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

• Cook Cnty. Coll. Teachers Union, Local 1600, Am. Fed'n OF Teachers, AFL-CIO v. Byrd
  456 F.2d 882· 7th Cir.· 1972-03-09 ·cited 32×
  The court held that the district court did not err in dismissing the class action and in finding that the nonrenewal of probationary faculty contracts was based on constitutionally permissible reasons, not retaliation.
• Massie v. Henry
  455 F.2d 779· 4th Cir.· 1972-02-02 ·cited 32×
  The court held that federal courts should not intervene in school hair length regulations as they do not directly and sharply implicate basic constitutional values.
• McFERREN v. Cnty. Bd. OF Educ. OF Fayette Cnty.
  455 F.2d 199· 6th Cir.· 1972-01-28 ·cited 32×
  The court held that a school board's discharge of teachers following a desegregation order, without applying definite objective standards, constituted unlawful racial discrimination, and that back pay awarded as part of equitable reinstatement is not a jury trial issue.
• Quarterman v. Byrd
  453 F.2d 54· 4th Cir.· 1971-11-26 ·cited 32×
  A school regulation prohibiting the distribution of printed material without prior permission is facially invalid if it lacks criteria for granting or denying permission and procedural safeguards for review.
• Krist v. Smith
  439 F.2d 146· 5th Cir.· 1971-02-26 ·cited 32×
  The court held that the district court did not err in denying relief, as the prisoner's confinement was administrative and other complaints involved internal prison matters.
• Farrell v. Lewin Joel, Jr.
  437 F.2d 160· 2d Cir.· 1971-01-20 ·cited 32×
• Tyrone, Inc. v. Wilkinson
  410 F.2d 639· 4th Cir.· 1969-05-06 ·cited 32×
  The court held that an adversary hearing is constitutionally required before seizure of a film to determine obscenity, but federal courts should not enjoin state prosecutions absent bad faith. A three-judge court is not required when the challenge is to the application of a statu
• Dred Scott Madison v. Wood
  410 F.2d 564· 6th Cir.· 1969-04-24 ·cited 32×
  The court held that the three-year Michigan statute of limitations for injuries to person or property applies to claims brought under 42 U.S.C. § 1983, and that equitable relief is barred if the concurrent legal remedy is time-barred.
• Morgan v. Labiak
  368 F.2d 338· 10th Cir.· 1966-11-07 ·cited 32×
  The court held that the jury's determination of damages is inviolate unless so excessive as to shock the conscience, and that evidence of self-inflicted injuries was not newly discovered evidence for relief from judgment.
• Gately v. Sutton
  310 F.2d 107· 10th Cir.· 1962-10-16 ·cited 32×
  Federal courts lack jurisdiction to review state court disbarment orders or issue mandamus against state judges for actions within their jurisdiction.
• Brooks v. Miller
  78 F.4th 1267· 11th Cir.· 2023-08-22 ·cited 31×
  Eric Brooks sued police officer Damon Miller under 42 U.S.C. § 1983, alleging false arrest, excessive force, and deliberate indifference to medical needs based on an incident in which Miller arrested him for driving without a license and allegedly used excessive force in handcuff
• Davis v. Waller
  44 F.4th 1305· 11th Cir.· 2022-08-12 ·cited 31×
  Paul Donald Davis sued Georgia State Patrol officers Paul Waller and Shaun Browder after they shot him multiple times when he was forcibly driving an 84,000-pound logging truck at officers while being held at gunpoint by a violent fleeing felon, William Arnold. The Eleventh Circu
• Hunter Tillis v. Brown
  12 F.4th 1291· 11th Cir.· 2021-09-07 ·cited 31×
  Officer Allan H. Brown Jr. fired 21 shots through a vehicle's windows—11 shots as the car reversed away from him and 10 more seconds later at the stationary vehicle—after a brief high-speed pursuit by three teenagers ended in a crash, killing the driver Christian Redwine and inju
• Spencer v. Sheriff Jonathan Benison
  5 F.4th 1222· 11th Cir.· 2021-07-16 ·cited 31×
  The Eleventh Circuit held that Sheriff Benison was acting within the scope of his discretionary authority and that the plaintiff failed to present adequate evidence of a constitutional violation, thus reversing the denial of qualified immunity.
• Cary Michael Lambrix v. State
  39 So. 3d 260· Fla.· 2010-04-15 ·cited 31×
  Cary Michael Lambrix, convicted of two 1983 murders and sentenced to death, appealed the denial of his successive motion for postconviction relief. The Florida Supreme Court affirmed the denial, rejecting claims that the State withheld exculpatory evidence regarding a witness's a
• Crocker v. Pleasant
  778 So. 2d 978· Fla.· 2001-02-01 ·cited 31×
  The Florida Supreme Court held that while the next of kin have a constitutionally protected interest in possessing a decedent's remains for burial, this interest does not preclude all Section 1983 claims. The court clarified that such claims require more than mere negligence and
• Gentile v. Bauder
  718 So. 2d 781· Fla.· 1998-09-24 ·cited 31×
  The Florida Supreme Court addressed whether a police officer could be collaterally estopped from raising a qualified immunity defense based on a prior suppression ruling in a criminal case to which she was not a party. The Court held that collateral estoppel did not apply because
• Hohe v. Casey
  868 F.2d 69· 3d Cir.· 1989-02-16 ·cited 31×
  The court held that the plaintiffs failed to demonstrate irreparable harm, and therefore, the district court did not abuse its discretion in denying the motion for a preliminary injunction.
