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

• Henriksen v. The Honorable Judge Vernon G. Bentley
  644 F.2d 852· 10th Cir.· 1981-03-26 ·cited 26×
  A judge is not liable under 42 U.S.C. § 1983 for a clerk's actions under respondeat superior, but a clerk's claim for denial of access to courts requires further factual development regarding qualified immunity.
• Fowler v. Armond Cross
  635 F.2d 476· 5th Cir.· 1981-01-27 ·cited 26×
  The court held that county jailers were not liable for failing to provide a parole revocation hearing, as that duty rested with the Parole Commission, but reversed the grant of qualified immunity to Parole Commission employees and commissioners, finding they knew or should have k
• Wheatley v. Police Officers Robert Beetar
  637 F.2d 863· 2d Cir.· 1980-12-31 ·cited 26×
  The court should order a new trial on all issues, not just damages, because liability and damages are too intertwined.
• Mancini v. Sherwin Lester and David Lucas
  630 F.2d 990· 3d Cir.· 1980-09-18 ·cited 26×
  The court held that the district court erred in granting absolute prosecutorial immunity without a functional analysis of the defendants' actions.
• Glaros v. Perse
  628 F.2d 679· 1st Cir.· 1980-08-12 ·cited 26×
  The court held that the dismissal of the complaint against out-of-state defendants and the Commonwealth of Massachusetts was proper, but remanded the case for redetermination of the motion to amend the complaint as to certain Massachusetts defendants and the United States.
• Iola Forts v. Ward
  621 F.2d 1210· 2d Cir.· 1980-05-08 ·cited 26×
• Lemons v. The City & Cnty. OF Denver
  620 F.2d 228· 10th Cir.· 1980-04-21 ·cited 26×
  The court held that plaintiffs' claim that the City should not mirror community pay scales for nurses, even if historically underpaid, is beyond the scope of Title VII and the Constitution.
• Ferranti v. Moran
  618 F.2d 888· 1st Cir.· 1980-04-18 ·cited 26×
  The court held that the dismissal of the inmate's claims regarding property destruction, interference with legal access, and retaliation was improper, requiring reversal and remand.
• Keenan v. Bennett
  613 F.2d 127· 5th Cir.· 1980-03-10 ·cited 26×
  A prisoner's claim challenging the revocation of good-time credits, even if framed as a due process violation under § 1983 and seeking damages, must be treated as a habeas corpus petition requiring exhaustion of state remedies.
• Smith v. Sheriff Mike Sullivan
  611 F.2d 1039· 5th Cir.· 1980-02-14 ·cited 26×
  A federal court cannot impose a jail population limit solely to comply with state law; such a limit must be tied to remedying a federal constitutional violation after a hearing.
• Associated Gen. Contractors OF Cal. v. SAN Francisco Unified Sch. Dist.
  616 F.2d 1381· 9th Cir.· 1980-02-11 ·cited 26×
  The court held that the School District's affirmative action policy was invalid under California's "lowest responsible bidder" law, and that this state law was constitutional as applied. The court also found no constitutional duty to implement such affirmative action.
• Swietlowich v. Cnty. OF Bucks & Twp. of Bristol & Harry Merker & Sgt. Stanley Martin & Sgt. Walter Hughes & Patrolman H. J. McDonough
  610 F.2d 1157· 3d Cir.· 1979-12-05 ·cited 26×
  The court held that the jury instructions on the statute of limitations were inadequate because they focused on the alteration of police logs rather than the misleading statements made to the plaintiff, requiring a new trial.
• Collins v. Hladky
  603 F.2d 824· 10th Cir.· 1979-08-17 ·cited 26×
  The court held that a trial court erred in dismissing a civil rights action based solely on conflicting affidavits, as disputed factual issues require further development of the record.
• Duncan v. Barnes
  592 F.2d 1336· 5th Cir.· 1979-04-13 ·cited 26×
  The court held that the Fourth Amendment applies to the entire execution of a search warrant, not just the search for items, and good faith belief in the warrant's validity does not excuse unreasonable execution.
• Rosaly v. Ignacio
  593 F.2d 145· 1st Cir.· 1979-02-23 ·cited 26×
  The court held that the district court erred in its jury instructions and findings regarding First Amendment rights, due process claims, and conspiracy, necessitating a remand for further proceedings.
• Ekanem v. The Health & Hosp. Corp. OF Marion Cnty.
  589 F.2d 316· 7th Cir.· 1978-12-21 ·cited 26×
  The court held that the district court abused its discretion in granting a preliminary injunction because the plaintiffs failed to establish a substantial likelihood of success on the merits and irreparable injury.
