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

• Manax v. Lanelle L. McNAMARA
  842 F.2d 808· 5th Cir.· 1988-04-21 ·cited 29×·via 42 U.S.C. § 1983 Violations
  The court held that the plaintiff failed to state a claim under RICO or 42 U.S.C. § 1983 because the alleged association lacked continuity for a RICO enterprise and the defendants' actions did not constitute state action for the § 1983 claim.
• Celeste R. Deary v. Three Un-Named Police Officers
  746 F.2d 185· 3d Cir.· 1984-10-12 ·cited 29×·via Section 1983
  The court held that the plaintiff's section 1983 claims were barred for failure to comply with the Virgin Islands Tort Claims Act notice requirements.
• Parrott v. Wilson
  707 F.2d 1262· 11th Cir.· 1983-06-23 ·cited 29×·via 42 U.S.C. § 1983 Action
  The court affirmed the trial court's judgment, finding no abuse of discretion in denying a jury trial, admitting a deposition due to witness unavailability, vitiating work product privilege due to unprofessional conduct, or in dismissing the case based on evidence of justificatio
• J.B. Smith v. Hightower
  693 F.2d 359· 5th Cir.· 1982-11-22 ·cited 29×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred by failing to consider the strength of the evidence of the Sheriff's guilt when determining if the prosecution was in good faith, and that the finding of retaliation was clearly erroneous.
• Hirst v. Gertzen
  676 F.2d 1252· 9th Cir.· 1982-05-10 ·cited 29×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The majority opinion reversed the trial court's decision, allowing evidence of a deputy sheriff's prior acts to be admissible for proving gross negligence and proximate cause in a civil rights action, despite the dissenting judge's view that such evidence was irrelevant and preju
• Winkler v. Cnty. OF DeKALB
  648 F.2d 411· 5th Cir.· 1981-06-19 ·cited 29×·via 42 U.S.C. § 1983 Action
  The court held that the employee had a protectable property interest in his job, entitling him to due process before demotion.
• Ensley Branch OF the N. A. A. C. P. v. Seibels
  616 F.2d 812· 5th Cir.· 1980-05-08 ·cited 29×
  The court held that the Personnel Board's use of police and firefighter selection tests violates Title VII because they were not proven to be job-related, but remanded the issue of when liability commenced.
• Manhart v. City OF LOS Angeles
  553 F.2d 581· 9th Cir.· 1976-11-23 ·cited 29×·via Violation Of Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  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.
• Sellers v. The Regents OF the Univ. OF Cal.
  432 F.2d 493· 9th Cir.· 1970-09-17 ·cited 29×·via 42 U.S.C. § 1983 Action
  The court held that the district court properly dismissed the complaint, refusing to convene a three-judge court, as there was no genuine threat of irreparable harm or chilling effect on First Amendment rights to warrant injunctive relief.
• Dolan Darling v. State
  45 So. 3d 444· Fla.· 2010-07-01 ·cited 28×·via 42 U.S.C. § 1983 Action
  Dolan Darling, a death-row inmate, challenged Florida's lethal injection protocol, the constitutionality of statutes prohibiting disclosure of executioners' identities, and whether Capital Collateral Regional Counsel (CCRC) attorneys could represent him in federal section 1983 cl
• Ross v. United States
  910 F.2d 1422· 7th Cir.· 1990-08-16 ·cited 28×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the United States and the City of Waukegan were properly dismissed, but the claim against Lake County for violating William Ross's constitutional rights by preventing rescue was cognizable under § 1983.
• Alva Gutierrez v. Mun. Court OF the Se. Jud. Dist.
  838 F.2d 1031· 9th Cir.· 1988-01-27 ·cited 28×
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction against an English-only rule, finding a likelihood of success on the merits under Title VII and the possibility of irreparable injury. It also held that the judges were not ent
• Mullis v. United States Bankr. Court FOR the Dist. OF Nev.