• Dowling v. City OF Philadelphia
  855 F.2d 136· 3d Cir.· 1988-08-26 ·cited 31×
  The dissenting judge believes the district court's grant of summary judgment was premature because it failed to rule on a pending motion for a protective order regarding discovery.
• Jones v. Preuit & Mauldin
  851 F.2d 1321· 11th Cir.· 1988-08-10 ·cited 31×
  The plurality opinion held that private defendants are entitled to qualified immunity in a section 1983 action. The dissenting judges disagreed, arguing that qualified immunity should not extend to private actors.
• Eastwood v. Dep't OF Corr. OF the State OF Okla.
  846 F.2d 627· 10th Cir.· 1988-05-12 ·cited 31×·via 42 U.S.C. § 1983 Claim
  The court held that the Eleventh Amendment bars suits against the DOC and its officials sued in their official capacities, but qualified immunity does not shield an official sued in his individual capacity if clearly established rights were violated.
• Ragsdale v. Turnock
  841 F.2d 1358· 7th Cir.· 1988-03-10 ·cited 31×
  The dissenting judge argues that the majority incorrectly invalidated the Illinois Ambulatory Surgical Treatment Center Act (ASTCA) and related regulations, asserting that the state has the authority to regulate surgical procedures, including abortions, for patient safety and cos
• MRS. W. v. Tirozzi
  832 F.2d 748· 2d Cir.· 1987-11-04 ·cited 31×
  The court held that a private right of action under 42 U.S.C. § 1983 is available for violations of the Education of the Handicapped Act, and that exhaustion requirements do not preclude such a civil action when administrative remedies are futile or inadequate.
• Miller v. LOS Angeles Cnty. Bd. of Educ. & Stuart E. Gothold
  827 F.2d 617· 9th Cir.· 1987-09-09 ·cited 31×
  The court held that the district court applied incorrect legal standards in awarding attorney's fees and calculating the amount, and that the appeal of the denial of sanctions was untimely.
• Harris v. Pernsley
  820 F.2d 592· 3d Cir.· 1987-05-15 ·cited 31×
  The Third Circuit affirmed the district court's denial of the District Attorney's motion to intervene as of right in a prison conditions lawsuit. The court held that the District Attorney did not possess a sufficient legal interest to intervene, as his duties did not encompass th
• Taylor v. City OF Fort Lauderdale
  810 F.2d 1551· 11th Cir.· 1987-03-02 ·cited 31×
• Acorn and Liz Wolff v. City OF Phoenix & the Chief of Police of the City of Phoenix
  798 F.2d 1260· 9th Cir.· 1986-09-02 ·cited 31×
  The court held that a Phoenix ordinance prohibiting solicitation from vehicle occupants is a constitutional time, place, and manner regulation because it is content-neutral, narrowly tailored to serve significant government interests in public safety and traffic flow, and leaves
• Williams v. City OF Atlanta
  794 F.2d 624· 11th Cir.· 1986-07-23 ·cited 31×
  The court held that the Supreme Court's decision in Wilson v. Garcia, establishing a uniform statute of limitations for 42 U.S.C. § 1983 claims, should be applied retroactively to the plaintiffs' claims, and that the district court erred in dismissing state law claims without adj
• Berg v. Kincheloe
  794 F.2d 457· 9th Cir.· 1986-07-14 ·cited 31×
  Summary judgment was appropriate for defendants Kincheloe, Steinbeck, Fleming, and Iverson, but not for Sergeant Marsh, as triable issues of material fact exist regarding his actions.
• Texaco Inc. v. Pennzoil Co.
  784 F.2d 1133· 2d Cir.· 1986-02-20 ·cited 31×
  The court held that the district court had jurisdiction over Texaco's claims regarding the Texas bonding and lien provisions violating due process and equal protection, but lacked jurisdiction over other claims that constituted an impermissible review of the Texas state court jud
• Thad D. Lowe v. Letsinger
  772 F.2d 308· 7th Cir.· 1985-08-29 ·cited 31×
  Judges are absolutely immune for judicial acts, including delays in ruling and decisions regarding notice. Clerks performing ministerial duties are not absolutely immune. The Attorney General is not liable without knowledge of the concealed judgment.
• Carreras v. City OF Anaheim
  768 F.2d 1039· 9th Cir.· 1985-08-13 ·cited 31×
  The court held that the City of Anaheim cannot constitutionally prohibit ISKCON from soliciting donations on the walkways outside the convention center and stadium, and that the city's solicitation ordinance is facially unconstitutional.
• Samuels v. Dist. OF Columbia
  770 F.2d 184· D.C. Cir.· 1985-08-06 ·cited 31×
  Tenants of federally-funded public housing can enforce federal housing law provisions against local housing officials through a Section 1983 claim when those officials fail to provide mandated administrative grievance procedures.
