Action 'Under Color Of State Law'

150 Florida cases classified under this topic · sorted by citation count · browse and sort

• Glasspoole v. Albertson
  491 F.2d 1090· 8th Cir.· 1974-01-18 ·cited 16×
  The court held that the district court's dismissal of the civil rights action was correct due to judicial immunity and lack of state action.
• United States v. Currie
  609 F.2d 1193· 6th Cir.· 1979-11-23 ·cited 14×
  The court held that the defendant received a fair trial and that the district court did not abuse its discretion in its rulings.
• 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.
• Jennings v. Patterson
  460 F.2d 1021· 5th Cir.· 1972-02-29 ·cited 14×
  A complaint alleging a fence was erected to deny Black residents access to their homes states a cognizable claim under 42 U.S.C. § 1983.
• ORT v. Dr. Pinchback
  786 F.2d 1105· 11th Cir.· 1986-04-15 ·cited 13×
  A physician contracting with the state to provide medical care to inmates acts under color of state law for purposes of a 42 U.S.C. § 1983 claim. Summary judgment was therefore inappropriate.
• Darr v. Wolfe
  767 F.2d 79· 3d Cir.· 1985-07-22 ·cited 12×
  Private citizens acting in conspiracy with an immune state official can be sued under 42 U.S.C. § 1983, but the complaint must contain specific factual allegations of conspiracy.
• McGILLICUDDY v. Clements
  746 F.2d 76· 1st Cir.· 1984-10-11 ·cited 12×
  A private accounting firm's performance of an audit for a state agency, without more specific factual allegations of conspiracy or joint action, does not constitute action taken 'under color of state law' for purposes of a 42 U.S.C. § 1983 claim.
• Giles M. Lugar v. Edmondson OIL Co., Inc.
  639 F.2d 1058· 4th Cir.· 1981-01-09 ·cited 12×
• Layne v. Sampley
  627 F.2d 12· 6th Cir.· 1980-08-11 ·cited 12×
  The court held that the jury's verdict was supported by evidence and should not have been set aside, as the officer's actions could be construed as being under color of state law.
• Ballard Fish & Oyster Co., Inc. v. Glaser Constr. Co., Inc.
  424 F.2d 473· 4th Cir.· 1970-04-15 ·cited 12×
  The court held that a claim alleging a violation of the Fourteenth Amendment's just compensation clause, arising from a public service corporation's unauthorized taking of private property for a pipeline, presents a federal question sufficient for federal court jurisdiction.
• Stricklin v. The Regents OF the Univ. OF Wis. & the President of the Univ. of Wis.
  420 F.2d 1257· 7th Cir.· 1970-01-13 ·cited 12×
  The court held that the interlocutory order was appealable but the issue presented was moot because the students had since been expelled. The appeal was dismissed.
• 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.
• Smith v. Winter
  782 F.2d 508· 5th Cir.· 1986-02-12 ·cited 10×
  The court held that the claims for injunctive and declaratory relief were moot, but the claim for damages under 42 U.S.C. § 1983 against local appellees for violating First Amendment rights was properly stated.
• Lewis Serv. Ctr., Inc. v. Mack Fin. Corp.
  696 F.2d 66· 8th Cir.· 1982-12-27 ·cited 10×
  The court held that the Nebraska temporary order procedure in replevin actions, as interpreted to require an immediate post-seizure hearing upon debtor request, satisfies due process requirements.
• Ginter v. State BAR OF Nev.
  625 F.2d 829· 9th Cir.· 1980-04-29 ·cited 10×
  The State Bar Association, as an arm of the state, is immune from suit under the Eleventh Amendment, but the dismissal of the complaint against the attorneys was not an appealable order.
• Olsen v. Lane
  832 F. Supp. 1525· M.D. Fla.· 1993-10-13 ·cited 8×
  The court held that the plaintiff failed to state a claim for relief and lacked a basis for federal jurisdiction, thus dismissing the amended complaint.
• Lorna Cassady v. Thurman Tackett
  938 F.2d 693· 6th Cir.· 1991-07-24 ·cited 8×
  The court held that the defendant's actions, while potentially constituting a state law tort, did not rise to the level of a Fourth Amendment seizure because there was no law enforcement interest involved.
• Annunziato v. THE GAN, Inc.
  744 F.2d 244· 2d Cir.· 1984-06-26 ·cited 8×
  The dissenting judge would affirm the award of attorney's fees, finding the appellees to be prevailing parties who succeeded on a significant issue through settlement, and that The Gan became a state actor by actively defending the suit.
• A & A Concrete, Inc. v. The White Mountain Apache Tribe
  676 F.2d 1330· 9th Cir.· 1982-05-13 ·cited 8×
  The court held that allegations of a conspiracy involving state sheriff's deputies to serve invalid tribal court process, with the intent to injure business and deprive plaintiffs of due process, were sufficient to state a claim under 42 U.S.C. § 1983. However, a claim under 42 U
• Walker v. Clovis H. Pierce, M.D.
