Injunctive Relief

8,020 Florida cases classified under this topic · sorted by citation count

• Lombardi v. Small Bus. Admin.
  889 F.2d 959· 10th Cir.· 1989-11-20 ·cited 18×
  A Bivens action for damages is precluded for federal employees when Congress has established a comprehensive statutory scheme, such as the Civil Service Reform Act, even if no remedy is provided for a specific constitutional violation.
• Countryside Christian Ctr., Inc. v. City OF Clearwater
  542 So. 2d 1037· Fla. 2d DCA· 1989-04-14 ·cited 18×
  Trial court erred in dismissing with prejudice a complaint challenging a city's annexation-before-sewer-service policy; dismissal should have been without prejudice to allow amendment.
• Equal Emp. Opportunity Comm'n v. Gen. Lines, Inc.
  865 F.2d 1555· 10th Cir.· 1989-01-20 ·cited 18×
  The court held that the district court did not err in denying reinstatement or front pay, nor in refusing to enjoin future retaliation, as the employees had relocated and hostility precluded a productive relationship, and there was no showing of continuing unlawful practices.
• Hensley v. Wilson
  850 F.2d 269· 6th Cir.· 1988-06-20 ·cited 18×
  Prison officials are entitled to qualified immunity from damages claims because the law regarding independent assessment of confidential informant reliability was not clearly established at the time of the disciplinary hearings. However, injunctive relief is appropriate where dis
• Williams v. Hepting
  844 F.2d 138· 3d Cir.· 1988-04-18 ·cited 18×
  Witnesses are entitled to absolute immunity for testimony given at pretrial hearings, and federal courts should stay, rather than dismiss, civil rights claims for damages that cannot be redressed in ongoing state proceedings.
• Wynn OIL Co. & Classic Car Wash, Inc. v. Thomas
  839 F.2d 1183· 6th Cir.· 1988-02-24 ·cited 18×
  The court held that there was a likelihood of confusion between the parties' marks, constituting trademark infringement, and reversed the district court's judgment.
• Anders A. Kverne v. Rollins Protective Servs. Co.
  515 So. 2d 1320· Fla. 3d DCA· 1987-11-17 ·cited 18×
  The court held that a former employee's status as a service technician does not preclude enforcement of a non-competition agreement, and the injunction duration should match the agreement's terms.
• Dorman v. Higgins
  821 F.2d 133· 2d Cir.· 1987-06-09 ·cited 18×
  Federal probation officers are entitled to absolute immunity for preparing presentence reports, and collateral estoppel bars claims that such reports influenced sentencing if the court did not rely on them.
• Ulus Jorden, Jr. v. Nat'l Guard Bureau
  799 F.2d 99· 3d Cir.· 1986-08-27 ·cited 18×
  State national guard officials are not immune from section 1983 damage suits because the rationale for federal military immunity does not apply to them.
• Brunken v. Carol Lance & the Ill. Dep't of Child. & Fam. Servs.
  807 F.2d 1325· 7th Cir.· 1986-08-22 ·cited 18×
  The court held that the district court should have abstained under Younger v. Harris, and that the father's due process claim failed because the alleged deprivation was at most negligent, not intentional. Injunctive relief against a state agency is barred by the Eleventh Amendmen
• The Squaxin Island Tribe v. The State OF Wash.
  781 F.2d 715· 9th Cir.· 1986-01-24 ·cited 18×
  The state may lawfully regulate and tax tribal liquor sales to non-Indians, but the tribes' sovereign immunity bars the state's counterclaim for taxes due, though not the collection of security posted for a preliminary injunction.
• Home Depot, Inc. v. Guste
  773 F.2d 616· 5th Cir.· 1985-10-10 ·cited 18×
  The court held that Louisiana's Sunday Closing Law (La.Rev.Stat.Ann. § 51:194) does not violate the U.S. or Louisiana Constitutions and reversed the district court's injunction.
