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

• McCABE v. Arvon J. Arave
  827 F.2d 634· 9th Cir.· 1987-09-11 ·cited 24×
  Prison regulations are valid if reasonably related to legitimate penological interests, but content-based bans on literature advocating racial purity, without violence, are unconstitutional. Claims regarding facial hair and diets were not ripe.
• McMASTER v. Cabinet FOR Human Resources
  824 F.2d 518· 6th Cir.· 1987-07-29 ·cited 24×
  The court affirmed the district court's judgment, holding that the plaintiffs' claims were barred by the statute of limitations and/or claim preclusion.
• Alvarado v. Zayas
  816 F.2d 818· 1st Cir.· 1987-04-24 ·cited 24×
  The dissenting judge believes the majority erred in its reasoning and outcome, particularly regarding the application of Branti v. Finkel and the burden of proof for political affiliation in public office.
• Joseph Darlak, M.D. v. Bobear
  814 F.2d 1055· 5th Cir.· 1987-04-20 ·cited 24×
  The court held that the Eleventh Amendment barred suits against state entities DHHR and Charity, and that Dr. Darlak received sufficient due process regarding his suspension from hospital privileges.
• Simonne Elwood and Cheryl A. Pimental v. Pina
  815 F.2d 173· 1st Cir.· 1987-03-31 ·cited 24×
  The court held that the district court did not err in its jury instructions regarding political association rights and the 'but for' causation standard, and that any error in instructing on the state civil rights claim was harmless.
• Garza v. City OF Omaha
  814 F.2d 553· 8th Cir.· 1987-03-25 ·cited 24×
  The court held that a jury's finding of discriminatory custom under § 1983 collaterally estops the district court from making inconsistent findings on a simultaneously tried Title VII claim. The court also reversed the setting aside of punitive damages.
• Curtis Ambulance OF Fla., Inc. v. Bd. OF Cnty. Comm'rs OF the Cnty. OF Shawnee
  811 F.2d 1371· 10th Cir.· 1987-02-18 ·cited 24×
  The court held that ambulance services constitute professional services, exempting the contract award from competitive bidding requirements, and thus the plaintiff had no constitutionally protected property interest.
• Jones v. Preuit & Mauldin
  808 F.2d 1435· 11th Cir.· 1987-02-02 ·cited 24×
  The court held that the seizure of property without notice under Alabama's attachment statute, which was an established state procedure, did not fall under the Parratt v. Taylor exception, and that private defendants could assert qualified immunity but failed to prove they acted
• Brown v. Frey
  807 F.2d 1407· 8th Cir.· 1986-12-24 ·cited 24×
  The court held that the adjustment board provided a constitutionally adequate written statement of evidence and reasons, and that the decision was supported by 'some evidence' in the record, thus satisfying due process requirements.
• Bd. OF Educ. OF the E. Windsor Reg'l Sch. Dist. v. Diamond
  808 F.2d 987· 3d Cir.· 1986-12-19 ·cited 24×
  The court held that the School District must fund the child's residential placement and reimburse past expenses, and that recent federal legislation allows for claims of attorneys' fees and compensatory damages for violations of the Education of the Handicapped Act.
• Carras v. Williams
  807 F.2d 1286· 6th Cir.· 1986-12-15 ·cited 24×
  The court held that the district court erred in abstaining from claims for injunctive relief and damages unrelated to the state court action, and also erred in abstaining from damage claims arising from the state court action because the state's interest in administering its judi
• Worldwide Church OF GOD v. McNAIR
  805 F.2d 888· 9th Cir.· 1986-12-05 ·cited 24×
  The district court lacked subject matter jurisdiction because the plaintiffs' claims were inextricably intertwined with the state court's judgment, requiring review of that decision.
• Mrs. Tobie Brantley v. M.F. Surles
  804 F.2d 321· 5th Cir.· 1986-11-17 ·cited 24×
  The court affirmed the district court's awards for backpay and attorney's fees, finding no clear error or abuse of discretion in the calculations or application of legal standards.
• Bunch v. Nat Bullard
  795 F.2d 384· 5th Cir.· 1986-07-21 ·cited 24×
  The court held that the district court erred by improperly placing the burden on plaintiffs to prove the job-relatedness of discriminatory employment tests, and that the city failed to meet its burden of proving the tests' validity.
• N. Miss. Commc'ns, Inc. v. Jones
  792 F.2d 1330· 5th Cir.· 1986-06-27 ·cited 24×
  The court held that the record supported the dismissal of antitrust claims but that factual findings on the civil rights claim were insufficient, requiring remand.
• Griffin v. Bd. OF Regents OF Regency Univs.
  795 F.2d 1281· 7th Cir.· 1986-06-18 ·cited 24×
  The court affirmed the district court's judgment, finding no discrimination under Title VII, the Equal Pay Act, or §§ 1983 and 1985, and that the university's dual classification system was not inherently illegal.
