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

• Goss v. State OF Ill.
  312 F.2d 257· 7th Cir.· 1963-01-24 ·cited 42×
  The Civil Rights Act does not grant federal district courts jurisdiction to collaterally attack a state criminal contempt conviction affirmed by the highest state court.
• Alston v. Swarbrick
  954 F.3d 1312· 11th Cir.· 2020-03-26 ·cited 41×
  The court held that a genuine dispute of material fact exists regarding whether Officer Swarbrick had probable cause to arrest Alston for disorderly conduct and resisting an officer, and whether the prolonged use of pepper spray constituted excessive force.
• Bonny Edward Taylor v. Hughes
  920 F.3d 729· 11th Cir.· 2019-04-03 ·cited 41×
  The court held that genuine disputes of material fact existed regarding whether the jail guards were deliberately indifferent to the detainee's serious medical needs, precluding summary judgment.
• Redner v. Dean
  29 F.3d 1495· 11th Cir.· 1994-08-26 ·cited 41×
  Joseph Redner challenged the constitutionality of a Citrus County, Florida ordinance regulating adult entertainment establishments after being convicted of operating such a facility without a license. The district court granted Redner's habeas corpus petition, finding the ordinan
• C.T. Akins v. Snow
  922 F.2d 1558· 11th Cir.· 1991-02-07 ·cited 41×
  The court held that the Georgia Board of Pardons and Paroles' application of its new rules, which extended the period between parole reconsideration hearings from annual to once every eight years, violated the ex post facto clause of the U.S. Constitution.
• Brady v. Town OF Colchester
  863 F.2d 205· 2d Cir.· 1988-12-01 ·cited 41×
  The court held that the Bradys presented sufficient evidence to create a genuine issue of material fact regarding their equal protection and substantive due process claims, requiring reversal of summary judgment on those claims.
• Lanford D. Tribble v. Booth Gardner
  860 F.2d 321· 9th Cir.· 1988-10-25 ·cited 41×
  The court held that the district court correctly denied the defendants' motion for summary judgment based on qualified immunity because the inmate presented sufficient evidence that the digital rectal searches were conducted for punitive purposes unrelated to legitimate security
• Jeryline Ransom v. Marrazzo
  848 F.2d 398· 3d Cir.· 1988-05-25 ·cited 41×
  The court held that the City of Philadelphia's policy of denying water and sewer service to subsequent property owners for prior customers' delinquent charges is constitutionally permissible under state and local law, and that the promulgation of new regulations mooted notice cha
• Citizens FOR A Better Gretna v. City OF Gretna
  834 F.2d 496· 5th Cir.· 1987-12-23 ·cited 41×
  The court held that the district court's finding of a Voting Rights Act Section 2 violation was not clearly erroneous, affirming the injunction against Gretna's at-large election system.
• Bennett v. Tucker
  827 F.2d 63· 7th Cir.· 1987-08-11 ·cited 41×
  The court held that the district court erred in granting summary judgment, as neither laches nor untimeliness barred the plaintiffs' due process claims, and the Eleventh Amendment and indispensable party arguments were also without merit.
• Wren v. Spurlock
  798 F.2d 1313· 10th Cir.· 1986-08-11 ·cited 41×
  The court held that the trial court did not commit reversible error in its rulings or jury instructions, and the damage awards were not excessive.
• Ronal D. Hale v. Honorable Naomi Harney
  786 F.2d 688· 5th Cir.· 1986-04-07 ·cited 41×
  A federal court lacks jurisdiction to review state court judgments, and claims inextricably intertwined with state court decrees are properly dismissed. Sanctions are appropriate for frivolous appeals and pleadings not well-grounded in fact or law after reasonable inquiry.
• Fernandez v. Leonard
  784 F.2d 1209· 1st Cir.· 1986-03-06 ·cited 41×
  The court held that the denial of absolute and qualified immunity for alleged due process and Fourth Amendment violations was proper, as these rights were clearly established at the time of the incident.
