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

• Rainey v. Jackson State Coll.
  481 F.2d 347· 5th Cir.· 1973-06-27 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the College's refusal to hire Dr. Rainey for the 1970-71 and 1971 summer terms was based on constitutionally impermissible reasons, requiring separate consideration.
• Rider v. Bd. OF Educ. OF Indep. Sch. Dist. NO. 1
  480 F.2d 693· 10th Cir.· 1973-05-25 ·cited 10×
  The court held that a school's hair regulation, which prohibited long braided hair, did not violate students' constitutional rights, as it was rationally related to a legitimate state objective of maintaining school discipline and spirit.
• Simmons v. Jones
  478 F.2d 321· 5th Cir.· 1973-05-14 ·cited 10×
  The court held that the federal district court improperly intervened in the state's jury selection process and should have abstained or dismissed the case for failure to state a claim.
• Goldie Ann Betts v. Bd. OF Educ. OF the City OF Chicago
  466 F.2d 629· 7th Cir.· 1972-08-25 ·cited 10×·via Section 1983
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, as the plaintiff failed to show a reasonable probability of success on the merits of her due process or state statutory claims.
• Spence v. Bailey
  465 F.2d 797· 6th Cir.· 1972-08-08 ·cited 10×
  The court held that requiring a student to participate in R.O.T.C. against his sincere religious beliefs, when no compelling state interest exists, violates the Free Exercise Clause of the First Amendment.
• Adams v. Miami Police Benevolent Ass'n, Inc.
  454 F.2d 1315· 5th Cir.· 1972-02-02 ·cited 10×
  The court held that the Miami Police Benevolent Association, by barring black officers from membership, acted under color of law and deprived them of equal protection, justifying equitable relief.
• McCABE v. Nassau Cnty. Med. Ctr.
  453 F.2d 698· 2d Cir.· 1971-12-23 ·cited 10×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
• Kinney v. Harlow F. Lenon
  447 F.2d 596· 9th Cir.· 1971-08-13 ·cited 10×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that federal courts should not enjoin state court proceedings, even for juveniles, due to principles of comity and federalism, and that a claim for a declaratory judgment is also subject to these equitable principles.
• Rainey v. Jackson State Coll.
  435 F.2d 1031· 5th Cir.· 1970-12-22 ·cited 10×
  The court held that the district court erred in dismissing the action for lack of jurisdiction, as the complaint stated a claim under 42 U.S.C. § 1983 for denial of employment based on First Amendment retaliation.
• Otto v. Hon. Frank R. Somers
  332 F.2d 697· 6th Cir.· 1964-06-05 ·cited 10×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the district court correctly dismissed the taxpayer's complaint for lack of federal jurisdiction, as no civil rights violations under the Fourteenth Amendment were demonstrated.
• Bernhard Rosee v. The Bd. OF Trade OF the City OF Chicago
  311 F.2d 524· 7th Cir.· 1963-01-02 ·cited 10×
  The court held that the plaintiff failed to establish federal jurisdiction because the Chicago Board of Trade's disciplinary proceedings were private actions, not state actions, and the Commodity Exchange Act does not provide for civil enforcement of rights related to such procee
• Monroe v. Pape
  272 F.2d 365· 7th Cir.· 1959-11-23 ·cited 10×
  The court held that the alleged misconduct of city police officers, even if true, does not state a claim under the Federal Civil Rights Act for which relief can be granted.
• DeMarcus v. Univ. of S. Ala.
  133 F.4th 1305· 11th Cir.· 2025-04-10 ·cited 9×·via 42 U.S.C. § 1983 Violations
  The court held that the players' allegations did not establish violations of Title IX or 42 U.S.C. § 1983, affirming the district court's dismissal.
• Iwoinakee Gebray Harris-Billups v. Milele Anderson
  61 F.4th 1298· 11th Cir.· 2023-03-13 ·cited 9×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officer's use of deadly force was objectively reasonable under the Fourth Amendment, entitling her to qualified immunity.
• Burgess v. N. Broward Hosp. Dist.
  126 So. 3d 430· Fla. 4th DCA· 2013-11-13 ·cited 9×
  Shirley Burgess, representing her deceased husband's estate, appealed the dismissal of her 42 U.S.C. § 1983 claim for denial of access to courts against a hospital and neurosurgeon. The court affirmed the dismissal, holding that Burgess failed to allege sufficient facts demonstra
• Florida Democratic Party v. Hood
  342 F. Supp. 2d 1073· N.D. Fla.· 2004-10-21 ·cited 9×
  Federal law mandates allowing voters to cast provisional ballots even if at the wrong polling place, but does not require counting such ballots if cast at the incorrect precinct.
• Allocco v. City of Coral Gables
  221 F. Supp. 2d 1317· S.D. Fla.· 2002-08-23 ·cited 9×
  The court granted summary judgment for the defendants, finding no misrepresentation or deprivation of constitutional rights.