• Davidson v. Clement B. Capuano
  792 F.2d 275· 2d Cir.· 1986-05-29 ·cited 24×
  A prior state court Article 78 proceeding does not bar a subsequent federal civil rights claim for damages if the state court lacked the power to award such damages.
• Henderson v. Lopez
  790 F.2d 44· 7th Cir.· 1986-05-05 ·cited 24×
  An Assistant State's Attorney is entitled to absolute immunity when performing quasi-judicial functions, such as advising county officials on legal matters.
• Brewster v. Barnes
  788 F.2d 985· 4th Cir.· 1986-04-10 ·cited 24×
  The court held that Brewster was an employee under the Equal Pay Act and that the defendants failed to prove the wage differential was due to a factor other than sex, entitling her to recover. The court reversed the § 1983 due process claim based on Supreme Court precedent.
• Batterton v. The Tex. Gen. Land Off.
  783 F.2d 1220· 5th Cir.· 1986-03-03 ·cited 24×
  The court held that the employees did not possess a constitutionally protected property interest in their jobs under Texas law and failed to present sufficient evidence to support their First Amendment claim, thus affirming the grant of summary judgment.
• O'Connor v. Peru State Coll.
  781 F.2d 632· 8th Cir.· 1986-01-02 ·cited 24×
  The court affirmed the dismissal of the plaintiff's claims, finding no clear error in the district court's factual determinations regarding discrimination, retaliation, and Title IX funding.
• Duncan v. Poythress
  777 F.2d 1508· 11th Cir.· 1985-12-12 ·cited 24×
  The court held that a pro se litigant who is an attorney cannot recover attorney's fees under 42 U.S.C.A. § 1988 because the term 'attorney' implies representation of another party.
• Roberts v. VAN Buren Pub. Schs.
  773 F.2d 949· 8th Cir.· 1985-09-11 ·cited 24×
  The court held that the teachers' grievances regarding internal school matters were not protected speech, but union activities could be. The court vacated and remanded Roberts' claim regarding union activities due to jury instruction errors, while affirming other judgments.
• Hicks v. Feeney
  770 F.2d 375· 3d Cir.· 1985-08-26 ·cited 24×
  The court held that the district court erred in applying the Parratt post-deprivation remedy exception and vacated the grant of qualified immunity, remanding for reconsideration in light of Mitchell v. Forsyth.
• Raysor v. Port Auth. OF NEW York & NEW Jersey
  768 F.2d 34· 2d Cir.· 1985-07-15 ·cited 24×
  The court held that the jury's verdict was inconsistent and damages inadequate, requiring a new trial on some claims. It also reversed the dismissal of state tort claims against Officer Simpson and the Port Authority.
• Crane v. State OF Tex.
  759 F.2d 412· 5th Cir.· 1985-05-02 ·cited 24×
  The Eleventh Amendment does not grant immunity to counties, and Texas counties are not unique entities that should be excepted from this rule. Therefore, Dallas County is subject to suit in federal court.
• Creamer v. Officer Lewis Porter
  754 F.2d 1311· 5th Cir.· 1985-03-15 ·cited 24×
  The court held that punitive damages under section 1983 require a showing of willful misconduct or conscious indifference to the rights of others, not merely gross negligence.
• Findeisen v. N. E. Indep. Sch. Dist.
  749 F.2d 234· 5th Cir.· 1984-12-26 ·cited 24×
  The court concurred that the record did not entirely exclude the possibility of bad faith termination, which could entitle the plaintiff to relief under section 1983.
• P.E. Bazemore v. Friday
  751 F.2d 662· 4th Cir.· 1984-12-10 ·cited 24×
  The court affirmed the district court's judgment, finding no error in the denial of class certification or the rejection of individual discrimination claims.
• Limerick v. Greenwald
  749 F.2d 97· 1st Cir.· 1984-12-03 ·cited 24×
  The court affirmed the district court's judgments, finding post-judgment motions untimely and the stigmatization claim without merit due to available state procedures. Sanctions were imposed against counsel.
• LEE v. W. Reserve Psychiatric Habilitation Ctr. & David A. Sorensen
  747 F.2d 1062· 6th Cir.· 1984-11-06 ·cited 24×
  The court held that the plaintiff received sufficient pre-termination process to satisfy due process, and that the district court properly dismissed the complaint.
• Virgil L. Hayden, M.D. v. Calvin Bracy, M.D.
  744 F.2d 1338· 8th Cir.· 1984-09-27 ·cited 24×
  The court held that a private hospital's disciplinary actions do not constitute state action for § 1983 claims and that the plaintiff failed to sufficiently allege an effect on interstate commerce for Sherman Act claims. The court also affirmed the dismissal of defamation and con
• Horsey v. Asher
  741 F.2d 209· 8th Cir.· 1984-08-23 ·cited 24×
  A complaint that states a claim upon which relief can be granted under Fed.R.Civ.P. 12(b)(6) cannot be dismissed as frivolous under 28 U.S.C. § 1915(d) simply because the plaintiff is a prisoner proceeding in forma pauperis.
