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

• Scott v. Clark
  712 F.2d 1305· 8th Cir.· 1983-08-05 ·cited 21×
  The court held that the appeal was frivolous and without merit.
• Stern v. Shouldice
  706 F.2d 742· 6th Cir.· 1983-04-15 ·cited 21×
  The court held that the appeal was timely filed. It affirmed the award of nominal damages, costs, and attorney's fees but reversed the award of back pay and prejudgment interest against the individual defendants.
• United Church OF THE Med. Ctr. v. Med. Ctr. Comm'n
  689 F.2d 693· 7th Cir.· 1982-09-23 ·cited 21×
  The court held that the district court erred in dismissing the case for failure to exhaust administrative remedies and abused its discretion in denying preliminary injunctive relief.
• Owens v. Asa D. Kelley, Jr.
  681 F.2d 1362· 11th Cir.· 1982-08-05 ·cited 21×
  A probation condition requiring participation in a program with disputed religious content raises a material factual issue, precluding summary judgment. However, conditions allowing warrantless searches and psychological stress evaluations are constitutional.
• Bartholomew v. Watson
  665 F.2d 915· 9th Cir.· 1982-01-11 ·cited 21×
  The court held that a blanket prohibition on calling inmate or staff witnesses in disciplinary proceedings violates due process, and that the district court erred in upholding administrative segregation procedures.
• Rabbi Samuel Teitelbaum v. Sorenson
  648 F.2d 1248· 9th Cir.· 1981-06-26 ·cited 21×
  The court held that neither the novelty of a claim nor the defendant's good faith are special circumstances justifying the denial of attorney fees under 42 U.S.C. § 1988.
• Evans v. Carlton Croom
  650 F.2d 521· 4th Cir.· 1981-06-04 ·cited 21×
  The district court's rule for assessing partial filing fees for prisoner litigants is permissible, but remand is necessary to ensure prisoners have adequate notice and opportunity to explain account withdrawals.
• The Penthouse, Inc. v. Saba
  399 So. 2d 456· Fla. 2d DCA· 1981-06-03 ·cited 21×
  Penthouse Inc. sued individual Sarasota County commissioners under 42 U.S.C. § 1983, alleging they arbitrarily withheld approval of a condominium site plan in violation of zoning ordinances. The court affirmed the dismissal, holding that while officials have qualified immunity fo
• Wright v. EL Paso Cnty. Jail
  642 F.2d 134· 5th Cir.· 1981-04-08 ·cited 21×
  The court held that a pro se prisoner's allegations of deliberate indifference to attacks by fellow inmates and inhumane living conditions are sufficient to state a claim under 42 U.S.C. § 1983.
• Moishe Meyer Rosen v. The Port OF Portland
  641 F.2d 1243· 9th Cir.· 1981-03-05 ·cited 21×
  The court held that an airport ordinance requiring advance notice and identification for demonstrations is a valid restriction on First Amendment rights.
• Keating v. Martin
  638 F.2d 1121· 8th Cir.· 1980-12-09 ·cited 21×
  The court held that the district court properly dismissed the appellant's § 1983 claims against various state officials due to immunity doctrines and lack of state action.
• Local Union NO. 35 OF the Int'l Bhd. OF Elec. Workers v. City OF Hartford
  625 F.2d 416· 2d Cir.· 1980-06-13 ·cited 21×
  The court, in a dissenting opinion, argues that the City of Hartford's affirmative action ordinance, which sets employment quotas based on race and sex, is a form of numerus clausus legislation that is constitutionally suspect and historically dangerous. The dissent believes the
• James v. Ball
  613 F.2d 180· 9th Cir.· 1979-10-12 ·cited 21×
  The court held that the Arizona statutes limiting voting in Salt River Project elections to landowners, with votes apportioned by acreage, violate the Equal Protection Clause of the Fourteenth Amendment because the District's operations, including its extensive electric utility s
• Gosney v. Sonora Indep. Sch. Dist.
  603 F.2d 522· 5th Cir.· 1979-09-28 ·cited 21×·via Section 1983
  The court held that while the school district's no-outside-employment rule was facially valid, its selective and discriminatory enforcement against Mr. Gosney violated his Fourteenth Amendment right to equal protection.
• United States ex rel. Lawrence Walker v. Fayette Cnty.
  599 F.2d 573· 3d Cir.· 1979-06-15 ·cited 21×
  A state prisoner's complaint alleging prison officials denied him medical care, leading to severe withdrawal symptoms, states a claim for relief under the Eighth Amendment.
• Cale v. The City OF Covington
  586 F.2d 311· 4th Cir.· 1978-11-03 ·cited 21×
  The court held that there is no implied cause of action for damages against a municipality under the Fourteenth Amendment, even with federal question jurisdiction, for the acts of its employees.
