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

• Jules Gassner v. City OF Garland
  864 F.2d 394· 5th Cir.· 1989-02-02 ·cited 15×
  An officer is entitled to qualified immunity for an arrest if a reasonable officer could have believed there was probable cause for the charged offense or a related offense, and the force used was reasonable given the arrestee's resistance.
• Alain Scofield v. City OF Hillsborough
  862 F.2d 759· 9th Cir.· 1988-12-07 ·cited 15×
  Due process does not require pre-towing notice for vehicles unregistered for over a year, but a post-towing hearing may be constitutionally required if timely requested and denied.
• William Lowary & Sara Wyatt v. Lexington Local Bd. OF Educ.
  854 F.2d 131· 6th Cir.· 1988-08-11 ·cited 15×
  The court held that it was an abuse of discretion for the district court to allow agency fees to be collected and placed in an escrow account when it found the procedures likely unconstitutional.
• Rainbow Coal. OF Okla. v. The Okla. State Election Bd.
  844 F.2d 740· 10th Cir.· 1988-04-18 ·cited 15×
  A dissenting justice argued that the defendant was entitled to a new appeal due to the trial court's improper use of collateral crimes evidence during the sentencing phase, which improperly influenced the imposition of the death penalty.
• Corselli v. Coughlin
  842 F.2d 23· 2d Cir.· 1988-03-15 ·cited 15×
  The court held that the district court erred in granting summary judgment because genuine issues of material fact existed regarding the plaintiff's claims of excessive force and cruel and unusual punishment due to cold exposure.
• Allen v. La. State Bd. OF Dentistry
  835 F.2d 100· 5th Cir.· 1988-01-05 ·cited 15×
  The court held that federal courts should abstain from hearing claims seeking to enjoin pending state administrative proceedings, but not claims for monetary damages or challenges to unrelated state statutes.
• Hershey v. City OF Clearwater
  834 F.2d 937· 11th Cir.· 1987-12-21 ·cited 15×
  The court held that the ordinance prohibiting lodging in vehicles in public areas, after severing the 'or sleep' provision, was constitutional and that probable cause existed for the arrest.
• Pesce v. J. Sterling Morton High Sch.
  830 F.2d 789· 7th Cir.· 1987-10-02 ·cited 15×
  The court held that the plaintiff's procedural and substantive due process rights were not violated, nor was his privacy right, as the school board provided adequate process and did not impose unconstitutionally vague or conflicting obligations.
• Newcomb v. Ingle
  827 F.2d 675· 10th Cir.· 1987-08-27 ·cited 15×
  The court held that the plaintiff's claims under 42 U.S.C. § 1983 and 18 U.S.C. § 2520 were barred by the statute of limitations, and affirmed the district court's dismissal.
• Gill v. Mooney
  824 F.2d 192· 2d Cir.· 1987-07-16 ·cited 15×
  The court held that while many of the prisoner's claims were properly dismissed, several allegations stated colorable claims for relief under the Eighth and Fourteenth Amendments.
• Whatley v. Philo
  817 F.2d 19· 5th Cir.· 1987-05-18 ·cited 15×
  The court held that the plaintiff failed to allege sufficient facts to show that the defendants' conduct violated clearly established constitutional law, thus affirming the dismissal based on qualified immunity.
• Jackson Warren v. City OF Lincoln
  816 F.2d 1254· 8th Cir.· 1987-04-17 ·cited 15×
  The court held that the trial court erred in its jury instructions regarding pretextual arrest and unlawful detention, and in dismissing the claim against the City. The issue of qualified immunity is a question of law for the trial court.
• Victorian v. Miller
  813 F.2d 718· 5th Cir.· 1987-04-07 ·cited 15×
  Food stamp claimants may bring an action under 42 U.S.C. § 1983 against state officials for violations of the Food Stamp Act, as the Act creates enforceable rights and does not foreclose § 1983 enforcement.
• Hamid R. Kashani v. Purdue Univ.
  813 F.2d 843· 7th Cir.· 1987-03-10 ·cited 15×
  The Eleventh Amendment bars suits against Purdue University and for damages against its officials in their official capacities, but not for prospective injunctive relief like reinstatement.
• Spence v. Bd. OF Educ. OF the Christina Sch. Dist.
  806 F.2d 1198· 3d Cir.· 1986-12-05 ·cited 15×
  The court held that the district court did not abuse its discretion in ordering a remittitur of emotional distress damages due to insufficient proof and in denying a new trial limited to damages, finding liability and damages intertwined.
• Lonneker Farms, Inc. v. Klobucher
  804 F.2d 1096· 9th Cir.· 1986-11-19 ·cited 15×
  The court held that the plaintiff's claims under 42 U.S.C. §§ 1983, 1985, and 1986, and potentially Bivens, were properly dismissed due to lack of jurisdiction and judicial immunity.
• Elena Ezpeleta, M.D. v. Sisters OF Mercy Health Corp.
