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

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

• Adickes v. S. H. Kress & Co.
  409 F.2d 121· 2d Cir.· 1968-12-27 ·cited 14×
• Edelberg v. The Ill. Racing Bd.
  540 F.2d 279· 7th Cir.· 1976-08-09 ·cited 13×
  The court held that the Illinois Racing Board Rule 317c, which provides for the automatic withholding and redistribution of purse money when a winning horse is found to be drugged, does not violate the Due Process Clause because it establishes an objective condition precedent to
• Helfant v. Kugler
  500 F.2d 1188· 3d Cir.· 1974-07-08 ·cited 13×
  The dissenting judge argues that federal courts should not interfere in ongoing state criminal proceedings absent bad faith, harassment, or truly extraordinary circumstances, which are not present here.
• United States ex rel. David Tyrrell v. Speaker
  471 F.2d 1197· 3d Cir.· 1973-01-03 ·cited 13×
  The court held that the plaintiff's allegations, even if inartfully pleaded, were sufficient to withstand a motion to dismiss and required further factual development, thus reversing the grant of summary judgment.
• Mallory v. Eyrich
  839 F.2d 275· 6th Cir.· 1988-02-12 ·cited 12×
  The court held that the facts presented do not establish a constitutional claim under the Fourteenth or Fifteenth Amendments, nor do they necessarily implicate the Voting Rights Act in the manner argued by the plaintiffs.
• Britton v. S. Bend Cmty. Sch. Corp.
  819 F.2d 766· 7th Cir.· 1987-05-18 ·cited 12×
  The affirmative action plan adopted by the South Bend School Board was unconstitutional because it was not narrowly tailored, imposing a burden on white teachers greater than necessary to achieve a compelling purpose.
• Seymour Wexler and Daisy Wexler v. Westfield Bd. OF Educ.
  784 F.2d 176· 3d Cir.· 1986-02-19 ·cited 12×
  The court held that the district court correctly determined that the school board provided a free appropriate public education and that parents were not entitled to reimbursement for unilaterally placing their child in private schools, nor for post-graduation expenses.
• Stewart v. Bernstein
  769 F.2d 1088· 5th Cir.· 1985-09-03 ·cited 12×
  The court held that there is no implied private cause of action under the Medicaid Act against private nursing homes, and state agencies cannot be held liable for a private nursing home's discharge decisions absent state action.
• Main Road v. Aytch
  565 F.2d 54· 3d Cir.· 1977-10-14 ·cited 12×
  Prison regulations banning group press conferences are not unconstitutional, but inmates are entitled to a declaratory judgment recognizing the procedural changes achieved through litigation.
• Prentice Robinson, Jr. v. Richardson
  556 F.2d 332· 5th Cir.· 1977-07-25 ·cited 12×
  The court held that a state prisoner challenging his conviction based on discriminatory jury selection must first exhaust state remedies via a habeas corpus action, as this claim goes to the validity of the conviction itself.
• Gillette v. McNICHOLS
  517 F.2d 888· 10th Cir.· 1975-05-29 ·cited 12×
• Wallace v. Kern
  499 F.2d 1345· 2d Cir.· 1974-07-08 ·cited 12×
  A federal district court cannot establish a uniform rule for speedy trial based on arbitrary time periods, as the Sixth Amendment requires an ad hoc balancing test on a case-by-case basis.
• Jewel A. Houp v. The State OF Neb.
  427 F.2d 254· 8th Cir.· 1970-06-08 ·cited 12×
  The court held that a retrial after a mistrial declared due to manifest necessity, or when the defendant requests a new trial, does not violate the Double Jeopardy Clause.
• Fulton v. Emerson Elec. Co.
  420 F.2d 527· 5th Cir.· 1969-12-22 ·cited 12×
  The court held that the district court's dismissal of the employees' Civil Rights Act claims was premature, as the pleadings sufficiently alleged state action and the claims were not entirely preempted by the National Labor Relations Board.
• Smartt v. Avery
  370 F.2d 788· 6th Cir.· 1967-01-06 ·cited 12×
  A state regulation that postpones parole eligibility for inmates seeking habeas corpus relief is unconstitutional as it deters the exercise of a present right.
• Beauregard v. Wingard
  362 F.2d 901· 9th Cir.· 1966-06-20 ·cited 12×
  An arrest made with probable cause does not violate civil rights, even if the investigation was maliciously inspired or the defendant is later acquitted.
• Lawline v. Am. BAR Ass'n
  956 F.2d 1378· 7th Cir.· 1992-02-25 ·cited 10×
  The court held that the challenged legal ethics rules are immune from antitrust challenges and do not violate constitutional rights, affirming the dismissal of the plaintiffs' complaint.
