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

• Brown v. Joseph
  463 F.2d 1046· 3d Cir.· 1972-06-22 ·cited 30×
  A county Public Defender, created under Pennsylvania statute, enjoys immunity from liability under the Civil Rights Act, even if acting under color of law.
• Jones v. Perrigan
  459 F.2d 81· 6th Cir.· 1972-04-26 ·cited 30×·via Section 1983
  Federal law enforcement officers do not have immunity from damage suits for constitutional violations if they act without good faith and probable cause.
• Asher v. Harrington
  461 F.2d 890· 7th Cir.· 1972-04-13 ·cited 30×
  The court held that the complaint stated a proper federal claim under Section 1983 for arbitrary denial of constitutional rights.
• Andrade v. W. B. (Bill) Hauck
  452 F.2d 1071· 5th Cir.· 1971-12-20 ·cited 30×
  Prisoners have a constitutional right of access to the courts and cannot be disciplined for attempting to exercise this right.
• McENTEGGART v. Cataldo
  451 F.2d 1109· 1st Cir.· 1971-12-01 ·cited 30×
  A college may deny contract renewal to a non-tenured professor based on interpersonal difficulties and disruption of departmental harmony, provided these reasons are not trivial or factually unsupported.
• Bennett v. Gravelle
  451 F.2d 1011· 4th Cir.· 1971-11-19 ·cited 30×
  The court held that public employees striking are subject to discharge and are not entitled to relief for their dismissal, regardless of the strike's cause or success.
• Jacobson v. Schaefer
  441 F.2d 127· 7th Cir.· 1971-04-13 ·cited 30×
  A judge is immune from a civil rights damage suit for actions taken within their jurisdiction, even if those actions constitute an abuse of power or are in excess of jurisdiction, as long as they are not in the clear absence of all jurisdiction.
• Battle v. Solon Mulholland
  439 F.2d 321· 5th Cir.· 1971-03-23 ·cited 30×
  The court held that the district court erred in granting summary judgment, as federal jurisdiction existed and there were disputed material facts regarding the plaintiff's discharge or resignation.
• Solomon Feldman, Jr. v. State Bd. OF LAW Exam'rs
  438 F.2d 699· 8th Cir.· 1971-03-03 ·cited 30×
  The court held that a federal court cannot review the grading of bar examination papers or grant injunctive relief for alleged grading errors or discrimination, as such matters must first be addressed by the state's highest court.
• Hill v. City OF EL Paso
  437 F.2d 352· 5th Cir.· 1971-01-05 ·cited 30×
  The court affirmed the dismissal, holding that federal courts should abstain from deciding a constitutional challenge to a local ordinance when state courts can resolve the underlying state law issues, and that federal courts are generally prohibited from enjoining pending state
• McGUIRE v. Baker
  421 F.2d 895· 5th Cir.· 1970-01-26 ·cited 30×
  The court held that the plaintiff's claims for damages were barred by the statute of limitations, as they accrued when the property was sold and leased, and the plaintiff knew of the wrong at that time.
• Lynch v. Johnson
  420 F.2d 818· 6th Cir.· 1970-01-08 ·cited 30×
  A county judge presiding over a legislative/administrative Fiscal Court is not entitled to judicial immunity for actions taken outside the scope of legitimate legislative activity, even if the statute grants contempt power.
• Allison v. Cal. Adult Auth.
  419 F.2d 822· 9th Cir.· 1969-12-11 ·cited 30×
  A prisoner's allegations of physical abuse, even if questionable, are sufficient to state a claim under the Civil Rights Act and withstand a motion to dismiss.
• Erlich v. Juda Glasner
  418 F.2d 226· 9th Cir.· 1969-10-28 ·cited 30×
  A stockholder cannot maintain a Civil Rights action in his own name for damages suffered by the corporation, even if he owns all the stock.
• Weisberg v. Powell
  417 F.2d 388· 7th Cir.· 1969-10-03 ·cited 30×
  The court held that the Secretary of State's intentional and purposeful discrimination in arranging ballot order, by favoring certain candidates through a Sunday mail pickup scheme, violated the Equal Protection Clause.
• Williams v. Field
  416 F.2d 483· 9th Cir.· 1969-09-29 ·cited 30×
  The court held that a prisoner's complaint alleging negligent failure to protect from a fellow inmate's attack, without more, does not state a claim under 42 U.S.C. § 1983.
• Courtney v. Bishop
  409 F.2d 1185· 8th Cir.· 1969-04-21 ·cited 30×
  The court held that the district court's findings that the appellant was not subjected to cruel and unusual punishment were not clearly erroneous and were supported by the evidence.
