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

• Roberts v. La. Downs, Inc.
  742 F.2d 221· 5th Cir.· 1984-09-24 ·cited 22×
  The court held that the participation of the racing secretary, an official whose duties are intertwined with state regulation and supervision, in the decision to deny stall space created a sufficient nexus to the state to constitute state action under 42 U.S.C. § 1983.
• Jeff D. v. Evans
  743 F.2d 648· 9th Cir.· 1984-09-20 ·cited 22×
  A district court cannot accept a stipulated waiver of attorney's fees in a class action settlement simply because the parties agreed to it; the court must independently determine the reasonableness of the fees.
• Ford v. W.J. Estelle, Jr.
  740 F.2d 374· 5th Cir.· 1984-09-04 ·cited 22×
  The Magistrates Act does not authorize a district court to refer a prisoner's civil rights action to a United States magistrate for a jury trial without the parties' consent.
• Lentsch v. Marshall
  741 F.2d 301· 10th Cir.· 1984-08-13 ·cited 22×
  The court held that the plaintiff had a property interest in her job, but not a liberty interest, and that the defendants failed to provide adequate notice of the reasons for her discharge. The court also found the mayor immune for his testimony before a civil service commission.
• Garaux v. Pulley
  739 F.2d 437· 9th Cir.· 1984-08-01 ·cited 22×
  The court held that a district court must strictly adhere to the notice requirements of Rule 56(c) when converting a motion to dismiss under Rule 12(b)(6) into a motion for summary judgment if the non-moving party is appearing pro se.
• Davidson v. Keenan
  740 F.2d 129· 2d Cir.· 1984-07-18 ·cited 22×
  The court held that the standard for awarding attorney's fees to prevailing defendants under 42 U.S.C. § 1988 requires objective bad faith by the plaintiff.
• Hahn v. McLEY
  737 F.2d 771· 8th Cir.· 1984-06-29 ·cited 22×
  The court held that the district court's finding of personal liability for supervisors was clearly erroneous, as there was no evidence of their direct involvement or deliberate indifference to the prisoner's medical needs.
• Brockell v. Norton
  732 F.2d 664· 8th Cir.· 1984-04-25 ·cited 22×
  The court held that the employee's report of suspected misconduct, despite partially breaching the chain of command, was protected by the First Amendment, and his discharge violated his rights.
• Burney v. Polk Cmty. Coll.
  728 F.2d 1374· 11th Cir.· 1984-03-30 ·cited 22×
  A tenured guidance counselor at Polk Community College challenged his dismissal on grounds of racial discrimination under Title VII and retaliation for First Amendment exercise under 42 U.S.C. § 1983. The Eleventh Circuit affirmed summary judgment on the Title VII claim under the
• In re Romulus Cmty. Schs. v. Romulus Cmty. Schs.
  729 F.2d 431· 6th Cir.· 1984-03-07 ·cited 22×
  A district court has the discretion to remand pendent state law claims to state court after the federal basis for removal jurisdiction has been eliminated, even if the remand is not based on a specific statutory ground for remand.
• Parenti v. Ponte
  727 F.2d 21· 1st Cir.· 1984-02-08 ·cited 22×
  The court held that the inmate's transfer to a departmental segregation unit did not violate due process, as the Classification Board's role was advisory and the Commissioner retained ultimate discretion.
• Hart v. Dudley Walker
  720 F.2d 1436· 5th Cir.· 1983-12-16 ·cited 22×
  The court held that the defendant's actions constituted false arrest, assault, and deprivation of property rights, and that he was not entitled to qualified immunity.
• Haygood v. Evelle J. Younger
  718 F.2d 1472· 9th Cir.· 1983-10-25 ·cited 22×
  Post-deprivation processes can satisfy the Fourteenth Amendment's due process requirement for liberty interests, and detention beyond a lawful term is not automatically cruel and unusual punishment under the Eighth Amendment.
• Simons v. Anne M. Gorsuch
  715 F.2d 1248· 7th Cir.· 1983-08-30 ·cited 22×
  The court held that an Environmental Impact Statement (EIS) was not required as a matter of law for the federally funded sewage treatment facility, and that the appellants were not entitled to special notice of the public hearing based on their property's distance from the site.
• Ind. Planned Parenthood Affiliates Ass'n, Inc. v. Linley E. Pearson
  716 F.2d 1127· 7th Cir.· 1983-08-26 ·cited 22×
  The concurring opinion expresses reservations about the scope of a statute requiring parental notification for a minor's abortion, suggesting it might be overly broad.
• Espino v. Besteiro
  708 F.2d 1002· 5th Cir.· 1983-07-05 ·cited 22×
  The court held that a district court abused its discretion by denying attorney's fees under 42 U.S.C. § 1988 based on the defendant's good faith, as good faith is not a special circumstance justifying denial. The court also held that a plaintiff who prevails on a non-fee-generati
• Randall v. Lukhard
  709 F.2d 257· 4th Cir.· 1983-06-08 ·cited 22×
  The dissenting judge would reverse the district court's ruling that Virginia's transfer of assets provision was invalid prior to the Boren-Long Amendment, and would affirm the district court's ruling on the amended plan.
