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

• Curry v. Baker
  802 F.2d 1302· 11th Cir.· 1986-10-01 ·cited 42×
  The court held that the district court erred in ordering a new primary election, finding that the party subcommittee's determination of the election contest based on statistical evidence and expert opinion was permissible and that prior rulings precluded relitigation of certain i
• Ratliff v. City OF Milwaukee
  795 F.2d 612· 7th Cir.· 1986-07-09 ·cited 42×
  The court affirmed the district court's findings, holding that the plaintiff was terminated due to poor job performance and not due to race or sex discrimination or retaliation for reporting police brutality.
• Lindquist v. Idaho State Bd. OF Corr.
  776 F.2d 851· 9th Cir.· 1985-11-15 ·cited 42×
  The court held that a constitutionally adequate law library, or adequate assistance from trained legal personnel, satisfies the inmates' right of meaningful access to the courts, and that the prison's current library and support system meet these minimum standards.
• Georgevich v. Judge Samuel Strauss
  772 F.2d 1078· 3d Cir.· 1985-09-05 ·cited 42×
  The court held that Pullman abstention is required because the case presents an unsettled question of state law regarding parole procedures that could obviate the need to decide a federal constitutional issue. The court also found that state judges are proper parties and that the
• Jones v. City OF Alton
  757 F.2d 878· 7th Cir.· 1985-03-12 ·cited 42×
  A state court judgment does not bar a federal civil rights action if the plaintiff was prevented from litigating the discrimination issue in state proceedings.
• Wali v. Coughlin
  754 F.2d 1015· 2d Cir.· 1985-02-05 ·cited 42×
  The court held that the Commissioner's refusal to allow inmates to receive a critical report on prison conditions, without applying established censorship guidelines or demonstrating a clear and present danger, violated their rights.
• Patrick v. LeFEVRE
  745 F.2d 153· 2d Cir.· 1984-09-19 ·cited 42×
  The court held that summary judgment was improperly granted because the sincerity and religious nature of the prisoner's beliefs, which are subjective issues of state of mind, presented genuine issues of material fact that required a trial.
• Irby v. Sullivan
  737 F.2d 1418· 5th Cir.· 1984-08-06 ·cited 42×
  The court held that Title VII provides the exclusive remedy for retaliation claims, precluding a section 1983 claim for such violations, but section 1981 can be a basis for a retaliation claim. The court also found that public employees without a property interest in employment a
• Goldie's Bookstore, Inc. v. The Superior Court OF the State OF Cal.
  739 F.2d 466· 9th Cir.· 1984-08-03 ·cited 42×
  The court should have abstained from hearing the case due to important state interests implicated in the unlawful detainer proceedings.
• Whisenant v. Yuam
  739 F.2d 160· 4th Cir.· 1984-07-17 ·cited 42×
  The court held that the district court abused its discretion by refusing to appoint counsel for an indigent plaintiff with a colorable claim and lacking capacity to represent himself, and that the jury instructions regarding punitive purpose and good faith defense were erroneous.
• Russell v. Harrison
  736 F.2d 283· 5th Cir.· 1984-07-16 ·cited 42×
  The court held that summary judgment for the defendants on the substantive due process claim was proper, but summary judgment on the procedural due process claim was in error due to unresolved factual disputes regarding the availability of a hearing.
• Powers v. COE
  728 F.2d 97· 2d Cir.· 1984-02-10 ·cited 42×
  A guilty plea does not moot a § 1983 claim for constitutional violations occurring prior to the plea, and prosecutorial immunity does not bar claims arising from press leaks or illegal wiretaps.
• B.C.R. Transp. Co., Inc. v. Fontaine
  727 F.2d 7· 1st Cir.· 1984-02-08 ·cited 42×
  The court held that a jury could reasonably find that a police officer lacked probable cause and acted in bad faith when obtaining warrants based on an alleged victim's uncorroborated story, and that collateral estoppel did not bar a civil rights action when the issue of probable
• Union Cnty. Jail Inmates v. DI Buono
  713 F.2d 984· 3d Cir.· 1983-08-11 ·cited 42×
  The court held that while overcrowding conditions at the jail may be constitutionally problematic, the Commissioner's actions in assigning state prisoners to the jail were not unconstitutional, and the district court erred in voiding the Executive Orders and enjoining the Commiss
• Clulow v. State OF Okla.
  700 F.2d 1291· 10th Cir.· 1983-02-22 ·cited 42×
  The court held that the district court correctly dismissed the plaintiff's claims, affirming the dismissal of Counts One through Four as time-barred and Count Five for lack of jurisdiction and immunity, and Count Six for failure to state a claim.
• In re The Justices OF the Supreme Court OF Puerto RICO
  695 F.2d 17· 1st Cir.· 1982-12-08 ·cited 42×
  The court held that the Justices of the Supreme Court of Puerto Rico are entitled to a writ of mandamus to dismiss claims against them regarding membership and dues statutes, as they act as neutral adjudicators and no case or controversy exists. However, the Puerto Rico Bar Assoc
• Barrett v. United States
  689 F.2d 324· 2d Cir.· 1982-09-13 ·cited 42×
  The court held that disputed factual issues regarding the accrual of the plaintiffs' claims under the Federal Tort Claims Act and § 1983, stemming from alleged government concealment of wrongdoing, preclude summary judgment and require a trial.
