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

• Rothstein v. Wyman
  467 F.2d 226· 2d Cir.· 1972-09-07 ·cited 82×
  A federal court cannot order state officials to make retroactive welfare payments from state funds, as this violates the Eleventh Amendment and is an improvident exercise of equity powers in the context of cooperative federalism.
• Goodman v. Lukens Steel Co.
  777 F.2d 113· 3d Cir.· 1985-11-13 ·cited 81×
  The court held that the statute of limitations for a cause of action under 42 U.S.C. § 1981 in Pennsylvania should be six years, not two years as applied to § 1983 claims.
• Augustine v. DOE
  740 F.2d 322· 5th Cir.· 1984-08-16 ·cited 81×
  The availability of state tort remedies does not preclude a Section 1983 claim for violations of substantive constitutional rights, nor for procedural due process violations where predeprivation procedures were feasible.
• Wade v. Haynes
  663 F.2d 778· 8th Cir.· 1981-11-09 ·cited 81×
  The court held that punitive damages in a § 1983 action require a finding of actual malice, not merely reckless or callous disregard for a prisoner's rights.
• Kostka v. Hogg
  560 F.2d 37· 1st Cir.· 1977-08-04 ·cited 81×
  Federal courts should not infer a right of action for damages against political subdivisions for constitutional violations by their employees, as this is inconsistent with the interpretation of 42 U.S.C. § 1983 and not constitutionally compelled.
• Broadway v. City OF Montgomery
  530 F.2d 657· 5th Cir.· 1976-04-22 ·cited 81×
  The appeal of John L. Broadway is dismissed because he is a fugitive, and the judgment for the remaining plaintiffs is affirmed due to lack of admissible evidence.
• Jordon v. Gilligan
  500 F.2d 701· 6th Cir.· 1974-07-18 ·cited 81×
  A federal court cannot award attorneys' fees against a state or its officials in their official capacities in a suit brought under 42 U.S.C. § 1983, as such an award is barred by the Eleventh Amendment and the doctrine of sovereign immunity.
• L.S.T., Inc. v. Crow
  49 F.3d 679· 11th Cir.· 1995-04-06 ·cited 80×
  Polk County sheriff's deputies arrested several individuals at a nightclub following disturbances on April 15 and May 6, 1990. The arrested individuals and the nightclub owner sued under 42 U.S.C. § 1983 for false arrest and other federal and state law violations. The Eleventh Ci
• Gramenos v. Jewel Cos., Inc.
  797 F.2d 432· 7th Cir.· 1986-07-25 ·cited 80×
  The court held that a violation of state law does not automatically create a federal claim under 42 U.S.C. § 1983, and that an arrest based on an eyewitness store guard's credible report generally constitutes probable cause, precluding a jury trial on the reasonableness of the ar
• Shauna Supre v. James G. Ricketts, Ph.D.
  792 F.2d 958· 10th Cir.· 1986-06-02 ·cited 80×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiff's lawsuit was not causally linked to the securing of relief and the defendant's conduct was not legally required, thus the plaintiff is not a prevailing party under § 1988.
• Beoties Emory v. Peeler
  756 F.2d 1547· 11th Cir.· 1985-04-08 ·cited 80×
  Judicial immunity bars a juror's § 1983 claim for damages based on a judge's in-court conduct, and reputational harm alone does not constitute a deprivation of a constitutionally protected liberty interest. The state law defamation claim is remanded for reconsideration of pendent
• Martin v. White
  742 F.2d 469· 8th Cir.· 1984-08-29 ·cited 80×
  The court held that the magistrate erred in granting a directed verdict for the prison superintendent, as the plaintiffs presented sufficient evidence of reckless disregard for their Eighth Amendment rights to proceed to a jury.
• Garcia v. Wilson
  731 F.2d 640· 10th Cir.· 1984-03-30 ·cited 80×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a uniform characterization of all section 1983 claims is necessary to establish a consistent approach to selecting state statutes of limitations.
• Powe v. The City OF Chicago
  664 F.2d 639· 7th Cir.· 1981-11-04 ·cited 80×
  The court held that the complaint adequately alleged that the arrest warrant was constitutionally defective for failing to satisfy the Fourth Amendment's particularity requirement, and thus the district court erred in relying on Baker v. McCollan to dismiss the section 1983 claim
• Church OF Scientology OF Cal. v. Cazares
  638 F.2d 1272· 5th Cir.· 1981-03-09 ·cited 80×
  The court held that the Church had standing to bring a civil rights action under § 1983 on behalf of its members, but affirmed summary judgment for the Mayor on both the civil rights and defamation claims.
• Dawson v. Pastrick
  600 F.2d 70· 7th Cir.· 1979-05-31 ·cited 80×
  The court held that the district court did not abuse its discretion in approving the consent decree and refusing hiring quotas, but it misapplied the test for awarding attorneys' fees. The judgment is reversed and remanded for a determination of the proper amount of fees.
• Rainey v. Jackson State Coll.
  551 F.2d 672· 5th Cir.· 1977-05-02 ·cited 80×
  The court held that the Civil Rights Attorney's Fees Awards Act of 1976 applies to pending cases, including those where only attorneys' fees remain unresolved, and that the Eleventh Amendment does not bar fee awards against a state in such cases.
