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

• Barron Collier v. City OF Springdale
  733 F.2d 1311· 8th Cir.· 1984-05-08 ·cited 12×
  The court held that the availability of adequate state law mechanisms for compensation precludes a claim under 42 U.S.C. § 1983 for a taking of property for public use.
• Earnest Edmond Abbitt v. Franklin
  731 F.2d 661· 10th Cir.· 1984-03-30 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that the new rule established in Garcia v. Wilson, which dictates the method for selecting an analogous state statute of limitations for § 1983 claims, should not be retroactively applied to bar the plaintiff's claim due to substantial inequity.
• Turman v. Tuttle
  711 F.2d 148· 10th Cir.· 1983-06-28 ·cited 12×·via 42 U.S.C. § 1983 Action
  A pro se litigant who prevails in a § 1983 action is not entitled to attorney's fees under 42 U.S.C. § 1988.
• Jones v. O.D. Gann
  703 F.2d 513· 11th Cir.· 1983-04-18 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that res judicata barred claims against the city and mayor, but not against individual defendants Gann, Griffin, and Crane, as their involvement was not shown to have been adjudicated in prior proceedings.
• Fulford v. King
  692 F.2d 11· 5th Cir.· 1982-11-22 ·cited 12×·via § 1983 Suit
  The court held that requiring prisoners in an extended lockdown unit to wear full restraints and a 'black box' during transport outside the prison does not violate the Eighth or Fourteenth Amendments.
• Tikalsky v. City OF Chicago
  687 F.2d 175· 7th Cir.· 1982-08-02 ·cited 12×·via Section 1983
  The court held that the district court abused its discretion by granting a new trial based on the reversal of a case that had minimal impact on the jury's deliberations and was not a basis for the jury's verdict.
• Truly v. Madison Gen. Hosp.
  673 F.2d 763· 5th Cir.· 1982-04-22 ·cited 12×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the hospital's denial of staff privileges was not a violation of procedural due process or the First Amendment, and the findings of fact were not clearly erroneous.
• Parviz Modaber, M.D. v. Culpeper Mem'l Hosp., Inc.
  674 F.2d 1023· 4th Cir.· 1982-03-24 ·cited 12×·via 42 U.S.C. § 1983 Action
  A private hospital's revocation of a physician's clinical staff privileges is not "state action" under the Fourteenth Amendment, even if the hospital receives federal funding, treats Medicare/Medicaid patients, or reports revocations to state authorities.
• Heille v. The City OF ST. Paul
  671 F.2d 1134· 8th Cir.· 1982-02-26 ·cited 12×·via 42 U.S.C. § 1983 Violations
  The court held that the plaintiff failed to establish the requisite nexus with interstate commerce for his antitrust claims and that his § 1983 claims were also properly dismissed.
• Bradley v. Coughlin
  671 F.2d 686· 2d Cir.· 1982-01-27 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that the prisoner's pro se complaint adequately stated claims for damages and that his first notice of appeal was timely and sufficient to confer appellate jurisdiction.
• Kirksey v. City OF Jackson
  663 F.2d 659· 5th Cir.· 1981-12-11 ·cited 12×
  The court held that the at-large voting system in Jackson, Mississippi, does not violate the Constitution or the Voting Rights Act because there was no proof of discriminatory intent in its establishment or maintenance, and judicial inquiry into individual voter motives is imperm
• Sambo's Rests., Inc. v. The City OF ANN Arbor
  663 F.2d 686· 6th Cir.· 1981-11-04 ·cited 12×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that a contract obtained through economic coercion or duress, specifically threatening to withhold a building permit to force a company to waive its First Amendment right to use a name, is not binding.
• Yellow Springs Exempted Vill. Sch. Dist. Bd. OF Educ. v. Ohio High Sch. Athletic Ass'n
  647 F.2d 651· 6th Cir.· 1981-04-28 ·cited 12×
  The court held that the OHSAA's rule prohibiting girls from participating in contact sports violates Title IX regulations, but it declined to rule on the constitutionality of the regulation itself. The court reversed the district court's finding that the regulation was unconstitu
• Johnson v. Parke
  642 F.2d 377· 10th Cir.· 1981-02-26 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's allegations, if true, state a claim for denial of access to the courts under 42 U.S.C. § 1983, and the complaint was improperly dismissed as frivolous.
• Giles M. Lugar v. Edmondson OIL Co., Inc.
  639 F.2d 1058· 4th Cir.· 1981-01-09 ·cited 12×·via 42 U.S.C. § 1983 Action
• Davis v. City OF Abbeville
  633 F.2d 1161· 5th Cir.· 1981-01-08 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court affirmed the attorney's fees award, finding no abuse of discretion despite the district court's failure to explicitly articulate the Johnson factors, as the record indicated consideration and the award was not palpably unreasonable.
• Robert M. v. Benton
  622 F.2d 370· 8th Cir.· 1980-05-23 ·cited 12×
  The court held that it lacked clear jurisdiction under 28 U.S.C. § 1291 because the district court's order was not a final judgment, but might have jurisdiction under 28 U.S.C. § 1292(a)(1) if the order is construed as an injunction.
