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

• Thacker v. Whitehead
  548 F.2d 634· 6th Cir.· 1977-01-20 ·cited 16×
  The court held that granting summary judgment before the 10-day period expired is not reversible error if the unsuccessful party demonstrates no prejudice. The court also questioned jurisdiction under the Civil Rights statutes.
• Uzzell v. Friday
  547 F.2d 801· 4th Cir.· 1977-01-05 ·cited 16×
  The court held that the University's funding of the Black Student Movement was moot due to policy changes, but its race-based selection criteria for the Campus Governing Council and Student Honor Court violated the Fourteenth Amendment and Civil Rights Acts.
• Ford v. Byrd
  544 F.2d 194· 5th Cir.· 1976-12-16 ·cited 16×·via 42 U.S.C. § 1983 Claim
  The court held that claims for relief from confinement must proceed by habeas corpus, and prosecuting attorneys and state judges are immune from § 1983 suits.
• Application of Dr. Frank Kacher for an Order staying Writs of Replevin at Nos. 2966 & 2967 July Term v. Pittsburgh Nat'l Bank
  545 F.2d 842· 3d Cir.· 1976-11-02 ·cited 16×
  The majority held that Fuentes v. Shevin would not be applied retroactively to foreclosure proceedings commenced before its decision, barring Kacher's claim for damages.
• Kellerman v. Reubin Askew
  541 F.2d 1089· 5th Cir.· 1976-11-01 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court held that summary judgment was improperly granted because the plaintiff's allegations were sufficient to raise genuine issues of material fact regarding the defendants' knowledge and acquiescence in constitutional deprivations.
• Kenil K. Goss v. Revlon
  548 F.2d 405· 2d Cir.· 1976-10-29 ·cited 16×
  The court held that while a § 1981 claim could relate back and be timely, denial of leave to amend was not an abuse of discretion due to the plaintiff's undue delay and ignorance of the law. The court remanded for a determination on the amendment motion.
• In re the Warden OF the Wis. State Prison v. Inspector John Zajackowski
  541 F.2d 177· 7th Cir.· 1976-09-03 ·cited 16×
  A state prisoner does not have a fundamental right to attend the trial of a civil action unrelated to his confinement, but the state's refusal to transport prisoners to federal court on the same basis as state court constitutes a denial of equal protection.
• Plante v. Shivar
  540 F.2d 1233· 4th Cir.· 1976-08-30 ·cited 16×
  A district court must either exclude outside materials or notify parties when converting a Rule 12(b)(6) motion to a Rule 56 summary judgment motion.
• Bulah (Oliver) Harley v. Oliver
  539 F.2d 1143· 8th Cir.· 1976-07-26 ·cited 16×
  The court held that a judge is immune from liability under 42 U.S.C. § 1983 unless acting in the clear absence of jurisdiction, and that private parties acting in private capacities are not subject to § 1983 claims.
• Catrone v. Mass. State Racing Comm'n
  535 F.2d 669· 1st Cir.· 1976-05-18 ·cited 16×
  The court held that the district court should have abstained from deciding the federal constitutional claims until state courts could resolve the unresolved state law question regarding the plaintiff's right to access the track.
• Hochman v. Bd. OF Educ. OF the City OF Newark
  534 F.2d 1094· 3d Cir.· 1976-04-22 ·cited 16×
  Exhaustion of administrative remedies is not required for a nontenured teacher's federal court action under 42 U.S.C. § 1983 alleging First Amendment violations.
• Ginn v. Mathews
  533 F.2d 477· 9th Cir.· 1976-03-29 ·cited 16×
  The court held that the Economic Opportunity Council's (EOC) extensive entanglement with federal and state funding and regulation constituted sufficient state action to subject its employment decisions to constitutional limitations.
• Sullivan v. Meade Indep. Sch. Dist. NO. 101
  530 F.2d 799· 8th Cir.· 1976-02-26 ·cited 16×
  The court held that the school board members acted in good faith and did not violate the teacher's clearly established constitutional rights, thus they are not liable for damages. The court also affirmed the dismissal of the action due to the teacher's withdrawal of her reinstate
• Mafu Inada v. Sgt. Richard Sullivan
  523 F.2d 485· 7th Cir.· 1975-08-18 ·cited 16×
  The court held that the plaintiff stated a claim for relief regarding threats made to him and his potential deportation, vacating the district court's dismissal.
• COE v. Bogart
  519 F.2d 10· 6th Cir.· 1975-07-15 ·cited 16×
  A tenured teacher's transfer, if administrative and not punitive, does not deprive them of a constitutionally protected property interest under the Fourteenth Amendment.
• Chestnut v. City OF Quincy
  513 F.2d 91· 5th Cir.· 1975-05-21 ·cited 16×
  A police chief is not liable under 42 U.S.C. § 1983 for an officer's shooting if the chief had no knowledge of specific prior misconduct and no active control over the incident.
• Adkins v. The Duval Cnty. Sch. Bd.
