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

• Phillips v. Alvis Vandygriff
  711 F.2d 1217· 5th Cir.· 1983-08-15 ·cited 32×
  The court held that a de facto licensing scheme by a state official, which prevents individuals from pursuing their chosen occupation without due process, states a claim under 42 U.S.C. § 1983. However, a collective refusal to deal without more does not constitute a per se antitr
• R.W.T. v. The Honorable Donald E. Dalton
  712 F.2d 1225· 8th Cir.· 1983-07-11 ·cited 32×
  Juveniles detained without a probable-cause determination by a neutral magistrate violate the Fourth and Fourteenth Amendments, regardless of whether the alleged act is criminal or a status offense. State judges are not proper defendants for prospective relief under § 1983, but t
• Detweiler v. Commonwealth OF Va. Dep't OF Rehabilitative Servs.
  705 F.2d 557· 4th Cir.· 1983-04-14 ·cited 32×
  A state employee's property interest in continued employment is protected by the Due Process Clause, and intimidation of witnesses during the grievance process constitutes a denial of due process.
• Bayron v. Correctional Officer Trudeau and Correctional Counselor G. Petrushun
  702 F.2d 43· 2d Cir.· 1983-02-25 ·cited 32×
  The court held that the district court's sua sponte dismissal of the prisoner's complaint without service of process was premature.
• Reverend W. Eugene Scott v. Rosenberg
  702 F.2d 1263· 9th Cir.· 1983-01-21 ·cited 32×
  The court held that the plaintiff had standing to bring the action and that summary judgment was appropriate because there was no genuine issue of material fact regarding the alleged violations of his First Amendment rights or claims under 42 U.S.C. § 1983 and § 1985(3).
• Coleman v. Turpen
  697 F.2d 1341· 10th Cir.· 1982-12-08 ·cited 32×
  The court held that a plaintiff stated a cause of action under 42 U.S.C. § 1983 for deprivation of property without due process, and that a prosecutor had qualified immunity for actions related to the sale of seized property, not just prosecutorial duties.
• S. JAM, Inc. v. Robinson
  675 F.2d 94· 5th Cir.· 1982-05-06 ·cited 32×
  The court held that res judicata applies to § 1983 actions when parties had a full and fair opportunity to litigate their claims in prior state court proceedings.
• Hershel Hiram McKNIGHT v. Blanchard
  667 F.2d 477· 5th Cir.· 1982-02-08 ·cited 32×
  An order indefinitely staying a civil trial until a prisoner plaintiff is released from incarceration is appealable under the 'death knell' doctrine, and such a stay is an abuse of discretion if indefinite and without justification.
• Clark v. The City OF LOS Angeles
  650 F.2d 1033· 9th Cir.· 1981-07-13 ·cited 32×
  The court held that the admission of a diary as evidence was reversible error because it was not a business record or recorded recollection and was highly prejudicial. The court also affirmed the denial of the motion to declare the zoning ordinance unconstitutional.
• Rubin v. O'Koren
  644 F.2d 1023· 5th Cir.· 1981-05-11 ·cited 32×
  The court held that the plaintiff's cause of action was timely because the alleged civil rights violations continued until the university grievance committee upheld her dismissal.
• Lea Duncan v. Duckworth
  644 F.2d 653· 7th Cir.· 1981-03-13 ·cited 32×
  A pro se prisoner's complaint alleging deliberate indifference to serious medical needs should be liberally construed and not dismissed for failure to allege direct personal involvement if the defendant's position suggests responsibility.
• Coen v. The Harrison Cnty. Sch. Bd. el al.
  638 F.2d 24· 5th Cir.· 1981-02-23 ·cited 32×
  The court held that plaintiffs who obtained what they sought through voluntary compliance after filing suit, rather than through litigation, did not prevail for purposes of attorney's fees under 42 U.S.C. § 1988.
• Mary AND Crystal v. Ramsden
  635 F.2d 590· 7th Cir.· 1980-11-21 ·cited 32×
  The court held that the trial court did not err in its jury instructions regarding cruel and unusual punishment and good faith, and that the evidence supported the jury's findings on liability and damages, but affirmed the reduction in attorney fees.
• Slotnick v. Garfinkle
  632 F.2d 163· 1st Cir.· 1980-10-14 ·cited 32×
  The court held that the plaintiff's claims were properly dismissed due to lack of state action, insufficient factual allegations of conspiracy, and judicial immunity for judicial officers and those acting under their orders.
• Cole v. Cole
  633 F.2d 1083· 4th Cir.· 1980-10-09 ·cited 32×
  The court held that the domestic relations exception to diversity jurisdiction does not bar claims for torts like malicious prosecution or arson, even if arising from a marital dispute, and that summary judgment was improperly granted where genuine issues of material fact existed
• Ent. Concepts, Inc., III v. MacIejewski
  631 F.2d 497· 7th Cir.· 1980-09-23 ·cited 32×
  The court held that the Village's adult movie zoning ordinance was unconstitutionally vague and an impermissible prior restraint, and the license revocation ordinance lacked sufficient procedural protections and constituted an unconstitutional prior restraint. The court reversed
• Prochaska v. Marcoux
  632 F.2d 848· 10th Cir.· 1980-09-09 ·cited 32×
  The court affirmed the trial court's denial of attorney's fees to the defendant, finding the plaintiff's action was not frivolous, unreasonable, or without foundation.
