Civil Rights Act (42 U.S.C. § 1983)

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

• Isidore Engelman v. Cahn
  425 F.2d 954· 2d Cir.· 1969-12-15 ·cited 10×
  Federal courts should not intervene in state criminal proceedings to suppress evidence, nor should they enjoin communication of evidence to state administrative agencies when adequate state remedies exist.
• Gasper v. La. Stadium & Exposition Dist.
  577 F.2d 897· 5th Cir.· 1978-08-01 ·cited 9×
  The court held that there is no constitutional right to prevent others from smoking in a public stadium, and thus the complaint failed to state a claim upon which relief could be granted.
• Napolitano v. Hon. Daniel P. Ward
  457 F.2d 279· 7th Cir.· 1972-03-21 ·cited 9×
  The court held that the transactional immunity granted to the appellant by the State of Illinois was coextensive with his Fifth Amendment privilege against self-incrimination, and his removal from office did not constitute a penal aspect of criminal proceedings.
• Adamian v. Lombardi
  608 F.2d 1224· 9th Cir.· 1979-10-16 ·cited 8×
  The court held that the University Code Section 2.3, as authoritatively construed by the Board of Regents to focus on expressive conduct and manner rather than content, was not unconstitutionally vague or overbroad, and that the professor's disruptive actions fell outside First A
• Newport Invs., Inc. v. The City OF Laguna Beach
  564 F.2d 893· 9th Cir.· 1977-11-17 ·cited 8×
  The District Court did not abuse its discretion in issuing an abstention order, and the order was not erroneous for lacking specificity.
• 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.
• Lokey v. Richardson
  527 F.2d 949· 9th Cir.· 1975-12-09 ·cited 8×
  The court held that summary judgment was improper because the termination of a prisoner's minimum custody status, which resulted in significant deprivations, implicated a liberty interest protected by the Due Process Clause, requiring procedural safeguards.
• Citizens FOR A Better Env't, Inc. v. Nassau Cnty.
  488 F.2d 1353· 2d Cir.· 1973-11-14 ·cited 8×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiffs failed to demonstrate a likelihood of prevailing on the merits or irreparable harm, given the unresolved state law questions regarding the plaintiff orga
• Barr v. United States
  478 F.2d 1152· 10th Cir.· 1973-04-30 ·cited 8×
  The court held that the district court correctly dismissed the claims against all defendants, affirming the dismissal for lack of jurisdiction, failure to state a claim, and failure to exhaust administrative remedies.
• Anderson v. Nemetz
  474 F.2d 814· 9th Cir.· 1973-01-24 ·cited 8×
  The court held that the appellant had standing to challenge the Arizona vagrancy statute and that the Younger abstention doctrine did not apply because no state prosecution was pending.
• Butler v. Sinn
  423 F.2d 1116· 3d Cir.· 1970-04-03 ·cited 8×
  The court held that the complaint was properly dismissed as barred by the statute of limitations.
• Brown v. Town OF Caliente
  392 F.2d 546· 9th Cir.· 1968-04-01 ·cited 8×
  Political subdivisions of a state are not 'persons' amenable to suit under 42 U.S.C. § 1983, and a state's waiver of sovereign immunity does not alter this interpretation.
• Baron v. O'Sullivan
  258 F.2d 336· 3d Cir.· 1958-07-10 ·cited 8×
  A litigant cannot seek a federal remedy under the Civil Rights Act before exhausting available state administrative remedies.
• United States ex rel. Blanche Hobbs McNEILL v. Mesrop A. Takumianz, M.D.
  242 F.2d 191· 3d Cir.· 1957-03-15 ·cited 8×
  The court held that a federal court cannot enjoin a state official from acting under a state statute on the grounds of unconstitutionality without a three-judge panel, and if the statute is constitutional, such an action is barred by the Eleventh Amendment.
• Krohn v. Harvard LAW Sch.
  552 F.2d 21· 1st Cir.· 1977-04-06 ·cited 7×
  The court held that Harvard Law School, as a private institution, is not subject to suit under 42 U.S.C. § 1983 because its actions were not taken 'under color of state law.' Furthermore, the plaintiff failed to state a claim under 42 U.S.C. § 1981 as he did not allege denial of
• Edwards v. Ill. Dep't OF Corr.
  514 F.2d 477· 7th Cir.· 1975-04-08 ·cited 6×
  The court held that the plaintiffs failed to allege facts showing a violation of due process standards applicable at the time of the alleged infractions, thus their claims for good time restoration, declaratory, injunctive, and monetary relief were properly dismissed.
• Karp v. Elliott Becken
  477 F.2d 171· 9th Cir.· 1973-04-05 ·cited 6×
  School officials may curtail student speech if they can reasonably forecast substantial disruption, but cannot suspend a student for pure speech without demonstrating justification for the action.
