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

• Maldonado v. Garza
  579 F.2d 338· 5th Cir.· 1978-08-30 ·cited 2×
  The court held that the pro se prisoner's complaint alleging unconstitutional conditions of confinement, particularly as a pre-trial detainee, was sufficient to withstand summary dismissal and warranted further factual development.
• Schuman v. The State OF Cal.
  584 F.2d 868· 9th Cir.· 1978-07-19 ·cited 2×
  The court held that the appellant's amended complaint was properly dismissed because she failed to state a claim under 42 U.S.C. § 1985(3) and received due process regarding her driver's license revocation under § 1983.
• Roberts v. Bohac
  574 F.2d 1232· 5th Cir.· 1978-06-13 ·cited 2×
  The court held that the evidence was sufficient to support the jury's verdict for false imprisonment and the awarded damages, and that the officers' failure to present the plaintiff to a magistrate was unreasonable under the circumstances.
• Longarzo v. Anker
  578 F.2d 469· 2d Cir.· 1978-05-16 ·cited 2×
  The court held that a probationary teacher's complaint failed to state a claim for a due process violation because he did not allege a deprivation of a liberty or property interest.
• Ford v. Schmidt
  577 F.2d 408· 7th Cir.· 1978-04-14 ·cited 2×
  The court held that the prison's mail policy and 'no-passing' rule did not unconstitutionally interfere with inmates' access to the courts or property rights, and a subsequent rule change was inadmissible to prove prior culpable conduct.
• Blum v. Probate Court OF Chittenden Cnty.
  575 F.2d 50· 2d Cir.· 1978-04-12 ·cited 2×
  The court held that the appellant's pleadings failed to state a constitutional claim because he received adequate notice of the Massachusetts parental termination proceedings and voluntarily failed to appear.
• Roth v. United States Dep't OF Transp.
  572 F.2d 183· 8th Cir.· 1978-03-09 ·cited 2×
  The court held that 42 U.S.C. § 4602(a) precludes judicial review of actions taken under the Uniform Relocation Assistance Act, thus the district court lacked subject matter jurisdiction.
• Shapley v. Wolff
  568 F.2d 1310· 9th Cir.· 1978-02-08 ·cited 2×
  The court held that the prisoner's amended complaint, when read liberally, could potentially state a claim upon which relief could be granted, requiring further development of facts.
• Joanne Chesimard (Assata Shakur) v. Mulcahy
  570 F.2d 1184· 3d Cir.· 1978-02-03 ·cited 2×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiff failed to demonstrate a probability of success on the merits or irreparable harm.
• Mrs. Patsy Ruth White v. Dallas Indep. Sch. Dist.
  566 F.2d 906· 5th Cir.· 1978-01-26 ·cited 2×
• Garnet Vinson v. Richmond Police Dept.
  567 F.2d 263· 4th Cir.· 1977-12-12 ·cited 2×
  The court affirmed the dismissal of the § 1983 action against the named defendants because neither the Police Department nor the Commonwealth Attorney are proper defendants under § 1983, and any claims against individual officers would be time-barred.
• Benjamin H. Munson, M.D. v. Janklow
  563 F.2d 933· 8th Cir.· 1977-10-21 ·cited 2×·via 42 U.S.C. § 1983 Claim
• Freeman v. Lockhart
  561 F.2d 728· 8th Cir.· 1977-09-01 ·cited 2×
  The court held that the district court's findings were not clearly erroneous and that the appellant failed to establish deliberate indifference to serious medical needs, thus affirming the dismissal of the section 1983 claim.
• FOX v. Sullivan
  558 F.2d 235· 5th Cir.· 1977-08-24 ·cited 2×
  The court held that the district court's findings of fact were not clearly erroneous.
• Carmen Rita Pedrosa de SAN Miguel v. Lugo
  560 F.2d 34· 1st Cir.· 1977-08-03 ·cited 2×
  The court held that the plaintiff's suspension was a disciplinary measure for a personal incident, not political discrimination, and thus affirmed the trial court's dismissal.
• McCARTHY v. Dolph Briscoe
  553 F.2d 1005· 5th Cir.· 1977-06-13 ·cited 2×
  The court affirmed the denial of a permanent injunction, finding that the controversy regarding future enforcement of the statute was speculative and that no immediate irreparable injury would occur.
• Haber v. The Cnty. OF Nassau & Robert Sehlmeyer
  557 F.2d 322· 2d Cir.· 1977-06-01 ·cited 2×
  The court held that a jury's finding of no contributory negligence should not be overturned by judgment notwithstanding the verdict, but affirmed a new trial order due to jurisdictional issues and excessive damages.