• Hudspeth v. Figgins
  584 F.2d 1345· 4th Cir.· 1978-10-05 ·cited 26×
  A single, incredible threat by a correctional officer and subsequent administrative reassignment do not state a claim of constitutional magnitude.
• LOE v. Armistead
  582 F.2d 1291· 4th Cir.· 1978-08-16 ·cited 26×·via 42 U.S.C. § 1983 Action
  The dissenting judge believes the majority erred in finding a § 1983 claim for deliberate indifference to serious medical needs and in creating a broad federal remedy under the Fifth Amendment.
• Domingo Roque Molina v. Paul T. Richardson & the City of Los Angeles
  578 F.2d 846· 9th Cir.· 1978-07-21 ·cited 26×
  The dissenting judge would reverse the district court's decision, find jurisdiction, and infer a cause of action against the city directly from the Fourteenth Amendment.
• Arthur v. Ewald P. Nyquist
  573 F.2d 134· 2d Cir.· 1978-03-08 ·cited 26×
  The court held that officials sued in their official capacities for injunctive relief are 'persons' under § 1983, and that the district court correctly applied the 'foreseeable consequences' test to find intentional segregation by city appellants.
• Wirth v. Surles
  562 F.2d 319· 4th Cir.· 1977-09-22 ·cited 26×
• Inmates v. Sheriff Owens
  561 F.2d 560· 4th Cir.· 1977-09-16 ·cited 26×
• Flavia Alfaro de Quevedo v. Schuck
  556 F.2d 591· 1st Cir.· 1977-06-03 ·cited 26×
  A government employee's position is considered policymaking, allowing for dismissal on political grounds, if the duties involve broad discretion, advice to superiors, and formulation of policy, even if the employee did not exercise the full extent of that discretion.
• Gustave Zurak v. Regan
  550 F.2d 86· 2d Cir.· 1977-02-07 ·cited 26×
  The court held that the district court's order mandating strict processing of conditional release applications by eligibility date and within a 60-90 day window was an unwarranted federal interference with state prison administration.
• Miller v. Barilla
  549 F.2d 648· 9th Cir.· 1977-01-31 ·cited 26×
  Public defenders are accorded absolute immunity from § 1983 damage claims for acts done in the performance of their judicial function, specifically including plea bargaining.
• Fulton v. Isadore Hecht
  545 F.2d 540· 5th Cir.· 1977-01-17 ·cited 26×
  The court held that the refusal to renew a greyhound racing contract by a privately owned track, despite state regulation, did not constitute state action under the Fourteenth Amendment or 42 U.S.C. § 1983.
• Martin v. Merola
  532 F.2d 191· 2d Cir.· 1976-02-05 ·cited 26×
  A prosecutor may be held liable under § 1983 for making public statements that are beyond the scope of official duties and known or should have been known to violate a defendant's constitutional rights to a fair trial.
• Bursey v. Weatherford
  528 F.2d 483· 4th Cir.· 1975-12-02 ·cited 26×
  The court held that the government's knowing allowance of an informant to intrude upon attorney-client conferences, even if for cover and not to gain specific trial strategy, violates the Sixth Amendment right to counsel and the Fourteenth Amendment right to a fair trial, requiri
• Long v. Richardson
  525 F.2d 74· 6th Cir.· 1975-10-24 ·cited 26×
  The court held that Memphis State University, unlike the University of Tennessee, has not clearly waived its Eleventh Amendment immunity, and thus the suit against its officials for state funds is barred.
• Pedro and Olga A. Barrera v. Sec. Bldg. & Inv. Corp.
  519 F.2d 1166· 5th Cir.· 1975-09-25 ·cited 26×·via 42 U.S.C. § 1983 Action
  The court held that the non-judicial foreclosure of a deed of trust, even when regulated by state statute, does not constitute state action for purposes of a Fourteenth Amendment due process claim.
• Navarro v. Chief OF Police
  523 F.2d 214· 8th Cir.· 1975-09-04 ·cited 26×
  The court held that the district court abused its discretion in dismissing the action for failure to prosecute, as the plaintiff's conduct did not demonstrate a clear record of delay or contumacious conduct.
• Goodrich v. Supreme Court OF the State OF S.D.
  511 F.2d 316· 8th Cir.· 1975-03-07 ·cited 26×
  The court held that a federal court should not intervene in ongoing state disbarment proceedings absent a showing of great and immediate irreparable injury, and that issues previously decided by a state court are res judicata.
• Tramel v. Schrader
  505 F.2d 1310· 5th Cir.· 1975-01-06 ·cited 26×
  The court held that a three-judge court was not required and that the Tax Injunction Statute barred federal jurisdiction over the plaintiffs' challenge to special street improvement assessments.
• Draeger v. Grand Cent., Inc.