• Majid Ghaidan Al-Khazraji v. Saint Francis Coll.
  784 F.2d 505· 3d Cir.· 1986-03-03 ·cited 41×
  The court held that ethnic Arabs can sue under Section 1981 for racial discrimination and that Al-Khazraji's Section 1981 claim was timely filed under the six-year statute of limitations, but his Title VII claim was untimely.
• Kurzawa v. Mueller
  732 F.2d 1456· 6th Cir.· 1984-03-22 ·cited 41×
  The court affirmed the district court's dismissal of the § 1983 and state law claims, finding that the defendants were entitled to absolute immunity for their roles in the judicial process and that the claims were barred by applicable statutes of limitations.
• Knoll v. Springfield Twp. Sch. Dist.
  699 F.2d 137· 3d Cir.· 1983-01-27 ·cited 41×
  The court denied the petition for rehearing, with a dissent arguing the panel erred in finding the six-month limitations period inconsistent with 42 U.S.C. § 1983.
• Garris v. Rowland
  678 F.2d 1264· 5th Cir.· 1982-06-24 ·cited 41×
  The court held that the jury's finding of no probable cause supported the Fourth Amendment violation claim, but Officer Rowland was entitled to qualified immunity due to jury findings of good faith. Municipal liability was not established without proof of a policy or custom.
• Staton v. Louie L. Wainwright and Maurice G. Crockett
  665 F.2d 686· 5th Cir.· 1982-01-11 ·cited 41×
  Florida's parole statutes do not create a constitutionally protected entitlement to a timely initial parole interview, and therefore, the failure to grant such an interview does not violate due process.
• Pauk v. The Bd. OF Trs. OF the City Univ. OF NEW York
  654 F.2d 856· 2d Cir.· 1981-07-22 ·cited 41×
  The limitations period for actions under 42 U.S.C. § 1983 is governed by N.Y. C.P.L.R. § 214(2), which applies to liabilities imposed by statute.
• Hayes v. Thompson
  637 F.2d 483· 7th Cir.· 1980-12-18 ·cited 41×
  Prison officials are not entitled to immunity from monetary damages if the constitutional right infringed was clearly established and they knew or should have known of the right and their conduct violated it.
• Margarette Curtis v. Taylor
  625 F.2d 645· 5th Cir.· 1980-09-11 ·cited 41×
  The court held that the state's limitation of physician visits to three per month was sufficient to reasonably achieve the purpose of such care, and thus did not violate federal regulations. The appeal concerning the adequacy of notice was dismissed as moot.
• Janusaitis v. Middlebury Volunteer Fire Dep't
  607 F.2d 17· 2d Cir.· 1979-09-19 ·cited 41×
  The court held that the volunteer fire department's dismissal of a member constituted state action, but that the dismissal did not violate the member's First Amendment rights due to the need for harmonious relations within the department.
• Maiorana v. MacDONALD
  596 F.2d 1072· 1st Cir.· 1979-04-18 ·cited 41×
  Summary judgment for all defendants was proper because the plaintiff's counteraffidavits failed to raise a genuine issue of material fact regarding the officers' good faith and reasonable belief that deadly force was necessary.
• Newcomb v. Brennan
  558 F.2d 825· 7th Cir.· 1977-07-11 ·cited 41×
  The court held that a city attorney's interest in ensuring the loyalty of his deputy, a policymaking position, outweighs the deputy's First Amendment rights when the deputy runs for political office against the city attorney's wishes.
• Ingram v. Steven Robert Corp.
  547 F.2d 1260· 5th Cir.· 1977-03-04 ·cited 41×
  The court held that an action under 42 U.S.C. § 1981 for wrongful discharge based on race and union activity is an ex delicto action, subject to Alabama's one-year statute of limitations for torts not arising from contract.
• Harper v. Robert Cserr, M.D.