• Am. Fed'n OF State, Cnty., & Mun. Emps., AFL-CIO v. Woodward
  406 F.2d 137· 8th Cir.· 1969-01-17 ·cited 30×
  Public employees discharged for joining a labor union have a right of action for damages and injunctive relief under 42 U.S.C. § 1983, as union membership is protected by the First Amendment right of association.
• Bennett v. People OF the State OF Cal.
  406 F.2d 36· 9th Cir.· 1969-01-09 ·cited 30×
• Jackson v. Nelson
  405 F.2d 872· 9th Cir.· 1968-12-13 ·cited 30×
• Deane Hill Country Club, Inc. v. City OF Knoxville & George F. McCanless
  379 F.2d 321· 6th Cir.· 1967-06-16 ·cited 30×
  The court held that a city annexation ordinance and its enabling state act were constitutional and that the plaintiff's claims were barred by res judicata.
• Corsican Prods. v. Pitchess
  338 F.2d 441· 9th Cir.· 1964-11-17 ·cited 30×
  The court held that the complaint stated a claim upon which relief could be granted, reversing the dismissal.
• Richey v. Wilkins
  335 F.2d 1· 2d Cir.· 1964-07-21 ·cited 30×
  The court held that a prisoner's good-faith procedural error in filing a notice of appeal with the Court of Appeals instead of the district court, and the prisoner's transfer to another facility, do not prevent the appeal from being heard or render the claim moot, especially when
• The Okla. High Sch. Athletic Ass'n of the State of Okla. v. Bray
  321 F.2d 269· 10th Cir.· 1963-08-12 ·cited 30×
  The court held that the trial court lacked jurisdiction to permanently enjoin the Athletic Association from enforcing its suspension of a high school for recruiting, as this dispute did not present a federal question.
• Webster Hardwick, Jr. v. Hurley
  289 F.2d 529· 7th Cir.· 1961-05-02 ·cited 30×
  The court held that a complaint alleging police officers beat a suspect to punish him for refusing to incriminate himself states a claim under 42 U.S.C.A. § 1983, even if the underlying conduct could also be a state tort.
• Flemming v. S.C. Elec. & GAS Co.
  224 F.2d 752· 4th Cir.· 1955-07-14 ·cited 30×
  The court held that the separate but equal doctrine of Plessy v. Ferguson is no longer valid law and that the district court has jurisdiction over actions alleging deprivation of constitutional rights under color of state law.
• Tate v. Arnold
  223 F.2d 782· 8th Cir.· 1955-06-28 ·cited 30×
  A justice of the peace is entitled to judicial immunity for acts performed in their official capacity, and the Civil Rights Act does not abrogate this immunity.
• Jones v. Governor of Florida
  950 F.3d 795· 11th Cir.· 2020-02-19 ·cited 29×
  Florida voters approved Amendment 4 in 2018 to automatically restore voting rights to felons who completed their sentences, but Florida's legislature implemented the amendment to require payment of all fines, fees, and restitution as a condition of re-enfranchisement. The Elevent
• Duncan E. MacKenzie v. City OF Rockledge
  920 F.2d 1554· 11th Cir.· 1991-01-15 ·cited 29×
  The court held that the plaintiff had no constitutionally protected property interest in a building permit for a marina, and therefore his due process claim failed. The court also found no equal protection or unconstitutional taking violations.
• Am. Booksellers v. Webb
  919 F.2d 1493· 11th Cir.· 1990-12-27 ·cited 29×
  The majority's interpretation of the statute to permit booksellers to avoid criminal penalties by using 'blinder racks' is not reasonable given the statutory language.
• Stewart v. Donges
  915 F.2d 572· 10th Cir.· 1990-09-17 ·cited 29×
  The filing of an interlocutory appeal from the denial of qualified immunity summary judgment divests the district court of jurisdiction unless the district court determines the appeal is frivolous or dilatory.
• Hannula v. City OF Lakewood
  907 F.2d 129· 10th Cir.· 1990-06-29 ·cited 29×
  The court held that the plaintiff failed to demonstrate that the officer's actions constituted a violation of clearly established law, thus entitling the officer to qualified immunity.
• Smith v. Cnty. OF Albemarle
  895 F.2d 953· 4th Cir.· 1990-02-08 ·cited 29×
  The dissenting judge argues that the creche display on a public forum, with an adequate disclaimer, does not violate the Establishment Clause and that its removal is not the least restrictive means.
• Brown v. Frey
  889 F.2d 159· 8th Cir.· 1989-11-07 ·cited 29×
  Prison officials are entitled to qualified immunity on claims of violating an inmate's right to call witnesses and receive a hearing within three working days, as these rights were not clearly established in the particularized sense required.
• Jones v. Counselor Hamelman
  869 F.2d 1023· 7th Cir.· 1989-02-22 ·cited 29×
  The magistrate did not abuse his discretion in denying the motion to amend the complaint, excluding certain testimony, or denying the inmate's presence at trial, and the factual findings were not clearly erroneous.
