Civil Rights Act (42 U.S.C. § 1983)

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

• Thomas v. Howard
  455 F.2d 228· 3d Cir.· 1972-02-09 ·cited 28×
  The court held that the prisoner's claim against his attorney under the Civil Rights Act was barred by the statute of limitations and that the attorney was not acting under color of state law.
• Long Island Vietnam Moratorium Comm. v. Cahn
  437 F.2d 344· 2d Cir.· 1970-12-24 ·cited 28×
  New York General Business Law § 136(a) is unconstitutional on its face and as applied because it is overbroad, vague, and infringes upon First Amendment rights by prohibiting a wide range of expressive conduct involving the American flag.
• Belknap v. Leary
  427 F.2d 496· 2d Cir.· 1970-05-29 ·cited 26×
  The court held that a temporary restraining order, even if short-lived, can be appealable if it functions as a mandatory injunction. However, the order in this case was vacated as an abuse of discretion.
• Neeld v. Nat'l Hockey League
  594 F.2d 1297· 9th Cir.· 1979-04-11 ·cited 25×
  The court held that the National Hockey League's by-law preventing a one-eyed player from participating was a reasonable restraint of trade, not an illegal boycott, and that state law claims lacked federal jurisdiction.
• Scott v. City OF Sioux City
  736 F.2d 1207· 8th Cir.· 1984-06-08 ·cited 24×
  The court held that the city's zoning ordinances enacted to further urban renewal goals were protected by state action immunity from federal antitrust claims, and that the constitutional claims were meritless.
• United States v. Ill. Bell Tel. Co.
  531 F.2d 809· 7th Cir.· 1976-02-23 ·cited 24×
  The court held that a district court possesses inherent authority to compel a telephone company to provide assistance in installing a pen register, even if Title III of the Omnibus Crime Control and Safe Streets Act does not apply.
• Hanneman v. Breier
  528 F.2d 750· 7th Cir.· 1976-01-06 ·cited 24×
  Disciplinary action against police officers for disclosing a police investigation, after its existence was already public, violated their First and Fourteenth Amendment rights.
• Rozecki v. Gaughan
  459 F.2d 6· 1st Cir.· 1972-04-26 ·cited 24×
  The court held that the inadequacy of heating, even if unintentional, can constitute cruel and unusual punishment cognizable under the Civil Rights Act, and the defendants' good faith efforts do not excuse equitable relief.
• Wilwording v. Swenson
  439 F.2d 1331· 8th Cir.· 1971-03-16 ·cited 24×
  Prisoners must exhaust all available state judicial remedies, including mandamus, prohibition, and injunction, before seeking equitable relief in federal court for conditions of confinement, even if those conditions might be cognizable under federal habeas corpus.
• Marland v. Heyse
  315 F.2d 312· 10th Cir.· 1963-03-26 ·cited 24×
  The court held that arrests made without probable cause, under the circumstances described, could constitute a deprivation of constitutional rights actionable under 42 U.S.C. § 1983, creating a jury question.
• Grady Carroll Ouzts v. Md. Nat'l Ins. Co.
  505 F.2d 547· 9th Cir.· 1974-10-29 ·cited 23×
  The Ninth Circuit affirmed the district court's dismissal, holding that the bail bondsman's actions in forcibly apprehending the plaintiff and transporting him to Nevada did not constitute action "under color of state law." The court found that the bondsman's conduct was purely p
• Grant v. Hogan
  505 F.2d 1220· 3d Cir.· 1974-11-20 ·cited 22×
  A federal prisoner must first pursue remedies under the Interstate Agreement on Detainers before seeking relief from a state detainer in federal court.
• Banish v. Locks
  414 F.2d 638· 7th Cir.· 1969-07-16 ·cited 22×
  The court held that the defendants were entitled to judgment as a matter of law because probable cause existed for the plaintiff's arrest, detention, and prosecution.
• Potwora v. Dillon
  386 F.2d 74· 2d Cir.· 1967-11-15 ·cited 22×
  The court held that the district court erred in denying a mandatory injunction for the return of books seized under a warrant, as state remedies were not adequate for prompt protection of First Amendment rights.
