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

• Firefighters Inst. FOR Racial Equal. v. The City OF ST. Louis
  588 F.2d 235· 8th Cir.· 1978-11-29 ·cited 20×
  The court held that the district court's revised order was inadequate and ordered immediate promotion of qualified black firefighters, along with specific guidelines for acting captain assignments and future promotions, to remedy past discrimination.
• MacKey v. Stanton
  586 F.2d 1126· 7th Cir.· 1978-11-08 ·cited 20×
  The Eleventh Amendment does not bar a money judgment against a county welfare department for unlawfully withholding child support payments, as such entities are not arms of the state and can satisfy judgments from their own funds. Claims for damages are not moot and may proceed.
• Johnson v. Davis
  582 F.2d 1316· 4th Cir.· 1978-09-05 ·cited 20×
  The court held that the panel erred in applying a two-year statute of limitations to § 1983 actions without regard to state survivability rules.
• Flynt v. Leis
  574 F.2d 874· 6th Cir.· 1978-04-12 ·cited 20×
  The court held that the out-of-state lawyers' procedural due process rights were violated by their removal from the case without a hearing, and that federal injunctive relief was appropriate because they lacked an adequate state remedy.
• Davis v. Murphy
  559 F.2d 1098· 7th Cir.· 1977-07-28 ·cited 20×
  The court held that the plaintiffs sufficiently alleged and proved violations of their Fourth and Eighth Amendment rights, incorporated through the Fourteenth Amendment, under 42 U.S.C. § 1983, and that the trial court erred in dismissing the case based on Paul v. Davis.
• Delmar Lee Watson v. Dolph Briscoe
  554 F.2d 650· 5th Cir.· 1977-06-22 ·cited 20×
  The court held that claims seeking restoration of good time credits or immediate parole review are habeas corpus claims requiring exhaustion of state remedies, while claims challenging conditions of confinement may proceed. Claims of medical staff negligence do not rise to a cons
• Austin v. Brammer
  555 F.2d 142· 6th Cir.· 1977-05-20 ·cited 20×
  The court held that dismissal of the civil rights complaint was inappropriate without an evidentiary hearing on the applicability of the tolling statute for imprisonment.
• Wolfel v. Sanborn
  555 F.2d 583· 6th Cir.· 1977-05-02 ·cited 20×
  The court held that the defendants were entitled to have their good faith defense submitted to the jury, as their reliance on an unwritten parole authority policy regarding bond forfeitures was not unreasonable as a matter of law.
• Corpus v. Estelle
  551 F.2d 68· 5th Cir.· 1977-04-22 ·cited 20×
  The court held that a state prison's prohibition on inmates providing legal assistance to each other in civil rights and general civil matters is unconstitutional if the prison fails to provide a reasonable alternative.
• Kurz v. The State OF Mich.
  548 F.2d 172· 6th Cir.· 1977-01-24 ·cited 20×
  The court affirmed the dismissal of the federal civil rights claims, finding that the defendants were entitled to judicial, prosecutorial, or Eleventh Amendment immunity, and thus dismissed the pendent state law claims.
• Hollenbaugh v. Carnegie Free Library
  545 F.2d 382· 3d Cir.· 1976-11-22 ·cited 20×
  The court held that the district court erred in finding no state action, reversing the summary judgment.
• Jones-Bey v. Caso
  535 F.2d 1360· 2d Cir.· 1976-05-17 ·cited 20×
  The court held that a prisoner's individual claim for monetary damages is not rendered moot by a prior class action settlement that only provided injunctive and declaratory relief.
• Hill v. Trs. OF Ind. Univ.
  537 F.2d 248· 7th Cir.· 1976-04-05 ·cited 20×
• Andrews v. Maher
  525 F.2d 113· 2d Cir.· 1975-10-24 ·cited 20×
  The court held that the district court lacked jurisdiction over the plaintiffs' claims, affirming the dismissal of the action.
• Gamble v. Estelle
  516 F.2d 937· 5th Cir.· 1975-08-04 ·cited 20×
  The court held that a prisoner's complaint alleging inadequate medical care, including failure to diagnose and treat a back injury and other conditions, stated a claim under 42 U.S.C. § 1983.
• O'Neal v. A. J. "Buck" Gresham
  519 F.2d 803· 4th Cir.· 1975-07-08 ·cited 20×
  The court held that the trial court erred in failing to make specific findings on the issue of mitigation of damages, requiring remand. The denial of attorney fees was affirmed.
• Wallace v. Kern
  520 F.2d 400· 2d Cir.· 1975-06-30 ·cited 20×
  The court held that the district court's order mandating specific bail hearing procedures constituted an improper intrusion into the state judicial system, violating principles of comity and federalism.
• Alsager v. Dist. Court OF Polk Cnty.
