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

• Sterling v. Vill. OF Maywood
  579 F.2d 1350· 7th Cir.· 1978-07-07 ·cited 22×
  The court held that the facts of the case do not rise to the level of a constitutional question, and the complaint should be dismissed.
• Federico F. Martinez v. Palemon Chavez
  574 F.2d 1043· 10th Cir.· 1978-04-26 ·cited 22×
  The court held that the district court properly dismissed the plaintiff's civil rights action as frivolous, both as to the claims against immune state officials and as to the claim against the sheriff for cruel and unusual punishment.
• Beulah Chase v. McMASTERS
  573 F.2d 1011· 8th Cir.· 1978-04-05 ·cited 22×
  The court held that a city's refusal to provide water and sewer services to tax-exempt Indian trust land, solely because of its tax-exempt status, impairs a federal right and states a claim under 42 U.S.C. § 1983, but the city officials are immune from damages due to qualified im
• Moreland v. W. Pa. Interscholastic Athletic League & Pa. Interscholastic Athletic Ass'n & Sch. Dist. of the Borough of Aliquippa
  572 F.2d 121· 3d Cir.· 1978-02-27 ·cited 22×
  The court held that the PIAA's suspension of Aliquippa High School's basketball team from post-season play, due to prior rule violations, was rationally related to legitimate athletic league purposes and did not violate equal protection. However, the district court improperly dis
• Allen P. Schlein, M.D. v. The Milford Hosp., Inc.
  561 F.2d 427· 2d Cir.· 1977-08-25 ·cited 22×
  The court held that the hospital's denial of staff privileges did not constitute state action, and therefore the district court lacked jurisdiction under 42 U.S.C. § 1983.
• Bouse v. Bussey
  573 F.2d 548· 9th Cir.· 1977-07-21 ·cited 22×
  The court held that the forcible seizure of a pubic hair sample from a pretrial detainee without a warrant constituted an unreasonable search and seizure under the Fourth and Fourteenth Amendments.
• Rodriguez v. Jimenez
  551 F.2d 877· 1st Cir.· 1977-03-23 ·cited 22×
  The court held that the award of attorneys' fees to the prevailing party in a Section 1983 action is proper under the Civil Rights Attorneys’ Fees Awards Act of 1976, even for cases pending on appeal.
• State of N.J. v. Chesimard
  555 F.2d 63· 3d Cir.· 1977-03-09 ·cited 22×
  The dissenting judge would find that federal intervention is permissible, either because the relief sought is collateral to the state criminal proceeding under Gerstein v. Pugh, or because exceptional circumstances warrant intervention under Younger v. Harris.
• Familias Unidas v. Dolph Briscoe
  544 F.2d 182· 5th Cir.· 1976-12-16 ·cited 22×
  The court held that while the withdrawal of the state's request for information mooted the need for injunctive relief, the underlying controversy regarding the constitutionality of the statute's past application remained justiciable for declaratory judgment. The court also found
• Scharfenberger v. Wingo
  542 F.2d 328· 6th Cir.· 1976-09-23 ·cited 22×
  The court held that the district court erred in granting judgment n.o.v. because the jury could reasonably have concluded that prison officials disregarded medical advice and that timely treatment might have saved a greater portion of the plaintiff's arm.
• Mitchell v. King
  537 F.2d 385· 10th Cir.· 1976-06-22 ·cited 22×
  The court's holding is not explicitly stated as this is a concurring opinion focusing on reasoning.
• Grandco Corp. v. Rochford
  536 F.2d 197· 7th Cir.· 1976-06-08 ·cited 22×
  The court held that pending state proceedings against Grandco and Wabash Books barred federal relief under the Younger doctrine, but administrative proceedings against Festival Theatre did not. The ordinance was facially unconstitutional as applied to motion picture theaters.
• Carpenter v. State OF S.D.
  536 F.2d 759· 8th Cir.· 1976-06-03 ·cited 22×
  The court should reverse and remand for an inquiry into the prison censorship board's judgment that the material is detrimental to rehabilitation and that total censorship is the least restrictive means.
• Lewis v. D. C. Dep't of Corr.
  533 F.2d 710· D.C. Cir.· 1976-04-08 ·cited 22×
  The district court erred in dismissing pro se petitions for lack of jurisdiction, as the allegations were sufficient to state a colorable claim for constitutional tort.
• Mendez v. Hon. Louis B. Heller
  530 F.2d 457· 2d Cir.· 1976-02-10 ·cited 22×
  The court dismissed the case for lack of ripeness, finding that federal jurisdiction had not yet attached because the appellants had not filed a divorce complaint in state court.