• Bronze Shields, Inc. v. The NEW Jersey Dep't OF Civil Serv.
  667 F.2d 1074· 3d Cir.· 1981-12-01 ·cited 42×
  The court held that Title VII charges filed after the 180-day period following the promulgation of a discriminatory eligibility roster, but before the roster's use for hiring, were untimely. The court also held that claims under 42 U.S.C. § 1981 require proof of intentional discr
• White v. Thomas
  660 F.2d 680· 5th Cir.· 1981-11-06 ·cited 42×
  Summary judgment for damages under section 1983 is affirmed, but the case is remanded for a name-clearing hearing regarding the allegation that the deputy lied on his employment application.
• Garrick v. City & Cnty. OF Denver
  652 F.2d 969· 10th Cir.· 1981-06-29 ·cited 42×
  The court held that the jury's punitive damage award was not excessive and did not shock the judicial conscience, affirming the trial court's denial of a new trial or remittitur.
• Parker v. Cook
  642 F.2d 865· 5th Cir.· 1981-04-17 ·cited 42×
  The court held that while the conditions of administrative segregation at Glades Correctional Institution violated due process, a statewide injunction was inappropriate due to lack of factual development regarding other institutions and the plaintiff's specific challenge.
• Wright v. State OF Tenn.
  628 F.2d 949· 6th Cir.· 1980-08-11 ·cited 42×
  The Sixth Circuit en banc held that the 180-day notice requirement under the ADEA is not a jurisdictional prerequisite, allowing for equitable tolling, and overruled prior precedent to the contrary.
• Gamza v. Aguirre
  619 F.2d 449· 5th Cir.· 1980-06-19 ·cited 42×
  The court held that an isolated, unintentional miscount of votes in a state election, even if accompanied by subsequent attempts to conceal the error, does not constitute a deprivation of federal constitutional rights actionable under 42 U.S.C. § 1983.
• Johnson v. Rogers
  621 F.2d 300· 8th Cir.· 1980-05-07 ·cited 42×
  The court held that a sheriff cannot deduct a settlement amount from a judgment against him when the settlement release did not require it and Minnesota law would not allow it. The court also held that the plaintiff's consent to a remittitur barred her appeal of that order.
• NeSMITH v. Fulton
  615 F.2d 196· 5th Cir.· 1980-04-07 ·cited 42×
  The court held that the appeal was timely because the Adjutant General, a defendant, qualifies as a federal agency, and that the plaintiff's claim regarding his civilian technician dismissal is not subject to judicial review due to the internal military affairs doctrine, while hi
• Oldham v. Eldin J. Ehrlich
  617 F.2d 163· 8th Cir.· 1980-03-12 ·cited 42×
  The court held that a substantial constitutional claim provided federal jurisdiction for pendent statutory claims, and that attorneys' fees under 42 U.S.C. § 1988 should not be reduced because the attorneys worked for a legal aid organization.
• Fisher v. Flynn
  598 F.2d 663· 1st Cir.· 1979-05-08 ·cited 42×
  The court held that the plaintiff failed to allege sufficient facts to state a claim for sex discrimination, specifically lacking a nexus between alleged romantic advances and her termination.
• Zoll v. E. Allamakee Cmty. Sch. Dist.
  588 F.2d 246· 8th Cir.· 1978-12-07 ·cited 42×
  The court held that there was sufficient evidence of retaliatory motive to support the jury verdict, and that the jury instruction was not reversible error, but vacated the attorney fee award and remanded for reconsideration of post-trial back pay and attorney fees.
• Seymour F. Cotton, Jr. v. Hutto
  577 F.2d 453· 8th Cir.· 1978-06-15 ·cited 42×
  The court held that a prisoner's claims for damages against prison officials are barred if predicated solely on a respondeat superior theory, which does not apply in § 1983 suits.
• Expeditions Unlimited Aquatic Enters., Inc. v. Smithsonian Inst.
  566 F.2d 289· D.C. Cir.· 1977-09-16 ·cited 42×
  The court, in a concurring opinion, acknowledges the difficulty in reconciling the absolute immunity for federal officials under Barr v. Matteo with evolving jurisprudence on public servant liability, but ultimately adheres to controlling precedent.
• Shouse v. Pierce Cnty.
  559 F.2d 1142· 9th Cir.· 1977-08-25 ·cited 42×
  The court held that the statutory limitation period for challenging the formation of a Utility District is not applicable to a federal civil rights action, and that the protest provisions of the statute are severable from the remainder, meaning their potential invalidity would no
• Div. 241 Amalgamated Transit Union (AFL-CIO) v. Suscy
  538 F.2d 1264· 7th Cir.· 1976-07-22 ·cited 42×
  The court held that the Chicago Transit Authority's rules requiring bus operators to submit to blood and urine tests under certain circumstances are facially constitutional under the Fourth and Fourteenth Amendments.
