Beame
  603 F.2d 337· 2d Cir.· 1979-06-28 ·cited 2×
  The court held that the trial court erred in dismissing the complaint against the arresting officers because the officers' belief that the arrest was supported by probable cause was not objectively reasonable.
• Bruno v. Marcel Garsaud, Jr.
  594 F.2d 1062· 5th Cir.· 1979-05-14 ·cited 2×
  The court held that the Louisiana constitutional and statutory provisions prohibiting political activity by classified civil service employees were not unconstitutional as applied or facially vague/overbroad.
• Williams v. Park Anderson
  599 F.2d 923· 10th Cir.· 1979-05-08 ·cited 2×
  The court held that the evidence was legally insufficient to support judgments against prison officials for false imprisonment under 42 U.S.C. § 1983, as they reasonably relied on the records clerk's mistaken confirmation of the inmate's sentence.
• Obie C. Evans v. Rewers
  595 F.2d 372· 7th Cir.· 1979-03-27 ·cited 2×
  A hospital security guard's status as a "peace officer" is limited to their official duties on hospital premises, and does not exempt them from unlawful use of weapons statutes when off-duty and off-premises with a personal firearm.
• Lamb v. Farmers Ins. Co., Inc.
  586 F.2d 96· 8th Cir.· 1978-11-09 ·cited 2×·via 42 U.S.C. § 1983 Claim
  The court held that the appellant's claims under 42 U.S.C. §§ 1983 and 1985 failed to state a claim upon which relief could be granted.