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

• Harlan Clark Brown v. Strickler
  422 F.2d 1000· 6th Cir.· 1970-02-19 ·cited 26×
  The court held that the district court erred in dismissing the students' suit sua sponte for lack of jurisdiction, as the complaint adequately alleged state action and a due process violation under the Civil Rights Act.
• Molton G. Smith v. Stone
  308 F.2d 15· 9th Cir.· 1962-09-07 ·cited 26×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the trial court did not abuse its discretion in refusing to set aside a summary judgment due to the appellant's counsel's failure to follow court rules and file timely opposition.
• Hammer v. Gross
  932 F.2d 842· 9th Cir.· 1991-05-13 ·cited 25×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The Ninth Circuit en banc held that while the use of force to extract a blood sample from a suspect is governed by the Fourth Amendment's objective reasonableness standard, the question of whether the force used in this case was excessive was a matter for the jury. The court also
• Playboy Enters., Inc. v. Pub. Serv. Comm'n OF Puerto RICO
  906 F.2d 25· 1st Cir.· 1990-06-21 ·cited 25×
  The court held that federal question jurisdiction exists for a suit seeking to enjoin state officials from enforcing state laws preempted by federal statutes, and that 42 U.S.C. § 1983 provides a cause of action to enforce the immunity granted by the Cable Act.
• Rushton v. Neb. Pub. Power Dist.
  844 F.2d 562· 8th Cir.· 1988-04-14 ·cited 25×·via 42 U.S.C. § 1983 Action
  The court held that the drug-testing policy did not violate plaintiffs' First Amendment free exercise rights or Fourth Amendment rights, as the state's compelling interests in public safety and plant security outweighed the plaintiffs' privacy and religious objections.
• Scutieri v. Duriel "Budd" Paige and Alcides Marquez
  808 F.2d 785· 11th Cir.· 1987-01-26 ·cited 25×
  The court held that the district court erred in granting a directed verdict for Marquez and in denying the plaintiffs' claim for punitive damages, but did not err in denying Paige's motion for a new trial based on newly discovered evidence.
• Johnson v. Univ. OF Wisconsin-Milwaukee
  783 F.2d 59· 7th Cir.· 1986-01-29 ·cited 25×·via Section 1983
  Evidence of a non-discriminatory retaliatory motive is irrelevant to proving that the employer's proffered legitimate, non-discriminatory reason for termination was a pretext for age discrimination.
• Altair Corp. v. de Busquets
  769 F.2d 30· 1st Cir.· 1985-08-07 ·cited 25×·via Violation Of Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the prior suit seeking injunctive relief did not toll the statute of limitations for the current damages action under 42 U.S.C. § 1983.
• Marvin H. v. Austin Indep. Sch. Dist.
  714 F.2d 1348· 5th Cir.· 1983-09-22 ·cited 25×
  Parents of a handicapped child cannot recover retrospective compensation or damages for a school district's failure to provide services when the district attempted in good faith to adhere to guidelines and parents unilaterally procured private services without consultation.
• Millard Scudder v. Town OF Greendale
  704 F.2d 999· 7th Cir.· 1983-04-08 ·cited 25×
  The court held that a plaintiff failed to state a claim under 42 U.S.C. § 1983 when a zoning ordinance was applied in a reasoned manner, even if the plaintiff believed it was unconstitutional.
• Gargiul v. Tompkins
  704 F.2d 661· 2d Cir.· 1983-03-29 ·cited 25×·via 42 U.S.C. § 1983 Action
  A teacher has a constitutional right to privacy, encompassing bodily integrity, which includes the right to refuse examination by a doctor of the opposite sex.
• Friendship Med. Ctr., Ltd. v. The Chicago Bd. OF Health
  505 F.2d 1141· 7th Cir.· 1974-10-30 ·cited 25×
  The court held that regulations exclusively applicable to abortion procedures, even if not limited to the first trimester, violate the right to privacy. However, generally applicable medical regulations, including those incidentally affecting first-trimester abortions, are permis
• Vicente Galvan and Marcelino Torres v. Levine
  490 F.2d 1255· 2d Cir.· 1973-12-03 ·cited 25×
  The denial of class action designation was affirmed because monetary relief was properly declined and class action status was unnecessary for the injunctive relief granted.
