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

• Underwood v. Nell Hunter
  730 F.2d 614· 11th Cir.· 1984-04-10 ·cited 20×
  Section 182 of the Alabama Constitution of 1901 violates the fourteenth amendment by denying the right to vote on the basis of race for those convicted of nonprison offenses.
• Johnson v. Mayor & City Council OF Baltimore
  731 F.2d 209· 4th Cir.· 1984-04-04 ·cited 20×
  The court held that the district court's finding that Baltimore City failed to prove a bona fide occupational qualification (BFOQ) for mandatory retirement of firefighters at age fifty-five was not clearly erroneous.
• Lewis v. Hillsborough Transit Auth.
  726 F.2d 668· 11th Cir.· 1984-03-09 ·cited 20×
  The court held that available state remedies comported with due process, meaning the petitioner failed to state a constitutional claim, and thus did not need to exhaust those remedies.
• Lyon v. Hal Farrier
  727 F.2d 766· 8th Cir.· 1984-02-15 ·cited 20×
  The court held that prison inmates do not have a constitutionally protected liberty interest in remaining in their jobs or in being free from searches conducted under exigent circumstances related to institutional security.
• Robert and Sharon Albery v. Cal Reddig
  718 F.2d 245· 7th Cir.· 1983-10-03 ·cited 20×
  The court held that alleged negligence by local officials in administering zoning ordinances, even if resulting in property deprivation, does not violate due process if adequate state remedies are available. Zoning disputes are primarily local matters.
• Bier v. Fleming
  717 F.2d 308· 6th Cir.· 1983-09-19 ·cited 20×
  Appellant Alatis' actions did not constitute state action for purposes of 42 U.S.C. § 1983, and appellant Fleming is entitled to qualified immunity.
• Jaquette v. Black Hawk Cnty.
  710 F.2d 455· 8th Cir.· 1983-06-27 ·cited 20×
  The court affirmed the district court's award of attorneys' fees but would not remand the case.
• Villanueva v. Leininger
  707 F.2d 1007· 8th Cir.· 1983-06-03 ·cited 20×
  The court held that the district court did not commit prejudicial error in its jury instructions or evidentiary rulings, and the jury verdict was supported by the record.
• Sooner Prods. Co. v. McBRIDE
  708 F.2d 510· 10th Cir.· 1983-05-16 ·cited 20×
  The court held that the appeal of the dismissal order was untimely, and the denial of leave to file a second amended complaint was not an abuse of discretion because the amendment would be futile.
• Cameron v. Fogarty
  705 F.2d 676· 2d Cir.· 1983-04-20 ·cited 20×
  The court held that a district court erred in sua sponte dismissing a pro se prisoner's civil rights complaint as frivolous before service of process and without proper consideration of the filing fee or in forma pauperis status.
• Hall v. United States
  704 F.2d 246· 6th Cir.· 1983-03-25 ·cited 20×
  The court held that while District Director McHugh was not entitled to absolute immunity, he was protected by qualified immunity because his actions in terminating the tax period and assessing jeopardy tax did not violate clearly established statutory or constitutional rights at
• Jones v. LOS Angeles Cmty. Coll. Dist.
  702 F.2d 203· 9th Cir.· 1983-03-25 ·cited 20×
  The court held that while the district court correctly found a procedural due process violation regarding property interest, it erred in finding a liberty interest deprivation. Damages must be reconsidered based solely on the property interest violation.
• Packish v. McMURTRIE
  697 F.2d 23· 1st Cir.· 1983-01-11 ·cited 20×
  The court held that the plaintiffs failed to present sufficient evidence to withstand summary judgment on their claims of retaliation and due process violations.
• Humann v. Wilson
  696 F.2d 783· 10th Cir.· 1983-01-05 ·cited 20×
  The court held that the crime was too remote from the state action to constitute a valid civil rights claim under 42 U.S.C. § 1983.
• Sampson v. King
  693 F.2d 566· 5th Cir.· 1982-12-14 ·cited 20×·via 42 U.S.C. § 1983 Action
  The court held that the magistrate erred in enjoining the use of Parathion and awarding damages, as the prison officials were immune from liability and their actions did not constitute cruel and unusual punishment.
• Rosa v. Cantrell
  705 F.2d 1208· 10th Cir.· 1982-12-10 ·cited 20×
  The court held that service of process on the defendant's wife at his usual place of abode was valid, and the statute of limitations was tolled due to his absence and concealment, thus the wrongful death claim was timely commenced.
• Walker v. Prisoner Review Bd.
  694 F.2d 499· 7th Cir.· 1982-12-02 ·cited 20×·via 42 U.S.C. § 1983 Action
  The court held that a parole candidate's claim of denial of access to documents considered by the parole board is cognizable under § 1983 and that the board's own rule mandates such access, implementing due process requirements.
• Blake v. Roderic H. Katter and Steven R. King
  693 F.2d 677· 7th Cir.· 1982-11-22 ·cited 20×
  The court held that Indiana Code § 34-1-2-2 Second, a five-year statute of limitations for actions against public officers, applies to this § 1983 action, and that claims for speedy trial and excessive force were improperly dismissed.