• Geidel v. City of Bradenton Beach
  56 F. Supp. 2d 1359· M.D. Fla.· 1999-06-09 ·cited 9×
  The court granted in part and denied in part the defendants' motions to dismiss, finding that while some claims against individual officers were sufficiently pleaded, others against the City and official capacities were not.
• Showers v. City of Bartow
  978 F. Supp. 1464· M.D. Fla.· 1997-09-24 ·cited 9×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the plaintiff failed to state sufficient factual allegations to support claims under Title VII, § 1981, and § 1983, and also failed to exhaust administrative remedies for the Title VII claim, but denied dismissal for lack of jurisdiction over the state law cla
• Garner Gregory v. The City OF Rogers
  974 F.2d 1006· 8th Cir.· 1992-09-09 ·cited 9×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiffs presented sufficient evidence to withstand summary judgment, as a reasonable factfinder could conclude officers knew of the passengers' intoxication and the driver's designated status.
• Cookish v. Commissioner Ronald Powell
  945 F.2d 441· 1st Cir.· 1991-09-26 ·cited 9×·via 42 U.S.C. § 1983 Claim For Violation Of Fourth Amendment Rights
  The court held that prison officials are entitled to qualified immunity because it was objectively reasonable for them to believe their conduct was lawful, even if the underlying Fourth Amendment claim might have merit.
• Cordero v. De Jesus-Mendez
  922 F.2d 11· 1st Cir.· 1990-12-18 ·cited 9×·via 42 U.S.C. § 1983 Action
  Postjudgment interest accrues from the date of the judgment entered after a retrial ordered due to insufficient evidence, not from the date of the original vacated judgment.
• Streetman v. Lt. Gary Jordan
  918 F.2d 555· 5th Cir.· 1990-12-07 ·cited 9×·via 42 U.S.C. § 1983 Action
  The court held that the appellant failed to meet the heightened pleading standards required to overcome the qualified immunity defense, thus the district court properly granted summary judgment.
• von Clark v. Butler
  916 F.2d 255· 5th Cir.· 1990-11-01 ·cited 9×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court affirmed the district court's attorney fee award, finding no abuse of discretion in the determination of the hourly rate or the number of hours compensated.
• Keene Corp. v. Judge J.E. Cass
  908 F.2d 293· 8th Cir.· 1990-07-09 ·cited 9×·via 42 U.S.C. § 1983 Action
  The court held that federal courts lack subject matter jurisdiction to review state court orders when the federal claims are inextricably intertwined with the state court's rulings, and that attorney fees under 42 U.S.C. § 1988 cannot be awarded when a case is dismissed for lack
• Ruge v. City OF Bellevue
  892 F.2d 738· 8th Cir.· 1989-12-26 ·cited 9×
  The court held that a complaint alleging a city's deliberate policy of not shoring ditches, leading to an employee's death, sufficiently states a claim under 42 U.S.C. § 1983 to survive a motion to dismiss.
• Reich v. Beharry
  883 F.2d 239· 3d Cir.· 1989-08-24 ·cited 9×
  The court held that a claim for delayed payment of professional services, even if stemming from a contract with a government entity, does not implicate substantive due process, and adequate state remedies exist for procedural due process claims.
• Miller v. Lovett
  879 F.2d 1066· 2d Cir.· 1989-07-17 ·cited 9×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court erred in instructing the jury on excessive force using an outdated subjective standard and in dismissing the state-law claims.
• Learned v. City OF Bellevue
  860 F.2d 928· 9th Cir.· 1988-11-03 ·cited 9×
  Summary judgment for the employer was proper because the employee failed to produce evidence supporting claims under Title VII or the Fourteenth Amendment, and Title VII violations cannot form the basis of Section 1983 claims.
• DEL A. v. Edwards
  855 F.2d 1148· 5th Cir.· 1988-09-28 ·cited 9×·via Section 1983
  The dissent argues that the court should have considered the legal sufficiency of the plaintiffs' claims, concluding that no federal cause of action exists for damages against state officials under the Adoption Assistance Act.
• Hicks v. Feeney
  850 F.2d 152· 3d Cir.· 1988-06-22 ·cited 9×
  The court held that dismissal was an excessive sanction, and an order precluding the plaintiff from establishing actual and punitive damages would have been more appropriate.
• Geter v. Wille
  846 F.2d 1352· 11th Cir.· 1988-06-14 ·cited 9×·via 42 U.S.C. § 1983 Action
  Supervisory officials cannot be held liable under 42 U.S.C. § 1983 for the acts of their subordinates solely on the basis of respondeat superior or the mere right to control without evidence of personal participation or a policy/custom causing the injury.
• Murphy v. Mo. Dep't OF Corr.
  814 F.2d 1252· 8th Cir.· 1987-03-19 ·cited 9×
  A total ban on inmate mail from an organization, even one espousing white supremacy, is an unconstitutional restriction on free speech and religious exercise if less restrictive means are available to ensure prison security. Furthermore, the failure to follow established procedur
• Majette v. O'Connor
  811 F.2d 1416· 11th Cir.· 1987-03-06 ·cited 9×·via 42 U.S.C. § 1983 Action
  A state's notice of claim statute, like Fla. Stat. § 768.28(6), cannot be applied to bar a federal civil rights action under 42 U.S.C. § 1983, as it constitutes an impermissible exhaustion of administrative remedies.
