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

• Procup v. Strickland
  760 F.2d 1107· 11th Cir.· 1985-05-20 ·cited 29×
• Celeste R. Deary v. Three Un-Named Police Officers
  746 F.2d 185· 3d Cir.· 1984-10-12 ·cited 29×
  The court held that the plaintiff's section 1983 claims were barred for failure to comply with the Virgin Islands Tort Claims Act notice requirements.
• Keaukaha-Panaewa Cmty. Ass'n v. Hawaiian Homes Comm'n
  739 F.2d 1467· 9th Cir.· 1984-08-14 ·cited 29×
  Native Hawaiians have stated a federal cause of action under 42 U.S.C. § 1983 for deprivation of rights guaranteed by the Hawaiian Admission Act, despite the lack of an implied private right of action under that Act.
• Knights OF the KU Klux Klan v. E. Baton Rouge Parish Sch. Bd.
  735 F.2d 895· 5th Cir.· 1984-07-09 ·cited 29×
  The court held that the government is liable for attorney fees under 28 U.S.C. § 2412(b) when it violates 42 U.S.C. § 1983, but post-judgment interest on such fees cannot be awarded against the government without an express waiver.
• Dudley v. Stewart
  724 F.2d 1493· 11th Cir.· 1984-02-13 ·cited 29×
  A prisoner's claim for damages due to due process violations is not mooted by release, but injunctive relief requires a live controversy. Due process protections for disciplinary confinement require a liberty interest created by state action, not solely by the Constitution.
• Briggs v. Goodwin
  712 F.2d 1444· D.C. Cir.· 1983-07-08 ·cited 29×
  A prosecutor testifying as a witness, even if allegedly providing false testimony that violates constitutional rights, is entitled to absolute immunity from civil liability for that testimony.
• Parrott v. Wilson
  707 F.2d 1262· 11th Cir.· 1983-06-23 ·cited 29×
  The court affirmed the trial court's judgment, finding no abuse of discretion in denying a jury trial, admitting a deposition due to witness unavailability, vitiating work product privilege due to unprofessional conduct, or in dismissing the case based on evidence of justificatio
• J.B. Smith v. Hightower
  693 F.2d 359· 5th Cir.· 1982-11-22 ·cited 29×
  The court held that the district court erred by failing to consider the strength of the evidence of the Sheriff's guilt when determining if the prosecution was in good faith, and that the finding of retaliation was clearly erroneous.
• Martin-Marietta Corp. v. Bendix Corp.
  690 F.2d 558· 6th Cir.· 1982-09-22 ·cited 29×
  The court held that the Anti-Injunction Act and abstention doctrines do not bar federal injunctive relief, and the Michigan Take-Over Offers Act's enforcement provisions unconstitutionally burden interstate commerce.
• Hirst v. Gertzen
  676 F.2d 1252· 9th Cir.· 1982-05-10 ·cited 29×
  The majority opinion reversed the trial court's decision, allowing evidence of a deputy sheriff's prior acts to be admissible for proving gross negligence and proximate cause in a civil rights action, despite the dissenting judge's view that such evidence was irrelevant and preju
• NEW York City Unemployed & Welf. Council v. Stanley Brezenoff/Commissioner of the N.Y. City Human Res. Admin. & Comm'r of N.Y. City Dep't of Soc. Servs.
  677 F.2d 232· 2d Cir.· 1982-04-20 ·cited 29×
  The court held that while some regulations restricting organizational activities in welfare centers were permissible time, place, and manner restrictions, a complete ban on solicitation of contributions was likely overbroad and required further consideration of less restrictive a
• Africa v. The Commonwealth OF Pa. Leroy S. Zimmerman (Attorney General) Bureau of Corr. Ronald Marks (Commissioner of B.O.C.)
  662 F.2d 1025· 3d Cir.· 1981-10-30 ·cited 29×
  The court held that the prisoner's beliefs and practices associated with the MOVE organization did not constitute a religion protected by the First Amendment's Free Exercise Clause.
