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

• Artell M. Henry (81-1767) v. City OF Detroit Manpower Dep't
  763 F.2d 757· 6th Cir.· 1985-05-22 ·cited 26×
  Orders denying motions for appointment of counsel in Title VII and § 1983 actions are not immediately appealable "final decisions" under 28 U.S.C. § 1291.
• Grossart v. Dinaso
  758 F.2d 1221· 7th Cir.· 1985-04-03 ·cited 26×
  The court should reverse and remand for further findings on whether the employee's political affiliation was a 'but for' cause of her termination.
• Green v. Black
  755 F.2d 687· 8th Cir.· 1985-02-27 ·cited 26×
  The court held that the district court abused its discretion by dismissing the prisoner's complaint as frivolous without allowing him to prove a potential liberty interest in parole consideration.
• Harris v. Pernsley
  755 F.2d 338· 3d Cir.· 1985-02-22 ·cited 26×
  The court held that res judicata, the eleventh amendment, official immunity, and abstention doctrines did not bar the inmates' claims for damages and injunctive relief.
• Inmates OF the Allegheny Cnty. Jail v. Cyril H. Wecht
  754 F.2d 120· 3d Cir.· 1985-01-29 ·cited 26×
  The court affirmed the denial of a motion to modify an injunction setting jail population limits, finding no abuse of discretion. However, it vacated a $5,000 per prisoner sanction for releasing inmates, finding it lacked specificity and a nexus to the underlying violations.
• Wiggins v. Sargent
  753 F.2d 663· 8th Cir.· 1985-01-28 ·cited 26×
  The court held that the district court erred in dismissing the inmates' civil rights action, finding that their beliefs may be religious in nature and thus protected by the First Amendment, and that the censorship of their mail and denial of religious practice opportunities requi
• Daniels v. Williams
  748 F.2d 229· 4th Cir.· 1984-11-16 ·cited 26×
• Penagaricano v. Llenza
  747 F.2d 55· 1st Cir.· 1984-11-02 ·cited 26×
  The court held that the plaintiff's claims constitute a nonjusticiable military controversy because the balance of factors, particularly interference with military function and the exercise of military expertise, weighs against judicial review.
• Albers v. Whitley
  743 F.2d 1372· 9th Cir.· 1984-10-01 ·cited 26×
  The court held that prison officials are entitled to qualified immunity for their actions during a prison riot because the constitutional rights of prisoners in such situations were not clearly established at the time.
• Soto v. Dickey
  744 F.2d 1260· 7th Cir.· 1984-09-20 ·cited 26×
  The court held that the trial court erred in finding that the use of mace in the Adjustment Center violated constitutional rights, as the evidence showed it was used reasonably to maintain discipline and safety after inmates refused lawful orders.
• Hudson v. The Chicago Teachers Union Local NO. 1
  743 F.2d 1187· 7th Cir.· 1984-09-06 ·cited 26×
  The court should not reach constitutional issues if statutory or state law grounds exist, and therefore should remand for determination of those grounds.
• Bennett L. Crowder, II v. J.K. Conlan
  740 F.2d 447· 6th Cir.· 1984-08-02 ·cited 26×
  The court held that the hospital's restriction of a physician's privileges was not "state action" under 42 U.S.C. § 1983, as there was insufficient nexus between the state and the hospital's decision, which was based on professional medical judgments.
• Lucas v. Turner
  725 F.2d 1095· 7th Cir.· 1984-01-13 ·cited 26×
  The court held that the plaintiffs failed to demonstrate a particularized need for the state grand jury materials, and therefore, disclosure was not warranted.
• Renfroe v. Kirkpatrick
  722 F.2d 714· 11th Cir.· 1984-01-12 ·cited 26×·via 42 U.S.C. § 1983 Action
  A public employee's grievance is protected by the First Amendment only if it relates to a matter of public concern, not merely personal interest.
• Sanders v. ST. Louis Cnty.
  724 F.2d 665· 8th Cir.· 1983-12-30 ·cited 26×
  The court held that the plaintiff failed to present sufficient evidence to establish a county policy or custom of mistreating inmates who challenged their convictions, thus the county could not be held liable under 42 U.S.C. § 1983.
• Perri v. Aytch
  724 F.2d 362· 3d Cir.· 1983-12-22 ·cited 26×
  A probationary employee of the judiciary, whose dismissal was based on arrest charges, has a property interest in continued employment during probation and is entitled to a termination hearing. The statute of limitations does not bar her federal claim.
• Wyler v. United States
  725 F.2d 156· 2d Cir.· 1983-12-22 ·cited 26×
  The court held that the plaintiffs' claims were properly dismissed because they failed to present specific facts to create a genuine issue for trial, and the defendants were entitled to qualified immunity.
• Watts v. Odom Graves
  720 F.2d 1416· 5th Cir.· 1983-12-12 ·cited 26×
  A guilty plea does not preclude a subsequent Section 1983 action for Fourth Amendment violations that were not litigated in the state proceedings, and dismissal of claims regarding warrantless conversation interception was proper.
