Civil Rights Act (42 U.S.C. § 1983)

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

• The Vulcan Soc'y OF the NEW York City Fire Dep't, Inc. v. Civil Serv. Comm'n OF the City OF NEW York
  490 F.2d 387· 2d Cir.· 1973-11-21 ·cited 133×
  The court held that the Fire Department's selection procedures, including a written examination with a discriminatory impact and a lack of a competitive physical, were insufficiently job-related to withstand constitutional attack.
• Gomez v. Fla. State Emp. Serv.
  417 F.2d 569· 5th Cir.· 1969-10-09 ·cited 102×
  Migratory farm workers have implied rights and remedies under the Wagner-Peyser Act and its regulations, and can sue under 42 U.S.C. § 1983 for violations of these rights.
• Robichaud v. Ronan
  351 F.2d 533· 9th Cir.· 1965-10-08 ·cited 100×
  A prosecuting attorney is not immune from liability under 42 U.S.C. § 1983 when acting outside their quasi-judicial capacity, such as in an investigative or police-like role.
• Clark v. State OF Wash.
  366 F.2d 678· 9th Cir.· 1966-09-26 ·cited 89×
  The district court properly dismissed the action against the State of Washington due to sovereign immunity and against the Bar Association because it is an agency of the state entitled to quasi-judicial immunity and because no effective decree could be framed.
• Swan v. Bd. OF Higher Educ. OF the City OF NEW York by Gustave G. Rosenberg
  319 F.2d 56· 2d Cir.· 1963-06-04 ·cited 80×
  The court held that the plaintiff's amended complaint was a nullity because it was filed after a judgment of dismissal had been entered, and the clerk's failure to formally enter the judgment did not alter this fact. The court also found that the plaintiff's claim was barred by t
• Wright v. McMANN
  460 F.2d 126· 2d Cir.· 1972-03-16 ·cited 77×
  The court held that the restoration of good time to Mosher and the award of damages to Wright against Warden McMann were improperly affirmed.
• Esteban v. Cent. Mo. State Coll.
  415 F.2d 1077· 8th Cir.· 1969-08-28 ·cited 74×
  A federal court's review of student discipline under the Civil Rights Act requires a de novo trial on the merits of federal rights denial, not an "substantial evidence" review of the school's proceedings.
• Long v. Parker
  390 F.2d 816· 3d Cir.· 1968-02-16 ·cited 74×
  The court should affirm the district court's judgment, as the Bureau of Prisons has taken reasonable measures to accommodate the religious needs of Black Muslim inmates.
• Negrich v. Hohn
  379 F.2d 213· 3d Cir.· 1967-06-16 ·cited 74×
  The court held that the plaintiff's complaint was insufficient because it contained broad, conclusory allegations unsupported by specific facts, failing to state a claim under the Civil Rights Act.
• Baines v. City OF Danville
  337 F.2d 579· 4th Cir.· 1964-08-10 ·cited 74×
  The court granted petitions for rehearing in two specific cases to consider the effect of newly enacted legislation on the prior disposition.
• 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.
• Parks v. Watson
  716 F.2d 646· 9th Cir.· 1983-09-22 ·cited 68×
  The court held that conditioning a street vacation on the dedication of unrelated geothermal wells without just compensation violates the Fifth Amendment's unconstitutional conditions doctrine and the Equal Protection Clause. However, the court reversed and remanded the procedura
• Whitner v. Mrs. Frederick W. Davis
  410 F.2d 24· 9th Cir.· 1969-04-03 ·cited 66×
  The court held that the district court erred in dismissing the action for failure to exhaust state remedies, as the Civil Rights Act does not always require such exhaustion, and the adequacy of the administrative remedy was not determined.
• Clutchette v. Procunier
  497 F.2d 809· 9th Cir.· 1974-04-25 ·cited 61×
  The court held that the majority's interpretation of Preiser v. Rodriguez regarding exhaustion of state remedies was too strict, and that the inmates' claims regarding the duration of their confinement necessitated exhaustion.
• Moss v. Hornig
  314 F.2d 89· 2d Cir.· 1963-01-18 ·cited 60×
  The court held that the plaintiff failed to prove purposeful discrimination required for an equal protection claim under 42 U.S.C. § 1983, and thus, the district court did not err in entering summary judgment for the defendant.
• Francis v. Lyman
  216 F.2d 583· 1st Cir.· 1954-11-09 ·cited 56×
  Public officials, including institutional superintendents, are not liable under the Civil Rights Act for actions taken in good faith reliance on a facially valid judicial commitment order, absent express legislative intent to abrogate established privileges.
