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

• Lombardi v. Tauro
  470 F.2d 798· 1st Cir.· 1972-12-15 ·cited 16×
  The court held that the Massachusetts rule requiring bar admission candidates to be graduates of a qualified law school does not violate the Fourteenth Amendment.
• Allen v. The City OF Mobile
  466 F.2d 122· 5th Cir.· 1972-09-07 ·cited 16×
  The court denied rehearing, affirming the lower court's decision regarding the police promotion test.
• Krahm v. Graham
  461 F.2d 703· 9th Cir.· 1972-05-10 ·cited 16×
  A federal court may enjoin pending state prosecutions under 42 U.S.C. § 1983 if "special circumstances" demonstrate bad faith enforcement and irreparable injury, but a blanket requirement for prior adversary hearings before all future prosecutions is overbroad.
• Christiana McSPADDEN v. Mullins
  456 F.2d 428· 8th Cir.· 1972-03-20 ·cited 16×
  The court held that the trial court erred in denying the motion to strike the affidavit and granting summary judgment because the affidavit contained inadmissible hearsay and controverted facts were not properly considered.
• Cooley v. The Bd. OF Educ. OF the Forrest City Sch. Dist.
  453 F.2d 282· 8th Cir.· 1972-01-06 ·cited 16×
  A public school teacher's mid-term discharge without notice of reasons and an opportunity to be heard violates procedural due process, absent a significant countervailing state interest.
• Drown v. Portsmouth Sch. Dist.
  451 F.2d 1106· 1st Cir.· 1971-12-01 ·cited 16×
  A school board's stated reasons for non-renewal of a teacher's contract are not arbitrary and capricious if they are related to the educational process or working relationships and are supported by facts, even if the teacher claims to be innovative.
• McNEAL v. Tate Cnty. Sch. Dist.
  460 F.2d 568· 5th Cir.· 1971-09-17 ·cited 16×
  The majority opinion, which the dissenting judge disagrees with, reversed the district court's judgment, imposing a duty on school boards to investigate prospective purchasers' use of sold property.
• Martin v. Pac. Nw. Bell Tel. Co.
  441 F.2d 1116· 9th Cir.· 1971-04-27 ·cited 16×
  The court held that a private corporation's regulated status as a public utility does not, by itself, make its employment decisions actionable under 42 U.S.C. § 1983.
• Biehunik v. Felicetta
  441 F.2d 228· 2d Cir.· 1971-03-05 ·cited 16×
  A compulsory lineup for police officers, even without probable cause, can be constitutionally permissible if it serves a substantial public interest in police integrity and is reasonably related to the officers' employment.
• Zapata v. Smith
  437 F.2d 1024· 5th Cir.· 1971-02-02 ·cited 16×
  A suit seeking back pay from government officials is considered a suit against the United States, making the United States an indispensable party that must be joined.
• Weddle v. Dir., Patuxent Inst.
  436 F.2d 342· 4th Cir.· 1970-12-30 ·cited 16×
  Jurisdiction for purely property claims under 42 U.S.C. § 1983 requires satisfaction of the amount in controversy requirement under 28 U.S.C. § 1331, not 28 U.S.C. § 1343(3).
• Knuckles v. Prasse
  435 F.2d 1255· 3d Cir.· 1970-12-28 ·cited 16×
  The court affirmed the district court's judgment, finding that while inmates were subjected to cruel and unusual punishment for a period, injunctive relief was not warranted as the practice had ceased, and monetary damages were not awarded.
• Honey v. Goodman
  432 F.2d 333· 6th Cir.· 1970-10-09 ·cited 16×
  The dissenting judge believes that § 1983 is not an exception to the prohibition in § 2283 against federal courts enjoining state proceedings.
• Arensman v. Brown
  430 F.2d 190· 7th Cir.· 1970-07-30 ·cited 16×
  The court held that prosecuting attorneys and hospital custodians are immune from civil liability for actions taken within their official capacities, and that federal courts should not interfere with state criminal proceedings absent exceptional circumstances.
• Beaumont v. Morgan
  427 F.2d 667· 1st Cir.· 1970-06-08 ·cited 16×
  The court held that the evidence was insufficient to support jury verdicts against the doctors, as they acted in good faith and in conformity with statutory procedures, and plaintiff failed to show deprivation of federally protected rights.
• Conklin v. Louie L. Wainwright
  424 F.2d 516· 5th Cir.· 1970-04-20 ·cited 16×
  The court held that limiting prisoners to 10 sheets of paper per day is not an abuse of discretion by prison authorities.
• Taylor v. Ky. State BAR Ass'n
  424 F.2d 478· 6th Cir.· 1970-03-26 ·cited 16×
  The court held that the district court properly dismissed the claim for a three-judge panel, but erred in not considering the claim for federal injunctive relief under 42 U.S.C. § 1983.
