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

• Joseph v. Rowlen
  425 F.2d 1010· 7th Cir.· 1970-05-01 ·cited 22×
• Landon Zuckerman and Sam Haber v. Appellate Division
  421 F.2d 625· 2d Cir.· 1970-01-29 ·cited 22×
  The Appellate Division, as part of the State of New York, is not a 'person' amenable to suit under 42 U.S.C. § 1983.
• Dacey v. N.Y. Cnty. Lawyers' Ass'n
  423 F.2d 188· 2d Cir.· 1969-12-08 ·cited 22×
  The court affirmed the dismissal of the complaint, agreeing that the Association had probable cause to initiate unauthorized practice proceedings.
• Banish v. Locks
  414 F.2d 638· 7th Cir.· 1969-07-16 ·cited 22×
  The court held that the defendants were entitled to judgment as a matter of law because probable cause existed for the plaintiff's arrest, detention, and prosecution.
• Kadlec v. Ill. Bell Tel. Co.
  407 F.2d 624· 7th Cir.· 1969-02-25 ·cited 22×
  The court held that the mere filing of regulations or licensing does not convert private action into action under color of state law for purposes of 42 U.S.C. § 1983.
• Beard v. LEE
  396 F.2d 749· 5th Cir.· 1968-07-01 ·cited 22×
  The court held that a prisoner's claims of cruel and unusual punishment, even if not solely racially motivated, are not necessarily resolved by a prior class action order on prison desegregation and warrant a forum.
• Potwora v. Dillon
  386 F.2d 74· 2d Cir.· 1967-11-15 ·cited 22×
  The court held that the district court erred in denying a mandatory injunction for the return of books seized under a warrant, as state remedies were not adequate for prompt protection of First Amendment rights.
• Kent v. Prasse
  385 F.2d 406· 3d Cir.· 1967-11-14 ·cited 22×
  The court held that a state prisoner's injury sustained while working on dangerous equipment, for which the state provides no compensation, does not constitute a deprivation of a constitutionally protected property right actionable under the Civil Rights Act.
• Rivers v. Royster
  360 F.2d 592· 4th Cir.· 1966-04-25 ·cited 22×
  The court held that a prisoner's constitutional rights were abridged by the denial of a newspaper based on race, violating equal protection under the Fourteenth Amendment.
• Ream v. Handley
  359 F.2d 728· 7th Cir.· 1966-04-20 ·cited 22×
  The court held that the district court correctly dismissed the case for lack of subject matter jurisdiction, as no genuine federal question or civil rights claim was presented.
• Vasco A. Smith, Jr. v. Holiday Inns OF Am., Inc.
  336 F.2d 630· 6th Cir.· 1964-09-22 ·cited 22×
  The court held that the motel's discriminatory refusal to serve Negroes constituted state action under the Fourteenth Amendment because the motel was an integral part of a state-sponsored and controlled urban redevelopment project, making the discrimination impermissible.
• Striker v. Pancher
  317 F.2d 780· 6th Cir.· 1963-05-20 ·cited 22×·via 42 U.S.C. § 1983 Civil Rights Action
  A sheriff's advice to plead guilty, even without informing the defendant of their right to counsel, does not constitute a deprivation of constitutional rights actionable under 42 U.S.C. § 1983, absent threats or misuse of power.
• Mairs v. Peters
  52 So.2d 793· Fla.· 1951-05-25 ·cited 22×
  The Supreme Court of Florida affirmed a lower court's decision upholding a state law requiring candidates in primary elections to pledge loyalty to their party. The court found the law did not violate the U.S. Constitution or federal statutes, deeming it a reasonable regulation f
• Doe v. Swearingen
  51 F.4th 1295· 11th Cir.· 2022-10-21 ·cited 21×
  The court held that some of the plaintiffs' claims are timely under the continuing violation doctrine, while others are time-barred by the statute of limitations.
• Martin-Trigona v. Leander Shaw
  986 F.2d 1384· 11th Cir.· 1993-03-26 ·cited 21×·via 42 U.S.C. § 1983 Civil Rights Action
  Dr. Helen Martin-Trigona filed a § 1983 lawsuit against Florida officials on behalf of herself and her grandchildren, but the district court dismissed it for violating a permanent injunction issued against her son, Anthony Martin-Trigona, a notoriously vexatious litigant. The Ele
• Lee Woodward in bankruptcy v. The City OF Worland
  977 F.2d 1392· 10th Cir.· 1992-10-19 ·cited 21×
  The court held that supervisors are entitled to qualified immunity on the Equal Protection claim for sexual harassment as the law was not clearly established until May 1989, and co-employees are also immune as harassment by non-supervisors under § 1983 was not clearly established
• Foley v. City OF Lowell
  948 F.2d 10· 1st Cir.· 1991-10-23 ·cited 21×
  The court held that evidence of subsequent police misconduct is admissible to prove a prior municipal policy of indifference, and that prejudgment interest should run until the date of final judgment.