• Vasquez v. Patrolman Robert Fleming
  617 F.2d 334· 3d Cir.· 1980-02-13 ·cited 12×·via § 1983 Suit
  The Federal Rules of Appellate Procedure, not the Virgin Islands Code, apply to appeals from the Virgin Islands district courts, meaning attorney fees are not automatically recoverable as costs under local law.
• Housand v. Maxwell Heiman
  594 F.2d 923· 2d Cir.· 1979-03-20 ·cited 12×
  The court held that while the plaintiff's constitutional claims were properly dismissed for lack of state action or bias, the case should be remanded to allow the plaintiff to amend his complaint to assert diversity jurisdiction.
• Brogan v. Wiggins Sch. Dist. and/or Bd. of Educ.
  588 F.2d 409· 10th Cir.· 1978-12-13 ·cited 12×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the trial court properly granted summary judgment because the plaintiff failed to establish a prima facie case of discrimination and did not meet the qualifications for the certificate, and claims were barred by the statute of limitations or failure to exhaust
• Prentice Robinson, Jr. v. Richardson
  556 F.2d 332· 5th Cir.· 1977-07-25 ·cited 12×
  The court held that a state prisoner challenging his conviction based on discriminatory jury selection must first exhaust state remedies via a habeas corpus action, as this claim goes to the validity of the conviction itself.
• Stadium Films, Inc. v. Baillargeon
  542 F.2d 577· 1st Cir.· 1976-09-23 ·cited 12×·via 42 U.S.C. § 1983 Claim For Damages
  Police officers are not liable for damages for negligent errors of law in seeking or executing search warrants, and plaintiffs failed to prove officers actually knew of constitutional defects.
• Greene v. City OF Memphis
  535 F.2d 976· 6th Cir.· 1976-05-13 ·cited 12×
  The court held that the district court erred in dismissing the complaint for failure to state a claim under 42 U.S.C. § 1982 and § 1983.
• Lawrence I. Weisman on his own behalf v. LeLANDAIS
  532 F.2d 308· 2d Cir.· 1976-03-22 ·cited 12×
  The court held that the district court's dismissal orders were final decisions and that the complaints sufficiently stated claims for relief under the Civil Rights Act and diversity jurisdiction, thus the dismissal was premature.
• Kirkland v. The NEW York State Dep't OF Corr. Servs.
  531 F.2d 5· 2d Cir.· 1975-12-10 ·cited 12×·via Section 1983
  The court should have granted an en banc hearing to clarify the circuit's law on racial quotas as remedies for past discrimination, as such quotas are permissible to correct discriminatory effects.
• Soldevila v. Sec'y OF Agric. OF the United States
  512 F.2d 427· 1st Cir.· 1975-03-13 ·cited 12×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the district court erred in granting a preliminary injunction because the appellee failed to demonstrate extraordinary harm and had not exhausted administrative remedies.
• Brown v. D. C. Transit Sys., Inc.
  523 F.2d 725· D.C. Cir.· 1975-02-28 ·cited 12×
  A private employer's grooming regulation, applied equally to all employees regardless of race or sex, does not constitute "state action" and therefore does not violate the Fifth Amendment's due process clause.
• Warth v. Ira Seldin
  495 F.2d 1187· 2d Cir.· 1974-04-18 ·cited 12×
  The court held that the appellants lacked standing to challenge the Town of Penfield's zoning laws because they failed to allege a sufficient personal stake or concrete injury in fact.
• Stewart v. Pearce
  484 F.2d 1031· 9th Cir.· 1973-09-17 ·cited 12×
  The court held that an order for a psychiatric examination of a college instructor, stemming from his protest activities, was constitutionally invalid without prior notice and a hearing, thus violating his due process rights.
• Educ. Equal. League v. Honorable James H. J. Tate
  472 F.2d 612· 3d Cir.· 1973-01-11 ·cited 12×
  The court held that the district court erred in dismissing the class action, finding that the plaintiffs established a prima facie case of racial discrimination in the appointment of the Educational Nominating Panel.
• Culp v. Martin
  471 F.2d 814· 5th Cir.· 1973-01-10 ·cited 12×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that while claims for injunctive relief regarding jail conditions were moot due to the prisoners' return, their claims for damages and return of property remained viable.
• Hayes v. Sec'y of Dep't of Pub. Safety
  455 F.2d 798· 4th Cir.· 1972-01-25 ·cited 12×
  The court held that a pro se plaintiff's allegations, when liberally construed, stated a cause of action under 42 U.S.C.A. § 1983, and the district court erred in dismissing the complaint as frivolous.
• Stewart v. Dameron
  448 F.2d 396· 5th Cir.· 1971-09-16 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in placing the burden of proof on the defendants regarding the good faith of the prosecution.
• Martone v. McKEITHEN
  413 F.2d 1373· 5th Cir.· 1969-07-11 ·cited 12×
  Public officials are immune from damage suits for acts within the scope of their official duties, but the case is remanded regarding injunctive relief due to potential constitutional issues with the investigating commission.
