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

• Deerfield Med. Ctr. v. City OF Deerfield Beach
  661 F.2d 328· 5th Cir.· 1981-11-13 ·cited 77×
  The court held that the district court abused its discretion in denying plaintiffs' motion for a preliminary injunction, as the city's zoning decision interfered with a fundamental right and was not justified by legitimate state interests.
• Slotnick v. Staviskey
  560 F.2d 31· 1st Cir.· 1977-07-28 ·cited 77×·via 42 U.S.C. § 1983 Action
  The court held that a plaintiff's § 1983 conspiracy claim against private parties acting with immune state officials fails if the complaint lacks specific factual allegations of conspiracy and if the alleged procedural defects do not rise to the level of constitutional violations
• Hines v. D'Artois
  531 F.2d 726· 5th Cir.· 1976-05-13 ·cited 77×
  A district court order staying a § 1981 employment discrimination suit pending exhaustion of Title VII administrative remedies is an appealable final order if it effectively puts the plaintiff out of court for an indefinite and protracted period.
• Wright v. McMANN
  460 F.2d 126· 2d Cir.· 1972-03-16 ·cited 77×
  The court held that the restoration of good time to Mosher and the award of damages to Wright against Warden McMann were improperly affirmed.
• Novak v. Beto
  453 F.2d 661· 5th Cir.· 1971-12-09 ·cited 77×
  The court held that Texas's regulation banning all inmate assistance in preparing legal writs is unconstitutional because the state failed to prove it provided reasonable alternatives. However, the court affirmed that solitary confinement as administered by Texas does not constit
• Marx v. Gumbinner
  905 F.2d 1503· 11th Cir.· 1990-07-13 ·cited 76×
  The court held that probable cause existed to arrest the plaintiff, barring his section 1983 claim for wrongful arrest.
• Sinaloa Lake Owners Ass'n v. City OF Simi Valley
  882 F.2d 1398· 9th Cir.· 1989-01-06 ·cited 76×
  The court held that the plaintiffs' Fifth Amendment taking claim was not ripe because they failed to seek compensation through available state procedures, but their Fourteenth Amendment due process claim was ripe and stated a claim upon which relief could be granted.
• Vicory v. Walton
  721 F.2d 1062· 6th Cir.· 1983-11-30 ·cited 76×
  The court should reverse and enter judgment for defendants based on prosecutorial immunity and the inapplicability of Parratt v. Taylor.
• Busche v. Burkee
  649 F.2d 509· 7th Cir.· 1981-05-21 ·cited 76×
  The court affirmed the district court's judgment regarding compensatory and punitive damages but remanded the award of attorney's fees for reconsideration.
• NEW Jersey Educ. Ass'n v. Burke
  579 F.2d 764· 3d Cir.· 1978-05-03 ·cited 76×
  The court held that the district court erred in abstaining under Younger v. Harris, and that the state court judgment's res judicata effect on federal claims depends on whether those claims were actually litigated in state court.
• Battle v. Park J. Anderson
  564 F.2d 388· 10th Cir.· 1977-10-26 ·cited 76×
  The court affirmed the district court's order requiring inmate population reductions, finding that the state failed to demonstrate a likelihood of success on appeal and that the order was necessary to remedy unconstitutional conditions.
• Williams v. Ward
  556 F.2d 1143· 2d Cir.· 1977-05-26 ·cited 76×
  The court held that a prisoner's claim for access to and rebuttal of information in his institutional files, which may affect parole, is a civil rights action under 42 U.S.C. § 1983, not a habeas corpus petition, and thus does not require exhaustion of state remedies.
• Adams v. S. Cal. First Nat'l Bank
  492 F.2d 324· 9th Cir.· 1973-10-04 ·cited 76×
  The dissenting judge would hold that creditors acted under color of state law and deprived debtors of due process by repossessing vehicles without a prior judicial hearing.
• Rodriguez v. Jones
  473 F.2d 599· 5th Cir.· 1973-02-06 ·cited 76×
  The court held that the officers' forcible entry was privileged under the common law standard of reasonable belief, and that exceptions to the notice requirement of the Texas Code of Criminal Procedure applied. The court also found that the plaintiffs failed to prove the defendan
• Freeman v. The Gould Special Sch. Dist. OF Lincoln Cnty.
  405 F.2d 1153· 8th Cir.· 1969-01-15 ·cited 76×
  The court held that the nonrenewal of public school teachers' contracts based on conclusory and unsupported charges of incompetence may state a claim for deprivation of constitutional rights under the Civil Rights Act.
• Isiah Carl Green v. McKASKLE
  788 F.2d 1116· 5th Cir.· 1986-05-05 ·cited 75×
  The court held that remedial court orders alone cannot serve as the basis for a § 1983 damage claim, and that certain claims of the prisoner plaintiff were improperly dismissed and should be remanded.
• Knapp v. Whitaker
  757 F.2d 827· 7th Cir.· 1985-03-05 ·cited 75×
  The court held that the school district's actions retaliated against the teacher for protected speech, but affirmed the denial of punitive damages and remanded for recalculation of compensatory damages.