• THE News-Journal Corp. v. Honorable S. James Foxman
  939 F.2d 1499· 11th Cir.· 1991-08-30 ·cited 21×·via 42 U.S.C. § 1983 Civil Rights Action
  The News-Journal Corporation challenged a state trial court's restrictive order prohibiting extrajudicial statements by trial participants in a sensational murder-for-hire case. The federal district court dismissed the action under Younger abstention, finding that the News-Journa
• Redman v. Cnty. OF SAN Diego
  942 F.2d 1435· 9th Cir.· 1991-08-26 ·cited 21×
  The court held that the majority's application of deliberate indifference standards to jail management was incorrect, suggesting judicial overreach.
• Lewis v. Kendrick
  944 F.2d 949· 1st Cir.· 1991-04-26 ·cited 21×
  An unreasonably high fee demand by a plaintiff's attorney does not automatically forfeit the plaintiff's right to any fee award.
• Pittsley v. Sergeant Philip Warish
  927 F.2d 3· 1st Cir.· 1991-02-27 ·cited 21×
  The court held that the police officers' actions and statements, while potentially wrongful, did not rise to the level of a constitutional violation actionable under 42 U.S.C. § 1983, and therefore, the directed verdicts for the defendants were appropriate.
• Am. Civil Liberties Union OF Ky. v. Wilkinson
  895 F.2d 1098· 6th Cir.· 1990-02-08 ·cited 21×
  The court held that the district court erred in its factual findings and legal conclusions regarding the establishment clause violation by the Commonwealth of Kentucky's display of a nativity scene.
• Liedel v. The Juv. Court OF Madison Cnty.
  891 F.2d 1542· 11th Cir.· 1990-01-16 ·cited 21×
  The federal district court properly dismissed the plaintiffs' complaint for lack of jurisdiction, as it sought to review final state court judgments and enjoin ongoing state proceedings.
• Vincson Herren and Woody Eugene Herren v. E.J. Bowyer
  850 F.2d 1543· 11th Cir.· 1988-08-03 ·cited 21×
  The court held that factual disputes regarding probable cause precluded summary judgment on the illegal arrest claim, reversing that portion of the district court's decision.
• Baez v. Hennessy
  853 F.2d 73· 2d Cir.· 1988-07-27 ·cited 21×
  A District Attorney is absolutely immune from civil liability for prosecutorial acts, and a county is not liable for a District Attorney's prosecutorial acts as they do not represent official county policy.
• LEE v. Mihalich
  847 F.2d 66· 3d Cir.· 1988-05-17 ·cited 21×
  The investigators are entitled to qualified immunity because the governing law regarding the statute of limitations was unclear at the time of their actions, and they relied on the advice of counsel.
• S & D Maint. Co., Inc. v. Harrison J. Goldin
  844 F.2d 962· 2d Cir.· 1988-04-14 ·cited 21×
  A governmental contract does not create a constitutionally protected property interest for purposes of procedural due process unless it involves a status beyond a temporary contractor role, such as tenure or welfare benefits.
• Wade v. Orange Cnty. Sheriff's Off.
  844 F.2d 951· 2d Cir.· 1988-04-11 ·cited 21×
  The court held that a jury's verdict on common factual issues in legal claims precludes a contrary finding by the court on equitable claims, and that the denial of a new trial was not an abuse of discretion.
• Boone v. Redev. Agency OF the City OF SAN Jose
  841 F.2d 886· 9th Cir.· 1988-03-01 ·cited 21×
  The court held that the city and agency are immune from antitrust liability under the state action doctrine, and that the developers' civil rights claims fail for lack of a vested property right. Koll's lobbying activities are protected by the Noerr-Pennington doctrine.
• Boring v. Kozakiewicz
  833 F.2d 468· 3d Cir.· 1987-11-16 ·cited 21×
  The court held that the Estelle v. Gamble Eighth Amendment standard for convicted prisoners does not apply to pretrial detainees, and the trial court erred in granting a directed verdict based on that standard.
• Ass'n FOR Retarded Citizens OF Ala., Inc. v. Teague
  830 F.2d 158· 11th Cir.· 1987-10-19 ·cited 21×
  The court held that plaintiffs must exhaust state administrative remedies under the Education for All Handicapped Children Act (EHA) before filing suit, as their claims of futility were unsubstantiated and the administrative process is designed for educational policy and factfind
• Smith v. City OF Chicago
  820 F.2d 916· 7th Cir.· 1987-06-10 ·cited 21×
  The court held that the plaintiff's § 1983 action was barred by res judicata because it arose from the same core operative facts as his prior Shakman petition, which had been dismissed on the merits.
• King v. Atiyeh
  814 F.2d 565· 9th Cir.· 1987-04-08 ·cited 21×
  The court held that the amended complaint superseded the original, and state officials are not liable under § 1983 without an affirmative role in deprivations. However, the dismissal of the claim regarding postage limitations was erroneous.
