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

• Collins v. Womancare
  878 F.2d 1145· 9th Cir.· 1989-06-23 ·cited 17×
  The court held that a citizen's arrest, even if authorized by state statute, does not automatically constitute action 'under color of state law' for purposes of 42 U.S.C. § 1983 when the arrest is made by private individuals without significant state involvement.
• Evans v. City OF Chicago
  873 F.2d 1007· 7th Cir.· 1989-04-27 ·cited 17×
  The court held that the City's practice of prioritizing payment of tort judgments under $1,000 over larger judgments did not violate equal protection, reversing its prior decision. The court also held that the City's budgetary scheme for paying different types of judgments from s
• Stevens v. GAY
  864 F.2d 113· 11th Cir.· 1989-01-23 ·cited 17×
  The court held that the Eleventh Amendment bars suits against state agencies, and a plaintiff cannot recover attorney's fees under § 1988 if the state entity cannot be held liable on the merits.
• Estiverne v. La. State BAR Ass'n
  863 F.2d 371· 5th Cir.· 1989-01-04 ·cited 17×
  The court held that the Louisiana Bar Journal is a nonpublic forum and that the Bar Association's refusal to publish the plaintiff's reply was reasonable and did not violate his First Amendment rights. The court also affirmed the dismissal of the defamation claim.
• Figueroa-Rodriguez v. Aquino
  863 F.2d 1037· 1st Cir.· 1988-12-09 ·cited 17×
  The court held that the defendant Aquino was entitled to qualified immunity from damages because it was not clearly established in 1985 that political affiliation was inappropriate for the plaintiff's position. The court also remanded the back pay award issue to determine Elevent
• Bilal Ali Salaam v. A.L. Lockhart
  856 F.2d 1120· 8th Cir.· 1988-09-09 ·cited 17×
  The court held that the district court erred in dismissing the complaint without considering the "also known as" (a/k/a) proposal in light of the Supreme Court's decision in Turner v. Safley.
• White v. Farrier
  849 F.2d 322· 8th Cir.· 1988-06-13 ·cited 17×
  The court held that genuine issues of material fact existed regarding whether the inmate was a transsexual and whether prison officials were deliberately indifferent to his medical needs, precluding summary judgment.
• Coleman v. Smith
  828 F.2d 714· 11th Cir.· 1987-09-28 ·cited 17×
  The court held that the notice of summary judgment was adequate, but summary judgment was improperly granted for one of the two disciplinary hearings due to the defendants' failure to respond to the allegations.
• Lucien Sherrod v. Berry
  827 F.2d 195· 7th Cir.· 1987-08-20 ·cited 17×
  The court held that the admission of evidence that the suspect was unarmed after the shooting was prejudicial and irrelevant, and that the jury instructions regarding prior misconduct were improper.
• SAN Francisco Cnty. Democratic Cent. Comm. v. March Fong EU
  826 F.2d 814· 9th Cir.· 1987-08-18 ·cited 17×
  The court held that California's prohibition on preprimary endorsements and its detailed regulation of political party structure violate the First Amendment rights of political parties and their members.
• Stinson v. Major General William A. Hornsby
  821 F.2d 1537· 11th Cir.· 1987-07-20 ·cited 17×
• Brandt v. Bd. OF Coop. Educ. Servs.
  820 F.2d 41· 2d Cir.· 1987-05-29 ·cited 17×
  The court held that placing stigmatizing charges in a discharged employee's personnel file, with a likelihood of disclosure to prospective employers, implicates a liberty interest requiring a name-clearing hearing.
• Wilson v. Stocker
  819 F.2d 943· 10th Cir.· 1987-05-14 ·cited 17×
  The court held that the Oklahoma statute prohibiting anonymous campaign literature distribution is facially overbroad and violates the First Amendment, and that attorney's fees were properly awarded under 42 U.S.C. § 1988.
• Tom U.U. Okure v. Javan Owens and Daniel G. Lessard
  816 F.2d 45· 2d Cir.· 1987-04-06 ·cited 17×
  The court held that the three-year statute of limitations for general personal injury actions in New York, N.Y.C.P.L.R. § 214(5), applies to all 42 U.S.C. § 1983 claims, as mandated by the Supreme Court in Wilson v. Garcia.
• Hamblen v. Cnty. OF LOS Angeles
  803 F.2d 462· 9th Cir.· 1986-10-23 ·cited 17×
  The court dismissed the appeal because the appellant failed to properly identify and object to the jury instruction at issue, and the attorney's brief was replete with procedural deficiencies.
• Galas v. Richard McKEE & the Metro. Gov't of Nashville
  801 F.2d 200· 6th Cir.· 1986-09-11 ·cited 17×
  The court held that a high-speed police pursuit of a traffic offender does not constitute an unreasonable seizure under the Fourth Amendment, nor does it violate the Fourteenth or Eighth Amendments. The court affirmed the grant of summary judgment for the defendants.
