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

• Fear v. Commonwealth OF Pa. & R. K. Johnson
  413 F.2d 88· 3d Cir.· 1969-07-10 ·cited 26×
  The court held that a state is not a 'person' under 42 U.S.C. § 1983 and that a claim of improper medical care is legally insufficient to establish a denial of federal rights.
• Howard v. Colbert Higgins
  379 F.2d 227· 10th Cir.· 1967-06-01 ·cited 26×
  Federal jurisdiction is lacking under 28 U.S.C. § 1343(3) for a claim alleging only the deprivation of a property right.
• Urbano v. Calissi
  353 F.2d 196· 3d Cir.· 1965-11-23 ·cited 26×
  The court held that the plaintiff was entitled to an opportunity to be heard on the legal questions before the complaint was dismissed.
• Snow v. Gladden
  338 F.2d 999· 9th Cir.· 1964-11-10 ·cited 26×
  The court held that the inmate's complaint failed to state a claim for denial of equal protection or due process, and that prison authorities have broad discretion in prisoner treatment.
• United States ex rel. Ralph J. Hoge v. Bolsinger
  311 F.2d 215· 3d Cir.· 1962-10-31 ·cited 26×
  The court held that the appellant failed to allege facts establishing a cause of action under federal law for violations of his civil rights or equal protection.
• Molton G. Smith v. Stone
  308 F.2d 15· 9th Cir.· 1962-09-07 ·cited 26×
  The court held that the trial court did not abuse its discretion in refusing to set aside a summary judgment due to the appellant's counsel's failure to follow court rules and file timely opposition.
• Poer v. Jefferson Cnty. Comm'n
  100 F.4th 1325· 11th Cir.· 2024-05-01 ·cited 25×
  The Eleventh Circuit affirmed the district court's grant of summary judgment, finding no evidence that the plaintiff's termination or denial of transfer was based on race.
• Tokyo Gwinnett, LLC v. Gwinnett Cnty.
  940 F.3d 1254· 11th Cir.· 2019-10-11 ·cited 25×
  Tokyo Valentino, an adult entertainment business, challenged Gwinnett County's business licensing and adult entertainment ordinances under federal law, first suing in 2015 and later amending its complaint after the County enacted replacement ordinances. The Eleventh Circuit held
• Marshall v. Allen
  984 F.2d 787· 7th Cir.· 1993-01-22 ·cited 25×
  The court held that the defendants are not entitled to qualified immunity on the First Amendment free speech claim because the law was clearly established that speech concerning sex discrimination in a public agency is a matter of public concern, and the form and context of Marsh
• Simmons v. The City OF Philadelphia
  947 F.2d 1042· 3d Cir.· 1991-10-18 ·cited 25×
  A municipality can be held liable under section 1983 for deliberate indifference to constitutional rights, which can be proven by demonstrating reckless conduct or a failure to act when officials should have known of a risk.
• Hammer v. Gross
  932 F.2d 842· 9th Cir.· 1991-05-13 ·cited 25×
  The Ninth Circuit en banc held that while the use of force to extract a blood sample from a suspect is governed by the Fourth Amendment's objective reasonableness standard, the question of whether the force used in this case was excessive was a matter for the jury. The court also
• Harris v. City OF Zion
  927 F.2d 1401· 7th Cir.· 1991-03-19 ·cited 25×
  The court held that plaintiffs must prove factual allegations to establish standing, and that the establishment clause prohibits government endorsement of religion, not merely its display.
• Playboy Enters., Inc. v. Pub. Serv. Comm'n OF Puerto RICO
  906 F.2d 25· 1st Cir.· 1990-06-21 ·cited 25×
  The court held that federal question jurisdiction exists for a suit seeking to enjoin state officials from enforcing state laws preempted by federal statutes, and that 42 U.S.C. § 1983 provides a cause of action to enforce the immunity granted by the Cable Act.