• Patrum v. City OF Greensburg
  419 F.2d 1300· 6th Cir.· 1969-12-10 ·cited 16×
  The court held that the district court did not err in refusing to exercise pendent jurisdiction over a state law claim against a city, even though the city could be liable under state law for a police officer's torts.
• Brown v. Louie L. Wainwright
  419 F.2d 1308· 5th Cir.· 1969-11-25 ·cited 16×
  The court held that a prisoner's claim regarding the removal of postage stamps from outgoing mail does not rise to the level of a federal claim cognizable under 42 U.S.C. § 1983.
• Herschel v. Dyra
  365 F.2d 17· 7th Cir.· 1966-07-18 ·cited 16×
• Moran v. Bench
  353 F.2d 193· 1st Cir.· 1965-12-01 ·cited 16×
  A plaintiff's conclusory allegation of conspiracy, without supporting facts, is insufficient to defeat summary judgment when defendants have provided explicit denials of improper motive and conspiracy.
• Coleman v. Courtland C. Peyton
  340 F.2d 603· 4th Cir.· 1965-01-08 ·cited 16×
  The court held that the district court should have provided the petitioner with an opportunity to amend his petition or offered him counsel, rather than denying it without an evidentiary hearing.
• O'Connor v. O'Connor
  315 F.2d 420· 5th Cir.· 1963-03-29 ·cited 16×
  The federal court correctly dismissed the action for lack of jurisdiction, as federal courts cannot review state court judgments under the Civil Rights Act unless a federally guaranteed right is violated.
• Romero v. Weakley
  226 F.2d 399· 9th Cir.· 1955-10-10 ·cited 16×
  The district court erred in refusing to consider class action complaints alleging racial segregation in public schools, as federal courts have jurisdiction and a duty to hear such cases.
• January Littlejohn v. Sch. Bd. of Leon Cnty. Fla.
  132 F.4th 1232· 11th Cir.· 2025-03-12 ·cited 15×
  January and Jeffrey Littlejohn challenged school officials' actions in creating a Student Support Plan for their child, who expressed a gender identity different from their parents' wishes, without parental notification or involvement under the school board's LGBTQ+ support guide
• T.R. v. Lamar Cnty. Bd. of Educ.
  25 F.4th 877· 11th Cir.· 2022-02-04 ·cited 15×
  The court held that school officials were not entitled to qualified immunity for strip searching a student without sufficient suspicion, and that the search was unreasonable under the Fourth Amendment.
• Domineque Hakim Marcelle RAY v. Comm'r, Ala. Dep't OF Corr.
  915 F.3d 689· 11th Cir.· 2019-02-06 ·cited 15×
  The Eleventh Circuit held that the district court erred in denying a stay of execution, finding a substantial likelihood of success on the Establishment Clause claim and that other equitable factors favored the stay.
• Carollo v. Boria
  833 F.3d 1322· 11th Cir.· 2016-08-17 ·cited 15×
  City officials terminated Joe Carollo as City Manager of Doral in retaliation for reporting alleged misconduct by the officials to law enforcement and making public disclosures about violations of campaign finance laws, financial disclosure laws, and corruption. The Eleventh Circ
• Pesci v. Budz
  730 F.3d 1291· 11th Cir.· 2013-09-23 ·cited 15×
  James Pesci, a civil detainee at a Florida facility for sexually violent predators, challenged a policy banning his newsletter "Duck Soup" as a violation of his First Amendment rights. The district court applied the Turner v. Safley standard for prison regulations and granted sum
• Dist. Attorney's Off. for the Third Jud. Dist. v. Osborne
  9th Cir.· 2009-06-18 ·cited 15×
  The court held that Alaska failed to provide an effective procedure for vindicating the liberty interest in demonstrating innocence through DNA testing, thus violating the Due Process Clause.
• Burge v. Ferguson
  619 F. Supp. 2d 1225· M.D. Fla.· 2008-12-16 ·cited 15×
  The court held that the complaint sufficiently alleged claims for malicious prosecution against Ferguson and a supervisory liability claim against Nieman, but failed to state claims for excessive force and conspiracy against Ferguson and Bowlin.
• Hollingsworth v. Brown
  788 So. 2d 1078· Fla. 1st DCA· 2001-06-05 ·cited 15×
  An inmate sued correctional officers for retaliatory conduct violating his First Amendment rights under 42 U.S.C. § 1983. The trial court dismissed for failure to exhaust administrative remedies. The court affirmed, holding that the Prison Litigation Reform Act requires exhaustio
• Brescher v. Pirez
  696 So. 2d 370· Fla. 4th DCA· 1997-01-15 ·cited 15×
  This civil rights case involves a 1984 shooting incident where plainclothes sheriffs deputies used deadly force against Miguel Pirez while attempting to arrest occupants of a van suspected in a burglary. The Fourth District Court of Appeal reversed the trial court's denial of sum
• Walker v. The City OF NEW York
  974 F.2d 293· 2d Cir.· 1992-09-04 ·cited 15×
  A municipality can be liable under § 1983 for a district attorney's deliberate indifference in failing to train or supervise prosecutors regarding Brady obligations, and for police officers' perjury, if such failures amount to deliberate indifference and are the proximate cause o
• Gooden v. Howard Cnty.
