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

• Wiggins v. NEW Mexico State Supreme Court Clerk
  664 F.2d 812· 10th Cir.· 1981-11-24 ·cited 16×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that a prisoner's pro se civil rights complaint alleging constitutional deprivations should not be dismissed unless it appears beyond doubt that no relief can be granted.
• Weaver v. Bowers
  657 F.2d 1356· 3d Cir.· 1981-09-08 ·cited 16×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the defendants waived their defense of nonretroactivity by failing to raise it timely, but exercised its inherent power to consider the issue due to unusual circumstances and the need for evenhandedness in justice.
• Kelsey v. Dr. Ewing
  652 F.2d 4· 8th Cir.· 1981-06-24 ·cited 16×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the district court erred in dismissing the inmate's complaint, as sufficient unrebutted allegations raised genuine factual issues regarding unconstitutional medical care.
• Greyling Byron Poats v. Givan
  651 F.2d 495· 7th Cir.· 1981-06-10 ·cited 16×
  The court held that Indiana's rule limiting bar examination attempts to four is constitutional and satisfies due process and equal protection requirements.
• Cole v. Gray
  638 F.2d 804· 5th Cir.· 1981-03-02 ·cited 16×
  The court held that executive defendants Gray and Cummings were protected by qualified immunity, while state legislators Jones and Holmes were not immune for actions outside the legislative process and lacked sufficient evidence for a conspiracy claim.
• Robert M. v. Benton
  634 F.2d 1139· 8th Cir.· 1980-12-01 ·cited 16×
  The court held that an employee of a state educational agency, even if not directly involved in a child's education, is prohibited from conducting a due process hearing under the Education for All Handicapped Children Act if the agency is involved in the child's education.
• Loughney v. Hickey
  635 F.2d 1063· 3d Cir.· 1980-11-07 ·cited 16×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the district court's judgment should be vacated and the case remanded for reconsideration in light of the Supreme Court's subsequent decision in Branti v. Finkel, which established a new test for political discharge claims.
• Mahoning Women's Ctr. v. Hunter
  610 F.2d 456· 6th Cir.· 1979-12-18 ·cited 16×
  A city ordinance imposing costly and unnecessary medical and building code regulations on first-trimester abortion clinics is invalid because it unduly burdens a woman's constitutional right to choose an abortion and denies equal protection.
• Sala v. Cnty. OF Suffolk
  604 F.2d 207· 2d Cir.· 1979-08-17 ·cited 16×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that a municipality is afforded immunity from damages under § 1983 when its policy was not constitutionally infirm under then-existing law and there was no evidence of bad faith by those formulating the policy.
• Louie F. BAY v. W. Pac. R.R. Co.
  595 F.2d 514· 9th Cir.· 1979-04-19 ·cited 16×
  Section 55 of the Federal Employer's Liability Act (FELA) does not create a private cause of action for employees; it only voids contracts or devices that attempt to exempt a carrier from FELA liability.
• Lang v. Wyrick
  590 F.2d 257· 8th Cir.· 1978-12-19 ·cited 16×
  The court held that the district court did not abuse its discretion in denying the motion to set aside the judgment of dismissal.
• Claudio Bauza v. Carrion
  578 F.2d 447· 1st Cir.· 1978-06-20 ·cited 16×
  The court held that the school's admissions practices, even if deviating from published regulations, did not violate the Fourteenth Amendment's equal protection or due process clauses without evidence of intentional discrimination or a deprivation of a clearly established entitle
• Hunter v. Clardy
  558 F.2d 290· 5th Cir.· 1977-08-29 ·cited 16×
  An arrest made with probable cause, even with a collateral bad motive, does not constitute a false arrest under Georgia law or a violation of 42 U.S.C. § 1983.
• Elssy Rivas Tenorio v. Liga Atletica Interuniversitaria
  554 F.2d 492· 1st Cir.· 1977-05-03 ·cited 16×
  The court held that the actions of the Liga Atlética Interuniversitaria (LAI) constitute Commonwealth action subject to constitutional scrutiny, and that the regulation discriminating against non-Puerto Rican athletes on its face requires strict judicial review.
• Uzzell v. Friday
  547 F.2d 801· 4th Cir.· 1977-01-05 ·cited 16×
  The court held that the University's funding of the Black Student Movement was moot due to policy changes, but its race-based selection criteria for the Campus Governing Council and Student Honor Court violated the Fourteenth Amendment and Civil Rights Acts.
• Kellerman v. Reubin Askew
  541 F.2d 1089· 5th Cir.· 1976-11-01 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court held that summary judgment was improperly granted because the plaintiff's allegations were sufficient to raise genuine issues of material fact regarding the defendants' knowledge and acquiescence in constitutional deprivations.
• Sullivan v. Meade Indep. Sch. Dist. NO. 101
  530 F.2d 799· 8th Cir.· 1976-02-26 ·cited 16×
  The court held that the school board members acted in good faith and did not violate the teacher's clearly established constitutional rights, thus they are not liable for damages. The court also affirmed the dismissal of the action due to the teacher's withdrawal of her reinstate
• Chestnut v. City OF Quincy
  513 F.2d 91· 5th Cir.· 1975-05-21 ·cited 16×·via 42 U.S.C. § 1983 Claim For Damages
  A police chief is not liable under 42 U.S.C. § 1983 for an officer's shooting if the chief had no knowledge of specific prior misconduct and no active control over the incident.