• Anela v. City OF Wildwood
  790 F.2d 1063· 3d Cir.· 1986-05-22 ·cited 17×
  The court held that a municipality's adherence to a state judge's illegal bail schedule, even if blatantly illegal, does not constitute a municipal policy for Monell liability purposes.
• Montauk-Caribbean Airways, Inc. v. Hope
  784 F.2d 91· 2d Cir.· 1986-02-14 ·cited 17×
  The court held that the Local Government Antitrust Act and the state action doctrine barred antitrust claims against the municipality, and that no private right of action exists under the Federal Aviation Act or § 1983.
• Bank OF Am. Nat'l Tr. & Sav. Ass'n v. Summerland Cnty. Water Dist. & Does I Through XV
  767 F.2d 544· 9th Cir.· 1985-07-26 ·cited 17×
  The court affirmed the district court's denial of a preliminary injunction and its stay of proceedings pending state court adjudication, finding abstention appropriate. The issue of counsel disqualification was remanded for further consideration.
• Littlejohn v. Rose
  768 F.2d 765· 6th Cir.· 1985-07-16 ·cited 17×
  The court held that denying a non-tenured teacher employment based on her divorce proceedings violates her constitutional right to privacy, and qualified immunity does not shield the superintendent from all forms of relief sought.
• Piarowski v. Ill. Cmty. Coll. Dist. 515
  759 F.2d 625· 7th Cir.· 1985-04-12 ·cited 17×
  A public college can relocate sexually explicit and racially offensive artwork displayed by a faculty member in a prominent campus location, even if it cannot suppress it entirely, without violating the First Amendment.
• Zanghi v. The Inc. Vill. OF OLD Brookville
  752 F.2d 42· 2d Cir.· 1985-01-04 ·cited 17×
  The court held that a prior administrative finding of probable cause collaterally estops claims based on that finding, but claims of excessive force and those related to resisting arrest are not precluded and require further proceedings.
• In re Kansas Congressional Districts Reapportionment Cases. Pat O'Sullivan v. Brier
  745 F.2d 610· 10th Cir.· 1984-10-05 ·cited 17×
  The court held that plaintiffs were prevailing parties entitled to attorney's fees under 42 U.S.C. § 1988, and that the fees awarded were reasonable, but remanded for determination of additional fees for the appeal.
• Ass'n OF Cmty. Orgs. FOR Reform NOW v. Municipality OF Golden
  744 F.2d 739· 10th Cir.· 1984-09-24 ·cited 17×
• Velazquez v. Chardon
  736 F.2d 831· 1st Cir.· 1984-06-21 ·cited 17×
  The court held that plaintiffs failed to allege sufficient facts to support a continuing violation theory, thus their claims were time-barred.
• Laskaris v. Thornburgh
  733 F.2d 260· 3d Cir.· 1984-04-24 ·cited 17×
  The court denied the petition for rehearing, meaning the prior panel decision stands.
• Gonzales v. The City OF Peoria
  722 F.2d 468· 9th Cir.· 1983-12-16 ·cited 17×
  Federal law does not preclude state and local police from enforcing criminal provisions of the Immigration and Naturalization Act, and Arizona law authorizes such arrests if supported by probable cause and constitutional procedures. However, detention at a police station constitu
• Santana v. Jenaro Collazo Collazo
  714 F.2d 1172· 1st Cir.· 1983-08-03 ·cited 17×
  The court held that while juveniles do not have a constitutional right to rehabilitative treatment, the conditions of their confinement, particularly in isolation, are subject to heightened scrutiny under the Due Process Clause and Eighth Amendment, and may be unconstitutional if
• DOE v. Pub. Health Tr. OF Dade Cnty.
  696 F.2d 901· 11th Cir.· 1983-01-24 ·cited 17×
  A parent has a constitutionally protected right to supervise the medical treatment of a minor child voluntarily admitted to a state psychiatric facility, and this right is violated when the facility prohibits parental access to information and communication with the child.
• Otey v. Best
  680 F.2d 1231· 8th Cir.· 1982-06-23 ·cited 17×
  The court held that the prison regulation prohibiting death row inmates from attending corporate worship services did not impermissibly infringe on the inmate's First Amendment right to free exercise of religion, as it was reasonably justified by institutional security concerns.
• Tidwell v. Schweiker
  677 F.2d 560· 7th Cir.· 1982-04-30 ·cited 17×
  The court held that the original DMH Form 623 violated 42 U.S.C. § 407 and that the named plaintiffs had standing to challenge the system. The court affirmed the award of attorney's fees but reversed the use of a lodestar multiplier.
• Dreibelbis v. Marks
  675 F.2d 579· 3d Cir.· 1982-04-12 ·cited 17×
  The court held that the district court erred in dismissing the inmate's civil rights complaint as frivolous without a sufficient factual record.
