Discrimination Under 42 U.S.C. § 1983

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

• United States v. The City OF Miami
  664 F.2d 435· 5th Cir.· 1981-12-03 ·cited 162×
  The appellate court affirmed the district court's approval of a consent decree designed to remedy past discrimination in the Miami Police Department. The court held that the decree did not abridge the collective bargaining rights of the police unions, as the unions failed to demo
• Cohen v. Ill. Inst. OF Tech.
  524 F.2d 818· 7th Cir.· 1975-10-28 ·cited 60×
  A private university's alleged discrimination against women faculty does not constitute action under color of state law for § 1983, nor is a conspiracy to violate Fourteenth Amendment rights actionable under § 1985(3) without state action.
• Caban-Wheeler v. William Elsea, M.D.
  904 F.2d 1549· 11th Cir.· 1990-07-10 ·cited 45×
  The court held that the district court erred in adopting the Special Master's Report without fully addressing direct evidence of discrimination and making complete analytical findings, necessitating a remand.
• WU v. Thomas
  847 F.2d 1480· 11th Cir.· 1988-06-07 ·cited 43×
  The court held that the plaintiff failed to establish a prima facie case of sex discrimination under Title VII and Section 1983, and that pay disparities were justified by factors other than sex under the Equal Pay Act.
• Bronze Shields, Inc. v. The NEW Jersey Dep't OF Civil Serv.
  667 F.2d 1074· 3d Cir.· 1981-12-01 ·cited 42×
  The court held that Title VII charges filed after the 180-day period following the promulgation of a discriminatory eligibility roster, but before the roster's use for hiring, were untimely. The court also held that claims under 42 U.S.C. § 1981 require proof of intentional discr
• Friedel v. City OF Madison
  832 F.2d 965· 7th Cir.· 1987-10-13 ·cited 38×
  The court held that the plaintiffs failed to present sufficient evidence to create a genuine dispute of material fact regarding intentional discrimination, and thus summary judgment for the defendants was appropriate.
• 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
• Maudotha R. White v. Wash. Pub. Power Supply Sys.
  692 F.2d 1286· 9th Cir.· 1982-11-23 ·cited 24×
  The court held that the trial court erred in allocating the burden of proof in a Title VII disparate treatment case and in awarding punitive damages under certain statutes, requiring reversal and remand for a new trial.
• Nash v. The Consol. City OF Jacksonville
  763 F.2d 1393· 11th Cir.· 1985-06-25 ·cited 22×
  A Black firefighter challenged his non-promotion to lieutenant based on a written examination under Title VII's disparate impact theory. The district court found the test was job-related and business necessary, but the Eleventh Circuit reversed as clearly erroneous because the tr
• KIM v. Coppin State Coll.
  662 F.2d 1055· 4th Cir.· 1981-10-26 ·cited 22×
  The court held that the district court erred in granting a directed verdict on the compensation issue, particularly concerning the First Amendment claim, and remanded for a new trial on that issue, while affirming the directed verdict on promotion and working conditions.
• Parker v. The Bd. OF Sch. Comm'rs OF the City OF Indianapolis
  729 F.2d 524· 7th Cir.· 1984-03-13 ·cited 18×
  The court held that the plaintiff failed to prove intentional sex discrimination under Title VII and § 1983, and that the district court did not abuse its discretion in excluding expert testimony.
• Gladys Banks v. Chesapeake & Potomac Tel. Co.
  802 F.2d 1416· D.C. Cir.· 1986-09-05 ·cited 16×
  The court held that the reasoning in Section II of the majority opinion was flawed regarding the application of Wilson v. Garcia to section 1981 actions.
• Houston M. Evans v. The Harnett Cnty. Bd. OF Educ.
  684 F.2d 304· 4th Cir.· 1982-07-27 ·cited 15×
  The court held that the district court erred in failing to grant injunctive relief against an unlawful employment practice and in its allocation of the burden of proof regarding the plaintiff's individual claim.
• Brogan v. Wiggins Sch. Dist. and/or Bd. of Educ.
  588 F.2d 409· 10th Cir.· 1978-12-13 ·cited 12×
  The court held that the trial court properly granted summary judgment because the plaintiff failed to establish a prima facie case of discrimination and did not meet the qualifications for the certificate, and claims were barred by the statute of limitations or failure to exhaust
• Howard v. NEW Jersey Dep't OF Civil Serv.