• Sher v. Coughlin
  739 F.2d 77· 2d Cir.· 1984-07-11 ·cited 24×
  A prisoner's transfer between facilities or placement in restrictive confinement for administrative reasons, even if motivated in part by punitive intent, does not violate constitutional rights if the administrative reasons alone would have justified the action.
• Students OF Cal. Sch. FOR THE Blind v. Honig
  736 F.2d 538· 9th Cir.· 1984-06-29 ·cited 24×
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction requiring seismic safety tests or closure of the school, as the students raised serious legal questions under federal law and the balance of hardships tipped sharply in their f
• Scott v. City OF Sioux City
  736 F.2d 1207· 8th Cir.· 1984-06-08 ·cited 24×
  The court held that the city's zoning ordinances enacted to further urban renewal goals were protected by state action immunity from federal antitrust claims, and that the constitutional claims were meritless.
• Nanette Archer v. Dutcher
  733 F.2d 14· 2d Cir.· 1984-04-17 ·cited 24×
  The court held that the appellant's affidavit raised genuine issues of material fact regarding deliberate indifference to her serious medical needs, precluding summary judgment.
• Bellamy v. Bradley
  729 F.2d 416· 6th Cir.· 1984-03-09 ·cited 24×
  The court held that the evidence presented was insufficient to establish a violation of the plaintiff's constitutional rights under the Eighth or Sixth Amendments, thus affirming the directed verdict.
• Crayton E. McELVEEN, Jr. v. Cnty. OF Prince William
  725 F.2d 954· 4th Cir.· 1984-01-26 ·cited 24×
  The court held that the good-faith immunity standard for government officials includes both subjective and objective elements, and that the jury's award of compensatory damages was supported by substantial evidence.
• McGEE v. Hester
  724 F.2d 89· 8th Cir.· 1983-12-30 ·cited 24×
• Henry T. Dart and the Libertarian Party of Louisiana v. Brown
  717 F.2d 1491· 5th Cir.· 1983-10-24 ·cited 24×
  The court held that Louisiana's election code provisions, which restrict the notation of a candidate's affiliation with an unrecognized political party on the ballot, do not violate the First and Fourteenth Amendments.
• Leeanne Wright v. The City OF Ozark
  715 F.2d 1513· 11th Cir.· 1983-09-26 ·cited 24×
  The court held that the due process clause does not impose liability on state officers for failing to protect a member of the public from the criminal acts of a third person, absent a special relationship.
• Ohio Contractors Ass'n v. Keip
  713 F.2d 167· 6th Cir.· 1983-07-12 ·cited 24×
  The dissenting judge would affirm the district court's judgment because Ohio's Minority Business Enterprise Act is constitutionally flawed due to its lack of durational limitations.
• Casey v. Carmine Depetrillo
  697 F.2d 22· 1st Cir.· 1983-01-10 ·cited 24×
  A mere breach of a contractual right by a state actor does not constitute a deprivation of property without due process of law under the Fourteenth Amendment.
• Pazie Connors v. Patrolman Joseph McNULTY
  697 F.2d 18· 1st Cir.· 1983-01-07 ·cited 24×
  The court held that while the jury instructions on the good faith defense were erroneous, the error was not prejudicial because the jury's finding of no liability under state law meant the good faith defense was never reached.
• White v. S. Park Indep. Sch. Dist.
  693 F.2d 1163· 5th Cir.· 1982-12-20 ·cited 24×
  The court held that the plaintiff's due process and First Amendment claims were without merit, but reversed the award of attorney fees to the defendants due to the lack of specific findings supporting the claim that the suit was frivolous.
• Peters v. Lieuallen
  693 F.2d 966· 9th Cir.· 1982-12-03 ·cited 24×
  The court held that the district court misinterpreted Title VII by requiring discriminatory intent for all claims and erred in dismissing prospective relief claims against the Chancellor under §§ 1981 and 1983.
• Jones v. W.J. Estelle, Jr.
  692 F.2d 380· 5th Cir.· 1982-11-29 ·cited 24×
  The court held that a petitioner must be given specific notice of a potential summary judgment and an opportunity to respond with factual support, but that the magistrate's show cause order satisfied these requirements in this case.
• Moorish Sci. Temple OF Am., Inc. v. Smith
  693 F.2d 987· 2d Cir.· 1982-11-26 ·cited 24×
  The court held that while some of petitioner's claims were unexhausted habeas corpus claims, his claims regarding denial of a Muslim diet and segregation without a hearing were cognizable under 42 U.S.C. § 1983 and should not have been dismissed sua sponte.
• Maudotha R. White v. Wash. Pub. Power Supply Sys.
  692 F.2d 1286· 9th Cir.· 1982-11-23 ·cited 24×
  The court held that the trial court erred in allocating the burden of proof in a Title VII disparate treatment case and in awarding punitive damages under certain statutes, requiring reversal and remand for a new trial.