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

• Carter v. Telectron, Inc.
  554 F.2d 1369· 5th Cir.· 1977-07-01 ·cited 12×
  A dismissal for failure to state a cause of action under 42 U.S.C. §§ 1981, 1983, or 1985 is a dismissal for lack of jurisdiction, not on the merits.
• Robinson v. Price
  553 F.2d 918· 5th Cir.· 1977-06-09 ·cited 12×
  The court held that the plaintiff's allegations of racial and religious wrongful dismissal were sufficiently detailed to withstand a motion to dismiss for failure to state a claim.
• Bellows v. Dainack
  555 F.2d 1105· 2d Cir.· 1977-05-16 ·cited 12×
  The court held that the trial court erred in allowing the plaintiff's counsel to improperly expand the issues and prejudice the jury, necessitating a new trial.
• Sparkman v. McFARLIN
  552 F.2d 172· 7th Cir.· 1977-03-23 ·cited 12×
  A state court judge who orders the sterilization of a minor without statutory or common law authority and without procedural due process acts extrajudicially and is not entitled to judicial immunity.
• Butler v. Frederick Hugh Hamilton as Dir. of the Black Educ. Program at the Univ. of Colo.
  542 F.2d 835· 10th Cir.· 1976-10-19 ·cited 12×
  The court held that the trial court's finding that the press conference was not the motivating cause of the appellants' dismissal was not clearly erroneous.
• Mayes v. Honn
  542 F.2d 822· 10th Cir.· 1976-10-07 ·cited 12×
  A Section 1983 civil rights action cannot be used to collaterally attack or appeal state court disbarment proceedings.
• Stadium Films, Inc. v. Baillargeon
  542 F.2d 577· 1st Cir.· 1976-09-23 ·cited 12×
  Police officers are not liable for damages for negligent errors of law in seeking or executing search warrants, and plaintiffs failed to prove officers actually knew of constitutional defects.
• Greene v. City OF Memphis
  535 F.2d 976· 6th Cir.· 1976-05-13 ·cited 12×
  The court held that the district court erred in dismissing the complaint for failure to state a claim under 42 U.S.C. § 1982 and § 1983.
• The Memphis Am. Fed'n OF Teachers v. The Bd. OF Educ. OF Memphis City Schs.
  534 F.2d 699· 6th Cir.· 1976-04-30 ·cited 12×
  The court held that the Board of Education's grant of exclusive privileges to the majority union did not violate the rival union's First Amendment rights and survived rational basis scrutiny under the Equal Protection Clause.
• Golden v. Biscayne BAY Yacht Club
  530 F.2d 16· 5th Cir.· 1976-04-15 ·cited 12×
  The court held that a lease of bay bottom land to a private yacht club, without more, does not constitute sufficient state involvement to activate the Fourteenth Amendment and § 1983 regarding the club's membership policies.
• Lawrence I. Weisman on his own behalf v. LeLANDAIS
  532 F.2d 308· 2d Cir.· 1976-03-22 ·cited 12×
  The court held that the district court's dismissal orders were final decisions and that the complaints sufficiently stated claims for relief under the Civil Rights Act and diversity jurisdiction, thus the dismissal was premature.
• Kipps v. Ewell
  538 F.2d 564· 4th Cir.· 1976-03-03 ·cited 12×
  The court held that the defendants were entitled to dismissal of the civil rights claims, either through immunity or the defense of good faith and probable cause.
• Pierson v. Grant
  527 F.2d 161· 8th Cir.· 1975-12-22 ·cited 12×
  A pre-release waiver of extradition, executed as a condition of parole, is valid if the individual generally understood the consequences of the waiver, even if not executed before a judge or fully advised of all rights under the Uniform Criminal Extradition Act.
• Kirkland v. The NEW York State Dep't OF Corr. Servs.
  531 F.2d 5· 2d Cir.· 1975-12-10 ·cited 12×·via Section 1983
  The court should have granted an en banc hearing to clarify the circuit's law on racial quotas as remedies for past discrimination, as such quotas are permissible to correct discriminatory effects.
• Jones v. The Pitt Cnty. Bd. OF Educ.
  528 F.2d 414· 4th Cir.· 1975-11-19 ·cited 12×
  The appellate court affirmed the district court's finding that the plaintiff's non-retention was based on professional incompetence, not racial discrimination, and that the district court's factual findings were not clearly erroneous.
• Johnson v. Reagan
  524 F.2d 1123· 9th Cir.· 1975-10-20 ·cited 12×
  The court held that the claims against state officials were properly dismissed, either due to immunity or failure to state a federal claim.