• Allison "Pookie" Fortin v. Darlington Little League, Inc.
  514 F.2d 344· 1st Cir.· 1975-03-31 ·cited 16×
  The court held that denying a girl the opportunity to play Little League baseball based on sex, despite significant state involvement with the league, violates the Equal Protection Clause of the Fourteenth Amendment, as the purported physical differences do not justify the exclus
• Black v. Brown
  513 F.2d 652· 7th Cir.· 1975-03-20 ·cited 16×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the dismissal of the plaintiff's claims for monetary and declaratory relief regarding denial of procedural due process, denial of access to courts, and cruel and unusual punishment was improper.
• Parks v. Harden
  504 F.2d 861· 5th Cir.· 1974-12-02 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court held that the regulation allowing optional AFDC payments to expectant mothers was a valid exercise of agency discretion and did not mandate payments for unborn children.
• Tennyson v. GAS Serv. Co.
  506 F.2d 1135· 10th Cir.· 1974-11-26 ·cited 16×·via Violation Of Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the Johnson Act precludes federal jurisdiction over challenges to state utility rate orders, even when framed as class actions seeking declaratory and monetary relief.
• Wright v. Ark. Activities Ass'n (AAA)
  501 F.2d 25· 8th Cir.· 1974-07-16 ·cited 16×
  The court held that the Arkansas Activities Association's disciplinary ruling violated due process by imposing sanctions without fair notice of potential penalties for violating its regulations.
• Licia T. M. Cardinale v. Wash. Tech. Inst.
  500 F.2d 791· D.C. Cir.· 1974-06-25 ·cited 16×
  The court held that the plaintiff's complaint sufficiently stated a claim arising under the Constitution to invoke the District Court's jurisdiction under 28 U.S.C. § 1331.
• Holland v. Connors
  491 F.2d 539· 5th Cir.· 1974-03-22 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court held that a pro se inmate's complaint alleging deprivation of constitutional rights, even if inartfully pleaded, is sufficient to withstand dismissal if it appears beyond doubt that the plaintiff can prove no set of facts entitling him to relief.
• DOE v. Lukhard
  493 F.2d 54· 4th Cir.· 1974-02-26 ·cited 16×
  A single-judge district court has jurisdiction to decide a case on non-constitutional grounds, even if a three-judge court would normally be required, provided the constitutional claim is colorable and the non-constitutional grounds are dispositive.
• Akron Bd. OF Educ. & Conrad C. Ott v. State Bd. OF Educ. OF Ohio
  490 F.2d 1285· 6th Cir.· 1974-01-15 ·cited 16×
  The court held that plaintiffs have standing to sue and should be permitted to amend their complaint to add parties and assert jurisdiction under 28 U.S.C. § 1331.
• Jackson v. Metro. Edison Co.
  483 F.2d 754· 3d Cir.· 1973-08-21 ·cited 16×·via Violation Of Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the termination of utility service by a privately owned, heavily regulated utility company, absent specific state compulsion or direct involvement in the termination decision, does not constitute action 'under color of state law' for purposes of a Civil Rights
• Cooley v. The Bd. OF Educ. OF the Forrest City Sch. Dist.
  453 F.2d 282· 8th Cir.· 1972-01-06 ·cited 16×
  A public school teacher's mid-term discharge without notice of reasons and an opportunity to be heard violates procedural due process, absent a significant countervailing state interest.
• Honey v. Goodman
  432 F.2d 333· 6th Cir.· 1970-10-09 ·cited 16×
  The dissenting judge believes that § 1983 is not an exception to the prohibition in § 2283 against federal courts enjoining state proceedings.
• Taylor v. Ky. State BAR Ass'n
  424 F.2d 478· 6th Cir.· 1970-03-26 ·cited 16×
  The court held that the district court properly dismissed the claim for a three-judge panel, but erred in not considering the claim for federal injunctive relief under 42 U.S.C. § 1983.
• Domineque Hakim Marcelle RAY v. Comm'r, Ala. Dep't OF Corr.
  915 F.3d 689· 11th Cir.· 2019-02-06 ·cited 15×
  The Eleventh Circuit held that the district court erred in denying a stay of execution, finding a substantial likelihood of success on the Establishment Clause claim and that other equitable factors favored the stay.
• Dist. Attorney's Off. for the Third Jud. Dist. v. Osborne
  9th Cir.· 2009-06-18 ·cited 15×·via 42 U.S.C. § 1983 Action
  The court held that Alaska failed to provide an effective procedure for vindicating the liberty interest in demonstrating innocence through DNA testing, thus violating the Due Process Clause.
• Burge v. Ferguson
  619 F. Supp. 2d 1225· M.D. Fla.· 2008-12-16 ·cited 15×·via Section 1983
  The court held that the complaint sufficiently alleged claims for malicious prosecution against Ferguson and a supervisory liability claim against Nieman, but failed to state claims for excessive force and conspiracy against Ferguson and Bowlin.
