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

• Cornelia Webster v. Alan R. Perry as Chairman & representative of the Bd. of Educ. of the Winston-Salem/Forsyth Cnty. Sch. Sys.
  512 F.2d 612· 4th Cir.· 1975-03-17
  The court held that the district court correctly abstained from deciding the vagueness and overbreadth claims pending state court construction, but erred in remanding the due process claim, which requires a three-judge panel.
• Lane v. Inman
  509 F.2d 184· 5th Cir.· 1975-03-10
  Municipal officers are entitled to qualified immunity for acts done in good faith within the scope of their official duties, even if the ordinance is later found invalid.
• McKENNA v. Fargo
  510 F.2d 1179· 3d Cir.· 1975-02-11
  The court held that the district court erred in dismissing the case for lack of federal subject matter jurisdiction and that the appeal was not moot.
• Hattie Keenon v. Conlisk
  507 F.2d 1259· 7th Cir.· 1974-12-30
  The court held that the district court erred in dismissing the complaint without considering evidence, as the plaintiff's allegations of discriminatory treatment based on sex were sufficient to require justification from the defendants.
• Gandy v. Panama City
  505 F.2d 630· 5th Cir.· 1974-12-23 ·via 42 U.S.C. § 1983 Action
  The court held that the handcuffing and transport of a juvenile for traffic offenses, under the given facts, did not constitute a constitutional violation actionable under § 1983, and affirmed summary judgment for the arresting officer.
• Ciempa v. Conforti
  507 F.2d 3· 1st Cir.· 1974-12-09
  The court held that a candidate's presence and minimal interaction within a polling place, as part of their official duties, does not constitute a due process violation or actionable electioneering.
• Kotmair v. Gray
  505 F.2d 744· 4th Cir.· 1974-11-08
  The court held that the defendants, acting within their official duties and in good faith reliance on federal law, are not subject to suit for their actions.
• Glover v. McMURRAY
  507 F.2d 1325· 2d Cir.· 1974-11-01
  The court held that, in light of Hagans v. Lavine, the district court did have jurisdiction over the due process claim and pendent jurisdiction over the statutory claims.
• King v. Little League Baseball, Inc.
  505 F.2d 264· 6th Cir.· 1974-10-30
  The court held that the complaint, as pleaded, did not state a cause of action under 42 U.S.C. § 1983 because the plaintiffs had already achieved their desired outcome of non-discriminatory play before the suit was filed.
• Miller v. Miller
  504 F.2d 1067· 9th Cir.· 1974-10-15
  The court held that the application of ORS 109.326(1) infringes upon the constitutional rights of natural fathers and declared the statute constitutionally null and void.
• Gardner v. McCARTHY
  503 F.2d 733· 9th Cir.· 1974-08-13
  The court held that the due process standards announced in Gagnon v. Scarpelli regarding counsel at parole revocation proceedings apply prospectively only. The court also held that a civil rights action under 42 U.S.C. § 1983 is not the proper avenue to obtain release or a new re
• Binner v. Callahan
  500 F.2d 36· 4th Cir.· 1974-07-19
  The court affirmed the lower court's judgment, agreeing with its findings of fact and conclusions of law.
• Cadena v. Perasso
  498 F.2d 383· 9th Cir.· 1974-05-28
  A judge is immune from civil liability for acts committed in their judicial capacity, and injunctive relief is inappropriate when adequate legal remedies exist.
• Schuster v. Dist. Judge Grant L. Bowen of the Second Jud. Dist. Court of the State of Nev.
  496 F.2d 881· 9th Cir.· 1974-05-10
  The court held that the case was moot because the underlying order had been rescinded, and there was no reasonable expectation that the same issue would recur.
• Erwin v. Neal
  494 F.2d 1351· 6th Cir.· 1974-05-10
  The court held that the plaintiff's civil rights action was barred by the Tennessee one-year statute of limitations for injuries to the person.
• Adams v. Harden
  493 F.2d 21· 5th Cir.· 1974-04-26
  The Eleventh Amendment bars retroactive AFDC benefits payable from state revenues.
