Violation Of 42 U.S.C. § 1983

1,055 Florida cases classified under this topic, plus 2,310 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Winfrey v. Lou Brewer
  570 F.2d 761· 8th Cir.· 1978-02-15 ·cited 34×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the district court erred by dismissing the complaint as a summary judgment without providing the required notice and opportunity to oppose.
• Ohio Inns, Inc. v. NYE
  542 F.2d 673· 6th Cir.· 1976-10-06 ·cited 34×
  The court held that the plaintiff's claims under 42 U.S.C. §§ 1983 and 1985(3) failed to state a cause of action, and the state department was immune from suit.
• Glasscoe v. Howell
  431 F.2d 863· 8th Cir.· 1970-08-12 ·cited 34×·via 42 U.S.C. § 1983 Action
  The court held that the one-year statute of limitations for assault and battery or false imprisonment does not apply to a 42 U.S.C. § 1983 action; instead, a longer statute of limitations applies.
• James v. Headley
  410 F.2d 325· 5th Cir.· 1969-04-09 ·cited 34×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The Fifth Circuit holds that the right to court-appointed counsel, as articulated in Harvey v. Mississippi, applies to petty offenses and is alive and well in the circuit.
• Browns v. Mitchell
  409 F.2d 593· 10th Cir.· 1969-01-31 ·cited 34×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The disciplinary actions of a private university do not constitute state action under 42 U.S.C. § 1983, even with tax exemptions or public functions, unless the state has significantly insinuated itself into the challenged activity.
• Maynard v. Foster and LeBaron A. Foster
  398 F.2d 227· 5th Cir.· 1968-06-24 ·cited 34×
  Hospital bylaws requiring membership in a local medical society and endorsements from staff physicians are unreasonable and arbitrary, violating the Fourteenth Amendment's Equal Protection Clause.
• Jordan v. Hutcheson
  323 F.2d 597· 4th Cir.· 1963-09-17 ·cited 34×
  A federal court has the power to enjoin state legislative committee actions that violate citizens' constitutional rights, even if the committee acts under color of state law.
• Sofarelli v. Pinellas Cnty.
  931 F.2d 718· 11th Cir.· 1991-04-29 ·cited 33×
  The court held that Sofarelli stated a claim under the Fair Housing Act against the neighbors, but not against the county or sheriff. The court also held that § 1983 claims against all parties failed.
• Martinelli v. Dugger
  817 F.2d 1499· 11th Cir.· 1987-06-01 ·cited 33×·via Violation Of First Amendment Rights Under 42 U.S.C. § 1983
  Prison grooming and dietary regulations are rationally related to substantial government interests and are not unconstitutional infringements on inmate religious freedom when balanced against penological objectives. The medical exemption for beards is not a less restrictive alter
• Harris v. Deveaux
  780 F.2d 911· 11th Cir.· 1986-01-21 ·cited 33×·via 42 U.S.C. § 1983 Action
• Kidd v. O'Neil
  774 F.2d 1252· 4th Cir.· 1985-09-23 ·cited 33×·via 42 U.S.C. § 1983 (Excessive Force)
  The Fourth and Fourteenth Amendments provide protection against excessive force by state police during arrests, and the district court erred in requiring a specific intent to infringe a constitutional right for such claims.
• Murphy v. City OF Flagler Beach
  761 F.2d 622· 11th Cir.· 1985-05-28 ·cited 33×
  The court held that the trial judge erred in excluding relevant evidence and making prejudicial comments, requiring a retrial on the issue of the police chief's good faith and justification for termination. The court also found that the city was not vicariously liable for illegal
• Zeigler v. Jackson
  638 F.2d 776· 5th Cir.· 1981-03-02 ·cited 33×
  The court held that the Commission's termination of Zeigler violated his right to equal protection because similarly situated individuals with similar or more serious convictions were retained, and the Commission failed to provide a rational justification for the differential tre
• 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.