  667 F.2d 1099· 3d Cir.· 1981-12-04 ·cited 10×
  The court held that the plaintiffs lacked standing to challenge the physical agility test because they failed the initial written examination.
• Showers v. City of Bartow
  978 F. Supp. 1464· M.D. Fla.· 1997-09-24 ·cited 9×
  The court held that the plaintiff failed to state sufficient factual allegations to support claims under Title VII, § 1981, and § 1983, and also failed to exhaust administrative remedies for the Title VII claim, but denied dismissal for lack of jurisdiction over the state law cla
• Penk v. Or. State Bd. OF Higher Educ.
  816 F.2d 458· 9th Cir.· 1987-04-29 ·cited 8×
  The court held that the trial court did not err in its findings of fact, allocation of burdens of proof, or in denying a fair trial, affirming the dismissal of most claims.
• Griffin v. City OF Omaha
  785 F.2d 620· 8th Cir.· 1986-03-04 ·cited 8×
  The court held that the district court clearly erred in finding that the appellants were not subject to intentional discrimination and that the termination standards were applied correctly. The court reversed the judgment for Griffin and remanded for further consideration of McWh
• Davis v. Se. Pa. Transp. Auth. & City of Philadelphia & P/O John Doe
  924 F.2d 51· 3d Cir.· 1991-01-22 ·cited 4×
  The court held that a district court cannot reduce an attorney fee award solely based on proportionality to the damages recovered, but affirmed the reduction because the plaintiff achieved only limited success by not pursuing equitable relief.
• Gonzalez v. Pub. Health Tr.
  686 F. Supp. 898· S.D. Fla.· 1988-06-17 ·cited 4×
  The court held that Title VII is not the exclusive remedy for claims brought under 42 U.S.C. § 1981, and that a municipality cannot be held liable under § 1981 or § 1983 without proof of a discriminatory custom or policy.
• Black Ass'n OF NEW Orleans Fire Fighters (Banoff) v. The City OF NEW Orleans
  911 F.2d 1063· 5th Cir.· 1990-09-14 ·cited 2×
  The court held that the appeal of the attorney's fee award was timely, but remanded the case because the district court failed to provide sufficient reasoning for the amount awarded.
• Love v. The Alamance Cnty. Bd. OF Educ.
  757 F.2d 1504· 4th Cir.· 1985-03-27 ·cited 2×
  The court held that the school board's articulated reasons for not promoting the plaintiff were legitimate and non-discriminatory, and that the plaintiff failed to prove pretext or a recent history of discrimination sufficient to shift the burden of persuasion.
• Tosti v. City OF LOS Angeles
  754 F.2d 1485· 9th Cir.· 1985-03-04 ·cited 2×
  The court held that the Supreme Court's decision in Monell v. New York City Department of Social Services applies retroactively to discriminatory acts predating the decision, and that the statute of limitations was tolled by the pendency of a related class action.
• Young-Henderson v. Spartanburg Area Mental Health Ctr.
  945 F.2d 770· 4th Cir.· 1991-09-20 ·cited 1×
  The court held that the Consent Order in the prior lawsuit only barred claims actually raised in that complaint, not subsequent claims or those that arose later, and that a plaintiff's response to interrogatories does not constitute a new claim.
• Webb v. City of Venice
  M.D. Fla.· 2023-03-24
  The court recommended granting the plaintiff's renewed motion for entitlement to attorney's fees and costs, finding it timely filed due to a pending motion for judgment as a matter of law, but denied the plaintiff's initial motion for fees as untimely.
• Jackman v. 20th Jud. Cir. Court Admin.
  M.D. Fla.· 2020-10-28
  The court granted in part the motion to dismiss, dismissing the conspiracy claim and the § 1986 claim with prejudice, while denying the motion on other grounds.
• Peden v. Suwannee Cnty. Sch. Bd.
  837 F. Supp. 1188· M.D. Fla.· 1993-11-18
  The court held that the plaintiff failed to establish a prima facie case of sex discrimination for the Vocational Director position and that her contract non-renewal was not retaliatory, affirming the jury's findings and denying a new trial.
• Silver v. The City Univ. OF NEW York
  947 F.2d 1021· 2d Cir.· 1991-10-23
  The court held that the plaintiff provided insufficient evidence of discriminatory intent or purpose to support his claims of race and sex discrimination under Title VII and Section 1983.