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

• Crumley v. Snead
  620 F.2d 481· 5th Cir.· 1980-06-30 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a sheriff's delivery of a prisoner to another state while a habeas corpus petition challenging extradition was pending violates federal law and gives rise to a civil rights action.
• Boykins v. Ambridge Area Sch. Dist.
  621 F.2d 75· 3d Cir.· 1980-05-09 ·cited 18×
  The court held that the district court erred in granting summary judgment because the record did not establish judgment preclusion by the Human Relations Commission and the complaint met specificity requirements for civil rights actions.
• Concerned Jewish Youth v. McGUIRE
  621 F.2d 471· 2d Cir.· 1980-03-27 ·cited 18×
  The court held that the police's broad, unspecific restrictions on First Amendment activity, based on an outdated order and without individualized assessment, constituted an unlawful prior restraint and violated constitutional rights.
• Havas v. Thornton
  609 F.2d 372· 9th Cir.· 1979-11-21 ·cited 18×
  The court held that the plaintiffs failed to state a claim for deprivation of federally protected civil rights under 42 U.S.C. §§ 1983 and 1985, as the actions complained of, primarily involving state administrative and consumer protection proceedings, did not constitute a depriv
• Mescall v. Clark Burrus
  603 F.2d 1266· 7th Cir.· 1979-08-13 ·cited 18×
  The court held that the trial court erred in dismissing Count I, which alleged due process and equal protection violations regarding the police pension fund, but affirmed the dismissal of Counts II and III, which alleged sex and racial discrimination under 42 U.S.C. §§ 1981 and 1
• Needleman v. Bohlen
  602 F.2d 1· 1st Cir.· 1979-06-25 ·cited 18×
  The court held that the teacher's position as coordinator did not confer statutory tenure, and the procedures afforded for denying her salary increment were constitutionally adequate.
• Vruno v. Schwarzwalder
  600 F.2d 124· 8th Cir.· 1979-05-24 ·cited 18×
  The court held that Minnesota Statute Chapter 364, which provides procedures for considering criminal offenders for public employment, does not create a liberty or property interest protected by the Fourteenth Amendment's due process clause.
• Carey v. Quern
  588 F.2d 230· 7th Cir.· 1978-12-13 ·cited 18×
  The Eleventh Amendment bars federal court judgments for retroactive benefits payable from the Special Purposes Trust Fund, which is considered state money.
• Gennaro Basciano v. Herkimer
  605 F.2d 605· 2d Cir.· 1978-11-15 ·cited 18×
  The court held that the City's procedure for determining eligibility for accident disability retirement benefits, as applied to the plaintiff, satisfied the requirements of due process.
• Bettye B. Pickett and Thea S. Spatz v. Newt Milam
  579 F.2d 1118· 8th Cir.· 1978-08-04 ·cited 18×
  Prevailing plaintiffs in a civil rights action are entitled to attorney fees under 42 U.S.C. § 1988, even if the defendants did not act in bad faith, as long as no special circumstances render the award unjust.
• The Princeton Cmty. Phone Book, Inc. v. Bate
  582 F.2d 706· 3d Cir.· 1978-06-23 ·cited 18×
  The court held that the claim for injunctive relief was not moot, Opinion 290 violates the First Amendment, defendants have qualified immunity for damages under § 1983, and the Sherman Act claim is barred by the state action doctrine.
• NIX v. Sweeney
  573 F.2d 998· 8th Cir.· 1978-03-31 ·cited 18×
  The court held that summary judgment on the issue of probable cause for arrest was improper because genuine issues of material fact existed, and the dismissal of the Village of Breckenridge Hills was proper based on sovereign immunity for claims not involving vicarious liability
• Constr. Aggregates Corp. v. de Vicenty
  573 F.2d 86· 1st Cir.· 1978-03-14 ·cited 18×
  The court held that the district court erred in abstaining from hearing the claim regarding non-local seamen, but correctly abstained from hearing claims regarding local seamen's rates and shore workers.
• Perez v. Borchers
  567 F.2d 285· 5th Cir.· 1978-02-02 ·cited 18×
  The court held that the defendants, including a justice of the peace and prosecutors, were immune from civil liability under the Civil Rights Act for actions taken in their official capacities. Private citizens subpoenaed by the plaintiff could not be liable for conspiring with i
• Rimmer v. The Fayetteville Police Dept.
  567 F.2d 273· 4th Cir.· 1977-12-20 ·cited 18×
  The doctrine of collateral estoppel forecloses a plaintiff from relitigating issues decided in a prior state court conviction, even in a subsequent civil rights action, provided the plaintiff had access to a federal forum for adjudication of the federal claim.
• Cannon v. Breed
  565 F.2d 1096· 9th Cir.· 1977-12-06 ·cited 18×
  The court held that it lacked jurisdiction to review the dismissal of an alleged class action where the individual claim of the class representative had become moot and the class had not been properly certified by the district court.
