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

• Gertrude McCALL v. Shapiro
  416 F.2d 246· 2d Cir.· 1969-08-11 ·cited 28×
  The court held that federal courts do not have jurisdiction over a claim that a state welfare commissioner misinterpreted federal and state welfare statutes regarding the reimbursement of OASDI benefits, as it does not present a substantial federal question or fall under civil ri
• Bd. OF Trs. OF Ark. A & M Coll. v. Davis
  396 F.2d 730· 8th Cir.· 1968-06-24 ·cited 28×
  The court held that a suit against state officials for allegedly violating constitutional rights by wrongful dismissal is not barred by the Eleventh Amendment, and the complaint states a claim for relief under 42 U.S.C. § 1983.
• Paul v. Byrne, Jr.
  347 F.2d 734· 7th Cir.· 1965-06-22 ·cited 28×
  The court held that the district court did not err in denying the plaintiff's motion for leave to file an amended complaint.
• Richardson v. Rivers
  335 F.2d 996· D.C. Cir.· 1964-07-09 ·cited 28×
  The court held that conclusory assertions of discrimination, unsupported by specific facts, are insufficient to withstand a motion for summary judgment when faced with an affidavit denying such claims.
• Duzynski v. Nosal
  324 F.2d 924· 7th Cir.· 1963-11-21 ·cited 28×
  The court held that the defendants, acting within the scope of statutory duties related to mental health commitment proceedings, were either protected by judicial immunity or did not act under color of law for purposes of the Civil Rights Act, and that the lay defendants' actions
• Armstrong v. The Bd. OF Educ. OF the City OF Birmingham
  323 F.2d 333· 5th Cir.· 1963-07-12 ·cited 28×
  The court granted an injunction pending appeal regarding desegregation efforts.
• Keister v. Bell
  29 F.4th 1239· 11th Cir.· 2022-03-25 ·cited 27×
  Evangelical preacher Rodney Keister challenged the University of Alabama's policy requiring him to obtain a permit to speak on a sidewalk at the intersection of University Boulevard and Hackberry Lane, arguing the sidewalk was a traditional public forum protected by the First Ame
• Prosper v. Martin
  989 F.3d 1242· 11th Cir.· 2021-03-05 ·cited 27×
  The court held that the district court did not abuse its discretion in excluding expert testimony and did not err in granting summary judgment based on qualified immunity.
• Mitchell v. Hillsborough Cnty.
  468 F.3d 1276· 11th Cir.· 2006-10-31 ·cited 27×
  Gary Mitchell, a part-time cameraman for Hillsborough County's television station, was terminated after making vulgar and sexually suggestive comments about Commissioner Rhonda Storms during a public comment period at a Board of County Commissioners meeting. Mitchell claimed his
• Burk v. Augusta-Richmond Cnty.
  365 F.3d 1247· 11th Cir.· 2004-04-15 ·cited 27×
  The district court did not err in denying the plaintiffs' motion for a preliminary injunction challenging an ordinance requiring permits for protests. The court found the ordinance to be a content-neutral time, place, and manner restriction, not an impermissible prior restraint,
• ST. John v. Coisman
  799 So. 2d 1110· Fla. 5th DCA· 2001-11-16 ·cited 27×
  A former police officer (St. John) challenged a punitive damages award of $333,000 following a jury verdict finding him liable for falsely arresting a father (Coisman) who was attempting to exercise visitation rights with his children. The appellate court affirmed the liability a
• Hull v. Cuyahoga Valley Joint Vocational Sch. Dist. Bd. OF Educ.
  926 F.2d 505· 6th Cir.· 1991-02-15 ·cited 27×
  The court held that claims of discriminatory discharge are not cognizable under 42 U.S.C. § 1981 post-Patterson, but that a continuing violation theory may apply to § 1983 claims to overcome the statute of limitations. The court also reversed summary judgment for defendant Schuck
• Grishelda Bryant v. Maffucci
  923 F.2d 979· 2d Cir.· 1991-01-17 ·cited 27×
  The court held that a jury could reasonably find prison officials acted recklessly in denying a pretrial detainee's abortion request, thus denying her constitutional rights.
