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

• Nash v. The Consol. City OF Jacksonville
  763 F.2d 1393· 11th Cir.· 1985-06-25 ·cited 22×·via Discrimination Under 42 U.S.C. § 1983
  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
• GAY v. Wall
  761 F.2d 175· 4th Cir.· 1985-05-08 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that the district court abused its discretion by converting a motion to dismiss into a motion for summary judgment without providing the plaintiff reasonable opportunity for discovery. The court also held that the plaintiff's claim of detention despite actual knowl
• L.D. Hilliard v. Bd. OF Pardons & Paroles
  759 F.2d 1190· 5th Cir.· 1985-04-08 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that a prisoner has no constitutionally protected interest in the expectancy of release on parole under Texas law, and thus cannot state a claim for denial of due process or equal protection based on parole denials.
• Hayes v. A.L. Lockhart
  754 F.2d 281· 8th Cir.· 1985-02-08 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that while the prisoner received adequate due process regarding administrative segregation, the district court erred in dismissing the claim for meritorious good time earned in another state.
• Briggs v. Malley
  748 F.2d 715· 1st Cir.· 1984-11-19 ·cited 22×
  The court held that the magistrate's authorization does not cure an officer's objectively unreasonable belief in probable cause, and such conduct can lead to personal liability.
• Hanrahan v. Lane
  747 F.2d 1137· 7th Cir.· 1984-10-30 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that while a prisoner's Fourth Amendment claim regarding cell searches is barred, the claim that he was denied due process by not receiving a statement of evidence relied upon for a guilty finding states a claim upon which relief can be granted.
• In re Romulus Cmty. Schs. v. Romulus Cmty. Schs.
  729 F.2d 431· 6th Cir.· 1984-03-07 ·cited 22×·via 42 U.S.C. § 1983 Action
  A district court has the discretion to remand pendent state law claims to state court after the federal basis for removal jurisdiction has been eliminated, even if the remand is not based on a specific statutory ground for remand.
• Parenti v. Ponte
  727 F.2d 21· 1st Cir.· 1984-02-08 ·cited 22×
  The court held that the inmate's transfer to a departmental segregation unit did not violate due process, as the Classification Board's role was advisory and the Commissioner retained ultimate discretion.
• Hart v. Dudley Walker
  720 F.2d 1436· 5th Cir.· 1983-12-16 ·cited 22×
  The court held that the defendant's actions constituted false arrest, assault, and deprivation of property rights, and that he was not entitled to qualified immunity.
• Haygood v. Evelle J. Younger
  718 F.2d 1472· 9th Cir.· 1983-10-25 ·cited 22×·via Section 1983
  Post-deprivation processes can satisfy the Fourteenth Amendment's due process requirement for liberty interests, and detention beyond a lawful term is not automatically cruel and unusual punishment under the Eighth Amendment.
• Espino v. Besteiro
  708 F.2d 1002· 5th Cir.· 1983-07-05 ·cited 22×
  The court held that a district court abused its discretion by denying attorney's fees under 42 U.S.C. § 1988 based on the defendant's good faith, as good faith is not a special circumstance justifying denial. The court also held that a plaintiff who prevails on a non-fee-generati
• McBEE v. JIM Hogg Cnty.
  703 F.2d 834· 5th Cir.· 1983-04-25 ·cited 22×·via Violation Of First Amendment Rights Under 42 U.S.C. § 1983
  The court held that in a small county sheriff's office, deputies and dispatchers may fall within the Elrod-Branti exception, allowing dismissal based on political affiliation due to the need for loyalty and confidence. The court also found the district court's factual findings re
• Rosewitz v. Patience Latting
  689 F.2d 175· 10th Cir.· 1982-09-27 ·cited 22×·via Violation Of First Amendment Rights Under 42 U.S.C. § 1983
  The court held that the city's grievance procedure, which denied an employee the right to an attorney, confrontation, and cross-examination, did not violate procedural due process, but the denial of the defendant's motion for attorney's fees without a hearing was an error.
• Olgin v. Darnell
  664 F.2d 107· 5th Cir.· 1981-12-18 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that the pretrial detainee's confinement and restrictions, including temporary removal of clothing, did not constitute punishment and were rationally related to legitimate governmental objectives, thus not violating due process.
• 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.
• Eddy James Candelaria v. Griffin
  641 F.2d 868· 10th Cir.· 1981-03-03 ·cited 22×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the plaintiff's claims regarding the denial of parole procedures, including the lack of a psychiatric report and reasons for denial, do not establish a constitutional liberty interest under New Mexico law. However, the equal protection claim based on race was
• Phillips v. Carey
  638 F.2d 207· 10th Cir.· 1981-01-06 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that while restrictions on filing future actions are permissible in extreme cases, the record was deficient to demonstrate their proper application, requiring remand.
