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

• Graves v. Ennis J. Olgiati
  550 F.2d 1327· 2d Cir.· 1977-03-07 ·cited 14×
  The court held that while the dismissal was improper on res judicata grounds, the prisoner's constitutional claims were patently without merit and thus properly dismissed as frivolous.
• Rheuark v. Shaw
  547 F.2d 1257· 5th Cir.· 1977-03-03 ·cited 14×
  A prisoner's suit against a state court clerk and stenographer for failure to forward a transcript is a civil rights action, not a habeas corpus petition.
• Brown v. Commander Knox
  547 F.2d 900· 5th Cir.· 1977-02-25 ·cited 14×
  The district court erred in dismissing the § 1983 complaint and pendent state claims, as pendent jurisdiction required the court to hear the case.
• Wagle v. Murray
  546 F.2d 1329· 9th Cir.· 1976-11-10 ·cited 14×
  A teacher terminated for exercising First Amendment rights is not barred from federal court by failure to exhaust administrative remedies, especially when the state's administrative process is not essential or is easily bypassed.
• Joyce Thomas, R.N. v. Norton Younglove
  545 F.2d 1171· 9th Cir.· 1976-10-06 ·cited 14×
  The court held that the dismissal of the 42 U.S.C. § 1983 action was premature because the complaint stated a potentially actionable claim and the defendants' immunity defenses raised factual issues not resolvable at the pleading stage.
• Olshock v. Vill. OF Skokie
  541 F.2d 1254· 7th Cir.· 1976-09-17 ·cited 14×
  The court held that the record did not sustain a finding of clear and intentional discrimination by the Board, and thus the plaintiffs failed to meet their burden of proof for constitutional violations.
• Hill v. Estelle
  537 F.2d 214· 5th Cir.· 1976-08-20 ·cited 14×
  The court held that disparate prison regulations for male and female inmates regarding hair length, phone calls, and cell decoration do not violate equal protection or constitute cruel and unusual punishment.
• Miss. GAY Alliance & Anne DeBary v. Goudelock
  536 F.2d 1073· 5th Cir.· 1976-08-12 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that a student newspaper editor's decision to reject an advertisement does not constitute state action and is protected by the First Amendment, precluding judicial compulsion for publication.
• Cooper v. Riddle
  540 F.2d 731· 4th Cir.· 1976-08-02 ·cited 14×
  The court held that the procedural due process requirements delineated in Wolff v. McDonnell are not applicable to reclassification proceedings by the Institutional Classification Committee (ICC).
• Hazo v. Geltz
  537 F.2d 747· 3d Cir.· 1976-06-17 ·cited 14×
  The court held that the district court erred in granting absolute immunity to the deputy sheriff without a full factual record, and that a qualified immunity defense might be applicable.
• Berrios v. Inter Am. Univ.
  535 F.2d 1330· 1st Cir.· 1976-05-20 ·cited 14×
  The court held that the University's actions in suspending students did not constitute state action under 42 U.S.C. § 1983, as there was insufficient entanglement with the Commonwealth of Puerto Rico.
• Qualls v. Parrish
  534 F.2d 690· 6th Cir.· 1976-04-19 ·cited 14×
  The court held that the deputies had probable cause to stop the vehicle and lawfully used deadly force because the driver's actions constituted a felonious assault under Tennessee law, which the court adopted as the federal standard for this § 1983 action.
• Hamilton v. Tenn. Secondary Sch. Athletic Ass'n
  552 F.2d 681· 6th Cir.· 1976-04-08 ·cited 14×
  The court held that the privilege of participating in interscholastic athletics is not protected by the Fourteenth Amendment's due process clause.
• Williams v. Mary Ann Williams (formerly Walker)
  532 F.2d 120· 8th Cir.· 1976-03-31 ·cited 14×
  The court held that the prisoner's complaint was properly dismissed because the judge was immune from damages, the non-judicial defendants had no duty to provide notice, and injunctive/declaratory relief was barred by comity principles.
• Bryant v. Potts
  528 F.2d 621· 5th Cir.· 1976-03-15 ·cited 14×
  The court held that the district court erred by failing to consider a Texas tolling statute that may apply to an incarcerated plaintiff's claim.
• Reich v. City OF Freeport
  527 F.2d 666· 7th Cir.· 1975-12-24 ·cited 14×
  A former police officer lacks standing to challenge municipal ordinances as a citizen or taxpayer, and his claims regarding his discharge are barred by res judicata due to prior state court determination.
• Barrett v. Smith
  530 F.2d 829· 9th Cir.· 1975-12-12 ·cited 14×
  The court held that a pre-termination hearing is not constitutionally required for public employees in all circumstances, and the appellant failed to establish a likelihood of prevailing on the merits or suffering irreparable harm.