• Wheeler v. City OF Pleasant Grove
  746 F.2d 1437· 11th Cir.· 1984-11-12 ·cited 75×
  The district court erred by failing to award damages on remand, as the prior appellate decision established the plaintiffs' entitlement to damages and the only remaining issue was the amount.
• Spaulding v. Univ. OF Wash.
  740 F.2d 686· 9th Cir.· 1984-07-03 ·cited 75×
  The court affirmed the lower court's decision, finding plaintiffs failed to prove violations of the Equal Pay Act and Title VII.
• Guillory v. Cnty. OF Orange
  731 F.2d 1379· 9th Cir.· 1984-04-25 ·cited 75×
  The court held that the district court erred in dismissing governmental entity defendants and individual defendants, and in granting a directed verdict for the remaining defendants.
• Sander Michael Halet v. Wend Inv. Co.
  672 F.2d 1305· 9th Cir.· 1982-01-25 ·cited 75×
  The court held that while racial discrimination claims under certain statutes were properly dismissed for lack of standing, the claim regarding the adults-only policy violating the right to family life under the Fourteenth Amendment and § 1983 should not have been dismissed, and
• Sweet v. S.C. Dep't OF Corr.
  529 F.2d 854· 4th Cir.· 1975-12-01 ·cited 75×
  The court held that indefinite solitary confinement to protect a prisoner from other inmates, when the prisoner has violated no rules, constitutes cruel and unusual punishment and violates due process and equal protection. The court also held that a prisoner's fear of death is no
• Greco v. Orange Mem'l Hosp. Corp.
  513 F.2d 873· 5th Cir.· 1975-05-29 ·cited 75×
  The court held that the hospital's policy of prohibiting non-therapeutic abortions did not constitute "state action" under the Fourteenth Amendment or 42 U.S.C. § 1983, as there was insufficient nexus between the county's involvement and the hospital's challenged policy.
• Williams v. Vincent
  508 F.2d 541· 2d Cir.· 1974-12-30 ·cited 75×
  The court held that a pro se prisoner's complaint alleging deliberate indifference to serious medical needs and denial of a fair hearing states a claim under 42 U.S.C. § 1983, but claims against a superintendent based on vicarious liability are dismissed.
• United States ex rel. Thomas Johnson v. Chairman OF NEW York State Bd. OF Parole & Comm'r of N.Y. State Dep't of Corr. Servs.
  500 F.2d 925· 2d Cir.· 1974-06-13 ·cited 75×
  The dissent argues that the prior ruling in Menechino v. Oswald, which denied due process rights in parole hearings, was not superseded by Morrissey v. Brewer and should still apply to deny a statement of reasons for parole denial.
• McCRAY v. State OF Md.
  456 F.2d 1· 4th Cir.· 1972-02-29 ·cited 75×
  A court clerk is not absolutely immune from suit under 42 U.S.C. § 1983 for negligence in performing ministerial duties that impede a litigant's access to the courts. Such negligence can violate a federally protected right.
• Jenkins v. Nell
  26 F.4th 1243· 11th Cir.· 2022-03-03 ·cited 74×
  The Eleventh Circuit reversed the grant of summary judgment, holding that the plaintiff presented sufficient circumstantial evidence to create a triable issue of intentional discrimination under the "convincing mosaic" framework, even if a prima facie case under McDonnell Douglas
• State of Fla. ex rel. Robert A. Butterworth v. Kenny
  714 So. 2d 404· Fla.· 1998-04-23 ·cited 74×
  The Florida Supreme Court held that the Capital Collateral Regional Counsel (CCRC) lacks statutory authority to represent death row inmates in civil rights lawsuits challenging the means of execution, but is limited to traditional postconviction relief actions challenging the val
• Unwin v. Police Officer Robert Campbell
  863 F.2d 124· 1st Cir.· 1988-12-09 ·cited 74×
  The dissent argues that interlocutory appeals for qualified immunity should not extend to purely factual determinations of evidence sufficiency.
• Ralph E. Nishiyama and wife v. Dickson Cnty.
  814 F.2d 277· 6th Cir.· 1987-03-18 ·cited 74×
  The court held that the plaintiffs' allegations of gross negligence by sheriffs in entrusting a patrol car to a convicted felon, who then murdered the plaintiff's daughter, stated a claim for deprivation of life without due process under 42 U.S.C. § 1983.
• Brewer v. Blackwell
  692 F.2d 387· 5th Cir.· 1982-11-29 ·cited 74×
  The court held that a justice of the peace is not immune from liability for non-judicial acts, and that police officers are protected by qualified immunity based on an objective good-faith standard. The court also found that the Parratt v. Taylor doctrine does not bar claims for
• Sutton v. City OF Milwaukee
  672 F.2d 644· 7th Cir.· 1982-03-18 ·cited 74×
  The court denied the state's petition for rehearing, clarifying that the state can intervene in the district court if the plaintiffs seek to reinstate a declaration of unconstitutionality.