  800 F.2d 119· 7th Cir.· 1986-08-27 ·cited 15×
  The court held that the termination of a physician's staff privileges at a private hospital was not subject to federal antitrust laws due to the state action doctrine, did not constitute state action for purposes of a Section 1983 claim, and was not arbitrary or capricious under
• Berman v. Fla. Bd. OF BAR Exam'rs
  794 F.2d 1529· 11th Cir.· 1986-07-25 ·cited 15×
  The District Court correctly determined it lacked subject matter jurisdiction over a § 1983 suit challenging a state court's denial of a bar admission application.
• Arnold Ritter, D.O. v. Cohen
  797 F.2d 119· 3d Cir.· 1986-07-23 ·cited 15×
  The court held that even if a medical provider had a property interest in participating in the state Medicaid program, the pre-termination notice and opportunity to respond, coupled with a post-termination hearing, satisfied due process requirements.
• Jurldine A. Donaldson v. Clark
  786 F.2d 1570· 11th Cir.· 1986-04-22 ·cited 15×
  The court held that the district court erred in granting summary judgment without proper notice under Rule 56 and in imposing Rule 11 sanctions without adequate procedural safeguards. The judgment was reversed and remanded.
• Owens v. City OF Atlanta
  780 F.2d 1564· 11th Cir.· 1986-01-30 ·cited 15×
  Individual city employees cannot be held liable under 42 U.S.C.A. § 1983 for merely negligent conduct, and the City of Atlanta cannot be held liable for maintaining a policy regarding use of a “stretch” restraining procedure without evidence of fault.
• Mauriello v. The Univ. OF Med. & Dentistry OF NEW Jersey
  781 F.2d 46· 3d Cir.· 1986-01-14 ·cited 15×
  The court held that the plaintiff's dismissal from the graduate program was an academic decision, and the informal evaluations and opportunities to present her case satisfied due process requirements, thus the jury's damage award and reinstatement order were erroneous.
• Johnson v. Verne ORR
  780 F.2d 386· 3d Cir.· 1986-01-13 ·cited 15×
  A state official acting as a designated federal agent under the National Guard Technicians Act does not act under color of state law when discharging federal employees. Furthermore, Congress intended the remedies provided by the Act to be exclusive, precluding section 1983 action
• Rose v. Town OF Harwich
  778 F.2d 77· 1st Cir.· 1985-12-03 ·cited 15×
  A prior state court judgment, even if characterized as a dismissal for 'lack of jurisdiction' due to a statute of limitations, has claim-preclusive effect and bars a subsequent federal suit on the same claims.
• Haddock v. Bd. OF Dental Exam'rs OF Cal.
  777 F.2d 462· 9th Cir.· 1985-11-26 ·cited 15×
  Title VII does not apply to state licensing boards' activities, but claims under 42 U.S.C. § 1983 and the Fourteenth Amendment may proceed.
• Beaudett v. City OF Hampton
  775 F.2d 1274· 4th Cir.· 1985-11-04 ·cited 15×
  The court held that a pro se litigant's vague references to potential claims do not obligate the district court to address issues not fairly presented, and affirmed the dismissal of the action.
• Massop v. Coughlin
  770 F.2d 299· 2d Cir.· 1985-08-08 ·cited 15×
  The court held that the district court erred in sua sponte dismissing a pro se prisoner's complaint before service of process.
• Welch v. McKENZIE
  765 F.2d 1311· 5th Cir.· 1985-07-22 ·cited 15×
  The court held that election irregularities, even if violating state law, do not constitute a Section 2 Voting Rights Act violation or a constitutional due process claim without evidence of racial discriminatory intent or effect on minority voters' opportunity to participate or e
• Planned Parenthood Association/Chicago Area v. Chicago Transit Auth.
  767 F.2d 1225· 7th Cir.· 1985-07-12 ·cited 15×
  The court held that the Chicago Transit Authority's advertising system had become a public forum by designation, and its rejection of Planned Parenthood's advertisement was an impermissible content-based restriction.
• Elliott v. The Univ. OF Tenn.
  766 F.2d 982· 6th Cir.· 1985-07-09 ·cited 15×
  The court held that unreviewed state administrative decisions do not have res judicata effect in federal civil rights actions, and therefore, the district court erred in granting summary judgment on these grounds.
• King v. Love
  766 F.2d 962· 6th Cir.· 1985-07-03 ·cited 15×
  Judges of courts of limited jurisdiction are entitled to absolute judicial immunity for judicial acts unless they act in the clear absence of all jurisdiction. A judge's alleged misleading of officers about a suspect's identity is a non-judicial act, not protected by immunity.
• Ward v. Haydee Kort
  762 F.2d 856· 10th Cir.· 1985-05-20 ·cited 15×
  The State of Colorado satisfies the requirements for providing meaningful access to the courts for mental patients committed after being found not guilty by reason of insanity, by providing contract attorneys to counsel them on their 42 U.S.C. § 1983 claims.
• Eames v. The City OF Logan
  762 F.2d 83· 10th Cir.· 1985-05-13 ·cited 15×
  The court held that the plaintiff's allegations of stigmatization and damage to his reputation were sufficient to state a claim for a liberty interest violation under § 1983, even though he failed to request a name-clearing hearing.
