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

• Hill v. Bogans
  735 F.2d 391· 10th Cir.· 1984-05-30 ·cited 40×
  An officer is not constitutionally required to independently verify the validity of an arrest warrant if it is facially valid, but a routine strip search of a detainee for minor offenses, conducted in a public area without specific justification, violates the Fourth Amendment.
• Jackson v. The City OF Bloomfield
  731 F.2d 652· 10th Cir.· 1984-03-30 ·cited 40×
  The court held that the new rule established in Garcia v. Wilson for selecting statutes of limitations for § 1983 claims should not be applied retroactively to this case due to reliance on prior precedent and potential inequity.
• Stathos v. Bowden
  728 F.2d 15· 1st Cir.· 1984-02-22 ·cited 40×
  The court affirmed the jury's verdict and damage award, finding no reversible error in the exclusion of evidence, jury instructions, or the award of attorney's fees, and amended the judgment for clarity.
• Waldron v. McATEE
  723 F.2d 1348· 7th Cir.· 1983-12-22 ·cited 40×
  The court held that abstention is appropriate in this case to allow Indiana state courts to interpret the Indianapolis loitering ordinance, thereby potentially avoiding or altering the federal constitutional issue.
• Livas v. Petka
  711 F.2d 798· 7th Cir.· 1983-07-07 ·cited 40×
  A public prosecutor may dismiss an assistant for political reasons if political considerations are an appropriate requirement for the effective performance of the office, as assistants implement the prosecutor's policies and serve society as their client.
• Bryant R. Britt v. Simi Valley Unified Sch. Dist.: John W. Duncan
  708 F.2d 452· 9th Cir.· 1983-06-13 ·cited 40×
  Failure to object to a magistrate's recommendation does not waive the right to appeal the district court's decision on purely legal issues.
• Smith v. Honorable Max E. Bacon
  699 F.2d 434· 8th Cir.· 1983-02-10 ·cited 40×
  The court held that while judges are immune from suit and equitable relief is inappropriate, public defenders may be sued under § 1983 if they conspire with judges, and the allegations here were sufficient to allow the suit to proceed.
• Williams v. Thomas
  692 F.2d 1032· 5th Cir.· 1982-12-06 ·cited 40×
  The court affirmed the compensatory damages award but reversed the attorney's fees award, remanding for recalculation and holding the fees are payable by the County. The good faith defense on the § 1983 claim was not decided as recovery was affirmed on the state claim.
• Howie Ray Robinson v. Wade
  686 F.2d 298· 5th Cir.· 1982-09-20 ·cited 40×
  The Court held that the defendant's reprosecution was not barred by the Double Jeopardy Clause, as the prosecutor's conduct, while improper, did not demonstrate an intent to provoke a mistrial, and the court reporter's negligence in losing a transcript did not trigger double jeop
• Rucker v. Higher Educ. Aids Bd.
  669 F.2d 1179· 7th Cir.· 1982-02-03 ·cited 40×
  The court held that the case should be remanded to the original judge for clarification of his findings, rather than a new trial.
• Smith v. Fulton Rabalais, Jr.
  659 F.2d 539· 5th Cir.· 1981-10-15 ·cited 40×
  The court held that prison officials did not abuse their discretion in refusing to provide an inmate with specific details of charges based on confidential informants, balancing prison security against the inmate's due process rights.
• Howard v. Gonzales
  658 F.2d 352· 5th Cir.· 1981-10-07 ·cited 40×
  The court held that a co-defendant's objection preserves an issue for appeal for other defendants, but reversed and remanded for a reduction in damages due to inadmissible hearsay regarding medical expenses.
• Helms v. Hewitt
  655 F.2d 487· 3d Cir.· 1981-06-30 ·cited 40×
  The court held that the plaintiff's segregation in administrative custody infringed a protected liberty interest, and the reliance on hearsay testimony in the disciplinary hearing violated due process.
• Owens v. Rush
  654 F.2d 1370· 10th Cir.· 1981-06-29 ·cited 40×
  The court held that claims under 42 U.S.C. §§ 1983 and 1985(3) should fail due to the 'personal staff' exception and that the plaintiff lacked standing for claims related to his wife's employment.
• The Casbah, Inc. v. Thone
  651 F.2d 551· 8th Cir.· 1981-06-08 ·cited 40×
  The court held that Nebraska Legislative Bill 991, prohibiting drug paraphernalia, is constitutional as written and construed, rejecting claims of vagueness, overbreadth, and violations of first and fourth amendment rights.
• Auther Stringer v. Rowe
  616 F.2d 993· 7th Cir.· 1980-02-22 ·cited 40×
  The court held that the plaintiff stated claims for due process violations regarding disciplinary segregation and equal protection violations regarding inter-prison transfer, but affirmed summary judgment on the Eighth Amendment claim for macing and the claim for lost property.
• Smith v. Sheriff Mike Sullivan
  611 F.2d 1050· 5th Cir.· 1980-02-14 ·cited 40×
  The court held that contempt judgments, whether civil or criminal, were invalid due to procedural defects and the vacating of the underlying order, requiring reversal.
