42 U.S.C. § 1983

12,720 Florida cases classified under this topic, plus 457 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Local 391 v. City OF Rocky Mount
  672 F.2d 376· 4th Cir.· 1982-02-24 ·via 42 U.S.C. § 1983 Action
  The court held that the ordinance's permit requirement was an unconstitutional prior restraint on First Amendment rights, as it was not narrowly tailored and was more restrictive than necessary.
• Hall v. Bd. OF Trs. OF Ark. Pub. Emps. Ret. Sys.
  671 F.2d 269· 8th Cir.· 1982-02-12
  The appellate court affirmed the district court's denial of the plaintiff's claims, finding no violation of equal protection or constitutional rights.
• Rudolph v. Allen
  666 F.2d 519· 11th Cir.· 1982-01-22
  The court held that the prisoner's appeal is frivolous and denied his application to proceed in forma pauperis.
• Dr. Ing. H. C. F. Porsche AG v. Classic Motor Carriages, Inc.
  316 F. Supp. 1039· S.D. Fla.· 1982-01-13
• Huron Valley Hosp., Inc. v. City OF Pontiac
  666 F.2d 1029· 6th Cir.· 1981-12-11
  The court held that while the plaintiff has standing and the federal health act does not impliedly repeal antitrust laws, prior resort doctrines require a stay of the antitrust action pending completion of state administrative and judicial proceedings.
• Thomas v. Fob James
  661 F.2d 67· 5th Cir.· 1981-11-12
  The court held that the district court lacked jurisdiction because the plaintiffs failed to demonstrate a case or controversy, as required by Article III of the Constitution.
• Henderson v. State OF Mo.
  661 F.2d 107· 8th Cir.· 1981-10-19
  The court held that the petitioner's habeas corpus filing was premature because it had not first been made to the appropriate federal district court.
• LEE v. Gilstrap
  661 F.2d 999· 4th Cir.· 1981-10-06
  The court held that the plaintiff's Fourth Amendment rights were not violated because he lacked a privacy interest in the premises searched.
• Helfrich v. Commonwealth OF Pa.
  660 F.2d 88· 3d Cir.· 1981-10-05
  The Eleventh Amendment bars suits against the Commonwealth and its agencies, but not prospective equitable relief or damages against officials in their individual capacities.
• Chaffin v. Taylor
  521 F. Supp. 1344· M.D. Fla.· 1981-09-16
  A parent receiving AFDC benefits on the basis of incapacity can establish eligibility by demonstrating inability to support OR care for their minor children, and states cannot deny benefits based solely on the ability to 'care' without considering the ability to 'support'.
• Crawley v. Bd. OF Educ. OF Marion Cnty.
  658 F.2d 450· 6th Cir.· 1981-09-02
  The plaintiff was not entitled to a hearing because the lateral transfer to a similar administrative position did not constitute a termination under Kentucky law.
• Ogilbee v. W. Dist. Guidance Ctr., Inc.
  658 F.2d 257· 4th Cir.· 1981-09-02
  The court held that the plaintiff failed to allege facts sufficient to establish a deprivation of a liberty or property interest protected by the Fourteenth Amendment, thus failing to state a claim under 42 U.S.C. § 1983.
• Harris v. Baker
  670 F.2d 86· 8th Cir.· 1981-07-30
• Weldon M. Kennedy v. Herschler
  655 F.2d 210· 10th Cir.· 1981-07-27
  The court held that the Civil Rights of Institutionalized Persons Act (CRIPA) mandates continuance, not dismissal, for exhaustion of administrative remedies and requires certification of those remedies.
• Rosalyn Rubin v. Univ. OF Minn.
  653 F.2d 351· 8th Cir.· 1981-07-10
  The court continued the preliminary injunction pending a prompt trial on the merits, finding that circumstances had changed and that vacating the injunction would threaten the research project's funding and continuity.
• Tatter v. Bd. OF Educ. OF Indep. Sch. Dist. NO. 306
  653 F.2d 315· 8th Cir.· 1981-06-30
  The court held that the plaintiff, as a probationary employee, had no property interest protected by the due process clause because no valid contract for reemployment was formed.
