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

• WU v. Thomas
  863 F.2d 1543· 11th Cir.· 1989-01-23 ·cited 48×
  The court held that the district court erred in granting summary judgment, as the plaintiffs had not failed to exhaust administrative remedies, their claims were not barred by res judicata, their retaliation claims were valid under Title VII, and sovereign immunity did not bar al
• Marx v. Gumbinner
  855 F.2d 783· 11th Cir.· 1988-09-20 ·cited 48×
  The court held that it lacked jurisdiction to hear an interlocutory appeal from an order denying qualified immunity when the plaintiff also sought injunctive relief.
• Conner v. Reinhard
  847 F.2d 384· 7th Cir.· 1988-05-19 ·cited 48×
  The court held that the qualified immunity inquiry cannot be confined to a purely objective view when the legality of actions depends on the defendant's motive.
• Sevigny v. Dicksey
  846 F.2d 953· 4th Cir.· 1988-05-18 ·cited 48×
  The court held that the arresting officer was not entitled to qualified immunity because no reasonable officer could have believed probable cause existed for the arrest, and affirmed the jury's damages award, but reversed the expert witness fee award.
• Griess v. The State OF Colo.
  841 F.2d 1042· 10th Cir.· 1988-03-15 ·cited 48×
  The court held that state defendants are immune under the Eleventh Amendment, but individual defendants are not derivatively immune due to indemnification, though they are qualifiedly immune. The court affirmed the dismissal of claims against the state.
• Garcia v. Miera
  817 F.2d 650· 10th Cir.· 1987-04-28 ·cited 48×
  The court held that grossly excessive corporal punishment can violate a student's substantive due process rights and that the law was clearly established at the time of the incidents, thus reversing the grant of qualified immunity.
• Hogue v. Clinton
  791 F.2d 1318· 8th Cir.· 1986-05-27 ·cited 48×
  The court held that the plaintiff did not possess a property interest in continued employment under Arkansas law, but remanded for a determination of whether a liberty interest was violated due to public dissemination of stigmatizing reasons for termination.
• McCLARY v. O'Hare
  786 F.2d 83· 2d Cir.· 1986-03-17 ·cited 48×
  The court held that a public employee's death resulting from an employer's reckless disregard of safety regulations, without more, does not constitute a deprivation of life without due process under 42 U.S.C. § 1983, especially when the conduct is not uniquely governmental.
• Malak v. Associated Physicians, Inc.
  784 F.2d 277· 7th Cir.· 1986-02-24 ·cited 48×
  The court held that the district court erred in granting summary judgment because there was a genuine issue of material fact regarding whether the defendants' conduct constituted state action. The court reversed and remanded for further proceedings.
• Wycoff v. Menke
  773 F.2d 983· 8th Cir.· 1985-09-25 ·cited 48×
  The Supreme Court's decision in Wilson v. Garcia, which mandates that all section 1983 claims be governed by a state's personal injury statute of limitations, applies retroactively. Therefore, the plaintiff's claim is barred by Iowa's two-year statute of limitations.
• J & J Anderson, Inc. v. The Town OF Erie
  767 F.2d 1469· 10th Cir.· 1985-07-18 ·cited 48×
  The court held that while the district court erred in finding special circumstances to deny attorney fees, the plaintiffs could not substantially prevail on their § 1983 claim, thus affirming the denial of fees.
• Manecke v. Sch. Bd. OF Pinellas Cnty.
  762 F.2d 912· 11th Cir.· 1985-06-11 ·cited 48×
  The court held that the district court erred in dismissing the § 1983 due process claim, but correctly dismissed the § 504 claim for failure to allege discrimination.
• Christmas v. Lolita Sanders
  759 F.2d 1284· 7th Cir.· 1985-04-12 ·cited 48×
  The court held that the trial judge did not abuse her discretion in excluding police reports offered as prior consistent statements and in excluding evidence of the plaintiff's prior rape conviction.
• Yale Auto Parts, Inc. v. Johnson
  758 F.2d 54· 2d Cir.· 1985-03-20 ·cited 48×
  The court held that plaintiffs' interest in obtaining a zoning board of appeals certificate of location approval did not rise to the level of a property right protected by the Due Process Clause, and their equal protection claim was insufficient.
• Krohn v. United States
  742 F.2d 24· 1st Cir.· 1984-08-22 ·cited 48×
  Denials of absolute and qualified immunity are immediately appealable. Absolute immunity applies to federal officials acting within the outer perimeter of their line of duty, even if the means are questionable. Qualified immunity requires a prima facie showing of impropriety to d
• Tuveson v. Fla. Governor's Council ON Indian Affairs, Inc.
  734 F.2d 730· 11th Cir.· 1984-06-18 ·cited 48×
  The Florida Governor's Council on Indian Affairs, Inc. is an alter ego of the state and thus entitled to Eleventh Amendment immunity from suit in federal court for damages under 42 U.S.C.A. § 1983.