• Mrs. Tobie Brantley v. M.F. Surles
  718 F.2d 1354· 5th Cir.· 1983-11-10 ·cited 26×
  The court held that the district court erred in dismissing the plaintiff's § 1983 claim for failure to state a claim, exhaustion of remedies, and res judicata, and reversed and remanded for further proceedings.
• R.J. Williams Co. v. Fort Belknap Hous. Auth.
  719 F.2d 979· 9th Cir.· 1983-10-31 ·cited 26×
  The court held that the district court lacked subject matter jurisdiction because the dispute requires interpretation of tribal law, which must first be decided by the tribal court. Federal question jurisdiction was denied as no federal claim was stated, and diversity jurisdictio
• Or. Env't Council v. Kunzman
  714 F.2d 901· 9th Cir.· 1983-08-30 ·cited 26×
  The court held that the federal appellees' environmental assessment and programmatic environmental impact statement were insufficient to comply with NEPA for the South Salem spraying program, but that the program did not violate FIFRA's label restrictions.
• Quackenbush v. Johnson City Sch. Dist.
  716 F.2d 141· 2d Cir.· 1983-08-24 ·cited 26×
  The court held that the Education of the Handicapped Act (EHA) provides an exclusive remedy, and a plaintiff cannot bypass its administrative procedures to seek damages under 42 U.S.C. § 1983.
• Rogers v. Rulo
  712 F.2d 363· 8th Cir.· 1983-07-20 ·cited 26×
  The court affirmed the district court's judgment, holding that there was insufficient evidence to establish a causal link between the Police Chief's actions and the alleged misconduct, and that the jury instructions, while imperfect, did not constitute plain error.
• Thurman Johnson v. Houser
  704 F.2d 1049· 8th Cir.· 1983-04-20 ·cited 26×
  The court held that the plaintiff waived any error in the jury instructions by failing to make a specific objection at trial, and the instruction did not constitute plain error.
• Gilmore v. Salt Lake Community Action Program
  710 F.2d 632· 10th Cir.· 1983-04-18 ·cited 26×
  The court held that the termination of employment was neither federal nor state action, as the plaintiff failed to demonstrate that the decision was attributable to a governmental policy or rule, despite the agency's governmental funding and the presence of public officials on it
• Wilkerson v. Johnson
  699 F.2d 325· 6th Cir.· 1983-02-09 ·cited 26×
  A private citizen who competes in business with a state regulatory official is unconstitutionally deprived of a liberty interest when that official intentionally misapplies state licensing law to prevent them from obtaining an occupational license.
• Anderson v. Coughlin
  700 F.2d 37· 2d Cir.· 1983-01-26 ·cited 26×
  The court held that the complaint was insufficient to survive a 12(b)(6) motion because it lacked specific factual allegations and failed to provide notice of the claim. However, the failure to provide notice that the motion would be treated as a summary judgment was harmless.
• Appleby v. Meachum
  696 F.2d 145· 1st Cir.· 1983-01-07 ·cited 26×
  The denial of a motion for appointment of counsel in a civil case is not an immediately appealable interlocutory order under the collateral order doctrine.
• Adams v. Bain
  697 F.2d 1213· 4th Cir.· 1982-12-30 ·cited 26×
  The court held that the district court erred in dismissing the appellants' claims under 42 U.S.C. § 1983, as the allegations, if proven, could establish state action and a violation of constitutional rights.
• Manego v. Cape COD Five Cents Sav. Bank
  692 F.2d 174· 1st Cir.· 1982-10-28 ·cited 26×
  The court held that the plaintiff failed to present sufficient evidence to create a genuine issue of material fact regarding a conspiracy to deny him a disco license based on race, thus summary judgment for the defendants was proper.
• Robin v. Hegstrom
  690 F.2d 1280· 9th Cir.· 1982-10-26 ·cited 26×
  Oregon's rules reducing ADC grants based on the presence of non-legally responsible caretaker relatives are invalid because they impermissibly attribute income and resources to the child, violating the Social Security Act and federal regulations.
• Plotkin v. Pac. Tel. & Tel. Co.
  688 F.2d 1291· 9th Cir.· 1982-09-29 ·cited 26×
  The court held that the district court did not abuse its discretion in denying the motion to vacate the summary judgment because the appellant made a voluntary decision not to appeal and failed to show extraordinary circumstances.
• Sanchez v. Schwartz
  688 F.2d 503· 7th Cir.· 1982-09-13 ·cited 26×
  The court affirmed the plaintiff's entitlement to attorney's fees under 42 U.S.C. § 1988 and the exclusion of fees for administrative delays, but reversed and remanded for further reductions in the expert witness fee and compensable hours.
• Bruner v. Dunaway
  684 F.2d 422· 6th Cir.· 1982-08-11 ·cited 26×
  The court held that the district court did not abuse its discretion in granting a new trial based on insufficient evidence of personal involvement or presence during the alleged assault, and that denying post-trial motions after the second trial was also proper.
