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

• Leggett v. Strickland
  640 F.2d 774· 5th Cir.· 1981-03-27 ·cited 14×
  The court held that the plaintiffs' Section 1983 action was time-barred because the complaint was not filed within the applicable two-year statute of limitations and the tolling statute did not apply.
• Bonnes v. Long
  651 F.2d 214· 4th Cir.· 1981-03-18 ·cited 14×
  The court held that plaintiffs were prevailing parties entitled to attorney's fees under 42 U.S.C. § 1988 because the consent order conferred a benefit by resolving uncertainty and expanding access rights, and no special circumstances justified denial.
• Rich v. Zitnay
  644 F.2d 41· 1st Cir.· 1981-03-13 ·cited 14×
  The court held that transferred prisoners retain a right to access Maine courts and that Maine officials remain responsible for ensuring this access, even if the prisoners are housed in federal facilities.
• Bob Raymon et ux v. Alvord Indep. Sch. Dist.
  639 F.2d 257· 5th Cir.· 1981-03-12 ·cited 14×
  A federal court abused its discretion by adjudicating a pendent state claim when the federal question presented was insubstantial.
• Tatum v. Sheriff Jake Houser
  642 F.2d 253· 8th Cir.· 1981-03-06 ·cited 14×
  The court affirmed the district court's judgment, finding that while the lower court erred in two of its three grounds for dismissal, the factual finding regarding the plaintiff's credibility was not clearly erroneous.
• Knights OF the KU Klux Klan v. E. Baton Rouge Parish Sch. Bd.
  643 F.2d 1034· 5th Cir.· 1981-02-23 ·cited 14×
• Bunting v. The City OF Columbia
  639 F.2d 1090· 4th Cir.· 1981-02-05 ·cited 14×
  The court held that the former police officers did not possess a constitutionally protected liberty or property interest in their employment that was violated by their dismissal without a hearing. However, they are entitled to a grievance hearing under state law.
• Myron J. Aufiero v. Clarke
  639 F.2d 49· 1st Cir.· 1981-01-22 ·cited 14×
  Events occurring prior to the Elrod decision date (June 28, 1976) are not subject to its holding, meaning plaintiff's demotion for past patronage activity was not constitutionally protected.
• George v. Evans
  633 F.2d 413· 5th Cir.· 1980-12-22 ·cited 14×
  The court held that an isolated assault by a prison guard on an inmate, not authorized or acquiesced in by high officials for a penal purpose, does not constitute cruel and unusual punishment under the Eighth Amendment.
• Pegues v. Morehouse Parish Sch. Bd.
  632 F.2d 1279· 5th Cir.· 1980-12-18 ·cited 14×
  The court held that the plaintiff's § 1983 claim was time-barred, but the Singleton claim should be remanded for a laches determination.
• Staten v. Hous. Auth. OF THE City OF Pittsburgh
  638 F.2d 599· 3d Cir.· 1980-11-25 ·cited 14×
  The court held that a local housing authority receiving federal funding is not automatically an "agency" of the United States immune from attorneys' fees awards under 28 U.S.C. § 2412. It also held that the district court must apply the "special circumstances" standard when consi
• City Investing Co. & GDV, Inc. v. Simcox
  633 F.2d 56· 7th Cir.· 1980-10-17 ·cited 14×
  The court held that the district court did not abuse its discretion in abstaining under the Pullman doctrine, as a state court's interpretation of the Indiana Takeover Act could moot the federal constitutional claims.
• Jerry v. Francisco
  632 F.2d 252· 3d Cir.· 1980-10-14 ·cited 14×
  The court held that the magistrate applied an incorrect standard in dismissing the prisoner's claims against the warden and that the prisoner's motion for additional witnesses should be reevaluated.
• Gibbs v. The Town OF Frisco City
  626 F.2d 1218· 5th Cir.· 1980-10-01 ·cited 14×
  The court held that the district court erred in requiring the plaintiff to pay half of the attorney's fees awarded under 42 U.S.C. § 1988, as such a reduction is not justified by the nature of the case.
• Hanna v. Toner
  630 F.2d 442· 6th Cir.· 1980-09-02 ·cited 14×
  The court held that the Burford abstention doctrine was inapplicable to a case alleging constitutional violations in a juvenile detention home, and federal courts have jurisdiction over such claims.
• Vodicka v. Phelps
  624 F.2d 569· 5th Cir.· 1980-08-20 ·cited 14×
  The court held that the regulation governing publications in prisons was constitutional both on its face and as applied, and that the refusal to distribute the newsletter was a reasonable measure to maintain prison security.
• Johnson v. Mateer
  625 F.2d 240· 9th Cir.· 1980-07-03 ·cited 14×
  Collateral estoppel does not bar a plaintiff from litigating Fourth Amendment issues in a Section 1983 action if those issues were previously raised in a state criminal suppression hearing, especially when federal habeas corpus is unavailable.
