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

• Nguyen DA YEN v. Kissinger
  528 F.2d 1194· 9th Cir.· 1975-11-05 ·cited 36×
  The court held that the district court had jurisdiction under the habeas corpus statute and that plaintiffs' attorneys must have access to children's records to determine claims of illegal detention.
• Pope v. Chew
  521 F.2d 400· 4th Cir.· 1975-08-04 ·cited 36×
  The court held that a hearing must be afforded before a conditional pardon can be revoked, even if revocation is based on a criminal conviction, because the revocation may involve the exercise of discretion.
• GAY Students Org. OF the Univ. OF NEW Hampshire v. Bonner
  509 F.2d 652· 1st Cir.· 1974-12-30 ·cited 36×
  The court held that restricting a student organization's social functions on campus impermissibly abridged its members' First Amendment rights of association, even if the organization was recognized and other activities were permitted.
• Harry H. and Thelma Gibbs v. Titelman
  502 F.2d 1107· 3d Cir.· 1974-08-01 ·cited 36×
  The court held that private self-help repossession of automobiles, even when permitted by state statute, does not constitute state action under the Fourteenth Amendment or 42 U.S.C. § 1983.
• Thistlethwaite v. The City OF NEW York
  497 F.2d 339· 2d Cir.· 1974-05-13 ·cited 36×
  The court held that a prior state court determination on the constitutionality of park regulations, arising from a criminal conviction for violating those regulations, has res judicata effect and bars a subsequent federal action under the Civil Rights Act seeking similar relief.
• O'Brien v. Moriarty
  489 F.2d 941· 5th Cir.· 1974-01-09 ·cited 36×
  The court held that the plaintiffs' confinement conditions, while restrictive, did not rise to the level of cruel and unusual punishment under the Eighth Amendment, and prison officials have broad discretion in managing security.
• Johnson v. Ry. Express Agency, Inc.
  489 F.2d 525· 6th Cir.· 1973-11-27 ·cited 36×
  The court held that the thirty-day refiling period for a Title VII action dismissed without prejudice is jurisdictional, and the Tennessee Savings Statute does not apply. It also held that filing with the EEOC does not toll the statute of limitations for claims under 42 U.S.C. §
• Hetrick v. Martin
  480 F.2d 705· 6th Cir.· 1973-06-15 ·cited 36×
  A state university may refuse to renew a nontenured teacher's contract based on pedagogical attitudes and teaching methods that do not conform to the university's academic goals, without violating the First Amendment.
• Thoms v. Heffernan
  473 F.2d 478· 2d Cir.· 1973-01-08 ·cited 36×
  The dissenting judge believes the court lacks appellate jurisdiction because the three-judge district court failed to properly address injunctive relief, and thus the case should be remanded.
• Horton v. Orange Cnty. Bd. OF Educ.
  464 F.2d 536· 4th Cir.· 1972-06-13 ·cited 36×
  The court held that while the teacher's ultimate severance was proper, the termination was improper due to lack of notice and opportunity for a hearing regarding the stated grounds for dismissal.
• Rodriguez v. McGINNIS
  456 F.2d 79· 2d Cir.· 1972-01-25 ·cited 36×
  The court affirmed the district court's orders releasing petitioners, holding that their claims for good behavior time credit were properly considered under the habeas corpus statute, which requires exhaustion of state remedies.
• Like v. Proctor N. Carter
  448 F.2d 798· 8th Cir.· 1971-09-16 ·cited 36×
  The court held that the state's failure to process welfare applications within the federal 30-day requirement violated federal law and constitutional rights, and that the case could proceed as a class action.
• Lefcourt v. The Legal AID Soc'y
  445 F.2d 1150· 2d Cir.· 1971-06-18 ·cited 36×
  The appellate court has jurisdiction solely to correct the lower court's error in entertaining a suit without jurisdiction, and cannot reach the merits.
