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

• Mastracchio v. Lieutenant Angelo Ricci & Providence Police Dep't
  498 F.2d 1257· 1st Cir.· 1974-06-24 ·cited 45×
  A state criminal conviction can have a collateral estoppel effect on a federal civil rights action if the issues decided in the criminal trial were essential to the conviction.
• Boraas v. The Vill. OF Belle Terre
  476 F.2d 806· 2d Cir.· 1973-02-27 ·cited 45×
  The dissenting judge argues that the Village's zoning ordinance is a rational means to achieve legitimate zoning objectives and should be upheld.
• Mrs. Susan Russo v. Cent. Sch. Dist. NO. 1
  469 F.2d 623· 2d Cir.· 1972-11-14 ·cited 45×
  A teacher's dismissal solely for refusing to participate in the daily flag salute ceremonies, when done respectfully and without disrupting the educational environment, violates their First Amendment rights.
• Donahue v. Staunton
  471 F.2d 475· 7th Cir.· 1972-07-06 ·cited 45×
  The court held that the plaintiff's speech, which was found to be disruptive and detrimental to the hospital's operations and patient care, provided justifiable reasons for termination, and thus no constitutional right was violated.
• Walker v. Olin G. Blackwell
  411 F.2d 23· 5th Cir.· 1969-05-14 ·cited 45×
  The court held that the denial of a special diet during Ramadan and the prohibition of correspondence with Elijah Muhammad were unconstitutional deprivations of religious freedom, while the denial of a specific radio broadcast was permissible.
• Carruth v. Bentley
  942 F.3d 1047· 11th Cir.· 2019-11-07 ·cited 44×
  The court held that the plaintiff failed to plausibly allege that the defendants caused his injuries and that the defendants violated clearly established constitutional rights, thus affirming the grant of qualified immunity.
• Hunter v. Leeds
  941 F.3d 1265· 11th Cir.· 2019-11-01 ·cited 44×
  Ronald Hunter Jr. sued police officers under federal law and Alabama state law alleging they used excessive force when Officer Kirk shot him multiple times during an arrest following a domestic disturbance call. The Eleventh Circuit held that Officer Kirk is not entitled to quali
• Club Madonna, Inc. v. City OF Miami Beach
  924 F.3d 1370· 11th Cir.· 2019-05-24 ·cited 44×
  The Eleventh Circuit held that most of the Club's claims challenging the City's ordinances were ripe for review, but affirmed the dismissal of due process claims for failure to state a claim and affirmed dismissal of a vagueness claim due to lack of standing.
• Russillo v. The Honorable Tony Scarborough
  935 F.2d 1167· 10th Cir.· 1991-06-18 ·cited 44×
  The court held that an at-will public employee does not have a constitutionally protected property interest in their job, and termination without a name-clearing hearing does not violate a liberty interest if no false and stigmatizing charges were disseminated by the employer. Th
• Amsden v. Moran
  904 F.2d 748· 1st Cir.· 1990-05-29 ·cited 44×
  The court held that the defendants were entitled to qualified immunity because their conduct did not violate clearly established constitutional rights, and the available state remedies were adequate to satisfy due process requirements.
• Santiago-Negron v. Modesto Castro-Davila
  865 F.2d 431· 1st Cir.· 1989-01-11 ·cited 44×
  The court held that a new trial on damages is required due to erroneous jury instructions on due process, but the jury's finding of political discrimination stands. Reinstatement is permissible despite illegal hiring practices.
• Kauffman v. Puerto RICO Tel. Co.
  841 F.2d 1169· 1st Cir.· 1988-02-03 ·cited 44×
  The court held that plaintiffs hired in violation of PRTC regulations had no property interest in their employment and thus no due process claim, and that they failed to present sufficient evidence of political motivation for their dismissals to survive summary judgment.
• Kitchen v. Chippewa Valley Schs.
  825 F.2d 1004· 6th Cir.· 1987-07-31 ·cited 44×
  The court held that the district court did not err in exercising pendent jurisdiction over the state law retaliation claim, nor in its jury instructions or decision to grant a jury trial for that claim. However, the court's finding of school board liability for retaliation under
• Aurea E. Vazquez Rios v. Colon
  819 F.2d 319· 1st Cir.· 1987-04-08 ·cited 44×
  The court held that the law regarding 'confidential' employees was not clearly established at the time of the Governor's discharge of domestic staff, thus he should be granted limited immunity.
• Culebras Enters. Corp. v. Rios
  813 F.2d 506· 1st Cir.· 1987-03-11 ·cited 44×
  The court held that the plaintiffs' claim for damages for a regulatory taking is premature because they have not exhausted available remedies in Puerto Rico courts, and that claims against officials in their official capacities are barred by the Eleventh Amendment.
• Pacheco v. Gonzalez
  809 F.2d 125· 1st Cir.· 1987-01-13 ·cited 44×
  The court held that defendants were not entitled to qualified immunity on the First Amendment claim because it was clearly established that transitory employees are protected from politically motivated non-renewal, but they were entitled to qualified immunity on the due process c
• Hipolito Rodriguez Rodriguez v. Munoz
  808 F.2d 138· 1st Cir.· 1986-12-18 ·cited 44×
  The dissenting judge argues that the majority improperly allowed the appellant to raise new issues on appeal, which constitutes impermissible 'sandbagging' and misinterprets established law regarding qualified immunity.