• Winkler v. Cnty. OF DeKALB
  648 F.2d 411· 5th Cir.· 1981-06-19 ·cited 29×
  The court held that the employee had a protectable property interest in his job, entitling him to due process before demotion.
• Murray v. City OF Chicago
  634 F.2d 365· 7th Cir.· 1980-11-25 ·cited 29×
  A plaintiff need not prove intentional or reckless action by an official if the official failed to follow a mandatory duty or court order.
• Quintin Orpiano v. Johnson
  632 F.2d 1096· 4th Cir.· 1980-09-17 ·cited 29×
  The court held that supervisory prison officials were not liable for deliberate indifference based on a single incident, but affirmed the judgment against the guards directly involved in the assault.
• Zykan v. Warsaw Cmty. Sch. Corp.
  631 F.2d 1300· 7th Cir.· 1980-08-22 ·cited 29×
  The court held that a dismissal under Rule 12(b) is improper if any set of facts could entitle the plaintiff to relief, and the district court erred by excluding alternative legal theories pleaded.
• Ensley Branch OF the N. A. A. C. P. v. Seibels
  616 F.2d 812· 5th Cir.· 1980-05-08 ·cited 29×
  The court held that the Personnel Board's use of police and firefighter selection tests violates Title VII because they were not proven to be job-related, but remanded the issue of when liability commenced.
• Rudolph v. Judson C. Locke, Jr.
  594 F.2d 1076· 5th Cir.· 1979-05-14 ·cited 29×
  The court held that the prison regulation prohibiting inmate-to-inmate communication in segregation units may violate prisoners' First Amendment rights and right of access to courts.
• Hepperle v. Johnston
  590 F.2d 609· 5th Cir.· 1979-03-02 ·cited 29×
  The court held that the district court's dismissal for want of prosecution was not an abuse of discretion, and the failure to rule on the recusal motion was not reversible error. The motion to disqualify appellate judges was denied.
• Bethel v. Jendoco Constr. Corp.
  570 F.2d 1168· 3d Cir.· 1978-01-16 ·cited 29×
  The court held that the plaintiff's claims under 42 U.S.C. §§ 1981, 1985(3), 1986, and Title VII were improperly dismissed on a Rule 12(b)(6) motion. However, the § 1983 claim was properly dismissed as the alleged discrimination did not occur under color of state law.
• Stewart v. Bailey
  556 F.2d 281· 5th Cir.· 1977-07-22 ·cited 29×
  The court held that the district court erred in failing to adjudicate the First Amendment claim, which should be reversed and remanded for trial.
• Manhart v. City OF LOS Angeles
  553 F.2d 581· 9th Cir.· 1976-11-23 ·cited 29×
  The court held that the pension plan's higher contribution requirement for women, based on presumed longevity, constitutes unlawful sex discrimination under the Equal Pay Act, distinguishing it from prior Supreme Court rulings on disability benefits.
• Hennings v. Grafton
  523 F.2d 861· 7th Cir.· 1975-10-02 ·cited 29×
  The court held that election irregularities caused by mechanical or human error, without fraudulent or discriminatory intent, do not rise to the level of a constitutional deprivation cognizable under 42 U.S.C. § 1983.
• Gertrude Beal v. Lindsay
  468 F.2d 287· 2d Cir.· 1972-10-05 ·cited 29×
  A municipality satisfies its constitutional obligations by demonstrating equal effort in providing services, even if unequal results occur due to factors beyond its control like vandalism.
• Hanover Twp. Fed'n OF Teachers Local 1954 (AFL-CIO) v. Hanover Cmty. Sch. Corp.
  457 F.2d 456· 7th Cir.· 1972-01-12 ·cited 29×
  The court held that the mailing of individual contracts to teachers, even if it undermined union strength, did not violate federal constitutional rights under the Civil Rights Act, and that the union lacked standing to assert its own claims for economic injury.
• Sellers v. The Regents OF the Univ. OF Cal.