• Keyes v. Sch. Dist. NO. 1
  445 F.2d 990· 10th Cir.· 1971-06-11 ·cited 36×
  The court held that the school board's actions in drawing attendance boundaries, constructing schools, and manipulating transfers constituted purposeful de jure segregation, violating the Fourteenth Amendment. The rescission of integration resolutions was also found to perpetuate
• Dellinger v. Mitchell
  442 F.2d 782· D.C. Cir.· 1971-02-16 ·cited 36×
  A district court's stay order is improper if it is immoderate in duration and scope, particularly when applied to parties not involved in the related criminal case or when it extends beyond the trial phase of the criminal proceedings.
• Patrica Drown v. Portsmouth Sch. Dist.
  435 F.2d 1182· 1st Cir.· 1970-12-18 ·cited 36×
  A non-tenured teacher not rehired is entitled to a detailed written explanation of the reasons for non-retention and access to evaluation reports, but not a full administrative hearing.
• Webster Bivens v. SIX Unknown Named Agents OF the Fed. Bureau OF Narcotics
  409 F.2d 718· 2d Cir.· 1969-04-10 ·cited 36×
  Federal courts can entertain state-created causes of action against federal officers for constitutional violations, even if no specific federal statute authorizes such suits.
• Williams v. Dunbar
  377 F.2d 505· 9th Cir.· 1967-04-26 ·cited 36×
  The court held that the appellant's claims for violation of due process in parole revocation procedures did not raise a federal question, and state law claims were also properly dismissed.
• Green St. Ass'n v. Daley
  373 F.2d 1· 7th Cir.· 1967-01-25 ·cited 36×
  The court held that plaintiffs lacked standing to challenge the urban renewal plan under the Housing Act and that Count I, alleging racial discrimination through eminent domain, was properly dismissed because the motives behind the taking were not subject to federal judicial revi
• Adams v. City OF Park Ridge
  293 F.2d 585· 7th Cir.· 1961-08-21 ·cited 36×
  A municipal ordinance prohibiting solicitation of funds for charitable purposes without prior consent of the City Council, which lacks standards for granting or withholding permits and exempts a specific organization, is an unconstitutional prior restraint on free speech and viol
• Efron v. Madeleine Candelario
  110 F.4th 1229· 11th Cir.· 2024-08-02 ·cited 35×
  The Rooker-Feldman doctrine bars federal district courts from reviewing state court judgments, and claims that are inextricably intertwined with such judgments are dismissed for lack of subject matter jurisdiction.
• Wells v. Warden
  58 F.4th 1347· 11th Cir.· 2023-02-01 ·cited 35×
  In this case, the Eleventh Circuit Court of Appeals addressed whether Jeremy Wells had incurred three "strikes" under the Prison Litigation Reform Act's three-strikes rule, which prevents prisoners from proceeding in forma pauperis (without prepaying court fees) after accumulatin
• Support Working Animals, Inc. v. Governor of Florida
  8 F.4th 1198· 11th Cir.· 2021-08-12 ·cited 35×
  The court held that the plaintiffs lacked Article III standing because their alleged injuries were neither fairly traceable to the Attorney General's conduct nor redressable by a favorable judgment against her.
• Swain v. Junior
  958 F.3d 1081· 11th Cir.· 2020-05-05 ·cited 35×
  The court granted a stay of the preliminary injunction pending appeal, finding the defendants were likely to succeed on appeal due to probable errors by the district court.
• Rutherford v. McDONOUGH
  466 F.3d 970· 11th Cir.· 2006-10-05 ·cited 35×
  The Eleventh Circuit affirmed the district court's dismissal of Arthur Rutherford's § 1983 lawsuit challenging Florida's three-drug lethal injection protocol. Despite the Supreme Court's decision in Hill v. McDonough, which rendered one of the district court's dismissal grounds i
• Abusaid v. Hillsborough Cnty. Bd. OF Cnty. Comm'rs
  405 F.3d 1298· 11th Cir.· 2005-04-15 ·cited 35×
  Elias Abusaid opened a nightclub in Hillsborough County, Florida, and was arrested multiple times and prosecuted for violating the county's Dance Hall Ordinance. After his criminal conviction, Abusaid sued the Hillsborough County Sheriff's Office and the County under 42 U.S.C. §
• Crymes v. Dekalb Cnty.