• Jones v. Cmty. Redev. Agency OF the City OF LOS Angeles
  733 F.2d 646· 9th Cir.· 1984-05-15 ·cited 48×
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 and that the district court properly denied leave to amend, thus affirming the dismissal of federal claims and the subsequent dismissal of state claims.
• Dep't OF Educ. v. Katherine D.
  727 F.2d 809· 9th Cir.· 1983-11-07 ·cited 48×
  The court held that the district court's finding that the Department of Education failed to offer a free appropriate public education was not clearly erroneous, and the staff's reluctance rendered the plan inadequate.
• Keating v. Hon. Hugh Carey
  706 F.2d 377· 2d Cir.· 1983-04-18 ·cited 48×
  The court held that the plaintiff's complaint stated a cause of action under 42 U.S.C. § 1985(2) and (3), extending protection to political affiliation.
• Dewey v. The Univ. OF NEW Hampshire
  694 F.2d 1· 1st Cir.· 1982-11-26 ·cited 48×
  The court held that the plaintiff's allegations in Count I were too conclusory to state a claim for retaliation under the First Amendment, and that the remaining counts were properly dismissed as time-barred.
• Hanson v. Town OF Flower Mound
  679 F.2d 497· 5th Cir.· 1982-07-02 ·cited 48×
  The court held that it has jurisdiction to hear an appeal from a final decision even if no separate judgment document was entered, provided the appellee does not object. The court also held that claims regarding the republican form of government and an arrest without probable cau
• Tarpley v. Greene
  684 F.2d 1· D.C. Cir.· 1982-07-02 ·cited 48×
  The court held that the District Court erred in granting summary judgment for officers Booth and Greene regarding the June 9, 1978 search because it applied an erroneous legal standard requiring proof of assault and battery. The court also held that municipalities are not subject
• Wheatley v. Police Officers Michael Ford
  679 F.2d 1037· 2d Cir.· 1982-05-18 ·cited 48×
  The court held that the $55,000 damages award was excessive and reduced it to $25,000, and that the $10,000 bonus portion of the attorney's fees award was unwarranted, but affirmed the lodestar amount.
• Smith v. Gonzales
  670 F.2d 522· 5th Cir.· 1982-03-15 ·cited 48×
  The court held that claims arising from arrests made under facially valid warrants or with probable cause, as determined by an independent intermediary, should have been dismissed. The court affirmed the jury's verdict regarding the warrantless arrest for carnal knowledge.
• Kincaid v. Rusk
  670 F.2d 737· 7th Cir.· 1982-02-10 ·cited 48×
  The court held that a pretrial detainee's First and Fourteenth Amendment rights were violated by jail policies arbitrarily restricting access to reading material, and that the sheriff was not immune from liability for these violations.
• Taylor v. Kavanagh
  640 F.2d 450· 2d Cir.· 1981-01-26 ·cited 48×
  A prosecutor's actions in plea bargaining are protected by absolute immunity under 42 U.S.C. § 1983, and damages cannot be recovered for harm resulting from such conduct.
• Endicott v. Huddleston
  644 F.2d 1208· 7th Cir.· 1980-08-15 ·cited 48×
  The court held that while the plaintiff suffered a procedural due process violation due to an inadequate initial hearing, a subsequent adequate hearing remedied this wrong, and he is entitled to damages only for interim injuries. The court also found insufficient evidence of a co
• Clark v. Musick
  623 F.2d 89· 9th Cir.· 1980-07-10 ·cited 48×
  The Ninth Circuit held that 42 U.S.C. § 1983 claims arising in Oregon are subject to the six-year statute of limitations for liabilities created by statute, not the two-year limit for tort claims. The court reversed the district court's dismissal of the claims as time-barred.
• Wood v. Worachek
  618 F.2d 1225· 7th Cir.· 1980-04-08 ·cited 48×
  The court held that an amendment substituting a party defendant after the statute of limitations has run does not relate back under Rule 15(c) if the defendant did not have notice of the action or know that the action would have been brought against him but for a mistake in ident
• Waltruent Margarete Rosa Morrison v. Jones
  607 F.2d 1269· 9th Cir.· 1979-10-19 ·cited 48×
  The court held that the District Attorney and Clerk of Superior Court were immune, but reversed summary judgment for the remaining defendants, finding they were not entitled to absolute immunity and the record was insufficient to establish qualified immunity.
• Corley v. Jackson Police Dep't
  566 F.2d 994· 5th Cir.· 1978-01-30 ·cited 48×
  The district court erred by failing to apply the correct legal standard for pretext in a Title VII discrimination case, thus its findings of fact are tainted and require reversal.
• Stypmann v. The City & Cnty. OF SAN Francisco
  557 F.2d 1338· 9th Cir.· 1977-07-21 ·cited 48×
  The court held that California Vehicle Code § 22851 and the San Francisco ordinance, which establish a possessory lien for towage and storage fees without adequate prior or post-seizure hearing, violate the Due Process Clause.
