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

• Frazier M. Gibson, Jr. v. Lynch
  652 F.2d 348· 3d Cir.· 1981-06-26 ·cited 18×·via 42 U.S.C. § 1983 Action
  The court held that the prisoner's confinement in administrative quarantine due to a housing shortage did not violate his Fourteenth Amendment due process rights, as New Jersey law did not create a liberty interest in avoiding such confinement.
• York v. City OF Cedartown
  648 F.2d 231· 5th Cir.· 1981-06-15 ·cited 18×
  The court held that the plaintiffs failed to state a claim under 42 U.S.C. § 1983 because their allegations of negligence and nuisance did not rise to the level of an abuse of governmental power.
• Wright v. Odell Wagner
  641 F.2d 239· 5th Cir.· 1981-03-30 ·cited 18×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that a jury's finding that jail officials neither suspected nor should have suspected an inmate of insanity precluded a claim for wrongful death under state law and a civil rights violation under the Eighth Amendment based on a statutory violation. The court also f
• Mazus v. Dept. OF Transp.
  629 F.2d 870· 3d Cir.· 1980-07-28 ·cited 18×·via Violation Of First Amendment Rights Under 42 U.S.C. § 1983
  The court held that the district court erred in allowing political patronage as a defense to a Title VII discrimination claim, as such a defense lacks a nexus to legitimate business needs.
• Boykins v. Ambridge Area Sch. Dist.
  621 F.2d 75· 3d Cir.· 1980-05-09 ·cited 18×
  The court held that the district court erred in granting summary judgment because the record did not establish judgment preclusion by the Human Relations Commission and the complaint met specificity requirements for civil rights actions.
• Concerned Jewish Youth v. McGUIRE
  621 F.2d 471· 2d Cir.· 1980-03-27 ·cited 18×·via 42 U.S.C. § 1983 Action
  The court held that the police's broad, unspecific restrictions on First Amendment activity, based on an outdated order and without individualized assessment, constituted an unlawful prior restraint and violated constitutional rights.
• Havas v. Thornton
  609 F.2d 372· 9th Cir.· 1979-11-21 ·cited 18×
  The court held that the plaintiffs failed to state a claim for deprivation of federally protected civil rights under 42 U.S.C. §§ 1983 and 1985, as the actions complained of, primarily involving state administrative and consumer protection proceedings, did not constitute a depriv
• Vruno v. Schwarzwalder
  600 F.2d 124· 8th Cir.· 1979-05-24 ·cited 18×
  The court held that Minnesota Statute Chapter 364, which provides procedures for considering criminal offenders for public employment, does not create a liberty or property interest protected by the Fourteenth Amendment's due process clause.
• Gennaro Basciano v. Herkimer
  605 F.2d 605· 2d Cir.· 1978-11-15 ·cited 18×
  The court held that the City's procedure for determining eligibility for accident disability retirement benefits, as applied to the plaintiff, satisfied the requirements of due process.
• The Princeton Cmty. Phone Book, Inc. v. Bate
  582 F.2d 706· 3d Cir.· 1978-06-23 ·cited 18×
  The court held that the claim for injunctive relief was not moot, Opinion 290 violates the First Amendment, defendants have qualified immunity for damages under § 1983, and the Sherman Act claim is barred by the state action doctrine.
• Bayou Landing, Ltd. v. Watts
  563 F.2d 1172· 5th Cir.· 1977-11-28 ·cited 18×·via 42 U.S.C. § 1983 Action
  The court held that the city council's actions in withholding an occupancy permit and revoking occupational licenses for adult bookstores, based on community disapproval and without proper procedural safeguards, violated the First Amendment.
• Verle Austin v. Bd. OF Educ. OF Georgetown Cmty. Unit Sch. Dist. NO. 3 OF Vermilion Cnty.
  562 F.2d 446· 7th Cir.· 1977-09-21 ·cited 18×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that a discharged employee's claim of deprivation of liberty without due process requires an allegation that the stigmatizing charges were substantially false, and that a factual dispute regarding public dissemination of the charges precluded summary judgment.