• Gibson v. City OF Seattle (Washington)
  472 F.2d 1220· 9th Cir.· 1973-01-19 ·cited 6×
  The court held that a municipality is not a 'person' under the Civil Rights Act, but individual defendants can be sued for property seizure under the Act.
• Metcalf v. Swank
  444 F.2d 1353· 7th Cir.· 1971-04-30 ·cited 6×
  The court held that plaintiffs must exhaust state administrative remedies before bringing a claim under the Civil Rights Act when the constitutional challenge is to the application of a statute, not its face, and the remedies are administrative.
• McLUCAS v. Honorable Aaron J. Palmer
  427 F.2d 239· 2d Cir.· 1970-05-21 ·cited 6×
  Federal courts should not interfere with state criminal proceedings absent exceptional circumstances, even through declaratory judgment.
• Bennett v. Allen
  396 F.2d 788· 9th Cir.· 1968-06-12 ·cited 6×
  The court held that the complaint, seeking to invalidate a state conviction and restrain incarceration, should have been treated as a petition for a writ of habeas corpus, not a civil rights action.
• Marshall v. Sawyer
  365 F.2d 105· 9th Cir.· 1966-08-10 ·cited 6×
  The court held that a plaintiff who concedes the correctness of an administrative determination of adjudicative facts cannot claim a denial of due process for lack of an evidentiary hearing. Furthermore, the court found that the plaintiff's exclusion from gaming establishments, b
• Thresa Williams and Jennie L. Richards v. Dalton
  231 F.2d 646· 6th Cir.· 1956-04-02 ·cited 6×
  The court held that federal courts should decline to entertain an action for declaratory relief under the Civil Rights Act when the plaintiff has not exhausted available state remedies, especially in cases involving potential friction between federal and state jurisdictions.
• James A. Privitera, M.D. v. Cal. Bd. OF Med. Quality Assurance
  926 F.2d 890· 9th Cir.· 1991-02-25 ·cited 4×
  The court held that the district court's stay order, which effectively denied a preliminary injunction, was immediately appealable and that the stay itself was improper as it did not meet the criteria for any established abstention doctrine. The court also found that the district
• Espinoza v. Wilson
  814 F.2d 1093· 6th Cir.· 1987-03-27 ·cited 4×
  Prison officials are accorded wide-ranging deference in security decisions, and withholding publications that advocate homosexuality is permissible if reasonably related to a legitimate penological interest and no greater than necessary.
• Robert Vance, D.O. v. State OF Utah
  744 F.2d 750· 10th Cir.· 1984-10-01 ·cited 4×
  The court held that Utah's preclusion law barred relitigation of issues already decided by state courts, and affirmed the denial of a preliminary injunction.
• Tautfest v. City OF Lincoln
  742 F.2d 477· 8th Cir.· 1984-08-31 ·cited 4×
  A probationary employee terminated for cause, under terms explicitly stating immediate termination for disciplinary problems, does not possess a property interest in continued employment triggering due process rights, nor is such termination a breach of the collective bargaining
• Herlinda Espino v. City OF Kingsville
  676 F.2d 1075· 5th Cir.· 1982-05-28 ·cited 4×
  The court held that the trial court did not err in denying motions for directed verdict and judgment notwithstanding the verdict, and that the city could not be held liable under a theory of respondeat superior. Evidentiary rulings were also found not to be reversible error.
• Waste Mgmt. OF Wis., Inc. v. Fokakis
  614 F.2d 138· 7th Cir.· 1980-02-01 ·cited 4×
  Federal courts lack jurisdiction to hear a corporation's collateral attack under 42 U.S.C. § 1983 on a state court criminal conviction, as habeas corpus is the exclusive federal remedy for such attacks.
• Robert and Angeles O'Grady v. City OF Montpelier
  573 F.2d 747· 2d Cir.· 1978-03-27 ·cited 4×
  The court held that the district court erred in dismissing the complaint for lack of jurisdiction and failure to state a claim, as the factual record was insufficient to determine the constitutional questions presented.
• Stolberg v. Members OF the Bd. OF Trs. FOR the State Colleges OF the State OF Conn.
  541 F.2d 890· 2d Cir.· 1976-06-02 ·cited 4×
  The dissenting judge argues that the state waived its dual-job ban defense through res judicata and that the Comptroller and Attorney General should be held in contempt for withholding salary.
• Powers v. Mancos Sch. Dist. RE-6
  539 F.2d 38· 10th Cir.· 1976-05-10 ·cited 4×
• The People of the United States James J. Carr v. Sharp
  454 F.2d 271· 3d Cir.· 1971-12-28 ·cited 4×
  The court held that the petitioner's claims lacked factual support and were properly dismissed by the District Court.
• Broyhill v. Zeb A. Morris, Jr.
