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

• Earnest v. Lowentritt
  690 F.2d 1198· 5th Cir.· 1982-11-08 ·cited 25×
  The court held that the foreclosure action was a private dispute not conducted under color of state law, and the § 1985(3) claim failed due to lack of racial animus.
• Bobby Maxwell (Ahmid Latfee Jamal Ali) v. Mason
  668 F.2d 361· 8th Cir.· 1981-12-23 ·cited 25×
  The court held that the district court did not err in finding an Eighth Amendment violation for confining an inmate in undershorts without bedding, and that the awarded damages were not arbitrary or excessive, nor was qualified immunity applicable.
• Bush v. Muncy
  659 F.2d 402· 4th Cir.· 1981-09-04 ·cited 25×
  Violations of the Interstate Agreement on Detainers (IAD) trial-before-return provisions are not cognizable under 28 U.S.C. § 2254 habeas corpus, but can be grounds for relief under 42 U.S.C. § 1983. Prosecutorial immunity bars claims against Maryland officials, but claims agains
• Knight v. Nassau Cnty. Civil Serv. Comm'n
  649 F.2d 157· 2d Cir.· 1981-05-18 ·cited 25×
  The court held that assigning an employee to a position based on a racial stereotype, even with benign intent, violates Title VII and the Equal Protection Clause, but affirmed the dismissal of a failure-to-promote claim where the employer provided legitimate, non-discriminatory r
• Bartley Braden v. Tex. A & M Univ. Sys.
  636 F.2d 90· 5th Cir.· 1981-02-02 ·cited 25×
  The court held that although the district court erred in applying the wrong state statute of limitations, the plaintiff's Section 1983 claims were time-barred under the correct statute.
• Neeld v. Nat'l Hockey League
  594 F.2d 1297· 9th Cir.· 1979-04-11 ·cited 25×
  The court held that the National Hockey League's by-law preventing a one-eyed player from participating was a reasonable restraint of trade, not an illegal boycott, and that state law claims lacked federal jurisdiction.
• MacArthur Sylvester REX v. Owens
  585 F.2d 432· 10th Cir.· 1978-10-04 ·cited 25×
  The court held that the plaintiff's claim was not moot under the 'capable of repetition, yet evading review' doctrine, but affirmed the denial of class certification due to lack of evidence.
• Linnie Carl McCOLLAN v. Tate
  575 F.2d 509· 5th Cir.· 1978-06-19 ·cited 25×
  The court held that a sheriff may be liable under section 1983 for false imprisonment if they fail to exercise due diligence in verifying the identity of an individual arrested under a warrant, even if the warrant is fair on its face.
• Sullivan v. Brown
  544 F.2d 279· 6th Cir.· 1976-10-19 ·cited 25×
  A tenured teacher's transfer to another school without reduction in compensation, accompanied by a reprimand placed in her personnel file, does not constitute a deprivation of a constitutionally protected liberty or property interest under the Fourteenth Amendment.
• Ahrensfeld v. Stephens
  528 F.2d 193· 7th Cir.· 1975-12-23 ·cited 25×
  The court held that the district court properly abstained from exercising jurisdiction over the plaintiffs' constitutional challenge to the eminent domain proceedings, affirming the dismissal of the federal action.
• Fuentes v. Adolph Roher
  519 F.2d 379· 2d Cir.· 1975-05-29 ·cited 25×
  The court held that the district court did not err in denying an injunction against administrative proceedings but modified the order to include dismissal of charges if the board fails to appoint a hearing examiner within a specified time.
• Friendship Med. Ctr., Ltd. v. The Chicago Bd. OF Health
  505 F.2d 1141· 7th Cir.· 1974-10-30 ·cited 25×
  The court held that regulations exclusively applicable to abortion procedures, even if not limited to the first trimester, violate the right to privacy. However, generally applicable medical regulations, including those incidentally affecting first-trimester abortions, are permis
• Vicente Galvan and Marcelino Torres v. Levine
  490 F.2d 1255· 2d Cir.· 1973-12-03 ·cited 25×
  The denial of class action designation was affirmed because monetary relief was properly declined and class action status was unnecessary for the injunctive relief granted.
• Green v. Waterford Bd. OF Educ.
  473 F.2d 629· 2d Cir.· 1973-01-29 ·cited 25×
  A mandatory maternity leave provision that forces a physically capable pregnant teacher to take leave without considering her individual ability to teach violates the Equal Protection Clause of the Fourteenth Amendment.
• Earnestine King v. The NEW Rochelle Mun. Hous. Auth. & Ellsworth Wright
  442 F.2d 646· 2d Cir.· 1971-05-12 ·cited 25×
  A five-year durational residency requirement for admission to public housing violates the Equal Protection Clause of the Fourteenth Amendment.
• Mr. William Franklin v. City OF Marks
  439 F.2d 665· 5th Cir.· 1971-03-02 ·cited 25×
  The ten-day period for appealing a state municipal de-annexation decree is a procedural limitation, not a statute of limitations applicable to a federal civil rights action under 42 U.S.C. § 1983.
