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

• Carson v. Russell
  602 F.2d 714· 5th Cir.· 1979-09-13
  An assistant state attorney's unilateral expectation of continued employment based on an ambiguous letter does not create a protected property interest under the Fourteenth Amendment.
• Minkus v. The Metro. Sanitary Dist. OF Greater Chicago ("MSD")
  600 F.2d 80· 7th Cir.· 1979-06-06
  The court held that summary judgment was inappropriate because further development of facts and circumstances is necessary regarding the religious accommodation claim.
• Jones v. Davis
  595 F.2d 4· 9th Cir.· 1979-04-10
  The court held that Oregon's policy denying foster care eligibility to children placed with related foster parents conflicts with the Social Security Act and that the award of attorney fees was permissible under 42 U.S.C. § 1988.
• Clark v. Fortner
  590 F.2d 1309· 5th Cir.· 1979-02-22
  The court denied the prisoner's motion for leave to appeal in forma pauperis and for appointment of counsel.
• Local Union NO. 370 v. Arth E. Detrick
  592 F.2d 1045· 9th Cir.· 1979-02-08
  A county government's refusal to bargain collectively does not violate federal civil rights statutes when the county is not compelled to bargain by state law.
• Harris v. Hubbert
  588 F.2d 167· 5th Cir.· 1979-01-18
  The court held that the transfer of a supervisory position did not constitute state action for the purposes of a 42 U.S.C. § 1983 claim.
• UHL v. Ness City
  590 F.2d 839· 10th Cir.· 1979-01-12
  The court held that Kansas municipal ordinances allowing termination of water service for nonpayment of mandatory trash collection fees are not authorized under Kansas law, as the state statute provides an exclusive method for collecting delinquent solid waste charges.
• Bell v. Manson
  590 F.2d 1224· 2d Cir.· 1978-12-27
  The court held that routine strip searches of pretrial detainees returning from outside visits are not unreasonable under the circumstances and do not violate civil rights.
• Shaw v. Harnett
  587 F.2d 109· 2d Cir.· 1978-11-13
  The court held that the dismissal of the § 1983 action was justified because the plaintiff failed to state a claim upon which relief could be granted.
• Heaton v. Judson C. Locke, Jr.
  583 F.2d 735· 5th Cir.· 1978-11-08
  The court held that it lacks jurisdiction to hear an appeal directly from a magistrate's order, as such an order is not a final judgment of the district court.
• Schofield v. Cnty. OF Volusia
  580 F.2d 729· 5th Cir.· 1978-09-20
  The court held that the district court's dismissal order must be vacated and the case reconsidered in light of the Supreme Court's decision in Monell v. Department of Social Services of New York.
• Gibson v. Dixon
  579 F.2d 1071· 7th Cir.· 1978-07-25
  The court held that the bank's actions in repossessing and selling the plaintiff's automobile, even when utilizing state statutory procedures, did not constitute state action under 42 U.S.C. § 1983.
• Selman Cooke v. NEW Mexico Junior Coll. Bd.
  579 F.2d 568· 10th Cir.· 1978-07-10
  The trial court erred in dismissing the plaintiff's action for failure to produce his personal diary, as the plaintiff's offer to provide relevant entries and allow court inspection was sufficient.
• O'Hern v. The Sch. Dist. OF Springfield R-12
  578 F.2d 220· 8th Cir.· 1978-07-06
  The court held that a school district and its members are subject to suit under 42 U.S.C. § 1983, vacating the dismissal of federal and state claims.
• Kimbrough v. Wilson
  578 F.2d 215· 8th Cir.· 1978-06-29
  The court held that the district court applied correct legal principles and its factual findings were not clearly erroneous.
• Apolinar Navarette, Jr. v. Jiro J. Enomoto
  581 F.2d 202· 9th Cir.· 1978-06-22
  The court held that the Supreme Court's ruling on the negligence claim did not affect the disposition of the intentional interference and bad faith claims.
• LA Raza Unida v. State OF NEW Mexico
  577 F.2d 677· 10th Cir.· 1978-06-06
  The court held that the district court correctly dismissed the action because the plaintiffs' constitutional claims were insubstantial, foreclosed by prior Supreme Court precedent.