  408 F.2d 820· 4th Cir.· 1969-03-20 ·cited 4×
  The court held that a federal court should not enjoin a state prosecution absent allegations of irreparable harm, bad faith, harassment, or inadequate state remedies.
• Wetherington v. Adams
  406 F.2d 724· 5th Cir.· 1969-01-27 ·cited 4×
  A single judge cannot decide the merits of a case requiring a three-judge court.
• Pusateri v. Johnston
  398 F.2d 327· 3d Cir.· 1968-07-24 ·cited 4×
  A prison superintendent cannot be held liable under the Civil Rights Act for refusing to release an inmate without a court order, even if the inmate is later released by court order.
• Bright v. Bishop
  398 F.2d 804· 9th Cir.· 1968-07-18 ·cited 4×
  The court held that the federal remedy under the Civil Rights Act is supplementary and need not be sought after state remedies are exhausted. The district court erred in dismissing the complaint solely on the basis that state courts could provide a remedy.
• Tolefree v. Ritz
  382 F.2d 566· 9th Cir.· 1967-08-03 ·cited 4×
  The court held that the amended complaint sufficiently stated a claim against Ritz under the Civil Rights Act, but the issue of whether the action survives Ritz's death must be addressed on remand.
• Sanders v. Erreca
  377 F.2d 960· 9th Cir.· 1967-05-25 ·cited 4×
  The court held that the amended complaint failed to allege facts sufficient to invoke federal jurisdiction under the Civil Rights Act, as there was no deprivation of a federally secured right. The court also found no abuse of discretion in denying the motion for a new trial based
• The People of the United States ex rel. Earl Henry Turnbaugh v. Bibb
  252 F.2d 217· 7th Cir.· 1958-02-18 ·cited 4×
  The Illinois Sexual Psychopath Act does not violate the Fourteenth Amendment, and the District Court properly dismissed the petition for failure to exhaust state remedies.
• Schiavo v. Schiavo
  404 F.3d 1270· 11th Cir.· 2005-03-30 ·cited 3×
  The special concurrence argues that Public Law 109-3 is unconstitutional because it violates the separation of powers doctrine by dictating how federal courts should exercise their judicial functions, prescribing a "rule of decision" for a specific case, and infringing upon the i
• Otworth v. the Florida Bar
  71 F. Supp. 2d 1209· M.D. Fla.· 1999-09-29 ·cited 2×
  The court dismissed the breach of contract claim against Flynt for failure to allege a meeting of the minds and granted dismissal for the judges and prosecutor based on judicial and Eleventh Amendment immunity.
• Ryan v. Clemente
  901 F.2d 177· 1st Cir.· 1990-04-17 ·cited 2×
  The court affirmed the district court's imposition of Rule 11 sanctions against an attorney for filing a complaint without reasonable inquiry into its factual and legal basis.
• A & E Pac. Constr. Co. v. Saipan Stevedore Co., Inc.
  888 F.2d 68· 9th Cir.· 1989-10-19 ·cited 2×
  The Shipping Act of 1984 applies to the Commonwealth of the Northern Mariana Islands, and the Federal Maritime Commission has original and exclusive jurisdiction over disputes concerning marine terminal operator agreements, including harbor leases.
• Roberts v. Manson
  876 F.2d 670· 8th Cir.· 1989-06-06 ·cited 2×
  A magistrate judge lacks jurisdiction to conduct an evidentiary hearing and adjudicate the merits of a civil case without the express consent of all parties.
• Duncan v. Foti
  828 F.2d 297· 5th Cir.· 1987-09-29 ·cited 2×
  The court held that the unavailability of notary services does not preclude filing requests under the Freedom of Information Act and Privacy Act due to an available statutory alternative.
• Page v. The Franklin Cnty. Sch. Bd.
  481 So. 2d 43· Fla. 1st DCA· 1985-12-18 ·cited 2×
  The court held that the jury instruction and verdict form were erroneous because they required plaintiffs to prove each board member had an impermissible motive, rather than just that the protected conduct was a substantial or motivating factor in the collective decision.
• Uldine Kuri v. Edelman
  491 F.2d 684· 7th Cir.· 1974-02-11 ·cited 2×
  The court denied the motion for an injunction pending appeal, finding no strong showing of likely success on the merits for the plaintiffs' claim that the state's AFDC income reporting program violated federal law or the Constitution.
• Miller v. Bd. OF Educ. OF Jefferson Cnty.
  452 F.2d 894· 6th Cir.· 1971-12-23 ·cited 2×
  The court held that a teacher denied reemployment by a school board and denied a substitute position by another board failed to establish a constitutional claim, affirming summary judgment.
• Hunter v. City Solicitor
  444 F.2d 1395· 3d Cir.· 1971-07-02 ·cited 2×
  The court held that the City of Philadelphia is not a "person" under the Civil Rights Act and that the City Solicitor was properly dismissed as the complaint lacked specific allegations against him and his duties did not involve the matter.