• Hernandez v. City OF LOS Angeles
  624 F.2d 935· 9th Cir.· 1980-08-06 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that the jury's verdict in the prior criminal proceeding did not necessarily determine that the officers used only reasonable force, thus collateral estoppel was improperly applied.
• de Tore v. Local # 245 OF the Jersey City Pub. Emps. Union
  615 F.2d 980· 3d Cir.· 1980-02-28 ·cited 22×
  The court affirmed summary judgment for the Secretary of Labor, finding no basis for liability, but vacated the summary judgment for city defendants and remanded for clarification of the lower court's reasoning on remaining claims.
• Reynaldo Tongol v. Usery
  601 F.2d 1091· 9th Cir.· 1979-08-06 ·cited 22×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the federal regulation prohibiting states from waiving recoupment of overpayments was invalid as exceeding the Secretary's statutory authority and conflicting with congressional intent to apply state law. The court also held that plaintiffs stated a claim unde
• McKNIGHT v. Se. Pa. Transp. Auth.
  583 F.2d 1229· 3d Cir.· 1978-09-29 ·cited 22×
  The court held that the district court erred in dismissing the plaintiff's claim regarding a deprivation of his liberty interest, as the alleged stigmatizing charge of intoxication could be a factual question for trial. The court also vacated the dismissal of the property interes
• Fulton v. Isadore Hecht
  580 F.2d 1243· 5th Cir.· 1978-09-28 ·cited 22×
  A dog track's refusal to renew a booking contract, absent a purpose to create or maintain a monopoly, is not a violation of antitrust laws, and a party cannot claim tortious interference with administrative proceedings when the harm is to the state, not the individual.
• Sterling v. Vill. OF Maywood
  579 F.2d 1350· 7th Cir.· 1978-07-07 ·cited 22×
  The court held that the facts of the case do not rise to the level of a constitutional question, and the complaint should be dismissed.
• Bouse v. Bussey
  573 F.2d 548· 9th Cir.· 1977-07-21 ·cited 22×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the forcible seizure of a pubic hair sample from a pretrial detainee without a warrant constituted an unreasonable search and seizure under the Fourth and Fourteenth Amendments.
• Rodriguez v. Jimenez
  551 F.2d 877· 1st Cir.· 1977-03-23 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that the award of attorneys' fees to the prevailing party in a Section 1983 action is proper under the Civil Rights Attorneys’ Fees Awards Act of 1976, even for cases pending on appeal.
• State of N.J. v. Chesimard
  555 F.2d 63· 3d Cir.· 1977-03-09 ·cited 22×·via 42 U.S.C. § 1983 Action
  The dissenting judge would find that federal intervention is permissible, either because the relief sought is collateral to the state criminal proceeding under Gerstein v. Pugh, or because exceptional circumstances warrant intervention under Younger v. Harris.
• Familias Unidas v. Dolph Briscoe
  544 F.2d 182· 5th Cir.· 1976-12-16 ·cited 22×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that while the withdrawal of the state's request for information mooted the need for injunctive relief, the underlying controversy regarding the constitutionality of the statute's past application remained justiciable for declaratory judgment. The court also found
• Mitchell v. King
  537 F.2d 385· 10th Cir.· 1976-06-22 ·cited 22×·via Section 1983
  The court's holding is not explicitly stated as this is a concurring opinion focusing on reasoning.
• Carter v. Hardy
  526 F.2d 314· 5th Cir.· 1976-01-23 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that a federal court cannot order the expungement of state convictions that have fully served their sentences and are not used for sentence enhancement.
• Lilly Mae Onie Lee Whitelaw Hilliard v. Williams
  516 F.2d 1344· 6th Cir.· 1975-05-28 ·cited 22×
  The court held that the defendants' actions in withholding exculpatory evidence and presenting misleading testimony deprived the plaintiff of her constitutional right to a fair trial, and that these actions were a proximate cause of her conviction and imprisonment.
• Warren v. Norman Realty Co.
  513 F.2d 730· 8th Cir.· 1975-03-21 ·cited 22×
  The court held that the 180-day limitations period of the Fair Housing Act does not apply to actions brought under 42 U.S.C. § 1982. However, the court applied the 180-day limitations period from Nebraska's housing discrimination statute to the federal claim.
• Riddell v. The Nat'l Democratic Party
  508 F.2d 770· 5th Cir.· 1975-02-21 ·cited 22×
  The court held that Mississippi's statute granting exclusive rights to a political party name is unconstitutional as it unduly burdens the right to free association.
• Wright v. The City OF Jackson
  506 F.2d 900· 5th Cir.· 1975-01-15 ·cited 22×
  A municipal ordinance requiring city employees to reside within city limits does not infringe a fundamental constitutional right to travel and is therefore constitutional under the rational basis test.