  511 F.2d 690· 5th Cir.· 1975-04-21 ·cited 16×
  A Florida school board is not a "person" within the meaning of 42 U.S.C.A. § 1983, and therefore federal courts lack subject matter jurisdiction over claims brought solely against a school board under this statute.
• Allison "Pookie" Fortin v. Darlington Little League, Inc.
  514 F.2d 344· 1st Cir.· 1975-03-31 ·cited 16×
  The court held that denying a girl the opportunity to play Little League baseball based on sex, despite significant state involvement with the league, violates the Equal Protection Clause of the Fourteenth Amendment, as the purported physical differences do not justify the exclus
• Carroll v. Allyn R. Sielaff
  514 F.2d 415· 7th Cir.· 1975-03-20 ·cited 16×
  The court held that a complaint alleging loss of compensatory good time states a cause of action under 42 U.S.C. § 1983, and that summary judgment was inappropriate given unresolved factual issues and the plaintiffs' pro se status.
• Black v. Brown
  513 F.2d 652· 7th Cir.· 1975-03-20 ·cited 16×
  The court held that the dismissal of the plaintiff's claims for monetary and declaratory relief regarding denial of procedural due process, denial of access to courts, and cruel and unusual punishment was improper.
• Francine Newman v. The Bd. OF Educ. OF the City Sch. Dist. OF NEW York
  508 F.2d 277· 2d Cir.· 1975-01-06 ·cited 16×
  The court held that the federal due process claims were not raised or adjudicated in the prior state court proceeding, thus res judicata did not apply.
• Parks v. Harden
  504 F.2d 861· 5th Cir.· 1974-12-02 ·cited 16×
  The court held that the regulation allowing optional AFDC payments to expectant mothers was a valid exercise of agency discretion and did not mandate payments for unborn children.
• Parrish v. Bd. OF Comm'rs OF the Ala. State BAR
  505 F.2d 12· 5th Cir.· 1974-12-02 ·cited 16×
  The court held that the trial judge applied an erroneous legal standard in refusing to recuse himself, as the facts alleged in the affidavit provided sufficient support for the charge of a bent of mind that could impede impartiality.
• Amburgey v. Cassady
  507 F.2d 728· 6th Cir.· 1974-11-26 ·cited 16×
  The court held that the plaintiff waived her right to a jury trial, the district court did not abuse its discretion in refusing certain evidence, and the reasons for non-reemployment were constitutionally permissible.
• Tennyson v. GAS Serv. Co.
  506 F.2d 1135· 10th Cir.· 1974-11-26 ·cited 16×
  The court held that the Johnson Act precludes federal jurisdiction over challenges to state utility rate orders, even when framed as class actions seeking declaratory and monetary relief.
• Manchester v. Orlyn C. Lewis
  507 F.2d 289· 6th Cir.· 1974-11-25 ·cited 16×
  A public school teacher denied tenure due to unsatisfactory performance, even if the school board disliked their speech, cannot maintain a § 1983 action for violation of First Amendment rights.
• Chrisman v. Sisters OF ST. Joseph OF Peace
  506 F.2d 308· 9th Cir.· 1974-11-21 ·cited 16×
  The court held that a private hospital receiving federal funds and subject to state regulation is not acting under color of state law when refusing to perform a sterilization procedure based on religious beliefs, and that the claim for equitable relief was moot after the patient
• Gardner v. Judge C. Luckey, Jr.
  500 F.2d 712· 5th Cir.· 1974-09-16 ·cited 16×
  The court held that the appellants lacked standing to bring a class action challenging the Florida Public Defender system due to a failure to establish a case or controversy.
• Bates v. Dause
  502 F.2d 865· 6th Cir.· 1974-09-12 ·cited 16×
  The court held that the principals' support for an illegal teacher strike did not constitute protected speech under the First Amendment, thus the federal claim lacked substance and pendent jurisdiction over state law claims was improper.
• Ingraham v. Wright
  498 F.2d 248· 5th Cir.· 1974-07-29 ·cited 16×
  The court held that the district court erred in dismissing all three counts of the plaintiffs' complaint, reversing the decision and remanding for further proceedings.
• Wright v. Ark. Activities Ass'n (AAA)
  501 F.2d 25· 8th Cir.· 1974-07-16 ·cited 16×
  The court held that the Arkansas Activities Association's disciplinary ruling violated due process by imposing sanctions without fair notice of potential penalties for violating its regulations.
• Licia T. M. Cardinale v. Wash. Tech. Inst.
  500 F.2d 791· D.C. Cir.· 1974-06-25 ·cited 16×
  The court held that the plaintiff's complaint sufficiently stated a claim arising under the Constitution to invoke the District Court's jurisdiction under 28 U.S.C. § 1331.
• Singleton v. Vance Cnty. Bd. OF Educ.
  501 F.2d 429· 4th Cir.· 1974-05-08 ·cited 16×
  The court denied the petition for rehearing and motion to amend jurisdictional allegations, affirming the prior decision.
• Mickey Nowlin and Arlene Nowlin v. Prof'l Auto Sales, Inc.
