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

• Ramey v. Harber
  589 F.2d 753· 4th Cir.· 1978-12-15 ·cited 28×
  The court held that the Supreme Court's decision in Elrod v. Burns should not be applied retroactively to cases where the patronage dismissals occurred before Elrod was decided, due to reliance interests and the potential for inequitable results.
• Eusebia Fernandez v. Honorable Jose Trias Monge
  586 F.2d 848· 1st Cir.· 1978-09-28 ·cited 28×
  The court held that the Younger abstention doctrine did not bar the federal action because the plaintiff lacked an adequate remedy in the Commonwealth courts for his pretrial detention claim, and the denial of certiorari was not a decision on the merits.
• Cavett v. Ellis
  578 F.2d 567· 5th Cir.· 1978-08-17 ·cited 28×
  A federal court cannot entertain a suit under 42 U.S.C. § 1983 to attack the validity of a state criminal conviction when the sentence has been fully served and the petitioner is not in custody.
• McCOLLUM v. Stahl
  579 F.2d 869· 4th Cir.· 1978-07-19 ·cited 28×
  The court held that resubmitting inconsistent jury findings to the jury under Rule 49(a) was procedurally impermissible, and that the determination of whether a deputy sheriff is a policy-making or confidential employee dischargeable at will is a question for the jury.
• Frederick L. v. Thomas
  578 F.2d 513· 3d Cir.· 1978-06-12 ·cited 28×·via 42 U.S.C. § 1983 Claim
  The court held that abstention on the plaintiff's individual claim for damages was appropriate, and appellate jurisdiction could be exercised via mandamus.
• Blevins v. Ford
  572 F.2d 1336· 9th Cir.· 1978-04-03 ·cited 28×
  The court held that witnesses, including prosecutors and defense attorneys testifying, are absolutely immune from civil liability for their testimony, and that claims under 42 U.S.C. § 1985 require a class-based discriminatory animus.
• Prince v. Wallace
  568 F.2d 1176· 5th Cir.· 1978-03-03 ·cited 28×
  The court affirmed the district court's grant of summary judgment and dismissal, finding the claims barred by the statute of limitations and prosecutorial immunity.
• Strader v. Troy
  571 F.2d 1263· 4th Cir.· 1978-02-14 ·cited 28×
  The dissenting judge believes the majority incorrectly interpreted prior case law regarding the certainty required from a sentencing judge's certificate and improperly directed the North Carolina court to pass on the validity of Virginia convictions.
• Kendrick v. Comm'n OF Zoological Subdistrict
  565 F.2d 524· 8th Cir.· 1977-11-14 ·cited 28×
  The court held that the trial court did not err in finding that the plaintiff was not discharged due to race and did not abuse its discretion in denying attorney fees to the defendants.
• Kelsey v. State OF Minn.
  565 F.2d 503· 8th Cir.· 1977-11-08 ·cited 28×
  The court held that claims seeking speedier release must be dismissed for failure to exhaust state remedies, but damage claims under 42 U.S.C. § 1983 can proceed, and the denial of the motion to amend the complaint was proper due to untimeliness.
• Pas P. Torres, Jr. v. First State Bank OF Sierra Cnty.
  550 F.2d 1255· 10th Cir.· 1977-03-03 ·cited 28×
  The court held that a motion to dismiss for failure to state a claim must be treated as a motion for summary judgment if matters outside the pleadings are considered, requiring notice and opportunity for opposing parties to present evidence.
• Lamb Enters., Inc. v. Judge George N. Kiroff
  549 F.2d 1052· 6th Cir.· 1977-01-31 ·cited 28×
  The court vacated the permanent injunction against state court judges and employees, and reversed the judgment against the private defendant.
• Nickens v. White
  536 F.2d 802· 8th Cir.· 1976-06-18 ·cited 28×
• Felix v. Coleman A. Young
  536 F.2d 1126· 6th Cir.· 1976-06-17 ·cited 28×
  The court held that the challenged ordinance is facially unconstitutional because it is overbroad and fails to specifically define the sexual conduct it seeks to regulate.
• Garrett v. Bamford
  538 F.2d 63· 3d Cir.· 1976-06-16 ·cited 28×
  The Tax Injunction Act does not bar federal court jurisdiction when state law provides no plain, speedy, and efficient remedy for systematic, intentional racial discrimination in tax assessments.
• Huntley v. Cmty. Sch. Bd. OF Brooklyn
  543 F.2d 979· 2d Cir.· 1976-05-12 ·cited 28×
  The court held that the plaintiff failed to establish a prima facie case of racial discrimination for his equal protection claim, but he was entitled to a hearing before public charges that impaired his future employment opportunities were made, thus reversing the rejection of hi
• Black v. United States
  534 F.2d 524· 2d Cir.· 1976-04-23 ·cited 28×
  The court held that the Anti-Injunction Act barred injunctive relief and that the complaint failed to state a claim for damages due to lack of specificity regarding personal responsibility of officials.
