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

• Stewart v. Baldwin Cnty. Bd. OF Educ.
  908 F.2d 1499· 11th Cir.· 1990-08-15 ·cited 101×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
• Haygood v. Evelle J. Younger
  769 F.2d 1350· 9th Cir.· 1985-08-27 ·cited 101×·via 42 U.S.C. § 1983 Action
  A prisoner's claim for damages due to unlawful detention resulting from established state policy or practice, rather than a random unauthorized act, states a valid § 1983 claim for denial of liberty without due process, subject to qualified immunity defenses.
• Kennedy Park Homes Ass'n, Inc. v. City OF Lackawanna
  436 F.2d 108· 2d Cir.· 1970-12-07 ·cited 101×
  The court held that the City of Lackawanna's actions, including rezoning and imposing a moratorium, were motivated by racial discrimination and violated the Fourteenth Amendment and civil rights statutes.
• Meade v. Grubbs
  841 F.2d 1512· 10th Cir.· 1988-03-11 ·cited 100×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court abused its discretion by dismissing the case for violation of a local rule and that the plaintiff's allegations sufficiently stated a claim for excessive force under 42 U.S.C. § 1983. However, state officials sued in their official capacitie
• Bonitz v. Fair
  804 F.2d 164· 1st Cir.· 1986-11-03 ·cited 100×·via 42 U.S.C. § 1983 Action
  The court held that an appellate court may review a district court's factually-based determinations on an interlocutory 'qualified immunity' appeal in appropriate cases.
• Baskin v. Parker
  602 F.2d 1205· 5th Cir.· 1979-09-24 ·cited 100×·via Section 1983
  The court held that Section 1983 does not preclude the incorporation of state law remedies, including vicarious liability, for the deprivation of civil rights.
• Dombrowski v. Dowling
  459 F.2d 190· 7th Cir.· 1972-04-07 ·cited 100×
  The court held that arbitrary business discrimination against lawyers practicing criminal law does not violate 42 U.S.C. § 1985(3) without state involvement, and that a single business entity's collective decision does not constitute a conspiracy under that statute. The court als
• Camby v. Davis
  718 F.2d 198· 4th Cir.· 1983-10-03 ·cited 98×·via 42 U.S.C. § 1983 Action
  A district court is not required to provide an explanation when adopting a magistrate's unopposed findings and recommendations on a dispositive motion.
• Luisa A. DE Abadia v. Hon. Luis Izquierdo Mora
  792 F.2d 1187· 1st Cir.· 1986-05-27 ·cited 97×·via 42 U.S.C. § 1983 Claim For Damages
  Defendants are entitled to qualified immunity because they could have reasonably believed the law was not clearly established against their actions at the time of the demotion.
• Rutledge v. Ariz. Bd. OF Regents
  660 F.2d 1345· 9th Cir.· 1981-11-12 ·cited 97×
  The court held that the Eleventh Amendment bars suits against the Arizona Board of Regents and ASU, but not against individual officials for common law torts. Claims under 42 U.S.C. § 1983 for assault and battery are barred by Parratt v. Taylor's due process analysis, and other c
• Wolin v. Port OF NEW York Auth.
  392 F.2d 83· 2d Cir.· 1968-03-01 ·cited 97×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The Port Authority may not absolutely prohibit political expression in its bus terminal, as the terminal is a public forum. Peaceful activities like distributing leaflets, carrying placards, and engaging in discussions are protected by the First Amendment and can only be restrict
• Waseem Daker v. Ward
  999 F.3d 1300· 11th Cir.· 2021-06-07 ·cited 96×·via 42 U.S.C. § 1983 Action
  Waseem Daker, a prisoner serving a life sentence who has filed hundreds of frivolous lawsuits in federal court, appealed the dismissal of his civil rights complaint alleging that Georgia prison officials violated his constitutional rights and religious freedom by forcibly shaving
• Depew v. City OF ST. Marys
  787 F.2d 1496· 11th Cir.· 1986-04-28 ·cited 96×·via 42 U.S.C. § 1983 Action
  The court held that the evidence was sufficient to support the jury's verdict finding the city liable under section 1983 for a custom or policy of police misconduct, and that the existence of adequate state remedies does not bar such a claim when constitutional rights are violate
• Barnett v. The Hous. Auth. OF the City OF Atlanta
  707 F.2d 1571· 11th Cir.· 1983-06-27 ·cited 96×
  The court held that the Atlanta Housing Authority violated Robert Barnett's due process rights by terminating him without cause and without a proper post-termination hearing, and that the Authority waived its claim of immunity from punitive damages due to procedural default.
• Pushkin v. The Regents OF the Univ. OF Colo.
  658 F.2d 1372· 10th Cir.· 1981-09-04 ·cited 96×
  A private right of action exists under Section 504 of the Rehabilitation Act of 1973, and plaintiffs are not required to exhaust administrative remedies before filing suit.
• Holmes v. NEW York City Hous. Auth.
  398 F.2d 262· 2d Cir.· 1968-07-18 ·cited 96×
  The court held that the complaint stated a federal claim under 42 U.S.C. § 1983 and the Fourteenth Amendment, and that the district court correctly refused to abstain from exercising its jurisdiction.
