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

• Adolph Lyons v. City OF LOS Angeles
  656 F.2d 417· 9th Cir.· 1981-08-17 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the order granting a preliminary injunction and dismissed the cross-appeal.
• Hickory Fire Fighters Ass'n v. The City OF Hickory
  656 F.2d 917· 4th Cir.· 1981-08-03 ·cited 16×
  The court held that the city's restrictions on the firefighters' association's speech at council meetings and the picketing ordinance may violate the First Amendment, and remanded for further factual determination.
• Tonti v. Petropoulous
  656 F.2d 212· 6th Cir.· 1981-07-27 ·cited 16×
  The Sixth Circuit affirmed the district court's directed verdict for the defendants and its award of attorney fees, finding that the federal court lacked jurisdiction and that Tonti's claims were barred by res judicata and lacked evidentiary support.
• Perry Local Educators' Ass'n v. Hohlt
  652 F.2d 1286· 7th Cir.· 1981-06-24 ·cited 16×
  The court held that granting exclusive access to a school's internal mail system to one union while denying it to a competing union violates the First Amendment and Equal Protection Clause.
• Kelsey v. Dr. Ewing
  652 F.2d 4· 8th Cir.· 1981-06-24 ·cited 16×
  The court held that the district court erred in dismissing the inmate's complaint, as sufficient unrebutted allegations raised genuine factual issues regarding unconstitutional medical care.
• Greyling Byron Poats v. Givan
  651 F.2d 495· 7th Cir.· 1981-06-10 ·cited 16×
  The court held that Indiana's rule limiting bar examination attempts to four is constitutional and satisfies due process and equal protection requirements.
• Muhammad v. Rowe
  638 F.2d 693· 7th Cir.· 1981-04-13 ·cited 16×
  The court held that the plaintiff raised issues of material fact entitling him to a hearing, especially given the denial of counsel and lack of notice regarding opposing affidavits.
• Cole v. Gray
  638 F.2d 804· 5th Cir.· 1981-03-02 ·cited 16×
  The court held that executive defendants Gray and Cummings were protected by qualified immunity, while state legislators Jones and Holmes were not immune for actions outside the legislative process and lacked sufficient evidence for a conspiracy claim.
• Garcia v. Irba Cruz de Batista
  642 F.2d 11· 1st Cir.· 1981-02-26 ·cited 16×
  The court held that the plaintiff's allegations, combined with the existence of disciplinary regulations and established penal practice, were sufficient to state a claim for a constitutionally protectible liberty interest in remaining in the halfway house program.
• Lecates v. Just. OF the Peace Court NO. 4 OF the State OF Del.
  637 F.2d 898· 3d Cir.· 1980-12-30 ·cited 16×
  The Supreme Court's dismissal of a prior case for want of a substantial federal question, under Hicks v. Miranda, binds lower courts on the precise issues presented and decided.
• Robert M. v. Benton
  634 F.2d 1139· 8th Cir.· 1980-12-01 ·cited 16×
  The court held that an employee of a state educational agency, even if not directly involved in a child's education, is prohibited from conducting a due process hearing under the Education for All Handicapped Children Act if the agency is involved in the child's education.
• Loughney v. Hickey
  635 F.2d 1063· 3d Cir.· 1980-11-07 ·cited 16×
  The court held that the district court's judgment should be vacated and the case remanded for reconsideration in light of the Supreme Court's subsequent decision in Branti v. Finkel, which established a new test for political discharge claims.
• Imam ALI Abdullah Akbar v. Canney
  634 F.2d 339· 6th Cir.· 1980-11-05 ·cited 16×
  Prison officials are not constitutionally required to change their records to reflect a prisoner's adopted name.
• Ofelia Ibarra and Jose Prundea v. Bexar Cnty. Hosp. Dist.
  624 F.2d 44· 5th Cir.· 1980-08-15 ·cited 16×
  The court held that the district court correctly applied the Pullman abstention doctrine, affirming the dismissal of the suit.
• Donnie Ray Clay v. Miller
  626 F.2d 345· 4th Cir.· 1980-07-16 ·cited 16×
  The court held that the exercise opportunities provided at Halifax County Jail satisfied minimum constitutional and state standards, and thus summary judgment for the defendant was proper.
• Cabrera v. Municipality OF Bayamon
  622 F.2d 4· 1st Cir.· 1980-05-28 ·cited 16×
  The court affirmed the contempt order against the mayor but vacated the dismissal of the municipality and remanded for further proceedings. The court also affirmed the dismissal of claims against the mayor in his personal capacity.
