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

• Winsett v. McGINNES
  617 F.2d 996· 3d Cir.· 1980-03-24 ·cited 73×
  The court held that the inmate's claim for injunctive relief was moot due to his parole and transfer, but his claims for damages and declaratory relief were not moot. The court also found that the inmate's due process claim regarding work release denials was not barred by the dis
• Garner v. Giarrusso
  571 F.2d 1330· 5th Cir.· 1978-04-26 ·cited 73×
  The court held that a municipality can be liable under 42 U.S.C. § 1981 for compensatory damages for mental anguish and humiliation, and that prior administrative proceedings do not bar a de novo trial on federal employment discrimination claims.
• Mahone v. Waddle
  564 F.2d 1018· 3d Cir.· 1977-08-24 ·cited 73×
  The court held that a cause of action under 42 U.S.C. § 1981 cannot be asserted against a municipality, and municipalities are not subject to suits for damages under the Fourteenth Amendment.
• Skehan v. Bd. OF Trs. OF Bloomsburg State Coll.
  538 F.2d 53· 3d Cir.· 1976-06-21 ·cited 73×
  The court held that attorney's fees may be awarded as costs against an immune sovereign for bad faith litigation, but not as damages for pre-litigation obduracy, and that official immunity for non-judicial state officials is qualified under Wood v. Strickland, requiring a remand
• United Farmworkers OF Fla. Hous. Project, Inc. v. The City OF Delray Beach
  493 F.2d 799· 5th Cir.· 1974-04-12 ·cited 73×
• Fitzke v. Shappell
  468 F.2d 1072· 6th Cir.· 1972-10-03 ·cited 73×
  The court held that the allegations of the complaint, if true, stated a cause of action under 42 U.S.C. § 1983 for denial of necessary medical care during incarceration, and that the submitted affidavits did not negate genuine issues of material fact, thus precluding summary judg
• Lockhart v. Hoenstine
  411 F.2d 455· 3d Cir.· 1969-05-09 ·cited 73×
  A public official acting pursuant to a court order is immune from suit under the Civil Rights Act of 1871, and summary judgment is appropriate if there is no genuine issue of material fact regarding whether the official acted under such an order.
• Colaizzi v. Walker
  812 F.2d 304· 7th Cir.· 1987-02-12 ·cited 72×
  The dissenting judge believes the appellees were entitled to due process protections and the defendant could be charged with knowledge of their right to a hearing.
• Morgan v. City OF Rawlins & Abe DeHerrera
  792 F.2d 975· 10th Cir.· 1986-06-03 ·cited 72×
  The court held that the district court erred in dismissing the federal action based on res judicata, as the prior state court proceeding did not constitute a full and fair adjudication of the § 1983 claims, and the defendant DeHerrera was not in privity with the City for the purp
• Jones v. Dodson
  727 F.2d 1329· 4th Cir.· 1984-02-07 ·cited 72×
  The dissenting judge believes a remand for a new trial is inappropriate because the issues of fact were adequately resolved by the special verdict.
• FOX v. Custis
  712 F.2d 84· 4th Cir.· 1983-07-13 ·cited 72×
  The court held that parole officers have discretion under Virginia law regarding arrests for parole violations, and are immune from liability for decisions made within the scope of that discretion.
• Corenna Taylor v. General Jimmie "Red" Jones
  653 F.2d 1193· 8th Cir.· 1981-06-30 ·cited 72×
  The court held that racial discrimination against military personnel is actionable under 42 U.S.C. § 1981, and affirmed the district court's findings of discrimination and injunctive relief, but remanded the back pay award.
• Finberg v. Sullivan
  634 F.2d 50· 3d Cir.· 1980-10-27 ·cited 72×
  The dissenting judge believes the majority erred in interpreting state procedural rules, asserting they provide due process in postjudgment proceedings.
• Allen v. Amalgamated Transit Union Local 788
  554 F.2d 876· 8th Cir.· 1977-05-09 ·cited 72×
  The court held that the Union engaged in racial discrimination by denying seniority rights and charging initiation fees to former CSC employees, and that the statute of limitations did not bar claims for continuing discrimination. The court also affirmed the availability of punit
• Kadar Corp. v. Milbury
  549 F.2d 230· 1st Cir.· 1977-02-15 ·cited 72×
  The court held that a complaint must allege specific overt acts to support claims of conspiracy and civil rights violations, and that causes of action accrue at the time of invasion, not the last overt act.
• Lecil Hander v. SAN Jacinto Junior Coll.
  519 F.2d 273· 5th Cir.· 1975-09-12 ·cited 72×
• Stolberg v. Members OF the Bd. OF Trs. FOR the State Colleges OF the State OF Conn.
  474 F.2d 485· 2d Cir.· 1973-01-29 ·cited 72×
  The court held that while the denial of additional compensatory and punitive damages was proper, the denial of attorneys' fees was an error, and the case should be remanded for their determination.
• Bethea v. Crouse
  417 F.2d 504· 10th Cir.· 1969-08-07 ·cited 72×
  The court held that the Warden is not liable for a private assault between inmates solely based on the severity of the force used.