• Quinton David Palmer v. Hall
  517 F.2d 705· 5th Cir.· 1975-08-15 ·cited 12×
  The court held that while the officer's shooting of the plaintiff was actionable under 42 U.S.C. § 1983, the Mayor was not liable because his statements did not proximately cause the shooting.
• Gillette v. McNICHOLS
  517 F.2d 888· 10th Cir.· 1975-05-29 ·cited 12×
• Arline Nitzberg v. Parks
  525 F.2d 378· 4th Cir.· 1975-04-14 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Action
• Soldevila v. Sec'y OF Agric. OF the United States
  512 F.2d 427· 1st Cir.· 1975-03-13 ·cited 12×
  The court held that the district court erred in granting a preliminary injunction because the appellee failed to demonstrate extraordinary harm and had not exhausted administrative remedies.
• Brown v. D. C. Transit Sys., Inc.
  523 F.2d 725· D.C. Cir.· 1975-02-28 ·cited 12×
  A private employer's grooming regulation, applied equally to all employees regardless of race or sex, does not constitute "state action" and therefore does not violate the Fifth Amendment's due process clause.
• Tyler v. Witkowski
  511 F.2d 449· 7th Cir.· 1975-02-26 ·cited 12×
  A prosecutor is immune from civil liability for actions taken within the scope of his prosecutorial duties, even if the plaintiff alleges bad faith.
• Prostrollo v. The Univ. OF S.D.
  507 F.2d 775· 8th Cir.· 1974-12-06 ·cited 12×
  A university regulation requiring single freshmen and sophomores to live in residence halls is constitutional, as it bears a rational relationship to permissible state objectives, including educational benefits and financial stability.
• Phillips v. Money
  503 F.2d 990· 7th Cir.· 1974-09-13 ·cited 12×
  Detention of a vehicle by a private mechanic pursuant to a common law or statutory lien does not constitute state action under the Fourteenth Amendment, and therefore cannot form the basis for a claim under 42 U.S.C. § 1983.
• Goff v. Jones
  500 F.2d 395· 5th Cir.· 1974-09-12 ·cited 12×
  A pro se prisoner's complaint alleging denial of access to legal research materials states a claim for relief, even if counsel was appointed.
• Wallace v. Kern
  499 F.2d 1345· 2d Cir.· 1974-07-08 ·cited 12×
  A federal district court cannot establish a uniform rule for speedy trial based on arbitrary time periods, as the Sixth Amendment requires an ad hoc balancing test on a case-by-case basis.
• Eartha L. ST. ANN v. Palisi
  495 F.2d 423· 5th Cir.· 1974-06-06 ·cited 12×
  A school regulation that allows children to be suspended for their parents' misconduct violates the substantive due process guarantee of the Fourteenth Amendment because punishment must be based on personal guilt.
• Tollett v. Laman
  497 F.2d 1231· 8th Cir.· 1974-06-03 ·cited 12×
  The court held that the revocation of the plaintiff's trailer park license without proper notice violated his due process rights, requiring remand for determination of damages. Claims regarding fire investigation and electrical service termination were properly dismissed.
• Warth v. Ira Seldin
  495 F.2d 1187· 2d Cir.· 1974-04-18 ·cited 12×
  The court held that the appellants lacked standing to challenge the Town of Penfield's zoning laws because they failed to allege a sufficient personal stake or concrete injury in fact.
• Bracey v. Grenoble
  494 F.2d 566· 3d Cir.· 1974-03-18 ·cited 12×
  The court held that the district court's reliance on unadmitted interrogatory answers was impermissible, and thus, judgment for the defendant was not warranted.
• Wooten v. The First Nat'l Bank OF ST. Paul
  490 F.2d 1275· 8th Cir.· 1974-02-01 ·cited 12×
  The court held that appeals from the dismissal of a party and the denial of a three-judge court are not reviewable without a final order, and affirmed the denial of a temporary injunction.
• AD HOC Comm. ON Jud. Admin. v. Commonwealth OF Mass.
  488 F.2d 1241· 1st Cir.· 1973-12-20 ·cited 12×
  The court held that the complaint failed to state a justiciable cause of action because the federal judiciary cannot constitutionally order the restructuring and funding of an entire state court system.
• Stewart v. Pearce
  484 F.2d 1031· 9th Cir.· 1973-09-17 ·cited 12×
  The court held that an order for a psychiatric examination of a college instructor, stemming from his protest activities, was constitutionally invalid without prior notice and a hearing, thus violating his due process rights.