  518 F.2d 1160· 8th Cir.· 1975-06-17 ·cited 20×
  The court held that the district court abused its discretion in denying declaratory relief, as the case presented an actual controversy ripe for determination with a useful purpose.
• Thonen v. Jenkins
  517 F.2d 3· 4th Cir.· 1975-05-29 ·cited 20×·via 42 U.S.C. § 1983 Claim
  The court held that the award of damages must be vacated and remanded for findings on the defendants' good faith, while affirming the award of attorney's fees.
• Burton v. Cascade Sch. Dist. Union High Sch. NO. 5
  512 F.2d 850· 9th Cir.· 1975-03-28 ·cited 20×
  The dissenting judge argues that reinstatement is the appropriate remedy for a constitutional violation, even for a non-tenured teacher, and that a monetary award is insufficient to vindicate the employee's rights.
• Gregory v. Wyse
  512 F.2d 378· 10th Cir.· 1975-03-11 ·cited 20×
  The court held that the temporary solitary confinement and forfeiture of good time and parole eligibility for escapees, as mandated by Colorado statutes, did not constitute cruel and unusual punishment or a denial of due process for which damages are recoverable under § 1983.
• Davis v. Richmond
  512 F.2d 201· 1st Cir.· 1975-03-11 ·cited 20×
  The court held that the Massachusetts Boardinghouse Lien Statute, Mass.G.L. c. 255, § 23, does not constitute state action for purposes of a 42 U.S.C. § 1983 claim, even though it permits private individuals to seize property without court order.
• Adams v. Campbell Cnty. Sch. Dist.
  511 F.2d 1242· 10th Cir.· 1975-02-28 ·cited 20×
  The court held that the trial court's findings that teachers' non-renewal was due to teaching deficiencies and insubordination, rather than constitutionally protected activity, were supported by substantial evidence and not clearly erroneous.
• Morris v. Travisono
  509 F.2d 1358· 1st Cir.· 1975-02-06 ·cited 20×
  The court held that state officials could not unilaterally suspend court-ordered prison disciplinary and classification rules, even if they found them burdensome, without seeking modification through proper legal channels.
• Jere Bishop v. Stoneman
  508 F.2d 1224· 2d Cir.· 1974-12-04 ·cited 20×
  The court held that the factual allegations in the complaint, taken as true, state a claim for relief under 42 U.S.C. § 1983 for deliberate indifference to prisoners' medical needs.
• Frederika Blankner v. The City OF Chicago
  504 F.2d 1037· 7th Cir.· 1974-10-24 ·cited 20×
  The court held that a plaintiff denied a meaningful opportunity to contest the designation and taking of her property due to procedural delays has a right of action under 42 U.S.C. § 1983 for deprivation without due process.
• Turner v. Impala Motors
  503 F.2d 607· 6th Cir.· 1974-09-20 ·cited 20×
  Peaceful repossession under Tennessee Code Ann. § 47-9-503 is not action under color of state law for purposes of 42 U.S.C. § 1983 or state action under the Fourteenth Amendment.
• Imbler v. Pachtman
  500 F.2d 1301· 9th Cir.· 1974-07-12 ·cited 20×
  A prosecutor is absolutely immune from civil liability for acts committed in the performance of duties integral to the judicial process, even if malicious or knowing.
• Runnels v. Rosendale
  499 F.2d 733· 9th Cir.· 1974-06-21 ·cited 20×
  The court held that allegations of performing surgery without consent and denying necessary pain relief for five days after surgery are sufficient to state a claim under 42 U.S.C. § 1983, and thus summary judgment was improperly granted.
• Erie Human Relations Comm'n v. Hon. Louis J. Tullio
  493 F.2d 371· 3d Cir.· 1974-03-04 ·cited 20×
  The court held that the Erie Human Relations Commission lacked the capacity to sue under Federal Rule of Civil Procedure 17(b) because its organizing ordinance did not grant it such power and it did not fit the exceptions for unincorporated associations.
• Hartmann v. Scott
  488 F.2d 1215· 8th Cir.· 1973-12-06 ·cited 20×
  The court held that while a prisoner's claim challenging the fact or duration of confinement must be brought as a habeas corpus petition requiring exhaustion of state remedies, claims seeking declaratory and injunctive relief against the unconstitutionality of a statute are permi
• Levon Brown v. United States
  486 F.2d 284· 8th Cir.· 1973-10-29 ·cited 20×
  The court held that the United States is liable under the FTCA for its own negligence in placing a prisoner in an inadequate facility, but not for the negligence of the county jailer or sheriff.
• Gibson & Perin Co. v. City OF Cincinnati
  480 F.2d 936· 6th Cir.· 1973-06-26 ·cited 20×
  The court held that while plaintiffs may have suffered economic injury, the applicable statutes and case law do not permit a subsequent judicial remedy after legislative decisions.
