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

• LaFALCE v. Houston
  712 F.2d 292· 7th Cir.· 1983-07-14 ·cited 38×
  The First Amendment does not forbid a city from using political criteria in awarding public contracts, as the interest in free expression for contractors is less compelling than for public employees.
• Dunn v. The State OF Tenn.
  697 F.2d 121· 6th Cir.· 1982-12-30 ·cited 38×
  A claim for malicious prosecution under 42 U.S.C. § 1983 can be actionable if it alleges a deprivation of constitutional rights under color of state law, and such a claim accrues upon the favorable termination of the underlying criminal proceeding.
• Hull v. City OF Duncanville
  678 F.2d 582· 5th Cir.· 1982-06-16 ·cited 38×
  A municipality's negligent failure to enforce its own ordinance or maintain a crossing does not rise to the level of a constitutional tort actionable under 42 U.S.C. § 1983.
• Glass v. Pfeffer
  657 F.2d 252· 10th Cir.· 1981-08-03 ·cited 38×
  The court held that an appeal is timely if filed within 30 days of the final order deciding all issues, including attorneys' fees, and that attorneys' fees cannot be assessed against counsel under 28 U.S.C. § 1927 without notice and a hearing.
• United States v. City OF Philadelphia
  644 F.2d 187· 3d Cir.· 1980-12-29 ·cited 38×
  The dissenting judge argues that the case warrants en banc review because the panel decision conflicts with prior circuit precedent and Supreme Court authority regarding the Attorney General's authority to bring suit and the pleading standards applicable to the government. The di
• Lutcher v. Musicians Union Local 47
  633 F.2d 880· 9th Cir.· 1980-12-08 ·cited 38×
  The court held that a plaintiff's status as an independent contractor does not preclude a Title VII claim against a union for interfering with employment opportunities, and that a genuine issue of material fact existed regarding the School District's motive for contract non-renew
• McCULLOCH v. Glasgow
  620 F.2d 47· 5th Cir.· 1980-06-23 ·cited 38×
  The court held that the state claim damages award was improper due to erroneous jury instructions regarding adverse possession against a municipality, and the federal due process claim damages award was also improper due to uncertainty in the jury's findings regarding actual vers
• Carmi v. Metro. ST. Louis Sewer Dist.
  620 F.2d 672· 8th Cir.· 1980-05-06 ·cited 38×
  The court held that the Rehabilitation Act imposes a requirement that entities receiving federal grants refrain from discriminating against their employees on the basis of handicap, and that Section 604 of Title VI should not be interpreted to restrict individual actions under th
• LEE v. Joseph "Scooter Joe" Willins
  617 F.2d 320· 2d Cir.· 1980-03-17 ·cited 38×
  Prosecutors are absolutely immune from civil liability for actions taken in initiating a prosecution and presenting the state's case, even if those actions involve alleged misconduct like coercing testimony or planting evidence, if the resulting harm is directly tied to the prose
• Battle v. Park Anderson
  614 F.2d 251· 10th Cir.· 1980-01-21 ·cited 38×
  The court affirmed the district court's award of attorney fees under 42 U.S.C. § 1988, finding the attorney represented the prevailing party and the award was supported by substantial evidence. The court remanded for further findings regarding inmate access to courts.
• McGRUDER v. Phelps
  608 F.2d 1023· 5th Cir.· 1979-12-26 ·cited 38×
  The court held that the district court erred in dismissing the complaint because the facts alleged regarding prolonged confinement and lack of outdoor exercise may constitute an Eighth Amendment violation.
• Bertot v. Sch. Dist. NO. 1
  613 F.2d 245· 10th Cir.· 1979-11-26 ·cited 38×
  The dissenting judge would affirm the district court's judgment, finding the Board entitled to immunity based on good faith.
• McNAMARA v. Moody
  606 F.2d 621· 5th Cir.· 1979-11-15 ·cited 38×
  The court held that an award of attorney's fees against an official in their individual capacity requires a finding of bad faith, absent clear Congressional intent otherwise.
• Sinicropi v. Nassau Cnty.
  601 F.2d 60· 2d Cir.· 1979-06-12 ·cited 38×
  The court held that a plaintiff who litigated sex discrimination claims in state administrative and judicial proceedings is barred by res judicata from bringing the same claims in federal court under Title VII.
• Francia v. White
  594 F.2d 778· 10th Cir.· 1979-03-14 ·cited 38×
  The court held that the trial court's award of attorneys' fees was insufficient and remanded for reconsideration, but affirmed the finding that plaintiffs were terminated in violation of their First and Fourteenth Amendment rights.
• Hudak v. Curators OF the Univ. OF Mo.