• W. Va. Univ. Hosps., Inc. v. Casey
  885 F.2d 11· 3d Cir.· 1989-09-05 ·cited 25×
  The court held that hospitals have private rights enforceable under 42 U.S.C. § 1983 for violations of the Medicaid Act's hospital reimbursement provisions.
• Savarese v. Agriss
  883 F.2d 1194· 3d Cir.· 1989-08-31 ·cited 25×
  The Court affirmed the district court's admission of statements made by a deceased party-opponent under Federal Rule of Evidence 801(d)(2)(A). However, the Court vacated the punitive damages award due to ambiguous jury instructions and vacated Savarese's compensatory damage award
• Hughes v. Meyer
  880 F.2d 967· 7th Cir.· 1989-07-27 ·cited 25×
  The court held that the arresting officers were protected by qualified immunity and the game warden did not act under color of state law, thus affirming the grant of summary judgment.
• United Steelworkers OF Am. v. Phelps Dodge Corp.
  865 F.2d 1539· 9th Cir.· 1989-01-18 ·cited 25×
  The court held that the majority's interpretation of certain statements as evidence of conspiracy was an unwarranted inference, particularly given the lack of direct evidence and the context of the situation.
• Graham v. City OF Okla. City
  859 F.2d 142· 10th Cir.· 1988-10-13 ·cited 25×
  Summary judgment on the liberty interest claim was improper due to lack of notice, but summary judgment on the property interest and § 1985 claims was proper.
• Nicki Arron Bonner v. Mr. Lewis
  857 F.2d 559· 9th Cir.· 1988-09-13 ·cited 25×
  The court held that genuine issues of material fact preclude summary judgment on the Rehabilitation Act claim and the due process claim, but affirmed summary judgment on the equal protection and Eighth Amendment claims. The dismissal of the Director was affirmed for Section 1983
• DeMALLORY v. Cullen
  855 F.2d 442· 7th Cir.· 1988-08-23 ·cited 25×·via 42 U.S.C. § 1983 Liability
  The court held that a prisoner's Eighth Amendment claim regarding unsanitary conditions and dangerous inmate interactions requires more than a showing of negligence, but the district court improperly granted summary judgment without addressing the core allegations. The court also
• Baker v. Gulf & W. Indus., Inc.
  850 F.2d 1480· 11th Cir.· 1988-08-01 ·cited 25×
  The court held that the four-year statute of limitations for personal injury claims applies to Dr. Baker's federal claims under 42 U.S.C.A. § 1981, and that the Supreme Court's decisions in Wilson v. Garcia and Goodman v. Lukens Steel Co. apply retroactively.
• Rushton v. Neb. Pub. Power Dist.
  844 F.2d 562· 8th Cir.· 1988-04-14 ·cited 25×·via 42 U.S.C. § 1983 Action
  The court held that the drug-testing policy did not violate plaintiffs' First Amendment free exercise rights or Fourth Amendment rights, as the state's compelling interests in public safety and plant security outweighed the plaintiffs' privacy and religious objections.
• Thomas "Jack" Fitzgerald v. McDANIEL
  833 F.2d 1516· 11th Cir.· 1987-12-15 ·cited 25×
  The court held that the reasonableness of a deputy sheriff's use of deadly force during an arrest is a question for the jury, and that the district court did not err in its application of notice statutes, sovereign immunity, or evidentiary rules.
• Jones v. Sherrill
  827 F.2d 1102· 6th Cir.· 1987-09-02 ·cited 25×
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 against the official defendants because their actions did not deprive the decedent of constitutional rights without due process of law. The court affirmed the dismissal of the complaint.
• Brown v. Fauver
  819 F.2d 395· 3d Cir.· 1987-05-18 ·cited 25×
  The court held that the prisoner's claim for restoration of good-time credits is cognizable only under habeas corpus, not § 1983, and that he failed to exhaust state remedies. Furthermore, the prisoner lacks standing to seek prospective relief.