• Smith v. Shimp
  562 F.2d 423· 7th Cir.· 1977-09-16 ·cited 18×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Jail officials may read nonprivileged mail of pretrial detainees on a spot-check basis without violating constitutional rights, as the state's interest in jail security justifies this practice. The detainee's presence is not required when inspecting nonprivileged incoming mail.
• Byrd v. Gain
  558 F.2d 553· 9th Cir.· 1977-08-02 ·cited 18×·via 42 U.S.C. § 1983 Action
  The First Amendment does not guarantee police officers an unqualified right to publicly criticize their department and superiors in a manner calculated to inflame the public or adversely affect departmental morale and discipline.
• Morgan v. Montanye
  516 F.2d 1367· 2d Cir.· 1975-05-06 ·cited 18×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that even if prison officials opened attorney mail out of an inmate's presence, the inmate failed to demonstrate actual damage or constitutional infringement, thus the suit was properly dismissed.
• Leonard v. Miss. State Prob. & Parole Bd.
  509 F.2d 820· 5th Cir.· 1975-03-17 ·cited 18×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the decision in Gates v. Collier should not be applied retroactively to require expungement of pre-Gates prison disciplinary records, and that the class action was properly brought under § 1983.
• Palmigiano v. Mullen
  491 F.2d 978· 1st Cir.· 1974-02-19 ·cited 18×·via 42 U.S.C. § 1983 Claim For Damages
  A prisoner need not exhaust state judicial remedies before bringing a § 1983 action for damages. The district court erred in granting summary judgment solely on this ground.
• Knell v. Bensinger
  489 F.2d 1014· 7th Cir.· 1973-11-06 ·cited 18×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that an inmate's claim of denial of access to courts and procedural safeguards requires further factual determination, and that a claim regarding diminution of good time should also be reviewed.
• Morrow v. Giles W. Crisler
  479 F.2d 960· 5th Cir.· 1973-04-18 ·cited 18×
• Mancuso v. Taft
  476 F.2d 187· 1st Cir.· 1973-03-20 ·cited 18×
  A city charter provision prohibiting classified civil servants from becoming candidates for public office violates the Equal Protection Clause because it is not narrowly tailored to serve a compelling government interest.
• The Albany Welf. Rights Org. DAY Care Ctr., Inc. v. Schreck
  463 F.2d 620· 2d Cir.· 1972-06-09 ·cited 18×
  The court held that the complaint sufficiently alleged a claim for relief, stating that plaintiffs had a factual foundation to establish retaliation by defendants.
• Stull v. Sch. Bd. of the W. Beaver Junior-Senior High Sch.
  459 F.2d 339· 3d Cir.· 1972-04-13 ·cited 18×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  A school's hair length regulation is invalid unless the school demonstrates a legitimate interest, such as safety in shop classes, that outweighs the student's liberty interest in personal appearance.
• Sunflower Cnty. Colored Baptist Ass'n v. Trs. of Indianola Mun. Separate Sch. Dist.
  369 F.2d 795· 5th Cir.· 1966-12-01 ·cited 18×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the allegations in the removal petition were insufficient to meet the conditions for removal under 28 U.S.C. § 1443, as the eminent domain proceedings did not present a situation where federal rights would inevitably be denied.
• Deshawn Gervin v. Florence
  139 F.4th 1236· 11th Cir.· 2025-06-09 ·cited 17×·via 42 U.S.C. § 1983 Claim For Violation Of Fourth Amendment Rights
  Deshawn Gervin sued two Georgia probation officers under federal civil rights law, alleging they violated his Fourth Amendment rights by recklessly making false statements to obtain a warrant and pursue a probation revocation against him when the only condition of his probation—t
• Del Castillo v. Sec'y, Fla. Dep't of Health
  26 F.4th 1214· 11th Cir.· 2022-02-18 ·cited 17×·via 42 U.S.C. § 1983 Action
  The Eleventh Circuit held that Florida's Dietetics and Nutrition Practice Act, as applied to the plaintiff, did not violate her First Amendment free speech rights because it regulated professional conduct with only an incidental effect on speech, and this reasoning from Locke v.