• Burns v. Gadsden State Cmty. Coll.
  908 F.2d 1512· 11th Cir.· 1990-08-15 ·cited 27×
  The court held that the district court erred in refusing to consider affidavits submitted by the plaintiff, which created genuine issues of material fact regarding gender discrimination and rendered summary judgment premature for age discrimination claims.
• Swank v. Smart
  898 F.2d 1247· 7th Cir.· 1990-03-27 ·cited 27×
  The court held that the officer was deprived of procedural due process because he was not given an opportunity to respond to the police chief's written statement, which served as evidence against him. However, a genuine issue of material fact exists regarding whether he waived hi
• Wulf v. The City OF Wichita
  883 F.2d 842· 10th Cir.· 1989-10-31 ·cited 27×
  The court held that the plaintiff's termination for insubordination, after refusing to answer questions in an internal investigation without an attorney, did not violate his First Amendment rights, but the punitive damages against the Chief of Police were reversed.
• Dunn v. White
  880 F.2d 1188· 10th Cir.· 1989-08-01 ·cited 27×
  The court held that a pro se plaintiff's pleading alleging a religious objection to AIDS testing, citing a state statute for exemption, is sufficient to survive a Rule 12(b)(6) dismissal.
• Soranno's Gasco v. Morgan
  874 F.2d 1310· 9th Cir.· 1989-05-15 ·cited 27×
  The court held that a genuine issue of material fact exists regarding retaliatory motivation for permit suspension, precluding summary judgment on First Amendment claims. However, the court affirmed summary judgment on due process claims, finding that public interest justified su
• Cabrales v. Cnty. OF LOS Angeles
  864 F.2d 1454· 9th Cir.· 1988-12-28 ·cited 27×
  The court affirmed the denial of the JNOV motion, the denial of summary judgment, and the jury verdict, finding that the defendants waived sufficiency of evidence arguments by failing to move for a directed verdict. The court also affirmed the attorneys' fees award, finding no ab
• Sablan v. Dep't OF Fin. OF the Commonwealth OF the N. Mariana Islands
  856 F.2d 1317· 9th Cir.· 1988-09-02 ·cited 27×
  The court held that the plaintiff was a prevailing party under 42 U.S.C. § 1988 because his lawsuit acted as a catalyst for the government to reform its unconstitutional policy of terminating utility services without notice and a hearing, even though the case was settled by stipu
• Felicisimo N. Martin v. Gentile
  849 F.2d 863· 4th Cir.· 1988-06-17 ·cited 27×
  The court held that the use of a loaded shotgun through a car windshield, causing fear, constituted an unreasonable use of force violating the Fourth Amendment, entitling the victim to damages.
• Metzger v. Osbeck
  841 F.2d 518· 3d Cir.· 1988-03-11 ·cited 27×
  The court held that the plaintiff failed to produce sufficient evidence to demonstrate a constitutional violation under section 1983, as the teacher's actions did not rise to the level of excessive force or abuse of power, and the injuries were unexpected and unintended.
• Mahone v. Addicks Util. Dist. OF Harris Cnty.
  836 F.2d 921· 5th Cir.· 1988-02-04 ·cited 27×
  The court held that the plaintiff's voting rights and procedural due process claims were properly dismissed, but the equal protection claim requires further consideration. The court also directed dismissal of only federal claims with prejudice.
• Emery v. Holmes
  824 F.2d 143· 1st Cir.· 1987-07-29 ·cited 27×
  The court held that genuine issues of material fact exist regarding whether the officers' seizure of the plaintiff's automobile violated his Fourth Amendment rights and whether such conduct was within the scope of qualified immunity, thus affirming the denial of the officers' mot
• Dock Brown v. Smith
  813 F.2d 1187· 11th Cir.· 1987-04-06 ·cited 27×
  Summary judgment for prison officials is affirmed where the use of force did not inflict unnecessary and wanton pain and suffering, and the prisoner suffered only minimal injury.