• Scutieri v. Duriel "Budd" Paige and Alcides Marquez
  808 F.2d 785· 11th Cir.· 1987-01-26 ·cited 25×
  The court held that the district court erred in granting a directed verdict for Marquez and in denying the plaintiffs' claim for punitive damages, but did not err in denying Paige's motion for a new trial based on newly discovered evidence.
• Freeman v. Rideout
  808 F.2d 949· 2d Cir.· 1986-12-30 ·cited 25×
  The filing of unfounded charges against a prison inmate does not, per se, constitute a constitutional violation actionable under 42 U.S.C. § 1983, provided that the inmate receives the constitutionally required due process protections at a subsequent disciplinary hearing.
• Spence v. Hal Farrier
  807 F.2d 753· 8th Cir.· 1986-12-24 ·cited 25×
  The court held that random urinalysis searches of inmates implicate the Fourth Amendment and require a balancing of institutional security needs against inmate privacy rights.
• McRORIE v. Shimoda
  795 F.2d 780· 9th Cir.· 1986-07-28 ·cited 25×
  The court held that allegations in a motion for judgment on the pleadings cannot be considered part of the complaint, and a plaintiff explicitly waived a due process claim.
• Crawford v. Tex. Army Nat'l Guard
  794 F.2d 1034· 5th Cir.· 1986-07-23 ·cited 25×
  The court held that claims for damages and injunctive relief based on alleged constitutional violations by military personnel are barred by Chappell and Feres doctrines, and claims for correction of records are premature due to failure to exhaust administrative remedies.
• Carter v. Dist. OF Columbia
  795 F.2d 116· D.C. Cir.· 1986-07-03 ·cited 25×
  The court held that the trial judge erred in allowing extensive introduction of allegations of prior police misconduct, necessitating a new trial on claims submitted to the jury. The court also affirmed the directed verdict for the municipality on the constitutional tort claim.
• Alberti v. Klevenhagen
  790 F.2d 1220· 5th Cir.· 1986-06-04 ·cited 25×
  While the appointment of the plaintiffs' counsel as an Ombudsman did not result in actual prejudice in this case, such appointments are strongly discouraged due to the inherent conflict between the roles of advocate and impartial court monitor.
• Johnson v. Univ. OF Wisconsin-Milwaukee
  783 F.2d 59· 7th Cir.· 1986-01-29 ·cited 25×·via Section 1983
  Evidence of a non-discriminatory retaliatory motive is irrelevant to proving that the employer's proffered legitimate, non-discriminatory reason for termination was a pretext for age discrimination.
• Rivera v. Al Green
  775 F.2d 1381· 9th Cir.· 1985-11-08 ·cited 25×
  The court held that the Wilson v. Garcia decision, which mandates application of state personal injury statutes of limitations to § 1983 claims, should be applied retroactively. The court also held that certain defendants were immune or acted as private parties, thus failing to s
• Daigle v. Opelousas Health Care, Inc.
  774 F.2d 1344· 5th Cir.· 1985-10-30 ·cited 25×
  A nursing home's receipt of state funding and regulation, without more, does not constitute state action for purposes of a 42 U.S.C. § 1983 claim.
• Martinez v. Winner
  771 F.2d 424· 10th Cir.· 1985-08-22 ·cited 25×
  A judge is absolutely immune from claims for damages for judicial acts, and prosecutors are immune for actions intimately associated with the judicial phase of the criminal process, but not for actions taken to cover up wrongdoing after the judicial process has concluded.
• Altair Corp. v. de Busquets
  769 F.2d 30· 1st Cir.· 1985-08-07 ·cited 25×
  The court held that the prior suit seeking injunctive relief did not toll the statute of limitations for the current damages action under 42 U.S.C. § 1983.