• Albach v. Odle
  531 F.2d 983· 10th Cir.· 1976-03-25 ·cited 28×
  The court held that participation in interscholastic athletics is not a constitutionally protected right and is within the discretion of state boards, thus not cognizable under § 1983 unless a protected right is denied.
• Am. Civil Liberties Union & Jane Koe v. Bozardt
  539 F.2d 340· 4th Cir.· 1976-03-08 ·cited 28×
  The court held that the Younger v. Harris doctrine bars federal intervention in ongoing state disciplinary proceedings, even when a motion to remand is filed due to a private reprimand, as state remedies are not yet exhausted.
• Kirby v. Blackledge
  530 F.2d 583· 4th Cir.· 1976-01-19 ·cited 28×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in granting summary judgment, as genuine issues of material fact existed regarding prisoners' claims of due process violations and cruel and unusual punishment.
• Rhem v. Malcolm
  527 F.2d 1041· 2d Cir.· 1975-12-05 ·cited 28×
  The court held that the district court did not err in ordering the House of Detention for Men (HDM) to provide contact visits and an experimental optional lock-in program, as these were necessary to remedy unconstitutional conditions.
• Lyons v. Bd. OF Educ. OF Charleston Reorganized Sch. Dist. NO. 1 OF Miss. Cnty.
  523 F.2d 340· 8th Cir.· 1975-09-03 ·cited 28×
  The court held that the plaintiff failed to present sufficient evidence to create a genuine issue of material fact regarding racial discrimination in her non-renewal, and the trial court did not abuse its discretion in denying leave to amend the complaint with a new cause of acti
• 28 E. Jackson Enters., Inc. v. Cullerton
  523 F.2d 439· 7th Cir.· 1975-08-08 ·cited 28×
  The dissenting judge believes the federal court has jurisdiction to enjoin the sale of property despite principles of comity, as the adequacy of state remedies is uncertain.
• Klinge v. Lutheran Charities Ass'n OF ST. Louis
  523 F.2d 56· 8th Cir.· 1975-08-04 ·cited 28×
  The court held that the plaintiff received adequate procedural due process and that the hospital's decision to remove him from staff was supported by substantial evidence, thus affirming the grant of summary judgment.
• Ardale Calvin v. Conlisk
  520 F.2d 1· 7th Cir.· 1975-06-30 ·cited 28×
  The court held that claims for injunctive and declaratory relief against police misconduct are justiciable, and that jurisdiction over the City of Chicago can be established under 28 U.S.C. § 1331 if the jurisdictional amount is met. The court also found that two of the three pla
• Magill v. Avonworth Baseball Conference
  516 F.2d 1328· 3d Cir.· 1975-05-08 ·cited 28×
  The court held that the mere use of public facilities by a private youth baseball conference, even with reduced fees, does not constitute state action sufficient to support an Equal Protection claim when the conference excludes girls.
• Tunnell v. Wiley
  514 F.2d 971· 3d Cir.· 1975-04-01 ·cited 28×
  The court held that Tunnell's claims for denial of access to courts and denial of bail reduction were properly dismissed, and his fair trial claim failed because he did not present specific facts to rebut evidence that the jury was not exposed to prejudicial publicity.
• Kerr v. United States Dist. Court FOR the N. Dist. OF Cal.
  511 F.2d 192· 9th Cir.· 1975-01-17 ·cited 28×
  The court held that the petition for a writ of mandamus or prohibition to vacate the district court's discovery order should be denied because the petitioners failed to demonstrate an abuse of discretion or usurpation of power sufficient to warrant such extraordinary relief.
• Burton v. Waller
  502 F.2d 1261· 5th Cir.· 1974-10-18 ·cited 28×
  The court held that the trial court did not err in its rulings of law or submission of issues to the jury, affirming the general verdict for the defendants.
• Ybarra v. The City OF the Town OF LOS Altos Hills
  503 F.2d 250· 9th Cir.· 1974-09-06 ·cited 28×
  A large-lot zoning ordinance is constitutional and does not violate equal protection or due process, even if it disproportionately affects low-income individuals, as long as it is rationally related to a legitimate governmental interest.
• Hansen v. MAY
  502 F.2d 728· 9th Cir.· 1974-08-15 ·cited 28×
  A state prisoner's claim for lost or confiscated property, even if mislabeled as a habeas petition, should be treated as a Civil Rights Act claim and allowed to proceed, with opportunities for amendment.
• Duba v. McINTYRE
  501 F.2d 590· 8th Cir.· 1974-07-18 ·cited 28×
  The court held that judicial immunity applies to officials acting within their general powers, even if in excess of jurisdiction, shielding them from civil rights claims under 42 U.S.C. § 1983.
• Forman v. Cmty. Servs., Inc.
  500 F.2d 1246· 2d Cir.· 1974-06-12 ·cited 28×
  Shares in a cooperative housing corporation, even if nonprofit and state-regulated, can be considered 'securities' under federal law if they meet the definition of 'stock' or 'investment contract'.