• Wester v. Jones
  554 F.2d 1285· 4th Cir.· 1977-05-19 ·cited 2×·via 42 U.S.C. § 1983 Action
  A prisoner's allegations of a doctor's negligence or incorrect diagnosis do not constitute deliberate indifference to serious medical needs, which is required to state a constitutional claim under the Eighth Amendment.
• Mondragon v. Tenorio
  554 F.2d 423· 10th Cir.· 1977-05-09 ·cited 2×
  The court held that the actions of the Anton Chico Land Grant Trustees, as governed by New Mexico statutes, did not constitute action 'under color of state law' for the purposes of a 42 U.S.C. § 1983 claim.
• Rocker v. Huntington
  550 F.2d 804· 2d Cir.· 1977-02-24 ·cited 2×
  A probationary teacher's dismissal, if based on legitimate performance concerns, will be upheld even if some protected speech occurred, provided the dismissal was not motivated by that speech.
• Gill v. Monroe Cnty. Dep't OF Soc. Servs.
  547 F.2d 31· 2d Cir.· 1976-12-27 ·cited 2×
  The court held that the district court's dismissal of the class action employment discrimination suit was improper, vacating the order and remanding for reconsideration.
• Dema v. State OF Ill.
  546 F.2d 224· 7th Cir.· 1976-12-21 ·cited 2×
  The court held that the district court properly refused to convene a three-judge court and properly dismissed the complaint based on abstention principles.
• Cale v. Paderick
  546 F.2d 577· 4th Cir.· 1976-12-21 ·cited 2×
  The court affirmed the district court's judgment, holding that the prisoner received due process and that the superintendent acted in good faith.
• Gray v. Sherril
  542 F.2d 953· 5th Cir.· 1976-11-26 ·cited 2×
  The court held that the trial court did not err in denying a mistrial or in admitting character evidence.
• Alcala v. Burns
  545 F.2d 1101· 8th Cir.· 1976-11-05 ·cited 2×
  The court held that denying A.F.D.C. cash benefits to pregnant women without existing children does not violate the Equal Protection or Due Process Clauses, and summary judgment for defendants was proper.
• Chamberlain v. Wichita Falls Indep. Sch. Dist.
  539 F.2d 566· 5th Cir.· 1976-09-27 ·cited 2×
  The court held that the school district's termination of a continuing contract teacher did not violate due process or equal protection, and that a voir dire examination of board members was not constitutionally required.
• Dean v. Shirer
  547 F.2d 227· 4th Cir.· 1976-08-30 ·cited 2×
  A judge is protected by judicial immunity for actions taken within his judicial capacity, even if those actions are alleged to be malicious or in excess of jurisdiction, provided there is not a clear absence of subject-matter jurisdiction.
• Poirier v. Carson
  537 F.2d 823· 5th Cir.· 1976-08-25 ·cited 2×·via 42 U.S.C. § 1983 Action
• Schneider v. Betti S. Whaley
  541 F.2d 916· 2d Cir.· 1976-08-20 ·cited 2×
  The court held that while plaintiffs are entitled to a hearing, the agency may suspend or terminate assistance pending the hearing if the sole issue is state or federal law or policy, and that the defendants' appeal was moot.
• Ralph Vernon Ford, M.D. v. Harris Cnty. Med. Soc'y
  535 F.2d 321· 5th Cir.· 1976-07-19 ·cited 2×
  The court held that the Harris County Medical Society's actions did not constitute state action, thus a § 1983 claim could not be brought.
• Syrek v. Pa. Air Nat'l Guard
  537 F.2d 66· 3d Cir.· 1976-07-16 ·cited 2×
  The court held that the employees' complaint sufficiently alleged a deprivation of a constitutional right to invoke federal jurisdiction, and the merits of the claim should be decided by the district court.
• Pehler v. Schoen
  537 F.2d 970· 8th Cir.· 1976-07-09 ·cited 2×
  The court held that the prisoner's claim for injunctive relief from adverse conditions of confinement due to a detainer was moot after his transfer to Louisiana, and his request for release or parole revocation prevention was a habeas corpus claim requiring exhaustion of state re
• Schaefer v. Tannian
  538 F.2d 1234· 6th Cir.· 1976-06-25 ·cited 2×
  The court held that the district court's preliminary injunction improperly extended to male officers hired with CETA funds and that the issue of retroactive seniority for victims of discrimination requires further consideration in light of Franks v. Bowman.
• Buck v. The Bd. OF Elections OF the City OF NEW York
  536 F.2d 522· 2d Cir.· 1976-05-27 ·cited 2×
  The court held that the complaint failed to allege sufficient facts to establish a substantial federal question or actionable conspiracy under federal civil rights statutes.