• Colaizzi v. Walker
  542 F.2d 969· 7th Cir.· 1976-09-14 ·cited 48×
  The court held that the press release containing serious allegations against public employees, coupled with their discharge, deprived them of a liberty interest protected by the Fourteenth Amendment, requiring due process.
• Witt Campbell v. Gadsden Cnty. Dist. Sch. Bd.
  534 F.2d 650· 5th Cir.· 1976-07-02 ·cited 48×
  The court held that the plaintiff's reassignment violated Singleton v. Jackson, that Eleventh Amendment did not bar back pay claims against the county school board, and that attorneys' fees were appropriate.
• Cordeco Dev. Corp. v. Vasquez
  539 F.2d 256· 1st Cir.· 1976-06-25 ·cited 48×
  The court affirmed the district court's finding of liability for Mercado and Acevedo under 42 U.S.C. § 1983 for denying equal protection, but reversed the award of attorney's fees.
• Conn. State Fed'n OF Teachers v. Bd. OF Educ. Members
  538 F.2d 471· 2d Cir.· 1976-05-21 ·cited 48×
  The court held that the denial of access to school facilities for minority union communications did not violate the First Amendment due to the non-public nature of the facilities and availability of alternative communication channels. The court also found that dues check-off priv
• Ramsay v. Bailey
  531 F.2d 706· 5th Cir.· 1976-05-12 ·cited 48×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not abuse its discretion in dismissing the action with prejudice for want of prosecution due to the plaintiff's prolonged pattern of delay and failure to comply with court orders.
• Earnest Bach and Robert Pryor v. Coughlin
  508 F.2d 303· 7th Cir.· 1974-12-20 ·cited 48×
  The court held that a prisoner's parole moots his prospective claims, and that prison postage regulations are a reasonable balance of prisoner rights and institutional costs, thus not denying access to courts.
• Kaiser v. Cahn
  510 F.2d 282· 2d Cir.· 1974-12-19 ·cited 48×
  The court affirmed the grant of summary judgment, holding that the plaintiff's claim was untimely because New York law, as applied under federal common law, does not permit 'tacking' of tolling periods after a release from imprisonment.
• James v. Pinnix
  495 F.2d 206· 5th Cir.· 1974-06-10 ·cited 48×
  The court held that the self-help repossession of collateral by a secured creditor under Mississippi Code § 9-503 does not constitute state action, and therefore does not give rise to a claim under 42 U.S.C. § 1983.
• Gomes v. Travisono
  490 F.2d 1209· 1st Cir.· 1973-12-28 ·cited 48×
• Ward v. ST. Anthony Hosp.
  476 F.2d 671· 10th Cir.· 1973-04-04 ·cited 48×
  The court held that receiving federal funds, tax exemptions, and being subject to regulation is insufficient to establish state action for federal jurisdiction under 42 U.S.C. § 1983 without a showing of state involvement in the specific activity causing the alleged injury. The c
• Lucas v. Wis. Elec. Power Co.
  466 F.2d 638· 7th Cir.· 1972-08-02 ·cited 48×
• Clay L. Shaw v. Garrison
  467 F.2d 113· 5th Cir.· 1972-07-31 ·cited 48×
  A finding of bad faith or harassment in a state criminal prosecution is equivalent to showing irreparable injury, thus satisfying the 'special circumstances' requirement for federal courts to enjoin such proceedings under Younger v. Harris.
• Norcott Corby v. Conboy
  457 F.2d 251· 2d Cir.· 1972-03-15 ·cited 48×
• Kelly v. Guinn
  456 F.2d 100· 9th Cir.· 1972-02-22 ·cited 48×
  The court held that the school district's construction and teacher assignment policies aggravated racial segregation in elementary schools, constituting a constitutional violation, and affirmed the district court's remedial orders while remanding the issue of vacating the stay.
• Smith v. Robbins
  454 F.2d 696· 1st Cir.· 1972-01-18 ·cited 48×
  The court held that prison officials may not open mail addressed to a prisoner from an attorney in the prisoner's absence, even to check for contraband, without a strong justification. The court also vacated the dismissal of the prisoner's claim regarding good time forfeiture, re
• Dale v. Demarest J. Hahn
  440 F.2d 633· 2d Cir.· 1971-02-19 ·cited 48×
  The court held that a claim for deprivation of property rights, without more, does not state a cause of action under 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3) and (4).
• Collum v. Butler
  421 F.2d 1257· 7th Cir.· 1970-01-20 ·cited 48×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiff's appeal from the remittitur order was not reviewable, and the judgment should be affirmed despite an erroneous jury instruction on denial of contact/counsel, as the error was harmless.
• Underwood v. City of Bessemer
  11 F.4th 1317· 11th Cir.· 2021-09-02 ·cited 47×
  Marcus Underwood sued the City of Bessemer and two police officers for excessive force after they shot him approximately 20 times during a June 2014 encounter where his slowly-moving car came toward them on a residential street. The Eleventh Circuit affirmed summary judgment for