• Spanish Action Comm. OF Chicago v. City OF Chicago
  811 F.2d 1129· 7th Cir.· 1987-02-10 ·cited 27×
  The court affirmed the district court's substantial reduction in attorney's fees but remanded for an award of specific paralegal fees and witness costs, finding the district court's calculation method for attorney's fees, while potentially procedurally flawed, was not an abuse of
• Benny v. Pipes
  799 F.2d 489· 9th Cir.· 1986-09-05 ·cited 27×
  Service of process by an incarcerated felon is valid under Federal Rule of Civil Procedure 4, and a defendant's failure to answer after receiving actual notice constitutes culpable conduct justifying denial of a motion to set aside a default judgment.
• Hanson v. Heckel
  791 F.2d 93· 7th Cir.· 1986-05-21 ·cited 27×
  A state prisoner's civil rights action challenging the deprivation of good time credits, which directly impacts the duration of confinement, must be brought as a habeas corpus petition requiring exhaustion of state remedies, even if seeking damages.
• Perry v. R.E. Thompson
  786 F.2d 1093· 11th Cir.· 1986-04-15 ·cited 27×·via 42 U.S.C. § 1983 Claim
  The court held that dismissal and summary judgment were improper because the plaintiff's sworn complaint alleged specific facts creating a genuine dispute of material fact, which the trial court could not resolve by choosing between conflicting affidavits.
• Mazzilli v. James W. Doud & the City of Hialeah
  485 So. 2d 477· Fla. 3d DCA· 1986-03-25 ·cited 27×
  Mazzilli and Story, DEA agents, were shot by police officer Doud during an arrest operation and sued the City of Hialeah and Doud for personal injury, assault and battery, negligence, and civil rights violations. The court affirmed the directed verdict dismissing the municipal ci
• Clement A. Snell v. Suffolk Cnty.
  782 F.2d 1094· 2d Cir.· 1986-01-22 ·cited 27×
  The court held that the district court did not err in waiving EEOC filing requirements under the 'single filing rule' and in allowing the trial of racial harassment claims, as the employer had sufficient notice and opportunity to defend. The court also affirmed the finding of emp
• Rankin v. Colman
  476 So. 2d 234· Fla. 5th DCA· 1985-08-29 ·cited 27×
  Roberta Rankin appealed the dismissal of her complaint alleging that Sheriff Colman unconstitutionally conducted a strip and body cavity search on her after her arrest for a traffic violation (failure to produce a driver's license). The appellate court reversed the dismissal, hol
• Goodson v. City OF Atlanta & J.D. Hudson
  763 F.2d 1381· 11th Cir.· 1985-06-25 ·cited 27×
  The court held that the trial court did not err in directing verdicts on wrongful arrest and search claims, in its jury instructions regarding city policy, or in its award of attorney's fees.
• Kelleher v. Flawn
  761 F.2d 1079· 5th Cir.· 1985-06-03 ·cited 27×
  The court held that the reassignment of an assistant instructor was not a First Amendment violation because it was based on insubordination, not protected speech, and did not violate due process as there was no deprivation of a property interest or a liberty interest requiring a
• Spika v. The Vill. OF Lombard
  763 F.2d 282· 7th Cir.· 1985-05-22 ·cited 27×
  The court held that a district court's grant of relief under Rule 60(b)(6) to revive a lost right to appeal was improper when the sole asserted reason was the failure to receive notice of the judgment's entry, and the appellant demonstrated insufficient diligence.
• Cobb v. Ga. Power Co.
  757 F.2d 1248· 11th Cir.· 1985-04-16 ·cited 27×
  A private party's mere use of state court process to obtain a court order, even if the order is later vacated, does not constitute action 'under color of law' for purposes of a § 1983 claim, absent allegations of conspiracy or other 'something more' indicating state complicity.
• Zook v. Brown
  748 F.2d 1161· 7th Cir.· 1984-11-14 ·cited 27×
  The court held that the individual defendants were entitled to qualified immunity and that one of the departmental rules was facially valid, but remanded for further factual development on other claims.
• R. Anthony Marrese, M.D. v. Interqual, Inc.