• Drone v. Hutto
  565 F.2d 543· 8th Cir.· 1977-11-28 ·cited 18×
  The court held that a prisoner who demanded a jury trial in his complaint, asserting both legal and equitable claims, was entitled to a jury trial on the legal issues, and the trial court erred in denying this right based on a local rule suggestion.
• Bayou Landing, Ltd. v. Watts
  563 F.2d 1172· 5th Cir.· 1977-11-28 ·cited 18×
  The court held that the city council's actions in withholding an occupancy permit and revoking occupational licenses for adult bookstores, based on community disapproval and without proper procedural safeguards, violated the First Amendment.
• Verle Austin v. Bd. OF Educ. OF Georgetown Cmty. Unit Sch. Dist. NO. 3 OF Vermilion Cnty.
  562 F.2d 446· 7th Cir.· 1977-09-21 ·cited 18×
  The court held that a discharged employee's claim of deprivation of liberty without due process requires an allegation that the stigmatizing charges were substantially false, and that a factual dispute regarding public dissemination of the charges precluded summary judgment.
• United States v. Kuehn
  562 F.2d 427· 7th Cir.· 1977-09-19 ·cited 18×
  The court held that the United States Attorney lacked standing to seek an injunction against a state prosecution based on a federal grant of immunity, and that collateral estoppel barred the witness's intervention claim after the state court denied his motion to dismiss.
• Richardson v. McCLUNG
  559 F.2d 395· 5th Cir.· 1977-09-19 ·cited 18×
  The court held that the trial court did not abuse its discretion in its evidentiary rulings or jury instructions.
• Smith v. Shimp
  562 F.2d 423· 7th Cir.· 1977-09-16 ·cited 18×
  Jail officials may read nonprivileged mail of pretrial detainees on a spot-check basis without violating constitutional rights, as the state's interest in jail security justifies this practice. The detainee's presence is not required when inspecting nonprivileged incoming mail.
• Eliseo Garza v. Amador Rodriguez
  559 F.2d 259· 5th Cir.· 1977-09-14 ·cited 18×
  A public employee's discharge is not unconstitutional if the protected conduct (filing a lawsuit) played a part but the employer had a legitimate, independent reason for the termination based on the employee's unprotected conduct.
• Byrd v. Gain
  558 F.2d 553· 9th Cir.· 1977-08-02 ·cited 18×
  The First Amendment does not guarantee police officers an unqualified right to publicly criticize their department and superiors in a manner calculated to inflame the public or adversely affect departmental morale and discipline.
• McDONALD v. State OF Ill.
  557 F.2d 596· 7th Cir.· 1977-06-15 ·cited 18×
  The court held that the State of Illinois is immune from suit in federal court under the Eleventh Amendment, and that while defendant Weil's actions may have deprived plaintiff of a constitutional right, claims against municipalities under § 1983 require a policy or custom, not j
• Phillips v. Int'l Ass'n OF Bridge
  556 F.2d 939· 9th Cir.· 1977-06-13 ·cited 18×
  The court held that malicious prosecution of civil suits by a union against its members does not constitute 'discipline' under LMRDA § 411(a)(5), but can violate the right to institute legal action under § 411(a)(4).
• Elmore Cunningham v. Ward
  546 F.2d 481· 2d Cir.· 1976-12-01 ·cited 18×
  The court held that the pro se prisoner's claims were not wholly insubstantial or frivolous, requiring further proceedings.
• Harris L. Kimball v. The Florida BAR
  537 F.2d 1305· 5th Cir.· 1976-09-02 ·cited 18×
  The court held that the lower court's abstention was improper because Florida law regarding disbarment for immoral conduct is clear.
• Briscoe v. Bock
  540 F.2d 392· 8th Cir.· 1976-08-19 ·cited 18×
  The court held that a private hospital's termination of a staff physician's privileges, despite receiving public funds and being state-regulated, does not constitute 'state action' under the Fourteenth Amendment absent a sufficiently close nexus between the state and the challeng
• Minns v. Paul
  542 F.2d 899· 4th Cir.· 1976-08-09 ·cited 18×
  Court-appointed attorneys acting within the scope of their duties are entitled to absolute immunity from suits under 42 U.S.C. § 1983.
• Williams v. Helene Wohlgemuth
  540 F.2d 163· 3d Cir.· 1976-07-20 ·cited 18×
  A state plan providing emergency assistance payments under the Social Security Act cannot limit eligibility to only those whose emergencies result from specific causes, such as civil disorder or natural disaster, if the federal statute does not expressly authorize such a limitati
• Stebbins v. Weaver
  537 F.2d 939· 7th Cir.· 1976-07-07 ·cited 18×
  The court affirmed the dismissal, holding that the plaintiff did not possess a property or liberty interest sufficient to trigger Fourteenth Amendment procedural protections regarding the denial of tenure.
• Grundstrom v. Darnell
  531 F.2d 272· 5th Cir.· 1976-05-07 ·cited 18×
  A prisoner's civil rights action under 42 U.S.C.A. § 1983 is not timely before federal courts if it challenges the validity of confinement, which must first be addressed through a habeas corpus petition. Claims against judicial officers are barred by immunity.
