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

• Long v. Dist. OF Columbia
  469 F.2d 927· D.C. Cir.· 1972-09-06 ·cited 34×
• DOE v. McMILLAN
  459 F.2d 1304· D.C. Cir.· 1972-01-20 ·cited 34×
  The court held that the District Court properly dismissed the complaint because all defendants were immune from suit, either through legislative immunity under the Speech or Debate Clause or through the doctrine of official immunity.
• Taylor v. NEW York City Transit Auth. & Civil Serv. Comm'n of the City of N.Y.
  433 F.2d 665· 2d Cir.· 1970-10-26 ·cited 34×
  The court held that the plaintiff's federal constitutional claim was barred by res judicata and collateral estoppel due to prior state administrative and judicial proceedings, as the plaintiff had the opportunity to raise the issue in those proceedings but failed to do so.
• Glasscoe v. Howell
  431 F.2d 863· 8th Cir.· 1970-08-12 ·cited 34×
  The court held that the one-year statute of limitations for assault and battery or false imprisonment does not apply to a 42 U.S.C. § 1983 action; instead, a longer statute of limitations applies.
• Wilhelm v. Turner
  431 F.2d 177· 8th Cir.· 1970-06-08 ·cited 34×
  The court held that the Attorney General and his agents were immune from civil damages claims because they acted with probable cause and in good faith, and that the return of seized materials was proper due to the lack of a prior adversary determination of obscenity.
• James v. Headley
  410 F.2d 325· 5th Cir.· 1969-04-09 ·cited 34×
  The Fifth Circuit holds that the right to court-appointed counsel, as articulated in Harvey v. Mississippi, applies to petty offenses and is alive and well in the circuit.
• Ford v. The Bd. OF Managers OF the NEW Jersey State Prison
  407 F.2d 937· 3d Cir.· 1969-02-12 ·cited 34×
  The court held that the conditions of solitary confinement alleged did not rise to the level of cruel and unusual punishment prohibited by the Eighth Amendment.
• Browns v. Mitchell
  409 F.2d 593· 10th Cir.· 1969-01-31 ·cited 34×
  The disciplinary actions of a private university do not constitute state action under 42 U.S.C. § 1983, even with tax exemptions or public functions, unless the state has significantly insinuated itself into the challenged activity.
• Am. Commuters Ass'n, Inc. v. Levitt
  405 F.2d 1148· 2d Cir.· 1969-01-03 ·cited 34×
  The court held that federal courts are barred by 28 U.S.C. § 1341 from enjoining state tax collection when a plain, speedy, and efficient remedy exists in state courts, and that non-residents are not entitled to state benefits simply because they pay taxes.
• Maynard v. Foster and LeBaron A. Foster
  398 F.2d 227· 5th Cir.· 1968-06-24 ·cited 34×
  Hospital bylaws requiring membership in a local medical society and endorsements from staff physicians are unreasonable and arbitrary, violating the Fourteenth Amendment's Equal Protection Clause.
• Chaney v. The State BAR OF Cal.
  386 F.2d 962· 9th Cir.· 1967-11-21 ·cited 34×
  A federal court cannot grant relief for a state bar applicant's failure to be certified until the state supreme court has made a final determination on the matter, as the committee's refusal to certify is merely advisory.
• Rigney v. Hendrick
  355 F.2d 710· 3d Cir.· 1965-10-15 ·cited 34×
• Jordan v. Hutcheson
  323 F.2d 597· 4th Cir.· 1963-09-17 ·cited 34×
  A federal court has the power to enjoin state legislative committee actions that violate citizens' constitutional rights, even if the committee acts under color of state law.
• United States ex rel. George Atterbury v. Ragen
  237 F.2d 953· 7th Cir.· 1956-11-06 ·cited 34×
  The court affirmed the dismissal of the complaint, finding it failed to state a cause of action under the Fourteenth Amendment and relevant Civil Rights statutes.
• Madison Cnty. v. Wiley D. Foxx and Quinton Dryden
  636 So. 2d 39· Fla. 1st DCA· 1994-02-09 ·cited 33×
  Madison County appeals a summary judgment invalidating its 1989 and 1990 special assessment ordinances for garbage collection, landfill closure, ambulance service, and fire protection. The court affirmed the trial court's judgment that the ordinances were null and void for failur
• Sofarelli v. Pinellas Cnty.
  931 F.2d 718· 11th Cir.· 1991-04-29 ·cited 33×
  The court held that Sofarelli stated a claim under the Fair Housing Act against the neighbors, but not against the county or sheriff. The court also held that § 1983 claims against all parties failed.
• Hudgins v. The City OF Ashburn
  890 F.2d 396· 11th Cir.· 1989-12-13 ·cited 33×
  The court held that the city council members were entitled to qualified immunity because their decision not to re-elect the city clerk was based on a clearly established ordinance and did not violate any clearly established statutory or constitutional rights.