• Kunzelman v. Gervase Thompson
  799 F.2d 1172· 7th Cir.· 1986-08-25 ·cited 44×
  The court held that collateral estoppel did not apply because the defendants were not parties or privies to the prior state action, and that the plaintiff failed to demonstrate that inmates lacked adequate access to the courts through the public defender system.
• Huggins v. Isenbarger
  798 F.2d 203· 7th Cir.· 1986-08-08 ·cited 44×
  The court must give significant weight to the executive branch's interpretation of state law when state courts have not yet ruled on the matter, especially when that interpretation does not conflict with federal law or constitutional rights.
• Kibbe v. City OF Springfield
  777 F.2d 801· 1st Cir.· 1985-11-27 ·cited 44×
  The court held that a jury could reasonably find a municipality liable under 42 U.S.C. § 1983 for gross negligence in training its police officers, even if the harm resulted from a single evening's events, provided there is evidence beyond the incident itself linking the training
• French v. Owens
  777 F.2d 1250· 7th Cir.· 1985-11-26 ·cited 44×
  The court held that while overcrowding, double-celling, inhumane restraints, inadequate medical care, and poor kitchen facilities violated the Eighth Amendment, the district court erred in mandating specific compliance with fire/safety codes and in ordering equal access to rehabi
• Mrs. Peggy Gates v. Spinks
  771 F.2d 916· 5th Cir.· 1985-09-26 ·cited 44×
  The court held that all 42 U.S.C. § 1983 actions filed in Mississippi are governed by the one-year prescriptive period provided by Miss. Code Ann. § 15-1-35 for intentional torts.
• Hooks v. Hooks
  771 F.2d 935· 6th Cir.· 1985-08-23 ·cited 44×
• Mavis DAY v. S. Park Indep. Sch. Dist.
  768 F.2d 696· 5th Cir.· 1985-08-16 ·cited 44×
  A public employee's complaint to her superior about her individual teaching evaluation, even if framed as a grievance, is not protected by the First Amendment's petition clause if it does not involve a matter of public concern.
• Lewellyn Acoff v. D.E. Abston
  762 F.2d 1543· 11th Cir.· 1985-06-12 ·cited 44×
  The court held that the Garner decision on the use of deadly force applies retroactively and that Officer Abston is not entitled to qualified immunity based on the record, requiring further factual determination on remand. The denial of the motion to dismiss was affirmed.
• Brasslett v. Cota
  761 F.2d 827· 1st Cir.· 1985-05-16 ·cited 44×
  The court held that the plaintiff's discharge for speech made during a television interview violated his First Amendment rights, reversing the district court's decision on this claim.
• Farrar v. Cain
  756 F.2d 1148· 5th Cir.· 1985-04-08 ·cited 44×
  The court held that failure to object to jury instructions or interrogatories generally precludes appellate review, except for fundamental error, and affirmed the denial of damages except for nominal damages against one defendant.
• Hayes v. Shelby Mem'l Hosp.
  726 F.2d 1543· 11th Cir.· 1984-03-16 ·cited 44×
  A hospital's policy of firing a pregnant x-ray technician to protect her fetus from radiation exposure constitutes facial discrimination under the Pregnancy Discrimination Act, and the hospital failed to establish a BFOQ or business necessity defense.
• Rookard v. Health & Hosps. Corp.
  710 F.2d 41· 2d Cir.· 1983-06-09 ·cited 44×
  The court reversed the district court's dismissal, finding a glimmer of a prima facie case for reversal based on the chaotic conditions at Harlem Hospital and potential constitutional deprivations.
• Lossman v. Pekarske
  707 F.2d 288· 7th Cir.· 1983-05-16 ·cited 44×
  The court held that the plaintiffs failed to establish a causal connection between the alleged due process violation and any resulting injury, and that the state officers acted prudently in removing the children.
• Miofsky v. Superior Court OF the State OF Cal.
  703 F.2d 332· 9th Cir.· 1983-01-03 ·cited 44×
  A federal district court has subject matter jurisdiction over a civil rights action brought under 42 U.S.C. § 1983, even when the alleged infringement of rights arises from state court proceedings, and res judicata does not bar claims summarily denied by state appellate courts.
• McKEEVER v. Israel
  689 F.2d 1315· 7th Cir.· 1982-09-29 ·cited 44×
  The dissenting judge disagrees with the majority's decision to reverse the dismissal and remand for appointment of counsel and reconsideration of other issues, arguing the majority erred in directing counsel appointment and in its approach to prisoner civil rights cases.