• Capone v. Marinelli
  868 F.2d 102· 3d Cir.· 1989-02-23 ·cited 10×
  An officer who reasonably relies on a bulletin establishing the existence of an arrest warrant is entitled to qualified immunity for unlawful arrest and prosecution.
• Jackson v. Franklin Cnty. Sch. Bd.
  806 F.2d 623· 5th Cir.· 1986-12-24 ·cited 10×
  The court held that the school district violated James Jackson's due process rights and the Education for All Handicapped Children Act (EHA) by failing to provide proper notice and a hearing before excluding him from school.
• Schreiber v. Lugar
  518 F.2d 1099· 7th Cir.· 1975-07-14 ·cited 10×
  The court held that individual taxpayer claims cannot be aggregated to meet the jurisdictional amount requirement for federal question jurisdiction, and the civil rights claim was frivolous.
• Beal v. Holcombe
  193 F.2d 384· 5th Cir.· 1951-12-20 ·cited 10×
  The court held that denying negro citizens the use of municipal golf courses, while allowing white citizens to use them, constitutes forbidden discrimination, even if other park facilities are substantially equal.
• Learned v. City OF Bellevue
  860 F.2d 928· 9th Cir.· 1988-11-03 ·cited 9×
  Summary judgment for the employer was proper because the employee failed to produce evidence supporting claims under Title VII or the Fourteenth Amendment, and Title VII violations cannot form the basis of Section 1983 claims.
• Jane ROE I v. Abortion Abolition Soc'y
  811 F.2d 931· 5th Cir.· 1987-03-09 ·cited 9×
  The court held that the plaintiffs' class was not protected by 42 U.S.C. § 1985(3) because it was defined by the conspirators' beliefs rather than a shared characteristic of the victims, and that the class action allegations against the cities were not properly dismissed.
• Cameo Convalescent Ctr., Inc. v. Percy
  800 F.2d 108· 7th Cir.· 1986-08-27 ·cited 8×
  The court held that the district court did not err in granting summary judgment based on the intervening Supreme Court decision in Hudson v. Palmer, as adequate post-deprivation remedies existed under state law.
• Winicki v. Mallard
  783 F.2d 1567· 11th Cir.· 1986-03-13 ·cited 8×
  Federal courts should not entertain Section 1983 actions challenging state tax systems when plain, adequate, and complete state remedies are available, due to the principle of comity.
• Wood v. Sargeant
  694 F.2d 1159· 9th Cir.· 1982-12-17 ·cited 8×
  A taxpayer's inability to pay a state tax does not render the state's 'pay and sue' refund remedy inefficient, thus the federal Tax Injunction Act bars federal court jurisdiction.
• Taylor v. ST. Clair
  685 F.2d 982· 5th Cir.· 1982-09-16 ·cited 8×
  The court held that the nursing home's decision to discharge a patient was a private action, not state action, and thus did not violate the Fourteenth Amendment or § 1983, and that compliance with the consent decree satisfied related claims.
• Zichy v. The City OF Philadelphia
  590 F.2d 503· 3d Cir.· 1979-01-05 ·cited 8×
  The court held that the Supreme Court's decision in Nashville Gas Co. v. Satty requires reconsideration of Title VII claims regarding pregnancy-related leave policies, and that the district court should reconsider the motion to amend the complaint to add a state law claim.
• Hattie Kendrick v. Walder
  527 F.2d 44· 7th Cir.· 1975-12-16 ·cited 8×
  The court held that a three-judge district court should have been convened to hear the challenge to the Illinois statute as applied to Cairo, Illinois, because the statute has statewide application and the challenge concerns its constitutionality.
• Flossie v. Grimes
  462 F.2d 650· 4th Cir.· 1972-06-06 ·cited 8×
  The court held that the hearing afforded to the non-tenured teacher, even if she was entitled to one, satisfied the minimum requirements of procedural due process.
• Kish v. The Cnty. OF Milwaukee
  441 F.2d 901· 7th Cir.· 1971-04-14 ·cited 8×
  The court held that a sheriff is not personally liable under 42 U.S.C. § 1983 for prisoner assaults if the assaults resulted from jail overcrowding and poor construction, and the sheriff made reasonable efforts to alleviate those conditions.
• Felton v. Hodges
  374 F.2d 337· 5th Cir.· 1967-03-22 ·cited 8×
  A state may regulate the conduct of its own citizens on the high seas concerning matters of legitimate state interest, even if the conduct occurs outside territorial waters, and arrests made in furtherance of such regulation are permissible.