• Bailey v. Crain
  496 F.2d 23· 8th Cir.· 1974-04-22
  The court held that the district court erred in dismissing the prisoner's complaint for failure to state a claim and as frivolous or malicious.
• Independent Voters OF Illinois v. Kusper
  490 F.2d 1126· 7th Cir.· 1974-01-10
  The court held that the enactment of new Illinois legislation mooted the controversy, rendering the case nonjusticiable and depriving the court of jurisdiction.
• Burnett v. Dickerson
  485 F.2d 1249· 5th Cir.· 1973-11-01
  The court held that the jury's verdict was supported by the evidence and that the trial court did not err in its instructions or in failing to overturn the verdict.
• Jacobs v. City OF NEW Orleans
  484 F.2d 24· 5th Cir.· 1973-08-29
  The court held that the trial court's findings of fact were not clearly erroneous, and the award of damages was warranted based on the evidence presented.
• Mason v. Askew
  484 F.2d 642· 5th Cir.· 1973-08-10
  The court held that a state prisoner challenging the fact of his confinement must first exhaust state remedies via habeas corpus before seeking federal relief under § 1983.
• Henry v. Burton Cagle
  482 F.2d 137· 6th Cir.· 1973-07-13
  The court held that there was sufficient evidence for the jury to find that the defendants acted under color of state law, even if the assault was personal.
• Schumacher v. Lowell Schmidt
  479 F.2d 1248· 8th Cir.· 1973-07-05
  The court held that the plaintiff failed to show a deprivation of civil rights under federal law, as any alleged deprivation occurred at the municipal level or involved state statutory interpretation properly left to state courts.
• Bhagwati P. K. Poddar v. Youngstown State Univ.
  480 F.2d 192· 6th Cir.· 1973-06-14
  The court held that the university's decision not to renew the professor's employment was not a violation of his constitutional rights, as it was based on legitimate administrative and interpersonal reasons, not retaliation for protected speech.
• Greenmount Sales, Inc. v. Davila
  479 F.2d 591· 4th Cir.· 1973-05-23
  The First Amendment does not require a prior adversary judicial hearing before government authorities seize single copies of allegedly obscene publications for use as evidence in criminal prosecutions.
• Shumate v. The Bd. OF Educ. OF the Cnty. OF Jackson
  478 F.2d 233· 4th Cir.· 1973-05-04
  A public school teacher denied employment solely for exercising constitutional free speech rights is entitled to relief under 42 U.S.C. § 1983, even if the contract was not formally renewed.
• Anderson v. Reynolds
  476 F.2d 665· 10th Cir.· 1973-04-10
  An arrest made with probable cause, based on a warrant issued by a judicial officer, does not give rise to civil rights or false arrest liability against the arresting officers, even if the suspect is later proven innocent.
• Gonzalez v. DOE
  476 F.2d 680· 2d Cir.· 1973-03-15
  A municipality is not a "person" within the meaning of 42 U.S.C. § 1983, and therefore cannot be sued under that statute for damages, regardless of state indemnification laws. Furthermore, a federal court may, in its discretion, decline to exercise pendent jurisdiction over state
• Moynahan v. McDONALD
  471 F.2d 700· 2d Cir.· 1973-01-02 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a prosecutor's failure to disclose Grand Jury testimony did not violate Brady v. Maryland when the defendant was aware of the testimony and its substance prior to trial.
• Galligher v. McCARTHY
  470 F.2d 740· 9th Cir.· 1972-11-22
  A prisoner's petition seeking an injunction for recognition of religious rights and expungement of disciplinary records is not subject to federal habeas corpus exhaustion requirements.
• Garren v. City of Winston-Salem
  463 F.2d 54· 4th Cir.· 1972-07-18
  The court held that plaintiffs were not denied equal protection by the city's extraterritorial rezoning, as they lacked standing to assert voting rights claims and the city acted within its statutory authority.
• Clayton v. Jones
  463 F.2d 1182· 5th Cir.· 1972-07-13
  The court held that the district court erred in summarily dismissing the complaint without considering claims distinct from a pending class action.