• Stone v. Philbrook
  528 F.2d 1084· 2d Cir.· 1975-12-03 ·cited 14×
  The court held that the district court erred in granting summary judgment because there is substantial doubt whether the Commissioner's regulations characterizing General Assistance as an emergency program requiring weekly reapplication and work search are within the rulemaking p
• Echols v. Sullivan
  521 F.2d 206· 5th Cir.· 1975-10-16 ·cited 14×
  The court held that the district court's judgment must be vacated and remanded because it failed to make adequate findings of fact and conclusions of law as required by Rule 52(a).
• Elmon Mims v. Bd. OF Educ. OF the City OF Chicago
  523 F.2d 711· 7th Cir.· 1975-09-24 ·cited 14×
  Although the court found plaintiffs' due process rights were violated by layoff procedures, they are not entitled to relief because the Board of Education is not a suable 'person' under § 1983 and the individual defendants are entitled to qualified immunity.
• Shirley v. Chagrin Falls Exempted Vill. Schs. Bd. OF Educ.
  521 F.2d 1329· 6th Cir.· 1975-09-16 ·cited 14×
  The court held that school board members are not liable for damages if they acted in good faith and reasonably believed their actions were constitutional, even if those actions later proved to violate clearly established law.
• Wilfred E. Watkins, M.D. v. Mercy Med. Ctr.
  520 F.2d 894· 9th Cir.· 1975-08-01 ·cited 14×
  The court held that the mere receipt of federal funds by a private hospital is insufficient to establish state action for purposes of a Section 1983 claim.
• Aldinger v. Merton L. Howard
  513 F.2d 1257· 9th Cir.· 1975-04-07 ·cited 14×
  A county is not a 'person' suable under 42 U.S.C. § 1983, and federal courts lack jurisdiction over pendent state law claims against a county when there is no independent federal jurisdiction over that party.
• Women's Liberation Union OF R.I. v. Israel
  512 F.2d 106· 1st Cir.· 1975-03-04 ·cited 14×
  The court held that a Rhode Island law prohibiting Class C liquor establishments from serving beverages to women violates the Equal Protection Clause of the Fourteenth Amendment.
• Andrews v. The Drew Mun. Separate Sch. Dist.
  507 F.2d 611· 5th Cir.· 1975-02-03 ·cited 14×
  The court held that the school district's rule automatically disqualifying parents of illegitimate children from employment violates the Equal Protection Clause because it creates an irrational classification and violates the Due Process Clause by creating an irrebuttable presump
• DOE v. Mundy
  514 F.2d 1179· 7th Cir.· 1975-01-30 ·cited 14×
  The court affirmed the district court's order granting a preliminary injunction, finding that the hospital's rule restricting abortions was likely unconstitutional and that the injunction was properly issued.
• Elian Bolanos v. Kiley
  509 F.2d 1023· 2d Cir.· 1975-01-29 ·cited 14×
  The court held that an alien's claim of constitutional violations by state officers does not grant a constitutional right to remain in the United States indefinitely, and the denial of an extension for voluntary departure is reviewed for abuse of discretion.
• Wells v. Malloy
  510 F.2d 74· 2d Cir.· 1975-01-23 ·cited 14×
  The court held that suspending a driver's license for non-payment of a tax, even if the tax is admittedly due, is not considered 'collection' under 28 U.S.C. § 1341, and thus the federal anti-injunction act does not bar federal court jurisdiction.
• Estien v. Christian
  507 F.2d 61· 3d Cir.· 1975-01-02 ·cited 14×
  The court held that the district court's award of attorney's fees was vacated because the record lacked sufficient information to apply the standards for determining reasonable fees established in Lindy Bros. Builders, Inc. of Phila. v. American R. & S. San. Corp.
• Stanton v. Bond
  504 F.2d 1246· 7th Cir.· 1974-10-30 ·cited 14×
  Failure of a state to comply with the Social Security Act's early and periodic screening, diagnosis, and treatment (EPSDT) provisions for persons under 21 justifies injunctive relief, and the sole remedy is not limited to reduction of federal payments.
• Davis v. Paul
  505 F.2d 1180· 6th Cir.· 1974-10-22 ·cited 14×
  The court held that disseminating a flyer labeling individuals as 'active shoplifters' based solely on arrest, without conviction or opportunity to be heard, violates the Due Process Clause of the Fourteenth Amendment.
• Roach v. Bd. OF Pardons & Paroles
  503 F.2d 1367· 8th Cir.· 1974-10-16 ·cited 14×
  The court held that denial of parole is not an increase in sentence and consideration of prior criminal record is permissible.
• Rampey v. Walt Allen
  501 F.2d 1090· 10th Cir.· 1974-08-16 ·cited 14×
  The majority opinion reversed the trial court's decision, finding that the non-renewal of faculty contracts constituted a violation of First Amendment rights. The dissenting opinion argues against this conclusion.