  432 F.2d 493· 9th Cir.· 1970-09-17 ·cited 29×
  The court held that the district court properly dismissed the complaint, refusing to convene a three-judge court, as there was no genuine threat of irreparable harm or chilling effect on First Amendment rights to warrant injunctive relief.
• Holland v. Ciccone
  386 F.2d 825· 8th Cir.· 1967-12-28 ·cited 29×
  The court held that the Attorney General's discretion in determining a prisoner's place of confinement and medical treatment is not subject to review in a habeas corpus proceeding absent a showing of arbitrariness or capriciousness.
• Heyman v. Cooper
  31 F.4th 1315· 11th Cir.· 2022-04-18 ·cited 28×
  The court held that the pre-amendment Unified Development Code prohibited short-term rentals, meaning plaintiffs do not have a grandfathered right to continue such rentals under the amended ordinance.
• Varner v. Stan Shepard
  11 F.4th 1252· 11th Cir.· 2021-08-31 ·cited 28×
  The Eleventh Circuit affirmed the district court's dismissal, holding that the plaintiff failed to properly exhaust available administrative remedies under the PLRA.
• In & for Kent Cnty. Earl Strong
  2009 WL 2365675· Del. Super. Ct.· 2013-06-27 ·cited 28×
  The court granted summary judgment for the defendants, finding they were immune from tort liability under the Delaware County and Municipal Tort Claims Act and alternatively under 42 U.S.C. § 1983. The court determined that the plaintiff failed to establish a viable claim against
• Dolan Darling v. State
  45 So. 3d 444· Fla.· 2010-07-01 ·cited 28×
  Dolan Darling, a death-row inmate, challenged Florida's lethal injection protocol, the constitutionality of statutes prohibiting disclosure of executioners' identities, and whether Capital Collateral Regional Counsel (CCRC) attorneys could represent him in federal section 1983 cl
• Primera Iglesia Bautista Hispana OF Boca Raton, Inc. v. Broward Cnty.
  450 F.3d 1295· 11th Cir.· 2006-06-01 ·cited 28×·via 42 U.S.C. § 1983 Liability
  Primera Iglesia Bautista Hispana, a religious corporation, challenged Broward County's denial of a zoning variance to operate a church on property subject to a 1,000-foot separation requirement for nonagricultural, nonresidential uses in an agricultural zoning district. The Eleve
• Raleigh Wilson, Sr. v. Cnty. OF Orange
  881 So. 2d 625· Fla. 5th DCA· 2004-08-06 ·cited 28×
  The Wilsons appealed the dismissal of their complaint alleging that Orange County violated their constitutional rights through code enforcement procedures. The court reversed the dismissal of all five counts, holding that the Wilsons sufficiently pleaded a § 1983 claim and proper
• Ruggiero v. Krzeminski
  928 F.2d 558· 2d Cir.· 1991-03-18 ·cited 28×
  The court held that the 'plain view' doctrine does not validate warrantless searches, and the trial court did not err in its jury instructions or in awarding nominal damages and attorney's fees.
• Ross v. United States
  910 F.2d 1422· 7th Cir.· 1990-08-16 ·cited 28×
  The court held that the United States and the City of Waukegan were properly dismissed, but the claim against Lake County for violating William Ross's constitutional rights by preventing rescue was cognizable under § 1983.
• Patrick v. Jasper Cnty. & Sheriff Terry Gilliland
  901 F.2d 561· 7th Cir.· 1990-04-12 ·cited 28×
  County prosecutors and sheriffs cannot evade constitutional and statutory obligations for prompt presentment by claiming the prisoner was delivered by state police or by warehousing the prisoner outside the county.
• NEW England Legal Found. v. Mass. Port Auth.
  883 F.2d 157· 1st Cir.· 1989-08-17 ·cited 28×
  The court held that the landing fee structure was unreasonable and discriminatory, violating federal law, and that the exemption program was preempted by federal law.
