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

• Occhino v. United States
  686 F.2d 1302· 8th Cir.· 1982-08-25 ·cited 34×
  The court held that the Federal Tort Claims Act claim for false imprisonment damages was not clearly erroneous, and that a § 1983 claim, previously barred by the statute of limitations, should be analyzed under a broader statutory limitations period due to the Garmon decision's r
• Owen v. Lash
  682 F.2d 648· 7th Cir.· 1982-06-28 ·cited 34×
  The court held that the District Court erred in characterizing the violation as procedural due process and in awarding only nominal damages, and that the issue of qualified immunity for the individual defendant was not properly addressed.
• Muscare v. Quinn
  680 F.2d 42· 7th Cir.· 1982-06-08 ·cited 34×
  A district court has discretion to deny attorneys' fees for time spent litigating fees when the fee request is exorbitant or the time spent is unnecessarily high, and appellate courts will only disturb such a ruling for an abuse of discretion.
• Jose P. v. Ambach
  669 F.2d 865· 2d Cir.· 1982-01-21 ·cited 34×
  The court held that the district court properly found the state and city liable for failing to provide appropriate education to handicapped children and affirmed the allocation of attorneys' fees based on relative culpability.
• Garmon v. Foust
  668 F.2d 400· 8th Cir.· 1982-01-05 ·cited 34×
  The court held that Iowa's general five-year statute of limitations, rather than the two-year statute for injuries to person or reputation, applies to actions brought under 42 U.S.C. § 1983.
• Harris v. City OF Roseburg
  664 F.2d 1121· 9th Cir.· 1981-12-28 ·cited 34×
  The court held that while a police officer's mere presence during a repossession might not constitute state action, active participation or intimidation preventing a debtor from exercising legal rights can lead to liability under 42 U.S.C. § 1983. However, the officer was immune
• Roberts v. Sgt. George Hollocher
  664 F.2d 200· 8th Cir.· 1981-11-24 ·cited 34×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court did not err in refusing a specific jury instruction on equality, admitting evidence of drug use, admitting a photograph of a shotgun, or excluding a physician's diagnosis phrase, as the jury instructions as a whole were fair and the evidenti
• Carlisle W. Briscoe v. Sgt. Martin LaHUE
  663 F.2d 713· 7th Cir.· 1981-10-27 ·cited 34×
  Witnesses are absolutely immune from civil liability under 42 U.S.C. § 1983 for testimony given in judicial proceedings, and prosecutors and judges are also absolutely immune for acts within their official capacities.
• Williams v. Mo. Bd. OF Prob. & Parole
  661 F.2d 697· 8th Cir.· 1981-10-09 ·cited 34×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the Missouri parole statute creates a protected liberty interest in parole release, requiring due process protections for inmates.
• Commonwealth OF Pa. & Richard W. Baumann v. Porter
  659 F.2d 306· 3d Cir.· 1981-07-30 ·cited 34×
  The court held that the Commonwealth of Pennsylvania is an appropriate plaintiff to bring a parens patriae action seeking injunctive relief against police misconduct and that the case was not rendered moot by the officer's change of employment.
• Milwe v. Cavuoto
  653 F.2d 80· 2d Cir.· 1981-06-25 ·cited 34×
  The court held that the district court abused its discretion in denying attorney's fees under 42 U.S.C. § 1988, as its reasoning was based on an overly restrictive interpretation of precedent and failed to consider key factors.
• Major v. Ariz. State Prison
  642 F.2d 311· 9th Cir.· 1981-04-16 ·cited 34×
  The court held that the Arizona tolling statute should be applied to an imprisoned state prisoner's § 1983 claim, despite the majority's reasoning.
• NEW Jersey-Philadelphia Presbytery OF THE Bible Presbyterian Church v. NEW Jersey State Bd. OF Higher Educ.
  654 F.2d 868· 3d Cir.· 1981-04-14 ·cited 34×
  The majority's rule allowing federal plaintiffs, not parties to a state proceeding, to interfere with that proceeding is unprecedented and contrary to established precedent.
• Davis v. Stamler
  650 F.2d 477· 3d Cir.· 1981-04-14 ·cited 34×
  The court held that a federal court reviewing a state court's attorney disqualification in a § 1983 action must determine if the state court acted arbitrarily, infringing a constitutional right, rather than re-evaluating the disqualification itself.
• Ross v. Detective Meagan
  638 F.2d 646· 3d Cir.· 1981-01-16 ·cited 34×
  The court held that the district court abused its discretion in refusing to permit amendment of the pro se complaint against the detective and former governor, but affirmed the dismissal as to other defendants.
• Thompson v. Leland Police Dep't
  633 F.2d 1111· 5th Cir.· 1980-12-02 ·cited 34×
  The court held that the plaintiff failed to prove his discharge was racially motivated, as the articulated non-discriminatory reasons for his termination were supported by evidence and not shown to be pretextual.