• Danzl v. N. ST. Paul-Maplewood-Oakdale Indep. Sch. Dist. NO. 622
  706 F.2d 813· 8th Cir.· 1983-05-04 ·cited 22×
  Title VII does not obligate employers to give preferential treatment to minority or female candidates when equally qualified candidates exist.
• McBEE v. JIM Hogg Cnty.
  703 F.2d 834· 5th Cir.· 1983-04-25 ·cited 22×
  The court held that in a small county sheriff's office, deputies and dispatchers may fall within the Elrod-Branti exception, allowing dismissal based on political affiliation due to the need for loyalty and confidence. The court also found the district court's factual findings re
• Larsen v. Allyn R. Sielaff and Thomas R. Israel
  702 F.2d 116· 7th Cir.· 1983-03-15 ·cited 22×
  A prisoner's civil rights suit that results in a consent decree granting relief only available in habeas corpus is functionally a habeas corpus proceeding, and thus attorney's fees under 42 U.S.C. § 1988 are not available.
• Morris v. Wash. Metro. Area Transit Auth.
  702 F.2d 1037· D.C. Cir.· 1983-03-08 ·cited 22×
  The court held that the trial judge erred in excluding evidence of the employer's retaliatory actions against the plaintiff and other employees, requiring a new trial.
• Cook v. Weber
  698 F.2d 907· 7th Cir.· 1983-02-03 ·cited 22×
  A district court's dismissal without prejudice of pendent state law claims, after dismissing federal claims, is a final appealable order, not a non-appealable remand.
• Gerena v. Puerto RICO Legal Servs., Inc.
  697 F.2d 447· 1st Cir.· 1983-01-07 ·cited 22×
  The court held that the plaintiff failed to demonstrate that the actions of Puerto Rico Legal Services, Inc. (PRLS) could be attributed to the federal or state government, thus his due process claims failed.
• Wolfel v. Sanborn
  691 F.2d 270· 6th Cir.· 1982-10-20 ·cited 22×
• Hurie Jones v. Orleans Parish Sch. Bd.
  688 F.2d 342· 5th Cir.· 1982-10-04 ·cited 22×
  The court held that the plaintiff's Section 1983 due process claim is barred by Louisiana's one-year prescriptive period, as it is considered a tort.
• Rosewitz v. Patience Latting
  689 F.2d 175· 10th Cir.· 1982-09-27 ·cited 22×
  The court held that the city's grievance procedure, which denied an employee the right to an attorney, confrontation, and cross-examination, did not violate procedural due process, but the denial of the defendant's motion for attorney's fees without a hearing was an error.
• Buian v. Baughard
  687 F.2d 859· 6th Cir.· 1982-09-07 ·cited 22×
  Attorney's fees under 42 U.S.C.A. § 1988 are part of costs and can only be awarded for services at a court level where the party has also been awarded costs.
• Rhea Dopico v. Goldschmidt
  687 F.2d 644· 2d Cir.· 1982-09-02 ·cited 22×
  The court affirmed the district court's dismissal of claims against local defendants but reversed the dismissal of claims against federal defendants.
• United States ex rel. Monty Powell v. Irving
  684 F.2d 494· 7th Cir.· 1982-07-19 ·cited 22×
  State parole board officials are absolutely immune from 42 U.S.C. § 1983 damage actions for their official activities in processing parole applications.
• Rheaume v. The Tex. Dep't OF Pub. Safety
  666 F.2d 925· 5th Cir.· 1982-02-01 ·cited 22×
  The court held that the directed verdict on the constitutional claim should be affirmed due to qualified immunity, but the directed verdict on the state law false imprisonment claim was improper and should be remanded.
• Olgin v. Darnell
  664 F.2d 107· 5th Cir.· 1981-12-18 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that the pretrial detainee's confinement and restrictions, including temporary removal of clothing, did not constitute punishment and were rationally related to legitimate governmental objectives, thus not violating due process.
• KIM v. Coppin State Coll.
  662 F.2d 1055· 4th Cir.· 1981-10-26 ·cited 22×
  The court held that the district court erred in granting a directed verdict on the compensation issue, particularly concerning the First Amendment claim, and remanded for a new trial on that issue, while affirming the directed verdict on promotion and working conditions.
• Montana v. Comm'rs Court
  659 F.2d 19· 5th Cir.· 1981-09-15 ·cited 22×
  The district court's sua sponte dismissal of all of the inmate's claims was improper, as several claims stated potentially valid constitutional issues that required further proceedings.
• Littlefield v. Deland
  641 F.2d 729· 10th Cir.· 1981-05-12 ·cited 22×
  The court held that confining a pretrial detainee in extreme conditions for an excessive period constitutes punishment, violating due process rights.