• Taylor v. Gilmartin
  686 F.2d 1346· 10th Cir.· 1982-07-30 ·cited 26×
  The court held that the trial court erred in directing verdicts on the false imprisonment and intentional infliction of emotional distress claims, but affirmed the dismissal of the § 1983 claim for lack of state action.
• Leleonia Evonne Caldwell v. Line
  679 F.2d 494· 5th Cir.· 1982-07-02 ·cited 26×
  The court held that a civil rights action challenging the validity of a state court conviction must be treated as a habeas corpus petition, requiring exhaustion of state remedies.
• Goichman v. Rheuban Motors, Inc.
  682 F.2d 1320· 9th Cir.· 1982-07-02 ·cited 26×
  The court held that a post-storage hearing within forty-eight hours satisfies due process requirements for vehicle impoundment and that a private towing company acting at the direction of law enforcement is considered to be acting under color of state law for § 1983 claims.
• Fountain v. Metro. Atlanta Rapid Transit Auth.
  678 F.2d 1038· 11th Cir.· 1982-06-18 ·cited 26×
  The court held that federal courts have subject matter jurisdiction over claims alleging a taking of property for public use without just compensation, even if the entity lacks eminent domain power, but that abstention is appropriate pending resolution of a parallel state court a
• Johnson v. Officer J. Miller
  680 F.2d 39· 7th Cir.· 1982-06-07 ·cited 26×
  The court held that the plaintiff's complaint failed to state a claim under 42 U.S.C. § 1983 against the arresting officers or the bank, as their actions did not rise to the level of constitutional violations actionable under federal law.
• Metrocare v. Wash. Metro. Area Transit Auth.
  679 F.2d 922· D.C. Cir.· 1982-05-28 ·cited 26×
  The court held that the jury's verdicts of race discrimination for four individual plaintiffs were supported by sufficient evidence and should be reinstated, but the jury's verdict for class-wide discrimination was not supported by adequate evidence and was properly set aside.
• Avery v. Homewood City Bd. OF Educ.
  674 F.2d 337· 5th Cir.· 1982-04-26 ·cited 26×
  A discharge based in part on an impermissible ground, such as pregnancy out of wedlock, is unlawful unless the employer proves by a preponderance of the evidence that it would have made the same decision even without the impermissible ground. A discharge solely for pregnancy out
• Whatley v. Dep't OF Educ.
  673 F.2d 873· 5th Cir.· 1982-04-23 ·cited 26×
  The court held that Georgia's bifurcated statute of limitations, § 3-704, applies to employment discrimination claims under both 42 U.S.C. § 1981 and § 1983, barring back pay claims but not equitable relief. The court also reversed dismissal of the Title VII claim, remanding for
• Brooks v. Britton
  669 F.2d 665· 11th Cir.· 1982-03-01 ·cited 26×
  The court held that the appellant's failure to file a motion for an extension of time to file the notice of appeal rendered any implicit finding of excusable neglect ineffectual.
• Bradford v. Bronner
  665 F.2d 680· 5th Cir.· 1982-01-11 ·cited 26×
  The court held that Tomlin's claims were barred by res judicata, Smith's claims required exhaustion of state remedies, and Bradford's claims were properly dismissed due to performance and lack of reputational harm actionable under § 1983.
• Padway v. Palches
  665 F.2d 965· 9th Cir.· 1982-01-11 ·cited 26×
  The court held that summary judgment was improper on Title VII claims regarding reassignment and discharge due to disputed facts suggesting sex discrimination, but individual defendants are not liable for back pay. Summary judgment was also reversed for § 1983 and § 1985(3) claim
• Wilson v. Robinson
  668 F.2d 380· 8th Cir.· 1981-12-30 ·cited 26×
  The court held that a county ordinance creating procedural rights for employee termination is valid and enforceable under state law, and that exhaustion of administrative remedies is not required for section 1983 claims.
• Bleeker v. Dukakis
  665 F.2d 401· 1st Cir.· 1981-12-04 ·cited 26×
  An at-will employment interest is not constitutionally protected 'property' under the Fourteenth Amendment, and thus a claim for deprivation of due process cannot be based upon its termination.
• Dike v. The Sch. Bd. OF Orange Cnty.
  650 F.2d 783· 5th Cir.· 1981-07-17 ·cited 26×
  The court held that a teacher's interest in breastfeeding her child during her non-duty time is a constitutionally protected liberty interest, and the complaint should not have been dismissed without fact-finding on the school board's justifications.
• Lehman v. Lycoming Cnty. Child's. Servs. Agency
  648 F.2d 135· 3d Cir.· 1981-03-31 ·cited 26×
  The district court erroneously dismissed the habeas corpus petition for lack of jurisdiction.
• Williams v. Dolph Briscoe
  641 F.2d 274· 5th Cir.· 1981-03-30 ·cited 26×
  The Texas parole statute does not create a protectible expectancy of release that triggers due process protections under Greenholtz.