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

• Wilkerson v. Maggio
  703 F.2d 909· 5th Cir.· 1983-04-25 ·cited 10×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the conditions of the petitioner's confinement did not constitute cruel and unusual punishment under the Eighth Amendment.
• ASH v. Bd. OF Educ. OF the Woodhaven Sch. Dist.
  699 F.2d 822· 6th Cir.· 1983-02-07 ·cited 10×
  Even if teachers had a property interest, they received all the process due them, and the court's analysis of the property interest itself was flawed.
• Spartacus, Inc. v. Borough OF McKEES Rocks
  694 F.2d 947· 3d Cir.· 1982-12-10 ·cited 10×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court affirmed the district court's denial of a preliminary injunction because the appellants failed to demonstrate a reasonable probability of success on the merits or irreparable harm.
• Gregorio Lopez v. E.G. Reyes
  692 F.2d 15· 5th Cir.· 1982-11-26 ·cited 10×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  Summary judgment for the defendant deputy sheriffs was correctly awarded because there were no genuine issues of material fact regarding the plaintiff's claims of constitutional violations and his classification as a high-risk prisoner.
• Andrade v. City OF Phoenix & Lawrence Wetzel
  692 F.2d 557· 9th Cir.· 1982-10-12 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the district court, not the agencies, must determine if disciplinary action would have been taken absent the impermissible ground, and that the Mt. Healthy standard is inappropriate if no constitutional right is implicated.
• Mozell and Delores Brooks v. Walker Cnty. Hosp. Dist.
  688 F.2d 334· 5th Cir.· 1982-10-04 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that Pullman abstention was appropriate because the scope of the state constitutional entitlement to free medical services was unclear and required interpretation by Texas courts.
• Strama v. Paul Q. Peterson, M.D.
  689 F.2d 661· 7th Cir.· 1982-09-16 ·cited 10×
  The court held that while attorneys' fees are recoverable under 42 U.S.C. § 1988, the hourly rate for lead counsel should not be increased beyond his usual billing rate, and multipliers are not justified in this case.
• Friarton Ests. Corp. v. The City OF NEW York
  681 F.2d 150· 2d Cir.· 1982-06-07 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiffs' claims were barred by res judicata due to prior state court litigation of the same issues, including constitutional claims.
• Birch v. Honorable Earl J. Mazander
  678 F.2d 754· 8th Cir.· 1982-05-20 ·cited 10×
  A judge is immune from liability for damages if acting within jurisdiction and performing judicial acts, and equitable relief requires irreparable harm and lack of adequate legal remedy.
• Hays v. Jefferson Cnty.
  673 F.2d 152· 6th Cir.· 1982-03-10 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court denied petitions for rehearing, concluding the issues were fully considered. The dissenting judges argued the case should have been reconsidered en banc due to significant questions regarding municipal liability standards.
• Hervie L. Daniels and Hervie Daniels, Jr. v. Gilbreath
  668 F.2d 477· 10th Cir.· 1982-01-13 ·cited 10×
• Howard v. NEW Jersey Dep't OF Civil Serv.
  667 F.2d 1099· 3d Cir.· 1981-12-04 ·cited 10×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the plaintiffs lacked standing to challenge the physical agility test because they failed the initial written examination.
• Kilcoyne v. Morgan
  664 F.2d 940· 4th Cir.· 1981-11-27 ·cited 10×·via Section 1983
  The court held that deviations from gratuitously provided procedural safeguards do not give rise to a constitutional claim under Section 1983, and that state law breach of contract claims were barred by sovereign immunity as it existed prior to its abrogation.
• Johnson v. Granholm
  662 F.2d 449· 6th Cir.· 1981-11-06 ·cited 10×·via 42 U.S.C. § 1983 Claim For Damages
  Public officials performing quasi-judicial duties and prosecutors are immune from damages under 42 U.S.C. § 1983 for actions within their official scope. A municipal body is not liable for employee actions absent a policy or custom.
• Vill. OF Arlington Heights v. Reg'l Transp. Auth.
  653 F.2d 1149· 7th Cir.· 1981-07-09 ·cited 10×·via Violation Of Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that federal courts lack jurisdiction to hear challenges to state tax laws when a plain, speedy, and efficient remedy exists in state courts, and that municipalities cannot challenge state statutes under the Fourteenth Amendment.
• Trujillo v. The State OF Colo.
  649 F.2d 823· 10th Cir.· 1981-05-28 ·cited 10×·via 42 U.S.C. § 1983 Action
  Accepting benefits from a conciliation agreement may waive the right to sue on all claims, but this waiver is only effective if the acceptance was voluntary and knowing.
• Aurora O'Neal as Administratrix of Estate of Tyrone O'Neal v. Brinton Esty
  637 F.2d 846· 2d Cir.· 1980-12-23 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in excluding testimony regarding an alleged admission by one of the defendant officers that they "beat up" the plaintiff's deceased husband, as this evidence was crucial to the brutality claim.