• In re The Est. OF Helen Smith v. City OF Hollywood
  644 So. 2d 158· Fla. 4th DCA· 1994-10-26 ·cited 6×
  A prevailing defendant in a section 1983 civil rights action is entitled to attorney's fees only when the plaintiff's claim is frivolous, unreasonable, or groundless, and a claim alleging police negligence in a high-speed chase resulting in death was not frivolous despite being d
• Duran v. Garrey Carruthers
  885 F.2d 1485· 10th Cir.· 1989-09-15 ·cited 6×
  The court held that the district court did not err in denying the defendants' motion to vacate parts of the consent decree, affirming the lower court's decision.
• Lubavitch OF Iowa, Inc. v. Walters
  873 F.2d 1161· 8th Cir.· 1989-05-08 ·cited 6×
• His Excellency v. Ramos
  835 F.2d 1486· 1st Cir.· 1987-12-30 ·cited 6×
  The court (in part V) affirmed that appellant did not establish a First Amendment claim against DACO. The concurring judge expressed optimism regarding the continued availability of the interjurisdictional certification procedure.
• Uzzell v. Friday
  591 F.2d 997· 4th Cir.· 1979-02-02 ·cited 6×
  The dissenting judges believe the case should be remanded for further evidence and findings of fact regarding the university's regulations and potential mootness.
• Goodloe v. Davis
  514 F.2d 1274· 5th Cir.· 1975-06-20 ·cited 6×
  Private parties cannot evade responsibility for constitutional violations by claiming lack of control when acting under color of law or in furtherance of discriminatory policies.
• Mrs. Concha Lopez v. Luginbill
  483 F.2d 486· 10th Cir.· 1973-08-27 ·cited 6×
  The court held that the trial court lacked jurisdiction because the appellees failed to establish a cause of action under the Civil Rights Act or demonstrate the required jurisdictional amount, and no implied civil remedy exists for PAC members under Title I.
• 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.
• Phillips v. Rockefeller
  435 F.2d 976· 2d Cir.· 1970-12-11 ·cited 6×
  The Seventeenth Amendment's requirement that Senators be "elected by the people thereof" does not mandate that a candidate receive a majority of the votes cast, but rather permits election by a plurality.
• Runette Turner v. Thompson
  421 F.2d 771· 5th Cir.· 1970-02-09 ·cited 6×
  The court held that the plaintiff failed to demonstrate a denial of procedural due process when her beer license was rescinded pending a public hearing.
• Commodore Tilden v. Pate
  390 F.2d 614· 7th Cir.· 1968-02-07 ·cited 6×
  The court held that the plaintiff failed to demonstrate that the district court's conclusion that his allegations were frivolous and fictitious was erroneous.
• Deloach v. Candler Rogers and Mark Dukes (Dora S. Rogers as Administratrix of the estate of Candler Rogers
  268 F.2d 928· 5th Cir.· 1959-07-30 ·cited 6×
  The court held that the federal district court lacked jurisdiction over the state law claims of false arrest and assault and battery, even when framed as constitutional violations.
• Evans v. Buchanan
  256 F.2d 688· 3d Cir.· 1958-05-28 ·cited 6×
  The State Board of Education and Superintendent have the authority and duty to implement desegregation plans, and their fear of contempt due to local boards' non-compliance is not a valid defense.
• Cervantez v. Whitfield
  776 F.2d 556· 5th Cir.· 1985-11-18 ·cited 4×
  The court held that plaintiffs were not prevailing parties under the Equal Access to Justice Act because the settlement with the INS did not provide relief beyond what existing law already required, and thus, attorney's fees were not warranted.
• Austin v. Brown Local Sch. Dist.
  746 F.2d 1161· 6th Cir.· 1984-10-25 ·cited 4×
  The district court properly dismissed claims under § 504 of the Rehabilitation Act and 42 U.S.C. § 1983 because the Education for All Handicapped Children Act (EAHCA) provides the sole remedy for claims related to a free appropriate public education.
• Cont'l Ins. Co. v. Ill. Dep't OF Transp.
  709 F.2d 471· 7th Cir.· 1983-06-08 ·cited 4×
  The Eleventh Amendment does not bar a suit seeking to declare a state's statutory liability limit unconstitutional, even if compliance might indirectly affect the state treasury, as long as the suit seeks prospective relief and not direct monetary damages from the state.
• Modjeska M. Simkins v. Gressette
  631 F.2d 287· 4th Cir.· 1980-09-22 ·cited 4×
  The court held that the plaintiffs failed to state a substantial claim of unconstitutional vote dilution, and that equitable principles barred relief due to the delay in filing the lawsuit.
• Guesnon v. McHENRY
  539 F.2d 1075· 5th Cir.· 1976-10-04 ·cited 4×
  The court held that a private cause of action cannot be implied from the HUD regulation at issue, and the case should be remanded to allow for HUD's participation.