• Putman v. Gerloff
  639 F.2d 415· 8th Cir.· 1981-01-28 ·cited 74×
  The court held that the jury instructions improperly applied Eighth Amendment standards to pre-trial detainees and that the directed verdict for Deputy Crowe was erroneous, requiring a new trial.
• Mrs. Christine Keyes v. Lauga
  635 F.2d 330· 5th Cir.· 1981-01-26 ·cited 74×
  The court held that the trial court did not abuse its discretion in refusing to admit rebuttal witnesses and that the jury instructions and interrogatories were sufficient. However, the damages awarded were excessive.
• Gorman Towers, Inc. v. Bogoslavsky
  626 F.2d 607· 8th Cir.· 1980-07-22 ·cited 74×
  Municipal legislators are absolutely immune from damage liability for enacting zoning ordinances, and private citizens are constitutionally privileged to petition the government for legislative action.
• Lavellee v. Carlo Listi
  611 F.2d 1129· 5th Cir.· 1980-02-15 ·cited 74×
  The court held that while a state statute of limitations applies to a § 1983 claim, federal law governs the accrual of the cause of action, requiring awareness of the injury and its cause.
• Johnson v. Duffy
  588 F.2d 740· 9th Cir.· 1978-12-27 ·cited 74×
  The court held that a public official can be liable under section 1983 for omissions that cause a deprivation of due process, even without direct personal participation in the forfeiture decision. The court also held that the good faith defense is unavailable if the official knew
• Adams v. Pate
  445 F.2d 105· 7th Cir.· 1971-06-23 ·cited 74×
  The court held that the district court did not err in dismissing the inmate plaintiffs' complaints for failure to state a claim or as frivolous.
• Stevenson v. The Bd. OF Educ. OF Wheeler Cnty.
  426 F.2d 1154· 5th Cir.· 1970-05-26 ·cited 74×
  The court held that school authorities can constitutionally maintain a reasonable good grooming rule for students, including a shaving requirement, if it is necessary to alleviate interference with the educational process and is not arbitrarily applied.
• Esteban v. Cent. Mo. State Coll.
  415 F.2d 1077· 8th Cir.· 1969-08-28 ·cited 74×
  A federal court's review of student discipline under the Civil Rights Act requires a de novo trial on the merits of federal rights denial, not an "substantial evidence" review of the school's proceedings.
• Long v. Parker
  390 F.2d 816· 3d Cir.· 1968-02-16 ·cited 74×
  The court should affirm the district court's judgment, as the Bureau of Prisons has taken reasonable measures to accommodate the religious needs of Black Muslim inmates.
• Negrich v. Hohn
  379 F.2d 213· 3d Cir.· 1967-06-16 ·cited 74×
  The court held that the plaintiff's complaint was insufficient because it contained broad, conclusory allegations unsupported by specific facts, failing to state a claim under the Civil Rights Act.
• Jenson v. Olson
  353 F.2d 825· 8th Cir.· 1965-12-16 ·cited 74×
  The court held that a federal court cannot relitigate issues already decided by state courts, and that a government employee's discharge for misconduct, even if involving speech, does not violate constitutional rights if the speech disrupted employment or if due process was affor
• Baines v. City OF Danville
  337 F.2d 579· 4th Cir.· 1964-08-10 ·cited 74×
  The court granted petitions for rehearing in two specific cases to consider the effect of newly enacted legislation on the prior disposition.
• Grandstaff v. The City OF Borger
  767 F.2d 161· 5th Cir.· 1985-08-05 ·cited 73×
  Police officers are liable under both Texas law and the Fourteenth Amendment for recklessly using deadly force that kills an innocent third party, even when the force might have been justified against the actual suspect. A municipality is liable under § 1983 for a policy of consc
• Matzker v. Herr
  748 F.2d 1142· 7th Cir.· 1984-10-31 ·cited 73×
• Vanelli v. Reynolds Sch. Dist. NO. 7
  667 F.2d 773· 9th Cir.· 1982-01-21 ·cited 73×
  A post-termination hearing can satisfy due process for a property interest if adequate, but a pre-termination hearing is required for a liberty interest when the dismissal is not an emergency. Damages are appropriate for the deprivation of the liberty interest.
• Schneider v. The City OF Atlanta (Bureau of Corrections)
  628 F.2d 915· 5th Cir.· 1980-10-24 ·cited 73×
  The court held that the district court committed plain error by submitting the question of whether the plaintiff's First Amendment rights were infringed to the jury, as this is a question of law for the court.
• Rheuark v. Shaw
  628 F.2d 297· 5th Cir.· 1980-09-24 ·cited 73×
  The court held that while appellate delay can violate due process, the county was not liable because the judge, not the commissioners' actions, was the proximate cause of the delay. Individual defendants were immune.
• Faye Elizabeth Hall v. Tawney
  621 F.2d 607· 4th Cir.· 1980-05-09 ·cited 73×
  Corporal punishment in public schools may violate substantive due process rights if it is brutal, demeaning, and harmful, shocking the conscience of the court, and such claims are cognizable under 42 U.S.C. § 1983. Claims against school officials directly involved in the punishme