• DeWITT v. Officer R. F. Pail
  366 F.2d 682· 9th Cir.· 1966-09-08 ·cited 55×
  A prisoner's civil rights complaint alleging that prison officials confiscated legal papers necessary for his appeal, thereby frustrating his access to the courts, states a claim for damages under 42 U.S.C. § 1983.
• Garrity v. Sununu
  752 F.2d 727· 1st Cir.· 1984-12-27 ·cited 54×
  The court held that attorneys' fees could not be awarded for claims brought solely under the Education for All Handicapped Children Act (EAHCA) or its state counterpart, as these statutes lack fee-shifting provisions and are not covered by other fee-entitling statutes like Sectio
• NEY v. State OF Cal.
  439 F.2d 1285· 9th Cir.· 1971-03-25 ·cited 52×
• Angelynn York v. Story
  324 F.2d 450· 9th Cir.· 1963-10-28 ·cited 52×
  The court held that a complaint alleging police officers took and distributed nude photographs of a citizen over her objection, acting under color of authority, states a claim for deprivation of privacy under the Fourteenth Amendment's Due Process Clause, thus establishing federa
• Jones v. Hopper
  410 F.2d 1323· 10th Cir.· 1969-05-19 ·cited 50×
  The dissenting judge holds that the complaint sufficiently alleges a violation of First Amendment rights, and therefore the case should proceed to trial.
• Stiltner v. Rhay
  371 F.2d 420· 9th Cir.· 1967-01-05 ·cited 50×
  The court held that the amended complaint failed to state a claim under the Civil Rights Act, as the alleged deprivations did not violate constitutional guarantees.
• Sostre v. McGINNIS
  334 F.2d 906· 2d Cir.· 1964-07-30 ·cited 50×
  The court held that while prisoners have religious rights, these are subject to significant limitations necessary for prison discipline, and state authorities should be given the first opportunity to establish rules for these rights.
• LaREAU v. Ellis C. MacDOUGALL
  473 F.2d 974· 2d Cir.· 1972-12-15 ·cited 49×
  The court held that the conditions in the strip cell and the penalty imposed violated LaReau's Eighth Amendment rights.
• Dale v. Demarest J. Hahn
  440 F.2d 633· 2d Cir.· 1971-02-19 ·cited 48×
  The court held that a claim for deprivation of property rights, without more, does not state a cause of action under 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3) and (4).
• Coleman v. Johnston
  247 F.2d 273· 7th Cir.· 1957-08-12 ·cited 46×
  The court held that the plaintiff's complaint, alleging deprivation of constitutional rights under the Civil Rights Act, stated a sufficient cause of action to prevent dismissal.
• Kelso and Mary Rankin v. City OF Wichita Falls
  762 F.2d 444· 5th Cir.· 1985-06-10 ·cited 45×
  The court held that the complaint failed to allege the abuse of government power necessary to elevate an ordinary tort claim to constitutional status under section 1983.
• Churruca v. Miami Jai-Alai, Inc.
  353 So. 2d 547· Fla.· 1977-11-17 ·cited 45×
  Professional jai-alai players sued fronton owners for tortious conspiracy to deprive them of employment following a failed 1968 strike. The Florida Supreme Court held that the complaint states a valid cause of action for tortious conspiracy when employers acting in concert malici
• United States ex rel. Burwell L. Jones v. Bundle
  453 F.2d 147· 3d Cir.· 1971-12-28 ·cited 42×
  The court held that summary judgment was improperly granted because genuine issues of material fact existed regarding the prisoner's religious freedom claim.
• Soglin v. Kauffman
  418 F.2d 163· 7th Cir.· 1969-10-24 ·cited 42×
  The court held that the University of Wisconsin's disciplinary proceedings based on the vague doctrine of "misconduct" violate the First and Fourteenth Amendments.
• Goss v. State OF Ill.
  312 F.2d 257· 7th Cir.· 1963-01-24 ·cited 42×
  The Civil Rights Act does not grant federal district courts jurisdiction to collaterally attack a state criminal contempt conviction affirmed by the highest state court.
• Margarette Curtis v. Taylor
  625 F.2d 645· 5th Cir.· 1980-09-11 ·cited 41×
  The court held that the state's limitation of physician visits to three per month was sufficient to reasonably achieve the purpose of such care, and thus did not violate federal regulations. The appeal concerning the adequacy of notice was dismissed as moot.
• Hodge v. Police Officers: Colon
  802 F.2d 58· 2d Cir.· 1986-09-29 ·cited 40×
  The court held that the district court abused its discretion by failing to consider the appropriate criteria when denying a request for appointed counsel for an indigent civil litigant.