• Est. OF Arthur Smith, Jr. v. Tarrant Cnty. Hosp. Dist.
  691 F.2d 207· 5th Cir.· 1982-11-08 ·cited 20×
  The court held that a summary judgment rendered without proper notice and opportunity to be heard violates procedural rules and must be vacated.
• Brockell v. Norton
  688 F.2d 588· 8th Cir.· 1982-09-22 ·cited 20×
  The court held that the plaintiff did not have a constitutionally protected property interest in his employment and that private threats made by the mayor did not violate his liberty interest. However, the court remanded for a determination of his First Amendment claim regarding
• Shadis v. Beal
  685 F.2d 824· 3d Cir.· 1982-07-20 ·cited 20×
  Contractual provisions prohibiting legal aid organizations from requesting or accepting attorneys' fees in suits against the Commonwealth are void as contrary to the public policy underlying the Civil Rights Attorney Fees Awards Act.
• Bohumil J. Dusanek v. Hannon
  677 F.2d 538· 7th Cir.· 1982-04-26 ·cited 20×
  The court held that the Board's procedures for requiring a teacher to take a medical leave of absence, rather than immediately terminating employment, satisfied due process requirements, as the teacher was offered a choice between a dismissal hearing or voluntary leave.
• Vander Malle v. Ambach
  673 F.2d 49· 2d Cir.· 1982-03-04 ·cited 20×
  The court affirmed the preliminary injunction requiring the state to pay for the handicapped child's interim placement, finding a sufficient likelihood of success on the merits and irreparable harm.
• Agrippa Hymes v. Harnett Cnty. Bd. OF Educ.
  664 F.2d 410· 4th Cir.· 1981-11-17 ·cited 20×
  Attorney's fees are available under 42 U.S.C. § 1988 for relief obtained through 42 U.S.C. § 1983, but not for claims solely redressable by the Education for All Handicapped Children Act (EAHCA), which provides an exclusive remedy without fee-shifting provisions. The court remand
• Roberts v. Marino
  656 F.2d 1112· 5th Cir.· 1981-09-21 ·cited 20×
  The court held that sufficient evidence supported the jury's finding that the officer used excessive force, and therefore affirmed the award of compensatory damages.
• Marino v. Bowers
  657 F.2d 1363· 3d Cir.· 1981-09-08 ·cited 20×
  The court held that the Supreme Court's decision in Elrod v. Burns, which prohibited patronage dismissals of non-policymaking, non-confidential government employees, should not be applied retroactively to the plaintiff's case. The court affirmed the district court's dismissal of
• Switlik v. Hardwicke Co., Inc.
  651 F.2d 852· 3d Cir.· 1981-06-08 ·cited 20×
  The court held that a federal civil rights action under 42 U.S.C. § 1983 is barred by res judicata and collateral estoppel if the constitutional issues were fully litigated in prior state court proceedings. The court affirmed the district court's dismissal of the action.
• Jackson v. State OF Miss.
  644 F.2d 1142· 5th Cir.· 1981-05-14 ·cited 20×
  The court held that the district court erred in granting summary judgment on the claim that prison officials violated a prior injunction requiring careful vetting of trusty shooters, as this injunction established a clearly defined constitutional right. However, summary judgment
• Fernandez v. Chardon
  648 F.2d 765· 1st Cir.· 1981-05-08 ·cited 20×
  The statute of limitations for wrongful demotion or discharge claims under 42 U.S.C. § 1983 accrues at the time the demotion or discharge takes effect, not when the employee receives advance notice.
• Cannon v. The Univ. OF Chicago
  648 F.2d 1104· 7th Cir.· 1981-05-06 ·cited 20×
  A violation of Title IX requires allegations of intentional discrimination, not merely disparate impact, and the plaintiff failed to allege such intent.
• Chancery Clerk OF Chickasaw Cnty. v. Wallace
  646 F.2d 151· 5th Cir.· 1981-03-26 ·cited 20×·via 42 U.S.C. § 1983 Claim
  The court held that individuals involuntarily confined in state mental institutions may bring a § 1983 action challenging the constitutionality of the commitment procedures, and that abstention was not appropriate. However, the court vacated the certification of the defendant cla
• Bradt v. Honorable Shearn Smith
  634 F.2d 796· 5th Cir.· 1981-01-19 ·cited 20×
  The court held that the plaintiff failed to state a claim under 42 U.S.C. §§ 1983, 1985, or 1986 because the complaint did not allege the deprivation of a federal right, a nexus with a federal judicial proceeding, or a racial or class-based discriminatory animus.
• Anne Owens v. Rush
  636 F.2d 283· 10th Cir.· 1980-12-15 ·cited 20×
  The court held that the Sheriff is an agent of the County for Title VII purposes, and therefore the County is subject to Title VII liability even if the Sheriff's department itself has fewer than 15 employees.