• Landmark Land Co. OF Okla., Inc. v. R.E. "Buck" Buchanan
  874 F.2d 717· 10th Cir.· 1989-05-03 ·cited 28×
  The court held that the takings, substantive due process, and equal protection claims were not ripe for review because the city had not reached a final decision regarding the property's development, and that procedural due process requirements were satisfied by the available hear
• Scruggs v. Moellering
  870 F.2d 376· 7th Cir.· 1989-03-01 ·cited 28×
  A federal civil rights suit ancillary to a post-conviction proceeding, seeking an injunction to obtain an accurate transcript, requires exhaustion of state remedies and is an improper collateral attack on a conviction.
• Margo P. Cohen v. Bd. OF Trs. OF THE Univ. OF Med. & Dentistry OF NEW Jersey
  867 F.2d 1455· 3d Cir.· 1989-02-10 ·cited 28×
  The court held that the district court's order granting partial summary judgment and enjoining the university was an appealable interlocutory order under 28 U.S.C. § 1292(a)(1).
• Fludd v. J.B. Dykes
  863 F.2d 822· 11th Cir.· 1989-01-17 ·cited 28×
  The Batson v. Kentucky rule, which prohibits racially motivated peremptory challenges, applies in civil cases as well as criminal cases. The trial court's refusal to consider Batson in a civil suit constitutes reversible error.
• Domegan v. Fair
  859 F.2d 1059· 1st Cir.· 1988-10-20 ·cited 28×
  The court held that the denial of the defendants' motion for partial summary judgment on qualified immunity grounds was not an abuse of discretion, as the plaintiff's allegations, if true, demonstrated a violation of clearly established law.
• Ohio Civil Serv. Emps. Ass'n v. Seiter
  858 F.2d 1171· 6th Cir.· 1988-10-04 ·cited 28×
  The court held that Ohio prison officials were entitled to qualified immunity because the Fourth Amendment right to be free from strip and body cavity searches was not clearly established at the time of their implementation.
• Williams v. Lane
  851 F.2d 867· 7th Cir.· 1988-06-27 ·cited 28×
  The court affirmed the district court's judgment, compelled by the defendants' litigation strategy and non-compliance.
• William R. Schwartzman, M.D. v. Valenzuela
  846 F.2d 1209· 9th Cir.· 1988-05-17 ·cited 28×
  The court held that the defendants were not entitled to absolute or qualified immunity, as the plaintiff presented sufficient evidence to create a jury question regarding whether his termination was in retaliation for exercising his First Amendment rights.
• Garvie v. Jackson
  845 F.2d 647· 6th Cir.· 1988-04-27 ·cited 28×
  The court held that the university officials were entitled to qualified immunity because their actions in terminating the plaintiff's appointment as department head did not violate any clearly established constitutional rights under the First or Fourteenth Amendments.
• Alva Gutierrez v. Mun. Court OF the Se. Jud. Dist.
  838 F.2d 1031· 9th Cir.· 1988-01-27 ·cited 28×
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction against an English-only rule, finding a likelihood of success on the merits under Title VII and the possibility of irreparable injury. It also held that the judges were not ent
• Fleming v. Dep't OF Pub. Safety
  837 F.2d 401· 9th Cir.· 1988-01-21 ·cited 28×
  The Commonwealth of the Northern Mariana Islands is not immune from suit under 42 U.S.C. § 1983, but the plaintiff suffered no cognizable constitutional injury, thus the motion for judgment notwithstanding the verdict should have been granted.
• Piver v. Pender Cnty. Bd. OF Educ.
  835 F.2d 1076· 4th Cir.· 1987-12-22 ·cited 28×
  The court held that the teacher's speech regarding the principal's tenure was a matter of public concern, thus constitutionally protected under the First Amendment. The court also found the record insufficient to determine if the teacher had compromised his claim by signing a sta
• Garraghty v. Jordan
  830 F.2d 1295· 4th Cir.· 1987-10-09 ·cited 28×
  The court held that the trial court did not err in excluding evidence or directing verdicts, as the plaintiff received adequate due process and the evidence did not support his claims.