• City OF Palm BAY v. Bauman
  475 So. 2d 1322· Fla. 5th DCA· 1985-09-26 ·cited 18×
  The City of Palm Bay appealed an injunction prohibiting random, warrantless urine testing of police officers and firefighters for drug detection absent probable cause or during scheduled physical exams. The appellate court affirmed the injunction with modifications, establishing
• Ganey v. Edwards
  759 F.2d 337· 4th Cir.· 1985-04-02 ·cited 18×
  A plaintiff who proves a deprivation of a constitutional right is entitled to nominal damages, even without proof of actual injury.
• Lieutenant Mary Ogden v. The United States
  758 F.2d 1168· 7th Cir.· 1985-03-29 ·cited 18×
  The court held that while Chappell v. Wallace bars monetary damages claims by military personnel against superior officers, it does not preclude injunctive relief for constitutional violations.
• Fraser v. Bethel Sch. Dist. NO. 403
  755 F.2d 1356· 9th Cir.· 1985-03-04 ·cited 18×
  The dissenting judge argues that school authorities have the power to discipline students for indecent speech, even if it does not meet the 'substantial disruption' standard from Tinker v. Des Moines, because schools are unique environments with special needs.
• Bishop v. State BAR OF Tex.
  736 F.2d 292· 5th Cir.· 1984-07-16 ·cited 18×
  The court held that while Younger v. Harris generally bars federal interference with state disciplinary proceedings, an exception exists for allegations of bad faith prosecution, which can justify injunctive relief and damages.
• Howard v. Pierce
  738 F.2d 722· 6th Cir.· 1984-06-27 ·cited 18×
  Tenants of low-income housing may enforce the Brooke Amendment through private litigation seeking declaratory and injunctive relief, as Congress intended to confer federal rights upon them.
• DELTA AIR Lines, Inc. v. Dep't OF Revenue
  455 So. 2d 317· Fla.· 1984-06-14 ·cited 18×
  Delta Air Lines and other airlines challenged chapter 83-3, a Florida tax statute providing a corporate income tax credit for Florida-based airlines, claiming it violated the Commerce Clause. The Florida Supreme Court held that the corporate tax credit provision unconstitutionall
• Johnson v. McKASKLE
  727 F.2d 498· 5th Cir.· 1984-03-23 ·cited 18×
  The district court erred in dismissing a prisoner's § 1983 action with prejudice based on res judicata, as claims arising after the Ruiz v. Estelle judgment could not have been litigated in that class action.
• Dade Cnty. Police Benevolent Ass'n, Inc. v. Metro. Dade Cnty.
  452 So. 2d 6· Fla. 3d DCA· 1984-03-13 ·cited 18×
  Employees and their union challenged the dismissal of class action and individual claims alleging mismanagement of group insurance plans by Metropolitan Dade County and insurance carriers. The court affirmed dismissal of the class action for failure to plead proper class represen
• Redding Ford v. Cal. State Bd. OF Equalization
  722 F.2d 496· 9th Cir.· 1983-12-16 ·cited 18×
  The Tax Injunction Act bars federal jurisdiction over state tax collection when a plain, speedy, and efficient state remedy exists, even if the taxpayer cannot afford to pay the tax upfront.
• Ariz. Past & Future Found., Inc. v. Drew Lewis
  722 F.2d 1423· 9th Cir.· 1983-10-11 ·cited 18×
  The court held that the Secretary of Transportation did not abuse his discretion in approving the West Papago Alternative for Interstate 10 construction, finding no feasible or prudent alternatives and no use of historic sites, and that the district court did not err in denying t
• Zernial v. United States
  714 F.2d 431· 5th Cir.· 1983-09-12 ·cited 18×
  The court held that the district court properly dismissed the plaintiff's claims, primarily due to lack of subject-matter jurisdiction under the Anti-Injunction Act and for failure to state a claim on frivolous grounds.