• Norris v. Frame
  585 F.2d 1183· 3d Cir.· 1978-10-31 ·cited 33×
  The court held that discontinuing a medically accepted course of treatment for a pretrial detainee, without demonstrating a legitimate security concern or administrative necessity, violates the detainee's due process rights.
• Eichler O. Kelly v. Springett
  527 F.2d 1090· 9th Cir.· 1975-09-05 ·cited 33×·via 42 U.S.C. § 1983 Action
  The court held that the district court properly granted summary judgment because the appellant's claim was essentially a tax refund action barred by 28 U.S.C. § 1341, and he failed to present specific facts showing a genuine issue for trial.
• de Vita v. Sills
  422 F.2d 1172· 3d Cir.· 1970-03-09 ·cited 33×
  The court held that the district court had jurisdiction under 42 U.S.C. § 1983 to enjoin state proceedings and that abstention was inappropriate, but the plaintiff's claims regarding self-incrimination, prejudicial publicity, and denial of effective counsel were not grounds for i
• D.R. v. Middle Bucks Area Vocational Tech. Sch.
  972 F.2d 1364· 3d Cir.· 1992-08-11 ·cited 32×
  The court held that compulsory school attendance, the minority status of students, and the pervasive control schools exercise over students create a special relationship that imposes a constitutional duty on schools to protect students' liberty interests while in their functional
• Auriemma v. Rice
  910 F.2d 1449· 7th Cir.· 1990-08-20 ·cited 32×
  The dissenting judges would reverse the district court's denial of summary judgment on the race discrimination and retaliation claims, arguing that qualified immunity should apply and the retaliation claim does not involve a matter of public concern.
• Serio v. Members OF La. State Bd. OF Pardons
  821 F.2d 1112· 5th Cir.· 1987-07-17 ·cited 32×·via 42 U.S.C. § 1983 Claim For Damages
  Members of the Louisiana State Board of Pardons are absolutely immune from § 1983 damages claims. Claims for injunctive relief that are essentially attacks on a single parole hearing require exhaustion of state habeas corpus remedies.
• Poole v. Lambert
  819 F.2d 1025· 11th Cir.· 1987-06-19 ·cited 32×·via 42 U.S.C. § 1983 Action
  The court held that dismissing a prisoner's case for failure to prosecute was an unduly severe sanction when the district court failed to rule on the motion for appointment of counsel and did not consider all relevant factors before denying a writ of habeas corpus ad testificandu
• Barr v. Abrams
  810 F.2d 358· 2d Cir.· 1987-01-28 ·cited 32×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Prosecutors are absolutely immune from civil rights liability for actions intimately associated with the judicial phase of the criminal process, unless they proceed in the clear absence of all jurisdiction; otherwise, qualified immunity applies. Investigators are protected by qua
• Hinshaw v. Doffer
  785 F.2d 1260· 5th Cir.· 1986-03-28 ·cited 32×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the evidence was insufficient to support a judgment against the police chief for failure to supervise or train the officer, but sufficient to support judgments against the officer for false arrest and excessive force. The court also held that the officer is fu
• Wheeler v. Mental Health & Mental Retardation Auth. OF Harris Cnty.
  752 F.2d 1063· 5th Cir.· 1985-02-11 ·cited 32×
  The court held that the plaintiff was denied constitutional procedural due process when she was not given prior written notice of dismissal reasons and an opportunity to respond, but that she did not establish a violation of MHMRA's internal procedures. The court also vacated the
• Milan Schultz v. Baumgart
  738 F.2d 231· 7th Cir.· 1984-07-02 ·cited 32×·via 42 U.S.C. § 1983 Claim For Damages
  A public employee with a property interest in their job must receive prior notice and a meaningful opportunity to respond before termination; post-termination remedies do not cure a pre-termination due process violation if pre-termination procedures were practicable. Individual l
• Boatowners & Tenants Ass'n, Inc. v. Port OF Seattle
  716 F.2d 669· 9th Cir.· 1983-09-22 ·cited 32×·via 42 U.S.C. § 1983 Cause Of Action
  The court held that the River and Harbor Improvements Act does not create enforceable federal rights for pleasure craft owners, thus precluding a cause of action under 42 U.S.C. § 1983.