• Fidtler v. Rundle
  497 F.2d 794· 3d Cir.· 1974-05-13 ·cited 28×
  The court held that the district court's dismissal of the prisoner's § 1983 claim against the superintendent was premature because the record was insufficient to determine the superintendent's good faith defense or immunity.
• Stanley v. Tucker
  497 F.2d 1309· 2d Cir.· 1974-05-07 ·cited 28×
  A party acting in good faith under statutes later declared unconstitutional is not liable for damages under § 1983, absent a showing of improper motive or lack of probable cause.
• Blair v. Bd. OF Regents OF the State Univ. & Communty Coll. Sys. OF Tenn.
  496 F.2d 322· 6th Cir.· 1974-05-03 ·cited 28×
  A non-tenured professor's contract non-renewal, even if damaging to reputation, does not violate the Fourteenth Amendment's Due Process Clause if there is no property interest in continued employment and the reasons for non-renewal do not implicate other constitutional rights.
• Gill v. Deputy Sheriff Charles Manuel
  488 F.2d 799· 9th Cir.· 1973-11-09 ·cited 28×
  The court held that the trial court erred in refusing to instruct the jury on punitive damages and in improperly allowing the assertion of a privilege for official information, necessitating a new trial.
• Wiley Jones v. Lockhart
  484 F.2d 1192· 8th Cir.· 1973-09-25 ·cited 28×
  A prisoner's complaint alleging complete deprivation of essential medical care, even if inartfully drafted, states a federal constitutional claim and should not be summarily dismissed.
• Driscoll v. Int'l Union OF Operating Eng'rs
  484 F.2d 682· 7th Cir.· 1973-09-11 ·cited 28×
  The court held that a union member's challenge to a non-Communist affidavit requirement for candidacy, even if framed as a free speech issue, falls under Title IV of the LMRDA and must be pursued through the Secretary of Labor, not a private suit under Title I. Furthermore, the u
• Fisher v. Snyder
  476 F.2d 375· 8th Cir.· 1973-04-16 ·cited 28×
  A school board's dismissal of a teacher based on inferences of potential sexual misconduct from her social behavior, without factual support, is arbitrary and capricious and violates substantive due process.
• Cruz v. W. B. (Bill) Hauck
  475 F.2d 475· 5th Cir.· 1973-03-08 ·cited 28×
  Prison regulations must not unreasonably invade a prisoner's access to the courts without persuasive governmental justification.
• Pettengill v. Putnam Cnty. R-1 Sch. Dist.
  472 F.2d 121· 8th Cir.· 1973-01-18 ·cited 28×
  Federal courts lack jurisdiction to adjudicate disputes over local election irregularities absent specific federal claims like racial discrimination or ballot stuffing.
• Martin v. Wainwright
  469 F.2d 1072· 5th Cir.· 1972-11-17 ·cited 28×
  The court held that it lacked jurisdiction to hear the appeal because the notice of appeal was not timely filed.
• Seergy v. Kings Cnty. Republican Cnty. Comm.
  459 F.2d 308· 2d Cir.· 1972-04-20 ·cited 28×
  The Equal Protection Clause mandates weighted voting for county committee members when performing public electoral functions, but not for internal party affairs.
• Thomas v. Howard
  455 F.2d 228· 3d Cir.· 1972-02-09 ·cited 28×
  The court held that the prisoner's claim against his attorney under the Civil Rights Act was barred by the statute of limitations and that the attorney was not acting under color of state law.
• Williams v. The Dade Cnty. Sch. Bd.
  441 F.2d 299· 5th Cir.· 1971-04-05 ·cited 28×
  A 30-day school suspension, in addition to an initial 10-day suspension, requires the "rudiments of an adversary hearing" to satisfy due process. An informal meeting to explain a decision already made is insufficient.
• Hull v. August Petrillo
  439 F.2d 1184· 2d Cir.· 1971-03-17 ·cited 28×
  The court held that the district court erred in dismissing the complaint for failure to state a cause of action, as the alleged campaign of harassment, including the potential application of an unconstitutional ordinance, warranted further factual development.
• Mrs. Cleo Johnson v. Harder
  438 F.2d 7· 2d Cir.· 1971-02-09 ·cited 28×
  Federal jurisdiction exists under 28 U.S.C. § 1343(3) and (4) when a colorable constitutional claim is raised, even if the case is ultimately decided on statutory grounds. A three-judge court is not required for claims that a state regulation is being administered unconstitutiona
• Long Island Vietnam Moratorium Comm. v. Cahn
  437 F.2d 344· 2d Cir.· 1970-12-24 ·cited 28×
  New York General Business Law § 136(a) is unconstitutional on its face and as applied because it is overbroad, vague, and infringes upon First Amendment rights by prohibiting a wide range of expressive conduct involving the American flag.
• Delbert R. Crosswhite v. Brown
  424 F.2d 495· 10th Cir.· 1970-04-29 ·cited 28×
  The court held that the civil conspiracy claim under the Civil Rights Act was barred by the applicable state statute of limitations.