  586 F.2d 105· 8th Cir.· 1978-11-15 ·cited 38×
  The court held that the district court did not abuse its discretion in denying the appointment of counsel to the plaintiff.
• Mrs. Patsy Ruth White v. Dallas Indep. Sch. Dist.
  581 F.2d 556· 5th Cir.· 1978-10-06 ·cited 38×
• Page v. Preisser
  585 F.2d 336· 8th Cir.· 1978-10-02 ·cited 38×
  The court held that the Iowa regulations restricting access to AFDC case files contravene federal regulations and are void under the supremacy clause.
• Cohen v. Ill. Inst. OF Tech.
  581 F.2d 658· 7th Cir.· 1978-08-02 ·cited 38×
  The court held that the district court properly denied the plaintiff's motion to amend her complaint because the proposed amendments still failed to cure the original defect of insufficient allegations of state action.
• Matilde R. Ramirez de Arellano v. de Choudens
  575 F.2d 315· 1st Cir.· 1978-05-10 ·cited 38×
  The court held that the plaintiff's claim was time-barred because the prior mandamus action did not toll the statute of limitations for her § 1983 claim. The court also found that the plaintiff's due process rights were not violated.
• Herrmann v. Moore
  576 F.2d 453· 2d Cir.· 1978-05-10 ·cited 38×
  The court held that the plaintiff failed to demonstrate that the defendants acted under color of state law to deprive him of constitutional rights, or that they conspired with the requisite discriminatory animus for § 1985 claims.
• Kimbrough v. Ark. Activities Ass'n
  574 F.2d 423· 8th Cir.· 1978-04-18 ·cited 38×
  The court held that a plaintiff who obtains interim relief on a non-constitutional ground can be considered a prevailing party eligible for attorney's fees under 42 U.S.C. § 1988.
• Khalieb McKINNON v. Patterson
  568 F.2d 930· 2d Cir.· 1977-09-15 ·cited 38×
  The court held that while prisoners are entitled to due process before being placed in keeplock, damages and expungement were not warranted, and the notice requirement applies to keeplock.
• Gentile v. Wallen
  562 F.2d 193· 2d Cir.· 1977-09-15 ·cited 38×
  A school board can be sued directly under the Fourteenth Amendment for alleged due process violations, and a teacher's claim of stigmatization requires the information to be both false and publicly disseminated by the entity.
• Clark v. Lon Mann
  562 F.2d 1104· 8th Cir.· 1977-08-31 ·cited 38×
  The court held that the class of plaintiffs was limited as stipulated, the statute of limitations is three years, and while one plaintiff was discriminated against in promotion, the others failed to prove racial discrimination or due process violations in their terminations.
• Eskel Norbeck v. Davenport Cmty. Sch. Dist.
  545 F.2d 63· 8th Cir.· 1976-11-29 ·cited 38×
• Earlean McCORMICK v. Attala Cnty. Bd. OF Educ.
  541 F.2d 1094· 5th Cir.· 1976-11-04 ·cited 38×
  The court held that the district court erred in refusing to award back pay and reinstatement without adequately articulating the unique circumstances justifying such denial.
• Scott v. Plante
  532 F.2d 939· 3d Cir.· 1976-03-29 ·cited 38×
  The court held that the district court improperly dismissed the plaintiff's claims, including those regarding involuntary medication, confinement without treatment, physical conditions, unconstitutional confinement, and procedural issues in hearings, and that the plaintiff's requ
• Covington v. Cole
  528 F.2d 1365· 5th Cir.· 1976-03-22 ·cited 38×
  The majority held that the district court erred in summarily dismissing the pro se complaint and that the case must be remanded for further development.
• King v. Yellow Freight Sys., Inc.
  523 F.2d 879· 8th Cir.· 1975-10-07 ·cited 38×
  The court held that the plaintiff failed to prove racial discrimination and that the employer had a legitimate, nondiscriminatory reason for the discharge based on the plaintiff's driving record.
• United States v. The City OF Jackson
  519 F.2d 1147· 5th Cir.· 1975-09-25 ·cited 38×
  The court held that appellants were not entitled to intervene as of right in the government's employment discrimination suit and that the trial court's delay in ruling on a preliminary injunction did not constitute an appealable denial. Both appeals were dismissed.
• Hansen v. Ahlgrimm
  520 F.2d 768· 7th Cir.· 1975-07-08 ·cited 38×
  The court held that a private attorney prosecuting an order to show cause in state court is not acting under color of state law for purposes of a § 1983 claim, and declaratory relief against a judge requires a live case or controversy.
• Garland M. Fitzpatrick v. Bitzer
  519 F.2d 559· 2d Cir.· 1975-06-02 ·cited 38×
  The Eleventh Amendment bars a federal court from awarding retroactive monetary damages against a state, but it does not bar an award of attorneys' fees that are ancillary to permissible prospective injunctive relief.