• Shortino v. Wheeler
  531 F.2d 938· 8th Cir.· 1976-03-23 ·cited 2×
  The court held that a municipality's failure to provide adequate fire protection does not violate equal protection or due process rights absent allegations of discrimination.
• Bd. OF Educ. OF Indep. Sch. Dist. No. 53 OF Okla. Cnty. v. Bd. OF Educ. OF Indep. Sch. Dist. No. 52 OF Okla. Cnty.
  532 F.2d 730· 10th Cir.· 1976-03-15 ·cited 2×
  The court held that the transfer of territory did not violate constitutional rights under 42 U.S.C. § 1983 because the plaintiff district was not racially identifiable, was already integrated, and the defendants did not act under color of state law.
• Wiggins v. Honorable Judge Philip Hess
  531 F.2d 920· 8th Cir.· 1976-03-11 ·cited 2×
  Judges are immune from damages under 42 U.S.C. § 1983 unless acting in clear absence of jurisdiction, and a clerk's actions regarding commitment papers do not deprive liberty if the underlying judgment is valid.
• LA BAR v. Special Agent Gary Royer
  528 F.2d 548· 5th Cir.· 1976-03-10 ·cited 2×
  A plaintiff has no personal cause of action against a federal agent acting within the scope of authority for property seized legally under a warrant. Claims under § 1983 and § 1985(3) were also properly dismissed.
• Courtney v. Adams
  528 F.2d 1056· 8th Cir.· 1976-03-05 ·cited 2×
  A mere disagreement with a prison physician regarding necessary medical care does not state a claim for relief under 42 U.S.C. § 1983.
• Sigmon v. POE
  528 F.2d 311· 4th Cir.· 1975-12-12 ·cited 2×·via 42 U.S.C. § 1983 Claim
  The court affirmed the denial of preliminary injunctive relief, finding the lower court's determination that the Board's action was not arbitrary or capricious was not clearly erroneous.
• Lambert v. Honorable Kenneth A. Turner
  525 F.2d 1101· 6th Cir.· 1975-11-20 ·cited 2×
  The court held that the district court properly dismissed the action because no case or controversy existed after the consent injunction was entered, and plaintiffs lacked standing.
• Wood v. Okey A. Mills
  528 F.2d 321· 4th Cir.· 1975-10-22 ·cited 2×
  Gender-based wage differentials for substantially similar work violate the Equal Protection Clause of the Fourteenth Amendment, but denial of back pay and attorney fees may be affirmed if the defendant did not act with discriminatory intent or malice.
• Wooten v. Sgt. Garland Shook
  527 F.2d 976· 4th Cir.· 1975-09-16 ·cited 2×
  In one case, summary judgment for the defendant was affirmed because no genuine issue of material fact existed. In the other case, dismissal of a pro se prisoner's complaint for failure to state a claim was reversed because the allegations, though vague, were sufficient to warran
• Calo v. Paine
  521 F.2d 411· 2d Cir.· 1975-08-18 ·cited 2×
  The court held that the district court erred in granting summary judgment on the plaintiff's First Amendment claim, as recent Supreme Court precedent requires consideration of such claims even for probationary employees.
• McAULIFFE v. Adolf G. Carlson
  520 F.2d 1305· 2d Cir.· 1975-08-01 ·cited 2×
  The court held that Connecticut did not waive its Eleventh Amendment immunity from federal suit, and therefore the district court lacked jurisdiction to order the return of funds.
• Carter v. Kilbane
  519 F.2d 1370· 6th Cir.· 1975-07-31 ·cited 2×
  The court held that the Ohio grand jury indictment was sufficient for federal constitutional purposes to determine probable cause, and that class certification was inappropriate.
• Baker v. Reg'l High Sch. Dist. NO. 5
  520 F.2d 799· 2d Cir.· 1975-07-23 ·cited 2×
  The court held that regional school boards performing governmental functions must adhere to one person-one vote principles, even without taxing or bonding authority.
• Fontaine v. Walls
  515 F.2d 884· 5th Cir.· 1975-07-11 ·cited 2×
  The court held that a prisoner's suit for damages based on alleged physical mistreatment and improper confinement is a Section 1983 claim, not subject to the exhaustion requirement for habeas corpus actions.
• Chasteen v. Trans World Airlines, Inc.
  520 F.2d 714· 8th Cir.· 1975-07-02 ·cited 2×
  The court held that a civil rights action is barred by res judicata and collateral estoppel when the core issue has been previously litigated and decided in state court.
• Mrs. Minnie L. Evans v. Elbert Page, Jr.
  516 F.2d 18· 8th Cir.· 1975-05-15 ·cited 2×
  The court held that serving as an election official is not a federal constitutional or statutory right, and a school board's decision not to rehire an untenured teacher for such service does not violate civil rights or substantive due process.