• Mr. William Franklin v. City OF Marks
  439 F.2d 665· 5th Cir.· 1971-03-02 ·cited 25×·via 42 U.S.C. § 1983 Action
  The ten-day period for appealing a state municipal de-annexation decree is a procedural limitation, not a statute of limitations applicable to a federal civil rights action under 42 U.S.C. § 1983.
• Powell v. Power
  436 F.2d 84· 2d Cir.· 1970-12-23 ·cited 25×
  Federal courts lack jurisdiction to remedy unintentional errors in state election administration under the Voting Rights Act or 42 U.S.C. § 1983, absent purposeful discrimination.
• Sammie J. Franklin, Jr. v. Meredith
  386 F.2d 958· 10th Cir.· 1967-11-24 ·cited 25×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the trial court properly dismissed the civil rights action against the judge, hospital supervisor, and psychiatrist based on judicial and governmental immunity, and correctly denied the application for a three-judge court as the challenged statute had been rep
• Boatman v. Town OF Oakland
  76 F.3d 341· 11th Cir.· 1996-02-28 ·cited 24×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The Boatmans sought federal court relief under 42 U.S.C. § 1983, claiming the Town of Oakland's refusal to issue a certificate of occupancy for their manufactured home violated the Fourteenth Amendment's Due Process Clause. The Eleventh Circuit held that the dispute presented onl
• Goetz v. James P. Noble, M.D.
  652 So. 2d 1203· Fla. 4th DCA· 1995-03-29 ·cited 24×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The trial court erred in denying summary judgment based on absolute and qualified immunity for the appellant's actions.
• Gallagher v. Motors Ins. Corp.
  605 So. 2d 62· Fla.· 1992-07-23 ·cited 24×·via 42 U.S.C. § 1983 Action
  Florida's insurance premium tax scheme (pre-July 1, 1988) imposed higher taxes on foreign insurers than domestic insurers. The trial court declared it unconstitutional under the Equal Protection and Due Process Clauses, but the Florida Supreme Court reversed, holding that the tax
• Trooper Alvin T. Pontarelli v. Stone
  930 F.2d 104· 1st Cir.· 1991-04-18 ·cited 24×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that a notice of appeal using "et al." is insufficient to confer appellate jurisdiction for unnamed parties and that mistaken reliance on "et al." does not constitute excusable neglect for extending the appeal deadline. The court also affirmed that sex discriminati
• Belcher v. Oliver
  898 F.2d 32· 4th Cir.· 1990-03-12 ·cited 24×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  Jail officials are entitled to qualified immunity because their actions did not violate clearly established constitutional law regarding deliberate indifference to a pretrial detainee's serious medical needs.
• Simmons v. Reynolds
  898 F.2d 865· 2d Cir.· 1990-03-12 ·cited 24×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that while a six-year delay in hearing an appeal violated due process rights, the subsequent affirmance of the conviction rendered release from custody inappropriate, and damages were the proper remedy for any remaining prejudice.
• McCUEN v. Polk Cnty.
  893 F.2d 172· 8th Cir.· 1990-01-04 ·cited 24×·via 42 U.S.C. § 1983 Action
  The court held that the defendants were entitled to immunity, either absolute or qualified, for their actions related to the temporary removal of the child, and thus summary judgment was appropriate.
• Phelps v. The Wichita Eagle-Beacon
  886 F.2d 1262· 10th Cir.· 1989-09-29 ·cited 24×
  The court held that plaintiff's Section 1981 and RICO claims were properly dismissed, but his Section 1985(3) claim and potentially his Section 1983 Equal Protection claim were not, and the state action issue for the Section 1983 claim requires further factual development.
• Judie v. Darrell Hamilton, M.D.