• Gorham v. Banovetz
  652 F.2d 750· 8th Cir.· 1981-06-30
  The court held that the district court properly dismissed the prisoner's section 1983 complaint for failure to state a claim.
• Ricks v. Sumner
  647 F.2d 76· 9th Cir.· 1981-06-05
  A prisoner transferred under the Interstate Agreement on Detainers is entitled to procedural protections, including a pre-transfer hearing.
• Eldred S. Wallace v. King
  650 F.2d 529· 4th Cir.· 1981-06-05 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that plaintiffs were prevailing parties entitled to attorneys' fees and costs, and that the district court erred in limiting the scope of injunctive relief.
• Duward W. Stone v. The City OF Wichita Falls
  646 F.2d 1085· 5th Cir.· 1981-06-04
  The court held that the City Charter provision prohibiting a civil servant from running for office was void because it was inconsistent with state law, which permitted such activity.
• Driscoll v. Parnell Schmitt
  649 F.2d 631· 8th Cir.· 1981-06-02
  The court held that the admission of certain hospital statements and the exclusion of other testimony did not constitute reversible error, as the evidence was either cumulative, admissible for impeachment, or not unduly prejudicial.
• Cunningham v. Governor Robert D. RAY
  648 F.2d 1185· 8th Cir.· 1981-05-18
  The court held that the inmate plaintiff lacked individual standing to sue for his deceased brother's civil rights claim and that the remaining claim for cruel and unusual punishment failed to state a claim upon which relief could be granted.
• Webber v. Rysavy
  646 F.2d 1296· 8th Cir.· 1981-05-04
  The court held that the district court properly granted summary judgment for the defendants because their participation in a warranted search did not violate the plaintiff's constitutional rights.
• Est. of O'Brien v. Wilkins
  511 F. Supp. 707· N.D. Fla.· 1981-04-15
  The court held that the complaint failed to state a claim under 42 U.S.C. § 1983 because it did not allege deprivation of a federally protected right, and thus the pendent state claim was also dismissed.
• Sandles v. Ruben
  314 F. Supp. 685· S.D. Fla.· 1981-03-25
• Almond v. Davis
  639 F.2d 1086· 4th Cir.· 1981-02-05 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the statutory program providing attorney assistance to inmates can serve as an adequate substitute for a law library, provided the assistance is meaningful and accessible.
• Corrigan v. Donilon
  639 F.2d 834· 1st Cir.· 1981-02-04
  The court held that the School Committee's actions were ineffective to terminate the tenured teachers' employment status due to a lack of good and just cause and a violation of due process rights.
• Fisher v. Coleman
  639 F.2d 191· 4th Cir.· 1981-01-27
  The court affirmed the district court's judgment, finding no constitutional violations in the challenged Virginia statutes regarding habitual drunkards and alcohol sales.
• Pace v. Oliver
  634 F.2d 302· 5th Cir.· 1981-01-16
  An absolute policy prohibiting prisoners from accessing institutional records for their defense at disciplinary hearings violates procedural due process under Wolff v. McDonnell.
• Vazquez v. Borrero
  636 F.2d 4· 1st Cir.· 1980-12-03
  The court held that neither party was solely at fault for the missing transcript and ordered a final attempt to obtain it.
• Holloway v. Bruton
  638 F.2d 41· 8th Cir.· 1980-11-17
  The court held that the district court properly dismissed the civil rights action as premature because the appellant had not yet suffered a demonstrable injury from the alleged conduct affecting his fair trial rights.
• Laurales v. Desha Cnty. Sch. Dist. # 4 OF Snowlake
  632 F.2d 72· 8th Cir.· 1980-10-20
  The Florida Supreme Court quashed a district court's decision, holding that a tavern owner can be liable for patron injuries caused by third parties if the owner knew or should have known of the likelihood of general disorderly conduct, not solely based on knowledge of a specific
• Bradenburg v. Beaman
  632 F.2d 120· 10th Cir.· 1980-10-16
  The court held that a pro se litigant must follow procedural rules, and the trial court did not err in refusing to entertain a complaint that failed to comply with local rules.
• Anderson v. Firestone
  499 F. Supp. 1027· N.D. Fla.· 1980-10-10
  The court held that Florida's refusal to allow substitution of an independent presidential candidate's actual vice-presidential nominee for a surrogate name on the ballot violated equal protection.
