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

• Korf v. Ball State Univ.
  726 F.2d 1222· 7th Cir.· 1984-02-08 ·cited 50×
  The court held that the district court did not err in granting summary judgment to the defendants, affirming the dismissal of the professor's constitutional and state law claims.
• Minority Police Officers Ass'n OF S. Bend v. City OF S. Bend
  721 F.2d 197· 7th Cir.· 1983-11-10 ·cited 50×
  The court held that partial summary judgments on time-barred claims and class certification are not immediately appealable under Rule 54(b) due to significant factual overlap, but the dismissal of the hiring discrimination claim is appealable.
• Aitchison v. Raffiani
  708 F.2d 96· 3d Cir.· 1983-05-13 ·cited 50×
  Members of a borough council, the mayor, and the borough attorney are entitled to absolute immunity for acts done in a legislative capacity, and the appropriate statute of limitations for suits against a municipality and its office holders in their official capacities is the stat
• Ms. Rosie Lee Pegues v. Miss. State Emp. Serv. OF the Miss. Emp. Sec. Comm'n
  699 F.2d 760· 5th Cir.· 1983-03-11 ·cited 50×
  The court held that the district court did not abuse its discretion in limiting the class to Bolivar County, but reversed and remanded regarding the dismissal of certain claims, finding that the testing issue fit the disparate impact model and that some referral evidence supporte
• Folsom Inv. Co., Inc. v. Maxie R. Moore
  681 F.2d 1032· 5th Cir.· 1982-08-06 ·cited 50×
  A private party invoking a presumptively valid state attachment statute is entitled to good faith immunity from monetary liability under § 1983, and res judicata does not bar a claim if the constitutional validity of the attachment was not litigated in state court.
• Jackson v. Hayakawa
  682 F.2d 1344· 9th Cir.· 1982-08-03 ·cited 50×
  The court held that the Eleventh Amendment does not bar actions for injunctive or declaratory relief against state officials sued in their official capacities under 42 U.S.C. § 1983, and that dismissal of certain defendants in their official capacities was erroneous.
• Harris v. Pirch
  677 F.2d 681· 8th Cir.· 1982-05-14 ·cited 50×
  The court held that there was insufficient evidence to support the jury's verdict against Sheriff Pirch and Deputy Kipping, and that Kipping was entitled to qualified immunity.
• Hastings v. Maine-Endwell Cent. Sch. Dist.
  676 F.2d 893· 2d Cir.· 1982-04-06 ·cited 50×
  The court held that it lacked jurisdiction to hear the appeal from the interim attorney's fees order, as it was neither a final order, an injunction, nor a certified interlocutory order.
• Bartholomew v. Watson
  665 F.2d 910· 9th Cir.· 1982-01-11 ·cited 50×
  The court held that attorneys' fees can be awarded for services performed in state court proceedings that are an essential part of a federal civil rights claim, and that fees should be based on work performed on prevailing issues.
• Jones v. Tex. Tech Univ.
  656 F.2d 1137· 5th Cir.· 1981-09-25 ·cited 50×
  The court held that the prior consent judgment barred the current lawsuit under res judicata, but reversed the award of attorneys' fees, finding the lawsuit was not frivolous.
• Muscare v. Quinn
  614 F.2d 577· 7th Cir.· 1980-02-13 ·cited 50×
  The court held that attorney's fees should only be awarded for the claim upon which the plaintiff prevailed, not for unsuccessful claims, and remanded for recalculation.
• de Quinonez v. Honorable Julio Cesar Perez
  596 F.2d 486· 1st Cir.· 1979-03-30 ·cited 50×
  The court denied the petition for rehearing, finding the defendants' failure to bring a controlling statutory amendment to the court's attention inexcusable.
• Durso v. Rowe
  579 F.2d 1365· 7th Cir.· 1978-07-19 ·cited 50×
  Revocation of a prisoner's work-release status may implicate a constitutionally protected liberty interest if based on state law or practice conditioning such revocation upon proof of misconduct or specified events, and equal protection claims are not limited to suspect classific
• Sweeney v. Bd. OF Trs. OF Keene State Coll.
  569 F.2d 169· 1st Cir.· 1978-01-04 ·cited 50×
  The court held that circumstantial evidence and statistics can establish a prima facie case of disparate treatment under Title VII, and that the defendants failed to rebut the plaintiff's evidence of sex discrimination in her second promotion attempt.
• Williams v. Anderson
  562 F.2d 1081· 8th Cir.· 1977-08-31 ·cited 50×
  The court held that the plaintiffs established a prima facie case of purposeful racial discrimination in the Brinkley School District's hiring and employment practices. However, the court found that the defendants rebutted the presumption of discrimination for some individual cla
• Bowring v. Mills E. Godwin
  551 F.2d 44· 4th Cir.· 1977-03-18 ·cited 50×
  Prisoners are entitled to psychological or psychiatric treatment if it is medically necessary and can be provided at reasonable cost.