• Morton Birnbaum v. Trussell
  371 F.2d 672· 2d Cir.· 1966-12-28 ·cited 72×
  The court held that the complaint sufficiently states a claim of deprivation of constitutional rights under Sections 1983 and 1985(3) based on racial discrimination in public employment.
• Hank R. McWHORTER v. City OF Birmingham
  906 F.2d 674· 11th Cir.· 1990-07-24 ·cited 71×
  The court held that the district court did not abuse its discretion in granting a new trial due to improper closing arguments, denying the recusal motion, or excluding witness testimony.
• DeVARGAS v. Mason & Hanger-Silas Mason Co., Inc.
  844 F.2d 714· 10th Cir.· 1988-04-07 ·cited 71×
  Private parties acting under a government contract are entitled to qualified immunity, and the denial of such immunity is immediately appealable, even if claims for injunctive relief remain pending.
• Rogero v. B.M. Noone
  704 F.2d 518· 11th Cir.· 1983-05-02 ·cited 71×
  A suit under Title VII cannot be maintained against a county tax collector who individually employs fewer than fifteen people, even if the county employs more, unless the county is joined as a party.
• Traver v. Meshriy
  627 F.2d 934· 9th Cir.· 1980-08-25 ·cited 71×
  The court held that a general verdict could be attributed to pendent state tort claims, even if a federal claim was weak, and that the evidence supported the jury's findings on those state claims.
• Nolvert P. Scott, Jr. v. The Univ. OF Del.
  601 F.2d 76· 3d Cir.· 1979-06-06 ·cited 71×
  An appellee may raise arguments supporting the judgment on appeal without filing a cross-appeal, even if those arguments challenge the trial court's reasoning or seek to modify the judgment in a way that protects the appellee's favorable outcome.
• Henry v. First Nat'l Bank OF Clarksdale
  595 F.2d 291· 5th Cir.· 1979-05-21 ·cited 71×
  The court held that the district court did not abuse its discretion in issuing preliminary injunctions to preserve the status quo pending appeal of a state court judgment, as federal jurisdiction was proper and abstention doctrines did not apply.
• Johnson v. Am. Credit Co. OF Ga.
  581 F.2d 526· 5th Cir.· 1978-10-06 ·cited 71×
  The Georgia prejudgment attachment scheme is facially unconstitutional because it lacks the required judicial scrutiny for the issuance of attachment writs, violating the Fourteenth Amendment's due process clause.
• Odessa Carrion v. Yeshiva Univ.
  535 F.2d 722· 2d Cir.· 1976-05-07 ·cited 71×
  The court affirmed the district court's dismissal of the discrimination claims and its award of attorney's fees to the defendant, finding the plaintiff's action to be frivolous and malicious.
• Keefe v. Geanakos
  418 F.2d 359· 1st Cir.· 1969-11-12 ·cited 71×
  The court held that the plaintiff had a high probability of prevailing on the merits regarding the use of an offensive word in an academic context and the lack of adequate notice, warranting interlocutory relief.
• Trellus Richmond v. Badia
  47 F.4th 1172· 11th Cir.· 2022-08-22 ·cited 70×
  A school resource officer was not entitled to qualified immunity on an excessive force claim under the Fourth Amendment when he grabbed a thirteen-year-old student's face, threw him to the ground using an armbar technique, and twisted his wrist, despite having arguable probable c
• Terrell v. Smith
  668 F.3d 1244· 11th Cir.· 2012-01-30 ·cited 70×
  Officer Smith of the Palm Bay Police Department shot and killed Aaron Zylstra during a traffic stop that escalated when Zylstra refused police commands, jumped back into his vehicle, and attempted to flee, striking Smith with the car door. The Eleventh Circuit held that Smith's u
• United States v. Lara
  905 F.2d 599· 2d Cir.· 1990-05-30 ·cited 70×
  The court held that extreme vulnerability of a defendant to prison victimization, due to personal characteristics not adequately considered by the Sentencing Commission, is a proper ground for a downward departure from the Sentencing Guidelines range.
• Minority Emps. OF THE Tenn. Dep't OF Emp. Sec. v. State OF Tenn.
  901 F.2d 1327· 6th Cir.· 1990-04-26 ·cited 70×
  The court holds that the notice of appeal was not sufficiently clear to include all plaintiffs, despite the dissent's view. The majority opinion provides clearer guidance for future cases.
• Chongris v. Bd. OF Appeals OF the Town OF Andover
  811 F.2d 36· 1st Cir.· 1987-02-12 ·cited 70×
  The court held that the plaintiffs failed to state federally cognizable causes of action under 42 U.S.C. § 1983, as their claims regarding building permit revocation and victualler's license denial did not violate due process or constitutional rights.
• Wright v. S. Ark. Reg'l Health Ctr., Inc.
  800 F.2d 199· 8th Cir.· 1986-09-02 ·cited 70×
  The denial of a claim of qualified immunity, even when it turns on the factual question of improper motivation, is an appealable final decision under the collateral order doctrine.