• Carter v. Hardy
  526 F.2d 314· 5th Cir.· 1976-01-23 ·cited 22×
  The court held that a federal court cannot order the expungement of state convictions that have fully served their sentences and are not used for sentence enhancement.
• Charles J. Wolfer and wife v. Raymond C. Thaler & the City of Brenham
  525 F.2d 977· 5th Cir.· 1976-01-07 ·cited 22×
  The court held that declaratory relief was unavailable because there was no actual controversy, as the statute in question had been replaced and the officer was absolved from liability.
• Lilly Mae Onie Lee Whitelaw Hilliard v. Williams
  516 F.2d 1344· 6th Cir.· 1975-05-28 ·cited 22×
  The court held that the defendants' actions in withholding exculpatory evidence and presenting misleading testimony deprived the plaintiff of her constitutional right to a fair trial, and that these actions were a proximate cause of her conviction and imprisonment.
• Thomas v. Warden Frank J. Pate
  516 F.2d 889· 7th Cir.· 1975-03-25 ·cited 22×
• Warren v. Norman Realty Co.
  513 F.2d 730· 8th Cir.· 1975-03-21 ·cited 22×
  The court held that the 180-day limitations period of the Fair Housing Act does not apply to actions brought under 42 U.S.C. § 1982. However, the court applied the 180-day limitations period from Nebraska's housing discrimination statute to the federal claim.
• Riddell v. The Nat'l Democratic Party
  508 F.2d 770· 5th Cir.· 1975-02-21 ·cited 22×
  The court held that Mississippi's statute granting exclusive rights to a political party name is unconstitutional as it unduly burdens the right to free association.
• Keckeisen v. Indep. Sch. Dist. 612
  509 F.2d 1062· 8th Cir.· 1975-02-10 ·cited 22×
  A school board's policy prohibiting the employment of married couples in an administrator-teacher relationship is permissible under constitutional standards, as it serves a legitimate state interest in preventing conflicts of interest and maintaining faculty morale.
• Lynward James Daye, Jr. v. Bounds
  509 F.2d 66· 4th Cir.· 1975-01-16 ·cited 22×
  The court affirmed the district court's dismissal of the action as frivolous, finding that the plaintiff's allegations lacked merit and constituted an abuse of process.
• Wright v. The City OF Jackson
  506 F.2d 900· 5th Cir.· 1975-01-15 ·cited 22×
  A municipal ordinance requiring city employees to reside within city limits does not infringe a fundamental constitutional right to travel and is therefore constitutional under the rational basis test.
• Grant v. Hogan
  505 F.2d 1220· 3d Cir.· 1974-11-20 ·cited 22×
  A federal prisoner must first pursue remedies under the Interstate Agreement on Detainers before seeking relief from a state detainer in federal court.
• Freeman v. Lockhart
  503 F.2d 1016· 8th Cir.· 1974-10-09 ·cited 22×
  A prisoner's complaint alleging deliberate indifference to essential medical treatment, even if inartfully drawn, may state a claim under 42 U.S.C. § 1983.
• Davis v. Weir
  497 F.2d 139· 5th Cir.· 1974-07-18 ·cited 22×
  The court held that refusing water service to new applicants based on a third party's unpaid water bill violates the Equal Protection Clause of the Fourteenth Amendment, but modified the class definition to be more specific.
• Newkirk v. Butler
  499 F.2d 1214· 2d Cir.· 1974-06-03 ·cited 22×
  A prisoner transferred from a minimum-security facility to a maximum-security facility, suffering substantial deprivations of privileges and opportunities, is entitled to rudimentary due process, including notice and an opportunity to be heard, even if the transfer is not part of
• 414 Theater Corp. v. Murphy
  499 F.2d 1155· 2d Cir.· 1974-05-17 ·cited 22×
• Junior Chamber OF Commerce OF Rochester, Inc. v. The United States Jaycees
  495 F.2d 883· 10th Cir.· 1974-04-16 ·cited 22×
  The court held that the United States Jaycees' discriminatory membership policies, despite receiving federal funds and tax exemptions, do not constitute state or federal action sufficient to violate constitutional rights or civil rights statutes.
• Alderman v. The Philadelphia Hous. Auth.
  496 F.2d 164· 3d Cir.· 1974-04-16 ·cited 22×
  A prior restraint on all discussion of political matters by public employees is an impermissible infringement of First Amendment rights, even if justified by an interest in impartiality.
• Ellingburg v. King
  490 F.2d 1270· 8th Cir.· 1974-01-22 ·cited 22×
  The court held that broad and conclusory statements unsupported by factual allegations are insufficient to state a claim under 42 U.S.C. § 1983, and the allegations did not rise to constitutional dignity.