• Silas K. Brown v. Stackler
  612 F.2d 1057· 7th Cir.· 1980-01-21 ·cited 40×
  The court held that a district court has discretion to deny attorney fees entirely when a claim is outrageously inflated, as a deterrent against unreasonable demands.
• Jackson v. Hayakawa
  605 F.2d 1121· 9th Cir.· 1979-10-04 ·cited 40×
  The court held that res judicata barred the claim regarding mass arrests, and the blacklist claim was barred by the statute of limitations. However, the court reversed summary judgment on the disciplinary proceedings claim, allowing plaintiffs to rely on a prior limited due proce
• Hill v. Jenkins
  603 F.2d 1256· 7th Cir.· 1979-08-06 ·cited 40×
  The court should reverse the district court's decision because the case was improperly referred to a magistrate, exceeding the jurisdiction granted by the Magistrates Act.
• Moore v. Tangipahoa Parish Sch. Bd.
  594 F.2d 489· 5th Cir.· 1979-05-07 ·cited 40×
  The court held that a school board can be sued under § 1983 and that Eleventh Amendment immunity does not bar back pay awards against locally controlled school boards. It also affirmed the district court's findings of discrimination and violations of desegregation standards for m
• Cofone v. Manson
  594 F.2d 934· 2d Cir.· 1979-03-27 ·cited 40×
  A prisoner's transfer to another facility, even out-of-state, does not implicate a liberty interest protected by the Due Process Clause unless state law creates a justifiable expectation that the prisoner will not be transferred except for specific reasons like misbehavior.
• Davis v. Howard
  561 F.2d 565· 5th Cir.· 1977-10-17 ·cited 40×
  The court held that the trial court erred by converting a Rule 12(b)(6) motion to dismiss into a summary judgment motion without providing adequate notice and opportunity for the parties to present evidence.
• Duriso v. K-Mart NO. 4195
  559 F.2d 1274· 5th Cir.· 1977-09-28 ·cited 40×
  The court held that sufficient evidence existed to support the jury's finding that the defendants acted under color of state law for a § 1983 claim, and affirmed the judgment.
• Kurek v. Pleasure Driveway & Park Dist. OF Peoria
  557 F.2d 580· 7th Cir.· 1977-05-26 ·cited 40×
  The court held that the Park District's actions, including coercing price fixing and imposing an illegal sales tax, were not protected by the state-action exemption to antitrust laws, and thus the antitrust claim against it should not have been dismissed. The court also reversed
• Guzman v. The W. State Bank OF Devils Lake
  540 F.2d 948· 8th Cir.· 1976-08-27 ·cited 40×
  The court held that the district court erred in granting judgment notwithstanding the verdict because the jury had sufficient evidence to find bad faith, and the punitive damages award against the Bank was excessive.
• Cannon v. The Univ. OF Chicago
  559 F.2d 1063· 7th Cir.· 1976-08-27 ·cited 40×
  The court held that the Civil Rights Attorney's Fees Award Act of 1976 does not create a private right of action under Title IX, and that Lau v. Nichols does not support an implied private right of action under Title IX in this case.
• Knell v. Bensinger
  522 F.2d 720· 7th Cir.· 1975-09-26 ·cited 40×
  The court held that prison administrators are entitled to qualified immunity from damages if they acted with a reasonable good faith belief that their actions did not violate clearly established constitutional rights, even if those actions later proved to be unlawful.
• Garrett v. City OF Hamtramck
  503 F.2d 1236· 6th Cir.· 1974-09-26 ·cited 40×
  The court held that relief could not be granted for claims related to earlier urban renewal projects (Smith-Clay, Chrysler Expressway) or building code enforcement due to improper class action certification and notice.
• Palmer v. Columbia GAS OF Ohio, Inc.
  479 F.2d 153· 6th Cir.· 1973-05-22 ·cited 40×
  A privately owned public utility's termination of essential services, when authorized and regulated by the state, constitutes state action and must comply with due process requirements.
• Lavoie v. Bigwood
  457 F.2d 7· 1st Cir.· 1972-03-03 ·cited 40×
  The court held that a landlord's retaliatory eviction, when facilitated by a state-created monopoly in mobile home park spaces due to zoning, constitutes "state action" under 42 U.S.C. § 1983.
• Azar v. Conley
  456 F.2d 1382· 6th Cir.· 1972-02-22 ·cited 40×
  The court held that the district court erred in dismissing the civil rights action, finding that the plaintiffs adequately alleged a conspiracy under 42 U.S.C. § 1985(3) and that Section 1983 claims could be based on omissions as well as commissions.
• Rinehart v. Locke
  454 F.2d 313· 7th Cir.· 1971-12-06 ·cited 40×
  The court held that the prior dismissal for failure to state a claim, without specification of being without prejudice, operated as res judicata, and that the statute of limitations had also expired.
