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

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

• Cleaver v. Wilcox
  499 F.2d 940· 9th Cir.· 1974-06-07 ·cited 42×
  The court held that while injunctive relief was inappropriate due to lack of irreparable harm and Younger considerations, declaratory relief regarding the right to appointed counsel in child dependency cases was proper.
• Peters v. The City OF Shreveport
  818 F.2d 1148· 5th Cir.· 1987-05-26 ·cited 40×
  The court held that the city's reliance on a state statute did not qualify as a "factor other than sex" exception under the Equal Pay Act because sex played a part in the wage differential, even if not a significant one. The court also found that the Secretary of Labor's interpre
• Howie Ray Robinson v. Wade
  686 F.2d 298· 5th Cir.· 1982-09-20 ·cited 40×
  The Court held that the defendant's reprosecution was not barred by the Double Jeopardy Clause, as the prosecutor's conduct, while improper, did not demonstrate an intent to provoke a mistrial, and the court reporter's negligence in losing a transcript did not trigger double jeop
• Garrett v. City OF Hamtramck
  503 F.2d 1236· 6th Cir.· 1974-09-26 ·cited 40×
  The court held that relief could not be granted for claims related to earlier urban renewal projects (Smith-Clay, Chrysler Expressway) or building code enforcement due to improper class action certification and notice.
• Palmer v. Columbia GAS OF Ohio, Inc.
  479 F.2d 153· 6th Cir.· 1973-05-22 ·cited 40×
  A privately owned public utility's termination of essential services, when authorized and regulated by the state, constitutes state action and must comply with due process requirements.
• Cole v. Lavern Smith
  344 F.2d 721· 8th Cir.· 1965-05-07 ·cited 40×
  The court held that alleged assaults by prison officials, without a showing of constitutional violation, are not actionable under the Civil Rights Act and are matters for state courts or internal prison discipline.
• Smith v. Cherry
  489 F.2d 1098· 7th Cir.· 1973-11-27 ·cited 39×
  The court held that plaintiffs sufficiently alleged deprivation of rights under the Constitution and Civil Rights Act, reversing the dismissal of their complaint.
• Brown v. Tex. A & M Univ.
  804 F.2d 327· 5th Cir.· 1986-11-17 ·cited 38×
  The court held that the plaintiff failed to plead his procedural due process claim with sufficient particularity to overcome qualified immunity, but may replead a substantive due process claim for retaliation.
• Drexler v. Sw. Dubois Sch. Corp.
  504 F.2d 836· 7th Cir.· 1974-10-15 ·cited 38×
  The dissenting judge believes the District Judge's decision should be affirmed.
• Abele v. Markle
  452 F.2d 1121· 2d Cir.· 1971-12-13 ·cited 38×
  The court held that non-pregnant women of child-bearing age lack standing to challenge the anti-abortion statutes, but physicians, nurses, and counselors do have standing. The district court erred in dismissing the case for lack of jurisdiction and should have convened a three-ju
• Nat'l Land & Inv. Co. v. Arlen Specter
  428 F.2d 91· 3d Cir.· 1970-06-25 ·cited 38×
  The court affirmed the district court's order denying a preliminary injunction because the plaintiffs failed to establish the necessary prerequisites.
• Kerr v. City OF Chicago
  424 F.2d 1134· 7th Cir.· 1970-03-11 ·cited 38×
  The court held that the district court erred in striking allegations and refusing evidence regarding the plaintiff's involuntary confession and illegal detention, and in refusing several jury instructions. However, the dismissal of the City of Chicago was affirmed.
• Kerr v. Enoch Pratt Free Library of Baltimore City
  149 F.2d 212· 4th Cir.· 1945-04-17 ·cited 38×
  The Enoch Pratt Free Library, despite its private incorporation, functions as an instrumentality of the state due to extensive state control and funding, and therefore cannot discriminate based on race in its admissions to training programs.
• Ill. Psychological Ass'n v. Falk
  818 F.2d 1337· 7th Cir.· 1987-05-12 ·cited 37×
  The court held that the plaintiffs failed to demonstrate a sufficient likelihood of success on the merits to warrant a preliminary injunction against state regulation, and thus the denial of the injunction was proper.
• Williams v. Dunbar
  377 F.2d 505· 9th Cir.· 1967-04-26 ·cited 36×
  The court held that the appellant's claims for violation of due process in parole revocation procedures did not raise a federal question, and state law claims were also properly dismissed.
• Duke v. The State OF Tex.
  477 F.2d 244· 5th Cir.· 1973-04-20 ·cited 35×
  Federal injunctive relief against state judicial proceedings is not prohibited where state procedures are inadequate to protect federal rights and prevent irreparable harm.