• Hernandez v. Phelps Dodge Ref. Corp.
  572 F.2d 1132· 5th Cir.· 1978-05-15
  The court held that the trial court's findings of fact and conclusions of law were fully supported by the evidence, and the defendant did not discriminate against the plaintiff based on his Spanish surname.
• Rhodes v. Schoen
  574 F.2d 968· 8th Cir.· 1978-04-27
  The court held that a delay in forwarding a prisoner's detainer request, even if not prompt, does not violate constitutional rights under 42 U.S.C. § 1983 if the prisoner ultimately receives a speedy trial and prompt disposition of the detainer.
• Henderson v. Fla. Bd. OF Regents OF the Div. OF Univs. OF the Dep't OF Educ.
  569 F.2d 1309· 5th Cir.· 1978-03-23
  The court held that the plaintiff failed to produce evidence of racial discrimination in law school admissions, and summary judgment for the defendants was appropriate.
• Bunkley v. Garland Watkins
  567 F.2d 304· 5th Cir.· 1978-02-06
  The court held that 42 U.S.C.A. § 1983 protects property rights, not just personal liberties, and thus the district court had jurisdiction.
• Evans v. Gertrude McCLUSKEY
  567 F.2d 755· 8th Cir.· 1977-12-07
  The court held that the plaintiff's Title VII claim was untimely because it was filed more than ninety days after receiving the right-to-sue letter, and her claims under §§ 1981 and 1983 were barred by the statute of limitations due to lack of concealment.
• Meadows v. A. M. (Slim) Gabrel
  563 F.2d 1231· 5th Cir.· 1977-12-01
  The court held that the district court erred in dismissing the Section 1983 claims solely on the grounds that they fell within the core of habeas corpus.
• Harper v. Wood
  560 F.2d 202· 5th Cir.· 1977-09-30
  The court held that the school board's policy of providing a salary supplement to elementary and secondary teachers but not vocational-technical teachers was constitutional and rationally related to a legitimate state end.
• McCRAY v. Sullivan
  559 F.2d 292· 5th Cir.· 1977-09-16
• Buck v. Ohio Court OF Appeals
  554 F.2d 766· 6th Cir.· 1977-04-29
  The court affirmed the dismissal of the federal action, finding no due process violation and that federal courts cannot exercise appellate jurisdiction over state court judgments.
• Krasnow v. The Va. Polytechnic Inst. & State of Va.
  551 F.2d 591· 4th Cir.· 1977-03-21
  The court held that the university rules prohibiting unlawful drug use or possession and criminal conduct by students do not violate the Due Process Clause of the Fourteenth Amendment.
• Davis v. Benny Fisher
  546 F.2d 66· 5th Cir.· 1977-01-26
  The court held that a prisoner's pro se claim of unpaid labor sufficiently states a constitutional claim, while denial of counsel requires habeas corpus and exhaustion of state remedies.
• Bodeker v. Dyson
  544 F.2d 861· 5th Cir.· 1977-01-03
  The court held that a claim for damages under 42 U.S.C. § 1983 for an allegedly illegal search, even if parole revocation was lawful, states a valid cause of action.
• Moody v. Kapica
  548 F.2d 133· 6th Cir.· 1976-12-01
  The court held that it lacked jurisdiction because the district court's order dismissing some defendants was not a final appealable judgment.
• Russell v. EL Paso Indep. Sch. Dist.
  539 F.2d 563· 5th Cir.· 1976-09-27
  The court held that the teacher's claim of constitutional infringement was not substantial and affirmed the dismissal for failure to exhaust administrative remedies.
• Martin v. Univ. OF Louisville
  541 F.2d 1171· 6th Cir.· 1976-08-30
  The Eleventh Amendment bars a suit for back wages against the University of Louisville and its trustees in their official capacities, as Kentucky has not clearly waived its sovereign immunity for suits in federal court. Individual trustees are also protected by qualified immunity
• Lilly Mae Onie Lee Whitelaw Hilliard v. Williams
  540 F.2d 220· 6th Cir.· 1976-08-02
  A prosecuting attorney is not liable in damages under 42 U.S.C. § 1983 for actions taken in the course of his duties, even if those actions deprived a party of a fair trial.