• Otho Thompson v. Capps
  626 F.2d 389· 5th Cir.· 1980-09-22
• Lemons v. Morgan
  629 F.2d 1389· 8th Cir.· 1980-09-19
  A public employee's allegations of demotion in retaliation for exercising free speech rights state a claim under the First and Fourteenth Amendments and 42 U.S.C. § 1983, even if the employee cannot establish a deprivation of liberty or property interest.
• Revis v. Laird
  627 F.2d 982· 9th Cir.· 1980-09-15
  Title VII remedies are not available retroactively to federal employees whose claims were not pending administratively or judicially on the amendment's effective date. A federal employee is not entitled to a trial de novo under 42 U.S.C. § 1981 if they received a full and fair ad
• Blomberg v. Schneiderheinz
  632 F.2d 698· 8th Cir.· 1980-08-29
  The court held that dismissal without prejudice was not an error, allowing plaintiffs to replead if they can establish the "color of law" element.
• Jordan v. Jones
  625 F.2d 750· 6th Cir.· 1980-07-17
  The court held that the prisoner's claims regarding due process in the disciplinary hearing and the three-day isolation did not present a federal constitutional issue.
• Hart v. Mayor & City Council OF Baltimore (Community Coll. of Baltimore)
  625 F.2d 13· 4th Cir.· 1980-07-10
  The court held that the plaintiff failed to establish a prima facie case of race or handicap discrimination, and the lower court should have granted a directed verdict for all defendants.
• Owen v. The City OF Independence
  623 F.2d 550· 8th Cir.· 1980-07-01
  Municipalities do not enjoy qualified immunity from liability under 42 U.S.C. § 1983.
• Cote v. Seaman
  625 F.2d 1· 1st Cir.· 1980-05-29
  The court held that the Planning Board's actions did not violate plaintiffs' due process rights because plaintiffs lacked a property interest in plan approval and the Board's initial rejection was based on valid non-compliance.
• The Hearth, Inc. v. Dep't OF Pub. Welf.
  612 F.2d 981· 5th Cir.· 1980-03-03
  The court held that the appellant's complaint was fatally defective for failing to state an adequate basis for federal jurisdiction.
• Teague v. City OF ST. Louis
  615 F.2d 773· 8th Cir.· 1980-02-28
  The court affirmed the district court's decision, finding no error in the Title VII claim and no purpose for remanding the § 1983 claim based on the trial judge's findings.
• Skipper v. Phipps
  483 F. Supp. 1213· N.D. Fla.· 1980-01-24
  The court held that no constitutional rights were violated because the plaintiffs were not arrested and had no federal right to use the disputed land, thus summary judgment for the defendants was appropriate.
• Brown v. Schiff
  614 F.2d 237· 10th Cir.· 1980-01-14
  Claims of legal malpractice against court-appointed counsel, brought under 42 U.S.C. § 1983, do not rise to the level of constitutional violations and are more properly addressed in state court.
• Nestler v. The Bd. OF LAW Exam'rs OF the State OF N.C. & James B. Swails
  611 F.2d 1380· 4th Cir.· 1980-01-11
  The court held that the district court did not abuse its discretion in denying leave to amend the complaint to seek damages, and that the remaining claims were moot.
• Levan v. Benny Fullington
  612 F.2d 386· 8th Cir.· 1980-01-08
  The court held that the district court properly declined to withdraw the issue of the police chief's liability from the jury, as the jury could have found the arresting officer acted on his own initiative.
• Miguel v. Fausto Olano Sbert
  611 F.2d 935· 1st Cir.· 1979-12-28 ·via 42 U.S.C. § 1983 Claim
  The court held that the plaintiff's own inaction and refusal to communicate prevented her from obtaining further leave without pay, thus her claim of wrongful discharge was without merit.
• Tucker v. Shirling Sam Caldwell
  608 F.2d 140· 5th Cir.· 1979-12-10
  The state's procedure for recovering overpaid unemployment benefits by reducing future benefits, after an initial hearing determined overpayment, satisfies due process. The trial judge also correctly denied class certification.