• R.W.T. v. The Honorable Donald E. Dalton
  712 F.2d 1225· 8th Cir.· 1983-07-11 ·cited 32×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  Juveniles detained without a probable-cause determination by a neutral magistrate violate the Fourth and Fourteenth Amendments, regardless of whether the alleged act is criminal or a status offense. State judges are not proper defendants for prospective relief under § 1983, but t
• S. JAM, Inc. v. Robinson
  675 F.2d 94· 5th Cir.· 1982-05-06 ·cited 32×·via § 1983
  The court held that res judicata applies to § 1983 actions when parties had a full and fair opportunity to litigate their claims in prior state court proceedings.
• Clark v. The City OF LOS Angeles
  650 F.2d 1033· 9th Cir.· 1981-07-13 ·cited 32×
  The court held that the admission of a diary as evidence was reversible error because it was not a business record or recorded recollection and was highly prejudicial. The court also affirmed the denial of the motion to declare the zoning ordinance unconstitutional.
• Rubin v. O'Koren
  644 F.2d 1023· 5th Cir.· 1981-05-11 ·cited 32×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's cause of action was timely because the alleged civil rights violations continued until the university grievance committee upheld her dismissal.
• Cole v. Cole
  633 F.2d 1083· 4th Cir.· 1980-10-09 ·cited 32×
  The court held that the domestic relations exception to diversity jurisdiction does not bar claims for torts like malicious prosecution or arson, even if arising from a marital dispute, and that summary judgment was improperly granted where genuine issues of material fact existed
• Prochaska v. Marcoux
  632 F.2d 848· 10th Cir.· 1980-09-09 ·cited 32×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court affirmed the trial court's denial of attorney's fees to the defendant, finding the plaintiff's action was not frivolous, unreasonable, or without foundation.
• Gurmankin v. Costanzo
  626 F.2d 1115· 3d Cir.· 1980-06-30 ·cited 32×·via Section 1983
  The majority opinion awarded additional backpay to Ms. Gurmankin for the period 1970-1976, importing a Title VII presumption into a Section 1983 claim.
• Lawrence H. "Dude" Hennessey and Wendell Hudson v. Nat'l Collegiate Athletic Ass'n
  564 F.2d 1136· 5th Cir.· 1977-12-16 ·cited 32×
  The court held that the NCAA's Bylaw 12-1 was valid and applicable, and that the plaintiffs' claims for tortious interference, Fourteenth Amendment violations, and antitrust violations failed.
• Williams v. Walsh
  558 F.2d 667· 2d Cir.· 1977-06-27 ·cited 32×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's § 1983 action was time-barred by the borrowed Connecticut tort statute of limitations, and that neither the equitable claim for reinstatement nor tolling of the statute were applicable.
• Bliss O. Bignall, Jr. v. N. Idaho Coll.
  538 F.2d 243· 9th Cir.· 1976-06-17 ·cited 32×
  The court held that while the college provided inadequate notice of the reasons for non-renewal, the overall process, including a de novo trial, provided substantial due process, and the college's decision was based on valid, non-discriminatory reasons.
• Carter v. Estelle
  519 F.2d 1136· 5th Cir.· 1975-09-24 ·cited 32×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Prison administrators can be held vicariously liable for subordinate guards' actions, and a civil rights action lies for wrongful confiscation or loss of inmate property.
• Blue v. Craig
  505 F.2d 830· 4th Cir.· 1974-10-18 ·cited 32×·via 42 U.S.C. § 1983 Action
  The court held that Section 1983 provides a cause of action for deprivations of rights secured by federal laws, not just the Constitution, and that federal jurisdiction exists under Section 1343(3) and (4) for such claims, even if they involve welfare benefits.