• A.A. Profiles, Inc. v. City OF FT. Lauderdale
  850 F.2d 1483· 11th Cir.· 1988-08-01 ·cited 33×
  The court held that the City's rezoning ordinance constituted a regulatory taking of the plaintiff's property without just compensation, and the case was ripe for adjudication because state remedies were inadequate.
• Gregory v. Chehi
  843 F.2d 111· 3d Cir.· 1988-03-24 ·cited 33×
  The court held that claim preclusion barred the plaintiff's action against the Township and its officials in their official capacities because the state court had already adjudicated the wrongful discharge claim. However, issue preclusion did not bar the claim against the individ
• McELYEA v. Governor Bruce Babbitt
  833 F.2d 196· 9th Cir.· 1987-11-30 ·cited 33×
  The court held that the district court erred in granting summary judgment without proper notice of conversion and without ruling on the plaintiff's motions for continuance and appointment of counsel.
• Jacobs v. Mancuso
  825 F.2d 559· 1st Cir.· 1987-07-24 ·cited 33×
  The court held that the district court's substantial reduction in attorney's fees lacked sufficient explanation and justification, requiring appellate review and recalculation.
• Martinelli v. Dugger
  817 F.2d 1499· 11th Cir.· 1987-06-01 ·cited 33×
  Prison grooming and dietary regulations are rationally related to substantial government interests and are not unconstitutional infringements on inmate religious freedom when balanced against penological objectives. The medical exemption for beards is not a less restrictive alter
• The Econ. Dev. Corp. OF Dade Cnty., Inc. v. Merrett R. Stierheim
  782 F.2d 952· 11th Cir.· 1986-02-20 ·cited 33×
  The court held that EDCO's contract termination did not violate due process because it lacked a constitutionally protected property interest, and statements made to the press did not violate due process because adequate state remedies were available.
• Harris v. Deveaux
  780 F.2d 911· 11th Cir.· 1986-01-21 ·cited 33×
• Coon v. Ledbetter
  780 F.2d 1158· 5th Cir.· 1986-01-16 ·cited 33×
  The court held that a jury charge improperly blending ordinary negligence with constitutional claims and failing to obtain separate verdicts for each deputy constituted reversible error, requiring a new trial for some claims. It also affirmed the dismissal of the county and rever
• Kidd v. O'Neil
  774 F.2d 1252· 4th Cir.· 1985-09-23 ·cited 33×
  The Fourth and Fourteenth Amendments provide protection against excessive force by state police during arrests, and the district court erred in requiring a specific intent to infringe a constitutional right for such claims.
• Murphy v. City OF Flagler Beach
  761 F.2d 622· 11th Cir.· 1985-05-28 ·cited 33×
  The court held that the trial judge erred in excluding relevant evidence and making prejudicial comments, requiring a retrial on the issue of the police chief's good faith and justification for termination. The court also found that the city was not vicariously liable for illegal
• Grove v. Mead Sch. Dist. NO. 354
  753 F.2d 1528· 9th Cir.· 1985-02-22 ·cited 33×
  The inclusion of a novel in a public school curriculum, even if it contains religiously objectionable material or perspectives, does not violate the Establishment Clause or the Free Exercise Clause of the First Amendment.
• White Mountain Apache Tribe v. Williams
  810 F.2d 844· 9th Cir.· 1984-02-07 ·cited 33×
  A preemption claim under the Supremacy Clause, based on federal occupation of a field or conflict with federal goals, does not give rise to a claim cognizable under 42 U.S.C. § 1983, and therefore does not support an award of attorney's fees under 42 U.S.C. § 1988.
• Bradbury v. Louie L. Wainwright
  718 F.2d 1538· 11th Cir.· 1983-11-07 ·cited 33×
  Summary judgment was inappropriate because genuine issues of material fact remain regarding whether the prison's marriage regulation is rationally related to legitimate penological interests and is no broader than necessary.
• Huebschen v. Dep't OF Health & Soc. Servs. & Jacquelyn Rader
  716 F.2d 1167· 7th Cir.· 1983-09-13 ·cited 33×
  A plaintiff cannot bring a claim under 42 U.S.C. § 1983 based on Title VII against an individual who could not be sued directly under Title VII. The Equal Protection Clause requires intentional discrimination based on class membership, not personal animus.
• Edgardo A. Gonzalez, Jr. v. C.Y. Benavides, Jr.
  712 F.2d 142· 5th Cir.· 1983-08-15 ·cited 33×
  The court held that the trial court erred by not considering the governmental interest in loyalty from high-level, policy-implementing public employees, and remanded for a determination of whether this interest was implicated and to weigh it against the employee's speech.
• Howard v. King
  707 F.2d 215· 5th Cir.· 1983-06-16 ·cited 33×
  The court held that the inmates' allegations of extreme exhaustion, pain, and torture due to excessive work hours stated a claim under the Eighth Amendment, and the district court erred in dismissing the suit and denying in forma pauperis status.