• Taliferro v. N.J. Parole Bd.
  460 F.2d 289· 3d Cir.· 1972-05-17
  The court held that the inmate's due process claim regarding parole denial without reasons was moot, and his equal protection claim lacked merit.
• Lansdown v. Worthey
  458 F.2d 485· 8th Cir.· 1972-04-24
  The court held that a private physician acting without state involvement or contract is not liable under 42 U.S.C.A. § 1983 for failing to provide medical care to inmates.
• Ozel Conley v. Dauer
  463 F.2d 63· 3d Cir.· 1972-04-17
• Cap S. McELROY v. Swan
  457 F.2d 1303· 6th Cir.· 1972-04-03
  The court held that the statutory jurisdictional amount required in diversity cases does not apply to an action under 42 U.S.C. § 1983.
• Melvyn Monroe Brown v. Dugger
  456 F.2d 1260· 5th Cir.· 1972-03-29
  The court held that prison officials complied with regulations regarding the storage of legal materials, and the applied rule was not invalid.
• Marnin v. Zampella
  456 F.2d 1097· 3d Cir.· 1972-02-29
  The court held that the appellant's claims were barred by the applicable statute of limitations.
• Fuston R. Thomas v. Elza H. Papp
  457 F.2d 792· 6th Cir.· 1972-02-28
  A complaint based on the loss of money does not establish jurisdiction under the Civil Rights Act.
• Kelsey D. Bartlett v. Connors
  455 F.2d 459· 6th Cir.· 1972-02-04
  The federal court correctly dismissed the complaint because the plaintiff was attempting to relitigate issues already decided in state courts and should have pursued state appellate remedies.
• Williams v. Hon. Daniel McMANN
  454 F.2d 1139· 2d Cir.· 1972-01-25
• Sittenfeld v. Tobriner
  459 F.2d 1137· D.C. Cir.· 1971-12-30
  The court held that appellants waived their claim for damages by settling the condemnation action without litigating the probability of rezoning, and that the Zoning Commission members were immune from suit for damages.
• Manns v. The Honorable Lawrence L. Koontz
  451 F.2d 1344· 4th Cir.· 1971-11-30
  The court affirmed the district court's dismissal, holding that federal courts should not enjoin state criminal proceedings under the Younger abstention doctrine unless specific criteria for irreparable harm or patent unconstitutionality are met.
• Gipe v. Dempsey
  451 F.2d 1309· 9th Cir.· 1971-11-05
  The court held that the officers' entry into the residence was lawful and the jury's findings of breach of peace and no excessive force were supported by evidence.
• Arvil Leslie and Thomas Carmon v. Honorable Yale Matzkin
  450 F.2d 310· 2d Cir.· 1971-11-01
  The court held that federal intervention was not warranted to compel the state to provide free transcripts of probable cause hearings to indigent defendants.
• Shan Sayles and Alix Cooperman v. Graham
  449 F.2d 783· 9th Cir.· 1971-10-05
  Federal courts should not interfere with state criminal prosecutions absent extraordinary circumstances, even if films were seized without a prior adversary hearing.
• Salkay v. Broward Williams
  445 F.2d 599· 5th Cir.· 1971-06-22
  The court held that the district court's dismissal for failure to exhaust administrative remedies was erroneous because the administrative procedures at issue were unconstitutional.
• Glasshofer v. Sennett
  444 F.2d 106· 3d Cir.· 1971-06-16
  Prison regulations prohibiting inmates from maintaining a private law library in their cells do not state a claim under the Civil Rights Act if access to the courts is not frustrated.
• Summers v. Horton
  443 F.2d 225· 4th Cir.· 1971-06-07
  The court held that the trial judge's factual findings were not clearly erroneous and that there was no abuse of discretion in refusing to reopen the case.
• Moore v. Buck
  443 F.2d 25· 3d Cir.· 1971-05-12
  A public prosecutor is immune from liability under the Civil Rights Act unless their conduct is clearly outside their jurisdiction.