• Waits v. Hon. Raymond McGOWAN
  516 F.2d 203· 3d Cir.· 1975-04-30 ·cited 38×
  State judges, prosecutors, public defenders, and their investigators are immune from suit under 42 U.S.C. §§ 1983 and 1985(3) when acting within the scope of their official duties.
• Paskaly v. Seale
  506 F.2d 1209· 9th Cir.· 1974-11-20 ·cited 38×
  The court held that the plaintiff failed to establish a claim under 42 U.S.C. § 1983 because his property or liberty interests were not deprived without due process of law by the defendant's actions.
• Drexler v. Sw. Dubois Sch. Corp.
  504 F.2d 836· 7th Cir.· 1974-10-15 ·cited 38×
  The dissenting judge believes the District Judge's decision should be affirmed.
• Taylor v. Perini
  503 F.2d 899· 6th Cir.· 1974-10-03 ·cited 38×
  The court held that the Eleventh Amendment bars suits against the State and its superintendent, and that the Attorney General cannot waive sovereign immunity. Personal liability for the superintendent requires a finding of bad faith.
• Reuben Abeyta v. The Town OF Taos
  499 F.2d 323· 10th Cir.· 1974-07-02 ·cited 38×
  The court held that former police officers were not entitled to a termination hearing as they lacked a protected property or liberty interest, and that the trial court did not abuse its discretion in denying equitable relief to one officer discharged improperly.
• Stuart M. Christhilf, Jr., M.D. v. The Annapolis Emergency Hosp. Ass'n, Inc.
  496 F.2d 174· 4th Cir.· 1974-04-23 ·cited 38×
  The court held that the hospital board denied the physician procedural due process by limiting his ability to defend against past infractions considered as 'historical background' rather than examining their merits.
• Raper v. Lucey
  488 F.2d 748· 1st Cir.· 1973-12-11 ·cited 38×
  The court held that the failure to provide reasons for denying a motor vehicle license application and the failure to publish the Board of Appeal's policies violate procedural due process.
• Cruz v. Lyman Cardwell
  486 F.2d 550· 8th Cir.· 1973-10-31 ·cited 38×
  The court held that the pro se complaint stated a claim for relief under 42 U.S.C. § 1983 and should not have been dismissed at the pleading stage.
• Denman v. Leedy
  479 F.2d 1097· 6th Cir.· 1973-06-08 ·cited 38×
  The court held that the district court properly dismissed the complaint for failure to state a claim upon which relief can be granted.
• Inmates OF Attica Correctional Facility v. Rockefeller
  477 F.2d 375· 2d Cir.· 1973-04-18 ·cited 38×
  Federal courts cannot compel federal or state officials to investigate or prosecute alleged criminal violations, as this infringes upon executive discretion and separation of powers.
• Lynch v. Snepp
  472 F.2d 769· 4th Cir.· 1973-01-26 ·cited 38×
  A federal court should not grant a preliminary injunction to restrain a state civil proceeding unless the federal plaintiff demonstrates great and immediate irreparable injury that cannot be remedied by the state court.
• Ihrke v. N. States Power Co.
  459 F.2d 566· 8th Cir.· 1972-05-03 ·cited 38×
• Abele v. Markle
  452 F.2d 1121· 2d Cir.· 1971-12-13 ·cited 38×
  The court held that non-pregnant women of child-bearing age lack standing to challenge the anti-abortion statutes, but physicians, nurses, and counselors do have standing. The district court erred in dismissing the case for lack of jurisdiction and should have convened a three-ju
• Nationwide Amusements, Inc. v. Nattin
  452 F.2d 651· 4th Cir.· 1971-12-09 ·cited 38×
  The court held that the district court erred in dismissing the case on the merits when it was before the court only on a motion for a preliminary injunction, without adequate notice to the parties.
• Nolan v. Fitzpatrick
  451 F.2d 545· 1st Cir.· 1971-11-04 ·cited 38×
  Prisoners retain a First Amendment right to send letters to the news media concerning prison matters, and a total ban on such correspondence is unconstitutional.
• Caulder v. Durham Hous. Auth.
  433 F.2d 998· 4th Cir.· 1970-11-06 ·cited 38×
  A tenant in federally assisted public housing is entitled to due process protections, including adequate notice and a meaningful hearing, before termination of her lease.
• Nat'l Land & Inv. Co. v. Arlen Specter
  428 F.2d 91· 3d Cir.· 1970-06-25 ·cited 38×
  The court affirmed the district court's order denying a preliminary injunction because the plaintiffs failed to establish the necessary prerequisites.