  923 F.2d 1482· 11th Cir.· 1991-02-19 ·cited 35×
  The court held that the county commissioners' denial of a specific development permit, which applied policy to a specific party, was administrative rather than legislative, and thus they were not entitled to absolute legislative immunity.
• Starrett v. Wadley
  876 F.2d 808· 10th Cir.· 1989-05-22 ·cited 35×
  The court held that sexual harassment can violate the Fourteenth Amendment's Equal Protection Clause and that a supervisor's termination of an employee can constitute official policy for which a county may be liable under Section 1983, but other acts of harassment may not.
• Apostol v. Gallion
  870 F.2d 1335· 7th Cir.· 1989-03-28 ·cited 35×
  An appeal from the denial of qualified immunity, based on the collateral order doctrine, divests the district court of jurisdiction to proceed with trial, unless the district court certifies the appeal as frivolous or forfeited.
• Bethune Plaza, Inc. v. Lumpkin
  863 F.2d 525· 7th Cir.· 1988-11-23 ·cited 35×
  The court held that a trade association's mere concern with the stare decisis effect of a district court opinion is insufficient to justify intervention as of right under Rule 24(a)(2).
• Carswell v. BAY Cnty.
  854 F.2d 454· 11th Cir.· 1988-09-07 ·cited 35×
  A private physician under contract with a county jail to provide medical services acts under color of state law for § 1983 purposes, and evidence of knowledge of need and intentional refusal to provide care constitutes deliberate indifference.
• Jones v. Floretta Dukes McKENZIE
  833 F.2d 335· D.C. Cir.· 1987-11-17 ·cited 35×
  The court held that it is not unreasonable for a school system to require drug testing of employees whose duties directly impact the safety of children, when conducted as part of a routine medical examination, provided the test has a nexus to the employer's safety concern.
• Knowlton Merritt v. MacKey
  827 F.2d 1368· 9th Cir.· 1987-09-16 ·cited 35×
  The court held that the plaintiff's interest in continued private employment, based on a 'just cause' contract provision, was not a constitutionally protected property interest under the Due Process Clause. Even if it were, post-deprivation remedies would have been adequate.
• Wideman v. Shallowford Cmty. Hosp., Inc.
  826 F.2d 1030· 11th Cir.· 1987-09-08 ·cited 35×
  A county government's alleged practice of using its emergency vehicles to transport patients only to certain hospitals does not violate any established constitutional right, and therefore, plaintiffs have failed to state a claim under 42 U.S.C. § 1983.
• Silver v. Faye Baggiano
  804 F.2d 1211· 11th Cir.· 1986-11-24 ·cited 35×
  The Eleventh Amendment bars federal court jurisdiction over state law claims against a state agency, and the Social Security Act does not provide a private right of action for healthcare providers to enforce its provisions.
• A1 Friedman v. Bd. OF Cnty. Comm'rs OF Bernalillo Cnty.
  781 F.2d 777· 10th Cir.· 1985-12-26 ·cited 35×
  The appellate court affirmed the district court's ruling, holding that the Bernalillo County seal, which includes a cross and the motto "CON ESTA VENCEMOS," does not violate the Establishment Clause or the Free Exercise Clause of the First Amendment, nor the Religion Clause of th
• Joan W. v. City OF Chicago
  771 F.2d 1020· 7th Cir.· 1985-08-26 ·cited 35×
  The court held that while the plaintiff's counsel's "Golden Rule" argument was improper, it was not reversible error given the trial court's actions. However, the jury's $112,000 damage award was found to be excessive.