• Strathie v. Dep't OF Transp.
  716 F.2d 227· 3d Cir.· 1983-09-08 ·cited 34×
  A handicapped individual is not 'otherwise qualified' if accommodation would require modification of the program's essential nature or impose an undue burden; the court must consider proposed accommodations.
• Green v. Eyck
  572 F.2d 1233· 8th Cir.· 1978-03-07 ·cited 34×
  The court held that the 180-day statute of limitations for housing discrimination claims applied to §§ 1981 and 1982, but a three-year statute applied to the § 1983 claim. The court also held that the plaintiffs' claim under the Fair Housing Act was untimely.
• Vick v. Tex. Emp. Comm'n
  514 F.2d 734· 5th Cir.· 1975-06-12 ·cited 34×
  The dissenting judge believes the district court erred in awarding insufficient prenatal benefits and attorney fees, and suggests remanding to allow amendment of parties.
• DOE v. McMILLAN
  459 F.2d 1304· D.C. Cir.· 1972-01-20 ·cited 34×
  The court held that the District Court properly dismissed the complaint because all defendants were immune from suit, either through legislative immunity under the Speech or Debate Clause or through the doctrine of official immunity.
• 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.
• Chaney v. The State BAR OF Cal.
  386 F.2d 962· 9th Cir.· 1967-11-21 ·cited 34×
  A federal court cannot grant relief for a state bar applicant's failure to be certified until the state supreme court has made a final determination on the matter, as the committee's refusal to certify is merely advisory.
• Rigney v. Hendrick
  355 F.2d 710· 3d Cir.· 1965-10-15 ·cited 34×
• 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.
• White Mountain Apache Tribe v. Williams
  810 F.2d 844· 9th Cir.· 1984-02-07 ·cited 33×
  A preemption claim under the Supremacy Clause, based on federal occupation of a field or conflict with federal goals, does not give rise to a claim cognizable under 42 U.S.C. § 1983, and therefore does not support an award of attorney's fees under 42 U.S.C. § 1988.
• Moore v. The City OF SAN Jose
  615 F.2d 1265· 9th Cir.· 1980-04-01 ·cited 33×
  The court affirmed the district court's approval of the settlement agreement, its dismissal of claims against the Association, and its denial of attorneys' fees.
• Slyvester Harris v. Harvey
  605 F.2d 330· 7th Cir.· 1979-08-20 ·cited 33×
  A judge's extrajudicial acts, motivated by racial animus and performed under color of law, are not protected by judicial or prosecutorial immunity and can form the basis of an equal protection claim under 42 U.S.C. § 1983.
• Ventetuolo v. Burke
  596 F.2d 476· 1st Cir.· 1979-03-30 ·cited 32×
  The court held that the plaintiff did not have a constitutionally protected property interest in his employment due to his status as an unclassified employee serving at will, and that the statements made about him did not rise to the level of defamation or infringe upon a liberty
• Davis v. Se. Cmty. Coll.
  574 F.2d 1158· 4th Cir.· 1978-03-28 ·cited 32×
  The court held that the college must reconsider the plaintiff's application without regard to her hearing disability, applying newly promulgated regulations that define 'otherwise qualified' based on academic and technical standards, not the handicap itself.
• P I Enters., Inc. v. Cataldo
  457 F.2d 1012· 1st Cir.· 1972-03-31 ·cited 32×
  A federal court action based on substantially identical facts and claims as a prior state court decision is barred by res judicata and collateral estoppel, even if the federal action seeks damages under a federal statute.
• Texaco Inc. v. Pennzoil Co.
  784 F.2d 1133· 2d Cir.· 1986-02-20 ·cited 31×
  The court held that the district court had jurisdiction over Texaco's claims regarding the Texas bonding and lien provisions violating due process and equal protection, but lacked jurisdiction over other claims that constituted an impermissible review of the Texas state court jud
• 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.
• Lucero v. Donovan
  354 F.2d 16· 9th Cir.· 1965-11-23 ·cited 31×
  The court held that the search of the apartment and seizure of pills were unlawful absent valid consent, and that even if lawful, there was no probable cause for arrest. The court also found prejudicial admission of evidence regarding scars and irrelevant inquiry into marital sta
• Nydia Tavarez and Manny Tavarez v. O'Malley
  826 F.2d 671· 7th Cir.· 1987-08-13 ·cited 30×
  The court held that the prolonged closure of the grocery store after the emergency had passed, without a hearing or opportunity to contest the seizure, constituted a denial of due process under the Fourteenth Amendment, and that the district court erred in granting summary judgme
• Lywanna Cooper v. City OF N. Olmsted
  795 F.2d 1265· 6th Cir.· 1986-07-16 ·cited 30×
  The court held that a prior state court decision denying unemployment benefits based on 'just cause' for discharge does not collaterally estop a subsequent federal discrimination claim, as the issues are not identical. The court also reversed a finding of retaliatory discharge du
• Bradford v. Weinstein
  519 F.2d 728· 4th Cir.· 1974-11-22 ·cited 30×
  The dissenting judge holds that state prisoners challenging parole procedures must first exhaust state remedies and then pursue habeas corpus, not a § 1983 action.