  504 F.2d 142· 10th Cir.· 1974-09-12 ·cited 26×
  The court held that the store could not be held vicariously liable under 42 U.S.C. § 1983 for the off-duty officer's actions, as a private entity lacks the requisite official character for state action. However, the store could be held liable for false arrest and imprisonment.
• Artie Mahaley v. Cuyahoga Metro. Hous. Auth.
  500 F.2d 1087· 6th Cir.· 1974-07-09 ·cited 26×
  The court held that the single judge erred in finding a violation of Section 1983 and ordering relief against the municipalities, as their refusal to enter cooperation agreements was lawful under the Housing Act and did not constitute unconstitutional discrimination.
• Mandel v. Hutchinson
  494 F.2d 364· 9th Cir.· 1974-03-29 ·cited 26×
  The court held that federal courts lack jurisdiction to enjoin state tax collection when a plain, speedy, and efficient remedy exists in state courts, as mandated by 28 U.S.C. § 1341.
• Dorcas Bond and Barbara Baldwin v. Dentzer
  494 F.2d 302· 2d Cir.· 1974-03-13 ·cited 26×
  The dissenting judge would affirm the lower court's decision, finding that wage assignment constitutes state action and violates due process.
• Belle Few Thompson v. Sheppard
  490 F.2d 830· 5th Cir.· 1974-03-08 ·cited 26×
  A jury list drawn objectively and at random from the entire voting list is presumed to be representative, and the burden is on the challenger to prove constitutional deficiency.
• Tang v. App. Div. OF the NEW York Supreme Court
  487 F.2d 138· 2d Cir.· 1973-10-19 ·cited 26×
• Willingham v. MacOn Tel. Publ'g Co.
  482 F.2d 535· 5th Cir.· 1973-06-28 ·cited 26×
• Sullivan v. Houston Indep. Sch. Dist.
  475 F.2d 1071· 5th Cir.· 1973-03-15 ·cited 26×
  The court held that while the initial hearing before the principal may have been procedurally flawed due to his personal involvement, subsequent de novo appellate hearings cured this defect, and the student's flagrant disregard for school regulations justified his suspension.
• White v. Padgett
  475 F.2d 79· 5th Cir.· 1973-03-02 ·cited 26×
  The court held that the plaintiff's claim under 42 U.S.C. § 1983 was barred by the statute of limitations, and therefore did not reach the issue of defendants' immunity.
• Male v. Crossroads Assocs.
  469 F.2d 616· 2d Cir.· 1972-11-10 ·cited 26×
  The court held that the pervasive state involvement in the development and operation of the Crossroads Apartments meant its rental practices were subject to the Equal Protection Clause of the Fourteenth Amendment, and the refusal to consider welfare recipients for housing constit
• Wilkinson v. Skinner
  462 F.2d 670· 2d Cir.· 1972-06-28 ·cited 26×·via 42 U.S.C. § 1983 Action
  The court held that amended prison mail regulations mooted the case, as they adequately protect inmates' First and Sixth Amendment rights.
• Delone Martin v. Duffie
  463 F.2d 464· 10th Cir.· 1972-06-05 ·cited 26×
  The court held that in a § 1983 action for warrantless arrest, the plaintiff need only present a prima facie case of illegal arrest, and the burden shifts to the officers to prove probable cause as a defense.
• Moor v. Madigan
  458 F.2d 1217· 9th Cir.· 1972-04-12 ·cited 26×
  The court held that a county is not a 'person' under 42 U.S.C. § 1983, and state law cannot create municipal liability under § 1988 if it contradicts federal law. It also held that pendent state claims against a municipality cannot be brought in federal court if no federal claim
• Winters v. Alan D. Miller, M.D.
  446 F.2d 65· 2d Cir.· 1971-05-26 ·cited 26×
  The court held that the appellant's constitutional rights were not violated by fingerprinting and photographing, and that the trial court's grant of summary judgment for the defendants should be affirmed.
• Belknap v. Leary
  427 F.2d 496· 2d Cir.· 1970-05-29 ·cited 26×
  The court held that a temporary restraining order, even if short-lived, can be appealable if it functions as a mandatory injunction. However, the order in this case was vacated as an abuse of discretion.
• Jackson v. Hartford Accident & Indem. Co.
  422 F.2d 1272· 8th Cir.· 1970-03-10 ·cited 26×
  The court held that the trial court's finding of no negligence was supported by substantial evidence, and therefore, no violation of the plaintiff's constitutional rights occurred.
• Harlan Clark Brown v. Strickler
  422 F.2d 1000· 6th Cir.· 1970-02-19 ·cited 26×
  The court held that the district court erred in dismissing the students' suit sua sponte for lack of jurisdiction, as the complaint adequately alleged state action and a due process violation under the Civil Rights Act.