• Peterson v. Sheran
  635 F.2d 1335· 8th Cir.· 1980-12-05 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that federal courts have jurisdiction over constitutional claims arising from state judicial proceedings, but in this case, the appellant's claims were not ripe for review because he failed to present them fully to the state court, and the district court properly a
• Ridley v. Leavitt
  631 F.2d 358· 4th Cir.· 1980-10-17 ·cited 10×·via 42 U.S.C. § 1983 Action
  A pretrial detainee's claim of excessive force is not barred by res judicata or collateral estoppel, even if the detainee was convicted of assaulting jailers.
• Art Hayward, Jr. v. Procunier
  629 F.2d 599· 9th Cir.· 1980-10-03 ·cited 10×
  State prisoners' constitutional rights to procedural due process and freedom from cruel and unusual punishment were not violated by a five-month prison lockdown imposed due to gang violence and killings.
• Davis v. The United States Dep't OF Hous. & Urban Dev.
  627 F.2d 942· 9th Cir.· 1980-08-25 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the complaint stated grounds for relief against HUD and Pomona officials, reversing the dismissal of claims against them and remanding for further proceedings.
• Kirksey v. City OF Jackson
  625 F.2d 21· 5th Cir.· 1980-08-13 ·cited 10×
  The court vacated the district court's judgment and remanded the case for reconsideration in light of a new Supreme Court opinion that casts doubt on the validity of the legal principles used in the original fact-finding.
• FOX v. Parker
  626 F.2d 351· 4th Cir.· 1980-07-23 ·cited 10×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the Civil Rights Attorney’s Fees Awards Act of 1976 applies to cases pending on its effective date, but fees cannot be awarded for services related to a voluntarily dismissed appeal because the party was not the "prevailing party" for that portion.
• Vorbeck v. Whaley
  620 F.2d 191· 8th Cir.· 1980-04-24 ·cited 10×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The district court correctly dismissed the appellant's complaint on res judicata grounds, but erred in awarding attorney's fees without finding the suit frivolous.
• Harless v. Duck
  619 F.2d 611· 6th Cir.· 1980-04-23 ·cited 10×
  The court held that the district court erred in denying relief, finding that the City of Toledo's discriminatory employment practices continued after Title VII applied and that the 1972 examination was not job-related.
• Septum, Inc. v. Keller
  614 F.2d 456· 5th Cir.· 1980-03-24 ·cited 10×
  The court held that by cooperating with the prosecuting attorney, the defendant brought itself within the Younger abstention window, allowing for federal court intervention.
• Berdick v. The United States
  612 F.2d 533· Ct. Cl.· 1979-12-12 ·cited 10×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that it lacked jurisdiction over claims sounding in tort, seeking equitable relief, or against private parties, but granted summary judgment on the government's False Claims Act counterclaim, finding that the plaintiff's prior criminal conviction for making false s
• Clovis Carl Green, Jr. v. White
  605 F.2d 376· 8th Cir.· 1979-07-13 ·cited 10×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the plaintiff's claims were not frivolous and were not barred by res judicata, requiring an evidentiary hearing.
• Lokey v. Richardson
  600 F.2d 1265· 9th Cir.· 1979-07-11 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the appellant's claim for damages was not mooted by his return to minimum custody and that the issue of qualified immunity required further factual development.
• Mitchell v. Bd. of Trs. of Pickens Cnty. Sch. Dist. a
  599 F.2d 582· 4th Cir.· 1979-05-25 ·cited 10×
  A school board's policy requiring pregnant teachers to report their pregnancy and using that disclosure as the sole basis for non-renewal of their contract violates Title VII's prohibition against sex discrimination.
• Ball v. Bd. OF Trs. OF the Kerrville Indep. Sch. Dist.
  584 F.2d 684· 5th Cir.· 1978-11-20 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the appellant's claim of a liberty interest violation was insubstantial and frivolous, thus the district court did not err in dismissing the suit.
• Sassi v. Breier
  584 F.2d 234· 7th Cir.· 1978-10-06 ·cited 10×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  An amended complaint substituting named defendants for 'John Doe' does not relate back to the original filing if the newly named defendants lacked notice of the action within the limitations period.
• Lister v. Lucey
  575 F.2d 1325· 7th Cir.· 1978-05-04 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that abstention was no longer appropriate and the district court should hear the merits of the damage claims, as the plaintiffs' pursuit of state non-judicial remedies was unduly burdensome and inconsistent with federal policy.
• Romie Vetters, Jr. v. Berry
  575 F.2d 90· 6th Cir.· 1978-04-14 ·cited 10×
  The jury's verdicts finding defendants violated plaintiff's civil rights and awarding compensatory and punitive damages are supported by substantial evidence.