• Enriquez v. Mitchell
  533 F.2d 275· 5th Cir.· 1976-06-11
  The court held that prison inmates do not have a right to counsel at disciplinary hearings and their silence can be given adverse evidentiary significance.
• Grimm v. Cates
  532 F.2d 1034· 5th Cir.· 1976-06-07
  The court held that the plaintiff did not have a property interest in continued employment and was not denied due process or First Amendment rights.
• Knight v. The Honorable Donald D. Alsop
  535 F.2d 466· 8th Cir.· 1976-05-17
  The court held that the district court exceeded its jurisdiction by denying the motion to convene a three-judge court, and granted the petition for a writ of mandamus.
• Williams v. Elayn Hunt
  529 F.2d 740· 5th Cir.· 1976-03-31
  The court held that a prisoner's pro se civil rights complaint should not be dismissed without a hearing due to potential confusion with another inmate of the same name who had previously filed suit.
• Vargas v. Barcelo
  532 F.2d 765· 1st Cir.· 1976-03-26
  The court held that plaintiffs' claims for damages against the mayor individually were barred by legislative immunity and that their claims regarding the unconstitutionality of the ordinance failed to state a claim upon which relief could be granted.
• Armstrong v. Ward
  529 F.2d 1132· 2d Cir.· 1976-02-03
  The court held that the case was moot because there was no reasonable expectation that the alleged wrong would be repeated, and vacated the lower court's judgment.
• Covington v. The City OF Raleigh
  531 F.2d 220· 4th Cir.· 1976-01-30
  The court held that the plaintiff's claims for injunctive and declaratory relief, and damages related to the city's parking ordinance and practices, were largely without merit, except for a specific claim for individual damages related to prior tickets.
• Rodriguez v. Conagra, Inc.
  527 F.2d 540· 1st Cir.· 1976-01-08
  The court held that the former employees' claims under 42 U.S.C. § 1983 failed because the employers' actions did not constitute state action, a prerequisite for such claims.
• Burnley v. Thompson
  524 F.2d 1233· 5th Cir.· 1975-12-24
  The court held that the discharge and suspension procedures for the firefighters did not violate due process, as probationary employees lacked a property interest and nonprobationary employees were subject to emergency suspension and negotiated hearings.
• Leavy Campbell v. Cousins
  524 F.2d 925· 5th Cir.· 1975-12-12
  The court held that the district court's findings were not clearly erroneous and that the prisoner's due process claims were foreclosed by case law limiting the retroactive application of Wolff v. McDonnell.
• Roberts v. Arledge
  519 F.2d 1129· 5th Cir.· 1975-09-26
  The court affirmed the denial of preliminary injunctive relief, finding no clear abuse of discretion by the district court.
• Wallace v. House
  515 F.2d 619· 5th Cir.· 1975-07-07
• Winters v. Alan D. Miller, M.D.
  517 F.2d 1337· 2d Cir.· 1975-06-06
  The court held that the district court, having decided to reinstate the action under Rule 60(b), was bound by the law of the case to reinstate it as to all defendants, not just some.
• Lumumba Shakur v. McGRATH
  517 F.2d 983· 2d Cir.· 1975-06-04
  The court held that the service of an amended complaint adding a medical malpractice claim did not constitute substantial and timely compliance with the notice requirements of New York's General Municipal Law.
• Gearheart v. Fed. Reserve Bank OF Cleveland
  516 F.2d 353· 6th Cir.· 1975-05-08
  The court held that Regulation Q, limiting interest on certificates of deposit under $100,000, is constitutional and plaintiffs failed to state a valid cause of action under various federal statutes.
• Schott v. Fornoff
  515 F.2d 344· 4th Cir.· 1975-04-09
  The court held that the police department's haircut regulation was so extreme that it lacked a rational relationship to an efficient police department and was therefore arbitrary and capricious.
• Goldberg v. Arrow Elecs., Inc.
  512 F.2d 1258· 2d Cir.· 1975-03-25 ·via 42 U.S.C. § 1983 Action
  The court held that New York Business Corporation Law § 623(e) is a rational scheme and does not violate due process, even when a merger is abandoned after a shareholder dissents.