  544 F.2d 1121· 1st Cir.· 1976-11-19 ·cited 41×
  The court held that the complaint, alleging a voluntary patient's suicide due to the superintendent's wanton neglect, could potentially state a federal cause of action under 42 U.S.C. § 1983, and thus should not have been dismissed for failure to state a claim.
• DOE v. Charleston Area Med. Ctr., Inc.
  529 F.2d 638· 4th Cir.· 1975-11-06 ·cited 41×
  The court held that the hospital's policy of prohibiting abortions, based on an unconstitutional state statute, constituted state action and that denying such abortions caused irreparable injury, warranting injunctive relief.
• Virdie L. Smith v. Brookshire Bros., Inc.
  519 F.2d 93· 5th Cir.· 1975-09-15 ·cited 41×
  The court held that the store's actions, in conjunction with the police, constituted acting under color of law, making them liable under 42 U.S.C. § 1983.
• Melvin Perry and next friend v. Jones
  506 F.2d 778· 5th Cir.· 1975-01-20 ·cited 41×
  The court held that while federal claims for false arrest and violation of constitutional rights were properly dismissed, the district court erred in not submitting the state law claim for false imprisonment to the jury under pendent jurisdiction.
• Blackburn v. Fisk Univ.
  443 F.2d 121· 6th Cir.· 1971-05-28 ·cited 41×
  The court held that the students' allegations did not establish sufficient state action to support a claim under 42 U.S.C. § 1983, nor did they sufficiently allege a conspiracy under 42 U.S.C. §§ 1985(3), 1986, and 1988.
• Carter v. Quinn
  2023 WL 5745494· N.D. Fla.· 2025-06-09 ·cited 40×
  A pro se prisoner's failure to accurately disclose prior litigation history on a complaint form, even if unintentional, warrants dismissal without prejudice under 28 U.S.C. § 1915(e)(2)(B) and § 1915A(a).
• Tittle v. Jefferson Cnty. Comm'n
  10 F.3d 1535· 11th Cir.· 1994-01-06 ·cited 40×
  The Eleventh Circuit affirmed the district court's grant of summary judgment, holding that plaintiffs failed to establish a jury question on the subjective component of their Eighth Amendment claims. The court found no evidence that the county commission had prior knowledge of th
• Schmelz v. Monroe Cnty.
  954 F.2d 1540· 11th Cir.· 1992-02-19 ·cited 40×
  A guardian sued Monroe County jail officials under 42 U.S.C. § 1983 for injuries sustained by an inmate who attempted suicide while in custody, claiming failure to provide safe care and inadequate training. The Eleventh Circuit affirmed summary judgment for the sheriff on the pol
• Williams v. Borough OF W. Chester
  891 F.2d 458· 3d Cir.· 1989-11-21 ·cited 40×
• Johnston v. Harris Cnty. Flood Control Dist.
  869 F.2d 1565· 5th Cir.· 1989-04-17 ·cited 40×
  The court held that Johnston's attorneys were not subject to disqualification, the denial of a continuance was not an abuse of discretion, and Johnston could pursue remedies under both Title VII and § 1983 for retaliation.
• Bordanaro v. McLEOD
  871 F.2d 1151· 1st Cir.· 1989-03-30 ·cited 40×
  The court held that the jury's verdicts against the City of Everett under 42 U.S.C. § 1983 were supported by sufficient evidence, both based on an unconstitutional custom of breaking down doors without a warrant and on a policy of deliberate indifference to inadequate training an
• Herman v. City OF Chicago
  870 F.2d 400· 7th Cir.· 1989-03-03 ·cited 40×
  The court held that the doctrine of laches cannot be applied to shorten the statute of limitations for § 1983 employment cases based solely on the accumulation of damages, and that the plaintiff's failure to controvert material facts under Local Rule 12(f) meant those facts were
• ENG v. Coughlin
  858 F.2d 889· 2d Cir.· 1988-10-04 ·cited 40×
  The court held that the denial of qualified immunity and Eleventh Amendment immunity claims are immediately appealable interlocutory orders. It affirmed summary judgment for Milligan, finding no clearly established constitutional violation, but remanded for the district court to
• Turner v. Dammon
  848 F.2d 440· 4th Cir.· 1988-05-03 ·cited 40×
  The court held that the denial of qualified immunity for some officers was proper, but the grant of summary judgment based on qualified immunity for others was not. The court also addressed the issue of improper motive in qualified immunity analysis.