• Hollingsworth v. Brown
  788 So. 2d 1078· Fla. 1st DCA· 2001-06-05 ·cited 15×·via 42 U.S.C. § 1983 Action
  An inmate sued correctional officers for retaliatory conduct violating his First Amendment rights under 42 U.S.C. § 1983. The trial court dismissed for failure to exhaust administrative remedies. The court affirmed, holding that the Prison Litigation Reform Act requires exhaustio
• Temple Univ. v. White
  941 F.2d 201· 3d Cir.· 1991-07-30 ·cited 15×·via 42 U.S.C. § 1983 Action
  The court held that Pennsylvania's Medicaid payment rates were invalid because the state failed to make required findings on their reasonableness and adequacy, and affirmed the district court's injunctive relief.
• Jules Gassner v. City OF Garland
  864 F.2d 394· 5th Cir.· 1989-02-02 ·cited 15×·via 42 U.S.C. § 1983 (Excessive Force)
  An officer is entitled to qualified immunity for an arrest if a reasonable officer could have believed there was probable cause for the charged offense or a related offense, and the force used was reasonable given the arrestee's resistance.
• Corselli v. Coughlin
  842 F.2d 23· 2d Cir.· 1988-03-15 ·cited 15×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the district court erred in granting summary judgment because genuine issues of material fact existed regarding the plaintiff's claims of excessive force and cruel and unusual punishment due to cold exposure.
• Hershey v. City OF Clearwater
  834 F.2d 937· 11th Cir.· 1987-12-21 ·cited 15×·via 42 U.S.C. § 1983 Action
  The court held that the ordinance prohibiting lodging in vehicles in public areas, after severing the 'or sleep' provision, was constitutional and that probable cause existed for the arrest.
• Newcomb v. Ingle
  827 F.2d 675· 10th Cir.· 1987-08-27 ·cited 15×
  The court held that the plaintiff's claims under 42 U.S.C. § 1983 and 18 U.S.C. § 2520 were barred by the statute of limitations, and affirmed the district court's dismissal.
• Jackson Warren v. City OF Lincoln
  816 F.2d 1254· 8th Cir.· 1987-04-17 ·cited 15×·via 42 U.S.C. § 1983 Action
  The court held that the trial court erred in its jury instructions regarding pretextual arrest and unlawful detention, and in dismissing the claim against the City. The issue of qualified immunity is a question of law for the trial court.
• Elena Ezpeleta, M.D. v. Sisters OF Mercy Health Corp.
  800 F.2d 119· 7th Cir.· 1986-08-27 ·cited 15×
  The court held that the termination of a physician's staff privileges at a private hospital was not subject to federal antitrust laws due to the state action doctrine, did not constitute state action for purposes of a Section 1983 claim, and was not arbitrary or capricious under
• Berman v. Fla. Bd. OF BAR Exam'rs
  794 F.2d 1529· 11th Cir.· 1986-07-25 ·cited 15×·via § 1983 Suit
  The District Court correctly determined it lacked subject matter jurisdiction over a § 1983 suit challenging a state court's denial of a bar admission application.
• Haddock v. Bd. OF Dental Exam'rs OF Cal.
  777 F.2d 462· 9th Cir.· 1985-11-26 ·cited 15×
  Title VII does not apply to state licensing boards' activities, but claims under 42 U.S.C. § 1983 and the Fourteenth Amendment may proceed.
• Massop v. Coughlin
  770 F.2d 299· 2d Cir.· 1985-08-08 ·cited 15×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court erred in sua sponte dismissing a pro se prisoner's complaint before service of process.
• Eames v. The City OF Logan
  762 F.2d 83· 10th Cir.· 1985-05-13 ·cited 15×
  The court held that the plaintiff's allegations of stigmatization and damage to his reputation were sufficient to state a claim for a liberty interest violation under § 1983, even though he failed to request a name-clearing hearing.
• Hadley v. Werner
  753 F.2d 514· 6th Cir.· 1985-01-28 ·cited 15×·via 42 U.S.C. § 1983 Action
  The court held that a claim challenging the validity of a conviction, even if framed as a damages action under 42 U.S.C. § 1983, must first be pursued through a habeas corpus petition to establish the illegality of confinement.
• Singer v. Wadman
  745 F.2d 606· 10th Cir.· 1984-09-27 ·cited 15×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the trial judge did not err in refusing to disqualify himself and that summary judgment for the defendants was proper.
• Tuttle v. City OF Okla. City
  728 F.2d 456· 10th Cir.· 1984-02-28 ·cited 15×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the jury's finding of the officer's good faith was supported by evidence, and the trial court properly denied the City's motions and instructed the jury on municipal liability for gross negligence.
• S. Coop. Dev. Fund v. Driggers
  696 F.2d 1347· 11th Cir.· 1983-02-04 ·cited 15×
  The court held that the county commission could not deny a preliminary subdivision plat application based on reasons not contained within the applicable subdivision regulations, and that statutory provisions cited did not grant independent discretion to deny the plat.