• Jacobson v. Hannifin
  627 F.2d 177· 9th Cir.· 1980-09-05 ·cited 34×
  The court held that a gaming license applicant has no protectible property interest when the licensing statute grants the commission broad discretion to deny applications for any reasonable cause.
• Downing v. Williams
  624 F.2d 612· 5th Cir.· 1980-08-21 ·cited 34×
  The dissenting judge argues the majority erred by disregarding the jury's findings of fact, which were supported by substantial evidence, and by independently re-examining the record on issues of procedural due process and First Amendment rights.
• Niles B. Wanger and Shirley Wanger v. Bonner
  621 F.2d 675· 5th Cir.· 1980-07-14 ·cited 34×
  A sheriff can be held liable under 42 U.S.C. § 1983 for establishing policies that lead to constitutional violations by deputies, even if the deputies themselves are found not liable.
• High OL' Times, Inc. v. Busbee
  621 F.2d 135· 5th Cir.· 1980-07-09 ·cited 34×
  The court held that the district court abused its discretion by abstaining from hearing the constitutional challenges to the Georgia drug paraphernalia statutes, as the Pullman factors for abstention were not met.
• Williams v. Bd. OF Regents OF THE Univ. Sys. OF Ga.
  629 F.2d 993· 5th Cir.· 1980-06-05 ·cited 34×
  The court held that the district court did not err in refusing to admit evidence of a confidentiality policy for police accident reports, nor in refusing to allow Pickering defenses or a qualified immunity charge, as the policy conflicted with state law and the defendants' action
• GAY Student Servs. v. Tex. A & M Univ.
  612 F.2d 160· 5th Cir.· 1980-02-20 ·cited 34×
  The court held that the district court erred in dismissing the case, as the university and its officials could be sued under 42 U.S.C. § 1983 and Eleventh Amendment immunity did not bar injunctive or declaratory relief.
• Mollie H. Watson and Jack Watson v. Interstate Fire & Cas. Co.
  611 F.2d 120· 5th Cir.· 1980-02-06 ·cited 34×
  The court held that Judge Mouser was performing a judicial function and thus immune from liability, and Sheriff Cowart was not personally involved and not vicariously liable for his deputies' actions under 42 U.S.C. § 1983.
• Cliff Davis v. Parratt
  608 F.2d 717· 8th Cir.· 1979-10-30 ·cited 34×
  A pro se litigant is not entitled to attorney fees under 42 U.S.C. § 1988, even if they are a trained paralegal, as the statute is intended to compensate attorneys, not the litigants themselves.
• Fitzgerald v. Mountain Laurel Racing, Inc.
  607 F.2d 589· 3d Cir.· 1979-09-26 ·cited 34×
  The court held that the termination of a stall agreement by a private racetrack, even with consultation from state racing officials, does not constitute state action under 42 U.S.C. § 1983 because the racetrack acted independently based on its own authority.
• Clark v. Whiting
  607 F.2d 634· 4th Cir.· 1979-09-17 ·cited 34×
  Federal courts should not review academic promotion decisions based on subjective evaluations of scholarly merit, absent claims of racial/sex discrimination or First Amendment violations.
• Johnson v. Presley Hardy
  601 F.2d 172· 5th Cir.· 1979-08-07 ·cited 34×
  A prisoner's challenge to the duration of confinement, even if framed as a request for damages or declaratory relief under § 1983, is properly treated as a habeas corpus matter requiring exhaustion of state remedies.
• Greminger v. Seaborne
  584 F.2d 275· 8th Cir.· 1978-09-19 ·cited 34×
  The court held that the school board's non-renewal of teachers' contracts in retaliation for their First Amendment activities violated their constitutional rights, affirming liability and reinstatement but remanding for redetermination of damages and attorney fees.
• Dimarzo v. Cahill
  575 F.2d 15· 1st Cir.· 1978-05-02 ·cited 34×
  The Commissioner of Correction is responsible for unconstitutional jail conditions due to failure to promulgate and enforce minimum standards, and the district court's equitable remedies, including the threat of closure and ordering additional staff, were appropriate.
• Green v. Eyck
  572 F.2d 1233· 8th Cir.· 1978-03-07 ·cited 34×
  The court held that the 180-day statute of limitations for housing discrimination claims applied to §§ 1981 and 1982, but a three-year statute applied to the § 1983 claim. The court also held that the plaintiffs' claim under the Fair Housing Act was untimely.
• Winfrey v. Lou Brewer
  570 F.2d 761· 8th Cir.· 1978-02-15 ·cited 34×
  The court held that the district court erred by dismissing the complaint as a summary judgment without providing the required notice and opportunity to oppose.
• Bradshaw v. Zoological Soc'y OF SAN Diego & Pete Wilson
  569 F.2d 1066· 9th Cir.· 1978-02-03 ·cited 34×
  The court held that the Title VII claim was time-barred based on the notice period, but the § 1983 claim was not time-barred and punitive damages are recoverable. The court also found the EEOC determination admissible evidence.