• Ross v. Blackledge
  477 F.2d 616· 4th Cir.· 1973-03-27 ·cited 12×
  The court held that the district court erred in granting summary dismissal without an evidentiary hearing, as prisoners are entitled to present evidence regarding their religious dietary needs.
• Fischer v. Hon. William T. Cahill
  474 F.2d 991· 3d Cir.· 1973-03-01 ·cited 12×
  The court held that a state prisoner's malpractice claim against a state agency is not cognizable under the Civil Rights Act, but a claim that the Parole Board denied parole without reasons may state a claim for denial of equal protection.
• Morris v. Mich. State Bd. OF Educ.
  472 F.2d 1207· 6th Cir.· 1973-01-25 ·cited 12×
  The court held that the district court had jurisdiction to issue a preliminary injunction regarding sex discrimination in noncontact interscholastic sports, but the injunction must be modified to exclude contact sports.
• Educ. Equal. League v. Honorable James H. J. Tate
  472 F.2d 612· 3d Cir.· 1973-01-11 ·cited 12×
  The court held that the district court erred in dismissing the class action, finding that the plaintiffs established a prima facie case of racial discrimination in the appointment of the Educational Nominating Panel.
• Culp v. Martin
  471 F.2d 814· 5th Cir.· 1973-01-10 ·cited 12×
  The court held that while claims for injunctive relief regarding jail conditions were moot due to the prisoners' return, their claims for damages and return of property remained viable.
• Krause v. Rhodes
  471 F.2d 430· 6th Cir.· 1972-11-17 ·cited 12×
  The court held that the pleadings were contrived and failed to disclose valid causes of action under Section 1983, attempting to avoid dismissal by omitting crucial background facts.
• Powell v. Detective Sylvester Jarvis and Mary Gamble
  460 F.2d 551· 2d Cir.· 1972-05-26 ·cited 12×
  The court held that the district court properly dismissed the complaint for failure to state a claim under the civil rights statutes, as the allegations were too vague and conclusory.
• Jones v. Superintendent, Va. State Farm
  460 F.2d 150· 4th Cir.· 1972-05-04 ·cited 12×
  An indigent prisoner is not entitled to a transcript at government expense without a showing of need, even if the transcript already exists.
• Norman v. Conn. State Bd. OF Parole
  458 F.2d 497· 2d Cir.· 1972-04-06 ·cited 12×
  The court held that the named plaintiff was no longer a member of the class he sought to represent, rendering his suit inadequate for class representation.
• Holland v. Purdy
  457 F.2d 802· 5th Cir.· 1972-03-17 ·cited 12×
  The court held that the petition for injunctive relief was moot because the petitioner was no longer subjected to the conditions he complained of.
• Morgan v. Rhodes
  456 F.2d 608· 6th Cir.· 1972-02-15 ·cited 12×
  The court held that a claim challenging the training, weaponry, and orders of the National Guard, which allegedly makes inevitable the use of force, presents a non-justiciable political question and fails to state a claim upon which relief can be granted.
• Benita Garvin v. Rosenau
  455 F.2d 233· 6th Cir.· 1972-02-07 ·cited 12×
  The court held that the district court erred in abstaining from hearing a First Amendment claim concerning student group recognition, as abstention is only appropriate in narrowly limited circumstances not present here. The court also held the federal question presented was subst
• Hayes v. Sec'y of Dep't of Pub. Safety
  455 F.2d 798· 4th Cir.· 1972-01-25 ·cited 12×
  The court held that a pro se plaintiff's allegations, when liberally construed, stated a cause of action under 42 U.S.C.A. § 1983, and the district court erred in dismissing the complaint as frivolous.
• Smith v. Blackledge
  451 F.2d 1201· 4th Cir.· 1971-12-08 ·cited 12×
  The court held that a motion to dismiss supported by outside facts must be treated as a motion for summary judgment, and that genuine factual disputes require denial of summary judgment.
• Yumich v. Cotter
  452 F.2d 59· 7th Cir.· 1971-10-13 ·cited 12×
  The dissenting judge would affirm the lower court's judgment, disagreeing with the majority's reversal.
• Stewart v. Dameron
  448 F.2d 396· 5th Cir.· 1971-09-16 ·cited 12×
  The court held that the district court erred in placing the burden of proof on the defendants regarding the good faith of the prosecution.
• Robinson v. Grier Davis
  447 F.2d 753· 4th Cir.· 1971-09-08 ·cited 12×
  The court held that the college's actions in a narcotics investigation, due to its entanglement with municipal services, constituted state action subject to the Fourteenth Amendment's due process clause.