• Creative Environments, Inc. v. Estabrook
  680 F.2d 822· 1st Cir.· 1982-05-06 ·cited 95×
  The court held that the plaintiffs failed to demonstrate a genuine issue of material fact regarding constitutional violations, and thus summary judgment for the defendants was appropriate.
• Withers v. Levine
  615 F.2d 158· 4th Cir.· 1980-02-05 ·cited 95×·via 42 U.S.C. § 1983 Action
  Prison officials have a constitutional duty under § 1983 to exercise reasonable care to protect inmates from pervasive risks of harm, and negligence in performing this duty can be actionable.
• McLAUGHLIN v. Tilendis
  398 F.2d 287· 7th Cir.· 1968-06-12 ·cited 94×
  The court held that probationary teachers have First Amendment rights to associate with a union, and their dismissal for such association states a claim under Section 1983, despite the lower court's finding of no jurisdiction.
• Coy Ray Campbell v. Beto
  460 F.2d 765· 5th Cir.· 1972-04-18 ·cited 93×·via § 1983 Suit
  The court held that the district court erred in refusing to docket the prisoner's suit, dismissing it without an opportunity for evidence, and denying an in forma pauperis appeal.
• Iranian Students Ass'n v. Edwards
  604 F.2d 352· 5th Cir.· 1979-10-09 ·cited 92×·via 42 U.S.C. § 1983 Action
  Plaintiffs who obtain relief through a consent decree in a § 1983 action are prevailing parties entitled to attorney's fees under § 1988.
• Tuley v. Heyd
  482 F.2d 590· 5th Cir.· 1973-08-03 ·cited 92×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in granting summary judgment because the factual record was insufficiently developed and the dismissal should have been without prejudice to allow amendment.
• Sears v. Vernia Roberts
  922 F.3d 1199· 11th Cir.· 2019-04-24 ·cited 91×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court erred in granting summary judgment by misinterpreting precedent and failing to view evidence in the light most favorable to the non-moving party.
• Ness v. Marshall
  660 F.2d 517· 3d Cir.· 1981-09-28 ·cited 90×
  Party affiliation is an appropriate requirement for the effective performance of city solicitor duties, allowing for dismissal on that basis.
• Singleton v. City OF NEW York
  632 F.2d 185· 2d Cir.· 1980-09-25 ·cited 90×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  A dismissal of criminal charges after an adjournment in contemplation of dismissal constitutes a favorable termination for purposes of a federal civil rights claim, and all claims arising from a single transaction should not be barred by state statutes of limitation.
• Fulford v. Klein
  550 F.2d 342· 5th Cir.· 1977-04-08 ·cited 90×·via 42 U.S.C. § 1983 Claim For Damages
• Gregory v. Thompson
  500 F.2d 59· 9th Cir.· 1974-07-02 ·cited 90×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  A judge's physical act of evicting someone from a courtroom is not a judicial act and is not protected by judicial immunity, though qualified immunity may apply.
• Wilson v. Thompson
  593 F.2d 1375· 5th Cir.· 1979-05-01 ·cited 89×·via 42 U.S.C. § 1983 Action
  The court held that the trial court's finding that the state had no substantive interest in renewed prosecution was not clearly erroneous, and that the reactivation of prosecutions solely in response to a civil suit was tantamount to a finding of bad faith.
• Domenic Lund v. Affleck
  587 F.2d 75· 1st Cir.· 1978-11-21 ·cited 89×·via 42 U.S.C. § 1983 Action
  Attorneys' fees are recoverable under the Fees Act for successful pendent claims arising from the same nucleus of facts as a substantial § 1983 claim, and for time reasonably spent establishing the fee entitlement.
• Colburn v. Upper Darby Twp.
  838 F.2d 663· 3d Cir.· 1988-01-26 ·cited 88×·via § 1983
  The dissenting judge argues that allegations of gross negligence or deliberate indifference are insufficient to sustain a due process § 1983 claim, which requires pleading intentional action, abuse of power, or actions tantamount to intent.
• McSURELY v. McCLELLAN
  697 F.2d 309· D.C. Cir.· 1982-12-10 ·cited 88×
  A state prosecutor is not entitled to absolute immunity for investigative or administrative actions, and summary judgment on qualified immunity is inappropriate when material facts are disputed regarding the prosecutor's knowledge of illegality.
• Mrs. Jimmie Lue Williams v. Kelley
  624 F.2d 695· 5th Cir.· 1980-08-22 ·cited 88×
  The court held that the officers' conduct, while potentially a state law tort, did not rise to the level of a constitutional violation actionable under 42 U.S.C. § 1983.
• Rios v. Enter. Ass'n Steamfitters Local 638 OF U.A.
  501 F.2d 622· 2d Cir.· 1974-06-24 ·cited 88×
  The court held that court-ordered racial quotas to eradicate past discrimination violate sections 703(j) and 703(c)(1) of the Civil Rights Act of 1964, as the legislative history clearly shows Congress intended to prohibit racial quotas under any circumstances.
