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

• Corriz v. Emilio Naranjo
  667 F.2d 892· 10th Cir.· 1981-12-09 ·cited 30×
  The court held that defendants' objections regarding potential double recovery were not properly preserved for appeal because they failed to make specific objections to the jury instructions or verdict forms as required by Rule 51.
• Avery v. Cnty. OF Burke
  660 F.2d 111· 4th Cir.· 1981-10-02 ·cited 30×
  Summary judgment for the county and its boards was improper because genuine issues of material fact exist regarding whether their policies or customs, or lack thereof, caused the plaintiff's constitutional deprivation.
• DeVASTO v. Faherty
  658 F.2d 859· 1st Cir.· 1981-09-11 ·cited 30×
  The admission of evidence found during an unlawful search, without proper limiting instructions, was not harmless error and requires a new trial. The district court also erred in denying plaintiff's motion to amend her complaint to add the City of Boston as a defendant.
• Delbert Kaahanui Wakinekona v. Antone Olim
  664 F.2d 708· 9th Cir.· 1981-05-26 ·cited 30×
  The court held that state regulations creating preconditions for prison transfer establish a liberty interest protected by the Fourteenth Amendment, and this interest is not negated by a state tort claims statute providing post-deprivation redress.
• Lock v. Jenkins
  641 F.2d 488· 7th Cir.· 1981-02-19 ·cited 30×
  The court held that the conditions of confinement for pretrial detainees, specifically prolonged periods in small cells without sufficient out-of-cell time, amounted to punishment and violated their due process rights. The court also found certain instances of tear gas use uncons
• Baker v. Bell
  630 F.2d 1046· 5th Cir.· 1980-11-17 ·cited 30×
  The court held that the district court correctly applied the 'special efforts' standard under the UMT Act, but erred in limiting the Section 504 claims to review of the administrative record, remanding for further consideration of those claims.
• Leeds v. Watson
  630 F.2d 674· 9th Cir.· 1980-09-24 ·cited 30×
  The court held that prisoners have a constitutional right of access to the courts, and that attorney fees should be awarded under 42 U.S.C. § 1988, regardless of the source of counsel's funding.
• Cummings v. Roberts
  628 F.2d 1065· 8th Cir.· 1980-08-01 ·cited 30×
  The court held that summary judgment was improperly granted regarding claims of deliberate indifference to serious medical needs and cruel and unusual punishment due to conditions of confinement, but was properly granted regarding the claim of punitive transfer to administrative
• Adashunas v. Negley
  626 F.2d 600· 7th Cir.· 1980-08-01 ·cited 30×
  The court held that the district court did not abuse its discretion in denying class certification because the proposed plaintiff class was not adequately defined or ascertainable, and the attempt to certify a defendant class raised due process concerns.
• Fact Concerts, Inc. v. The City OF Newport
  626 F.2d 1060· 1st Cir.· 1980-06-17 ·cited 30×
  The court held that the trial court did not err in denying defendants' motions, allowing certain cross-examination, or instructing the jury on punitive damages against the City, affirming the jury's verdict.
• Hilary Davis v. Page
  618 F.2d 374· 5th Cir.· 1980-06-06 ·cited 30×
• Heimbach v. Vill. OF Lyons (Wayne Cnty.
  597 F.2d 344· 2d Cir.· 1979-04-26 ·cited 30×
  The court held that a village is a "person" under 42 U.S.C. § 1983 following Monell, and that while a justice has absolute immunity for damages, other officials have only qualified immunity, making dismissal premature if bad faith is alleged.
• Pas P. Torres, Jr. v. First State Bank OF Sierra Cnty.
  588 F.2d 1322· 10th Cir.· 1978-12-18 ·cited 30×
  A state court's erroneous order, even if violating due process, does not constitute "under color of law" for a § 1983 claim when private parties are involved and the state merely provides the forum.
• The Honorable Cliff Finch v. Miss. State Med. Ass'n, Inc.
  585 F.2d 765· 5th Cir.· 1978-12-07 ·cited 30×·via Violation Of 42 U.S.C. § 1983
  The court held that black physicians seeking to represent a class have standing, and their claims were improperly dismissed, but other plaintiffs and claims were correctly dismissed. The court also found that the Mississippi State Medical Association is the only proper defendant
• Sylvander v. NEW England Home FOR Little Wanderers
  584 F.2d 1103· 1st Cir.· 1978-09-29 ·cited 30×
  The court held that the § 1983 claim was barred by res judicata and collateral estoppel, and that federal habeas corpus jurisdiction does not extend to state child custody disputes.
• del Valle v. Aponte
  575 F.2d 321· 1st Cir.· 1978-05-10 ·cited 30×
  The court held that an employee's attorney's letters demanding reinstatement, without seeking monetary damages, did not toll the statute of limitations under Puerto Rico law for a § 1983 claim.
• Chalfant v. The Wilmington Inst.