• Flemming v. S.C. Elec. & GAS Co.
  224 F.2d 752· 4th Cir.· 1955-07-14 ·cited 30×
  The court held that the separate but equal doctrine of Plessy v. Ferguson is no longer valid law and that the district court has jurisdiction over actions alleging deprivation of constitutional rights under color of state law.
• Tate v. Arnold
  223 F.2d 782· 8th Cir.· 1955-06-28 ·cited 30×
  A justice of the peace is entitled to judicial immunity for acts performed in their official capacity, and the Civil Rights Act does not abrogate this immunity.
• Hannula v. City OF Lakewood
  907 F.2d 129· 10th Cir.· 1990-06-29 ·cited 29×
  The court held that the plaintiff failed to demonstrate that the officer's actions constituted a violation of clearly established law, thus entitling the officer to qualified immunity.
• Manhart v. City OF LOS Angeles
  553 F.2d 581· 9th Cir.· 1976-11-23 ·cited 29×
  The court held that the pension plan's higher contribution requirement for women, based on presumed longevity, constitutes unlawful sex discrimination under the Equal Pay Act, distinguishing it from prior Supreme Court rulings on disability benefits.
• Hanover Twp. Fed'n OF Teachers Local 1954 (AFL-CIO) v. Hanover Cmty. Sch. Corp.
  457 F.2d 456· 7th Cir.· 1972-01-12 ·cited 29×
  The court held that the mailing of individual contracts to teachers, even if it undermined union strength, did not violate federal constitutional rights under the Civil Rights Act, and that the union lacked standing to assert its own claims for economic injury.
• Harley McLAIN v. Meier
  612 F.2d 349· 8th Cir.· 1979-12-18 ·cited 28×
  The court held that the district court erred in granting summary judgment on the procedural grounds that the complaint failed to state a claim, and vacated the judgment to allow for further factual development.
• Frissell v. Rizzo
  597 F.2d 840· 3d Cir.· 1979-02-20 ·cited 28×
  A citizen and taxpayer lacks standing to sue for a First Amendment injury to a newspaper's relationship with the public, absent a showing that the newspaper is unable to assert its own rights.
• Magill v. Avonworth Baseball Conference
  516 F.2d 1328· 3d Cir.· 1975-05-08 ·cited 28×
  The court held that the mere use of public facilities by a private youth baseball conference, even with reduced fees, does not constitute state action sufficient to support an Equal Protection claim when the conference excludes girls.
• Forman v. Cmty. Servs., Inc.
  500 F.2d 1246· 2d Cir.· 1974-06-12 ·cited 28×
  Shares in a cooperative housing corporation, even if nonprofit and state-regulated, can be considered 'securities' under federal law if they meet the definition of 'stock' or 'investment contract'.
• Pettengill v. Putnam Cnty. R-1 Sch. Dist.
  472 F.2d 121· 8th Cir.· 1973-01-18 ·cited 28×
  Federal courts lack jurisdiction to adjudicate disputes over local election irregularities absent specific federal claims like racial discrimination or ballot stuffing.
• Duzynski v. Nosal
  324 F.2d 924· 7th Cir.· 1963-11-21 ·cited 28×
  The court held that the defendants, acting within the scope of statutory duties related to mental health commitment proceedings, were either protected by judicial immunity or did not act under color of law for purposes of the Civil Rights Act, and that the lay defendants' actions
• Armstrong v. The Bd. OF Educ. OF the City OF Birmingham
  323 F.2d 333· 5th Cir.· 1963-07-12 ·cited 28×
  The court granted an injunction pending appeal regarding desegregation efforts.
• Brubaker v. Bd. OF Educ.
  502 F.2d 973· 7th Cir.· 1974-07-31 ·cited 27×
• Quackenbush v. Johnson City Sch. Dist.
  716 F.2d 141· 2d Cir.· 1983-08-24 ·cited 26×
  The court held that the Education of the Handicapped Act (EHA) provides an exclusive remedy, and a plaintiff cannot bypass its administrative procedures to seek damages under 42 U.S.C. § 1983.