Civil Rights Act Of 1871 (42 U.S.C. § 1983)

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

• Sostre v. McGINNIS
  442 F.2d 178· 2d Cir.· 1971-02-24 ·cited 316×
• Eastway Constr. Corp. v. The City OF NEW York
  762 F.2d 243· 2d Cir.· 1985-05-21 ·cited 223×
  The court held that the district court erred in denying the municipal defendants' motion for attorneys' fees incurred in defending against Eastway's civil rights claim, as the claim was unreasonable and groundless.
• United Hous. Found., Inc. v. Forman
  W.D. Pa.· 1975-06-16 ·cited 199×
  The dissenting justices would hold that the interests purchased by Co-op City residents constitute 'securities' under federal law, both as 'stock' and as 'investment contracts'.
• Junior Ray Duckworth v. Franzen
  780 F.2d 645· 7th Cir.· 1985-12-17 ·cited 171×
  The court held that the defendants' conduct, even if negligent, did not rise to the level of deliberate indifference or recklessness required to constitute cruel and unusual punishment under the Eighth Amendment.
• Bauers v. Heisel
  361 F.2d 581· 3d Cir.· 1966-05-19 ·cited 152×
• Norton v. McSHANE
  332 F.2d 855· 5th Cir.· 1964-06-01 ·cited 139×
  The dissenting opinion argues that the majority erred in granting immunity to federal officials accused of violating fundamental constitutional rights. It asserts that official immunity does not shield acts that are unlawful, willful, and malicious denials of constitutional right
• Mrs. Lola Hornsby v. Allen
  326 F.2d 605· 5th Cir.· 1964-01-07 ·cited 139×
  The court's opinion, as interpreted by the dissenter, classifies the refusal of a liquor license as adjudicative, not legislative, potentially misleading future cases.
• Hattie Brazier v. Cherry
  293 F.2d 401· 5th Cir.· 1961-07-07 ·cited 126×
  The court held that 42 U.S.C.A. § 1988, when applied with the Georgia Survival Statute, creates a cause of action not intended by Congress. The dissent argues this circumvents limitations in § 1986.
• Marshall v. Sawyer
  301 F.2d 639· 9th Cir.· 1962-03-07 ·cited 116×
  The court held that a state may constitutionally exclude convicted felons from gambling establishments, as gambling is a privilege, not a right, and the state has a compelling interest in regulating it to prevent crime and protect its economy.
• Kenney v. Honorable Raymond W. FOX
  232 F.2d 288· 6th Cir.· 1956-04-19 ·cited 114×
  The common law doctrine of judicial immunity, protecting judges and quasi-judicial officers acting within their jurisdiction, has not been abrogated by the Civil Rights Act.
• Bridgeport Guardians, Inc. v. Members OF the Bridgeport Civil Serv. Comm'n
  482 F.2d 1333· 2d Cir.· 1973-06-28 ·cited 107×
  The court held that while hiring quotas were permissible to remedy past discrimination in police examinations, quotas for promotions above the rank of patrolman constituted an abuse of discretion.
• Gregory v. Mitchell
  634 F.2d 199· 5th Cir.· 1981-01-12 ·cited 105×
  The court held that shareholders lack standing to sue for corporate injuries, pendent jurisdiction was properly declined, leave to amend was untimely, and claims against the FDIC and United States were correctly dismissed.
• Kletschka v. Driver
  411 F.2d 436· 2d Cir.· 1969-04-22 ·cited 105×
  The court held that material issues of fact exist regarding whether the plaintiff's transfer was disciplinary and thus required a hearing under 38 U.S.C. § 4110, and whether his constitutional due process rights were violated. Summary judgment was reversed in part.
• McLAUGHLIN v. Tilendis
  398 F.2d 287· 7th Cir.· 1968-06-12 ·cited 94×
  The court held that probationary teachers have First Amendment rights to associate with a union, and their dismissal for such association states a claim under Section 1983, despite the lower court's finding of no jurisdiction.
• Parrett v. City OF Connersville
  737 F.2d 690· 7th Cir.· 1984-06-21 ·cited 91×
  The court held that while a collective bargaining agreement's grievance procedure can satisfy due process, it failed to do so in this case due to administrative delays and limitations, and that defendants waived their right to appeal errors in jury instructions by failing to obje
• Ill. State Emps. Union v. Lewis
  473 F.2d 561· 7th Cir.· 1972-09-18 ·cited 90×
  The court held that plaintiffs' discharges for partisan political reasons were constitutionally impermissible.
• Roberts v. Columbus Williams
  456 F.2d 819· 5th Cir.· 1971-04-01 ·cited 87×
  The court affirmed the judgment based on a pendent state tort claim, modifying its opinion to remove reliance on the Eighth Amendment.
• Glasson v. City OF Louisville
  518 F.2d 899· 6th Cir.· 1975-06-13 ·cited 85×
  Police officers are liable under 42 U.S.C. § 1983 for destroying a peaceful protestor's sign, as the action was unreasonable and violated First Amendment rights, and the 'good faith' defense does not apply when officers knew or should have known the activity was protected.