• Shapley v. Nev. Bd. OF State Prison Comm'rs
  766 F.2d 404· 9th Cir.· 1985-07-16 ·cited 25×
  The court held that res judicata and collateral estoppel did not bar the prisoner's claim of deliberate indifference to medical needs based on delayed surgery, but affirmed dismissal of the claim regarding a $3 medical visit fee due to lack of factual support.
• Taliferro v. Augle
  757 F.2d 157· 7th Cir.· 1985-03-13 ·cited 25×
  The court held that while the jury's finding of liability was not against the weight of the evidence, the compensatory damages award was excessive and required a remittitur or a new trial on damages.
• Dahlberg v. Becker
  748 F.2d 85· 2d Cir.· 1984-11-09 ·cited 25×
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because the private parties' alleged misuse of state law was not attributable to the state, and thus there was no 'state action' or 'state actor'.
• Bertold J. Pembaur, M.D. v. City OF Cincinnati
  746 F.2d 337· 6th Cir.· 1984-10-18 ·cited 25×
  The court held that the prosecutor was entitled to good faith immunity and that the county was not liable for the sheriff's actions as no county policy was established. However, the dismissal of the claim against the city was vacated and remanded.
• McGRUDER v. Necaise
  733 F.2d 1146· 5th Cir.· 1984-06-08 ·cited 25×
  Prosecutors are absolutely immune from damages liability for actions taken within the scope of their prosecutorial duties, and the State is immune from suit under the Eleventh Amendment.
• Marvin H. v. Austin Indep. Sch. Dist.
  714 F.2d 1348· 5th Cir.· 1983-09-22 ·cited 25×
  Parents of a handicapped child cannot recover retrospective compensation or damages for a school district's failure to provide services when the district attempted in good faith to adhere to guidelines and parents unilaterally procured private services without consultation.
• Dufrin v. Oakland Cnty. Sheriff Johannes Spreen
  712 F.2d 1084· 6th Cir.· 1983-07-29 ·cited 25×
  A visual body cavity search of a female detainee arrested for a felony involving violence, who would potentially mingle with the general jail population, is not unconstitutional under the Fourth Amendment, even if conducted pursuant to a blanket policy.
• Perez v. Laredo Junior Coll.
  706 F.2d 731· 5th Cir.· 1983-06-10 ·cited 25×
  The court held that most of the plaintiff's claims were barred by the statute of limitations as they were single acts, but the claim for continuing denial of equal protection might not be barred and requires further proceedings.
• Venegas v. Wagner
  704 F.2d 1144· 9th Cir.· 1983-04-28 ·cited 25×
  A civil rights claim alleging denial of a fair trial accrues upon the reversal of the wrongful conviction, not upon the last overt act of the conspiracy.
• Millard Scudder v. Town OF Greendale
  704 F.2d 999· 7th Cir.· 1983-04-08 ·cited 25×
  The court held that a plaintiff failed to state a claim under 42 U.S.C. § 1983 when a zoning ordinance was applied in a reasoned manner, even if the plaintiff believed it was unconstitutional.
• Gargiul v. Tompkins
  704 F.2d 661· 2d Cir.· 1983-03-29 ·cited 25×
  A teacher has a constitutional right to privacy, encompassing bodily integrity, which includes the right to refuse examination by a doctor of the opposite sex.
• Bennett v. City OF Slidell
  697 F.2d 657· 5th Cir.· 1983-02-07 ·cited 25×
  The court held that the city and city attorney could be held liable under § 1983 for unconstitutional application of zoning ordinances and deprivation of power, but the councilmen were not liable due to insufficient evidence.
• Lakewood v. City OF Lakewood
  699 F.2d 303· 6th Cir.· 1983-02-02 ·cited 25×
  A municipal zoning ordinance prohibiting church construction in most residential districts does not violate the Free Exercise Clause of the First Amendment because it imposes only an indirect financial burden and does not compel abandonment of religious beliefs. The ordinance is