• Cabrera v. Municipality OF Bayamon
  562 F.2d 91· 1st Cir.· 1977-09-09 ·cited 21×
  The court held that the district court did not err in refusing to order the relocation of the landfill or condemnation of plaintiffs' property, and that substantial economic loss alone does not constitute a Fifth Amendment taking.
• Comtronics, Inc. v. Puerto RICO Tel. Co.
  553 F.2d 701· 1st Cir.· 1977-03-31 ·cited 21×
  The court held that a private damages action cannot be implied for violations of certain statutory provisions concerning telephone carrier tariffs.
• Massey v. Hutto
  545 F.2d 45· 8th Cir.· 1976-11-17 ·cited 21×
  Claims of disagreement over proper medical treatment do not state a constitutional claim, but allegations of deliberate indifference to essential medical needs do.
• Holup v. Gates
  544 F.2d 82· 2d Cir.· 1976-10-20 ·cited 21×
  Due process does not require state prisoners to inspect their prison files before parole decisions, nor does it require counsel at parole release hearings.
• Williams v. McCALL
  531 F.2d 1247· 5th Cir.· 1976-02-04 ·cited 21×
  The court held that the district court erred in dismissing the prisoner's civil rights complaint without affording him an opportunity to prove his allegations.
• Cleveland Kimbrough v. O'Neil
  523 F.2d 1057· 7th Cir.· 1975-08-14 ·cited 21×
  The court held that the plaintiff's allegations of cruel and unusual punishment and the loss of his property state claims for relief under 42 U.S.C. § 1983.
• Fay Monroe van Meter v. Morgan
  518 F.2d 366· 8th Cir.· 1975-05-20 ·cited 21×
  The court held that the district court did not abuse its discretion in dismissing the prisoner's complaint as frivolous and duplicative of prior filings.
• Oxendine v. Williams
  509 F.2d 1405· 4th Cir.· 1975-02-12 ·cited 21×
  The court held that a pro se inmate lacks the competence to represent a class in a § 1983 action, and vacated the class judgment, but affirmed dismissal of most individual claims while remanding one.
• Cruz v. Estelle
  497 F.2d 496· 5th Cir.· 1974-07-19 ·cited 21×
  The court held that an inmate's release from prison does not moot a claim for money damages under 42 U.S.C. § 1983, nor does it automatically negate the possibility of maintaining a class action. A hearing is required to determine these issues.
• Bach v. People OF the State OF Ill. & Peter B. Bensinger
  504 F.2d 1100· 7th Cir.· 1974-02-15 ·cited 21×
  Prison inmates have a right to be present during the opening of their incoming legal mail to maintain attorney-client confidentiality and access to courts.
• Adams v. Walker
  488 F.2d 1064· 7th Cir.· 1973-06-27 ·cited 21×
  The court denied the defendant's motion for a stay of the district court's orders pending appeal, finding the appellant had not made a strong showing of probable success on the merits.
• Scott v. Vandiver
  476 F.2d 238· 4th Cir.· 1973-03-16 ·cited 21×
  A sheriff is liable under 42 U.S.C. § 1983 for the actions of temporary law enforcement officers he summons, even if those officers are county employees acting outside their normal duties. A county supervisor is not liable for such actions if the sheriff, not the supervisor, was
• Dowsey v. Wilkins
  467 F.2d 1022· 5th Cir.· 1972-10-25 ·cited 21×
  The court held that the plaintiff presented sufficient evidence for a Section 1983 claim of false imprisonment, but not for conspiracy claims under Section 1985(3) and 1986.
• Henry v. First Nat'l Bank OF Clarksdale
  444 F.2d 1300· 5th Cir.· 1971-06-23 ·cited 21×
• Baxter v. Carson Hendren
  121 F.4th 873· 11th Cir.· 2024-11-13 ·cited 20×
  Deputy Jafet Santiago-Miranda fired ten shots into a vehicle that was accelerating toward him after he issued multiple commands for the driver to stop, killing two young occupants, and the plaintiffs sued for excessive force, failure to render medical aid, and battery. The Eleven
• Jackson v. Swanger
  97 F.4th 1343· 11th Cir.· 2024-04-05 ·cited 20×
  Amber Jackson sued Atlanta police officers Cody Swanger and Jeremiah Brandt under federal civil rights law, alleging they unlawfully seized her without reasonable suspicion and that Brandt failed to intervene when Swanger used excessive force against her during a chaotic encounte
• Leake v. Drinkard
  14 F.4th 1242· 11th Cir.· 2021-09-28 ·cited 20×
  The Eleventh Circuit held that the Old Soldiers Day Parade constituted government speech, and therefore the City of Alpharetta was not obligated under the First Amendment to permit the display of the Confederate battle flag.