  872 F.2d 919· 9th Cir.· 1989-04-18 ·cited 24×
  The court held that the plaintiff stated a claim under Title VII for discriminatory limitation of supervisory duties and that his Section 1983 and 1985(3) claims regarding his suspension were not barred by the settlement agreement.
• Duncan v. Mr. & Mrs. Harold Peck
  844 F.2d 1261· 6th Cir.· 1988-04-25 ·cited 24×·via 42 U.S.C. § 1983 Action
  Private parties acting under color of state law are not entitled to good faith immunity under 42 U.S.C. § 1983, but may assert a good faith defense.
• Curtis Ambulance OF Fla., Inc. v. Bd. OF Cnty. Comm'rs OF the Cnty. OF Shawnee
  811 F.2d 1371· 10th Cir.· 1987-02-18 ·cited 24×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that ambulance services constitute professional services, exempting the contract award from competitive bidding requirements, and thus the plaintiff had no constitutionally protected property interest.
• Griffin v. Bd. OF Regents OF Regency Univs.
  795 F.2d 1281· 7th Cir.· 1986-06-18 ·cited 24×
  The court affirmed the district court's judgment, finding no discrimination under Title VII, the Equal Pay Act, or §§ 1983 and 1985, and that the university's dual classification system was not inherently illegal.
• Batterton v. The Tex. Gen. Land Off.
  783 F.2d 1220· 5th Cir.· 1986-03-03 ·cited 24×·via 42 U.S.C. § 1983 Action
  The court held that the employees did not possess a constitutionally protected property interest in their jobs under Texas law and failed to present sufficient evidence to support their First Amendment claim, thus affirming the grant of summary judgment.
• Raysor v. Port Auth. OF NEW York & NEW Jersey
  768 F.2d 34· 2d Cir.· 1985-07-15 ·cited 24×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the jury's verdict was inconsistent and damages inadequate, requiring a new trial on some claims. It also reversed the dismissal of state tort claims against Officer Simpson and the Port Authority.
• Findeisen v. N. E. Indep. Sch. Dist.
  749 F.2d 234· 5th Cir.· 1984-12-26 ·cited 24×·via Section 1983
  The court concurred that the record did not entirely exclude the possibility of bad faith termination, which could entitle the plaintiff to relief under section 1983.
• P.E. Bazemore v. Friday
  751 F.2d 662· 4th Cir.· 1984-12-10 ·cited 24×
  The court affirmed the district court's judgment, finding no error in the denial of class certification or the rejection of individual discrimination claims.
• Virgil L. Hayden, M.D. v. Calvin Bracy, M.D.
  744 F.2d 1338· 8th Cir.· 1984-09-27 ·cited 24×
  The court held that a private hospital's disciplinary actions do not constitute state action for § 1983 claims and that the plaintiff failed to sufficiently allege an effect on interstate commerce for Sherman Act claims. The court also affirmed the dismissal of defamation and con
• Sher v. Coughlin
  739 F.2d 77· 2d Cir.· 1984-07-11 ·cited 24×·via 42 U.S.C. § 1983 Claim For Damages
  A prisoner's transfer between facilities or placement in restrictive confinement for administrative reasons, even if motivated in part by punitive intent, does not violate constitutional rights if the administrative reasons alone would have justified the action.
• Leeanne Wright v. The City OF Ozark
  715 F.2d 1513· 11th Cir.· 1983-09-26 ·cited 24×
  The court held that the due process clause does not impose liability on state officers for failing to protect a member of the public from the criminal acts of a third person, absent a special relationship.
• Ohio Contractors Ass'n v. Keip
  713 F.2d 167· 6th Cir.· 1983-07-12 ·cited 24×
  The dissenting judge would affirm the district court's judgment because Ohio's Minority Business Enterprise Act is constitutionally flawed due to its lack of durational limitations.
• Maudotha R. White v. Wash. Pub. Power Supply Sys.
  692 F.2d 1286· 9th Cir.· 1982-11-23 ·cited 24×·via Discrimination Under 42 U.S.C. § 1983
  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.
