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

• Walker v. Oswald
  449 F.2d 481· 2d Cir.· 1971-07-20 ·cited 12×
  There is no constitutional right to counsel at a minimum sentencing hearing conducted by the Parole Board, as it is an administrative function akin to parole release hearings, not a judicial sentencing proceeding.
• Waddy v. Davis
  445 F.2d 1· 5th Cir.· 1971-06-28 ·cited 12×
  The court held that relief from the effects of a criminal conviction cannot be granted through collateral attacks on those effects; the conviction itself must be challenged.
• Brady v. Superintendent, Anne Arundel Cnty. Detention Ctr.
  443 F.2d 1307· 4th Cir.· 1971-06-09 ·cited 12×
  The court held that even if the right to a speedy trial applied to the period between conviction and sentencing, the defendant was not entitled to release due to insufficient prejudice from the delay. The court also found no due process or equal protection violation regarding the
• Williams v. Allen
  439 F.2d 1398· 5th Cir.· 1971-03-18 ·cited 12×
  The court held that the existence of valid reasons for dismissal does not automatically preclude a claim that the actual motive for discharge was unconstitutional retaliation for reporting federal crimes.
• Rodriguez v. McGINNIS
  451 F.2d 730· 2d Cir.· 1971-03-16 ·cited 12×
  The court held that the prisoner had not exhausted state remedies and that the federal court should not interfere with internal state prison administration absent extreme circumstances.
• Tomacita Negron v. Wallace
  436 F.2d 1139· 2d Cir.· 1971-01-04 ·cited 12×
  The court held that while detained juveniles have a constitutional right to consult privately with counsel and access a telephone, the district court erred in granting an injunction where the state did not concede infringement and the plaintiff's claims were based on hearsay and
• Flint v. Louie L. Wainwright
  433 F.2d 961· 5th Cir.· 1970-10-29 ·cited 12×
  Federal courts will not interfere with state prison administration regarding medical care unless there is an abuse of discretion.
• Worley v. Cal. Dep't OF Corr.
  432 F.2d 769· 9th Cir.· 1970-10-19 ·cited 12×
  The court held that the prisoner's complaint failed to state a claim upon which relief could be granted, affirming the dismissal.
• Jewel A. Houp v. The State OF Neb.
  427 F.2d 254· 8th Cir.· 1970-06-08 ·cited 12×
  The court held that a retrial after a mistrial declared due to manifest necessity, or when the defendant requests a new trial, does not violate the Double Jeopardy Clause.
• Scher v. Bd. OF Educ. OF the Town OF W. Orange
  424 F.2d 741· 3d Cir.· 1970-04-23 ·cited 12×
  The court held that federal jurisdiction under 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3) is not limited to cases involving racial discrimination, and a complaint alleging deprivation of constitutional rights should not be dismissed at the pleading stage solely on that basis.
• Howe v. Brouse
  422 F.2d 347· 8th Cir.· 1970-03-02 ·cited 12×
  The court held that a plaintiff cannot relitigate the same cause of action in federal court after it was decided in state court, even by changing legal theories.
• Grayson v. Kessler Montgomery
  421 F.2d 1306· 1st Cir.· 1970-02-12 ·cited 12×
  The court held that federal courts should not grant equitable relief to a state prisoner challenging his conviction or sentence when he has not exhausted available state remedies, even if the claim is brought under the Civil Rights Act.
• Fulton v. Emerson Elec. Co.
  420 F.2d 527· 5th Cir.· 1969-12-22 ·cited 12×
  The court held that the district court's dismissal of the employees' Civil Rights Act claims was premature, as the pleadings sufficiently alleged state action and the claims were not entirely preempted by the National Labor Relations Board.
• Grove Press Inc. v. City OF Philadelphia
  418 F.2d 82· 3d Cir.· 1969-11-03 ·cited 12×
  The Court of Appeals affirmed the district court's injunction, holding that Pennsylvania's preliminary injunctive procedures, as applied to obscenity cases, fail to provide adequate safeguards against undue inhibition of protected expression. These procedural deficiencies create
• Martone v. McKEITHEN
  413 F.2d 1373· 5th Cir.· 1969-07-11 ·cited 12×
  Public officials are immune from damage suits for acts within the scope of their official duties, but the case is remanded regarding injunctive relief due to potential constitutional issues with the investigating commission.
• Smartt v. Avery
  370 F.2d 788· 6th Cir.· 1967-01-06 ·cited 12×
  A state regulation that postpones parole eligibility for inmates seeking habeas corpus relief is unconstitutional as it deters the exercise of a present right.
• Beauregard v. Wingard
  362 F.2d 901· 9th Cir.· 1966-06-20 ·cited 12×
  An arrest made with probable cause does not violate civil rights, even if the investigation was maliciously inspired or the defendant is later acquitted.
• Joyce v. Ferrazzi
  323 F.2d 931· 1st Cir.· 1963-10-30 ·cited 12×
  The court held that the plaintiff failed to establish claims under 42 U.S.C. § 1983 and § 1985(3) against the defendants.