• Honorable Ronald v. Dellums
  566 F.2d 216· D.C. Cir.· 1977-08-04 ·cited 34×
• Hodge v. The Mountain States Tel. & Tel. Co.
  555 F.2d 254· 9th Cir.· 1977-06-08 ·cited 34×
  The court held that the use of a pen register by a telephone company to investigate obscene telephone calls does not violate Section 605 of the Communications Act and does not constitute a search under the Fourth Amendment.
• Bond v. Stanton
  555 F.2d 172· 7th Cir.· 1977-05-20 ·cited 34×
  The court held that the newly enacted Civil Rights Attorney's Fees Awards Act of 1976 applies to pending cases, including this one, and allows for attorneys' fees against state officials sued in their official capacity under 42 U.S.C. § 1983.
• Smith v. Sheriff Mike Sullivan
  553 F.2d 373· 5th Cir.· 1977-05-19 ·cited 34×
  The court held that while a district court has broad equitable powers to remedy constitutional violations in jail conditions, it cannot interfere with the budgetary authority of the Commissioner's Court regarding personnel pay scales. The court affirmed most of the district court
• Fielding v. LeFEVRE
  548 F.2d 1102· 2d Cir.· 1977-01-19 ·cited 34×
  The court affirmed the denial of the writ of habeas corpus, holding that the petitioner failed to exhaust state remedies for his Sixth Amendment claim and that his Eighth Amendment claims lacked merit.
• Medina v. Rudman
  545 F.2d 244· 1st Cir.· 1976-11-09 ·cited 34×
  The court held that a potential investor's interest in participating in the ownership of a parimutuel greyhound racetrack is not a protected liberty or property interest under the Fourteenth Amendment, and thus does not give rise to a claim under 42 U.S.C. § 1983.
• Ohio Inns, Inc. v. NYE
  542 F.2d 673· 6th Cir.· 1976-10-06 ·cited 34×
  The court held that the plaintiff's claims under 42 U.S.C. §§ 1983 and 1985(3) failed to state a cause of action, and the state department was immune from suit.
• Sebastian v. United States
  531 F.2d 900· 8th Cir.· 1976-03-08 ·cited 34×
  The court held that the district court properly dismissed claims against most defendants based on immunity, good faith reliance on law, or lack of state action, and affirmed the dismissal of claims against hospital employees for lack of federal jurisdiction.
• McREDMOND v. Wilson
  533 F.2d 757· 2d Cir.· 1976-02-02 ·cited 34×
• Berg v. Richmond Unified Sch. Dist.
  528 F.2d 1208· 9th Cir.· 1975-12-09 ·cited 34×
  The court held that the school district's maternity leave policy violated Title VII by discriminating based on sex, and that the district court had proper jurisdiction.
• Scott v. Eversole Mortuary
  522 F.2d 1110· 9th Cir.· 1975-07-08 ·cited 34×
  The court held that the district court erred in dismissing the claim under 42 U.S.C. § 1983, finding that the allegations, if true, sufficiently pleaded state action.
• Vick v. Tex. Emp. Comm'n
  514 F.2d 734· 5th Cir.· 1975-06-12 ·cited 34×
  The dissenting judge believes the district court erred in awarding insufficient prenatal benefits and attorney fees, and suggests remanding to allow amendment of parties.
• Robison v. Wichita Falls & N. Tex. Cmty. Action Corp.
  507 F.2d 245· 5th Cir.· 1975-01-15 ·cited 34×
• Sanders v. Conine
  506 F.2d 530· 10th Cir.· 1974-12-02 ·cited 34×
  A complaint alleging abuse of extradition power by noncompliance with law states a claim under 42 U.S.C. § 1983 and cannot be dismissed as frivolous.
• Harkins v. Gary Eldredge & the Mo. Bar Ass'n
  505 F.2d 802· 8th Cir.· 1974-11-22 ·cited 34×
  The court held that an attorney's conduct in representing a client does not constitute action under color of state law for purposes of a § 1983 claim, and the Bar Association's lack of independent power to investigate or discipline attorneys meant claims against it were frivolous
• Plano v. Baker
  504 F.2d 595· 2d Cir.· 1974-10-11 ·cited 34×
  The court held that the state administrative remedy was inadequate because it lacked procedures for resolving factual disputes, did not address constitutional issues within judicial expertise, and could not grant the requested damages.
• Fletcher v. R.I. Hosp. Tr. Nat'l Bank
  496 F.2d 927· 1st Cir.· 1974-05-09 ·cited 34×
  The court held that a bank's common law right of set off against a depositor's debt is not 'state action' for purposes of a Fourteenth Amendment claim, nor is it a 'security interest' requiring disclosure under the Consumer Credit Protection Act.
• Safeguard Mut. Ins. Co. v. Miller
  472 F.2d 732· 3d Cir.· 1973-01-23 ·cited 34×
  The court held that dismissal based on governmental immunity was improper without a factual record, and that injunctive relief is not subject to such immunity.