• Costello v. Town OF Fairfield
  811 F.2d 782· 2d Cir.· 1987-02-12 ·cited 21×
  The court held that appellants were accorded all the process they were due, as post-deprivation remedies were adequate for their claims regarding pension calculations.
• Anqunett Simien v. City OF SAN Antonio
  809 F.2d 255· 5th Cir.· 1987-02-06 ·cited 21×
  The court held that the City of San Antonio's residency requirement did not violate equal protection or sex discrimination laws, and that while a procedural due process violation occurred, nominal damages were appropriate due to binding precedent. Simien was not the prevailing pa
• Griffin v. Hilke
  804 F.2d 1052· 8th Cir.· 1986-11-06 ·cited 21×
  The court held that the district court erred in denying the officers' motion for judgment notwithstanding the verdict or a new trial due to insufficient evidence against Officer Stoll and prejudicial closing arguments. The judgment against Stoll was reversed, and the case against
• Johnson v. Sieber
  799 F.2d 1396· 9th Cir.· 1986-09-18 ·cited 21×
  The court held that the appellants failed to raise any valid constitutional issues, thus summary judgment for the defendants was proper.
• KEV, Inc. v. Kitsap Cnty. & the Honorable Ray Aardal & John Horsley
  793 F.2d 1053· 9th Cir.· 1986-07-07 ·cited 21×
  The court held that while topless dancing is protected expression, Kitsap County's ordinance is largely a constitutional time, place, and manner regulation, except for an unconstitutional five-day delay in issuing dancer licenses.
• Holmes v. Bevilacqua
  794 F.2d 142· 4th Cir.· 1986-06-17 ·cited 21×
• Hervey v. The City OF Little Rock
  787 F.2d 1223· 8th Cir.· 1986-03-31 ·cited 21×
  The court held that the trial court did not abuse its discretion in decertifying the class action due to inadequate representation and proof, and affirmed the dismissal of individual claims where plaintiffs failed to establish a prima facie case of discrimination.
• Hossman v. Blunk
  784 F.2d 793· 7th Cir.· 1986-02-26 ·cited 21×
  The court held that the plaintiff's pro se complaint, when liberally construed, adequately alleged claims for municipal liability under § 1983 and that the § 1985 claim was properly dismissed for failing to allege racial or class-based discrimination.
• Salahuddin v. Harris
  782 F.2d 1127· 2d Cir.· 1986-01-31 ·cited 21×
  The court held that dismissal under Rule 37(d) was improper because the plaintiff appeared for his deposition, and dismissal under Rule 37(b)(2) was improper because no court order was violated. Furthermore, neither Rule 16(f) nor Rule 41(b) justified the dismissal.
• Gorin v. Elton S. Osborne, Jr., M.D.
  756 F.2d 834· 11th Cir.· 1985-03-29 ·cited 21×
  A prior state court affirmance of an administrative ruling is entitled to res judicata and collateral estoppel effect in a subsequent federal civil rights action, even if the state court's review was limited to an 'any evidence' standard.
• Donny Joel Harvey v. Andrist
  754 F.2d 569· 5th Cir.· 1985-03-04 ·cited 21×
  The court held that the district court properly dismissed claims challenging the validity of detention for failure to exhaust habeas corpus remedies and properly dismissed other claims on the merits.
• Mims v. Shapp
  744 F.2d 946· 3d Cir.· 1984-09-17 ·cited 21×
  The court held that the prisoner's prolonged administrative segregation, reviewed through subjective evaluations by prison officials, did not violate his due process rights, and thus the damages award was reversed.
• Mendez v. Belton
  739 F.2d 15· 1st Cir.· 1984-07-18 ·cited 21×
  The court held that Dr. Belton is not absolutely immune from suit under 42 U.S.C. § 233(a) for alleged intentional discrimination, but affirmed summary judgment because the plaintiff failed to present sufficient evidence of discrimination.
• Am. Fam. Life Assurance Co. of Columbus v. Teasdale
  733 F.2d 559· 8th Cir.· 1984-05-03 ·cited 21×
  The court held that the former Governor was entitled to qualified immunity and that the plaintiff failed to prove its claims, justifying the award of attorney's fees.
• Harmon v. W.C. Berry and David Morse
  728 F.2d 1407· 11th Cir.· 1984-04-02 ·cited 21×
  The court held that a prisoner's pro se complaint alleging endangerment due to being labeled a "snitch" and subsequent rumors is sufficient to survive a motion to dismiss for frivolousness.
• Mismash v. Murray City
  730 F.2d 1366· 10th Cir.· 1984-03-30 ·cited 21×
  The court held that all section 1983 claims in Utah are subject to the four-year statute of limitations, making Mismash's suit timely.
• Cutting v. Muzzey
  724 F.2d 259· 1st Cir.· 1984-01-10 ·cited 21×
  The court held that the developer had standing to assert equal protection claims and that the planning board's actions were administrative, not legislative, thus not entitling them to absolute immunity.