• White v. Wellington
  627 F.2d 582· 2d Cir.· 1980-07-02 ·cited 14×
  The court held that state officials have an absolute right to remove a case to federal court when they assert a colorable claim that their actions, if violative of state law, are justified by a duty to comply with federal law, specifically Title VII of the Civil Rights Act of 196
• Favis Clay Martin v. Aubuchon
  623 F.2d 1282· 8th Cir.· 1980-06-19 ·cited 14×
  The court held that claims for damages against judicial officers and a district attorney are barred by official immunity, claims against adoptive parents and a child welfare worker fail for lack of duty or state action, and equitable relief to vacate adoption decrees is barred by
• Manney v. Cabell
  654 F.2d 1280· 9th Cir.· 1980-04-29 ·cited 14×
  The court held that abstention under the Pullman doctrine was appropriate because the case involved sensitive social policy, state law could resolve the controversy, and the interpretation of state statutes regarding juvenile detention conditions was doubtful.
• Mitchell v. Hicks
  614 F.2d 1016· 5th Cir.· 1980-04-02 ·cited 14×
  The court held that the plaintiff's complaint adequately stated a claim for a due process violation, as prison regulations may create a liberty interest in remaining in general population status.
• McTEAGUE v. Sosnowski
  617 F.2d 1016· 3d Cir.· 1980-03-25 ·cited 14×
  The court held that the district court erred in dismissing the in forma pauperis complaint sua sponte under 28 U.S.C. § 1915(d) based on abstention principles, as the claim was neither frivolous nor malicious.
• Rosenthal v. Carr
  614 F.2d 1219· 9th Cir.· 1980-01-28 ·cited 14×
  Federal courts are barred by the abstention doctrine from enjoining pending state attorney disciplinary proceedings absent exceptional circumstances.
• Jackson v. Stephen Salon
  614 F.2d 15· 1st Cir.· 1980-01-23 ·cited 14×
  The court held that the district court properly dismissed the complaint for lack of federal jurisdiction and properly denied motions to amend and reconsider.
• United Land Corp. OF Am. v. Hartwell P. Clarke and George R. St. John
  613 F.2d 497· 4th Cir.· 1980-01-17 ·cited 14×
  The court held that the plaintiff had no legitimate claim of entitlement to the soil erosion permit, and therefore was not deprived of any property interest in violation of the fourteenth amendment, nor did the defendants conspire to violate civil rights.
• Tigges v. Nunzio Cataldo
  611 F.2d 936· 1st Cir.· 1979-12-28 ·cited 14×
  The court held that the district court did not err in preventing cross-examination regarding prior disciplinary actions and in its jury instructions on lawful arrest authority.
• Attwell v. Honorable H. E. Nichols
  608 F.2d 228· 5th Cir.· 1979-12-14 ·cited 14×
  The court held that the appellant failed to state a claim upon which relief could be granted regarding the constitutionality of Georgia's bar examination rule.
• Diebold v. Civil Serv. Comm'n OF ST. Louis Cnty.
  611 F.2d 697· 8th Cir.· 1979-12-10 ·cited 14×
  The court held that an employee's Fifth Amendment privilege against self-incrimination is not unconstitutionally threatened if he is not forced to choose between surrendering his job or waiving his privilege, even if administrative proceedings consider matters related to criminal
• Rowe v. State OF Tenn.
  609 F.2d 259· 6th Cir.· 1979-11-13 ·cited 14×
  The court held that actions of state administrators of a mixed federal and state program may be considered 'under color of state law' for purposes of 42 U.S.C. § 1983, even if federal law also applies.
• Sterling E. Dorsey v. Solomon
  604 F.2d 271· 4th Cir.· 1979-07-25 ·cited 14×
  Maryland must provide judicial commitment hearings to individuals acquitted by reason of insanity and summarily committed, shifting the burden of proof to the state to demonstrate dangerousness.
• Jensen v. Klecker
  599 F.2d 243· 8th Cir.· 1979-05-14 ·cited 14×
  The court held that the district court erred by converting a motion to dismiss into a motion for summary judgment without providing the pro se plaintiffs with notice and an opportunity to respond.
• Bowden v. McKENNA
  600 F.2d 282· 1st Cir.· 1979-05-09 ·cited 14×
  The court held that the exclusion of evidence identifying the decedent as a robber was erroneous, and the plaintiff's subsequent argument emphasizing his innocence was improper.
• Millard W. Simineo v. Sch. Dist. NO. 16
  594 F.2d 1353· 10th Cir.· 1979-03-22 ·cited 14×
  The court held that there was sufficient evidence to support the jury's verdict regarding the plaintiff's section 1983 claims, including First Amendment violations and lack of procedural due process, and that the trial court did not err in its evidentiary rulings or jury instruct
• Rainey v. Jackson State Coll.