• Gallahan v. Cpl. B. B. Hollyfield
  670 F.2d 1345· 4th Cir.· 1982-02-09 ·cited 17×
  The court held that the prison regulation requiring prisoners to cut their hair was unconstitutional as applied to a prisoner whose sincere religious beliefs prohibited cutting his hair.
• Dasher v. The Supreme Court OF Tex.
  658 F.2d 1045· 5th Cir.· 1981-10-13 ·cited 17×
  The court held that the district court erred in granting summary judgment because the Board of Law Examiners did not change the rules and the plaintiff was not prejudiced by any alleged change.
• Columbus Educ. Ass'n v. Columbus City Sch. Dist.: Va. E. Printice
  623 F.2d 1155· 6th Cir.· 1980-06-30 ·cited 17×
• Crocker v. Hakes
  616 F.2d 237· 5th Cir.· 1980-05-02 ·cited 17×
  The court held that the city council's actions did not violate the appellant's constitutional rights, and therefore affirmed the grant of summary judgment.
• Voter Info. Project, Inc. v. City OF Baton Rouge
  612 F.2d 208· 5th Cir.· 1980-02-21 ·cited 17×
  The court held that the district court erred in dismissing claims alleging that at-large election schemes for judges invidiously dilute the voting strength of black citizens.
• Wilson v. Beebe
  612 F.2d 275· 6th Cir.· 1980-01-04 ·cited 17×
  A § 1983 action will not lie against police supervisory officers for failure to prevent misconduct absent a showing of direct responsibility.
• Francesco G. Campiti v. Walonis
  611 F.2d 387· 1st Cir.· 1979-12-18 ·cited 17×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that intercepting and disclosing a prison inmate's telephone conversation without consent, even using prison equipment, violates federal and state wiretapping statutes, and that a good faith belief that the interception was legal does not constitute a defense witho
• Kyees v. Cnty. Dep't OF Pub. Welf. OF Tippecanoe Cnty.
  600 F.2d 693· 7th Cir.· 1979-06-22 ·cited 17×
  Foster parents do not possess a constitutionally protected liberty interest in their relationship with a foster child that requires due process before removal, especially when the foster care arrangement is temporary and the state retains significant control.
• Myers v. Bull
  599 F.2d 863· 8th Cir.· 1979-06-11 ·cited 17×
  The court held that a police officer testifying in a judicial proceeding is not acting under color of law and that witnesses are absolutely immune from civil suits for their testimony, even if perjured.
• Thurston v. Dekle
  578 F.2d 1167· 5th Cir.· 1978-08-28 ·cited 17×
  The court held that municipalities can be sued under 42 U.S.C. § 1983 for constitutional violations implementing official policy, and vacated a back pay award for reconsideration in light of Monell.
• Gillard v. Schmidt
  579 F.2d 825· 3d Cir.· 1978-07-03 ·cited 17×
  The court held that a public employee has a reasonable expectation of privacy in their desk, and a warrantless search of that desk by a government official violates the Fourth Amendment, giving rise to a claim under 42 U.S.C. § 1983.
• Tyler v. "RON" Deputy Sheriff OR Jailor/Custodian OF Prisoners
  574 F.2d 427· 8th Cir.· 1978-04-18 ·cited 17×
  The court held that a prisoner's temporary confiscation of legal papers does not violate constitutional rights if it does not interfere with access to the courts.
• Mason v. Schaub
  564 F.2d 308· 9th Cir.· 1977-11-08 ·cited 17×
  The court held that the three-year statute of limitations for actions based upon a liability created by statute applies to 42 U.S.C. § 1983 claims brought in Nevada.
• O'Brien v. Colbath
  465 F.2d 358· 5th Cir.· 1972-08-29 ·cited 17×
  A claim for malpractice against court-appointed counsel is not cognizable under the Civil Rights Act.
• Hooks v. Kelley
  463 F.2d 1210· 5th Cir.· 1972-07-07 ·cited 17×
  The court held that a prisoner's allegation of transfer due to court access is a serious claim that warrants an evidentiary hearing.
• Perley Wilson v. Prasse
  463 F.2d 109· 3d Cir.· 1972-06-22 ·cited 17×
  The court held that the jury instructions regarding the reasonableness of prison rules for religious practice were proper and that the issue was a question for the jury. It also found no prejudicial error in defense counsel's statement about damages or in the handling of inconsis
• Conway v. Oliver
  429 F.2d 1307· 9th Cir.· 1970-08-20 ·cited 17×
  The court held that the prisoner's claim of denial of access to the courts was demonstrably false based on court records, supporting the dismissal of the action as frivolous.
• Sheridan v. Williams
  333 F.2d 581· 9th Cir.· 1964-06-18 ·cited 17×
  The court held that a claim under 42 U.S.C. § 1983 against city police officers for unlawful seizure of property is properly brought in federal court, but claims against federal agents and the city itself are not.