• Gale Hearold Johnson v. Dailey
  479 F.2d 86· 8th Cir.· 1973-05-17 ·cited 20×
  The dissenting judge would apply Iowa's five-year general statute of limitations to the civil rights action.
• Ronica R. Weigand v. Afton View Apts.
  473 F.2d 545· 8th Cir.· 1973-02-15 ·cited 20×
  The court held that a state tax break for federally funded housing, without more, does not constitute state action sufficient for a federal civil rights claim. It also held that the district court did not abuse its discretion in denying leave to amend the complaint.
• Murray v. W. Baton Rouge Parish Sch. Bd.
  472 F.2d 438· 5th Cir.· 1973-01-19 ·cited 20×
  The court held that the Louisiana public school disciplinary statutes, school rules, and psychological testing practices did not violate the students' constitutional rights.
• Mrs. Susan Cohen v. Chesterfield Cnty. Sch. Bd. & Dr. Robert F. Kelly
  474 F.2d 395· 4th Cir.· 1973-01-15 ·cited 20×
  The court held that a school district's mandatory maternity leave policy, requiring teachers to cease work five months before expected childbirth, constituted sex discrimination and denied equal protection.
• Keeton v. Procunier
  468 F.2d 810· 9th Cir.· 1972-10-19 ·cited 20×
  The court held that while the Adult Authority is immune from damages claims, a prisoner's claim of constitutional rights interference by unidentified state officials warrants further proceedings and opportunity to amend.
• Hubbard v. Ammerman
  465 F.2d 1169· 5th Cir.· 1972-09-06 ·cited 20×
• Allen v. Gifford
  462 F.2d 615· 4th Cir.· 1972-06-21 ·cited 20×
  The court held that Virginia's two-year statute of limitations applies to actions brought under 42 U.S.C. § 1982 for racial discrimination in real estate sales.
• Robinson v. McCORKLE
  462 F.2d 111· 3d Cir.· 1972-06-12 ·cited 20×
  The court held that the district court properly dismissed the civil rights complaint, affirming the judgment of dismissal.
• Eliza Chapman Garner v. Buel Stephens
  460 F.2d 1144· 6th Cir.· 1972-06-01 ·cited 20×
  The court held that the Kentucky five-year statute of limitations for actions upon a liability created by statute applies to claims under 42 U.S.C. § 1983 when no physical injury is involved.
• Ahern v. Bd. OF Educ. OF the Sch. Dist. OF Grand Island
  456 F.2d 399· 8th Cir.· 1972-02-29 ·cited 20×
  A public school teacher discharged for insubordination is not constitutionally entitled to persist in teaching methods that contravene employer directives, and the hearing afforded was procedurally adequate.
• Lucarell v. McNAIR
  453 F.2d 836· 6th Cir.· 1972-01-07 ·cited 20×
  The court held that an official's assault and illegal incarceration can be considered actions taken 'under color of state law' for a Section 1983 claim, and that judicial immunity does not protect officials acting entirely outside their jurisdiction.
• Dorado v. Kerr
  454 F.2d 892· 9th Cir.· 1972-01-04 ·cited 20×
  The court held that informal, statewide procedural policies of the California Adult Authority are not subject to the three-judge court requirement of 28 U.S.C. § 2281, and that prisoners do not have a constitutional right to counsel or access to records in administrative parole a
• Shirck v. Thomas
  447 F.2d 1025· 7th Cir.· 1971-09-02 ·cited 20×
  The dissenting judge believes the majority's interpretation of the due process clause to protect against arbitrary termination of public employment is an erroneous expansion of federal judicial power.
• Darcel L. Bright v. Isenbarger
  445 F.2d 412· 7th Cir.· 1971-07-13 ·cited 20×
  The court held that the expulsion of students from a private parochial school did not constitute state action, and therefore the Fourteenth Amendment did not apply.
• Ortiz v. LaVALLEE
  442 F.2d 912· 2d Cir.· 1971-03-25 ·cited 20×
  The court held that New York's tolling statute for imprisoned persons applies even if they have legal capacity to sue, thus the inmate's civil rights claim was not time-barred.
• Butts v. Dallas Indep. Sch. Dist. & Nolan Estes
  436 F.2d 728· 5th Cir.· 1971-01-14 ·cited 20×
  The court held that school officials cannot prohibit students from wearing black armbands to protest the Vietnam War if the protest does not substantially disrupt school discipline, as such armbands are akin to pure speech protected by the First Amendment.
• Dearman v. Woodson
  429 F.2d 1288· 10th Cir.· 1970-07-14 ·cited 20×
  The court held that the pro se complaint, alleging cruel and unusual punishment for 50.5 hours without food, stated a cause of action under 42 U.S.C. § 1983, and the dismissal was premature.