• Louella E. Puett v. City OF Detroit
  323 F.2d 591· 6th Cir.· 1963-10-25 ·cited 12×
  Claims against judges, prosecutors, city, and arresting officer were properly dismissed due to judicial immunity and lack of statutory basis or jurisdiction.
• Ass'n FOR THE Pres. OF Freedom OF Choice, Inc. v. Simon
  299 F.2d 212· 2d Cir.· 1962-02-06 ·cited 12×
  The court held that the district court correctly dismissed the claims, finding no substantial federal question for the constitutional claims and that the libel claim was time-barred under New York law.
• Egan v. City OF Aurora
  291 F.2d 706· 7th Cir.· 1961-06-30 ·cited 12×
  The court held that a conspiracy claim under 42 U.S.C. § 1985(3) requires an intent to deprive of equal protection, not just free speech. However, the court reversed the dismissal of claims against police officers under 42 U.S.C. § 1983, allowing them to proceed to trial.
• TWO Guys From Harrison-Allentown, Inc. v. McGINLEY
  266 F.2d 427· 3d Cir.· 1959-03-25 ·cited 12×
  The court held that the district judge who vacated the temporary restraining order and dismissed the complaint lacked jurisdiction to do so, as the case required a three-judge court.
• Sheets v. Jimenez
  415 F. Supp. 3d 1115· M.D. Fla.· 2025-08-06 ·cited 11×
  The court recommended denying defendants' motion for attorney's fees, finding the plaintiff's § 1983 claims, while ultimately unsuccessful, were not frivolous or groundless.
• Dudley Teel v. Deputy Sheriff Jonathan Lozada
  99 F.4th 1273· 11th Cir.· 2024-04-18 ·cited 11×
  The Eleventh Circuit affirmed the district court's rulings, finding no reversible error in the jury instructions, evidentiary rulings, or the grant of summary judgment on the Monell claim.
• Nance v. Comm'r, Ga. Dep't of Corr.
  59 F.4th 1149· 11th Cir.· 2023-01-30 ·cited 11×
  The court held that the prisoner's as-applied challenge to his execution method was timely because the limitations period began when the facts supporting his claim became apparent, and he stated a plausible Eighth Amendment claim regarding the effects of gabapentin on sedation, b
• Rico L. Mitchell v. Lt. Smith
  10 F.4th 1226· 11th Cir.· 2021-08-26 ·cited 11×
  The court held that jail officials are not entitled to qualified immunity for opening an inmate's legal mail outside of his presence, as this conduct violates clearly established First Amendment free speech rights.
• Bowles v. Desantis
  934 F.3d 1230· 11th Cir.· 2019-08-19 ·cited 11×
  Death row inmate Gary Ray Bowles challenged Florida's denial of his request to have federally appointed habeas counsel represent him in state clemency proceedings, arguing that 18 U.S.C. § 3599 created an enforceable federal right to such representation under 42 U.S.C. § 1983. Th
• Sears v. Forbes/Cohen Fla. Props., L.P.
  223 So. 3d 292· Fla. 4th DCA· 2017-07-12 ·cited 11×
  Sears sought declaratory relief challenging a City resolution requiring both the landlord (Forbes/Cohen) and the City to approve any subdivision of anchor tenant space, claiming it unconstitutionally impaired Sears's contract rights and violated substantive due process. The court
• Miranda v. Young
  19 So. 3d 1100· Fla. 2d DCA· 2009-10-09 ·cited 11×
  Miranda appealed the dismissal of his pro se complaint for failure to serve defendants within 120 days of filing. The court reversed, holding that the trial court abused its discretion by dismissing with prejudice rather than extending the time for service, especially where servi
• Zivojinovich v. Ritz Carlton Hotel Co., LLC
  445 F. Supp. 2d 1337· M.D. Fla.· 2006-08-01 ·cited 11×
  The court held that plaintiffs lacked standing for their loss of business revenue claim and dismissed it, but denied motions to dismiss most other federal and state law claims, including a counterclaim for battery.
• Martinez v. Bush
  234 F. Supp. 2d 1275· S.D. Fla.· 2002-12-03 ·cited 11×
  The court held that plaintiffs failed to establish claims of racial discrimination in the redistricting process, vote dilution under the Voting Rights Act, or political gerrymandering.
• Stachel v. City of Cape Canaveral
  51 F. Supp. 2d 1326· M.D. Fla.· 1999-06-22 ·cited 11×
  The court held that defendants were entitled to qualified immunity on the § 1983 claims due to arguable probable cause for the arrest and minimal force used, and dismissed state law claims for lack of jurisdiction.
• Newsweek, Inc. v. Dep't OF Revenue OF THE State OF Fla.
  689 So. 2d 361· Fla. 1st DCA· 1997-02-18 ·cited 11×
  Newsweek appealed a summary judgment denial of its claim for a tax refund on magazines sold between January 1, 1988, and December 9, 1990, when Florida taxed magazines but not newspapers in violation of the First Amendment. The court affirmed, holding that Newsweek had an adequat
• Johnson v. Mortham
  915 F. Supp. 1529· N.D. Fla.· 1996-10-29 ·cited 11×
  Plaintiffs who successfully invalidated a racially gerrymandered congressional district are prevailing parties entitled to attorney fees under 42 U.S.C. § 1988 against state defendants, notwithstanding their subsequent objections to the legislature's remedial plan. Good faith, la
• Domegan v. Ponte
  972 F.2d 401· 1st Cir.· 1992-08-10 ·cited 11×
• Gomez v. Metro Dade Cnty.