• Morales v. Haines
  486 F.2d 880· 7th Cir.· 1973-10-11 ·cited 32×
  The court held that the denial of actual and punitive damages and attorneys' fees must be vacated and remanded for findings on racial discrimination, as this issue is material to those claims.
• Quarterman v. Byrd
  453 F.2d 54· 4th Cir.· 1971-11-26 ·cited 32×·via 42 U.S.C. § 1983 Action
  A school regulation prohibiting the distribution of printed material without prior permission is facially invalid if it lacks criteria for granting or denying permission and procedural safeguards for review.
• Tyrone, Inc. v. Wilkinson
  410 F.2d 639· 4th Cir.· 1969-05-06 ·cited 32×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that an adversary hearing is constitutionally required before seizure of a film to determine obscenity, but federal courts should not enjoin state prosecutions absent bad faith. A three-judge court is not required when the challenge is to the application of a statu
• Gately v. Sutton
  310 F.2d 107· 10th Cir.· 1962-10-16 ·cited 32×·via 42 U.S.C. § 1983 Action
  Federal courts lack jurisdiction to review state court disbarment orders or issue mandamus against state judges for actions within their jurisdiction.
• Davis v. Waller
  44 F.4th 1305· 11th Cir.· 2022-08-12 ·cited 31×·via § 1983
  Paul Donald Davis sued Georgia State Patrol officers Paul Waller and Shaun Browder after they shot him multiple times when he was forcibly driving an 84,000-pound logging truck at officers while being held at gunpoint by a violent fleeing felon, William Arnold. The Eleventh Circu
• Crocker v. Pleasant
  778 So. 2d 978· Fla.· 2001-02-01 ·cited 31×·via 42 U.S.C. § 1983 Action
  The Florida Supreme Court held that while the next of kin have a constitutionally protected interest in possessing a decedent's remains for burial, this interest does not preclude all Section 1983 claims. The court clarified that such claims require more than mere negligence and
• Jones v. Preuit & Mauldin
  851 F.2d 1321· 11th Cir.· 1988-08-10 ·cited 31×·via 42 U.S.C. § 1983 Claim For Damages
  The plurality opinion held that private defendants are entitled to qualified immunity in a section 1983 action. The dissenting judges disagreed, arguing that qualified immunity should not extend to private actors.
• MRS. W. v. Tirozzi
  832 F.2d 748· 2d Cir.· 1987-11-04 ·cited 31×·via 42 U.S.C. § 1983 Action
  The court held that a private right of action under 42 U.S.C. § 1983 is available for violations of the Education of the Handicapped Act, and that exhaustion requirements do not preclude such a civil action when administrative remedies are futile or inadequate.
• Acorn and Liz Wolff v. City OF Phoenix & the Chief of Police of the City of Phoenix
  798 F.2d 1260· 9th Cir.· 1986-09-02 ·cited 31×·via Violation Of First Amendment Rights Under 42 U.S.C. § 1983
  The court held that a Phoenix ordinance prohibiting solicitation from vehicle occupants is a constitutional time, place, and manner regulation because it is content-neutral, narrowly tailored to serve significant government interests in public safety and traffic flow, and leaves
• Texaco Inc. v. Pennzoil Co.
  784 F.2d 1133· 2d Cir.· 1986-02-20 ·cited 31×·via Violation Of Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  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
• Stokes v. Euda Delcambre
  710 F.2d 1120· 5th Cir.· 1983-08-01 ·cited 31×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that sufficient evidence supported the jury's verdict finding that the sheriff and deputy violated the prisoner's constitutional rights and were negligent, and that the punitive damages award was proper.
• Barksdale v. King
  699 F.2d 744· 5th Cir.· 1983-03-07 ·cited 31×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the pro se inmate's filing, liberally construed, sufficiently alleged a causal connection between the Secretary of Corrections' actions and the inmate's constitutional injury, thus stating a claim for relief.