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

• Winston v. Buford
  747 F.2d 445· 8th Cir.· 1984-10-30 ·cited 39×
  The court held that the district court properly granted summary judgment, dismissed the claims as time-barred, and awarded attorneys' fees.
• Anderson v. Cent. Point Sch. Dist. NO. 6
  746 F.2d 505· 9th Cir.· 1984-10-29 ·cited 39×
  The court held that a teacher's letter to the school board concerning athletic program restructuring, even if containing some private details, constitutes protected speech under the First Amendment when its primary subject is a matter of public concern. The court also affirmed th
• Morgado v. Birmingham-Jefferson Cnty. Civil Def. Corps
  706 F.2d 1184· 11th Cir.· 1983-06-10 ·cited 39×
  The court affirmed the district court's findings on discrimination claims but remanded for recalculation of attorney's fees, finding the reduction of hours and failure to account for inflation/delay improper.
• Perry v. The Hous. Auth. OF the City OF Charleston
  664 F.2d 1210· 4th Cir.· 1981-11-24 ·cited 39×
  The court held that the plaintiffs failed to state a federal cause of action, as there was no implied private right of action under the United States Housing Act, no basis for a § 1983 claim, and they were not third-party beneficiaries of the contract between the Housing Authorit
• Clanton v. Orleans Parish Sch. Bd.
  649 F.2d 1084· 5th Cir.· 1981-07-06 ·cited 39×
  The court held that the Board's maternity leave reinstatement policy, while not an irrebuttable presumption violating due process, constituted sex-based discrimination under Title VII because it imposed a burden on female teachers not suffered by male teachers.
• Sparkman v. McFARLIN
  601 F.2d 261· 7th Cir.· 1979-05-02 ·cited 39×
  The court held that a private person can be liable under 42 U.S.C. § 1983 for conspiring with an immune state judge, provided the conspiracy is alleged with particularity. The opinion emphasizes that conclusory allegations are insufficient and require factual support demonstratin
• Shaw v. McCORKLE
  537 F.2d 1289· 5th Cir.· 1976-08-30 ·cited 39×
  The court held that a civil rights action against state officials and their surety for injuries sustained during an arrest is governed by Mississippi's six-year statute of limitations for contract actions, not the one-year statute for intentional torts.
• Reeves v. City OF Jackson
  532 F.2d 491· 5th Cir.· 1976-06-01 ·cited 39×
  The court held that the plaintiff's complaint, alleging false arrest, false imprisonment, and failure to provide medical care, stated tenable claims under federal and state law, and should not have been dismissed at the pleading stage.
• Incarcerated MEN OF Allen Cnty. Jail v. Fair
  507 F.2d 281· 6th Cir.· 1974-11-13 ·cited 39×
  An award of attorney fees is permissible under the "private attorney general" exception to the American Rule for suits vindicating public constitutional rights, and such awards can be assessed against local officials payable from public funds, but not against municipalities direc
• United States ex rel. Lois Sero v. Preiser
  506 F.2d 1115· 2d Cir.· 1974-11-06 ·cited 39×
  The court held that the combination of extended reformatory sentences for young adult misdemeanants and identical conditions of confinement as adult misdemeanants violates the Equal Protection Clause of the Fourteenth Amendment.
• Smith v. Cherry
  489 F.2d 1098· 7th Cir.· 1973-11-27 ·cited 39×
  The court held that plaintiffs sufficiently alleged deprivation of rights under the Constitution and Civil Rights Act, reversing the dismissal of their complaint.
• Jennings v. Ilus W. Davis
  476 F.2d 1271· 8th Cir.· 1973-04-20 ·cited 39×
  The court held that respondeat superior is not available to impose vicarious liability under 42 U.S.C. § 1983 for a defendant who has no personal involvement in the alleged deprivation of rights, and that negligence claims also failed due to lack of affirmative duty or personal i
• Eslinger v. Lovick Oliphant Thomas
  476 F.2d 225· 4th Cir.· 1973-03-28 ·cited 39×
  State legislators are immune from suit under the Speech or Debate Clause, and a clerk acted in good faith, precluding damages. However, a Senate resolution denying females the position of page solely based on sex violates the Equal Protection Clause.
• Presidents Council v. Cmty. Sch. Bd. NO. 25
  457 F.2d 289· 2d Cir.· 1972-03-21 ·cited 39×
  The court held that the removal of a book from a junior high school library by a Community School Board did not violate students' or teachers' First Amendment rights, as the Board has the authority to select library materials and no speech or thought was curtailed.
• Burkes v. Callion
  433 F.2d 318· 9th Cir.· 1970-11-04 ·cited 39×
  Government officers performing judicial or quasi-judicial functions are immune from liability under 42 U.S.C. § 1983 for conduct within their official duties.
• Gillibeau v. City OF Richmond
  417 F.2d 426· 9th Cir.· 1969-10-13 ·cited 39×
  The court held that the district court erred in dismissing the plaintiffs' civil rights claims for failure to state a claim or for violating Rule 8(a)(2), and that the breach of contract claim should be considered on remand.