• Westlake v. Lucas
  537 F.2d 857· 6th Cir.· 1976-06-29 ·cited 80×
  A prisoner states a proper cause of action when alleging denial of reasonable medical treatment requests in the face of obvious need, exposing the inmate to undue suffering or threat of residual injury.
• Spence v. Staras
  507 F.2d 554· 7th Cir.· 1974-12-16 ·cited 80×
  A complaint alleging state hospital employees' willful, wanton, or negligent failure to protect a nonverbal inmate from repeated assaults by fellow patients, leading to his death, states a claim under 42 U.S.C. § 1983, and such claims survive under Illinois law for both personal
• Curtis v. Angus Russell Everette
  489 F.2d 516· 3d Cir.· 1973-12-17 ·cited 80×
  The court held that a prisoner's complaint alleging intentional conduct by prison officials leading to an assault states a claim under 42 U.S.C. § 1983, and that a state law claim against another prisoner can be heard under the doctrine of pendent jurisdiction.
• Clark v. Holmes
  474 F.2d 928· 7th Cir.· 1972-12-12 ·cited 80×
  A nontenured teacher's First Amendment rights do not protect speech unrelated to public concern or that impedes institutional function, and a teacher without a property interest in continued employment is not entitled to due process protections upon non-renewal.
• United States ex rel. Jack & Ethel Gittlemacker v. Cnty. OF Philadelphia
  413 F.2d 84· 3d Cir.· 1969-07-10 ·cited 80×
  The court held that municipalities and states are not 'persons' under the Civil Rights Act of 1871, and that a tort claim for medical malpractice does not fall under the Act. Furthermore, diversity jurisdiction cannot be assumed when the complaint explicitly states parties are fr
• Swan v. Bd. OF Higher Educ. OF the City OF NEW York by Gustave G. Rosenberg
  319 F.2d 56· 2d Cir.· 1963-06-04 ·cited 80×
  The court held that the plaintiff's amended complaint was a nullity because it was filed after a judgment of dismissal had been entered, and the clerk's failure to formally enter the judgment did not alter this fact. The court also found that the plaintiff's claim was barred by t
• Pierce v. LA Vallee
  293 F.2d 233· 2d Cir.· 1961-07-31 ·cited 80×
  The court held that the plaintiffs abandoned issues beyond the right to access the Koran, and the trial court properly dismissed the actions as moot due to new prison directives allowing Koran access.
• Moore v. Miss. Valley State Univ.
  871 F.2d 545· 5th Cir.· 1989-05-01 ·cited 79×
  The court held that the employees failed to establish a liberty or property interest under the Fourteenth Amendment and that their grievances did not constitute speech on a matter of public concern under the First Amendment. Furthermore, the trial court did not err in excluding a
• Herrington v. Cnty. OF Sonoma
  834 F.2d 1488· 9th Cir.· 1987-12-24 ·cited 79×
  The court should have dismissed the claims as not ripe for review because damages were not calculable.
• Alvera M. Aldabe v. Aldabe
  616 F.2d 1089· 9th Cir.· 1980-02-28 ·cited 79×
  The court held that a pro se litigant's complaint alleging conspiracy to deprive constitutional rights failed to state a claim upon which relief could be granted, and that judicial immunity barred claims against judges.
• Little v. Walker
  552 F.2d 193· 7th Cir.· 1977-03-25 ·cited 79×
  The court held that the district court erred in dismissing the claim for damages, as the plaintiff's allegations, if true, demonstrated a violation of clearly established constitutional rights and that the defendants were not entitled to qualified immunity.
• Hampton v. Holmesburg Prison Officials. Appeal of Richard Burk
  546 F.2d 1077· 3d Cir.· 1976-12-28 ·cited 79×
  A prisoner's claim of denial of medical care rises to a constitutional violation under 42 U.S.C. § 1983 only if it demonstrates deliberate indifference to serious medical needs, not mere negligence or malpractice. The plaintiff failed to prove such deliberate indifference.
• Donaldson v. O'Connor
  493 F.2d 507· 5th Cir.· 1974-04-26 ·cited 79×
  The Fourteenth Amendment guarantees involuntarily civilly committed mental patients a constitutional right to treatment, and the evidence was sufficient to support the jury's verdict.
• Byrd v. Brishke
  466 F.2d 6· 7th Cir.· 1972-07-18 ·cited 79×
  The court held that the trial judge erred in granting directed verdicts by improperly weighing evidence and applying the wrong standard, and that the plaintiff was entitled to have his case submitted to the jury against certain officers.
• Von D. Mizell v. N. Broward Hosp. Dist.
  427 F.2d 468· 5th Cir.· 1970-03-25 ·cited 79×
  The court denied the petition for rehearing and rehearing en banc.