  801 F. Supp. 674· S.D. Fla.· 1992-07-24 ·cited 11×
  The court granted summary judgment for the County on the § 1983 claim and the quid pro quo Title VII claim, but denied it for the hostile work environment Title VII claim and the state law negligent retention claim.
• Kingston Square Tenants Ass'n v. Tuskegee Gardens, Ltd.
  792 F. Supp. 1566· S.D. Fla.· 1992-05-26 ·cited 11×·via Section 1983
  The court held that tenants cannot bring an implied cause of action under federal housing statutes for monetary damages and that tort claims for economic losses arising from a contract breach are barred by the economic loss rule.
• Sanders v. English
  950 F.2d 1152· 5th Cir.· 1992-01-21 ·cited 11×
  The court held that a police officer's deliberate failure to disclose substantial exculpatory evidence to the prosecuting attorney after an arrest can expose him to liability under 42 U.S.C. § 1983, distinguishing cases where only negligence in investigation was shown.
• Partee v. Metro. Sch. Dist. OF Wash. Twp.
  954 F.2d 454· 7th Cir.· 1992-01-21 ·cited 11×
  The court held that the school district was not liable under § 1983 for the superintendent's isolated act, that the plaintiff's promotion claims were not actionable under § 1981, and that the trial court did not abuse its discretion in denying a Rule 60(b) motion to revive dismis
• Annise Fuller v. M.G. Jewelry
  950 F.2d 1437· 9th Cir.· 1991-12-11 ·cited 11×
  The court held that while the officers were entitled to qualified immunity for the arrest and strip search, the City of Los Angeles may be liable if the strip searches were conducted pursuant to an unconstitutional policy.
• Renay Hunter v. The Dist. OF Columbia
  943 F.2d 69· D.C. Cir.· 1991-08-30 ·cited 11×
  The court held that a plaintiff's § 1983 claim against an individual officer for excessive force, occurring before Graham v. Connor, must meet a heightened pleading standard and be judged against the "clearly established" law at the time, which in this circuit was the Norris stan
• Severino v. N. Fort Myers Fire Control Dist.
  935 F.2d 1179· 11th Cir.· 1991-07-12 ·cited 11×
  The dissent argues that the appellant's handicap was a 'but for' cause of his dismissal, entitling him to relief under the Rehabilitation Act and the Florida Constitution.
• The NEW Alliance Party OF Ala. v. Hand
  933 F.2d 1568· 11th Cir.· 1991-06-24 ·cited 11×
  The court held that Alabama's April 6 deadline for minor parties to submit signature petitions and nominate candidates for the general election violates the First and Fourteenth Amendments by imposing a significant burden without a compelling state interest.
• Schroeder v. City OF Chicago
  927 F.2d 957· 7th Cir.· 1991-03-13 ·cited 11×
  A delay in receiving disability benefits, even if caused by malicious conduct, does not constitute a deprivation of property without due process of law under 42 U.S.C. § 1983, nor does it violate the Rehabilitation Act of 1973.
• Gooden v. Howard Cnty.
  917 F.2d 1355· 4th Cir.· 1990-11-09 ·cited 11×
  The court held that genuine issues of material fact exist regarding the information available to the officers, precluding summary judgment on qualified immunity.
• John-Tyronne Martin v. Davies
  917 F.2d 336· 7th Cir.· 1990-11-05 ·cited 11×
  The court held that the plaintiff's equitable claims were moot due to his transfer and that his damage claims failed to allege sufficient prejudice to state constitutional violations.
• Trautvetter v. Quick
  916 F.2d 1140· 7th Cir.· 1990-10-12 ·cited 11×·via Section 1983
• White v. Am. Airlines, Inc.
  915 F.2d 1414· 10th Cir.· 1990-10-01 ·cited 11×
  The court held that the jury instruction on the plaintiff's burden of proof regarding the motive for discharge was erroneous because it did not require the refusal to commit perjury to be a significant factor in the termination decision. The court reversed and remanded for a new
• Geaneas v. Willets
  911 F.2d 579· 11th Cir.· 1990-09-10 ·cited 11×
  The court held that the Daytona Beach ordinance regulating nudity in establishments serving alcohol is a valid exercise of the city's powers under the Twenty-first Amendment and that the plaintiffs' claims of overbreadth, vagueness, and selective enforcement lack merit.
• Gibson v. The City OF Chicago
  910 F.2d 1510· 7th Cir.· 1990-08-23 ·cited 11×
  The court held that Officer Novit's actions were not under color of state law, affirming dismissal of the § 1983 claim against him. However, summary judgment for the City and O'Grady on municipal and supervisory liability claims were premature due to limited discovery.