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

• Pitts v. Busbee
  511 F.2d 126· 5th Cir.· 1975-03-24 ·cited 2×
  The court held that the 1973-74 Acts never became effective due to the Attorney General's objections, and the validity of the 1952 Act, not previously addressed, must now be decided.
• Helmuth Scherer v. Cosgrove
  511 F.2d 707· 4th Cir.· 1975-02-19 ·cited 2×
  The court held that the district court erred in finding that Cosgrove violated Scherer's civil rights, as Cosgrove acted with probable cause in prosecuting wage payment violations.
• Lynott v. Stewart
  505 F.2d 1023· 5th Cir.· 1974-12-30 ·cited 2×·via 42 U.S.C. § 1983 Claim
  A district court cannot deny a prisoner's request to proceed in forma pauperis based on the possibility that their financial situation might improve in the future and that statutes of limitations are tolled.
• Kurlan v. Callaway
  510 F.2d 274· 2d Cir.· 1974-12-27 ·cited 2×
  National Guard members who qualified for transfer to the Standby Reserve before July 10, 1974, and applied before that date, are entitled to transfer, even if the Governor later modified consent.
• Houston A. Wheeler, Jr. v. Procunier
  508 F.2d 888· 9th Cir.· 1974-12-23 ·cited 2×
  The court held that the decision in Clutchette v. Procunier shall only be applied prospectively, and the district court did not err in dismissing the appellant's action.
• Sparks v. Fuller
  506 F.2d 1238· 1st Cir.· 1974-11-21 ·cited 2×·via 42 U.S.C. § 1983 Claim
  The court held that prisoner complaints alleging only minor inconveniences without purposeful discrimination or denial of due process do not state a claim cognizable in federal court.
• Broderick v. di Grazia
  504 F.2d 643· 1st Cir.· 1974-10-25 ·cited 2×
  The court held that the plaintiffs' claims were not ripe for judicial review and thus did not state a claim upon which relief could be granted.
• Enoch Dickinson, Jr. v. Chief OF Police
  499 F.2d 336· 5th Cir.· 1974-08-28 ·cited 2×
  The court held that the district court properly dismissed the pro se complaint as frivolous, given the trial judge's personal knowledge and the record evidence rebutting the allegations.
• Mathews v. Little
  498 F.2d 1068· 5th Cir.· 1974-08-19 ·cited 2×
  The court held that Atlanta's requirement of a petition signed by two percent of registered voters is a reasonable alternative to a filing fee for ballot access, consistent with constitutional standards.
• Mueller v. Turcott
  501 F.2d 1016· 7th Cir.· 1974-08-19 ·cited 2×
  The court held that the denial of a prisoner's transfer for vocational training, based on medical condition and supervision needs, was a rational administrative decision within the discretion of prison officials, and thus did not warrant habeas corpus relief or a § 1983 claim for
• Grady D. Kersh v. Bounds
  501 F.2d 585· 4th Cir.· 1974-07-25 ·cited 2×
  A state prisoner is deprived of due process when the state unnecessarily burdens their right to appeal by denying medical care during the appeal process.
• Thomas v. Shaw
  497 F.2d 123· 5th Cir.· 1974-07-18 ·cited 2×
  The court held that the district court erred in dismissing the complaint as a habeas corpus petition without allowing for further fact development.
• Schmidt v. Wingo
  499 F.2d 70· 6th Cir.· 1974-06-21 ·cited 2×
  A "deliberate refusal" by a warden to follow a doctor's recommendation is not the sole basis for liability under the Civil Rights Act; the warden has a duty to investigate and provide necessary medical care.
• Delilah B. Blanks v. Register
  493 F.2d 697· 4th Cir.· 1974-03-26 ·cited 2×
  The court held that the civil rights action was premature because the plaintiff had not yet been rejected for the position or had anyone else appointed, thus no justiciable case or controversy existed.
• Uldine Kuri v. Edelman
  491 F.2d 684· 7th Cir.· 1974-02-11 ·cited 2×
  The court denied the motion for an injunction pending appeal, finding no strong showing of likely success on the merits for the plaintiffs' claim that the state's AFDC income reporting program violated federal law or the Constitution.
• Kline v. Cason Rankin
  489 F.2d 387· 5th Cir.· 1974-02-11 ·cited 2×
  The court held that the district court erred in dismissing the complaint without convening a three-judge court, as the constitutional claims were not insubstantial due to res judicata.
• Arnold v. Bondurant
  491 F.2d 718· 6th Cir.· 1974-02-07 ·cited 2×
  The court held that a nontenured teacher failed to prove her First Amendment rights were violated by non-renewal, as the trial court's findings were not clearly erroneous. The court affirmed the dismissal of the complaint.