  496 F.2d 16· 8th Cir.· 1974-04-25 ·cited 16×
  Self-help repossession of vehicles by private parties, authorized by state commercial codes, does not constitute state action for purposes of a 42 U.S.C. § 1983 claim.
• James v. Lusby
  499 F.2d 488· D.C. Cir.· 1974-04-24 ·cited 16×
  The District Court did not abuse its discretion in certifying the case to the Superior Court because the record did not demonstrate to a legal certainty that the amount in controversy exceeded the jurisdictional threshold.
• Shadid v. The Okla. City
  494 F.2d 1267· 10th Cir.· 1974-04-15 ·cited 16×
  The court held that the appellant was barred by res judicata from re-litigating issues already decided in state courts and that the district court properly exercised its discretion regarding intervention and denial of continuance.
• Jannetta v. Cole
  493 F.2d 1334· 4th Cir.· 1974-04-03 ·cited 16×
  A public employee dismissed for circulating a petition protesting a promotion, even if bypassing the chain of command, is entitled to reinstatement and back pay if the speech did not significantly disrupt public service efficiency and was protected by the First Amendment.
• Holland v. Connors
  491 F.2d 539· 5th Cir.· 1974-03-22 ·cited 16×
  The court held that a pro se inmate's complaint alleging deprivation of constitutional rights, even if inartfully pleaded, is sufficient to withstand dismissal if it appears beyond doubt that the plaintiff can prove no set of facts entitling him to relief.
• DOE v. Lukhard
  493 F.2d 54· 4th Cir.· 1974-02-26 ·cited 16×
  A single-judge district court has jurisdiction to decide a case on non-constitutional grounds, even if a three-judge court would normally be required, provided the constitutional claim is colorable and the non-constitutional grounds are dispositive.
• Akron Bd. OF Educ. & Conrad C. Ott v. State Bd. OF Educ. OF Ohio
  490 F.2d 1285· 6th Cir.· 1974-01-15 ·cited 16×
  The court held that plaintiffs have standing to sue and should be permitted to amend their complaint to add parties and assert jurisdiction under 28 U.S.C. § 1331.
• Haines v. Otto Kerner
  492 F.2d 937· 7th Cir.· 1974-01-14 ·cited 16×
  The court held that the plaintiff's due process rights were not violated and his Eighth Amendment claim was without merit, affirming the jury's verdict for the defendants.
• Wilson v. Lincoln Redev. Corp.
  488 F.2d 339· 8th Cir.· 1973-11-09 ·cited 16×
  The court held that the tenant's complaint failed to factually plead a denial of administrative due process, even if a hearing was required.
• Whitsel v. Se. Local Sch. Dist.
  484 F.2d 1222· 6th Cir.· 1973-09-25 ·cited 16×
  A teacher's insubordination and violation of school regulations, even if occurring during speech that might otherwise be protected, can be grounds for termination.
• Jackson v. Metro. Edison Co.
  483 F.2d 754· 3d Cir.· 1973-08-21 ·cited 16×
  The court held that the termination of utility service by a privately owned, heavily regulated utility company, absent specific state compulsion or direct involvement in the termination decision, does not constitute action 'under color of state law' for purposes of a Civil Rights
• Zack Green v. Dumke
  480 F.2d 624· 9th Cir.· 1973-06-18 ·cited 16×
  The court held that the college acted under color of state law for purposes of 42 U.S.C. § 1983, and that the student was denied due process because the hearing officer lacked substantial evidence to find the requisite intent for disqualification under federal law.
• Russell v. Bodner
  489 F.2d 280· 3d Cir.· 1973-05-29 ·cited 16×
  A pro se prisoner's Civil Rights Act complaint alleging a guard confiscated property under color of state law is not frivolous and should not be dismissed before service of process.
• Burr v. The NEW Rochelle Mun. Hous. Auth.
  479 F.2d 1165· 2d Cir.· 1973-05-25 ·cited 16×
  Due process requires procedural safeguards before a municipal housing authority imposes a general rent increase or service charge, but a formal adversary hearing is not necessary.
• Father John J. O'Malley v. Brierley
  477 F.2d 785· 3d Cir.· 1973-04-30 ·cited 16×
  The court held that priests do not have a constitutional right to enter a state penitentiary to conduct religious services or counseling, and thus their First Amendment claims for denial of access were properly dismissed via summary judgment. However, the court reversed summary j
• Barlow v. Al Amiss
  477 F.2d 896· 5th Cir.· 1973-04-30 ·cited 16×
  The court held that inmates awaiting trial stated a claim for deprivation of constitutional rights regarding mail censorship and correspondence.
• Lidie v. State OF Cal.
  478 F.2d 552· 9th Cir.· 1973-04-10 ·cited 16×
  The court held that plaintiffs could establish federal jurisdiction under 28 U.S.C. § 1337 and that the state's administration of the food stamp program constituted state action under 42 U.S.C. § 1983, but denied injunctive relief due to class action deficiencies and regulatory c