• Hadley v. Werner
  753 F.2d 514· 6th Cir.· 1985-01-28 ·cited 15×
  The court held that a claim challenging the validity of a conviction, even if framed as a damages action under 42 U.S.C. § 1983, must first be pursued through a habeas corpus petition to establish the illegality of confinement.
• Singer v. Wadman
  745 F.2d 606· 10th Cir.· 1984-09-27 ·cited 15×
  The court held that the trial judge did not err in refusing to disqualify himself and that summary judgment for the defendants was proper.
• Smith v. T.C. McCLAMMY
  740 F.2d 925· 11th Cir.· 1984-09-04 ·cited 15×
  The court held that the plaintiff's Title VII claim was not equitably tolled due to her own negligence in filing, and her § 1983 claim was barred by the statute of limitations.
• Poolaw v. City OF Anadarko
  738 F.2d 364· 10th Cir.· 1984-06-27 ·cited 15×
  Municipalities are immune from punitive damages under 42 U.S.C. § 1981, and the district court's findings on the Title VII claim and attorney's fees were not clearly erroneous.
• Tuttle v. City OF Okla. City
  728 F.2d 456· 10th Cir.· 1984-02-28 ·cited 15×
  The court held that the jury's finding of the officer's good faith was supported by evidence, and the trial court properly denied the City's motions and instructed the jury on municipal liability for gross negligence.
• Pueblo Int'l, Inc. v. de Cardona
  725 F.2d 823· 1st Cir.· 1984-01-26 ·cited 15×
  The court held that the district court properly removed the case to federal court based on federal question jurisdiction under 28 U.S.C. § 1441(b), allowing for the removal of pendent state claims.
• Holloway v. Dobbs
  715 F.2d 390· 8th Cir.· 1983-08-12 ·cited 15×
  The court held that the plaintiff's allegations did not state a claim for denial of access to the courts or for cruel and unusual punishment, and that the district court did not abuse its discretion in denying leave to amend the complaint.
• Galvan v. Giles Garmon
  710 F.2d 214· 5th Cir.· 1983-07-25 ·cited 15×
  A state probation officer is entitled to qualified immunity, not absolute immunity, for mistakenly causing the arrest and incarceration of a person on probation.
• S. Coop. Dev. Fund v. Driggers
  696 F.2d 1347· 11th Cir.· 1983-02-04 ·cited 15×
  The court held that the county commission could not deny a preliminary subdivision plat application based on reasons not contained within the applicable subdivision regulations, and that statutory provisions cited did not grant independent discretion to deny the plat.
• Hess v. Eddy
  689 F.2d 977· 11th Cir.· 1982-10-21 ·cited 15×
  A civil rights action is not time-barred if the real party in interest joins or ratifies the suit after the limitations period has run, provided the initial suit was filed within the period and Federal Rule of Civil Procedure 17(a) applies.
• Brown v. The City OF Palmetto
  681 F.2d 1325· 11th Cir.· 1982-08-02 ·cited 15×
  The court held that a motion for attorney's fees under 42 U.S.C. § 1988 was timely filed, but the denial of fees for the appeal was an abuse of discretion.
• Houston M. Evans v. The Harnett Cnty. Bd. OF Educ.
  684 F.2d 304· 4th Cir.· 1982-07-27 ·cited 15×
  The court held that the district court erred in failing to grant injunctive relief against an unlawful employment practice and in its allocation of the burden of proof regarding the plaintiff's individual claim.
• Hernandez v. Schwegmann Bros. Giant Supermarkets, Inc.
  673 F.2d 771· 5th Cir.· 1982-04-22 ·cited 15×
  The court held that the plaintiff failed to present evidence that the defendant's conduct constituted state action, affirming the directed verdict.
• Collins v. Chandler Unified Sch. Dist.
  644 F.2d 759· 9th Cir.· 1981-05-04 ·cited 15×
  The court held that allowing student-led prayer at school assemblies violates the Establishment Clause, but a parent who successfully sues on behalf of their child is a prevailing party eligible for attorneys' fees under 42 U.S.C. § 1988.
• Heritage Homes OF Attleboro, Inc. v. The Seekonk Water Dist.
  648 F.2d 761· 1st Cir.· 1981-03-31 ·cited 15×
  The court held that the district court erred in denying all compensatory damages based on a 'passing on' theory, and that punitive damages were appropriate given the egregious nature of the discrimination.
• Gowin v. Altmiller
  663 F.2d 820· 9th Cir.· 1981-03-23 ·cited 15×
  The court held that the § 1983 claims were barred by the statute of limitations, the malicious prosecution claim failed due to probable cause and prosecutorial independence, and the abuse of process claim failed for lack of evidence of improper purpose or act.
• Ehlers v. City OF Decatur
  614 F.2d 54· 5th Cir.· 1980-03-19 ·cited 15×
  Georgia's ante-litem notice statute, requiring exhaustion of administrative remedies, cannot constitutionally be applied to a § 1983 action for damages for deprivation of a constitutional right.