  560 F.2d 609· 4th Cir.· 1977-07-26 ·cited 8×
  The court held that Dr. Pierce's policy of sterilizing Medicaid patients for economic reasons, unrelated to their health, constituted action taken under color of state law within the meaning of 42 U.S.C. § 1983.
• Allen v. Sisters OF Saint Joseph
  490 F.2d 81· 5th Cir.· 1974-03-01 ·cited 8×
  The court held that the case was moot because the plaintiff had already given birth and obtained the sterilization she sought, rendering injunctive relief impossible and the controversy no longer live.
• Grady Carroll Ouzts v. Md. Nat'l Ins. Co.
  470 F.2d 790· 9th Cir.· 1972-12-06 ·cited 8×
  The court held that the district court erred in dismissing the first count for lack of subject matter jurisdiction, but the dismissal was proper because the complaint failed to state a claim upon which relief could be granted under federal law.
• Elmwood Props., Inc. v. Murray Conzelman
  418 F.2d 1025· 7th Cir.· 1969-11-26 ·cited 8×
  The court held that the plaintiffs failed to state a claim under the Civil Rights Act because they did not demonstrate purposeful discrimination or a deprivation of constitutional rights, and available state remedies were not exhausted.
• Adell Henderson v. Warden, Frank J. Pate of Joliet, Stateville Penitentiary & Dir. of Pub. Safety, Ross J. Randolph, Ill. State Penitentiary, Joliet, Ill.
  409 F.2d 507· 7th Cir.· 1969-03-26 ·cited 7×
  The court held that the plaintiff's conclusory allegations failed to state a claim for relief under the civil rights or habeas corpus statutes.
• De Santana v. Velez
  956 F.2d 16· 1st Cir.· 1992-02-06 ·cited 6×
  The court held that it lacked jurisdiction to hear the interlocutory appeal from the denial of qualified immunity because the defendants are private actors not performing a governmental function.
• Holbird v. Armstrong-Wright
  949 F.2d 1019· 8th Cir.· 1991-11-26 ·cited 6×
  The conduct of an attorney, whether retained or appointed, does not constitute action under color of state law for purposes of section 1983 violations.
• Price v. State OF Haw.
  939 F.2d 702· 9th Cir.· 1991-07-11 ·cited 6×
  The court held that claims against the State are barred by immunity, claims against private parties fail for lack of state action, but damage claims against state officials in their individual capacities may proceed.
• United States v. McDERMOTT
  918 F.2d 319· 2d Cir.· 1990-09-21 ·cited 6×
  The court held that 18 U.S.C. § 241 applies to conspiracies by officials to violate constitutional rights, and that false arrest constitutes a deprivation of liberty without due process. The court also found that prosecutorial comments on the defendants' failure to present eviden
• United States v. Vaden
  912 F.2d 780· 5th Cir.· 1990-09-11 ·cited 6×
  The court held that the evidence was sufficient to support Vaden's convictions for conspiracy to violate an inmate's rights and for aiding and abetting assaults on an inmate and an officer.
• Mildfelt v. Cir. Court OF Jackson Cnty.
  827 F.2d 343· 8th Cir.· 1987-08-26 ·cited 6×
  The court held that while the appellants sufficiently stated a claim for infringement of their constitutional right of access to the courts, the Circuit Court of Jackson County is immune from suit under the Eleventh Amendment, and the individual defendants did not act under color
• V.L. Cross v. Howell K. Lucius
  713 F.2d 153· 5th Cir.· 1983-09-02 ·cited 6×
  The court held that the civil rights statutes at issue do not create a right of action against successors-in-title to a deceased wrongdoer.
• Luella Holmes and Elizabeth Y. Thomas v. Finney
  631 F.2d 150· 10th Cir.· 1980-09-12 ·cited 6×
  The court held that the mere surreptitious taping of a conversation by a party to it, without more, does not violate any federally protected right actionable under 42 U.S.C. §§ 1981, 1983, or 1985(3).
• Gary v. Darnell
  505 F.2d 741· 6th Cir.· 1974-10-23 ·cited 6×
  Repossession of an automobile pursuant to Kentucky's self-help repossession statute, UCC § 9-503, does not constitute action under color of state law for purposes of 42 U.S.C. § 1983.
• Dotlich v. Kane
  497 F.2d 390· 8th Cir.· 1974-05-20 ·cited 6×
  The court held that the plaintiff's civil rights action against state judges, court officials, and a private attorney was properly dismissed because the judges were immune, the officials performed ministerial duties, and the attorney did not act under color of state law.
• Tosh v. Buddies Supermarkets, Inc.
  482 F.2d 329· 5th Cir.· 1973-06-22 ·cited 6×
  The court affirmed the district court's judgment, holding that the plaintiffs failed to establish a claim under 42 U.S.C. § 1983 and that the state law libel and slander claim was unsupported by evidence of malice.