• Stone v. Morris
  546 F.2d 730· 7th Cir.· 1976-12-10 ·cited 50×
  A district court has the discretion to compel an incarcerated party's presence at trial via writ of habeas corpus ad testificandum, and a prison memorandum may be admissible under the business records exception if a proper foundation is laid.
• Bennett v. Passic
  545 F.2d 1260· 10th Cir.· 1976-09-29 ·cited 50×
  The court held that the district court did not err in denying the motion to proceed in forma pauperis because the appellant's claims were frivolous.
• McLELLAN v. Miss. Power & Light Co.
  526 F.2d 870· 5th Cir.· 1976-02-05 ·cited 50×
  The court held that a petition for rehearing en banc should be granted.
• Buhr v. Buffalo Pub. Sch. Dist. NO. 38
  509 F.2d 1196· 8th Cir.· 1974-12-31 ·cited 50×
  A non-tenured public school teacher's termination does not violate due process unless it deprives them of a constitutionally protected liberty or property interest.
• McDONNELL v. Wolff
  483 F.2d 1059· 8th Cir.· 1973-08-02 ·cited 50×
• Simard v. Bd. OF Educ. OF the Town OF Groton
  473 F.2d 988· 2d Cir.· 1973-01-30 ·cited 50×
  The court affirmed the district court's dismissal, holding that the plaintiff teacher's constitutional rights were not violated by the denial of tenure.
• Bishop v. Colaw
  450 F.2d 1069· 8th Cir.· 1971-10-27 ·cited 50×
  The court affirmed the denial of a rehearing en banc, finding that the suggestion for rehearing failed to obtain the necessary majority vote.
• Nolan v. Palmer C. Scafati
  430 F.2d 548· 1st Cir.· 1970-08-14 ·cited 50×
  The court held that a prisoner's allegations of denial of due process and denial of access to the courts by prison officials state claims upon which relief may be granted, requiring further factual determination.
• Crews v. Cloncs
  432 F.2d 1259· 7th Cir.· 1970-08-10 ·cited 50×
  The court held that the school district failed to provide a substantial justification for excluding a student based on his long hair, violating his constitutional rights.
• Albert Edwin Church, II v. Hegstrom
  416 F.2d 449· 2d Cir.· 1969-10-09 ·cited 50×
  A complaint alleging only negligence in providing medical care to a state prisoner is insufficient to state a claim under 42 U.S.C. § 1983.
• Jones v. Hopper
  410 F.2d 1323· 10th Cir.· 1969-05-19 ·cited 50×
  The dissenting judge holds that the complaint sufficiently alleges a violation of First Amendment rights, and therefore the case should proceed to trial.
• Stiltner v. Rhay
  371 F.2d 420· 9th Cir.· 1967-01-05 ·cited 50×
  The court held that the amended complaint failed to state a claim under the Civil Rights Act, as the alleged deprivations did not violate constitutional guarantees.
• Morton Birnbaum v. Trussell
  347 F.2d 86· 2d Cir.· 1965-06-17 ·cited 50×
• Sostre v. McGINNIS
  334 F.2d 906· 2d Cir.· 1964-07-30 ·cited 50×
  The court held that while prisoners have religious rights, these are subject to significant limitations necessary for prison discipline, and state authorities should be given the first opportunity to establish rules for these rights.
• Baldwin v. Morgan
  251 F.2d 780· 5th Cir.· 1958-01-14 ·cited 50×
  The majority erred in finding federal court jurisdiction over the Birmingham Terminal Company.
• Ortega v. Ragen
  216 F.2d 561· 7th Cir.· 1954-11-01 ·cited 50×
  The court held that a prisoner's complaint alleging a warden refused to deliver a letter, without alleging facts showing a violation of a specific federal right, fails to state a cause of action under 42 U.S.C.A. § 1983.
• Andrews v. City OF Philadelphia & Wilson W. Goode
  895 F.2d 1469· 3d Cir.· 1990-02-08 ·cited 49×
  The court held that the jury's findings on § 1983 claims were not sufficient to establish a Title VII hostile work environment claim, and that certain judgments n.o.v. were appropriate while others were not.
• Melear v. Spears
  862 F.2d 1177· 5th Cir.· 1989-01-12 ·cited 49×
  Qualified immunity shields officials if their actions were reasonably thought consistent with established rights, assessed by objective reasonableness against clearly established law.