  574 F.2d 739· 3d Cir.· 1978-02-27 ·cited 30×
  The court held that the Wilmington Institute's termination of an employee constituted state action for purposes of the Fourteenth Amendment, reversing the district court's dismissal of the § 1983 claim.
• Chavez v. Tempe Union High Sch. Dist. # 213
  565 F.2d 1087· 9th Cir.· 1977-12-05 ·cited 30×
  The court held that the plaintiff failed to establish a prima facie case of discrimination under Title VII or § 1983 because the position she sought was already filled by a prior appointment, and the district's employment practices were not shown to be discriminatory.
• Regents OF the Univ. OF Minn. v. The Nat'l Collegiate Athletic Ass'n
  560 F.2d 352· 8th Cir.· 1977-08-02 ·cited 30×
  The court held that the district court erred in granting a preliminary injunction because the University had not shown a strong probability of success on the merits.
• Khalid Choudhry v. Jenkins
  559 F.2d 1085· 7th Cir.· 1977-07-22 ·cited 30×
  Summary judgment for the employer was proper because the employee's speech, despite being on a matter of public concern, was disruptive to the essential functions of the prison and outweighed his First Amendment rights.
• Thompson v. Parole Supervisor Burke
  556 F.2d 231· 3d Cir.· 1977-06-01 ·cited 30×
  The court held that the district court erred in granting a directed verdict for Parole Board Member Jefferson, as the record was insufficient to determine if he provided constitutionally adequate due process or if he is entitled to immunity.
• Santiago v. Rivera
  553 F.2d 710· 1st Cir.· 1977-04-21 ·cited 30×
  The court held that the district court did not abuse its discretion in dismissing the plaintiffs' suit for want of prosecution, affirming the dismissal with prejudice.
• Parks v. "MR. Ford"
  556 F.2d 132· 3d Cir.· 1977-04-04 ·cited 30×
  The court held that Pennsylvania's common law repairman's lien, allowing non-consensual possession without due process safeguards, violates the Fourteenth Amendment.
• Lewis v. Hyland
  554 F.2d 93· 3d Cir.· 1977-03-25 ·cited 30×
  Federal injunctive relief against state police misconduct is barred by Rizzo v. Goode when plaintiffs fail to prove a causal link between official policy and constitutional violations, and damages cannot be awarded when not contemplated by the parties throughout the litigation.
• Haymes v. Montanye
  547 F.2d 188· 2d Cir.· 1976-12-28 ·cited 30×
  The court held that there are genuine issues of material fact regarding whether the prisoner's transfer violated his First Amendment rights or his right to assist other prisoners with habeas corpus petitions.
• Cleveland Kimbrough v. Dave O'Neil [O'Neal]
  545 F.2d 1059· 7th Cir.· 1976-10-29 ·cited 30×
  A section 1983 action should be permitted when a prisoner's property is lost by state officials, regardless of whether the loss was intentional or negligent.
• Ryan v. Aurora City Bd. OF Educ.
  540 F.2d 222· 6th Cir.· 1976-08-02 ·cited 30×
  A non-tenured teacher under state law does not possess a "legitimate claim of entitlement" to continued employment under Roth and Sindermann, and thus has no federal due process right to a hearing or statement of reasons for non-renewal, even if school board regulations suggest o
• Aikens v. Jenkins
  534 F.2d 751· 7th Cir.· 1976-04-14 ·cited 30×
  Statewide prison literature censorship regulations were held facially invalid as overbroad and not narrowly tailored to serve legitimate penological interests.
• Beraldine L. Acha and Arlene M. Egan v. Beame
  531 F.2d 648· 2d Cir.· 1976-02-19 ·cited 30×
  The court held that a seniority system, while generally valid, cannot be used to perpetuate past discrimination, and relief is available to those who prove they were improperly denied rightful placement in the seniority hierarchy due to discrimination.
• Warner S. Kelly and Samuel S. Parras v. Lou V. Brewer
  525 F.2d 394· 8th Cir.· 1975-11-19 ·cited 30×
  The court held that while administrative segregation is permissible, prolonged confinement requires meaningful periodic review by prison administrators, and the district court erred in imposing a specific plan that removed discretion from the Warden.
• Sabol v. Snyder
  524 F.2d 1009· 10th Cir.· 1975-10-31 ·cited 30×
  The court held that the trial court's findings of discrimination were supported by sufficient evidence and that the admission of workshop evaluations was within the trial court's discretion.
• Morgan v. LaVALLEE
  526 F.2d 221· 2d Cir.· 1975-10-14 ·cited 30×
  The court held that state administrative remedies need not be exhausted for claims brought under 42 U.S.C. § 1983, particularly when such remedies are inadequate or unavailable.
• United States ex rel. Frank Stachulak v. Coughlin
  520 F.2d 931· 7th Cir.· 1975-08-06 ·cited 30×
  Due process requires that the state prove a person is sexually dangerous beyond a reasonable doubt for commitment under the Illinois Sexually Dangerous Persons Act.