• Hansen v. Ahlgrimm
  520 F.2d 768· 7th Cir.· 1975-07-08 ·cited 38×
  The court held that a private attorney prosecuting an order to show cause in state court is not acting under color of state law for purposes of a § 1983 claim, and declaratory relief against a judge requires a live case or controversy.
• Rendell Noel Mabey, Jr. v. Reagan
  537 F.2d 1036· 9th Cir.· 1976-06-01 ·cited 36×
  The court held that overstaffing is not a basis for applying Article 7 layoff procedures and that mixed-motive terminations require inquiry into the decision-maker's motives.
• Nguyen DA YEN v. Kissinger
  528 F.2d 1194· 9th Cir.· 1975-11-05 ·cited 36×
  The court held that the district court had jurisdiction under the habeas corpus statute and that plaintiffs' attorneys must have access to children's records to determine claims of illegal detention.
• Harry H. and Thelma Gibbs v. Titelman
  502 F.2d 1107· 3d Cir.· 1974-08-01 ·cited 36×
  The court held that private self-help repossession of automobiles, even when permitted by state statute, does not constitute state action under the Fourteenth Amendment or 42 U.S.C. § 1983.
• Thistlethwaite v. The City OF NEW York
  497 F.2d 339· 2d Cir.· 1974-05-13 ·cited 36×
  The court held that a prior state court determination on the constitutionality of park regulations, arising from a criminal conviction for violating those regulations, has res judicata effect and bars a subsequent federal action under the Civil Rights Act seeking similar relief.
• Rodriguez v. McGINNIS
  456 F.2d 79· 2d Cir.· 1972-01-25 ·cited 36×
  The court affirmed the district court's orders releasing petitioners, holding that their claims for good behavior time credit were properly considered under the habeas corpus statute, which requires exhaustion of state remedies.
• Taylor v. NEW York City Transit Auth. & Civil Serv. Comm'n of the City of N.Y.
  433 F.2d 665· 2d Cir.· 1970-10-26 ·cited 34×
  The court held that the plaintiff's federal constitutional claim was barred by res judicata and collateral estoppel due to prior state administrative and judicial proceedings, as the plaintiff had the opportunity to raise the issue in those proceedings but failed to do so.
• United States ex rel. George Atterbury v. Ragen
  237 F.2d 953· 7th Cir.· 1956-11-06 ·cited 34×
  The court affirmed the dismissal of the complaint, finding it failed to state a cause of action under the Fourteenth Amendment and relevant Civil Rights statutes.
• McKINNEY v. DE Bord
  507 F.2d 501· 9th Cir.· 1974-11-21 ·cited 33×
  The court held that the district court erred in dismissing a count of the complaint without allowing the plaintiff to respond, by improperly considering materials outside the complaint.
• Lindahl King v. Saddleback Junior Coll. Dist.
  445 F.2d 932· 9th Cir.· 1971-06-25 ·cited 33×
  School dress code regulations on male students' hair length do not unconstitutionally infringe upon students' rights when enacted for the educational process and applied even-handedly.
• de Vita v. Sills
  422 F.2d 1172· 3d Cir.· 1970-03-09 ·cited 33×
  The court held that the district court had jurisdiction under 42 U.S.C. § 1983 to enjoin state proceedings and that abstention was inappropriate, but the plaintiff's claims regarding self-incrimination, prejudicial publicity, and denial of effective counsel were not grounds for i
• Farrell v. Lewin Joel, Jr.
  437 F.2d 160· 2d Cir.· 1971-01-20 ·cited 32×
• Romer v. Leary
  425 F.2d 186· 2d Cir.· 1970-04-10 ·cited 31×
  The court held that the plaintiff's action was barred by the three-year statute of limitations applicable to suits based on a liability created by statute.
• United States ex rel. Frank Stachulak v. Coughlin
  520 F.2d 931· 7th Cir.· 1975-08-06 ·cited 30×
  Due process requires that the state prove a person is sexually dangerous beyond a reasonable doubt for commitment under the Illinois Sexually Dangerous Persons Act.
• Bennett v. People OF the State OF Cal.
  406 F.2d 36· 9th Cir.· 1969-01-09 ·cited 30×
• Richey v. Wilkins
  335 F.2d 1· 2d Cir.· 1964-07-21 ·cited 30×
  The court held that a prisoner's good-faith procedural error in filing a notice of appeal with the Court of Appeals instead of the district court, and the prisoner's transfer to another facility, do not prevent the appeal from being heard or render the claim moot, especially when
• Sellers v. The Regents OF the Univ. OF Cal.
  432 F.2d 493· 9th Cir.· 1970-09-17 ·cited 29×
  The court held that the district court properly dismissed the complaint, refusing to convene a three-judge court, as there was no genuine threat of irreparable harm or chilling effect on First Amendment rights to warrant injunctive relief.