• Quincy A. Williams v. Correctional Officer Radford
  64 F.4th 1185· 11th Cir.· 2023-04-04 ·cited 38×
  The Eleventh Circuit held that the district court erred in granting summary judgment on two of the plaintiff's retaliation claims against Captain Scarpati, but affirmed summary judgment on the third retaliation claim.
• Johnson v. City of Miami Beach
  18 F.4th 1267· 11th Cir.· 2021-11-19 ·cited 38×
  The court held that a reasonable jury could find that Officer Aguila used excessive force and committed battery by forcibly striking an arrestee who was secured, not resisting, and not posing a threat, and thus summary judgment was improperly granted.
• Sureshbhai Patel v. City of Madison
  959 F.3d 1330· 11th Cir.· 2020-05-27 ·cited 38×
  The court held that genuine issues of material fact remain regarding whether Officer Parker used excessive force, precluding summary judgment based on qualified immunity.
• K.H. v. Morgan
  914 F.2d 846· 7th Cir.· 1990-09-24 ·cited 38×
  The court held that defendants are not entitled to immunity for placing a child with a known abusive foster parent, as this right was clearly established. However, a general claim of shuttling children among foster homes is too novel for damages liability.
• NEW Burnham Prairie Homes v. Vill. OF Burnham
  910 F.2d 1474· 7th Cir.· 1990-08-21 ·cited 38×
  The court held that the district court properly granted summary judgment on the RICO, due process, and equal protection claims, and that evidentiary and instructional rulings during the trial of the racial discrimination claims were not an abuse of discretion.
• Sims v. Mulcahy
  902 F.2d 524· 7th Cir.· 1990-05-09 ·cited 38×
  The court affirmed the district court's judgment, finding no abuse of discretion in evidentiary rulings and that jury instructions adequately covered the plaintiff's claims.
• Fleming v. Cnty. OF Kane
  898 F.2d 553· 7th Cir.· 1990-03-27 ·cited 38×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not abuse its discretion in excluding evidence regarding the propriety of the Orchard Road project, and affirmed the denial of the motion for a new trial, but modified the damages award for lost wages.
• Meral Smith v. Evans
  853 F.2d 155· 3d Cir.· 1988-07-21 ·cited 38×
  An untimely Rule 59(e) motion does not toll the time for filing a notice of appeal, and the appeal must be dismissed for lack of jurisdiction.
• Fleury v. Clayton
  847 F.2d 1229· 7th Cir.· 1988-05-11 ·cited 38×
  A formal censure by a state agency deprives a physician of a property interest in their license, triggering Due Process Clause protections.
• Leer v. Al Murphy
  844 F.2d 628· 9th Cir.· 1988-04-04 ·cited 38×
  The court held that the inmates failed to establish a genuine issue of material fact regarding the actual and proximate cause of their injuries by any individual prison official, and thus summary judgment was appropriate.
• Collins v. City OF SAN Diego
  841 F.2d 337· 9th Cir.· 1988-03-10 ·cited 38×
  The court affirmed the district court's judgment, holding that the plaintiff's Title VII claim was abandoned or time-barred, and her § 1983 claim failed because the municipality cannot be held liable under a respondeat superior theory and the supervisor was not a final policymake
• Martha Molton for the Estate of William Molton v. City OF Cleveland
  839 F.2d 240· 6th Cir.· 1988-02-01 ·cited 38×
  The court held that the City of Cleveland could not be held liable under § 1983 for the decedent's suicide due to a lack of evidence of a municipal policy or custom, but affirmed the jury's verdict on state law claims of wrongful death and assault and battery.
• Friedel v. City OF Madison
  832 F.2d 965· 7th Cir.· 1987-10-13 ·cited 38×
  The court held that the plaintiffs failed to present sufficient evidence to create a genuine dispute of material fact regarding intentional discrimination, and thus summary judgment for the defendants was appropriate.
• Catlett v. Mo. Hwy. & Transp. Comm'n
  828 F.2d 1260· 8th Cir.· 1987-09-09 ·cited 38×
  The court held that the jury's verdict for the state on individual claims barred Title VII judgments for those individuals, but affirmed class-wide discrimination findings. It reversed gender-conscious hiring goals and remanded for modification of relief.
• Del Raine v. Carlson
  826 F.2d 698· 7th Cir.· 1987-08-14 ·cited 38×
  The court held that the magistrate erred in dismissing the entire complaint for failure to make timely service, as the plaintiff is entitled to expungement of his segregation record and the issue of timely service for damages claims requires further determination.
• Santiago v. Nestor Velazquez Garcia
  821 F.2d 822· 1st Cir.· 1987-06-05 ·cited 38×
  The court held that a prison regulation creating procedural rights for inmate transfers can create a liberty interest protected by due process, and a violation of these procedures, specifically a delayed post-transfer hearing, constitutes a due process violation for which damages
• Davis v. Lane
  814 F.2d 397· 7th Cir.· 1987-03-10 ·cited 38×
  The court held that the trial court erred by merging jury instructions for federal and state law claims and by directing a verdict on the due process claim, requiring a new trial.