• Shirey v. Bensalem Twp. & Bristol Borough & Bristol Twp. & Buckingham Twp. & Falls Twp. & Middletown Twp. & Tullytown Borough & Warminster Twp. & City of Philadelphia & Police Chief Michaels
  663 F.2d 472· 3d Cir.· 1981-11-12 ·cited 24×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that an order dismissing a complaint as to one of multiple plaintiffs, without a Rule 54(b) certification, is not immediately appealable under 28 U.S.C. § 1291, nor is it an appealable interlocutory order denying an injunction under 28 U.S.C. § 1292(a)(1).
• Mitchum v. Purvis
  650 F.2d 647· 5th Cir.· 1981-07-13 ·cited 24×·via 42 U.S.C. § 1983 Action
  The court held that a prisoner's section 1983 action cannot be summarily dismissed for docket control or to discourage suits, even if the prisoner has been transferred from the facility where the alleged violations occurred.
• Rev. Frank D. Lovell v. Linwood Snow
  637 F.2d 170· 1st Cir.· 1981-03-17 ·cited 24×·via 42 U.S.C. § 1983 Action
  Pro se plaintiffs are not entitled to attorney fees under 42 U.S.C. § 1988.
• Randall v. Wyrick
  642 F.2d 304· 8th Cir.· 1981-02-26 ·cited 24×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The denial of a preliminary injunction for alleged inadequate medical treatment is affirmed because the inmate failed to demonstrate deliberate indifference to serious medical needs or probable success on the merits.
• Doyle Dewayne Courtney v. Reeves
  635 F.2d 326· 5th Cir.· 1981-01-09 ·cited 24×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the district court erred in dismissing the plaintiff's civil rights claims without proper consideration of the factual allegations and procedural requirements, particularly regarding excessive force and conspiracy claims.
• Miller v. Smith
  615 F.2d 1037· 5th Cir.· 1980-04-21 ·cited 24×·via 42 U.S.C. § 1983 Action
  The court held that federal courts should honor state statutes of limitations, including their tolling provisions, unless they are inconsistent with federal law.
• McMANAMA v. Lukhard
  616 F.2d 727· 4th Cir.· 1980-02-28 ·cited 24×·via 42 U.S.C. § 1983 Action
  The court held that the district court had jurisdiction and that the award of attorneys' fees was proper, but erred in compelling an interrogatory regarding legal aid eligibility, though this error was harmless.
• Webster v. Redmond
  599 F.2d 793· 7th Cir.· 1979-05-22 ·cited 24×
  The court held that the plaintiff did not possess a constitutionally protected liberty or property interest in promotion to principal, and thus was not denied due process. The court also affirmed the dismissal of racial discrimination claims.
• Arsberry v. Allyn R. Sielaff
  586 F.2d 37· 7th Cir.· 1978-11-01 ·cited 24×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the district court erred in granting summary judgment, as genuine issues of material fact existed regarding whether plaintiffs' segregation infringed upon state-created liberty interests triggering procedural due process protections.
• DE LA Cruz v. Tormey
  582 F.2d 45· 9th Cir.· 1978-09-13 ·cited 24×
  A claim for sex discrimination requires either facial discrimination or discriminatory effects; allegations of discriminatory intent alone are insufficient if the conduct is otherwise gender-neutral.
• Hastings v. Bonner
  578 F.2d 136· 5th Cir.· 1978-08-14 ·cited 24×
• Schachter v. Whalen
  581 F.2d 35· 2d Cir.· 1978-07-19 ·cited 24×
  The court held that the plaintiffs' complaint failed to state a cause of action under 42 U.S.C. § 1983, and thus affirmed the dismissal.
• Davids v. Stan Akers
  549 F.2d 120· 9th Cir.· 1977-01-13 ·cited 24×
  Federal courts cannot intervene in state legislative decisions regarding committee appointments, as this infringes upon the state legislature's constitutional right to determine its own rules and procedures.