• Powell v. Power
  436 F.2d 84· 2d Cir.· 1970-12-23 ·cited 25×
  Federal courts lack jurisdiction to remedy unintentional errors in state election administration under the Voting Rights Act or 42 U.S.C. § 1983, absent purposeful discrimination.
• Sigler v. Lowrie
  404 F.2d 659· 8th Cir.· 1968-12-04 ·cited 25×
  The court held that the warden's cancellation of a prisoner's future earnings credits, even if a violation of state law, does not deprive the prisoner of a federal right actionable under the Civil Rights Act.
• Sammie J. Franklin, Jr. v. Meredith
  386 F.2d 958· 10th Cir.· 1967-11-24 ·cited 25×
  The court held that the trial court properly dismissed the civil rights action against the judge, hospital supervisor, and psychiatrist based on judicial and governmental immunity, and correctly denied the application for a three-judge court as the challenged statute had been rep
• The Quinault Tribe OF Indians OF the Quinault Reservation IN the State OF Wash. v. Gallagher
  368 F.2d 648· 9th Cir.· 1966-09-19 ·cited 25×
  The court held that a newly enacted jurisdictional statute, 28 U.S.C. § 1362, applies to pending appeals and grants jurisdiction to the Indian tribe, but the tribe's claims regarding state assumption of jurisdiction fail to state a claim upon which relief can be granted.
• Boatman v. Town OF Oakland
  76 F.3d 341· 11th Cir.· 1996-02-28 ·cited 24×
  The Boatmans sought federal court relief under 42 U.S.C. § 1983, claiming the Town of Oakland's refusal to issue a certificate of occupancy for their manufactured home violated the Fourteenth Amendment's Due Process Clause. The Eleventh Circuit held that the dispute presented onl
• Major Ronald Walsingham v. Kriegel
  671 So. 2d 166· Fla. 1st DCA· 1996-02-21 ·cited 24×
  Petitioners Walsingham and Kriegel, public officials who led environmental and hazardous waste investigations, appealed the denial of their qualified immunity motion in a Section 1983 lawsuit brought by property owners whose premises were searched. The Florida District Court of A
• Goetz v. James P. Noble, M.D.
  652 So. 2d 1203· Fla. 4th DCA· 1995-03-29 ·cited 24×
  The trial court erred in denying summary judgment based on absolute and qualified immunity for the appellant's actions.
• Gallagher v. Motors Ins. Corp.
  605 So. 2d 62· Fla.· 1992-07-23 ·cited 24×
  Florida's insurance premium tax scheme (pre-July 1, 1988) imposed higher taxes on foreign insurers than domestic insurers. The trial court declared it unconstitutional under the Equal Protection and Due Process Clauses, but the Florida Supreme Court reversed, holding that the tax
• GET Away Club, Inc. v. Vic Coleman
  969 F.2d 664· 8th Cir.· 1992-07-13 ·cited 24×
  The troopers are entitled to qualified immunity on the claim for civil damages because the law regarding Fifth Amendment takings was not clearly established at the time of their actions. However, a genuine issue of material fact remains regarding the frequency and location of the
• Rivera-Muriente v. Agosto-Alicea
  959 F.2d 349· 1st Cir.· 1992-03-23 ·cited 24×
  The court held that the plaintiff's claim under 42 U.S.C. § 1983 was time-barred because he knew or should have known of his termination more than one year before filing suit.
• Romberg v. Nichols
  953 F.2d 1152· 9th Cir.· 1992-01-13 ·cited 24×
  The Rombergs are prevailing parties entitled to a fee award under 42 U.S.C. § 1988 because they succeeded on a significant issue that altered the legal relationship with the defendants.
• Trooper Alvin T. Pontarelli v. Stone
  930 F.2d 104· 1st Cir.· 1991-04-18 ·cited 24×
  The court held that a notice of appeal using "et al." is insufficient to confer appellate jurisdiction for unnamed parties and that mistaken reliance on "et al." does not constitute excusable neglect for extending the appeal deadline. The court also affirmed that sex discriminati
• Freeman v. Ferguson
  911 F.2d 52· 8th Cir.· 1990-08-06 ·cited 24×·via 42 U.S.C. § 1983 Claim
  The court held that while the original complaint was insufficient, the appellant should have been allowed to amend her complaint to conform to the legal framework established by DeShaney v. Winnebago County DSS.
• King v. Bd. OF Regents OF the Univ. OF Wis. Sys.
  898 F.2d 533· 7th Cir.· 1990-03-22 ·cited 24×
  The court held that the defendant's sexual harassment of the plaintiff was not a violation of the Equal Protection Clause because it was based on a personal romantic pursuit rather than membership in a protected class.
• Simmons v. Reynolds
  898 F.2d 865· 2d Cir.· 1990-03-12 ·cited 24×
  The court held that while a six-year delay in hearing an appeal violated due process rights, the subsequent affirmance of the conviction rendered release from custody inappropriate, and damages were the proper remedy for any remaining prejudice.
• Belcher v. Oliver
  898 F.2d 32· 4th Cir.· 1990-03-12 ·cited 24×
  Jail officials are entitled to qualified immunity because their actions did not violate clearly established constitutional law regarding deliberate indifference to a pretrial detainee's serious medical needs.