• Garcia v. Salt Lake Cnty.
  768 F.2d 303· 10th Cir.· 1985-07-17 ·cited 35×
  A municipality can be held liable under 42 U.S.C. § 1983 for constitutional deprivations resulting from its official policy or custom, even if individual officers' actions do not independently violate civil rights.
• Rittenhouse v. DeKALB Cnty.
  764 F.2d 1451· 11th Cir.· 1985-07-09 ·cited 35×
  A state law remedy is adequate under Parratt even if principal defendants are immune from suit, and therefore a § 1983 claim based on negligence is not cognizable if pre-deprivation process was not feasible.
• Kolar v. Cnty. OF Sangamon OF the State OF Ill.
  756 F.2d 564· 7th Cir.· 1985-03-04 ·cited 35×
  A judgment obtained under 42 U.S.C. § 1983 against a local government employee acting within the scope of employment constitutes a "tort judgment" under Illinois law, making the local entity liable for that judgment and associated attorney's fees and costs, even if punitive damag
• Williams v. City OF Dothan
  745 F.2d 1406· 11th Cir.· 1984-11-05 ·cited 35×
  The court held that the district court erred in granting summary judgment, as plaintiffs' claims were not barred by estoppel or the Tax Injunction Act, and a genuine issue of material fact existed regarding discriminatory intent.
• Dykes v. A.J. Hosemann, Jr.
  743 F.2d 1488· 11th Cir.· 1984-10-11 ·cited 35×
• Cohen v. City OF Philadelphia & Green
  736 F.2d 81· 3d Cir.· 1984-06-06 ·cited 35×
  The court held that the availability of state judicial review for administrative errors satisfies due process, even if the administrative body made a substantive mistake. Therefore, the plaintiff's section 1983 claim was barred under Parratt v. Taylor.
• Patterson v. Mintzes
  717 F.2d 284· 6th Cir.· 1983-09-07 ·cited 35×·via 42 U.S.C. § 1983 Action
  The court held that a district court's consideration of untimely objections to a magistrate's report, even without a formal extension, does not waive the right to appeal, and that summary judgment was improperly granted on the plaintiff's First Amendment and Eighth Amendment clai
• Hayes Williams and Arthur Mitchell v. Treen
  671 F.2d 892· 5th Cir.· 1982-03-31 ·cited 35×
  The court held that the district court erred in dismissing damage claims without making factual findings on whether the defendants acted within their discretionary authority. It also held that a deliberate denial of vital medication violates clearly established law, forfeiting im
• Lareau v. Manson
  651 F.2d 96· 2d Cir.· 1981-06-01 ·cited 35×
  The court held that double-celling of convicted prisoners for more than 30 days does not constitute cruel and unusual punishment under the Eighth Amendment.
• Riley v. City OF Chester & Joseph F. Battle
  612 F.2d 708· 3d Cir.· 1979-12-14 ·cited 35×
  A qualified federal common law privilege protects journalists from being compelled to disclose their sources, and this privilege can only be overcome by a strong showing of necessity and unavailability of the information from other sources.
• Tovar v. Billmeyer
  609 F.2d 1291· 9th Cir.· 1979-11-06 ·cited 35×
  The district court erred in dismissing the federal action based on abstention doctrine, as appellants did not freely and without reservation submit their federal claims for resolution in state court.
• Jones v. Diamond
  594 F.2d 997· 5th Cir.· 1979-04-26 ·cited 35×
  The court held that while some injunctive relief was warranted, the plaintiffs were entitled to further relief, including potential damages for constitutional violations, and that the case should be remanded for further consideration of class certification and damages.
• Mitchell v. Beaubouef
  581 F.2d 412· 5th Cir.· 1978-09-18 ·cited 35×
  The court held that a prisoner's civil rights complaint cannot be summarily dismissed on the merits based on an unverified administrative report; such reports cannot substitute for the proof required by Rule 56 of the Federal Rules of Civil Procedure.