• Broward Gardens Tenants Ass'n v. United States Env't Prot. Agency
  311 F.3d 1066· 11th Cir.· 2002-11-05 ·cited 17×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Broward Gardens Tenants Association and residents sued the EPA, HUD, and the City of Fort Lauderdale challenging the adequacy of the cleanup plan for the Wingate Superfund Site, alleging that the site's proximity to their housing complex—which was 99% African-American—exposed the
• Maldonado v. Anne Josey
  975 F.2d 727· 10th Cir.· 1992-09-16 ·cited 17×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that compulsory school attendance does not create a constitutional duty for the state to protect schoolchildren from harm, distinguishing it from other custodial situations.
• Int'l Soc'y FOR Krishna Consciousness, Inc. v. LEE
  925 F.2d 576· 2d Cir.· 1991-02-08 ·cited 17×·via 42 U.S.C. § 1983 Action
  The court denied rehearing en banc.
• Smith v. Freeman
  921 F.2d 1120· 10th Cir.· 1990-12-27 ·cited 17×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that a district court did not abuse its discretion in awarding a reduced hourly rate for attorney driving time and denying an increase in the lodestar for delay or risk of nonpayment, but did err by failing to consider hours spent on a reply brief.
• Charles v. Scotty Baesler
  910 F.2d 1349· 6th Cir.· 1990-08-14 ·cited 17×·via 42 U.S.C. § 1983 Action
  Substantive due process does not protect ordinary state-created contract rights, and a simple breach of contract by a government entity does not violate the Contracts Clause if state remedies remain available.
• Conlin v. Blanchard
  890 F.2d 811· 6th Cir.· 1989-11-27 ·cited 17×
  The court held that the statute of limitations barred claims for promotions denied outside the limitations period, and that the affirmative action plan's constitutionality required further factual development regarding its predicate and tailoring.
• Evans v. City OF Chicago
  873 F.2d 1007· 7th Cir.· 1989-04-27 ·cited 17×
  The court held that the City's practice of prioritizing payment of tort judgments under $1,000 over larger judgments did not violate equal protection, reversing its prior decision. The court also held that the City's budgetary scheme for paying different types of judgments from s
• Figueroa-Rodriguez v. Aquino
  863 F.2d 1037· 1st Cir.· 1988-12-09 ·cited 17×·via 42 U.S.C. § 1983 Action
  The court held that the defendant Aquino was entitled to qualified immunity from damages because it was not clearly established in 1985 that political affiliation was inappropriate for the plaintiff's position. The court also remanded the back pay award issue to determine Elevent
• Brandt v. Bd. OF Coop. Educ. Servs.
  820 F.2d 41· 2d Cir.· 1987-05-29 ·cited 17×
  The court held that placing stigmatizing charges in a discharged employee's personnel file, with a likelihood of disclosure to prospective employers, implicates a liberty interest requiring a name-clearing hearing.
• Wilson v. Stocker
  819 F.2d 943· 10th Cir.· 1987-05-14 ·cited 17×
  The court held that the Oklahoma statute prohibiting anonymous campaign literature distribution is facially overbroad and violates the First Amendment, and that attorney's fees were properly awarded under 42 U.S.C. § 1988.
• Montauk-Caribbean Airways, Inc. v. Hope
  784 F.2d 91· 2d Cir.· 1986-02-14 ·cited 17×
  The court held that the Local Government Antitrust Act and the state action doctrine barred antitrust claims against the municipality, and that no private right of action exists under the Federal Aviation Act or § 1983.
• Bank OF Am. Nat'l Tr. & Sav. Ass'n v. Summerland Cnty. Water Dist. & Does I Through XV
  767 F.2d 544· 9th Cir.· 1985-07-26 ·cited 17×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court affirmed the district court's denial of a preliminary injunction and its stay of proceedings pending state court adjudication, finding abstention appropriate. The issue of counsel disqualification was remanded for further consideration.