• Hossman v. Spradlin
  812 F.2d 1019· 7th Cir.· 1987-01-13 ·cited 38×
  The court held that neither the prisoner's confinement nor the loss of his legal papers amounted to a deprivation of meaningful access to the courts, and the Due Process Clause does not provide a basis for suit when an adequate state remedy exists.
• Brown v. Tex. A & M Univ.
  804 F.2d 327· 5th Cir.· 1986-11-17 ·cited 38×
  The court held that the plaintiff failed to plead his procedural due process claim with sufficient particularity to overcome qualified immunity, but may replead a substantive due process claim for retaliation.
• Rascon v. Hardiman
  803 F.2d 269· 7th Cir.· 1986-09-26 ·cited 38×
  The court held that the jury's verdict against Director Hardiman could not stand due to insufficient opportunity for defense and unclear jury instructions, requiring a new trial. The court also found the jury instructions regarding Officer Stein's duty to intervene were inadequat
• Morton v. Becker
  793 F.2d 185· 8th Cir.· 1986-06-06 ·cited 38×
  The court held that the plaintiff's complaint failed to state a claim under 42 U.S.C. § 1983 because it did not sufficiently allege a causal connection between the defendants' actions and the plaintiff's alleged injuries.
• Sims v. Jefferson Downs Racing Ass'n, Inc.
  778 F.2d 1068· 5th Cir.· 1985-12-18 ·cited 38×
  The court held that a private racetrack cannot unilaterally exclude a licensed permittee without following state racing commission rules and procedures, and that such exclusion may constitute state action actionable under § 1983 if state officials are involved. The court also rem
• Roberts v. The City OF Troy & Forrest O. Fisher
  773 F.2d 720· 6th Cir.· 1985-09-30 ·cited 38×
  The court's majority opinion, which this concurrence agrees with, likely found that the Parratt-Beebe analysis for procedural due process claims was inapplicable to deprivations of life, and that the conduct was not random and unauthorized, nor was there an adequate post-deprivat
• Hollins v. Powell
  773 F.2d 191· 8th Cir.· 1985-09-11 ·cited 38×
  The court held that a mayor's actions, when taken under the authority of his office, can represent official policy, making the municipality liable under § 1983. The court also found that the damage awards were excessive and ordered a remittitur.
• Kelson v. The City OF Springfield
  767 F.2d 651· 9th Cir.· 1985-08-02 ·cited 38×
  Parents possess a constitutionally protected liberty interest in the companionship and society of their child, actionable under 42 U.S.C. § 1983.
• Richard ("Dick") Schultz v. Sundberg
  759 F.2d 714· 9th Cir.· 1985-04-30 ·cited 38×
  The court held that state legislative and executive officials were immune from suit, and the § 1985(3) and pendent state claims were properly dismissed.
• Hewitt v. City OF Truth OR Consequences
  758 F.2d 1375· 10th Cir.· 1985-04-04 ·cited 38×
  The court held that ordinary negligence can support a § 1983 suit, but the facts presented could also support a finding of gross negligence or wanton conduct.
• Equal Emp. Opportunity Comm'n v. Gaddis
  733 F.2d 1373· 10th Cir.· 1984-05-02 ·cited 38×
  The court held that the appeal was timely filed and that the district court's findings of discrimination and award of damages were supported by the record and applicable law.
• Ezzat E. Majd-Pour v. Georgiana Cmty. Hosp., Inc.
  724 F.2d 901· 11th Cir.· 1984-02-06 ·cited 38×
  The court held that while the denial of a temporary restraining order was proper due to lack of demonstrated jurisdiction, the case should not have been dismissed for lack of subject matter jurisdiction without affording the plaintiff an opportunity for discovery.
• Lawson v. Sheriff OF Tippecanoe Cnty.
  725 F.2d 1136· 7th Cir.· 1984-01-23 ·cited 38×
  An offer of alternative employment does not negate a deprivation of liberty if the offered position is degradingly inferior to the original job.
• Jones v. Mabry
  723 F.2d 590· 8th Cir.· 1983-11-30 ·cited 38×
  The dissenting judge would dismiss the case as moot because the issues are no longer live due to new regulations and the removal of the challenged classification and restrictions.
• Aristides Gonzalez v. Dep't OF the Army
  718 F.2d 926· 9th Cir.· 1983-10-17 ·cited 38×
  Title VII does not apply to uniformed members of the armed forces, and claims under 42 U.S.C. § 1981 by military personnel are generally unreviewable by civilian courts due to interference with military functions.
• Keniston v. Roberts
  717 F.2d 1295· 9th Cir.· 1983-10-05 ·cited 38×
  The court held that the plaintiff's allegations were sufficient to invoke federal jurisdiction for a due process claim, and that the district court abused its discretion by denying leave to amend the complaint.
• Gwendola M. Jones v. Graham
  709 F.2d 1457· 11th Cir.· 1983-07-22 ·cited 38×
  The court held that the district court did not abuse its discretion in dismissing the action for failure to prosecute and comply with court orders, finding extreme circumstances supported dismissal as a last resort.