• Bergstralh v. Lowe
  504 F.2d 1276· 9th Cir.· 1974-08-06 ·cited 14×
  The court held that the district court erred in ruling as a matter of law that the arrest was legal, as conflicting evidence required jury determination.
• Wilkerson v. Meskill
  501 F.2d 297· 2d Cir.· 1974-07-25 ·cited 14×
  The court held that arguments not properly raised in the District Court cannot be considered on appeal, affirming the dismissal based on Eleventh Amendment immunity.
• Wishart v. McDONALD
  500 F.2d 1110· 1st Cir.· 1974-07-10 ·cited 14×
  A tenured teacher's dismissal for public conduct deemed unbecoming, even if occurring on private property, is not arbitrary or capricious and does not violate due process if the conduct could reasonably be seen as affecting his ability to teach.
• Tucker v. Duncan
  499 F.2d 963· 4th Cir.· 1974-07-09 ·cited 14×
  The court held that the malicious prosecution claim should not have been submitted to the jury because the prosecution was terminated by a nol-pros obtained by the plaintiff's attorney. However, the court affirmed the jury's findings on unlawful arrest and use of unlawful force.
• Fajeriak v. McGINNIS
  493 F.2d 468· 9th Cir.· 1974-02-11 ·cited 14×
  The court held that while nonconsensual interstate prisoner transfers alone do not violate due process, transfers made solely to penalize prisoners for religious activities do state a claim.
• Bryant v. Commonwealth OF Ky.
  490 F.2d 1273· 6th Cir.· 1974-02-04 ·cited 14×
  Witnesses testifying before a grand jury are immune from civil liability for malicious prosecution due to testimonial privilege.
• Sims v. Sheet Metal Workers Int'l Ass'n
  489 F.2d 1023· 6th Cir.· 1973-12-19 ·cited 14×
  The court held that while tests for union membership and apprenticeship may be facially neutral and validated, their administration can perpetuate past discrimination, violating Title VII. The district court erred in finding no post-Act discrimination regarding journeyman admissi
• Blouin v. Hon. Nanette Dembitz
  489 F.2d 488· 2d Cir.· 1973-12-13 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court affirmed the dismissal of the § 1983 action, holding that federal courts should abstain from deciding issues of state judicial administration that are best left to state courts.
• Sterling Maurice Williams v. Sepe
  487 F.2d 913· 5th Cir.· 1973-11-14 ·cited 14×
  The court held that procedural irregularities in a contempt proceeding do not constitute a clear absence of all jurisdiction, and thus do not abrogate judicial immunity.
• ROE v. Hollis S. Ingraham
  480 F.2d 102· 2d Cir.· 1973-05-24 ·cited 14×
  The court held that the claim that the New York Controlled Substances Act's central filing requirement for Schedule II drug prescriptions unconstitutionally invades privacy is substantial and requires a three-judge court to hear.
• Rojelio E. Rivera v. Toft
  477 F.2d 534· 10th Cir.· 1973-04-23 ·cited 14×
  The court held that the district court correctly dismissed the inmates' action because administrative remedies were not exhausted and the claims lacked merit.
• Cambist Films, Inc. v. Kobert W. Duggan
  475 F.2d 887· 3d Cir.· 1973-03-13 ·cited 14×
  District attorneys and detectives are immune from common law liability for actions taken in good faith within their jurisdiction, even if based on a mistake of fact.
• Rance Lee VIA v. Cliff
  470 F.2d 271· 3d Cir.· 1972-12-06 ·cited 14×
  The court held that a prisoner's allegations of denied consultation with counsel, if proven, could constitute an infringement of the constitutional right to counsel actionable under 42 U.S.C. § 1983, and that the district court's dismissal was premature.
• Miles Christman v. Skinner
  468 F.2d 723· 2d Cir.· 1972-10-30 ·cited 14×
  The court held that the first, third, and fourth causes of action were improperly dismissed, and the case should be remanded for further proceedings.
• Crabtree v. Brennan
  466 F.2d 480· 6th Cir.· 1972-08-10 ·cited 14×
  The court held that a teacher's non-renewal of contract does not violate federal law absent a constitutional right or class-based discriminatory animus.
• Goodwin v. Oswald
  462 F.2d 1237· 2d Cir.· 1972-06-19 ·cited 14×
  The court held that the Legal Aid Society's extensive communication to inmates, which included assertions about union recognition and potential conflict, was not merely legal advice but constituted solicitation and a threat to prison order, justifying prison officials' refusal to
• McCLENDON v. Rosetti
  460 F.2d 111· 2d Cir.· 1972-04-12 ·cited 14×
  The court held that Section 435-4.0 of the New York City Administrative Code is unconstitutional as applied to property seized from individuals, other than contraband, when criminal proceedings have terminated or the property is no longer needed as evidence, violating due process