• Spell v. McDANIEL
  824 F.2d 1380· 4th Cir.· 1987-07-24 ·cited 87×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the evidence was sufficient to support the jury's finding of municipal liability against the City of Fayetteville under either a deficient training policy or a condoned custom theory, and affirmed the judgment on the merits.
• Sands v. Louie L. Wainwright
  491 F.2d 417· 5th Cir.· 1973-12-26 ·cited 86×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
• Landrigan v. City OF Warwick
  628 F.2d 736· 1st Cir.· 1980-08-27 ·cited 85×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that a § 1983 claim for false arrest must be stayed pending resolution of the related state criminal charge, and that municipalities cannot be held liable under § 1983 solely on a respondeat superior theory.
• Glasson v. City OF Louisville
  518 F.2d 899· 6th Cir.· 1975-06-13 ·cited 85×
  Police officers are liable under 42 U.S.C. § 1983 for destroying a peaceful protestor's sign, as the action was unreasonable and violated First Amendment rights, and the 'good faith' defense does not apply when officers knew or should have known the activity was protected.
• Pueblo Neighborhood Health Ctrs., Inc. v. Losavio
  847 F.2d 642· 10th Cir.· 1988-05-24 ·cited 84×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the district court applied the wrong standard in denying summary judgment on qualified immunity grounds and that the plaintiffs failed to present sufficient evidence of clearly established law violations or unconstitutional motive.
• Briley v. State OF Cal.
  564 F.2d 849· 9th Cir.· 1977-10-19 ·cited 84×
  The court held that the statute of limitations for the § 1983 claim was tolled until the plaintiff discovered the alleged fraud, and that prosecutorial immunity did not apply if the judge lacked statutory authority for the castration order. The § 1985(3) claim was properly dismis
• Powell v. Workmen's Comp. Bd. OF the State OF NEW York
  327 F.2d 131· 2d Cir.· 1964-01-23 ·cited 84×
  The court held that the plaintiff failed to state a claim under the Civil Rights Statutes for conspiracy and that his constitutional challenge to a state statute presented an insubstantial federal question, warranting dismissal.
• Hardy W. Ryland and Alma Odessa Ryland v. Shapiro
  708 F.2d 967· 5th Cir.· 1983-07-05 ·cited 83×
  The court held that plaintiffs stated a claim under section 1983 for deprivation of their constitutional right of access to the courts and that prosecutors were not entitled to absolute immunity for actions outside their quasi-judicial role.
• Joannie Allen Dumas v. Town OF Mount Vernon
  612 F.2d 974· 5th Cir.· 1980-03-03 ·cited 83×
  The court held that claims under 42 U.S.C. §§ 1981, 1983, 1985(3), and 1986 were time-barred, and the Town of Mount Vernon was not an 'employer' under Title VII. However, the Title VII claim against the Personnel Board was improperly dismissed.
• Arline M. Soderbeck v. Burnett Cnty.
  752 F.2d 285· 7th Cir.· 1985-01-04 ·cited 82×
  The court held that a jury could find a public employee was wrongfully terminated for political reasons, but punitive damages require a showing of actual knowledge of violating rights, not just reckless indifference. The court also found the county could be liable for its own pol
• Rogin v. Bensalem Twp. & Stephen J. Kelly
  616 F.2d 680· 3d Cir.· 1980-02-21 ·cited 82×
  The court held that the developer's cross-claim failed to state a cause of action under federal law, affirming the district court's dismissal, but found the case was not moot.
• Bryan v. Jones
  530 F.2d 1210· 5th Cir.· 1976-04-30 ·cited 82×·via § 1983
• Mr. and Mrs. Ardmore Canton v. Spokane Sch. Dist. #81
  498 F.2d 840· 9th Cir.· 1974-05-13 ·cited 82×
  The court held that the district court erred in dismissing the action based on abstention and failure to exhaust state remedies, as the federal claims were not adequately addressed by state law or administrative processes.
• Wade v. Haynes
  663 F.2d 778· 8th Cir.· 1981-11-09 ·cited 81×·via 42 U.S.C. § 1983 Action
  The court held that punitive damages in a § 1983 action require a finding of actual malice, not merely reckless or callous disregard for a prisoner's rights.
• Dawson v. Pastrick
  600 F.2d 70· 7th Cir.· 1979-05-31 ·cited 80×
  The court held that the district court did not abuse its discretion in approving the consent decree and refusing hiring quotas, but it misapplied the test for awarding attorneys' fees. The judgment is reversed and remanded for a determination of the proper amount of fees.
• Westlake v. Lucas
  537 F.2d 857· 6th Cir.· 1976-06-29 ·cited 80×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  A prisoner states a proper cause of action when alleging denial of reasonable medical treatment requests in the face of obvious need, exposing the inmate to undue suffering or threat of residual injury.
• Curtis v. Angus Russell Everette
  489 F.2d 516· 3d Cir.· 1973-12-17 ·cited 80×
  The court held that a prisoner's complaint alleging intentional conduct by prison officials leading to an assault states a claim under 42 U.S.C. § 1983, and that a state law claim against another prisoner can be heard under the doctrine of pendent jurisdiction.