• Lytle v. Comm'rs OF Election OF Union Cnty.
  541 F.2d 421· 4th Cir.· 1976-02-10 ·cited 18×
  The court held that the Voting Rights Act amendments authorizing attorneys' fees apply to services rendered prior to enactment when the case was pending on appeal.
• Apolinar Navarette, Jr. v. Jiro J. Enomoto
  536 F.2d 277· 9th Cir.· 1976-02-09 ·cited 18×
  The court held that a prisoner's allegations of mail interference and termination of privileges for legal activities, if proven, state a claim under 42 U.S.C. § 1983, and that negligent deprivation of rights can be actionable under § 1983. Claims based on respondeat superior were
• Kennedy v. H & M Landing, Inc.
  529 F.2d 987· 9th Cir.· 1976-01-30 ·cited 18×
  The court held that the plaintiff's claims for breach of contract and civil rights violations did not establish federal jurisdiction, and thus the dismissal of the action was proper.
• Culbertson v. Leland
  528 F.2d 426· 9th Cir.· 1975-10-03 ·cited 18×
  The seizure of a tenant's property by an innkeeper under state innkeeper's lien statutes, without a security interest in the property, constitutes state action.
• Milton v. Nelson
  527 F.2d 1158· 9th Cir.· 1975-09-18 ·cited 18×
  The court held that a prisoner's claim for confiscated books under the Civil Rights Act was properly dismissed as frivolous and for failure to state a claim.
• Moore v. Hinton
  513 F.2d 781· 5th Cir.· 1975-06-02 ·cited 18×
  A defendant need not be informed of the collateral consequence of driver's license suspension before pleading guilty to driving while intoxicated.
• Morgan v. Montanye
  516 F.2d 1367· 2d Cir.· 1975-05-06 ·cited 18×
  The court held that even if prison officials opened attorney mail out of an inmate's presence, the inmate failed to demonstrate actual damage or constitutional infringement, thus the suit was properly dismissed.
• Leonard v. Miss. State Prob. & Parole Bd.
  509 F.2d 820· 5th Cir.· 1975-03-17 ·cited 18×
  The court held that the decision in Gates v. Collier should not be applied retroactively to require expungement of pre-Gates prison disciplinary records, and that the class action was properly brought under § 1983.
• Calderon v. United Furniture Co.
  505 F.2d 950· 5th Cir.· 1974-12-30 ·cited 18×
  The court held that the Texas statute allowing secured party repossession without judicial process is constitutional, similar to prior rulings on Mississippi and Alabama statutes.
• Brown v. DeLAYO
  498 F.2d 1173· 10th Cir.· 1974-06-12 ·cited 18×
  The court held that a prior state court judgment on the teacher's due process claim was res judicata, barring relitigation in federal court.
• Robinson v. Jordan
  494 F.2d 793· 5th Cir.· 1974-05-31 ·cited 18×
  A state prisoner's pro se complaint alleging denial of essential medical care while awaiting trial under color of state law states a claim for relief under 42 U.S.C. § 1983, requiring an evidentiary hearing.
• Ammlung v. City OF Chester
  494 F.2d 811· 3d Cir.· 1974-03-28 ·cited 18×
  The court held that state statutes of limitations and state tolling principles govern federal civil rights actions, and that prior state litigation did not toll the statute of limitations for the federal claims.
• Palmigiano v. Mullen
  491 F.2d 978· 1st Cir.· 1974-02-19 ·cited 18×
  A prisoner need not exhaust state judicial remedies before bringing a § 1983 action for damages. The district court erred in granting summary judgment solely on this ground.
• Knecht v. Gillman
  488 F.2d 1136· 8th Cir.· 1973-12-05 ·cited 18×
  The court held that the involuntary administration of apomorphine, causing vomiting, constitutes cruel and unusual punishment under the Eighth Amendment, but its use with knowing and intelligent consent is permissible under specific guidelines.
• Knell v. Bensinger
  489 F.2d 1014· 7th Cir.· 1973-11-06 ·cited 18×
  The court held that an inmate's claim of denial of access to courts and procedural safeguards requires further factual determination, and that a claim regarding diminution of good time should also be reviewed.
• Houston Bassett v. Atlanta Indep. Sch. Dist.
  485 F.2d 1268· 5th Cir.· 1973-10-30 ·cited 18×
  The court held that the district court erred in ordering reinstatement and back pay for a position the plaintiff had explicitly rejected as a demotion, and reversed the award of attorney's fees.
• Den Hartigh v. Latin
  485 F.2d 1068· D.C. Cir.· 1973-10-05 ·cited 18×
  The court held that the District Court erred in transferring cases to Superior Court based solely on District of Columbia v. Carter, as federal question jurisdiction under 28 U.S.C. § 1331(a) may exist for claims of constitutional violations by D.C. officers, and the amount in co