  828 F.2d 1385· 9th Cir.· 1987-09-24 ·cited 28×·via 42 U.S.C. § 1983 Action
  The court should not distinguish between state and federal judges regarding judicial immunity from prospective injunctive relief.
• Palmerin v. City OF Riverside
  794 F.2d 1409· 9th Cir.· 1986-07-21 ·cited 28×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that guilty pleas were admissible as admissions of resistance and that the failure to object contemporaneously at trial after an unsuccessful motion in limine did not waive the appeal issue. The court also dismissed the appeal regarding the marijuana due to an inco
• Hamilton v. Daley
  777 F.2d 1207· 7th Cir.· 1985-11-18 ·cited 28×·via Section 1983
  The court held that while the plaintiff's suit was frivolous and defendants were entitled to fees, the district court failed to adequately determine if all hours billed were reasonably expended in light of the frivolous nature of the claims. The court remanded for further finding
• Graham v. Baughman
  772 F.2d 441· 8th Cir.· 1985-09-06 ·cited 28×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that denying an inmate's request to call witnesses in a disciplinary hearing, without attempting to interview them even after the immediate crisis passed, violated procedural due process, but the inmate failed to prove actual damages from this violation.
• Marlin E. Jones v. Edwards
  770 F.2d 739· 8th Cir.· 1985-08-20 ·cited 28×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the strip search of Jones was an unreasonable search under the Fourth Amendment, and the district court erred in failing to grant his motion for judgment notwithstanding the verdict.
• Martelon v. Herbert R. Temple, Jr.
  747 F.2d 1348· 10th Cir.· 1984-11-08 ·cited 28×
  The court held that military personnel cannot sue superior officers for alleged constitutional violations under § 1983, and that termination regulations for National Guard technicians are consistent with statutory intent.
• Glover v. Ala. Dep't OF Corr.
  734 F.2d 691· 11th Cir.· 1984-06-18 ·cited 28×·via 42 U.S.C. § 1983 Action
  The court held that a governmental entity must be joined as a defendant in a § 1983 action to be held liable for attorney's fees, even if otherwise immune.
• Tingler v. Marshall
  716 F.2d 1109· 6th Cir.· 1983-09-15 ·cited 28×·via 42 U.S.C. § 1983 Action
• Cannon v. Univ. OF Health Sciences/THE Chicago Med. Sch.
  710 F.2d 351· 7th Cir.· 1983-06-14 ·cited 28×
  The court held that Title IX does not provide a damages remedy and the Eleventh Amendment bars damage claims against state universities under 42 U.S.C. § 1983. Laches may apply to equitable claims under § 1983 when legal remedies are barred.
• Pharr v. Hous. Auth. OF the City OF Prichard
  704 F.2d 1216· 11th Cir.· 1983-05-09 ·cited 28×
  The court held that the attorney's fee award should be based on the parties' fee agreement, which limits the recovery to the amount the plaintiff is contractually bound to pay, provided that amount is reasonable under the Johnson factors.
• Haislah v. Walton
  676 F.2d 208· 6th Cir.· 1982-04-21 ·cited 28×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The dissenting judge would affirm the district court's judgment, finding the jury instructions, when viewed as a whole, adequately apprised the jury of the relevant considerations and were not unduly prejudicial to the plaintiff.
• Branchcomb v. Lou Brewer
  669 F.2d 1297· 8th Cir.· 1982-02-11 ·cited 28×·via 42 U.S.C. § 1983 Action
  The court held that the trial court's findings of fact were insufficient to allow for intelligent appellate review of the defendants' state of mind.
• Ashbrook v. Harlan Hoffman
  617 F.2d 474· 7th Cir.· 1980-03-19 ·cited 28×
  Indiana partition commissioners are entitled to absolute quasi-judicial immunity for their conduct in handling a partition sale and distributing proceeds.