• Pesci v. Budz
  935 F.3d 1159· 11th Cir.· 2019-08-21 ·cited 20×
  A civil detainee at a for-profit facility for sexually violent predators challenged two policies restricting his publication of critical newsletters—a total ban on his inflammatory publication Duck Soup and a facility-wide page-limit policy applied to his successor publication Th
• City OF Clearwater & Charles Esposito v. Williamson
  938 So. 2d 985· Fla. 2d DCA· 2006-07-28 ·cited 20×
  The City of Clearwater and Detective Charles Esposito appealed a jury verdict finding them liable for malicious prosecution, false arrest, and intentional infliction of emotional harm in connection with the arrest of Tony Williamson for a child sexual abuse allegation. The appell
• Rice-Lamar v. City OF Fort Lauderdale
  853 So. 2d 1125· Fla. 4th DCA· 2003-09-17 ·cited 20×
  Deborah Rice-Lamar, an African-American Affirmative Action Specialist, was terminated by the City of Fort Lauderdale allegedly for refusing to remove her commentary on racial discrimination from official affirmative action reports. After losing her federal discrimination and Firs
• Am. Charities for Reasonable Fundraising Reg., Inc. v. Pinellas Cnty.
  278 F. Supp. 2d 1301· M.D. Fla.· 2003-06-24 ·cited 20×
  The court adopted the magistrate judge's recommendation to award plaintiffs $257,151.03 in attorneys' fees and $9,938.35 in costs and expenses.
• Cooper v. Dupnik
  963 F.2d 1220· 9th Cir.· 1992-05-05 ·cited 20×
  The dissent argues that the majority's finding of a violation of a substantive right to remain silent is questionable, especially given 18 U.S.C. § 3501 and the lack of a prior holding on its constitutionality.
• Frazier v. Bailey
  957 F.2d 920· 1st Cir.· 1992-02-24 ·cited 20×
  Individuals contracted by the government to perform statutorily mandated duties are the functional equivalent of public officials and are entitled to raise a qualified immunity defense. However, a generalized right to 'familial integrity' is not sufficiently particularized to ove
• Warren v. Fanning
  950 F.2d 1370· 8th Cir.· 1991-11-21 ·cited 20×
  The court affirmed the district court's refusal to amend the judgment and award attorney's fees because the plaintiff's counsel drafted the erroneous jury instruction regarding nominal damages.
• Colburn v. Upper Darby Twp.
  946 F.2d 1017· 3d Cir.· 1991-10-10 ·cited 20×
  The court held that the plaintiff failed to present sufficient evidence that the custodial officers knew or should have known of the detainee's particular vulnerability to suicide, and thus, their actions did not rise to the level of reckless indifference required for a § 1983 cl
• Santella v. City OF Chicago
  936 F.2d 328· 7th Cir.· 1991-07-09 ·cited 20×
  The court held that assurances from city officials not authorized to make them do not create a protected property interest in a job title, and the 'in lieu' hiring practice does not circumvent formal appointment procedures.
• Gilbert v. City OF Cambridge
  932 F.2d 51· 1st Cir.· 1991-05-03 ·cited 20×
  The court held that the property owners' facial challenges to the rent control ordinance were not justiciable, and their as-applied claims were either time-barred or not ripe for review.
• Chicago Observer, Inc. v. City OF Chicago
  929 F.2d 325· 7th Cir.· 1991-04-05 ·cited 20×
  The court held that the Chicago Observer had received adequate due process and that the city's ordinance regulating newsrack size and advertising was constitutional.
• Roque-Rodriguez v. Hon. Jose Lema Moya
  926 F.2d 103· 1st Cir.· 1991-02-27 ·cited 20×
• Hubbert v. City OF Moore
  923 F.2d 769· 10th Cir.· 1991-01-09 ·cited 20×
  A finding of probable cause at a preliminary hearing, even if followed by an acquittal, has preclusive effect in a subsequent civil rights action under 42 U.S.C. § 1983, entitling officers to qualified immunity.
• Brown v. Detective Felix Grabowski
  922 F.2d 1097· 3d Cir.· 1990-12-31 ·cited 20×
  The court held that it lacked jurisdiction to hear appeals from denials of qualified immunity on state law claims unless the state law itself provides immunity from suit, and that the victim's civil court access and equal protection claims were not constitutionally cognizable or
• DOE v. Doe and E. Doe
  903 F.2d 499· 7th Cir.· 1990-05-31 ·cited 20×
  The court held that the Department of Social Services' failure to investigate a child abuse report did not violate federal due process rights, as the state has no affirmative constitutional duty to protect individuals from private actors, and the statute did not create a property
• Thompson v. City OF Starkville
  901 F.2d 456· 5th Cir.· 1990-05-03 ·cited 20×·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the denial of summary judgment on the First Amendment claim, finding the employee's speech addressed matters of public concern, but reversed the denial on the Fourteenth Amendment claim for failure to state a claim.
• Eberle v. City OF Anaheim
  901 F.2d 814· 9th Cir.· 1990-04-26 ·cited 20×
  The court held that the First Amendment claim was waived due to failure to include it in the pretrial order, and that the officers' actions in detaining and using a finger-hold on Kiser were reasonable under the Fourth Amendment.