• Zanghi v. The Inc. Vill. OF OLD Brookville
  752 F.2d 42· 2d Cir.· 1985-01-04 ·cited 17×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that a prior administrative finding of probable cause collaterally estops claims based on that finding, but claims of excessive force and those related to resisting arrest are not precluded and require further proceedings.
• In re Kansas Congressional Districts Reapportionment Cases. Pat O'Sullivan v. Brier
  745 F.2d 610· 10th Cir.· 1984-10-05 ·cited 17×
  The court held that plaintiffs were prevailing parties entitled to attorney's fees under 42 U.S.C. § 1988, and that the fees awarded were reasonable, but remanded for determination of additional fees for the appeal.
• Laskaris v. Thornburgh
  733 F.2d 260· 3d Cir.· 1984-04-24 ·cited 17×
  The court denied the petition for rehearing, meaning the prior panel decision stands.
• Tidwell v. Schweiker
  677 F.2d 560· 7th Cir.· 1982-04-30 ·cited 17×
  The court held that the original DMH Form 623 violated 42 U.S.C. § 407 and that the named plaintiffs had standing to challenge the system. The court affirmed the award of attorney's fees but reversed the use of a lodestar multiplier.
• Gallahan v. Cpl. B. B. Hollyfield
  670 F.2d 1345· 4th Cir.· 1982-02-09 ·cited 17×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the prison regulation requiring prisoners to cut their hair was unconstitutional as applied to a prisoner whose sincere religious beliefs prohibited cutting his hair.
• Columbus Educ. Ass'n v. Columbus City Sch. Dist.: Va. E. Printice
  623 F.2d 1155· 6th Cir.· 1980-06-30 ·cited 17×
• Kyees v. Cnty. Dep't OF Pub. Welf. OF Tippecanoe Cnty.
  600 F.2d 693· 7th Cir.· 1979-06-22 ·cited 17×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  Foster parents do not possess a constitutionally protected liberty interest in their relationship with a foster child that requires due process before removal, especially when the foster care arrangement is temporary and the state retains significant control.
• Myers v. Bull
  599 F.2d 863· 8th Cir.· 1979-06-11 ·cited 17×·via 42 U.S.C. § 1983 Action
  The court held that a police officer testifying in a judicial proceeding is not acting under color of law and that witnesses are absolutely immune from civil suits for their testimony, even if perjured.
• Hooks v. Kelley
  463 F.2d 1210· 5th Cir.· 1972-07-07 ·cited 17×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that a prisoner's allegation of transfer due to court access is a serious claim that warrants an evidentiary hearing.
• Wate v. Kubler
  839 F.3d 1012· 11th Cir.· 2016-10-12 ·cited 16×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  James Clifton Barnes died two days after being tasered five times by Deputy Sheriff Kenneth Kubler during an arrest at a Florida beach. The Eleventh Circuit affirmed the district court's denial of qualified immunity, holding that Kubler's repeated use of the Taser after Barnes wa
• Dickinson v. Marla E. Gonzalez
  839 So. 2d 709· Fla. 3d DCA· 2003-01-02 ·cited 16×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The Third District Court of Appeal reversed a damages judgment against the Florida Department of Highway Safety and Motor Vehicles and Trooper Jacqueline Gipson for false arrest and civil rights violations arising from an allegedly improper DUI arrest. The court held that the Dep
• Tallahassee Mem'l Reg'l Med. Ctr. v. Cook
  109 F.3d 693· 11th Cir.· 1997-04-08 ·cited 16×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Two Florida hospitals challenged the state's Medicaid reimbursement system under the Boren Amendment for failing to compensate them for "grace days"—days adolescent psychiatric patients remained hospitalized after medical necessity for inpatient care ended but before placement in
• Taylor v. Fla. State Fair Auth.
  875 F. Supp. 812· M.D. Fla.· 1995-02-03 ·cited 16×
  The court granted plaintiff's motion for leave to amend her complaint and denied defendant's motion to dismiss.