• Silver v. Dickson
  403 F.2d 642· 9th Cir.· 1968-11-08 ·cited 40×
  State parole board members performing quasi-judicial or discretionary functions are immune from damage suits under the Civil Rights Act.
• Bradford Audio Corp. v. Pious
  392 F.2d 67· 2d Cir.· 1968-03-29 ·cited 40×
  A court-appointed receiver, acting under a facially valid court order, is immune from liability for seizing property as directed by that order, and a claim for seizure of property rights does not fall under 42 U.S.C. § 1983.
• Cole v. Lavern Smith
  344 F.2d 721· 8th Cir.· 1965-05-07 ·cited 40×
  The court held that alleged assaults by prison officials, without a showing of constitutional violation, are not actionable under the Civil Rights Act and are matters for state courts or internal prison discipline.
• Stift v. Lynch
  267 F.2d 237· 7th Cir.· 1959-05-11 ·cited 40×
  The court held that judicial officers, including justices of the peace, and prosecuting officials are immune from civil liability under the Federal Civil Rights Act for actions taken in their official capacities.
• Nolin v. Douglas Cnty.
  903 F.2d 1546· 11th Cir.· 1990-06-26 ·cited 39×
  The court held that the district court did not abuse its discretion in denying a late motion to amend the complaint, excluding employment guidelines due to lack of authentication, and granting a directed verdict for the defendants on due process and emotional distress claims.
• Hill v. Metro. Atlanta Rapid Transit Auth.
  841 F.2d 1533· 11th Cir.· 1988-04-11 ·cited 39×
  The court held that plaintiffs who applied for bus operator positions and met minimum qualifications established a prima facie case of disparate treatment, but other plaintiffs did not. The court also reversed the denial of attorney's fees.
• United States v. The State OF Ala.
  828 F.2d 1532· 11th Cir.· 1987-10-06 ·cited 39×
  The court held that the district court's order requiring submission of a remedial plan was a final, appealable order under 28 U.S.C. § 1291, and that the judge's prior legislative involvement and his children's membership in the plaintiff class did not warrant disqualification.
• Rudolph v. Campbell, Jr.
  831 F.2d 700· 7th Cir.· 1987-09-09 ·cited 39×
  The court affirmed the jury's verdict, finding that any errors in admitting evidence or instructing the jury were not material.
• Riordan v. Kempiners
  831 F.2d 690· 7th Cir.· 1987-09-08 ·cited 39×
  The court held that the district court improperly excluded probative evidence on the plaintiff's Section 1983 claim, requiring reversal and remand. The court affirmed the dismissal of the Equal Pay Act claim based on the presented facts but remanded for reconsideration due to evi
• Morgan v. Dist. OF Columbia
  824 F.2d 1049· D.C. Cir.· 1987-07-21 ·cited 39×
  The verdict awarding $75,000 to an inmate injured in a fight over a sandwich should not stand.
• Barrett v. United States
  798 F.2d 565· 2d Cir.· 1986-07-31 ·cited 39×
  The court held that state Assistant Attorney General Marcus was entitled to absolute immunity for his actions in defending a state lawsuit, but federal attorneys were not entitled to absolute immunity for their efforts to conceal federal involvement in the underlying events.
• Moore v. Warwick Pub. Sch. Dist. NO. 29
  794 F.2d 322· 8th Cir.· 1986-06-13 ·cited 39×
  The court held that the district court erred in dismissing the section 504 claim and in sua sponte granting summary judgment on the section 1983 due process claims.
• United States v. The State OF Ala.
  791 F.2d 1450· 11th Cir.· 1986-06-06 ·cited 39×
  The court held that Alabama State University lacked standing to sue under Section 1983 and Title VI, and that while the Eleventh Amendment bars injunctions against the State Board itself, it permits injunctive relief against Board members in their official capacities.
• Jackson v. Procunier
  789 F.2d 307· 5th Cir.· 1986-05-09 ·cited 39×
  The court held that a prisoner's pro se complaint alleging intentional delay of legal mail, resulting in the dismissal of his civil appeal, stated a claim for the intentional deprivation of a constitutional right of access to the courts, not merely a negligent tort.
• MAY v. Evansville-Vanderburgh Sch. Corp.
  787 F.2d 1105· 7th Cir.· 1986-04-01 ·cited 39×
  Public employees do not have a constitutional right to use employer premises for meetings unrelated to their work, even if the meetings occur during non-work hours.
• Scott v. Vill. OF Kewaskum & Vill. Bd. of Kewaskum
  786 F.2d 338· 7th Cir.· 1986-03-21 ·cited 39×
  A liquor license is not a property interest protected by the Fourteenth Amendment, and operating a tavern is not a common occupation that implicates a liberty interest requiring a statement of reasons for denial.
• Silas J. Alexander v. Chicago Park Dist.
  773 F.2d 850· 7th Cir.· 1985-09-19 ·cited 39×
  The court held that res judicata barred claims based on the same operative facts as prior litigation, and that Title VII is not the exclusive remedy for employment discrimination claims by state employees under § 1983, but Title VI claims cannot be brought under § 1983.