• Averhart v. Tutsie
  618 F.2d 479· 7th Cir.· 1980-04-09 ·cited 16×
  The Due Process Clause and the Indiana Administrative Adjudication Act do not apply to parole release determinations by the Indiana Parole Board because Indiana prisoners lack a protectible interest in parole.
• Int'l Oceanic Enters. v. Menton
  614 F.2d 502· 5th Cir.· 1980-03-27 ·cited 16×
  A prevailing party in a § 1983 action is entitled to attorneys' fees under § 1988 unless special circumstances render an award unjust, and factors like the financial interests involved or the defendants' status as mere functionaries do not constitute such circumstances.
• Kelsey v. State OF Minn.
  622 F.2d 956· 8th Cir.· 1980-03-18 ·cited 16×
  The court held that a prisoner's constitutional right of access to the courts can be satisfied by adequate alternative means, even if the prison law library is inadequate.
• Patsy v. Fla. Int'l Univ.
  612 F.2d 946· 5th Cir.· 1980-02-28 ·cited 16×
  Exhaustion of administrative remedies is not a prerequisite for a 42 U.S.C. § 1983 suit.
• Coyne-Delany Co., Inc. v. Cap. Dev. Bd. OF the State OF Ill.
  616 F.2d 341· 7th Cir.· 1980-02-22 ·cited 16×
  A state government has broad discretion in choosing suppliers for its needs, and a disappointed supplier has no legally enforceable right to sell to the government.
• Woodson v. Fulton
  614 F.2d 940· 4th Cir.· 1980-02-07 ·cited 16×
  The court should affirm the district court's judgment barring Woodson's claims by res judicata.
• Whitley v. Seibel
  613 F.2d 682· 7th Cir.· 1980-01-25 ·cited 16×
  The court held that a plaintiff's failure to present an alibi at a preliminary hearing is relevant to a subsequent civil rights claim, and the trial court's instruction to the contrary was reversible error.
• Mahoning Women's Ctr. v. Hunter
  610 F.2d 456· 6th Cir.· 1979-12-18 ·cited 16×
  A city ordinance imposing costly and unnecessary medical and building code regulations on first-trimester abortion clinics is invalid because it unduly burdens a woman's constitutional right to choose an abortion and denies equal protection.
• Sala v. Cnty. OF Suffolk
  604 F.2d 207· 2d Cir.· 1979-08-17 ·cited 16×
  The court held that a municipality is afforded immunity from damages under § 1983 when its policy was not constitutionally infirm under then-existing law and there was no evidence of bad faith by those formulating the policy.
• Sydney Spiegel v. Sch. Dist. NO. 1
  600 F.2d 264· 10th Cir.· 1979-06-14 ·cited 16×
  The court held that the plaintiff's federal civil rights claim was barred by the statute of limitations because he failed to file within two years of his termination, and his prior state court action did not toll the limitations period.
• Louie F. BAY v. W. Pac. R.R. Co.
  595 F.2d 514· 9th Cir.· 1979-04-19 ·cited 16×
  Section 55 of the Federal Employer's Liability Act (FELA) does not create a private cause of action for employees; it only voids contracts or devices that attempt to exempt a carrier from FELA liability.
• Bennie G. Carr v. Watts
  597 F.2d 830· 2d Cir.· 1979-04-17 ·cited 16×
  The court held that the trial court's procedure for jury selection impermissibly impaired the plaintiff's statutory right to exercise peremptory challenges.
• Annabel Stoddard v. Sch. Dist. NO. 1
  590 F.2d 829· 10th Cir.· 1979-01-05 ·cited 16×
  The court held that a school district could be liable under 42 U.S.C. § 1983 for the actions of its Board of Trustees, and that a jury's finding of bad faith and constitutionally impermissible reasons for non-renewal, despite a general verdict against individual defendants, could
• Lang v. Wyrick
  590 F.2d 257· 8th Cir.· 1978-12-19 ·cited 16×
  The court held that the district court did not abuse its discretion in denying the motion to set aside the judgment of dismissal.
• T & W Inv. Co., Inc. v. Kurtz
  588 F.2d 801· 10th Cir.· 1978-12-18 ·cited 16×
  A receiver acting under the supervision and orders of the appointing court is entitled to judicial immunity from suits under 42 U.S.C. § 1983.
• Smith v. Conley
  584 F.2d 844· 8th Cir.· 1978-09-11 ·cited 16×
  The court held that the trial court did not abuse its discretion in excluding expert testimony as improper rebuttal evidence.
• Martin v. Euda Delcambre
  578 F.2d 1164· 5th Cir.· 1978-08-25 ·cited 16×
  The court held that a plaintiff is collaterally estopped from relitigating facts underlying a § 1983 claim if those facts were resolved against him in a prior, valid state court conviction.