• Berry v. McLEMORE
  670 F.2d 30· 5th Cir.· 1982-03-08 ·cited 44×
  A municipality cannot be held liable under § 1983 absent evidence that the constitutional deprivation was pursuant to an official policy or custom, and a plaintiff cannot recover attorney fees from a party dismissed from the suit. However, the district court abused its discretion
• PUE v. Sillas
  632 F.2d 74· 9th Cir.· 1980-06-25 ·cited 44×
  The court held that the district judge abused his discretion by ordering abstention because the state statutes at issue were clear and the presence of a 'mirror-image' state constitutional claim does not justify abstention.
• W. v. Norton
  620 F.2d 1375· 10th Cir.· 1980-03-06 ·cited 44×
  A private individual actively conspiring with an immune state official to deprive another of constitutional rights can be held liable under 42 U.S.C. § 1983, even if the state official is immune.
• Peel v. Fla. Dep't OF Transp.
  600 F.2d 1070· 5th Cir.· 1979-08-13 ·cited 44×
  The Eleventh Amendment does not prevent a federal court from ordering a state agency to reinstate a former employee under the Veterans' Reemployment Rights Act, as Congress has clearly abrogated state immunity for such suits.
• NEW York State Ass'n FOR Retarded Child., Inc. v. Carey
  596 F.2d 27· 2d Cir.· 1979-03-01 ·cited 44×
  The court held that the Consent Judgment required the State to fund additional staff for the Consumer Advisory Board as a necessary expense for carrying out its functions, even if not explicitly listed.
• Robbins v. The Dist. Court OF Worth Cnty.
  592 F.2d 1015· 8th Cir.· 1979-02-21 ·cited 44×
  The court held that the appellants' civil rights action was barred by the doctrine of res judicata because the issues and causes of action were the same as those litigated in prior state court proceedings.
• Perez v. BOU
  575 F.2d 21· 1st Cir.· 1978-05-05 ·cited 44×
  The court held that the defendant official was not immune from liability for summary suspensions, that plaintiffs were entitled to attorneys' fees under § 1988, and that nominal damages were appropriate for the intangible loss of civil rights.
• Beazer v. NEW York City Transit Auth.
  558 F.2d 97· 2d Cir.· 1977-06-22 ·cited 44×
  The court affirmed the district court's holding that the Transit Authority's blanket exclusion of methadone users violated constitutional rights and affirmed the award of attorneys' fees, but modified the fee award by eliminating the 'premium'. The court also reversed the denial
• GAY LIB v. The Univ. OF Mo.
  558 F.2d 848· 8th Cir.· 1977-06-08 ·cited 44×
  The court, evenly divided, denied the petition for rehearing en banc, meaning the panel's decision stands. Judge Gibson dissented, arguing the panel misapplied Fed. R. Civ. P. 52's clearly erroneous standard.
• Kite v. Kelley
  546 F.2d 334· 10th Cir.· 1976-11-29 ·cited 44×
  Federal officers cannot be held monetarily liable for a subordinate's misconduct absent an affirmative link showing their participation or acquiescence in the constitutional deprivation.
• Burt v. The Bd. OF Trs. OF Edgefield Cnty. Sch. Dist.
  521 F.2d 1201· 4th Cir.· 1975-08-06 ·cited 44×
  The court reversed the judgment because the defendants were denied their constitutional right to a jury trial.
• DOE v. Poelker
  515 F.2d 541· 8th Cir.· 1975-06-02 ·cited 44×
  The court held that the issue of attorneys' fees based on the bad faith exception was not properly raised and therefore could not be considered on appeal.
• DRY Creek Lodge, Inc. v. The United States
  515 F.2d 926· 10th Cir.· 1975-05-09 ·cited 44×
  The court held that the district court erred in dismissing the case for lack of jurisdiction and on the merits without proper notice and a full hearing, as the plaintiffs' allegations sufficiently invoked federal jurisdiction.
• Spence v. Patience Latting
  512 F.2d 93· 10th Cir.· 1975-02-26 ·cited 44×
  The court held that the plaintiff's federal claims were barred by res judicata because he had the opportunity to litigate them in prior state court actions.
• Bichel Optical Labs., Inc. v. The Marquette Nat'l Bank OF Minneapolis
  487 F.2d 906· 8th Cir.· 1973-11-07 ·cited 44×
  The court held that a bank's seizure of a borrower's funds and collateral under a loan agreement, even if authorized by state statute, does not constitute state action for purposes of a 42 U.S.C. § 1983 claim.
• DOE v. Bellin Mem'l Hosp.
  479 F.2d 756· 7th Cir.· 1973-06-01 ·cited 44×
  A private hospital's refusal to perform abortions, even if it receives federal or state funding and is state-regulated, does not violate 42 U.S.C. § 1983 unless the state directly influences or participates in the decision.
• Cockrum v. Whitney
  479 F.2d 84· 9th Cir.· 1973-05-09 ·cited 44×
  The court held that the trial judge erred in setting aside the jury verdict against the marshal because the judge improperly reweighed the evidence instead of viewing it in the light most favorable to the plaintiff. The judgment in favor of the sheriff's deputy was affirmed.
• Shakman v. The Democratic Org. OF Cook Cnty.
  435 F.2d 267· 7th Cir.· 1970-10-23 ·cited 44×
  The court held that the case presents a nonjusticiable political question, inappropriate for judicial consideration.