• Milonas v. Williams
  691 F.2d 931· 10th Cir.· 1982-09-13 ·cited 33×
  The court held that the district court did not err in granting class certification and finding that the private school's actions were taken under color of state law for Section 1983 purposes.
• Jimenez v. Almodovar
  650 F.2d 363· 1st Cir.· 1981-06-09 ·cited 33×
  The court held that the university's termination of tenured professors due to a bona fide program change, even without following the specific procedures for removal for cause, did not violate due process rights, as the statute governing removal for cause did not apply to position
• Zeigler v. Jackson
  638 F.2d 776· 5th Cir.· 1981-03-02 ·cited 33×
  The court held that the Commission's termination of Zeigler violated his right to equal protection because similarly situated individuals with similar or more serious convictions were retained, and the Commission failed to provide a rational justification for the differential tre
• Dahl v. Akin
  630 F.2d 277· 5th Cir.· 1980-11-10 ·cited 33×
  The court held that initiating lawsuits in bad faith, even if tortious under state law, does not constitute action 'under color of' state law for purposes of a § 1983 claim, as it does not involve the misuse of power possessed by virtue of state law.
• Pamel Corp. v. The Puerto RICO Hwy. Auth.
  621 F.2d 33· 1st Cir.· 1980-05-22 ·cited 33×
  The court held that a complaint seeking damages for inverse condemnation due to zoning reclassification fails to state a claim, as the proper remedy is to void the restriction, not award damages.
• Moore v. The City OF SAN Jose
  615 F.2d 1265· 9th Cir.· 1980-04-01 ·cited 33×
  The court affirmed the district court's approval of the settlement agreement, its dismissal of claims against the Association, and its denial of attorneys' fees.
• Williams v. Wood
  612 F.2d 982· 5th Cir.· 1980-03-03 ·cited 33×
  A federal court clerk performing routine duties like entering orders and notifying parties is not entitled to absolute immunity from damages actions.
• Slyvester Harris v. Harvey
  605 F.2d 330· 7th Cir.· 1979-08-20 ·cited 33×
  A judge's extrajudicial acts, motivated by racial animus and performed under color of law, are not protected by judicial or prosecutorial immunity and can form the basis of an equal protection claim under 42 U.S.C. § 1983.
• White v. Scrivner Corp.
  594 F.2d 140· 5th Cir.· 1979-04-30 ·cited 33×
  The court held that the store employees' actions in detaining and searching the plaintiffs did not constitute state action, and therefore did not violate their constitutional rights under 42 U.S.C. § 1983.
• Norris v. Frame
  585 F.2d 1183· 3d Cir.· 1978-10-31 ·cited 33×
  The court held that discontinuing a medically accepted course of treatment for a pretrial detainee, without demonstrating a legitimate security concern or administrative necessity, violates the detainee's due process rights.
• Lieutenant W. E. "Sonny" Simpson v. Gale Weeks
  570 F.2d 240· 8th Cir.· 1978-01-18 ·cited 33×
  The court held that a civil conspiracy claim is cognizable under 42 U.S.C. § 1983 and that the award of attorney fees under the Civil Rights Attorney's Fees Awards Act of 1976 was proper for pending cases. The judgment against two defendants was affirmed, but the judgment against
• Shipp v. Hardin E. Todd
  568 F.2d 133· 9th Cir.· 1978-01-10 ·cited 33×
  The court held that a state court clerk has quasi-judicial immunity from damages but not from suits for injunctive relief, and federal courts have the power to expunge criminal records.
• Harkless v. The Sweeny Indep. Sch. Dist. OF Sweeny
  554 F.2d 1353· 5th Cir.· 1977-07-01 ·cited 33×
  The court held that the trial court erred in finding no intentional racial discrimination and abused its discretion in denying plaintiffs' motion to amend their complaint to add a claim under 42 U.S.C. § 1981.
• United States ex rel. George Simmons v. Mr. Robert J. Zibilich
  542 F.2d 259· 5th Cir.· 1976-11-11 ·cited 33×
  A court-appointed volunteer attorney is not liable under 42 U.S.C. § 1983 for malpractice-type actions or omissions because their conduct is not "under color of state law."
• Tejpal S. Sethy v. Alameda Co. Water Dist.
  545 F.2d 1157· 9th Cir.· 1976-09-20 ·cited 33×
  The court holds that municipal immunity does not apply to actions for racial discrimination in employment under 42 U.S.C. § 1981.
• Eichler O. Kelly v. Springett
  527 F.2d 1090· 9th Cir.· 1975-09-05 ·cited 33×
  The court held that the district court properly granted summary judgment because the appellant's claim was essentially a tax refund action barred by 28 U.S.C. § 1341, and he failed to present specific facts showing a genuine issue for trial.
• McKINNEY v. DE Bord
  507 F.2d 501· 9th Cir.· 1974-11-21 ·cited 33×
  The court held that the district court erred in dismissing a count of the complaint without allowing the plaintiff to respond, by improperly considering materials outside the complaint.