• Claudio Bauza v. Carrion
  578 F.2d 447· 1st Cir.· 1978-06-20 ·cited 16×
  The court held that the school's admissions practices, even if deviating from published regulations, did not violate the Fourteenth Amendment's equal protection or due process clauses without evidence of intentional discrimination or a deprivation of a clearly established entitle
• Palmer v. Ticcione
  576 F.2d 459· 2d Cir.· 1978-05-16 ·cited 16×
  Compulsory retirement statutes, including those for teachers, are constitutional under the rational basis test, and claims of due process violations based on irrebuttable presumptions or lack of hearings are also rejected.
• Ornstein v. Regan
  574 F.2d 115· 2d Cir.· 1978-04-04 ·cited 16×
  The court held that the plaintiff's federal constitutional claims were not barred by res judicata because they were not actually litigated in the state courts.
• Jones v. City OF SAN Antonio
  568 F.2d 1224· 5th Cir.· 1978-03-06 ·cited 16×
  The court affirmed the district court's grant of summary judgment for the City and the award of costs.
• Edwards v. Joyner
  566 F.2d 960· 5th Cir.· 1978-01-27 ·cited 16×
  The court held that the district court did not abuse its discretion in denying the Rule 60(b) motion, and this denial is affirmed.
• McMORRIS v. Alioto
  567 F.2d 897· 9th Cir.· 1978-01-18 ·cited 16×
  A limited search conducted as a condition of entering a state courthouse is consistent with the constitutional prohibition against unreasonable searches and seizures.
• Lyons v. Salve Regina Coll. & Sheila M. Megley, Ph.d.
  565 F.2d 200· 1st Cir.· 1977-11-25 ·cited 16×
  The court held that the college's grade appeals committee's recommendation was not binding on the Dean, and the District Court erred in treating it as such.
• Jamison v. McCURRIE
  565 F.2d 483· 7th Cir.· 1977-11-18 ·cited 16×
  The court held that the dismissal of the City was proper and a comment by the trial judge about a pending state court suit was not prejudicial enough to warrant a new trial.
• Hunter v. Clardy
  558 F.2d 290· 5th Cir.· 1977-08-29 ·cited 16×
  An arrest made with probable cause, even with a collateral bad motive, does not constitute a false arrest under Georgia law or a violation of 42 U.S.C. § 1983.
• Holton v. Crozer-Chester Med. Ctr.
  560 F.2d 575· 3d Cir.· 1977-08-03 ·cited 16×
  The court held that the dismissal order is appealable as an interlocutory order denying injunctive relief and vacated the dismissal, remanding for the district court to consider the plaintiffs' motion to amend their pleadings.
• Lasky v. Sheriff Lawrence Quinlan
  558 F.2d 1133· 2d Cir.· 1977-07-29 ·cited 16×
  The judgment of contempt must be vacated because the action is moot, as the named plaintiffs are no longer incarcerated and class certification was denied.
• Kirkley David v. Pitser Garrison and Ed Wareing
  553 F.2d 923· 5th Cir.· 1977-06-10 ·cited 16×
  The trial court's findings of fact adequately supported its conclusion that at-large elections in Lufkin diluted the voting strength of black citizens.
• Elssy Rivas Tenorio v. Liga Atletica Interuniversitaria
  554 F.2d 492· 1st Cir.· 1977-05-03 ·cited 16×
  The court held that the actions of the Liga Atlética Interuniversitaria (LAI) constitute Commonwealth action subject to constitutional scrutiny, and that the regulation discriminating against non-Puerto Rican athletes on its face requires strict judicial review.
• Turco v. The Monroe Cnty. BAR Ass'n
  554 F.2d 515· 2d Cir.· 1977-04-21 ·cited 16×
  The court held that the appellant's federal due process and equal protection claims were barred by res judicata and collateral estoppel because they had been raised and decided in state courts and the U.S. Supreme Court.
• Russell v. Oliver
  552 F.2d 115· 4th Cir.· 1977-03-14 ·cited 16×
• Morrison v. Officer Maxie Jones
  551 F.2d 939· 4th Cir.· 1977-03-14 ·cited 16×
  The court held that a claim for deprivation of constitutional rights, analogous to malicious prosecution, accrues upon the favorable termination of the underlying criminal proceedings, not upon arrest.
• Sell v. Parratt
  548 F.2d 753· 8th Cir.· 1977-02-02 ·cited 16×
  The court held that Nebraska prison officials could not permanently confiscate money found in inmates' possession without express statutory authority, as such confiscation without due process violates the Fourteenth Amendment.