• Islandia Condo. Ass'n, Inc. v. Vermut
  438 So. 2d 89· Fla. 4th DCA· 1983-09-07 ·cited 18×
  Florida appellate court reversed a preliminary injunction preventing a condominium association from repainting a unit's exterior, holding that the trial court failed to demonstrate irreparable harm or inadequate remedy at law required for such extraordinary relief.
• White House Vigil FOR the ERA Comm. v. Watt
  717 F.2d 568· D.C. Cir.· 1983-08-18 ·cited 18×
  The court modified a preliminary injunction, upholding certain restrictions on signs used by White House demonstrators while reversing the injunction against parcel placement regulations, balancing First Amendment rights against presidential security.
• Canez v. Guerrero
  707 F.2d 443· 9th Cir.· 1983-06-03 ·cited 18×
  The court held that the appeal from the injunctions ordering a supervised union election is moot because the election has already occurred and the injunctions were limited to its conduct.
• Robert v. Carida
  427 So. 2d 803· Fla. 4th DCA· 1983-03-09 ·cited 18×
  A physician challenged a private hospital's refusal to reappoint him to its medical staff. The trial court dismissed two counts of his complaint based on the distinction between private and public hospitals, but the appellate court reversed, holding that Florida Statute 395.065 e
• Urbanizadora Versalles, Inc. v. Rios
  701 F.2d 993· 1st Cir.· 1983-03-02 ·cited 18×
  The court held that a 14-year "freeze" on property development due to an official map and zoning designation constituted an unconstitutional deprivation of property without due process, and the district court did not err in enjoining these restrictions.
• State OF Wis. v. Odric Baker
  698 F.2d 1323· 7th Cir.· 1983-01-26 ·cited 18×
  The court held that the district court had original subject-matter jurisdiction and that the defendants, as tribal officials, are not immune from suit if they acted beyond the scope of powers granted by federal law, specifically the 1854 treaty.
• Jones v. Ill. Dep't OF Rehab. Servs. & James S. Jeffers
  689 F.2d 724· 7th Cir.· 1982-09-27 ·cited 18×
  The court held that the district court correctly determined IDRS had primary responsibility for providing interpreter services under Section 504 and that Jones' graduation did not moot the case. However, the court reversed and remanded the denial of costs for Jones.
• James P. Kartell, M.D. v. Rodkey, M.D.
  687 F.2d 543· 1st Cir.· 1982-09-08 ·cited 18×
  The court held that the district court's order allowing intervention but barring new claims is not a final order and does not constitute an appealable denial of injunctive relief, thus dismissing the appeal for lack of jurisdiction.
• Lennie Crosby v. Bowling
  683 F.2d 1068· 7th Cir.· 1982-07-20 ·cited 18×
  The court held that the plaintiffs were prevailing parties entitled to attorney's fees under 42 U.S.C. § 1988, that no special circumstances rendered the award unjust, and that the district court did not abuse its discretion in the amount awarded.
• Louis v. Nelson
  544 F. Supp. 1004· S.D. Fla.· 1982-06-29 ·cited 18×
  The court held that the INS's policy of detaining Haitian nationals pending admission was adopted in violation of the Administrative Procedure Act and ordered their release on parole, while also finding no discrimination based on race or national origin.
• DEL Valle v. Biltmore II Condo. Ass'n, Inc.
  411 So. 2d 1356· Fla. 3d DCA· 1982-04-06 ·cited 18×
  The dissenting judge would affirm the order awarding attorney's fees based on equitable estoppel arising from the defendant's inconsistent positions.
• Schutt Mfg. Co. v. Riddell, Inc.
  673 F.2d 202· 7th Cir.· 1982-03-22 ·cited 18×
  The court held that the patent was invalid for obviousness and that summary judgment was appropriate for claims of trademark infringement and unfair competition due to lack of demonstrated damages and mootness of injunctive relief.
• Arceneaux v. Treen
  671 F.2d 128· 5th Cir.· 1982-03-22 ·cited 18×
  The court held that Louisiana's dual employment law withstands equal protection scrutiny under the minimum rationality test mandated by Dukes.