• Turner v. Raynes
  611 F.2d 92· 5th Cir.· 1980-01-31 ·cited 28×
  A justice of the peace is entitled to absolute judicial immunity for acts taken within their jurisdiction, even if those acts exceed their authority, as long as they do not act in the clear absence of all jurisdiction.
• Eusebia Fernandez v. Honorable Jose Trias Monge
  586 F.2d 848· 1st Cir.· 1978-09-28 ·cited 28×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the Younger abstention doctrine did not bar the federal action because the plaintiff lacked an adequate remedy in the Commonwealth courts for his pretrial detention claim, and the denial of certiorari was not a decision on the merits.
• McCOLLUM v. Stahl
  579 F.2d 869· 4th Cir.· 1978-07-19 ·cited 28×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that resubmitting inconsistent jury findings to the jury under Rule 49(a) was procedurally impermissible, and that the determination of whether a deputy sheriff is a policy-making or confidential employee dischargeable at will is a question for the jury.
• Strader v. Troy
  571 F.2d 1263· 4th Cir.· 1978-02-14 ·cited 28×·via 42 U.S.C. § 1983 Action
  The dissenting judge believes the majority incorrectly interpreted prior case law regarding the certainty required from a sentencing judge's certificate and improperly directed the North Carolina court to pass on the validity of Virginia convictions.
• Garrett v. Bamford
  538 F.2d 63· 3d Cir.· 1976-06-16 ·cited 28×
  The Tax Injunction Act does not bar federal court jurisdiction when state law provides no plain, speedy, and efficient remedy for systematic, intentional racial discrimination in tax assessments.
• Kirby v. Blackledge
  530 F.2d 583· 4th Cir.· 1976-01-19 ·cited 28×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in granting summary judgment, as genuine issues of material fact existed regarding prisoners' claims of due process violations and cruel and unusual punishment.
• Duba v. McINTYRE
  501 F.2d 590· 8th Cir.· 1974-07-18 ·cited 28×
  The court held that judicial immunity applies to officials acting within their general powers, even if in excess of jurisdiction, shielding them from civil rights claims under 42 U.S.C. § 1983.
• Forman v. Cmty. Servs., Inc.
  500 F.2d 1246· 2d Cir.· 1974-06-12 ·cited 28×·via 42 U.S.C. § 1983 Civil Rights Violations
  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'.
• Driscoll v. Int'l Union OF Operating Eng'rs
  484 F.2d 682· 7th Cir.· 1973-09-11 ·cited 28×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that a union member's challenge to a non-Communist affidavit requirement for candidacy, even if framed as a free speech issue, falls under Title IV of the LMRDA and must be pursued through the Secretary of Labor, not a private suit under Title I. Furthermore, the u
• Cruz v. W. B. (Bill) Hauck
  475 F.2d 475· 5th Cir.· 1973-03-08 ·cited 28×·via § 1983 Suit
  Prison regulations must not unreasonably invade a prisoner's access to the courts without persuasive governmental justification.
• Williams v. The Dade Cnty. Sch. Bd.
  441 F.2d 299· 5th Cir.· 1971-04-05 ·cited 28×·via § 1983 Suit
  A 30-day school suspension, in addition to an initial 10-day suspension, requires the "rudiments of an adversary hearing" to satisfy due process. An informal meeting to explain a decision already made is insufficient.
• Armstrong v. The Bd. OF Educ. OF the City OF Birmingham
  323 F.2d 333· 5th Cir.· 1963-07-12 ·cited 28×·via 42 U.S.C. § 1983 Action
  The court granted an injunction pending appeal regarding desegregation efforts.
• Prosper v. Martin
  989 F.3d 1242· 11th Cir.· 2021-03-05 ·cited 27×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court did not abuse its discretion in excluding expert testimony and did not err in granting summary judgment based on qualified immunity.