• Parkhurst v. State OF Wyo.
  641 F.2d 775· 10th Cir.· 1981-05-11 ·cited 22×
  The court held that claims for release or injunctive relief are cognizable only in habeas corpus and require exhaustion of state remedies, but a claim for money damages under § 1983 may proceed if it does not interfere with ongoing state criminal proceedings.
• LEE v. Downs
  641 F.2d 1117· 4th Cir.· 1981-03-05 ·cited 22×
• Eddy James Candelaria v. Griffin
  641 F.2d 868· 10th Cir.· 1981-03-03 ·cited 22×
  The court held that the plaintiff's claims regarding the denial of parole procedures, including the lack of a psychiatric report and reasons for denial, do not establish a constitutional liberty interest under New Mexico law. However, the equal protection claim based on race was
• Phillips v. Carey
  638 F.2d 207· 10th Cir.· 1981-01-06 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that while restrictions on filing future actions are permissible in extreme cases, the record was deficient to demonstrate their proper application, requiring remand.
• Margarette Curtis v. Taylor
  648 F.2d 946· 5th Cir.· 1980-12-19 ·cited 22×
  The court held that the failure to exhaust administrative remedies is excused when the available administrative procedures cannot provide the relief sought, particularly for constitutional and federal statutory claims.
• David Haywood in behalf of himself & others similarly situated v. Ball
  634 F.2d 740· 4th Cir.· 1980-11-13 ·cited 22×
  The court held that collateral estoppel did not bar punitive damages because the issues in the two trials were not identical, and affirmed the denial of attorney fees because the plaintiff did not prevail on his federal claim.
• Swilley v. Alexander
  629 F.2d 1018· 5th Cir.· 1980-11-03 ·cited 22×
  The court held that the district court erred in dismissing the teacher's claims, as his speech on matters of public concern was protected under the First Amendment and his due process rights were violated.
• Hernandez v. City OF LOS Angeles
  624 F.2d 935· 9th Cir.· 1980-08-06 ·cited 22×
  The court held that the jury's verdict in the prior criminal proceeding did not necessarily determine that the officers used only reasonable force, thus collateral estoppel was improperly applied.
• de Tore v. Local # 245 OF the Jersey City Pub. Emps. Union
  615 F.2d 980· 3d Cir.· 1980-02-28 ·cited 22×
  The court affirmed summary judgment for the Secretary of Labor, finding no basis for liability, but vacated the summary judgment for city defendants and remanded for clarification of the lower court's reasoning on remaining claims.
• Geromette v. Gen. Motors Corp.
  609 F.2d 1200· 6th Cir.· 1979-12-03 ·cited 22×
  The court held that the plaintiff's Title VII claim was time-barred because neither the Michigan Civil Rights Commission nor the EEOC received a charge within the applicable statutory periods.
• Reynaldo Tongol v. Usery
  601 F.2d 1091· 9th Cir.· 1979-08-06 ·cited 22×
  The court held that the federal regulation prohibiting states from waiving recoupment of overpayments was invalid as exceeding the Secretary's statutory authority and conflicting with congressional intent to apply state law. The court also held that plaintiffs stated a claim unde
• Butler v. Goldblatt Bros., Inc.
  589 F.2d 323· 7th Cir.· 1978-12-29 ·cited 22×
  The court held that police officers lacked probable cause for warrantless arrests, making the good faith defense unavailable under § 1983, and that Goldblatt's mere provision of information to police did not constitute actionable participation in the arrests under either federal
• Musso v. Raffaele Suriano
  586 F.2d 59· 7th Cir.· 1978-11-02 ·cited 22×
  The court held that allegations of substantial state and federal funding and general regulation, without more, are insufficient to establish that a private entity acted "under color of state law" for purposes of a 42 U.S.C. § 1983 claim.
• McKNIGHT v. Se. Pa. Transp. Auth.
  583 F.2d 1229· 3d Cir.· 1978-09-29 ·cited 22×
  The court held that the district court erred in dismissing the plaintiff's claim regarding a deprivation of his liberty interest, as the alleged stigmatizing charge of intoxication could be a factual question for trial. The court also vacated the dismissal of the property interes
• Fulton v. Isadore Hecht
  580 F.2d 1243· 5th Cir.· 1978-09-28 ·cited 22×·via Violation Of 42 U.S.C. § 1983
  A dog track's refusal to renew a booking contract, absent a purpose to create or maintain a monopoly, is not a violation of antitrust laws, and a party cannot claim tortious interference with administrative proceedings when the harm is to the state, not the individual.
• Mrs. Marie Green v. Carlson
  581 F.2d 669· 7th Cir.· 1978-08-03 ·cited 22×
  A claim against federal officials for damages based on alleged constitutional violations resulting in death survives for the benefit of the decedent's estate, and is governed by federal common law, not state survival statutes.