• Curtis v. Angus Russell Everette
  489 F.2d 516· 3d Cir.· 1973-12-17 ·cited 80×
  The court held that a prisoner's complaint alleging intentional conduct by prison officials leading to an assault states a claim under 42 U.S.C. § 1983, and that a state law claim against another prisoner can be heard under the doctrine of pendent jurisdiction.
• United States ex rel. Jack & Ethel Gittlemacker v. Cnty. OF Philadelphia
  413 F.2d 84· 3d Cir.· 1969-07-10 ·cited 80×
  The court held that municipalities and states are not 'persons' under the Civil Rights Act of 1871, and that a tort claim for medical malpractice does not fall under the Act. Furthermore, diversity jurisdiction cannot be assumed when the complaint explicitly states parties are fr
• Sander Michael Halet v. Wend Inv. Co.
  672 F.2d 1305· 9th Cir.· 1982-01-25 ·cited 75×
  The court held that while racial discrimination claims under certain statutes were properly dismissed for lack of standing, the claim regarding the adults-only policy violating the right to family life under the Fourteenth Amendment and § 1983 should not have been dismissed, and
• Skehan v. Bd. OF Trs. OF Bloomsburg State Coll.
  538 F.2d 53· 3d Cir.· 1976-06-21 ·cited 73×
  The court held that attorney's fees may be awarded as costs against an immune sovereign for bad faith litigation, but not as damages for pre-litigation obduracy, and that official immunity for non-judicial state officials is qualified under Wood v. Strickland, requiring a remand
• Lockhart v. Hoenstine
  411 F.2d 455· 3d Cir.· 1969-05-09 ·cited 73×
  A public official acting pursuant to a court order is immune from suit under the Civil Rights Act of 1871, and summary judgment is appropriate if there is no genuine issue of material fact regarding whether the official acted under such an order.
• Morton Birnbaum v. Trussell
  371 F.2d 672· 2d Cir.· 1966-12-28 ·cited 72×
  The court held that the complaint sufficiently states a claim of deprivation of constitutional rights under Sections 1983 and 1985(3) based on racial discrimination in public employment.
• Nolvert P. Scott, Jr. v. The Univ. OF Del.
  601 F.2d 76· 3d Cir.· 1979-06-06 ·cited 71×
  An appellee may raise arguments supporting the judgment on appeal without filing a cross-appeal, even if those arguments challenge the trial court's reasoning or seek to modify the judgment in a way that protects the appellee's favorable outcome.
• Lewis v. Kugler
  446 F.2d 1343· 3d Cir.· 1971-08-04 ·cited 70×
  The court held that federal courts should not abstain from hearing federal constitutional claims under the Civil Rights Act, but may dismiss claims seeking injunctions or declaratory relief against pending state criminal prosecutions absent a showing of bad faith or harassment. I
• ORR v. Trinter
  444 F.2d 128· 6th Cir.· 1971-06-16 ·cited 70×
  A public school teacher without tenure status does not have a constitutional right to be told the reasons for non-renewal of their contract or to a hearing, absent allegations of constitutionally impermissible reasons for the non-renewal.
• Conover v. Honorable Frank M. Montemuro, Jr.
  477 F.2d 1073· 3d Cir.· 1972-12-20 ·cited 69×
  The court reinstated prior panel opinions, excluding portions on judicial immunity in § 1983 injunctive relief suits, and declined to rule on the issue.
• Marie Ellsworth & Paul Ellsworth v. City OF Racine
  774 F.2d 182· 7th Cir.· 1985-09-23 ·cited 66×
  The plaintiff's admission that she told the officer it was unnecessary for him to stay precludes recovery on her Section 1983 claim.
• Coyne-Delany Co., Inc. v. Cap. Dev. Bd. OF the State OF Ill.
  717 F.2d 385· 7th Cir.· 1983-09-12 ·cited 66×
  A district court's discretion to deny costs or damages on an injunction bond is not unlimited and requires more than just the absence of bad faith; a good reason must exist. Damages are generally limited to the bond amount unless bad faith is shown.
• Hobbs v. Mayor Ronnie Thompson
  448 F.2d 456· 5th Cir.· 1971-09-16 ·cited 65×
  The court held that recent Supreme Court decisions on federal intervention do not preclude federal consideration of First Amendment claims against municipal ordinances, especially when the challenge is to employment conditions and not a pending criminal prosecution.
• Fanchon Blake v. City OF LOS Angeles
  595 F.2d 1367· 9th Cir.· 1979-05-02 ·cited 64×
  The court held that the district court erred in granting summary judgment, finding that appellants established a prima facie case of sex discrimination under Title VII and that the LAPD failed to demonstrate business necessity for its discriminatory employment practices.
• Hanna v. Home Ins. Co.
  281 F.2d 298· 5th Cir.· 1960-06-30 ·cited 63×
  The federal district court correctly dismissed the complaint for failure to state a claim within its jurisdiction, as it lacked the power to review or reverse state court judgments.