• Smartt v. First Union Nat'l Bank
  245 F. Supp. 2d 1229· M.D. Fla.· 2003-01-29 ·cited 5×
  The court held that the plaintiff's claims must be dismissed for lack of subject matter jurisdiction and granted the defendants' motion for attorney's fees and costs due to vexatious litigation.
• Mansfield Jones v. Poindexter
  903 F.2d 1006· 4th Cir.· 1990-05-25 ·cited 5×
  The court held that the plaintiff's claims for injunctive relief were moot due to the state court's final judgment, and his claims for damages under federal law failed because the defendant's actions did not constitute state action.
• McDougald v. Jenson
  596 F. Supp. 680· N.D. Fla.· 1984-09-26 ·cited 5×
  The court held that the Florida custody modification order was valid under the Parental Kidnapping Prevention Act (PKPA) and entitled to enforcement, and that federal jurisdiction existed to make this declaration.
• Spear v. Town OF W. Hartford
  954 F.2d 63· 2d Cir.· 1992-01-13 ·cited 4×
  Individual defendants acting in their official capacities to authorize a civil lawsuit are absolutely immune from liability under 42 U.S.C. § 1983, and a private entity does not act under color of state law merely by meeting with state actors.
• Pitts v. Turner & Boisseau, Chartered
  850 F.2d 650· 10th Cir.· 1988-07-05 ·cited 4×
  The court held that the plaintiff failed to state claims under RICO, 42 U.S.C. § 1985(2), and 42 U.S.C. § 1983, and that the dismissal of pendent state claims was proper due to lack of jurisdiction.
• Schultz v. Major General Billy G. Wellman
  717 F.2d 301· 6th Cir.· 1983-09-19 ·cited 4×
  The court held that the actions of National Guard officers in discharging a member are taken under the color of state law for purposes of 42 U.S.C. § 1983, but affirmed the dismissal because the appellant failed to state a claim upon which relief could be granted.
• Aubuchon v. State OF Mo.
  631 F.2d 581· 8th Cir.· 1980-10-08 ·cited 4×
  The State of Missouri is not a proper party to an action brought under 42 U.S.C. § 1983, and any individual named would be protected by judicial immunity.
• FOX v. Sullivan
  539 F.2d 1065· 5th Cir.· 1976-09-30 ·cited 4×
  The court held that a prison guard's alleged negligence in allowing an inmate attack and a lieutenant's alleged conversion of an inmate's property are actionable under 42 U.S.C. § 1983.
• Phillips v. Trello
  502 F.2d 1000· 3d Cir.· 1974-07-26 ·cited 4×
  The court held that a complaint alleging a conspiracy to subject plaintiffs to illegal harassment, even by private citizens, is sufficient to survive a motion to dismiss under Rule 12(b)(6) for claims brought under 42 U.S.C. §§ 1983 and 1985.
• Parker v. Graves
  479 F.2d 335· 5th Cir.· 1973-06-13 ·cited 4×
  The court held that the complaint's allegations, taken as a whole, sufficiently stated a claim under 42 U.S.C. § 1983, and the trial court's findings of fact were not clearly erroneous.
• Kasib Tauheed Bilal v. Kaplan
  904 F.2d 14· 8th Cir.· 1990-05-10 ·cited 3×
  The court held that a private attorney's conduct in representing a client does not constitute state action for purposes of a § 1983 claim, and that federal question jurisdiction was not established.
• Mitson v. Coler
  670 F. Supp. 1568· S.D. Fla.· 1987-10-05 ·cited 3×
  The court held that Veterans Administration Improved Pensions (VAIP) awarded pursuant to 38 U.S.C. § 503(a)(8) as reimbursement for medical expenses should not be counted as income for determining eligibility for Florida's Medicaid Institutional Care Payments (ICP) Program.
• Robert Dale Hicks (92-5105) v. Chief Richard A. Frey (92-5063)
  992 F.2d 1450· 6th Cir.· 1993-05-13 ·cited 2×
  The court held that there was insufficient evidence to support a finding of deliberate indifference against Richard Frey.
• Heather and Amanda Black v. Ind. Area Sch. Dist.
  985 F.2d 707· 3d Cir.· 1993-01-29 ·cited 2×
  The court held that the school bus driver, bus company president, and bus company were not liable under § 1983 because they were independent contractors and not state actors. The superintendent and school district were also not liable for failing to exhibit the 'deliberate indiff
• Cobb v. Saturn Land Co., Inc.
  966 F.2d 1334· 10th Cir.· 1992-05-22 ·cited 2×
  The court held that the ministerial filing of a lien by a county clerk does not constitute state action sufficient for a § 1983 claim, and that Oklahoma's oil and gas lien statutes provide constitutionally adequate procedural protections. The court also affirmed the denial of att