• Peters v. The City OF Shreveport
  818 F.2d 1148· 5th Cir.· 1987-05-26 ·cited 40×
  The court held that the city's reliance on a state statute did not qualify as a "factor other than sex" exception under the Equal Pay Act because sex played a part in the wage differential, even if not a significant one. The court also found that the Secretary of Labor's interpre
• Minton v. ST. Bernard Parish Sch. Bd.
  803 F.2d 129· 5th Cir.· 1986-10-22 ·cited 40×
  A parish school board is not entitled to Eleventh Amendment immunity, and a plaintiff may state a claim for denial of equal protection if the board discriminates in paying tort judgments between residents and nonresidents.
• Hodge v. Police Officers: Colon
  802 F.2d 58· 2d Cir.· 1986-09-29 ·cited 40×
  The court held that the district court abused its discretion by failing to consider the appropriate criteria when denying a request for appointed counsel for an indigent civil litigant.
• DOE v. Maher
  793 F.2d 1470· 9th Cir.· 1986-07-11 ·cited 40×
  The court held that while handicapped students cannot be expelled for misbehavior stemming from their handicap, they can be disciplined or expelled for non-handicap-related misconduct, provided EAHCA procedures are followed. Claims under Section 504 are not cognizable for EAHCA-r
• Dwyer v. Regan
  777 F.2d 825· 2d Cir.· 1985-11-21 ·cited 40×
  The court held that while the complaint adequately alleged a property interest, it did not sufficiently allege a request for a pretermination hearing, and thus remanded to allow amendment. The court also noted that Regan's actions were not random or unauthorized as per Parratt/Hu
• Buschi v. Kirven
  775 F.2d 1240· 4th Cir.· 1985-10-29 ·cited 40×
  The court affirmed the jury verdict and the district court's rulings, finding no reversible error in the dismissal of certain defendants or the exclusion of evidence regarding the truthfulness of the plaintiffs' statements.
• Hill v. Blackwell
  774 F.2d 338· 8th Cir.· 1985-10-10 ·cited 40×
  The dissenting judge would affirm the district court's judgment, disagreeing with the majority's application of the legal framework to the facts.
• Spanish Action Comm. OF Chicago v. City OF Chicago
  766 F.2d 315· 7th Cir.· 1985-06-27 ·cited 40×·via 42 U.S.C. § 1983 Liability
  The court affirmed the district court's judgment, holding that the plaintiff waived objections to jury instructions by failing to make timely and specific objections at trial and that there was sufficient evidence for the jury to find individual defendants did not act with the re
• Patterson v. Coughlin
  761 F.2d 886· 2d Cir.· 1985-05-09 ·cited 40×
  The court held that a state prisoner alleging a deprivation of liberty without constitutionally adequate predeprivation procedures, even if a post-deprivation remedy exists, states a claim under 42 U.S.C. § 1983.
• Valeria Jackson v. Byrne
  738 F.2d 1443· 7th Cir.· 1984-07-20 ·cited 40×
  The court held that the city's failure to provide fire protection during a strike, or police barring striking firefighters from accessing equipment, did not constitute a deprivation of life or property under the Fourteenth Amendment absent a special relationship or discriminatory
• D.C. Wheeler and John Thedford Sims v. Cosden OIL & Chem. Co.
  734 F.2d 254· 5th Cir.· 1984-06-18 ·cited 40×
  The court held that plaintiffs stated a claim under 42 U.S.C. § 1983 for malicious prosecution and for arrest and imprisonment without probable cause, and that the district court should reconsider the pendent state claims.