• Kent v. Prasse
  385 F.2d 406· 3d Cir.· 1967-11-14 ·cited 22×
  The court held that a state prisoner's injury sustained while working on dangerous equipment, for which the state provides no compensation, does not constitute a deprivation of a constitutionally protected property right actionable under the Civil Rights Act.
• Mairs v. Peters
  52 So.2d 793· Fla.· 1951-05-25 ·cited 22×
  The Supreme Court of Florida affirmed a lower court's decision upholding a state law requiring candidates in primary elections to pledge loyalty to their party. The court found the law did not violate the U.S. Constitution or federal statutes, deeming it a reasonable regulation f
• Zbaraz v. Quern
  596 F.2d 196· 7th Cir.· 1979-02-13 ·cited 20×
  The Hyde Amendment, enacted through an appropriations bill, substantively amended Title XIX of the Social Security Act, allowing states to limit funding for medically necessary abortions to the circumstances specified in the amendment.
• Hartmann v. Scott
  488 F.2d 1215· 8th Cir.· 1973-12-06 ·cited 20×
  The court held that while a prisoner's claim challenging the fact or duration of confinement must be brought as a habeas corpus petition requiring exhaustion of state remedies, claims seeking declaratory and injunctive relief against the unconstitutionality of a statute are permi
• Gibson & Perin Co. v. City OF Cincinnati
  480 F.2d 936· 6th Cir.· 1973-06-26 ·cited 20×
  The court held that while plaintiffs may have suffered economic injury, the applicable statutes and case law do not permit a subsequent judicial remedy after legislative decisions.
• Stull v. Sch. Bd. of the W. Beaver Junior-Senior High Sch.
  459 F.2d 339· 3d Cir.· 1972-04-13 ·cited 18×
  A school's hair length regulation is invalid unless the school demonstrates a legitimate interest, such as safety in shop classes, that outweighs the student's liberty interest in personal appearance.
• Dietemann v. Time, Inc.
  449 F.2d 245· 9th Cir.· 1971-08-23 ·cited 18×
  The court held that clandestine photography and electronic recording of a plaintiff in his home without consent, leading to emotional distress, constitutes an invasion of privacy under California law, and the First Amendment does not insulate the defendant from liability for such
• Phillips v. Nash
  311 F.2d 513· 7th Cir.· 1962-12-28 ·cited 18×
  State's Attorneys are immune from suit under the federal Civil Rights Act for actions taken in connection with official prosecutions.
• Hooks v. Kelley
  463 F.2d 1210· 5th Cir.· 1972-07-07 ·cited 17×
  The court held that a prisoner's allegation of transfer due to court access is a serious claim that warrants an evidentiary hearing.
• Akron Bd. OF Educ. & Conrad C. Ott v. State Bd. OF Educ. OF Ohio
  490 F.2d 1285· 6th Cir.· 1974-01-15 ·cited 16×
  The court held that plaintiffs have standing to sue and should be permitted to amend their complaint to add parties and assert jurisdiction under 28 U.S.C. § 1331.
• Father John J. O'Malley v. Brierley
  477 F.2d 785· 3d Cir.· 1973-04-30 ·cited 16×
  The court held that priests do not have a constitutional right to enter a state penitentiary to conduct religious services or counseling, and thus their First Amendment claims for denial of access were properly dismissed via summary judgment. However, the court reversed summary j
• Knuckles v. Prasse
  435 F.2d 1255· 3d Cir.· 1970-12-28 ·cited 16×
  The court affirmed the district court's judgment, finding that while inmates were subjected to cruel and unusual punishment for a period, injunctive relief was not warranted as the practice had ceased, and monetary damages were not awarded.
• Romero v. Weakley
  226 F.2d 399· 9th Cir.· 1955-10-10 ·cited 16×
  The district court erred in refusing to consider class action complaints alleging racial segregation in public schools, as federal courts have jurisdiction and a duty to hear such cases.