• ST. Claire v. Cuyler
  634 F.2d 109· 3d Cir.· 1980-11-06 ·cited 59×
  The court held that prison officials' regulations prohibiting headwear in dining areas, requiring inmates to remove headwear before passing security gates, and denying escorts for segregated inmates to religious services were justified by legitimate penological interests in secur
• Moreno v. Henckel
  431 F.2d 1299· 5th Cir.· 1970-09-23 ·cited 58×
  A federal court cannot abstain from hearing a civil rights case solely because a state remedy is available; the federal remedy under Section 1983 is supplementary and does not require exhaustion of state judicial or administrative remedies.
• Yatvin v. Madison Metro. Sch. Dist.
  840 F.2d 412· 7th Cir.· 1988-02-05 ·cited 57×
  The court held that retaliation for filing sex discrimination charges is not sex discrimination, nor does it automatically violate the First Amendment, and that a contingent expectation under an affirmative action plan does not constitute a constitutional property right.
• DOE v. Pringle
  550 F.2d 596· 10th Cir.· 1976-11-29 ·cited 56×
• City OF Milwaukee v. Saxbe
  546 F.2d 693· 7th Cir.· 1976-11-12 ·cited 56×
  The court held that the City of Milwaukee lacked standing to sue the Attorney General for discriminatory enforcement of civil rights laws and that the district court erred in finding subject matter jurisdiction under 28 U.S.C. § 1361.
• Bancroft Dudley Hall v. Ochs
  817 F.2d 920· 5th Cir.· 1987-05-05 ·cited 53×
  The court held that the trial court properly directed a verdict for the plaintiff on the false imprisonment claim, denied qualified immunity for the imprisonment, and affirmed most damages awards, but reversed the attorneys' fees multiplier.
• Burns v. Sullivan
  619 F.2d 99· 1st Cir.· 1980-03-31 ·cited 51×
  The court held that the plaintiff's equal protection claim was barred by the statute of limitations, applying the six-month period from the Massachusetts anti-discrimination statute as the most analogous to federal civil rights actions. The court also affirmed the dismissal of th
• Baldwin v. Morgan
  251 F.2d 780· 5th Cir.· 1958-01-14 ·cited 50×
  The majority erred in finding federal court jurisdiction over the Birmingham Terminal Company.
• Ortega v. Ragen
  216 F.2d 561· 7th Cir.· 1954-11-01 ·cited 50×
  The court held that a prisoner's complaint alleging a warden refused to deliver a letter, without alleging facts showing a violation of a specific federal right, fails to state a cause of action under 42 U.S.C.A. § 1983.
• Turpin v. Mailet
  579 F.2d 152· 2d Cir.· 1978-06-05 ·cited 49×
  The court, in a concurring opinion, argues that the dissent's concerns about unlimited municipal liability for constitutional violations are overstated and fail to consider existing limitations and legal developments.
• Jacobson v. Tahoe Reg'l Planning Agency
  566 F.2d 1353· 9th Cir.· 1977-12-21 ·cited 47×
  The court held that while a cause of action for inverse condemnation against the TRPA fails due to lack of condemnation authority, a due process claim under the Fifth Amendment is stated. The TRPA is immune from suit under the Eleventh Amendment unless immunity is waived, and off
• Rosado v. Wyman
  414 F.2d 170· 2d Cir.· 1969-07-16 ·cited 47×
  The court concurred that the district court abused its discretion in rendering judgment on the pendent statutory claim, finding it more appropriate for initial resolution by the relevant federal agency.
• Brown v. Bd. OF BAR Exam'rs OF the State OF Nev. & Bd. of Governors of the State Bar of Nev.
  623 F.2d 605· 9th Cir.· 1980-07-18 ·cited 45×
  A federal district court lacks jurisdiction to review a state court's decision on an individual application for admission to the bar, even if the claim alleges arbitrary application of rules or constitutional violations.
• Mrs. Susan Russo v. Cent. Sch. Dist. NO. 1
  469 F.2d 623· 2d Cir.· 1972-11-14 ·cited 45×
  A teacher's dismissal solely for refusing to participate in the daily flag salute ceremonies, when done respectfully and without disrupting the educational environment, violates their First Amendment rights.
• Walker v. Olin G. Blackwell
  411 F.2d 23· 5th Cir.· 1969-05-14 ·cited 45×
  The court held that the denial of a special diet during Ramadan and the prohibition of correspondence with Elijah Muhammad were unconstitutional deprivations of religious freedom, while the denial of a specific radio broadcast was permissible.
• Stapp v. Avoyelles Parish Sch. Bd.
  545 F.2d 527· 5th Cir.· 1977-01-17 ·cited 43×
  The dissenting judge holds that a letter of intent from a superintendent does not create a property interest in re-employment protected by due process under Louisiana law.
• Bonner v. Cir. Court OF the City OF ST. Louis
  526 F.2d 1331· 8th Cir.· 1975-11-28 ·cited 42×