• Wilson v. Zarhadnick
  534 F.2d 55· 5th Cir.· 1976-06-28 ·cited 10×·via § 1983 Suit
  A district court cannot grant class action injunctive relief on an individual complaint when class relief is not sought and no basis for it is established. A non-indigent inmate is not constitutionally entitled to state-provided legal research materials.
• Sanders v. McCRADY
  537 F.2d 1199· 4th Cir.· 1976-05-24 ·cited 10×·via 42 U.S.C. § 1983 Action
  A claimant must exhaust federal administrative remedies before seeking judicial review, even if the claim involves a state officer and seeks damages not available administratively.
• Wardwell v. The Bd. OF Educ. OF the City Sch. Dist. OF the City OF Cincinnati
  529 F.2d 625· 6th Cir.· 1976-02-11 ·cited 10×
  A continuing employee residency requirement for teachers, affecting at most intrastate travel, is constitutional if it meets the rational basis test.
• Masia A. Mukmuk v. Comm'r OF the Dep't OF Corr. Servs.
  529 F.2d 272· 2d Cir.· 1976-01-13 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff alleged triable issues of fact regarding constitutional violations, thus defeating summary judgment, but affirmed the denial of leave to file a further amended complaint.
• Colton v. Swain
  527 F.2d 296· 7th Cir.· 1975-12-17 ·cited 10×
  A liability insurer's refusal to defend its insured, even with a no-action clause, estops the insurer from asserting that clause to bar a third-party action to determine coverage before a judgment against the insured. Furthermore, a § 1983 claim can be covered by a policy if its
• Shack v. Southworth
  521 F.2d 51· 6th Cir.· 1975-07-28 ·cited 10×
  The court should have considered the employer's asserted justification for not hiring the applicant in rebuttal of the prima facie case.
• Anonymous J. and Anonymous R. v. The BAR Ass'n OF Erie Cnty. & John B. Walsh
  515 F.2d 435· 2d Cir.· 1975-04-03 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that a federal civil rights action under 42 U.S.C. § 1983 is not exempt from the Younger abstention doctrine.
• Mitchell v. W. Feliciana Parish Sch. Bd.
  507 F.2d 662· 5th Cir.· 1975-01-30 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the school board acted in good faith under erroneous court orders and that plaintiffs were not entitled to reinstatement or other remedies.
• Greater Baton Rouge Golf Ass'n v. Rec. & Park Comm'n FOR the Parish OF E. Baton Rouge
  507 F.2d 227· 5th Cir.· 1975-01-23 ·cited 10×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that dismissal with prejudice was too harsh a remedy for counsel's unintentional tardiness, and the denial of the Rule 60(b) motion should be reversed.
• Patterson v. Ellis C. MacDOUGALL
  506 F.2d 1· 5th Cir.· 1975-01-08 ·cited 10×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the district court erred in dismissing the pro se complaint sua sponte, as it stated a claim for relief under 42 U.S.C. § 1983 and that dismissal for failure to join an indispensable party under Rule 19(b) was improper.
• Junior Chamber OF Commerce OF Kan. City v. The Mo. State Junior Chamber OF Commerce
  508 F.2d 1031· 8th Cir.· 1975-01-08 ·cited 10×
  The court held that the federal government's substantial financing of the Jaycees' leadership development programs, which exclude women, creates a sufficient nexus to the discriminatory conduct to potentially violate the Fourteenth Amendment.
• Vance v. Chester Cnty. Bd. OF Sch. Trs.
  504 F.2d 820· 4th Cir.· 1974-10-02 ·cited 10×
  The court held that the school board's procedures for non-renewal of a teacher's contract, including oral notice and a post-decision hearing, satisfied due process requirements under the circumstances.
• The Reverend Temperance E. Wright v. State
  495 F.2d 1086· 5th Cir.· 1974-06-13 ·cited 10×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the district court had jurisdiction over the plaintiff's claims for damages under the Fourth Amendment and 18 U.S.C. § 2520, and that the claims should not have been dismissed without an opportunity to prove them. The court also noted that equitable relief cla
• John v. Hurt
  489 F.2d 786· 7th Cir.· 1973-11-16 ·cited 10×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Public defenders are immune from liability for damages for acts performed within the scope of their official duties, even if those acts constitute gross errors of judgment.
• Robinson v. Jefferson Cnty. Bd. OF Educ.
  485 F.2d 1381· 5th Cir.· 1973-10-23 ·cited 10×·via § 1983 Suit
  A non-tenured teacher does not have a constitutionally protected property interest in continued employment absent a statute or contract requiring cause for dismissal. The school board's decision not to renew the contract was not a violation of constitutional rights.
• Slate v. McFETRIDGE
  484 F.2d 1169· 7th Cir.· 1973-08-30 ·cited 10×
  The court held that it was error to deny plaintiffs' motion for a directed verdict on their due process claim, as the defendants failed to provide prompt administrative action on their permit application.