• Davis v. Weir
  497 F.2d 139· 5th Cir.· 1974-07-18 ·cited 22×·via Section 1983
  The court held that refusing water service to new applicants based on a third party's unpaid water bill violates the Equal Protection Clause of the Fourteenth Amendment, but modified the class definition to be more specific.
• Newkirk v. Butler
  499 F.2d 1214· 2d Cir.· 1974-06-03 ·cited 22×
  A prisoner transferred from a minimum-security facility to a maximum-security facility, suffering substantial deprivations of privileges and opportunities, is entitled to rudimentary due process, including notice and an opportunity to be heard, even if the transfer is not part of
• Junior Chamber OF Commerce OF Rochester, Inc. v. The United States Jaycees
  495 F.2d 883· 10th Cir.· 1974-04-16 ·cited 22×
  The court held that the United States Jaycees' discriminatory membership policies, despite receiving federal funds and tax exemptions, do not constitute state or federal action sufficient to violate constitutional rights or civil rights statutes.
• Alderman v. The Philadelphia Hous. Auth.
  496 F.2d 164· 3d Cir.· 1974-04-16 ·cited 22×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  A prior restraint on all discussion of political matters by public employees is an impermissible infringement of First Amendment rights, even if justified by an interest in impartiality.
• Jennings v. Patterson
  488 F.2d 436· 5th Cir.· 1974-01-17 ·cited 22×
  The court held that the district court erred in setting aside the jury's findings of prescription and dedication, and that the city's failure to remove the barricade constituted state action under Section 1983.
• Gaffney v. Silk
  488 F.2d 1248· 1st Cir.· 1973-12-27 ·cited 22×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the district court abused its discretion by denying the plaintiffs' motion to amend their complaint, as the amended complaint sufficiently stated a cause of action under 42 U.S.C. § 1983.
• Aurora Educ. Ass'n E. v. Bd. OF Educ. OF Aurora Pub. Sch. Dist. NO. 131 OF Kane Cnty.
  490 F.2d 431· 7th Cir.· 1973-12-20 ·cited 22×
  A school board policy that disqualifies a teachers' union as a bargaining representative for asserting the right to strike is unconstitutional as applied, violating the First Amendment's free speech guarantees incorporated by the Fourteenth Amendment.
• Rivera v. The Honorable Marvin A. Freeman
  469 F.2d 1159· 9th Cir.· 1972-11-17 ·cited 22×
  The court held that federal courts should abstain from deciding the constitutionality of state juvenile detention statutes when state courts have not definitively ruled on the issue and there is no showing of state court inadequacy, due to principles of comity and federalism.
• Essex RAY v. Fritz
  468 F.2d 586· 2d Cir.· 1972-10-19 ·cited 22×·via 42 U.S.C. § 1983 Action
  A federal court must hear a prisoner's § 1983 suit if no adequate state administrative or judicial remedy exists.
• Collin v. Chicago Park Dist.
  460 F.2d 746· 7th Cir.· 1972-04-27 ·cited 22×
• Wright v. The City OF Brighton
  441 F.2d 447· 5th Cir.· 1971-03-16 ·cited 22×
• Dunham v. Crosby
  435 F.2d 1177· 1st Cir.· 1970-12-18 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that the superintendent's actions denied the teacher procedural rights, but the school board members were not liable for conspiracy or under respondeat superior.
• Cole v. Hous. Auth. OF the City OF Newport
  435 F.2d 807· 1st Cir.· 1970-12-07 ·cited 22×·via 42 U.S.C. § 1983 Action
  A two-year durational residency requirement for public housing violates the Equal Protection Clause and the right to travel, as it penalizes migration without serving a compelling state interest.
• McGUANE v. Chenango Court, Inc.
  431 F.2d 1189· 2d Cir.· 1970-09-22 ·cited 22×
  The court held that receipt of federal mortgage insurance does not constitute state action for purposes of the Civil Rights Act.
• Kadlec v. Ill. Bell Tel. Co.
  407 F.2d 624· 7th Cir.· 1969-02-25 ·cited 22×
  The court held that the mere filing of regulations or licensing does not convert private action into action under color of state law for purposes of 42 U.S.C. § 1983.
• Rivers v. Royster
  360 F.2d 592· 4th Cir.· 1966-04-25 ·cited 22×·via Violation Of Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that a prisoner's constitutional rights were abridged by the denial of a newspaper based on race, violating equal protection under the Fourteenth Amendment.
• Ream v. Handley
  359 F.2d 728· 7th Cir.· 1966-04-20 ·cited 22×
  The court held that the district court correctly dismissed the case for lack of subject matter jurisdiction, as no genuine federal question or civil rights claim was presented.