• Guillermina Cortes-Quinones v. Jimenez-Nettleship
  842 F.2d 556· 1st Cir.· 1988-03-28 ·cited 49×
  The court held that the jury's finding of deliberate indifference regarding prisoner's death was supported by sufficient evidence, denying qualified immunity on liability, but vacated the damages and attorney fees awards for further proceedings.
• Schaper v. City OF Huntsville
  813 F.2d 709· 5th Cir.· 1987-04-06 ·cited 49×
  The court held that allegations of bias and conspiracy in pre-termination hearings, even if true, do not state a procedural or substantive due process claim when a post-termination administrative remedy is available.
• Rutherford v. City OF Berkeley
  780 F.2d 1444· 9th Cir.· 1986-01-21 ·cited 49×
  The court held that the plaintiff stated a claim under 42 U.S.C. § 1983 for substantive due process violations, and that the district court erred in granting a directed verdict due to insufficient evidence.
• Stallworth v. Laquita Shuler
  777 F.2d 1431· 11th Cir.· 1985-12-11 ·cited 49×
  The court held that the district court's findings of intentional racial discrimination, back pay, compensatory damages, and punitive damages were not clearly erroneous and were supported by the evidence.
• Trujillo v. The Bd. OF Cnty. Comm'rs OF the Cnty. OF Santa FE
  768 F.2d 1186· 10th Cir.· 1985-07-26 ·cited 49×
  The court held that while parents have a constitutionally protected interest in their familial association with their child, a section 1983 claim for deprivation of this right requires an allegation that the state intended to interfere with that specific relationship.
• Howard v. Collins
  729 F.2d 108· 2d Cir.· 1984-02-22 ·cited 49×
  The court held that the provision of the Federal Magistrate Act of 1979 allowing a magistrate to try a civil case and enter final judgment upon consent is constitutional, and that the appellants' consent was validly obtained.
• McCRAE v. W.T. Hankins
  720 F.2d 863· 5th Cir.· 1983-12-05 ·cited 49×
  The court held that while prison regulations created a liberty interest in avoiding extended lockdown, the procedures afforded were constitutionally adequate. However, the court reversed the dismissal of the property claim, finding that an intentional deprivation of property is n
• Turpin v. Mailet
  579 F.2d 152· 2d Cir.· 1978-06-05 ·cited 49×
  The court, in a concurring opinion, argues that the dissent's concerns about unlimited municipal liability for constitutional violations are overstated and fail to consider existing limitations and legal developments.
• Bireline v. Seagondollar
  567 F.2d 260· 4th Cir.· 1977-12-12 ·cited 49×
  The court held that the district court did not err in allowing the defendants to amend their answer to assert the statute of limitations and in granting summary judgment based on that statute.
• Girard v. 94TH St. & Fifth Ave. Corp.
  530 F.2d 66· 2d Cir.· 1976-01-13 ·cited 49×
  The court held that allegations of individual defendants acting in personal capacities for personal benefit, even within a corporate structure, can support a conspiracy claim under 42 U.S.C. § 1985(3) and justify pendent jurisdiction over a state law claim.
• Roseboro v. Garrison
  528 F.2d 309· 4th Cir.· 1975-10-15 ·cited 49×
  The court held that a pro se plaintiff must be given fair notice of the requirements of the summary judgment rule before summary judgment can be entered against them.
• LaREAU v. Ellis C. MacDOUGALL
  473 F.2d 974· 2d Cir.· 1972-12-15 ·cited 49×
  The court held that the conditions in the strip cell and the penalty imposed violated LaReau's Eighth Amendment rights.
• Hawkins v. Town OF Shaw
  437 F.2d 1286· 5th Cir.· 1971-01-23 ·cited 49×
  The court held that the district court's factual conclusion that service disparities were not race-based was clearly erroneous, and it was error not to apply the strict scrutiny standard for racial classifications under the Equal Protection Clause.
• Briscoe v. Kusper
  435 F.2d 1046· 7th Cir.· 1970-12-22 ·cited 49×
• Brown v. Dixie Herlong Chastain
  416 F.2d 1012· 5th Cir.· 1969-08-04 ·cited 49×
  The district court erred in dismissing the case for lack of jurisdiction. Federal courts have jurisdiction under 28 U.S.C. § 1343 to hear claims alleging deprivation of constitutional rights by state judicial officers. The Rooker-Feldman doctrine does not preclude this jurisdicti
• Clark Davenport Snell v. Conley Tunnell
  920 F.2d 673· 10th Cir.· 1990-11-30 ·cited 48×
  The court held that the non-attorney DHS employees were acting in an investigative capacity and thus not entitled to absolute immunity, and that the DHS attorney was not entitled to absolute immunity for seeking an order based on false information. The court also affirmed the den