  954 F.2d 960· 4th Cir.· 1992-01-23 ·cited 15×
  The court held that the majority opinion improperly granted summary judgment by skewing summary judgment doctrine to favor the qualified immunity defense, failing to properly assess genuine issues of material fact.
• Willhauck v. Halpin
  953 F.2d 689· 1st Cir.· 1991-12-23 ·cited 15×
  The court affirmed the district court's dismissals and verdicts, finding no reversible error in the procedural history or the substantive rulings regarding the plaintiffs' civil rights claims.
• Temple Univ. v. White
  941 F.2d 201· 3d Cir.· 1991-07-30 ·cited 15×
  The court held that Pennsylvania's Medicaid payment rates were invalid because the state failed to make required findings on their reasonableness and adequacy, and affirmed the district court's injunctive relief.
• DEL Monte Dunes AT Monterey, Ltd. v. City OF Monterey
  920 F.2d 1496· 9th Cir.· 1990-12-12 ·cited 15×
  The court held that the regulatory takings claim is ripe for review because the property owners made substantial efforts to comply with the City's conditions, and further applications would be futile due to the City's arbitrary and contradictory actions.
• Timm v. Gunter
  917 F.2d 1093· 8th Cir.· 1990-10-26 ·cited 15×
  The court held that the majority erred in stripping prisoners of limited privacy rights granted by the district court, which were supported by evidence and law.
• Harris v. Cnty. OF Riverside
  904 F.2d 497· 9th Cir.· 1990-05-30 ·cited 15×
  The court held that the County's rezoning of Harris' property without individual notice violated his procedural due process rights, rendering the rezoning invalid.
• Labib Ismail v. Cohen
  899 F.2d 183· 2d Cir.· 1990-03-27 ·cited 15×
  The court held that the first jury's damage award was fair and reasonable, reversing the district court's remittitur and reinstating the original verdict. It also affirmed the district court's rulings on jurisdiction and evidence.
• Norwood L. White v. John J. Napoleon. Appeal of Norwood L. White
  897 F.2d 103· 3d Cir.· 1990-02-23 ·cited 15×
  The court held that the amended complaint sufficiently alleged deliberate indifference to serious medical needs and retaliation for exercising constitutional rights, thus surviving a motion to dismiss.
• Rabb Ra Chaka v. Lane
  894 F.2d 923· 7th Cir.· 1990-02-01 ·cited 15×
  A notice of appeal is not fatally defective for misidentifying the judgment appealed from if the correct judgment can be identified and the misidentification does not prejudice the appellee.
• Stefan v. Laurenitis
  889 F.2d 363· 1st Cir.· 1989-11-17 ·cited 15×
  The court held that plaintiffs who received a $16,000 settlement in a § 1983 action are prevailing parties entitled to attorneys' fees under 42 U.S.C. § 1988, as no special circumstances justified denial.
• Schall v. Joyce
  885 F.2d 101· 3d Cir.· 1989-09-15 ·cited 15×
  A district court's stay order, which effectively surrenders jurisdiction to a state court to litigate essential parts of a federal suit, is immediately appealable under 28 U.S.C. § 1291. Furthermore, abstention under Younger v. Harris is appropriate when state proceedings are jud
• Lafayette Brown, Jr. v. Ga. Dep't OF Revenue
  881 F.2d 1018· 11th Cir.· 1989-08-24 ·cited 15×
  The court held that the employee's claim that he was denied a right to notice of his appellate rights was deficient because he had actual notice of the rules and the due process clause does not require a state to advise an employee of appellate rights in a termination letter.
• Myron S. Harper v. Fed. Land Bank OF Spokane
  878 F.2d 1172· 9th Cir.· 1989-06-27 ·cited 15×
  There is no implied private right of action to enforce the Agricultural Credit Act of 1987.
• Wehunt v. Ledbetter
  875 F.2d 1558· 11th Cir.· 1989-06-27 ·cited 15×
  The court held that Title IV-D of the Social Security Act does not create an enforceable right for AFDC recipients to sue the state under 42 U.S.C. § 1983, and that the plaintiff lacked Article III standing to sue the Secretary for failure to enforce the Act.
• Emmons v. McLAUGHLIN
  874 F.2d 351· 6th Cir.· 1989-05-11 ·cited 15×
  The court held that the district court did not abuse its discretion in granting summary judgment and denying further discovery, as the plaintiff failed to present specific facts to support his claims and adequately justify the need for more discovery.
• Zombro v. Baltimore City Police Dep't
  868 F.2d 1364· 4th Cir.· 1989-03-03 ·cited 15×
  The court held that the Age Discrimination in Employment Act (ADEA) provides the exclusive remedy for age discrimination claims, precluding a separate action under 42 U.S.C. § 1983, even when the claim is framed as a Fourteenth Amendment violation.