• Dreher v. Allyn R. Sielaff
  636 F.2d 1141· 7th Cir.· 1980-12-09 ·cited 20×
  The court held that summary judgment was inappropriate because disputed issues of material fact existed regarding the alleged denial of meaningful attorney access to inmates.
• First Nat'l Bank OF Omaha v. The Marquette Nat'l Bank OF Minneapolis
  636 F.2d 195· 8th Cir.· 1980-11-25 ·cited 20×
  The court held that state interference with a national bank's authority under the National Bank Act, even if contrary to the Act, does not give rise to a cause of action under 42 U.S.C. § 1983, as such authority is not a right protected by the statute and good faith lobbying and
• Hall v. Clendenin G. Quillen
  631 F.2d 1154· 4th Cir.· 1980-10-17 ·cited 20×
  The court held that neither a court-appointed physician nor an attorney acting in such capacity can be considered state actors for purposes of a § 1983 claim.
• Dodson v. Polk Cnty.
  628 F.2d 1104· 8th Cir.· 1980-08-26 ·cited 20×
  The dissenting judge argues that a public defender, representing an indigent defendant, does not operate under color of state law for the purposes of a 42 U.S.C. § 1983 action. The judge also believes public defenders should have absolute immunity.
• Henderson v. Fisher
  631 F.2d 1115· 3d Cir.· 1980-08-20 ·cited 20×
  The court should not decide the broad question of whether the University of Pittsburgh is a state instrumentality for all purposes.
• Gibson v. McEVERS
  631 F.2d 95· 7th Cir.· 1980-08-08 ·cited 20×
  The court held that the plaintiff inmate's claims of constitutional violations, including denial of access to courts, denial of medical care, and racial discrimination, were insufficient to state a claim or were contradicted by evidence, justifying summary judgment.
• Angelita Ramirez v. Hofheinz
  619 F.2d 442· 5th Cir.· 1980-06-18 ·cited 20×
  The court affirmed the district court's judgment, holding that the plaintiffs failed to prove they were qualified for the positions they sought, thus failing to establish a prima facie case of discrimination under Title VII.
• Lora v. Bd. OF Educ. OF the City OF NEW York
  623 F.2d 248· 2d Cir.· 1980-06-02 ·cited 20×·via Violation Of 42 U.S.C. § 1983
  A Title VI violation can occur based on discriminatory effect, not solely intent, as established in Lau v. Nichols.
• Swietlowich v. Cnty. OF Bucks & Twp. of Bristol & Harry Merker & Sgt. Stanley Martin & Sgt. Walter Hughes & Patrolman H. J. McDonough
  620 F.2d 33· 3d Cir.· 1980-04-28 ·cited 20×·via § 1983 Suit
  A party is not entitled to attorney's fees under 42 U.S.C. § 1988 unless they are a prevailing party who has essentially succeeded on a claim.
• Jeb S. Fries v. Barnes
  618 F.2d 988· 2d Cir.· 1980-04-10 ·cited 20×
  A pro se prisoner's civil rights complaint alleging a conspiracy between hospital employees and police to seize his property without consent states a claim under 42 U.S.C. § 1983 and should not have been dismissed sua sponte as frivolous.
• Serna v. A. C. (Chon) Manzano
  616 F.2d 1165· 10th Cir.· 1980-02-25 ·cited 20×
  The court held that the trial court must state its reasons for denying costs to a prevailing party. The court affirmed the denial of the deputies' claims.
• Sims v. Jefferson Downs, Inc.
  611 F.2d 609· 5th Cir.· 1980-02-11 ·cited 20×
  The court held that genuine issues of material fact precluded summary judgment on the Section 1983 claim regarding state action, but affirmed dismissal of the Section 1985(3) claim for lack of class-based discrimination.
• Green v. DeCAMP
  612 F.2d 368· 8th Cir.· 1980-01-04 ·cited 20×
  A legislative committee's report, even if critical of an individual, does not deprive that individual of a protected liberty or property interest under the Fourteenth Amendment, and the committee members and counsel are protected by legislative immunity.
• McCURRY v. Allen
  606 F.2d 795· 8th Cir.· 1979-10-01 ·cited 20×
  The court held that collateral estoppel does not bar a § 1983 action for search and seizure claims when federal habeas corpus relief is unavailable, and that the district court should not have granted summary judgment without considering all claims.
• Reuben Sarabia v. Toledo Police Patrolman's Ass'n
  601 F.2d 914· 6th Cir.· 1979-06-25 ·cited 20×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court had the authority under the consent decree to suspend the 'rule of three' to effectuate the decree's affirmative action goals, and did not abuse its discretion in doing so.
• Paine v. Baker
  595 F.2d 197· 4th Cir.· 1979-03-30 ·cited 20×
  A prisoner has a limited constitutional right to have demonstrably false and prejudicial information expunged from his file, but must first seek correction from prison authorities.
• Zbaraz v. Quern
  596 F.2d 196· 7th Cir.· 1979-02-13 ·cited 20×
  The Hyde Amendment, enacted through an appropriations bill, substantively amended Title XIX of the Social Security Act, allowing states to limit funding for medically necessary abortions to the circumstances specified in the amendment.