  748 F.2d 373· 7th Cir.· 1984-11-06 ·cited 27×
  The court held that the plaintiffs' allegations were sufficient to establish the jurisdictional requirement of interstate commerce under the Sherman Act, but the defendants' conduct was exempt from antitrust laws under the state action doctrine.
• Tarter v. Raybuck
  742 F.2d 977· 6th Cir.· 1984-08-31 ·cited 27×
  The court held that school officials had reasonable cause to search a student based on their observations and that the search was reasonable under the circumstances, affirming the district court's decision on different grounds. The court also affirmed the award of attorney fees t
• Consol. Freightways Corp. of Del. v. Kassel
  730 F.2d 1139· 8th Cir.· 1984-03-27 ·cited 27×
  The court held that the Commerce Clause does not secure rights cognizable under 42 U.S.C. § 1983, and therefore, a prevailing party on a Commerce Clause claim is not entitled to attorney's fees under 42 U.S.C. § 1988.
• Green v. Camilla Maraio and Angelo J. Ingrassia
  722 F.2d 1013· 2d Cir.· 1983-11-07 ·cited 27×
  The court held that a judge and court reporter acting under the judge's instructions are immune from civil liability for damages under 42 U.S.C. § 1983, even if their actions were erroneous or in excess of jurisdiction.
• Dollar v. Haralson Cnty.
  704 F.2d 1540· 11th Cir.· 1983-05-19 ·cited 27×
  The court held that a county's failure to build a bridge, even if negligent, does not constitute a deprivation of constitutional rights actionable under 42 U.S.C. § 1983.
• Smith v. Cumberland Sch. Comm.
  703 F.2d 4· 1st Cir.· 1983-03-24 ·cited 27×
  Attorneys' fees are not available under 42 U.S.C. § 1988 or 29 U.S.C. § 794a(b) when the prevailing claims are based on the Education for All Handicapped Children Act (EAHCA), a comprehensive statute that omits a fee-shifting provision.
• Johnston v. Jago
  691 F.2d 283· 6th Cir.· 1982-10-22 ·cited 27×
  A plaintiff can be considered a "prevailing party" for attorney's fees under 42 U.S.C. § 1988 if their lawsuit was causally related to the relief obtained and had a minimum basis in law, even if the relief was secured through a settlement in a separate proceeding.
• Int'l Soc'y FOR Krishna Consciousness, Inc. v. NEW Jersey Sports & Exposition Auth.
  691 F.2d 155· 3d Cir.· 1982-10-15 ·cited 27×
  The court held that the Meadowlands Sports Complex is not a public forum and that the Authority's policy prohibiting outside solicitation and literature distribution is reasonable and constitutional.
• Rice v. The President & Fellows OF Harvard Coll.
  663 F.2d 336· 1st Cir.· 1981-11-02 ·cited 27×
  The court held that Title IX applies only to discrimination within specific federally funded programs, not to the institution generally, and that pendent state claims should be dismissed when federal claims are dismissed before trial. The court affirmed dismissal of federal claim
• Gullatte v. Potts
  654 F.2d 1007· 5th Cir.· 1981-08-31 ·cited 27×
  The court held that the magistrate applied an incorrect legal standard and failed to make sufficient findings of fact, requiring a remand for further proceedings under the proper legal standard.
• Jonez P. Suthoff v. Yazoo Cnty. Indus. Dev. Corp.
  637 F.2d 337· 5th Cir.· 1981-02-17 ·cited 27×
  The court held that a complaint alleging deprivation of property rights under color of state law, through misuse of expropriation proceedings, sufficiently states a federal claim to establish subject matter jurisdiction.
• Brown v. Miller
  631 F.2d 408· 5th Cir.· 1980-11-26 ·cited 27×
  A public official's misuse of power, even for personal gain, constitutes action 'under color of state law' for § 1983 claims. Prejudicial admission of irrelevant evidence requires a new trial on damages.
• Brule v. Bradford Southworth
  611 F.2d 406· 1st Cir.· 1979-12-28 ·cited 27×
  The court held that the defendants waived their jurisdictional challenge by failing to raise it in the district court and that the district court's finding of retaliatory discipline was not clearly erroneous.