• McCUEN v. Polk Cnty.
  893 F.2d 172· 8th Cir.· 1990-01-04 ·cited 24×
  The court held that the defendants were entitled to immunity, either absolute or qualified, for their actions related to the temporary removal of the child, and thus summary judgment was appropriate.
• Kirkland v. Northside Indep. Sch. Dist.
  890 F.2d 794· 5th Cir.· 1989-12-22 ·cited 24×
  A public school teacher's use of a non-approved supplemental reading list, without seeking administrative approval, does not constitute constitutionally protected speech on a matter of public concern.
• Phelps v. The Wichita Eagle-Beacon
  886 F.2d 1262· 10th Cir.· 1989-09-29 ·cited 24×
  The court held that plaintiff's Section 1981 and RICO claims were properly dismissed, but his Section 1985(3) claim and potentially his Section 1983 Equal Protection claim were not, and the state action issue for the Section 1983 claim requires further factual development.
• Baker v. I.G. Racansky
  887 F.2d 183· 9th Cir.· 1989-09-26 ·cited 24×
  The court held that the social workers were entitled to qualified immunity because their conduct in taking a child into temporary protective custody did not violate clearly established law.
• Jones v. Preuit & Mauldin
  876 F.2d 1480· 11th Cir.· 1989-06-20 ·cited 24×
  The court held that the Owens v. Okure decision applies retroactively and that the one-year Alabama statute of limitations bars the plaintiff's § 1983 claim.
• Hamm v. Sheriff James A. Powell
  874 F.2d 766· 11th Cir.· 1989-06-06 ·cited 24×
  The court held that the officers had probable cause to arrest the appellees, and therefore the jury's verdict for false arrest and excessive force could not stand. Qualified immunity protected the officers from liability for excessive force under the Fourth Amendment.
• Judie v. Darrell Hamilton, M.D.
  872 F.2d 919· 9th Cir.· 1989-04-18 ·cited 24×
  The court held that the plaintiff stated a claim under Title VII for discriminatory limitation of supervisory duties and that his Section 1983 and 1985(3) claims regarding his suspension were not barred by the settlement agreement.
• Gillihan v. Shillinger
  872 F.2d 935· 10th Cir.· 1989-04-12 ·cited 24×
  The court held that a prisoner stated a claim for deprivation of property without due process when funds were taken from his account pursuant to established policy, and that the district court erred in denying his motion to supplement his complaint.
• Viens v. Daniels
  871 F.2d 1328· 7th Cir.· 1989-03-29 ·cited 24×
• NEU v. Corcoran
  869 F.2d 662· 2d Cir.· 1989-03-03 ·cited 24×
  Qualified immunity shields state officials from liability for defamation that damages career opportunities but does not deprive the citizen of a legal right or status created by state law.
• Feliciano-Angulo v. Hon. Hector Rivera-Cruz
  858 F.2d 40· 1st Cir.· 1988-09-30 ·cited 24×
  The court held that the defendant was entitled to qualified immunity from damages for the procedural due process claim, but not for the First Amendment claims, as factual issues regarding motive remained.
• Bobby Watts, M.D. v. John H. Burkhart, M.D.
  854 F.2d 839· 6th Cir.· 1988-08-12 ·cited 24×
  The court held that the district court erred in dismissing the equal protection claim but was correct in dismissing the due process claim because state remedies were adequate.
• Earle v. Benoit
  850 F.2d 836· 1st Cir.· 1988-06-29 ·cited 24×
  The court held that the district court did not err in excluding evidence of town officers' statements due to lack of proven conspiracy, but erred in directing a verdict on the civil rights conspiracy claim, though this error was harmless.
• Duncan v. Mr. & Mrs. Harold Peck
  844 F.2d 1261· 6th Cir.· 1988-04-25 ·cited 24×
  Private parties acting under color of state law are not entitled to good faith immunity under 42 U.S.C. § 1983, but may assert a good faith defense.
• Stillians v. State OF Iowa
  843 F.2d 276· 8th Cir.· 1988-03-30 ·cited 24×
  The majority holds that resolution of the plaintiff's ADEA claim by a state administrative agency provides issue preclusion of that claim filed in federal court.
• Justice v. Dennis
  834 F.2d 380· 4th Cir.· 1987-11-25 ·cited 24×
  The jury instruction imposing a substantive due process standard for an excessive force claim was error requiring remand for a new trial, as the claim properly invoked Fourth Amendment protections against unreasonable seizures.
• Healy v. Town OF Pembroke Park
  831 F.2d 989· 11th Cir.· 1987-11-05 ·cited 24×
  The court held that the prior administrative proceeding did not preclude the plaintiffs from seeking compensatory damages in federal court, but affirmed absolute legislative immunity for the mayor and commissioners, and remanded for consideration of attorneys' fees.
• GEE v. Estes
  829 F.2d 1005· 10th Cir.· 1987-09-28 ·cited 24×
  The court held that the district court erred by failing to provide the pro se plaintiff with the required ten days to object to the magistrate's report and by not conducting a de novo review of the plaintiff's objections to factual findings.