• Huber v. Union Planters Nat'l Bank OF Memphis
  491 F.2d 846· 6th Cir.· 1974-02-07 ·cited 2×
  The court held that the plaintiff was deprived of her automobile without due process of law, in violation of the Constitution.
• Gertrude Armstead v. Escobedo
  488 F.2d 509· 5th Cir.· 1974-01-14 ·cited 2×
  The court held that a private citizen is not liable for false imprisonment when they mistakenly identify a suspect to police, as long as they do not direct the police to make the arrest.
• Johnson v. Netterville
  488 F.2d 394· 5th Cir.· 1974-01-14 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that a federal district court judge lacks jurisdiction to grant an injunction restraining the enforcement of a state statute when the claim involves the statute's constitutionality, requiring a three-judge court.
• Palo Alto Tenants' Union v. Morgan
  487 F.2d 883· 9th Cir.· 1973-11-13 ·cited 2×
  The court held that the challenged zoning ordinances defining 'family' for single-family residential neighborhoods are constitutional.
• Glover v. McMURRAY
  487 F.2d 403· 2d Cir.· 1973-11-07 ·cited 2×
  The court should affirm the district court's order granting a preliminary injunction because the plaintiffs demonstrated a substantial likelihood of success on the merits and irreparable harm.
• Freeman & Bass, P. A. v. State OF NEW Jersey Comm'n OF Investigation
  486 F.2d 176· 3d Cir.· 1973-10-01 ·cited 2×
  The court held that the district court erred in restraining the SCI from referring by name to individuals during public hearings, as such practice does not inherently violate due process or exceed the SCI's investigatory function.
• Love v. DeCARLO Homes, Inc.
  482 F.2d 613· 5th Cir.· 1973-07-30 ·cited 2×
  The court held that the plaintiffs failed to establish a claim under 42 U.S.C. § 1982 because they did not demonstrate that DeCarlo Homes discriminated against them on the basis of race by selling houses to whites on more favorable terms in similar circumstances.
• Jeffries v. Jule Sugarman
  481 F.2d 414· 2d Cir.· 1973-06-29 ·cited 2×
  The court held that the case should be remanded to the district court for reconsideration in light of the Supreme Court's decision in Dublino, which clarified the preemption of state work rules by the federal WIN program.
• Johnson v. Capitol City Lodge NO. 74
  477 F.2d 601· 4th Cir.· 1973-05-01 ·cited 2×
  The court held that the district court erred in refusing to grant affirmative relief to eliminate the discriminatory effects of the police lodge's membership policies.
• Bilton v. Beto
  470 F.2d 988· 5th Cir.· 1972-12-27 ·cited 2×
  Summary dismissal of a civil rights suit alleging a risk of serious bodily injury or death is improper if the plaintiff is not afforded an opportunity to substantiate their claim.
• Startz v. Cullen
  468 F.2d 560· 2d Cir.· 1972-10-30 ·cited 2×
  The court held that the prison authorities' efforts to manage the prisoner's medical condition were sincere and reasonable, thus not rising to the level of a constitutional violation.
• People CAB Co. v. Bloom
  472 F.2d 163· 3d Cir.· 1972-10-20 ·cited 2×
  The court held that a slander claim does not violate the Civil Rights Act and that other allegations lacked the required factual specificity.
• Hunt v. Rodriguez
  468 F.2d 615· 5th Cir.· 1972-10-04 ·cited 2×
  The court held that the district court erred in dismissing the claim for money damages under 42 U.S.C. § 1983 based on the abstention doctrine.
• Leonard v. Jule Sugarman
  466 F.2d 1366· 2d Cir.· 1972-09-15 ·cited 2×
  The court held that the plaintiff's appeal failed to present a substantial federal question, thus affirming the dismissal of his complaint.
• Moore v. Fields
  464 F.2d 549· 6th Cir.· 1972-07-26 ·cited 2×
  The court held that the Tennessee Savings Statute applies to a federal Civil Rights action when the initial state court action was dismissed for failure to prosecute, provided the defendant received notice of the claim.
• Mrs. Travistine Alexander v. The Warren
  464 F.2d 471· 8th Cir.· 1972-07-24 ·cited 2×
  The court held that the school board provided clear and convincing evidence that the decision not to rehire the teacher was not racially motivated, despite the district's history of segregation.
• Wardrop v. Dean
  459 F.2d 1030· 3d Cir.· 1972-05-01 ·cited 2×
  The court held that even if the Public Defender acted under color of state law, the prisoner's allegations did not give rise to a federal claim for relief.