• Joyce v. Ferrazzi
  323 F.2d 931· 1st Cir.· 1963-10-30 ·cited 12×
  The court held that the plaintiff failed to establish claims under 42 U.S.C. § 1983 and § 1985(3) against the defendants.
• TWO Guys From Harrison-Allentown, Inc. v. McGINLEY
  266 F.2d 427· 3d Cir.· 1959-03-25 ·cited 12×
  The court held that the district judge who vacated the temporary restraining order and dismissed the complaint lacked jurisdiction to do so, as the case required a three-judge court.
• Dudley Teel v. Deputy Sheriff Jonathan Lozada
  99 F.4th 1273· 11th Cir.· 2024-04-18 ·cited 11×·via 42 U.S.C. § 1983 (Excessive Force)
  The Eleventh Circuit affirmed the district court's rulings, finding no reversible error in the jury instructions, evidentiary rulings, or the grant of summary judgment on the Monell claim.
• Sears v. Forbes/Cohen Fla. Props., L.P.
  223 So. 3d 292· Fla. 4th DCA· 2017-07-12 ·cited 11×·via 42 U.S.C. § 1983 Action
  Sears sought declaratory relief challenging a City resolution requiring both the landlord (Forbes/Cohen) and the City to approve any subdivision of anchor tenant space, claiming it unconstitutionally impaired Sears's contract rights and violated substantive due process. The court
• Zivojinovich v. Ritz Carlton Hotel Co., LLC
  445 F. Supp. 2d 1337· M.D. Fla.· 2006-08-01 ·cited 11×·via 42 U.S.C. § 1983 Violations
  The court held that plaintiffs lacked standing for their loss of business revenue claim and dismissed it, but denied motions to dismiss most other federal and state law claims, including a counterclaim for battery.
• Martinez v. Bush
  234 F. Supp. 2d 1275· S.D. Fla.· 2002-12-03 ·cited 11×
  The court held that plaintiffs failed to establish claims of racial discrimination in the redistricting process, vote dilution under the Voting Rights Act, or political gerrymandering.
• Stachel v. City of Cape Canaveral
  51 F. Supp. 2d 1326· M.D. Fla.· 1999-06-22 ·cited 11×·via 42 U.S.C. § 1983 Violations
  The court held that defendants were entitled to qualified immunity on the § 1983 claims due to arguable probable cause for the arrest and minimal force used, and dismissed state law claims for lack of jurisdiction.
• Kingston Square Tenants Ass'n v. Tuskegee Gardens, Ltd.
  792 F. Supp. 1566· S.D. Fla.· 1992-05-26 ·cited 11×·via Section 1983
  The court held that tenants cannot bring an implied cause of action under federal housing statutes for monetary damages and that tort claims for economic losses arising from a contract breach are barred by the economic loss rule.
• Renay Hunter v. The Dist. OF Columbia
  943 F.2d 69· D.C. Cir.· 1991-08-30 ·cited 11×
  The court held that a plaintiff's § 1983 claim against an individual officer for excessive force, occurring before Graham v. Connor, must meet a heightened pleading standard and be judged against the "clearly established" law at the time, which in this circuit was the Norris stan
• Trautvetter v. Quick
  916 F.2d 1140· 7th Cir.· 1990-10-12 ·cited 11×·via Section 1983
• White v. Am. Airlines, Inc.
  915 F.2d 1414· 10th Cir.· 1990-10-01 ·cited 11×
  The court held that the jury instruction on the plaintiff's burden of proof regarding the motive for discharge was erroneous because it did not require the refusal to commit perjury to be a significant factor in the termination decision. The court reversed and remanded for a new
• Nieto v. SAN Perlita Indep. Sch. Dist.
  894 F.2d 174· 5th Cir.· 1990-02-16 ·cited 11×·via 42 U.S.C. § 1983 Action
  The court held that the defendants are entitled to qualified immunity because the plaintiff failed to plead sufficient facts to overcome the defense, and his speech caused significant disruption outweighing its public concern value.
• Pleasant v. Zamieski
  895 F.2d 272· 6th Cir.· 1990-02-08 ·cited 11×·via 42 U.S.C. § 1983 (Excessive Force)
  The concurring judge agrees with the majority's result but disagrees with the reasoning in Section II, believing the excessive force issue should have been left to the jury.
• Vosburg v. Dep't OF Soc. Servs.
  884 F.2d 133· 4th Cir.· 1989-08-29 ·cited 11×·via 42 U.S.C. § 1983 Action
  State social workers are absolutely immune from liability for filing a child removal petition, as this action is considered prosecutorial in nature.
• Bougher v. Univ. OF Pittsburgh
  882 F.2d 74· 3d Cir.· 1989-08-15 ·cited 11×
  The court held that the plaintiff's claims under Title IX, Section 1983, Section 1985(3), and intentional infliction of emotional distress were time-barred by the applicable statutes of limitations.
• Thomas v. Carpenter
  881 F.2d 828· 9th Cir.· 1989-08-09 ·cited 11×·via 42 U.S.C. § 1983 Civil Rights Violations
  A public employee states a cause of action under 42 U.S.C. § 1983 for retaliation when their employer takes adverse actions against them for engaging in constitutionally protected speech, even if the employee was not terminated or demoted.