• Jennings v. Patterson
  488 F.2d 436· 5th Cir.· 1974-01-17 ·cited 22×
  The court held that the district court erred in setting aside the jury's findings of prescription and dedication, and that the city's failure to remove the barricade constituted state action under Section 1983.
• Gaffney v. Silk
  488 F.2d 1248· 1st Cir.· 1973-12-27 ·cited 22×
  The court held that the district court abused its discretion by denying the plaintiffs' motion to amend their complaint, as the amended complaint sufficiently stated a cause of action under 42 U.S.C. § 1983.
• Aurora Educ. Ass'n E. v. Bd. OF Educ. OF Aurora Pub. Sch. Dist. NO. 131 OF Kane Cnty.
  490 F.2d 431· 7th Cir.· 1973-12-20 ·cited 22×
  A school board policy that disqualifies a teachers' union as a bargaining representative for asserting the right to strike is unconstitutional as applied, violating the First Amendment's free speech guarantees incorporated by the Fourteenth Amendment.
• Rios v. Cessna Fin. Corp.
  488 F.2d 25· 10th Cir.· 1973-12-06 ·cited 22×
  The court held that a conversion claim was barred by res judicata and that a § 1983 claim for deprivation of property rights was not actionable when the defendant acted in good faith compliance with a statute later declared unconstitutional.
• Brown v. Allyn R. Sielaff
  474 F.2d 826· 3d Cir.· 1973-02-23 ·cited 22×
  The court held that the prisoner's allegations against the Commissioner of Correction were not sufficiently precise to state a constitutional deprivation.
• Rivera v. The Honorable Marvin A. Freeman
  469 F.2d 1159· 9th Cir.· 1972-11-17 ·cited 22×
  The court held that federal courts should abstain from deciding the constitutionality of state juvenile detention statutes when state courts have not definitively ruled on the issue and there is no showing of state court inadequacy, due to principles of comity and federalism.
• Essex RAY v. Fritz
  468 F.2d 586· 2d Cir.· 1972-10-19 ·cited 22×
  A federal court must hear a prisoner's § 1983 suit if no adequate state administrative or judicial remedy exists.
• Harnett v. Ulett
  466 F.2d 113· 8th Cir.· 1972-08-22 ·cited 22×
  The court held that a probationary public employee, absent contractual or statutory tenure, has no due process right to a pre-termination hearing unless the discharge imposes a stigma that forecloses future employment or directly infringes on free speech interests. The court also
• The Oneida Indian Nation OF NEW York State v. The Cnty. OF Oneida
  464 F.2d 916· 2d Cir.· 1972-07-12 ·cited 22×
  The court should interpret "arising under" jurisdiction broadly for Indian tribes under 28 U.S.C. § 1362, allowing federal court adjudication of treaty-based claims.
• Collin v. Chicago Park Dist.
  460 F.2d 746· 7th Cir.· 1972-04-27 ·cited 22×
• Ries v. Lynskey
  452 F.2d 172· 7th Cir.· 1971-09-03 ·cited 22×
  The court held that municipalities are not liable under 42 U.S.C. §§ 1983 or 1986, and that the trial court properly instructed the jury on contributory wilful and wanton conduct.
• LEE v. The Bd. OF Regents OF State Colleges
  441 F.2d 1257· 7th Cir.· 1971-05-04 ·cited 22×
  A state university newspaper, as a state facility, cannot constitutionally reject paid advertisements based on their editorial content if it accepts other types of paid advertising.
• Madison v. Manter
  441 F.2d 537· 1st Cir.· 1971-04-28 ·cited 22×
  Police officers acting in good faith but negligently in seeking a search warrant are not liable under 42 U.S.C. § 1983.
• Wright v. The City OF Brighton
  441 F.2d 447· 5th Cir.· 1971-03-16 ·cited 22×
• Dunham v. Crosby
  435 F.2d 1177· 1st Cir.· 1970-12-18 ·cited 22×
  The court held that the superintendent's actions denied the teacher procedural rights, but the school board members were not liable for conspiracy or under respondeat superior.
• Cole v. Hous. Auth. OF the City OF Newport
  435 F.2d 807· 1st Cir.· 1970-12-07 ·cited 22×
  A two-year durational residency requirement for public housing violates the Equal Protection Clause and the right to travel, as it penalizes migration without serving a compelling state interest.
• McGUANE v. Chenango Court, Inc.
  431 F.2d 1189· 2d Cir.· 1970-09-22 ·cited 22×
  The court held that receipt of federal mortgage insurance does not constitute state action for purposes of the Civil Rights Act.
• Ehrlich v. VAN Epps
  428 F.2d 363· 7th Cir.· 1970-06-22 ·cited 22×
  The court held that the district court correctly determined it lacked diversity jurisdiction and properly denied the motion for appointed counsel.