• Boston M. Chance v. The Bd. OF Exam'rs & the Bd. OF Educ. OF THE City OF NEW York
  534 F.2d 993· 2d Cir.· 1976-01-19 ·cited 42×
  A facially neutral excessing plan based on seniority does not discriminate against minorities, and imposing racial quotas on such a plan constitutes impermissible reverse discrimination.
• Bonner v. Cir. Court OF the City OF ST. Louis
  526 F.2d 1331· 8th Cir.· 1975-11-28 ·cited 42×
• Grow v. Fisher
  523 F.2d 875· 7th Cir.· 1975-10-09 ·cited 42×
  A prosecutor is immune from suit under 42 U.S.C. § 1983 for actions taken within the scope of his prosecutorial discretion, and private citizens acting in concert with an immune prosecutor are not acting under color of state law unless they have control over the prosecution.
• Stengel v. Belcher
  522 F.2d 438· 6th Cir.· 1975-09-16 ·cited 42×
  The court held that an off-duty police officer acting within the scope of his duties, even if exceeding his authority, acts under color of state law for purposes of 42 U.S.C. § 1983, and that the trial court did not err in admitting medical records or excluding evidence of prior
• Detainees OF the Brooklyn House OF Detention FOR MEN v. Malcolm
  520 F.2d 392· 2d Cir.· 1975-07-31 ·cited 42×
  The court held that double celling of pretrial detainees in 5x8 cells constitutes an unconstitutional deprivation of due process and equal protection rights.
• Murray Tillman v. Wheaton-Haven Rec. Ass'n, Inc.
  517 F.2d 1141· 4th Cir.· 1975-04-15 ·cited 42×
  Directors are personally liable for intentionally causing a corporation to violate civil rights statutes, and attorneys' fees can be awarded to volunteer lawyers or donated to civil rights organizations.
• Gerard and Gemma Brault v. Town OF Milton
  527 F.2d 730· 2d Cir.· 1975-02-24 ·cited 42×
• Charline Hamilton v. Jess Chaffin
  506 F.2d 904· 5th Cir.· 1975-01-15 ·cited 42×
  The court affirmed the trial court's judgment, holding that the City of Booneville is immune from suit under Section 1983 and that the jury's verdict on the remaining claims was supported by the evidence and proper instructions.
• Brubaker v. King
  505 F.2d 534· 7th Cir.· 1974-11-07 ·cited 42×
  Law enforcement officers are entitled to a defense if they acted in good faith with a reasonable belief in the constitutionality of their actions, even if probable cause was not ultimately established.
• Cleaver v. Wilcox
  499 F.2d 940· 9th Cir.· 1974-06-07 ·cited 42×
  The court held that while injunctive relief was inappropriate due to lack of irreparable harm and Younger considerations, declaratory relief regarding the right to appointed counsel in child dependency cases was proper.
• Wellner v. Minn. State Junior Coll. Bd.
  487 F.2d 153· 8th Cir.· 1973-10-23 ·cited 42×
• The City OF NEW York v. Elliott L. Richardson
  473 F.2d 923· 2d Cir.· 1973-01-26 ·cited 42×
  The court held that the Social Security Act's financing scheme is constitutional and that the state's method of distributing welfare costs among its districts raises a substantial Equal Protection claim warranting a three-judge court.
• Duncan v. Nelson
  466 F.2d 939· 7th Cir.· 1972-03-29 ·cited 42×
  The court held that while a plaintiff cannot recover damages for conviction and incarceration resulting from an improperly admitted involuntary confession, they may still pursue a claim for harm suffered due to the unlawful interrogation itself.
• Wulp v. Corcoran
  454 F.2d 826· 1st Cir.· 1972-01-11 ·cited 42×
  A city ordinance requiring permits and badges for selling newspapers and other printed materials on the streets is unconstitutional on its face, violating First Amendment rights.
• United States ex rel. Burwell L. Jones v. Bundle
  453 F.2d 147· 3d Cir.· 1971-12-28 ·cited 42×
  The court held that summary judgment was improperly granted because genuine issues of material fact existed regarding the prisoner's religious freedom claim.
• Addie Moore v. The Bd. OF Educ. OF the Chidester Sch. Dist. NO. 59
  448 F.2d 709· 8th Cir.· 1971-09-13 ·cited 42×
  A school district's failure to offer previously employed black teachers positions in an integrated system, when white teachers were retained and vacancies arose, constitutes unlawful racial discrimination.
• Gautreaux v. The Chicago Hous. Auth.
  436 F.2d 306· 7th Cir.· 1970-12-16 ·cited 42×
  The court held that the Chicago Housing Authority waived its right to object to the informal procedure and lack of formal notice regarding the timetable order, and that imposing such a timetable was not an abuse of discretion.
• Soglin v. Kauffman
  418 F.2d 163· 7th Cir.· 1969-10-24 ·cited 42×
  The court held that the University of Wisconsin's disciplinary proceedings based on the vague doctrine of "misconduct" violate the First and Fourteenth Amendments.