• Scoggin v. Schrunk
  522 F.2d 436· 9th Cir.· 1975-07-23 ·cited 30×
  The court held that res judicata bars a federal constitutional claim if it is based on the same asserted wrong as a prior state action, even if not raised in state court.
• Hattie M. Blunt v. Marion Cnty. Sch. Bd.
  515 F.2d 951· 5th Cir.· 1975-07-14 ·cited 30×
  The court held that substantial evidence supported the school board's finding of incompetency, and the teacher's dismissal did not violate her constitutional rights to substantive due process, equal protection, or procedural due process.
• Fano v. Meachum
  520 F.2d 374· 1st Cir.· 1975-06-27 ·cited 30×
  A prisoner's interest in remaining in one state institution over another is not a constitutionally protected liberty or property interest triggering due process requirements for transfers.
• Bradford v. Weinstein
  519 F.2d 728· 4th Cir.· 1974-11-22 ·cited 30×
  The dissenting judge holds that state prisoners challenging parole procedures must first exhaust state remedies and then pursue habeas corpus, not a § 1983 action.
• United States ex rel. Rodney R. Haymes v. Montanye
  505 F.2d 977· 2d Cir.· 1974-10-04 ·cited 30×·via 42 U.S.C. § 1983 Action
  The court held that a prisoner transferred to another facility without a hearing may have been denied due process if the transfer was punitive, and the mere fact of dislocation can constitute sufficient hardship.
• Robert Dean Mattis, M.D. v. Patrolman Richard R. Schnarr
  502 F.2d 588· 8th Cir.· 1974-08-23 ·cited 30×
  The dissent argues that the court lacks jurisdiction because there is no actual case or controversy, as the defendants have no adverse legal interest in the constitutionality of the statutes at issue.
• Billy Floyd (Pete) Brazzell v. Adams
  493 F.2d 489· 5th Cir.· 1974-05-02 ·cited 30×
  A guilty plea in a criminal case collaterally estops a defendant from relitigating facts necessary to the conviction in a subsequent civil suit against state agents.
• Marshall v. Allyn R. Sielaff
  492 F.2d 917· 3d Cir.· 1974-02-27 ·cited 30×
  The court held that the district court did not abuse its discretion in dismissing the action for lack of prosecution, affirming the dismissal.
• Scheelhaase v. Woodbury Cent. Cmty. Sch. Dist.
  488 F.2d 237· 8th Cir.· 1973-11-28 ·cited 30×
  The court held that the school board's decision to terminate a teacher's contract, even if based on an erroneous interpretation of student test scores, was not arbitrary and capricious and thus did not violate substantive due process.
• Benjamin B. Jackson, M.D. v. Norton-Children's Hosps., Inc.
  487 F.2d 502· 6th Cir.· 1973-11-13 ·cited 30×
  The court held that the hospital's discharge of a physician did not constitute state action under 42 U.S.C. § 1983, and even if it did, the physician received due process.
• Strickland v. Inlow
  485 F.2d 186· 8th Cir.· 1973-08-29 ·cited 30×
  The dissenting judges argue that the panel's reversal based on substantive due process was improper, as the case did not involve an invasion of specifically protected federal constitutional rights.
• Francisco Enters., Inc. v. Kirby
  482 F.2d 481· 9th Cir.· 1973-07-19 ·cited 30×
  The court held that res judicata principles precluded the federal district court from entertaining the appellant's complaint, as the California Department of Alcoholic Beverage Control is considered a state court of limited jurisdiction.
• Smith v. Spina
  477 F.2d 1140· 3d Cir.· 1973-04-24 ·cited 30×
  The court held that a state tort claim, even if arising from the same facts as a federal civil rights claim, is governed by state law and requires proper pleading for federal jurisdiction. The court also found no reversible error in the trial court's evidentiary rulings or jury i
• Torbin H. Brenden v. Indep. Sch. Dist. 742
  477 F.2d 1292· 8th Cir.· 1973-04-18 ·cited 30×
  A state high school league rule prohibiting females from participating with males in interscholastic athletics violates the Equal Protection Clause of the Fourteenth Amendment.
• Mrs. Cornelius Cuthbertson Hill v. Rowland
  474 F.2d 1374· 4th Cir.· 1973-03-14 ·cited 30×
  The court held that the district court erred by instructing the jury solely on an objective probable cause standard for a § 1983 claim, rather than also considering the officers' good faith and reasonable belief in the legality of the arrest. This error, along with confusing inst
• Gambocz v. Yelencsics
  468 F.2d 837· 3d Cir.· 1972-10-12 ·cited 30×
  The court held that res judicata, specifically the Bruszewski doctrine, bars re-litigation of claims dismissed with prejudice, even against new defendants with a close relationship to the original parties.
• Magaziner v. Montemuro
  468 F.2d 782· 3d Cir.· 1972-09-29 ·cited 30×
  The court held that the federal court should abstain from hearing the case due to mootness and the need for state courts to resolve unsettled issues of state law, particularly concerning domestic relations.