• Hooks v. Louie L. Wainwright
  457 F.2d 502· 5th Cir.· 1972-04-11 ·cited 2×
  The court held that the district court's dismissal was improper and the case should be reconsidered in light of a Supreme Court decision.
• Anderson v. Lecon Props., Inc.
  457 F.2d 929· 8th Cir.· 1972-03-29 ·cited 2×
  Federal district courts lack jurisdiction to review alleged errors in state court judgments, and the Minnesota Supreme Court acted within its jurisdiction.
• Brennan v. Haines
  455 F.2d 943· 3d Cir.· 1972-02-11 ·cited 2×
  The court held that statutory procedures for filling interim vacancies on a township board of commissioners by appointment by remaining board members do not violate the Fourteenth Amendment's Equal Protection Clause.
• Ceinwein King-Smith v. Mrs. M. L. Aaron
  455 F.2d 378· 3d Cir.· 1972-02-02 ·cited 2×
  The court held that federal courts should not abstain from hearing a civil rights claim alleging discriminatory denial of teaching employment based on blindness, as no unclear state law issue was presented.
• West Tennessee Aclu v. City OF Memphis
  454 F.2d 1162· 6th Cir.· 1972-01-25 ·cited 2×
  The court held that the district court should have dismissed the action and allowed parties to resort to state courts for relief based on state law.
• Hancock v. Avery
  452 F.2d 1214· 6th Cir.· 1972-01-05 ·cited 2×
  The court held that the trial court's findings of no damages and compliance with the injunction were not clearly erroneous.
• Miller v. Bd. OF Educ. OF Jefferson Cnty.
  452 F.2d 894· 6th Cir.· 1971-12-23 ·cited 2×
  The court held that a teacher denied reemployment by a school board and denied a substitute position by another board failed to establish a constitutional claim, affirming summary judgment.
• Cornist v. Richland Parish Sch. Bd.
  448 F.2d 594· 5th Cir.· 1971-09-17 ·cited 2×
  A plaintiff alleging a violation of civil rights under 42 U.S.C. § 1983 does not need to exhaust state court remedies before prosecuting an action in federal court.
• Miller v. Kusper
  445 F.2d 1059· 7th Cir.· 1971-07-15 ·cited 2×
  The court held that the plaintiffs failed to state a claim under 42 U.S.C. § 1983 because the city officials' refusal to provide computerized voter data did not constitute a misuse of power or an abridgment of constitutional rights.
• Gaines v. Erskine McGRAW and P. C. Jenkins
  445 F.2d 393· 5th Cir.· 1971-07-14 ·cited 2×
  The court held that the arrest was unlawful as a matter of Alabama law, and the arresting officer was not entitled to a good faith defense under Pierson v. Ray because the facts did not constitute a crime and there was no evidence the officer believed otherwise.
• Hunter v. City Solicitor
  444 F.2d 1395· 3d Cir.· 1971-07-02 ·cited 2×
  The court held that the City of Philadelphia is not a "person" under the Civil Rights Act and that the City Solicitor was properly dismissed as the complaint lacked specific allegations against him and his duties did not involve the matter.
• Stanley v. Tucker
  441 F.2d 740· 2d Cir.· 1971-04-09 ·cited 2×
  The court held that the district court correctly dismissed the complaint for lack of subject matter jurisdiction, as the claim involved property rights, not personal rights required for jurisdiction under 28 U.S.C. § 1343.
• EVE Prods., Inc. v. Shannon
  439 F.2d 1073· 8th Cir.· 1971-03-16 ·cited 2×
  Federal courts should not enjoin state criminal prosecutions absent a showing of bad faith, harassment, or irreparable injury.
• Adickes v. Leary
  436 F.2d 540· 2d Cir.· 1971-01-07 ·cited 2×
  The court held that the claims for damages under 42 U.S.C. § 1983 and § 1985 were properly dismissed, and the request for injunctive relief was moot as the underlying criminal proceedings had concluded.
• Latham v. Tynan
  435 F.2d 1248· 2d Cir.· 1970-12-16 ·cited 2×
  The court held that the claim of unconstitutionality of Connecticut's Motor Vehicle Financial Responsibility Act was not so unsubstantial as to avoid the requirement of a three-judge district court.
• Slaughter v. Dunitz
  436 F.2d 583· 7th Cir.· 1970-10-15 ·cited 2×
  A civil rights action under 42 U.S.C. § 1983 for inadequate representation in a state post-conviction proceeding is insufficient if the alleged damages are not proximately caused by the denial of counsel.