• United States v. Dallas Cnty. Comm'n
  739 F.2d 1529· 11th Cir.· 1984-08-27 ·cited 31×
• Jackson P. Berry v. Bailey
  726 F.2d 670· 11th Cir.· 1984-03-05 ·cited 31×
  A public employee's refusal to obey a lawful order from a superior, even if motivated by a belief in performing the job honestly, does not constitute constitutionally protected speech under the First Amendment.
• Stokes v. Euda Delcambre
  710 F.2d 1120· 5th Cir.· 1983-08-01 ·cited 31×
  The court held that sufficient evidence supported the jury's verdict finding that the sheriff and deputy violated the prisoner's constitutional rights and were negligent, and that the punitive damages award was proper.
• Shawgo v. Spradlin
  701 F.2d 470· 5th Cir.· 1983-03-28 ·cited 31×
  The court held that the plaintiffs were afforded due process through a post-suspension hearing and that their privacy interests were not violated by the disciplinary actions taken by the police department.
• Batista v. Rodriguez
  702 F.2d 393· 2d Cir.· 1983-03-11 ·cited 31×
  The court held that the complaint failed to state a claim for municipal liability under 42 U.S.C. § 1983 because it did not allege a causal link between the City's alleged policy and the plaintiffs' injuries, and the evidence was insufficient to prove such causation.
• Barksdale v. King
  699 F.2d 744· 5th Cir.· 1983-03-07 ·cited 31×
  The court held that the pro se inmate's filing, liberally construed, sufficiently alleged a causal connection between the Secretary of Corrections' actions and the inmate's constitutional injury, thus stating a claim for relief.
• Garrity v. Gallen
  697 F.2d 452· 1st Cir.· 1983-01-10 ·cited 31×
  The court held that the district court did not abuse its discretion in denying the applicants' motion to intervene as untimely, affirming the lower court's decision.
• Webster v. The City OF Houston
  689 F.2d 1220· 5th Cir.· 1982-10-28 ·cited 31×
  The court held that punitive damages are not available against a municipality under 42 U.S.C. § 1983, regardless of the egregiousness of the conduct.
• Allen v. Autauga Cnty. Bd. OF Educ.
  685 F.2d 1302· 11th Cir.· 1982-09-16 ·cited 31×
  The court held that the district court correctly found the teachers' nonrenewal was unconstitutionally motivated and that reinstatement is presumptively required absent extraordinary circumstances.
• Reel v. Ark. Dep't OF Corr.
  672 F.2d 693· 8th Cir.· 1982-03-17 ·cited 31×
  The court held that the plaintiff's success on minor tort claims did not qualify him as a prevailing party for attorney's fees under 42 U.S.C. § 1988, and remanded constitutional claims for further consideration.
• Hollis v. Itawamba Cnty. Loans
  657 F.2d 746· 5th Cir.· 1981-09-30 ·cited 31×
  The court held that the district court erred in dismissing the plaintiff's § 1983 action for damages without a proper hearing on the merits, and that the issue of the Mississippi replevin statute's constitutionality should be considered on remand.
• Ward v. Caulk
  650 F.2d 1144· 9th Cir.· 1981-07-17 ·cited 31×
  The court held that the availability of a federal statutory remedy, such as 42 U.S.C. § 1983, precludes a constitutional cause of action against state defendants, even if the plaintiff fails to timely pursue the statutory remedy. It also held that a continuing violation requires
• Lindley v. Amoco Prod. Co. & Floyd L. Walker
  639 F.2d 671· 10th Cir.· 1981-01-26 ·cited 31×
  The court held that the plaintiff failed to allege a deprivation of constitutional dimensions sufficient to state a claim under 42 U.S.C. § 1983.
• Delaney v. Giarrusso
  633 F.2d 1126· 5th Cir.· 1981-01-05 ·cited 31×
  The court held that the illegal arrest claim requires exhaustion of state remedies, while the excessive force claim can proceed on the merits. The judgment dismissing the excessive force claim is affirmed, and the illegal arrest claim is vacated and remanded.
• Universal Amusement Co., Inc. v. Hofheinz
  616 F.2d 202· 5th Cir.· 1980-05-01 ·cited 31×
  The court held that attorney's fees are awardable under 42 U.S.C. § 1988 to prevailing parties in civil rights actions, and that damages claims against certain city officials were barred by immunity.
• Tarkowski v. Robert Bartlett Realty Co.
  644 F.2d 1204· 7th Cir.· 1980-01-02 ·cited 31×
  Conclusory allegations of conspiracy by a pro se litigant, even when liberally construed, are insufficient to state a claim under 42 U.S.C. § 1983 if they lack factual support.
• Hanson v. Cir. Court OF the First Jud. Cir. OF Ill.
  591 F.2d 404· 7th Cir.· 1979-01-29 ·cited 31×
  A fine-only conviction does not constitute 'custody' for federal habeas corpus purposes, and a Section 1983 action cannot be used to collaterally attack a state court conviction when habeas corpus is unavailable due to lack of custody.