• Needham Holder v. City OF Raleigh
  867 F.2d 823· 4th Cir.· 1989-02-14 ·cited 29×
  Favoritism toward friends or relatives in a promotion decision, while potentially unfair, does not constitute racial discrimination under Title VII unless there is proof of intent to discriminate based on race.
• Maples v. Martin
  858 F.2d 1546· 11th Cir.· 1988-11-02 ·cited 29×
  The court held that the professors' transfers did not violate their due process rights, and while one professor's speech addressed a matter of public concern, the university's interest in efficient administration outweighed his free speech interest.
• H. Harlan Stone, M.D. v. Univ. OF Md. Med. Sys. Corp.
  855 F.2d 167· 4th Cir.· 1988-08-19 ·cited 29×
  The court held that a public employee's resignation is voluntary, and thus not a deprivation of property triggering due process protections, if it is not induced by employer misrepresentation or coercion, and the employee's reliance on any alleged misrepresentation is not reasona
• Manax v. Lanelle L. McNAMARA
  842 F.2d 808· 5th Cir.· 1988-04-21 ·cited 29×
  The court held that the plaintiff failed to state a claim under RICO or 42 U.S.C. § 1983 because the alleged association lacked continuity for a RICO enterprise and the defendants' actions did not constitute state action for the § 1983 claim.
• Shelter Creek Dev. Corp. v. City OF Oxnard
  838 F.2d 375· 9th Cir.· 1988-02-02 ·cited 29×
  A landowner's challenge to the constitutionality of a land use ordinance as applied to their property is not ripe for judicial adjudication until they have sought and obtained a final decision from the relevant administrative body, such as a variance or special use permit.
• DeCINTIO v. Westchester Cnty. Med. Ctr.
  821 F.2d 111· 2d Cir.· 1987-06-08 ·cited 29×
  The court held that the plaintiff failed to establish a genuine issue of material fact regarding retaliatory discharge, as the employer demonstrated legitimate, non-discriminatory reasons for the termination supported by convincing evidence.
• Harris v. Menendez
  817 F.2d 737· 11th Cir.· 1987-05-27 ·cited 29×
  The court holds that the plaintiff's claims are barred by absolute judicial and prosecutorial immunity and that the remaining allegations are conclusory, failing to state a claim upon which relief can be granted.
• Reardon v. Wroan
  811 F.2d 1025· 7th Cir.· 1987-01-29 ·cited 29×
  The court held that summary judgment was improperly granted on the issue of probable cause, but properly granted on the issue of exigent circumstances.
• Tomazzoli v. Sheedy
  804 F.2d 93· 7th Cir.· 1986-10-24 ·cited 29×
  The court held that the district court did not abuse its discretion in awarding attorney's fees, finding the hourly rate and reduced hours to be reasonable given the evidence presented.
• Marshall v. City OF Cape Coral
  797 F.2d 1555· 11th Cir.· 1986-09-03 ·cited 29×
  The court held that the plaintiff failed to raise genuine issues of material fact regarding his procedural due process, substantive due process, and First Amendment claims, and that the supervisor had absolute immunity for defamation. The court also found the district court's all
• Praprotnik v. City OF ST. Louis
  798 F.2d 1168· 8th Cir.· 1986-08-19 ·cited 29×
  The dissenting judge argues that the evidence was insufficient to support findings of municipal liability and a First Amendment violation, and that a new trial on damages is warranted due to an improper jury instruction.
• Morris v. Wash. Metro. Area Transit Auth.
  781 F.2d 218· D.C. Cir.· 1986-01-17 ·cited 29×
  WMATA's sovereign immunity, conferred by its signatories and Congress, prevents liability for torts committed in the performance of governmental functions, including the operation of its police force.
• Backlund v. Barnhart
  778 F.2d 1386· 9th Cir.· 1985-12-17 ·cited 29×
  State officials are immune from damage suits for actions taken regarding foster parents' religious exercise of discipline if the constitutional rights were not clearly established at the time of the conduct.
• Auster OIL & GAS, Inc. v. Matilda Gray Stream
  764 F.2d 381· 5th Cir.· 1985-07-01 ·cited 29×
  The court held that Auster's original complaint stated a claim under 42 U.S.C. § 1983 for violation of Fourth Amendment rights and that the district court should have allowed Auster to amend its complaint.
• Solomon v. City OF Gainesville
  763 F.2d 1212· 11th Cir.· 1985-06-21 ·cited 29×
  The court held that Section 29-100(b)(2) of the Gainesville Sign Ordinance is facially unconstitutional due to overbreadth and vagueness, and that the petitioner has standing to challenge it.