• Gurmankin v. Costanzo
  626 F.2d 1115· 3d Cir.· 1980-06-30 ·cited 32×
  The majority opinion awarded additional backpay to Ms. Gurmankin for the period 1970-1976, importing a Title VII presumption into a Section 1983 claim.
• Manning v. Lockhart
  623 F.2d 536· 8th Cir.· 1980-06-26 ·cited 32×
  The court held that the district court erred in admitting government affidavits without proper foundation and in refusing to subpoena a key witness, requiring reversal and remand for a new trial.
• Brown v. Stanton
  617 F.2d 1224· 7th Cir.· 1980-01-30 ·cited 32×
  The court held that the state must pay the full cost of nursing home care when a spouse with sufficient income refuses to contribute, despite legal obligation.
• Birdie Mae Davis v. Bd. OF Sch. Comm'rs OF Mobile Cnty.
  600 F.2d 470· 5th Cir.· 1979-08-06 ·cited 32×
  The court held that the denial of class action certification was proper, but remanded the dismissal of individual claims for additional findings of fact regarding promotion qualifications.
• Coffy v. Multi-County Narcotics Bureau
  600 F.2d 570· 6th Cir.· 1979-06-19 ·cited 32×
  The court held that the plaintiffs failed to establish a prima facie case for a civil rights violation under 42 U.S.C. § 1983, as the investigation used routine undercover techniques and there was insufficient evidence of personal fault or improper motive by the defendants.
• Ventetuolo v. Burke
  596 F.2d 476· 1st Cir.· 1979-03-30 ·cited 32×
  The court held that the plaintiff did not have a constitutionally protected property interest in his employment due to his status as an unclassified employee serving at will, and that the statements made about him did not rise to the level of defamation or infringe upon a liberty
• Beker Phosphate Corp. v. Muirhead
  581 F.2d 1187· 5th Cir.· 1978-10-13 ·cited 32×
  A claim of systematic misuse of legal procedure, based on unsuccessful administrative and judicial appeals, is not a federally cognizable cause of action under 42 U.S.C. § 1983.
• Reimer v. Short
  578 F.2d 621· 5th Cir.· 1978-08-21 ·cited 32×
• Fulton Mkt. Cold Storage Co. v. Cullerton
  582 F.2d 1071· 7th Cir.· 1978-08-07 ·cited 32×
  The Tax Injunction Act (28 U.S.C. § 1341) does not bar a federal civil rights action for damages against state tax officials, as the Act's purpose is to prevent federal equitable interference with state tax collection, not to immunize officials from liability for retrospective mo
• Robinson v. Bergstrom
  579 F.2d 401· 7th Cir.· 1978-06-13 ·cited 32×
  A public defender, as an employee of a state instrumentality, acts under color of state law for purposes of 42 U.S.C. § 1983, and is entitled to absolute immunity for acts performed in their official capacity.
• Davis v. Se. Cmty. Coll.
  574 F.2d 1158· 4th Cir.· 1978-03-28 ·cited 32×
  The court held that the college must reconsider the plaintiff's application without regard to her hearing disability, applying newly promulgated regulations that define 'otherwise qualified' based on academic and technical standards, not the handicap itself.
• Lawrence H. "Dude" Hennessey and Wendell Hudson v. Nat'l Collegiate Athletic Ass'n
  564 F.2d 1136· 5th Cir.· 1977-12-16 ·cited 32×
  The court held that the NCAA's Bylaw 12-1 was valid and applicable, and that the plaintiffs' claims for tortious interference, Fourteenth Amendment violations, and antitrust violations failed.
• Williams v. Walsh
  558 F.2d 667· 2d Cir.· 1977-06-27 ·cited 32×
  The court held that the plaintiff's § 1983 action was time-barred by the borrowed Connecticut tort statute of limitations, and that neither the equitable claim for reinstatement nor tolling of the statute were applicable.
• Smart v. Romeo Villar
  547 F.2d 112· 10th Cir.· 1976-12-30 ·cited 32×
  A difference of opinion between a prisoner and medical staff regarding diagnosis or treatment does not constitute a constitutional violation under 42 U.S.C. § 1983.
• Louisville Area Inter-Faith Comm. FOR United Farm Workers v. Nottingham Liquors, Ltd.
  542 F.2d 652· 6th Cir.· 1976-09-29 ·cited 32×
• Minarcini v. Strongsville City Sch. Dist.
  541 F.2d 577· 6th Cir.· 1976-08-30 ·cited 32×
  The court held that while school boards have discretion in selecting textbooks, removing books from a library based on content objectionable to board members violates students' First Amendment right to receive information. However, the court affirmed the dismissal of claims regar
• Asociacion de Empleados del Instituto de Cultura Puertor-Riquena v. Morales
  538 F.2d 915· 1st Cir.· 1976-07-26 ·cited 32×
  The court held that the district court did not abuse its discretion in dismissing the complaint with prejudice for failure to prosecute and comply with court orders.