• Thompson v. Olson
  798 F.2d 552· 1st Cir.· 1986-08-19 ·cited 9×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  A police officer's initial finding of probable cause justifies arrest and continued detention until a magistrate decides otherwise; negligence does not rise to the level of a constitutional violation under § 1983.
• Gordon v. Norman
  788 F.2d 1194· 6th Cir.· 1986-04-23 ·cited 9×·via 42 U.S.C. § 1983 Action
  The court held that the defendants failed to demonstrate prejudice from their attorney's alleged conflict of interest and that federal law governs the award of punitive damages, not state law regarding financial condition evidence.
• Thompkins v. Stuttgart Sch. Dist. #22
  787 F.2d 439· 8th Cir.· 1986-03-31 ·cited 9×
  A state legislature cannot limit the pendent jurisdiction of federal courts, and the district court erred in dismissing the state law claim based on a state statute purporting to grant exclusive jurisdiction to state courts.
• Sabet v. E. Va. Med. Auth.
  775 F.2d 1266· 4th Cir.· 1985-11-04 ·cited 9×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  A unilateral understanding of tenure policy, contrary to an employer's explicit written policy, does not create a property interest protected by the Due Process Clause. Furthermore, silence does not constitute fraud absent a duty to disclose.
• Isiah Carl Green v. McKASKLE
  770 F.2d 445· 5th Cir.· 1985-08-26 ·cited 9×·via 42 U.S.C. § 1983 Action
• Charles J. Arndt, Inc. v. City OF Birmingham
  748 F.2d 1486· 11th Cir.· 1984-12-17 ·cited 9×
  The court held that the city's declaration of blight and subsequent actions, including the negotiation of an option to terminate a leasehold interest, did not constitute a taking of property without due process of law under the Fifth and Fourteenth Amendments.
• Bluefield Cmty. Hosp., Inc. v. John A. Anziulewicz, M.D.
  737 F.2d 405· 4th Cir.· 1984-06-18 ·cited 9×
  The court held that the district court did not err in refusing to enjoin the state court action under the Anti-Injunction Statute because the claims in the state action were not sufficiently identical to those litigated in federal court to warrant enjoining relitigation.
• Ammons v. Baldwin
  705 F.2d 1445· 5th Cir.· 1983-05-31 ·cited 9×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that while a judge's threat of physical harm is not protected by judicial immunity, the plaintiff's claim failed because the alleged threat did not rise to the level of injury required for federal jurisdiction.
• Dowdell v. City of Apopka
  511 F. Supp. 1375· M.D. Fla.· 1981-04-22 ·cited 9×
  The court held that the City of Apopka violated the Fourteenth Amendment by providing inferior street paving, storm water drainage, and water distribution services to its black residents, based on findings of substantial disparity and discriminatory intent.
• Gasper v. La. Stadium & Exposition Dist.
  577 F.2d 897· 5th Cir.· 1978-08-01 ·cited 9×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that there is no constitutional right to prevent others from smoking in a public stadium, and thus the complaint failed to state a claim upon which relief could be granted.
• Houston Welf. Rights Org., Inc. v. Vowell
  555 F.2d 1219· 5th Cir.· 1977-07-13 ·cited 9×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that Texas' policy of prorating shelter and utility expenses when a non-AFDC recipient shares a residence violates federal regulations, and this violation tainted the averaging process for its flat-grant system, requiring recalculation of the standard of need.
• Bryan v. Jones
  519 F.2d 44· 5th Cir.· 1975-09-15 ·cited 9×·via 42 U.S.C. § 1983 Action
• Moore v. Kusper
  465 F.2d 256· 7th Cir.· 1972-07-18 ·cited 9×
  The court held that abstention was appropriate for certain issues, but not for the alleged failure to comply with statutory notice procedures.
• Napolitano v. Hon. Daniel P. Ward
  457 F.2d 279· 7th Cir.· 1972-03-21 ·cited 9×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the transactional immunity granted to the appellant by the State of Illinois was coextensive with his Fifth Amendment privilege against self-incrimination, and his removal from office did not constitute a penal aspect of criminal proceedings.
• Nat. Aacp v. Fla. Corr.
  122 F. Supp. 2d 1335· M.D. Fla.· 2000-09-21 ·cited 8×·via Section 1983
  The court affirmed the magistrate judge's order allowing plaintiffs to conduct ex parte interviews of current and former employees of the Department of Corrections, subject to specific guidelines and protective measures.
• McGORY v. Metcalf
  665 So. 2d 254· Fla. 2d DCA· 1995-11-03 ·cited 8×
  Officer Timothy McGory shot and killed Karl Metcalf during a nighttime encounter in an alley after being informed of an armed assault. The court reversed the denial of McGory's summary judgment motion on qualified immunity grounds, holding that under the undisputed facts, any rea