• ST. John v. Coisman
  799 So. 2d 1110· Fla. 5th DCA· 2001-11-16 ·cited 27×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  A former police officer (St. John) challenged a punitive damages award of $333,000 following a jury verdict finding him liable for falsely arresting a father (Coisman) who was attempting to exercise visitation rights with his children. The appellate court affirmed the liability a
• Hull v. Cuyahoga Valley Joint Vocational Sch. Dist. Bd. OF Educ.
  926 F.2d 505· 6th Cir.· 1991-02-15 ·cited 27×
  The court held that claims of discriminatory discharge are not cognizable under 42 U.S.C. § 1981 post-Patterson, but that a continuing violation theory may apply to § 1983 claims to overcome the statute of limitations. The court also reversed summary judgment for defendant Schuck
• Swank v. Smart
  898 F.2d 1247· 7th Cir.· 1990-03-27 ·cited 27×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the officer was deprived of procedural due process because he was not given an opportunity to respond to the police chief's written statement, which served as evidence against him. However, a genuine issue of material fact exists regarding whether he waived hi
• Wulf v. The City OF Wichita
  883 F.2d 842· 10th Cir.· 1989-10-31 ·cited 27×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's termination for insubordination, after refusing to answer questions in an internal investigation without an attorney, did not violate his First Amendment rights, but the punitive damages against the Chief of Police were reversed.
• Felicisimo N. Martin v. Gentile
  849 F.2d 863· 4th Cir.· 1988-06-17 ·cited 27×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the use of a loaded shotgun through a car windshield, causing fear, constituted an unreasonable use of force violating the Fourth Amendment, entitling the victim to damages.
• Metzger v. Osbeck
  841 F.2d 518· 3d Cir.· 1988-03-11 ·cited 27×·via Section 1983
  The court held that the plaintiff failed to produce sufficient evidence to demonstrate a constitutional violation under section 1983, as the teacher's actions did not rise to the level of excessive force or abuse of power, and the injuries were unexpected and unintended.
• Emery v. Holmes
  824 F.2d 143· 1st Cir.· 1987-07-29 ·cited 27×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that genuine issues of material fact exist regarding whether the officers' seizure of the plaintiff's automobile violated his Fourth Amendment rights and whether such conduct was within the scope of qualified immunity, thus affirming the denial of the officers' mot
• Rankin v. Colman
  476 So. 2d 234· Fla. 5th DCA· 1985-08-29 ·cited 27×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Roberta Rankin appealed the dismissal of her complaint alleging that Sheriff Colman unconstitutionally conducted a strip and body cavity search on her after her arrest for a traffic violation (failure to produce a driver's license). The appellate court reversed the dismissal, hol
• Spika v. The Vill. OF Lombard
  763 F.2d 282· 7th Cir.· 1985-05-22 ·cited 27×·via 42 U.S.C. § 1983 Action
  The court held that a district court's grant of relief under Rule 60(b)(6) to revive a lost right to appeal was improper when the sole asserted reason was the failure to receive notice of the judgment's entry, and the appellant demonstrated insufficient diligence.
• R. Anthony Marrese, M.D. v. Interqual, Inc.
  748 F.2d 373· 7th Cir.· 1984-11-06 ·cited 27×
  The court held that the plaintiffs' allegations were sufficient to establish the jurisdictional requirement of interstate commerce under the Sherman Act, but the defendants' conduct was exempt from antitrust laws under the state action doctrine.
• Gullatte v. Potts
  654 F.2d 1007· 5th Cir.· 1981-08-31 ·cited 27×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the magistrate applied an incorrect legal standard and failed to make sufficient findings of fact, requiring a remand for further proceedings under the proper legal standard.
• Jonez P. Suthoff v. Yazoo Cnty. Indus. Dev. Corp.
  637 F.2d 337· 5th Cir.· 1981-02-17 ·cited 27×
  The court held that a complaint alleging deprivation of property rights under color of state law, through misuse of expropriation proceedings, sufficiently states a federal claim to establish subject matter jurisdiction.