• Bliss O. Bignall, Jr. v. N. Idaho Coll.
  538 F.2d 243· 9th Cir.· 1976-06-17 ·cited 32×
  The court held that while the college provided inadequate notice of the reasons for non-renewal, the overall process, including a de novo trial, provided substantial due process, and the college's decision was based on valid, non-discriminatory reasons.
• United States ex rel. David Tyrrell v. Speaker
  535 F.2d 823· 3d Cir.· 1976-05-07 ·cited 32×
  The court held that placing a pretrial detainee in administrative segregation with significantly more restricted conditions than convicted prisoners, without a showing of necessity for trial appearance or security, violates the Fourteenth Amendment's due process clause. The court
• Simpson Sartin, Jr. v. The Comm'r OF Pub. Safety OF the State OF Minn.
  535 F.2d 430· 8th Cir.· 1976-05-05 ·cited 32×
  The court held that the dismissal of the false arrest claim was improper because the defendant failed to plead affirmative defenses and exhaustion of state remedies is not required for a § 1983 action, while affirming dismissal of the due process and malicious prosecution claims.
• Economou v. United States Dep't OF Agric.
  535 F.2d 688· 2d Cir.· 1976-04-23 ·cited 32×
  Federal agencies are immune from suit if jurisdiction is lacking, but individual executive branch officials are entitled to qualified immunity, not absolute immunity, for acts within the scope of their duties.
• C. D. (Denny) Abbott v. Thetford
  529 F.2d 695· 5th Cir.· 1976-04-02 ·cited 32×
• Timmerman v. The Honorable Franchot A. Brown
  528 F.2d 811· 4th Cir.· 1975-12-15 ·cited 32×
  Judicial and quasi-judicial officers are immune from suits for money damages but not for equitable or declaratory relief. The Younger v. Harris doctrine does not bar federal equitable relief when plaintiffs allege bad faith or harassment by state officials.
• Carter v. Estelle
  519 F.2d 1136· 5th Cir.· 1975-09-24 ·cited 32×
  Prison administrators can be held vicariously liable for subordinate guards' actions, and a civil rights action lies for wrongful confiscation or loss of inmate property.
• Hanna v. Drobnick
  514 F.2d 393· 6th Cir.· 1975-04-23 ·cited 32×
  The court held that the inspectors and commissioners were entitled to qualified immunity based on good faith and reasonable grounds, and that the City of Euclid was not liable for punitive damages due to a lack of willful or malicious behavior.
• Blue v. Craig
  505 F.2d 830· 4th Cir.· 1974-10-18 ·cited 32×
  The court held that Section 1983 provides a cause of action for deprivations of rights secured by federal laws, not just the Constitution, and that federal jurisdiction exists under Section 1343(3) and (4) for such claims, even if they involve welfare benefits.
• Penn v. Schlesinger
  497 F.2d 970· 5th Cir.· 1974-07-26 ·cited 32×
  The en banc court held that individual plaintiffs alleging racial discrimination in federal employment must exhaust administrative remedies before filing suit under 42 U.S.C. § 1981.
• Hoitt v. Vitek
  495 F.2d 219· 1st Cir.· 1974-04-09 ·cited 32×
  The court affirmed the district court's denial of attorneys' fees to NHLA attorneys, finding the award to private counsel sufficient to serve the policy of encouraging representation.
• Morales v. Haines
  486 F.2d 880· 7th Cir.· 1973-10-11 ·cited 32×
  The court held that the denial of actual and punitive damages and attorneys' fees must be vacated and remanded for findings on racial discrimination, as this issue is material to those claims.
• Nieves v. Oswald
  477 F.2d 1109· 2d Cir.· 1973-04-20 ·cited 32×
  The court held that the district court erred in denying the motion to convene a three-judge court, as the claims regarding prison disciplinary procedures implicated state-wide policy and raised substantial constitutional questions.
• Gieringer v. Ctr. Sch. Dist. NO. 58
  477 F.2d 1164· 8th Cir.· 1973-04-20 ·cited 32×·via 42 U.S.C. § 1983 Civil Rights Action
  A school board cannot dismiss a nontenured teacher for making a report on a matter of public concern, even if the report contains inaccuracies, unless the inaccuracies were knowingly or recklessly made or the report caused a disruption to school operations.
• Lasher v. Shafer
  460 F.2d 343· 3d Cir.· 1972-05-11 ·cited 32×
  The court held that the district court erred in dismissing the case for lack of federal jurisdiction, as the complaint alleged actions taken under color of state law, not federal law.
• P I Enters., Inc. v. Cataldo
  457 F.2d 1012· 1st Cir.· 1972-03-31 ·cited 32×
  A federal court action based on substantially identical facts and claims as a prior state court decision is barred by res judicata and collateral estoppel, even if the federal action seeks damages under a federal statute.