• Shoemaker v. Hal Handel
  795 F.2d 1136· 3d Cir.· 1986-07-10 ·cited 70×
  Warrantless breathalyzer and urine testing of jockeys in the highly regulated horse racing industry is permissible under the Fourth Amendment's administrative search exception, and the selective enforcement does not violate equal protection.
• Ward v. Cnty. OF SAN Diego
  791 F.2d 1329· 9th Cir.· 1986-03-03 ·cited 70×
  The court held that the law was sufficiently clear in May 1981 to subject a public official to civil liability for authorizing blanket strip searches of minor offense arrestees, but that the plaintiff was not a prevailing party entitled to attorney fees.
• Compton v. IDE
  732 F.2d 1429· 9th Cir.· 1984-05-08 ·cited 70×
  The court held that the plaintiffs' claims under 42 U.S.C. § 1983 and RICO were time-barred, and that the Bivens claims were properly dismissed via summary judgment.
• G.T. Scott v. Greenville Cnty.: C. Daniel Riddle
  716 F.2d 1409· 4th Cir.· 1983-09-14 ·cited 70×
  The court held that the plaintiff has standing to sue for racial discrimination and that the denial of a building permit may violate due process if arbitrary or capricious, but damages for delays caused by a state court appeal are limited.
• Rollins Freeman v. Franzen
  695 F.2d 485· 7th Cir.· 1982-12-15 ·cited 70×
  The court held that the district court erred in granting judgment notwithstanding the verdict for two defendants, and that the jury's punitive damages award against another defendant was supported by the evidence. The court also held that prisoners can bring claims for excessive
• Logan v. Norris Shealy
  660 F.2d 1007· 4th Cir.· 1981-10-07 ·cited 70×
  The court held that the strip search policy was unconstitutional and reversed directed verdicts for damages claims related to it, remanding for further proceedings. Other claims were affirmed.
• Whitehurst v. Wright
  592 F.2d 834· 5th Cir.· 1979-04-05 ·cited 70×
  The court affirmed the trial court's decisions, holding that post-death events cannot form the basis of a civil rights claim for the deceased and that the trial judge did not err in rulings on recusal, directed verdict, or impeachment.
• Salvadore Rotolo v. The Borough OF Charleroi
  532 F.2d 920· 3d Cir.· 1976-03-22 ·cited 70×
  The court held that the district court erred in dismissing civil rights complaints without allowing the plaintiff an opportunity to amend, particularly regarding jurisdictional allegations and conclusory factual claims.
• Nial Ruth COX v. A. M. Stanton, M.D.
  529 F.2d 47· 4th Cir.· 1975-10-06 ·cited 70×
  The court held that the statute of limitations for a civil rights action accrues under federal law when the plaintiff knows or has reason to know of the injury, not when the injury occurred under state law.
• McCRAY v. Burrell
  516 F.2d 357· 4th Cir.· 1975-04-10 ·cited 70×
  The court held that the appellate court cannot discard a district judge's inferences, which are part of the findings of fact. The court also discussed the evolving doctrine of exhaustion of administrative remedies in prisoner § 1983 cases.
• Lewis v. Kugler
  446 F.2d 1343· 3d Cir.· 1971-08-04 ·cited 70×
  The court held that federal courts should not abstain from hearing federal constitutional claims under the Civil Rights Act, but may dismiss claims seeking injunctions or declaratory relief against pending state criminal prosecutions absent a showing of bad faith or harassment. I
• ORR v. Trinter
  444 F.2d 128· 6th Cir.· 1971-06-16 ·cited 70×
  A public school teacher without tenure status does not have a constitutional right to be told the reasons for non-renewal of their contract or to a hearing, absent allegations of constitutionally impermissible reasons for the non-renewal.
• Ireland v. Prummell
  53 F.4th 1274· 11th Cir.· 2022-11-14 ·cited 69×
  Thomas Ireland's father appealed the district court's grant of summary judgment dismissing his claims arising from his son's death following a violent altercation with corrections officers at the Charlotte County Jail on August 24, 2015. The Eleventh Circuit affirmed the dismissa
• Barton Protective Servs., Inc. v. Faber
  745 So. 2d 968· Fla. 4th DCA· 1999-07-21 ·cited 69×
  A shopping mall security company (Barton) was held liable under 42 U.S.C. § 1983 for false arrest as a willful participant in joint action with police officers who arrested two men without probable cause. The court affirmed the liability finding but reversed the trial court's app
• Arnold v. Bd. OF Educ. OF Escambia Cnty.
  880 F.2d 305· 11th Cir.· 1989-08-10 ·cited 69×
  The court held that coercing a minor to abort violates her constitutional right to privacy and that coercing minors to refrain from consulting parents violates parental rights to direct upbringing. It also held that compelling action against religious beliefs can violate free exe
• Thomas v. Town OF Davie
  847 F.2d 771· 11th Cir.· 1988-06-21 ·cited 69×
  The court held that the district court erred in dismissing the plaintiff's § 1983 claim with prejudice without granting leave to amend the complaint.