  591 F.2d 1002· 5th Cir.· 1979-03-20 ·cited 14×
  The court held that individual state officials sued in their official capacities for injunctive relief under 42 U.S.C. § 1983 are liable for attorneys' fees under the Civil Rights' Attorneys' Fees Awards Act of 1976.
• Baskin v. Parker
  588 F.2d 965· 5th Cir.· 1979-02-01 ·cited 14×
  A sheriff can be vicariously liable under 42 U.S.C. § 1983 for a deputy's actions if state law provides for such liability, and a sheriff may be personally liable for punitive damages based on his own participation in unconstitutional conduct.
• Cooper v. Johnson
  590 F.2d 559· 4th Cir.· 1979-01-15 ·cited 14×
• McCLAIN v. Brown
  587 F.2d 389· 8th Cir.· 1978-11-17 ·cited 14×
  Magistrates are immune from civil liability for judicial acts performed within their jurisdiction, even if erroneous.
• Davis v. Freels
  583 F.2d 337· 7th Cir.· 1978-08-22 ·cited 14×
  The court held that the trial court erred in barring expert testimony regarding the angle of the shooting, which was crucial to determining the reasonableness of the officer's actions and the credibility of witness testimony.
• Neel v. Rehberg
  577 F.2d 262· 5th Cir.· 1978-07-27 ·cited 14×
  The court held that claims arising from alleged mistreatment while incarcerated are not time-barred as continuing wrongs, but claims regarding refusal to arrest prior to incarceration are time-barred. The court also held that Georgia's tolling statute for prisoners does not apply
• Kissell v. Breskow
  579 F.2d 425· 7th Cir.· 1978-07-18 ·cited 14×
  The court held that the Executive Secretary of the Disciplinary Commission is clothed with quasi-judicial immunity for actions taken in that role, and that no genuine issue of material fact existed to preclude summary judgment.
• Burke v. Jerry Miller, M.D.
  580 F.2d 108· 4th Cir.· 1978-07-06 ·cited 14×
  Witnesses in state judicial proceedings are absolutely immune from civil liability under 42 U.S.C. § 1983 and § 1985 for testimony given in their official capacity.
• Gabrilowitz v. Newman
  582 F.2d 100· 1st Cir.· 1978-06-21 ·cited 14×
  The court held that denying a student the right to consult with and be advised by counsel during a disciplinary hearing, when a related criminal case is pending, deprives the student of due process.
• Walden, III, Inc. v. State OF R.I.
  576 F.2d 945· 1st Cir.· 1978-06-05 ·cited 14×
  The court held that the three-year Rhode Island statute of limitations for personal injury actions is the most analogous to claims brought under 42 U.S.C. § 1983, and thus barred the plaintiffs' suit.
• Sacks Bros. Loan Co., Inc. v. Cunningham
  578 F.2d 172· 7th Cir.· 1978-05-24 ·cited 14×
  The Tax Injunction Act bars federal court intervention in state tax matters if a plain, speedy, and efficient state remedy exists, and the five-year statute of limitations applies to actions against public officers for acts in their official capacity.
• United States ex rel. Ricketts v. Lightcap
  567 F.2d 1226· 3d Cir.· 1977-12-14 ·cited 14×
  A state prisoner is not required to exhaust state administrative remedies before bringing an action under 42 U.S.C. § 1983 in federal court.
• Meiners v. Moriarity
  563 F.2d 343· 7th Cir.· 1977-10-06 ·cited 14×
  The court held that the jury instructions on malice for the defamation counterclaim were constitutionally deficient, requiring reversal and remand. The court affirmed the district court's finding that the defendants were public officials.
• Wagle v. Murray
  560 F.2d 401· 9th Cir.· 1977-09-02 ·cited 14×
  The court held that the jury instructions imposed a greater burden on the plaintiff than required by Mt. Healthy, and the evidence was sufficient for the jury to reach its verdict.
• Santiago v. Corporacion de Renovacion Urbana Y Vivienda de Puerto RICO
  554 F.2d 1210· 1st Cir.· 1977-05-18 ·cited 14×
  The court held that it need not decide whether CRUV is a 'person' under 42 U.S.C. § 1983 because an injunction against its officers effectively binds CRUV.
• Patterson v. Ramsey
  552 F.2d 117· 4th Cir.· 1977-03-31 ·cited 14×
  A discharged superintendent without tenure has no property interest in his job, and thus no federal constitutional claim regarding termination or stigmatization without a full hearing.
• Basil D. Ktsanes v. Honorable Robert C. Underwood
  552 F.2d 740· 7th Cir.· 1977-03-23 ·cited 14×
  The court held that the denial of a petition for waiver of a state bar rule was not a judicial proceeding appealable to the U.S. Supreme Court, and that a substantial federal question existed requiring a three-judge court.