• Alden Werch v. City OF Berlin
  673 F.2d 192· 7th Cir.· 1982-03-17 ·cited 18×
  The court held that the district court correctly dismissed the section 1983 suit for lack of subject matter jurisdiction due to the availability of adequate state remedies and properly awarded attorney's fees for a frivolous action.
• Foxtrap v. Foxtrap
  671 F.2d 636· D.C. Cir.· 1982-02-26 ·cited 18×
  The court held that an injunction for trademark infringement was appropriate, but the monetary award must be vacated and remanded due to the lack of specific findings of fact and conclusions of law supporting the award.
• Green v. William T. (Billy) Ferrell
  664 F.2d 1292· 5th Cir.· 1982-01-06 ·cited 18×
  The court held that the district court erred in dismissing the prisoners' actions for lack of subject matter jurisdiction and in excluding pretrial detainees from the plaintiff class.
• Hamlin v. Warren
  664 F.2d 29· 4th Cir.· 1981-11-03 ·cited 18×
  The dissent argues that a state prisoner's claim for damages under § 1983, which does not directly attack the fact or length of confinement, should not require exhaustion of state remedies.
• Crezette Allen v. Bergland
  661 F.2d 1001· 4th Cir.· 1981-10-07 ·cited 18×
  The Department of Agriculture's interpretation of its food stamp regulations, which counted retroactive lump-sum AFDC payments as income, was unreasonable and inconsistent with the regulations themselves.
• Hall v. Bd. OF Sch. Comm'rs OF Conecuh Cnty.
  656 F.2d 999· 5th Cir.· 1981-09-21 ·cited 18×
  The court held that the voluntary cessation of allegedly illegal conduct does not moot a case if there is a reasonable expectation the violations will recur, and that the Bible Literature course, as taught, violated the Establishment Clause.
• Grace v. Burger
  665 F.2d 1193· D.C. Cir.· 1981-09-08 ·cited 18×
  The dissenting judge believes that section 13k, when reasonably construed, is constitutional and serves a legitimate governmental interest in maintaining order and the appearance of justice at the Supreme Court. The judge disagrees with the majority's finding of facial unconstitu
• Willie M. v. Hunt
  657 F.2d 55· 4th Cir.· 1981-08-11 ·cited 18×
  The court held that the consent decree did not contemplate the inclusion of minors confined under criminal sentences in Department of Correction facilities within the certified class.
• Hawthorne OIL & GAS Corp. v. Dep't OF Energy & Scurlock Oil Co.
  647 F.2d 1107· Temp. Emer. Ct. App.· 1981-04-24 ·cited 18×
  A party must exhaust administrative remedies before seeking judicial relief for alleged injuries from administrative action, absent exceptional circumstances.
• Hilary Davis v. Page
  640 F.2d 599· 5th Cir.· 1981-03-23 ·cited 18×
  The dissenting judge argues that federal habeas corpus relief is an inappropriate vehicle for addressing state child custody disputes, and that federal courts should defer to state courts in such matters.
• Scott v. Plante
  641 F.2d 117· 3d Cir.· 1981-02-05 ·cited 18×
  The court held that the trial court erred in denying equitable relief regarding the conditions of confinement and vacated the judgment, remanding for further proceedings.
• Coley v. Clinton
  635 F.2d 1364· 8th Cir.· 1980-12-16 ·cited 18×
  The court held that the district court correctly abstained from ruling on commitment and release procedures due to unclear state law and affirmed the abstention regarding confinement conditions. It vacated rulings on confinement constitutionality and class certification, remandin
• United Transp. Union v. Long Island Rail Rd. Co. & Metro. Transp. Auth. of N.Y.
  634 F.2d 19· 2d Cir.· 1980-09-15 ·cited 18×
  The Railway Labor Act (RLA) preempts New York's Taylor Law regarding strikes by employees of the state-owned Long Island Rail Road (LIRR) because the LIRR's operation constitutes an integral governmental function, and the federal interest in allowing strikes is not demonstrably g