• Stone v. Philbrook
  528 F.2d 1084· 2d Cir.· 1975-12-03 ·cited 14×
  The court held that the district court erred in granting summary judgment because there is substantial doubt whether the Commissioner's regulations characterizing General Assistance as an emergency program requiring weekly reapplication and work search are within the rulemaking p
• Wells v. Malloy
  510 F.2d 74· 2d Cir.· 1975-01-23 ·cited 14×
  The court held that suspending a driver's license for non-payment of a tax, even if the tax is admittedly due, is not considered 'collection' under 28 U.S.C. § 1341, and thus the federal anti-injunction act does not bar federal court jurisdiction.
• Wilkerson v. Meskill
  501 F.2d 297· 2d Cir.· 1974-07-25 ·cited 14×
  The court held that arguments not properly raised in the District Court cannot be considered on appeal, affirming the dismissal based on Eleventh Amendment immunity.
• Rojelio E. Rivera v. Toft
  477 F.2d 534· 10th Cir.· 1973-04-23 ·cited 14×
  The court held that the district court correctly dismissed the inmates' action because administrative remedies were not exhausted and the claims lacked merit.
• McCLENDON v. Rosetti
  460 F.2d 111· 2d Cir.· 1972-04-12 ·cited 14×
  The court held that Section 435-4.0 of the New York City Administrative Code is unconstitutional as applied to property seized from individuals, other than contraband, when criminal proceedings have terminated or the property is no longer needed as evidence, violating due process
• Allison v. Wilson
  434 F.2d 646· 9th Cir.· 1970-11-24 ·cited 14×
  A complaint alleging physical abuse by prison guards states a cause of action under the Civil Rights Act, 42 U.S.C. § 1983, even without alleging specific intent to violate constitutional rights.
• Simmons v. Whitaker
  252 F.2d 224· 5th Cir.· 1958-02-14 ·cited 14×
• Chandler Nelson Hughes v. Halifax Cnty. Sch. Bd.
  855 F.2d 183· 4th Cir.· 1988-08-26 ·cited 12×
  The court affirmed the district court's grant of directed verdicts and judgments notwithstanding the verdict, finding no error in the rulings on the § 1983 claims or the lost wages claim.
• Crossman v. Marcoccio
  806 F.2d 329· 1st Cir.· 1986-12-09 ·cited 12×
  Federal Rule of Civil Procedure 68 compels prevailing plaintiffs to pay defendants' post-offer costs when the ultimate judgment is less than a refused offer of judgment, but it does not require payment of defendants' post-offer attorney's fees if those fees are not 'properly awar
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• Davis v. United States
  439 F.2d 1118· 8th Cir.· 1971-02-22 ·cited 11×
  The court held that neither the United States nor the Department of Public Welfare can be sued under 42 U.S.C. § 1983, and the individual jail officials were not liable as the alleged tear gas exposure did not rise to a constitutional violation.
• Zeller v. Donegal Sch. Dist. Bd. of Educ.
  517 F.2d 600· 3d Cir.· 1975-05-14 ·cited 10×
  A school official is immune from liability for compensatory damages in civil rights suits unless they knew or should have known their action violated constitutional rights, or acted with malicious intent.
• Garren v. City of Winston-Salem
  439 F.2d 140· 4th Cir.· 1971-03-02 ·cited 10×
  The court held that a claim based solely on the deprivation of property rights, even if framed as an equal protection issue related to extraterritorial zoning without voting rights, is not cognizable under 42 U.S.C. § 1983.
• Protestants & Other Americans United FOR Separation OF Church & State v. United States
  435 F.2d 627· 6th Cir.· 1970-12-16 ·cited 10×
  The court held that the District Court erred in denying a three-judge panel and granting summary judgment, as substantial constitutional questions regarding the Establishment Clause were not resolved by prior Supreme Court precedent.
• Davis v. McATEER
  431 F.2d 81· 8th Cir.· 1970-09-09 ·cited 10×
  A clerk of court is entitled to judicial immunity from a suit brought under the Civil Rights Act for alleged loss of court files.