• Digit. Props., Inc. v. City OF Plantation
  121 F.3d 586· 11th Cir.· 1997-09-05 ·cited 78×·via 42 U.S.C. § 1983 Civil Rights Action
  Digital Properties sought to establish an adult bookstore and video rental business in Plantation, Florida, but filed a federal lawsuit challenging the city's zoning ordinance as unconstitutional after a single conversation with a non-supervisory zoning employee, without pursuing
• Johnson v. Morel
  876 F.2d 477· 5th Cir.· 1989-07-05 ·cited 78×
  The district court erred in granting summary judgment; Johnson is entitled to trial on his equal protection and excessive force claims, and his state law claims must be reinstated.
• Wagenmann v. Adams
  829 F.2d 196· 1st Cir.· 1987-09-09 ·cited 78×
  The court held that the arrest and imprisonment of the plaintiff were without probable cause, and that the jury's verdicts on false arrest and false imprisonment were supported by the evidence.
• NEW York State Ass'n FOR Retarded Child., Inc. v. Carey
  706 F.2d 956· 2d Cir.· 1983-03-31 ·cited 78×
  The court held that the district court did not abuse its discretion in admitting evidence obtained through a discovery order and in appointing a Special Master, but erred in refusing to modify the bed limitations in the Consent Judgment and Flower Hospital Order to facilitate com
• Anderson v. Thompson
  658 F.2d 1205· 7th Cir.· 1981-09-08 ·cited 78×
  The court held that the Education for All Handicapped Children Act (EAHCA) does not authorize compensatory damages absent exceptional circumstances, nor does it provide for attorney's fees.
• Douthit v. Jones
  619 F.2d 527· 5th Cir.· 1980-06-20 ·cited 78×
  The court held that the defendants, as jailers, did not present sufficient evidence to establish qualified immunity for the § 1983 claim, as they failed to show objective facts supporting their good faith belief of lawful authority to continue incarceration. Furthermore, Texas co
• Bonnes v. Long
  599 F.2d 1316· 4th Cir.· 1979-06-18 ·cited 78×
  The court held that the district court must make specific factual findings to determine if the plaintiffs were prevailing parties entitled to attorney's fees under 42 U.S.C. § 1988, and whether any special circumstances warranted denying the award.
• Lopez v. Aransas Cnty. Indep. Sch. Dist.
  570 F.2d 541· 5th Cir.· 1978-03-31 ·cited 78×
  The court held that the trial court did not abuse its discretion in dismissing the case with prejudice for failure to prosecute, but vacated the award of attorney's fees for reconsideration.
• Mayberry v. Maroney
  558 F.2d 1159· 3d Cir.· 1977-07-07 ·cited 78×
  The court held that the district court abused its discretion in vacating the consent judgment because the Commonwealth failed to show exceptional circumstances justifying such extraordinary relief. The court also held that the district judge did not abuse his discretion in refusi
• Cruz v. W. B. (Bill) Hauck
  515 F.2d 322· 5th Cir.· 1975-06-30 ·cited 78×
  The court held that inmates waived their right to object to the magistrate's reference by failing to object in the district court. However, the court found the factual findings supporting the adequacy of inmate access to legal materials deficient and remanded for further proceedi
• Brandenburger v. Myron B. Thompson
  494 F.2d 885· 9th Cir.· 1974-03-25 ·cited 78×
  The court held that a litigant represented by a public interest group without charge can still be awarded attorneys' fees under the private attorney general doctrine.
• Smith v. Ferron C. Losee
  485 F.2d 334· 10th Cir.· 1973-08-22 ·cited 78×
  The dissenting judge argues that board members are liable for failing to investigate facts, even if they acted in good faith, and that damages awarded were excessive.
• Donovan v. Reinbold
  433 F.2d 738· 9th Cir.· 1970-10-05 ·cited 78×
  The court held that the statute of limitations for civil rights actions in California is three years, and that public attorneys are not immune from liability for advising disregard of administrative orders. The court also affirmed the damages award for emotional distress.
• Buxton v. City OF Plant City
  871 F.2d 1037· 11th Cir.· 1989-05-01 ·cited 77×
  The court held that the placement of stigmatizing information in a public employee's personnel file or internal affairs report, which are public records, constitutes sufficient publication to implicate liberty interests requiring procedural due process.
• Coniston Corp. v. Vill. OF Hoffman Ests.
  844 F.2d 461· 7th Cir.· 1988-04-20 ·cited 77×
  The court held that a village board's rejection of a site plan, even without stated reasons, does not violate substantive or procedural due process if the decision is not irrational or invidious, and the action is legislative rather than adjudicative.
• Louella T. Bradberry v. Pinellas Cnty.
  789 F.2d 1513· 11th Cir.· 1986-05-23 ·cited 77×
  A local governmental body does not deprive a person of their right to life under 42 U.S.C. § 1983 when it grossly negligently trains an agent who then fails in an attempt to rescue that person from an existing peril not created by the agency.
• McDOUGALD v. Jenson
  786 F.2d 1465· 11th Cir.· 1986-04-21 ·cited 77×
• Hays v. Jefferson Cnty.
  668 F.2d 869· 6th Cir.· 1982-01-04 ·cited 77×
  The dissenting judges argue that the panel decision incorrectly applies standards for municipal liability under 42 U.S.C. § 1983 and the Fourteenth Amendment, particularly regarding 'failure to train' and the 'policy or custom' requirement.