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

• Spaulding v. Univ. OF Wash.
  676 F.2d 1232· 9th Cir.· 1982-04-13 ·cited 8×
  The University of Washington should be held liable for the cost of the transcript because it represented that reimbursement would be available if the appellants prevailed on their interlocutory appeal.
• Spears v. Chandler
  672 F.2d 834· 11th Cir.· 1982-04-05 ·cited 8×·via 42 U.S.C. § 1983 Action
  The district court's dismissal of the prisoner's action for want of prosecution was erroneous because it was based on an incorrect ruling that the court lacked authority to issue a writ of habeas corpus ad testificandum.
• Heritage Homes OF Attleboro, Inc. v. The Seekonk Water Dist.
  670 F.2d 1· 1st Cir.· 1982-01-25 ·cited 8×
  A municipality is immune from punitive damages under 42 U.S.C. § 1981, just as it is under § 1983, because imposing such damages does not serve the purposes of punishment or deterrence and would unfairly burden blameless taxpayers.
• Wright v. Dallas Cnty. Sheriff Dep't
  660 F.2d 623· 5th Cir.· 1981-11-05 ·cited 8×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the record was inadequate to determine if the district court abused its discretion in dismissing the case with prejudice or in refusing to appoint counsel.
• Moss v. State OF Ga.
  655 F.2d 668· 5th Cir.· 1981-09-11 ·cited 8×·via 42 U.S.C. § 1983 Action
  Federal courts are barred by the Tax Injunction Act from hearing suits challenging state ad valorem taxes if a plain, speedy, and efficient state remedy exists.
• Atencio v. Bd. OF Educ. OF Penasco Indep. Sch. Dist. NO. 4
  658 F.2d 774· 10th Cir.· 1981-09-08 ·cited 8×
  A breach of state procedural requirements, even if creating a property interest, does not automatically constitute a federal constitutional violation under the Due Process Clause if adequate state remedies exist.
• Franklin v. Webb
  653 F.2d 362· 8th Cir.· 1981-07-16 ·cited 8×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that while a prisoner must exhaust state remedies for claims challenging the fact or duration of confinement, a claim for damages under section 1983 is not subject to the same exhaustion requirement and may be subject to a statute of limitations issue.
• Cent. Ave. News, Inc. v. The City OF Minot
  651 F.2d 565· 8th Cir.· 1981-06-09 ·cited 8×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the district court correctly applied the Younger abstention doctrine, dismissing the federal complaint without prejudice because the appellant could raise its constitutional claims in the pending state court enforcement proceeding.
• Madalyn Murray O'Hair & Soc'y of Separationists, Inc. v. Hill
  641 F.2d 307· 5th Cir.· 1981-04-02 ·cited 8×
  The court held that Pullman abstention was inappropriate for claims concerning the exclusion of atheists from holding judicial office in Texas, and that O'Hair had no adequate remedy at law in Texas courts.
• Olson v. Klecker
  642 F.2d 1115· 8th Cir.· 1981-03-11 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the inmate's cell search was constitutional and affirmed the district court's dismissal of his claims.
• Brucar v. Ira Rubin
  638 F.2d 987· 7th Cir.· 1980-12-10 ·cited 8×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the allegations of conspiracy between private parties and a state judge were sufficiently specific to state a claim for state action under 42 U.S.C. § 1983, reversing the dismissal.
• Sadegh Shamloo v. Miss. State Bd. OF Trs. OF Insts. OF Higher Learning
  620 F.2d 516· 5th Cir.· 1980-07-02 ·cited 8×
  University regulations that restrict student demonstrations to 'activities of a wholesome nature' are unconstitutionally vague and an impermissible content-based restriction on speech, violating the First Amendment.
• State OF Mo. ex rel. Minnie E. T. Gore v. R. Dean Wochner, M.D.
  620 F.2d 183· 8th Cir.· 1980-04-15 ·cited 8×·via 42 U.S.C. § 1983 Violations
  The court held that violations of state law or city regulations, without infringement of federally protected rights, do not state a claim under 42 U.S.C. § 1983.
• Martinez v. Rosado
  614 F.2d 829· 2d Cir.· 1980-01-23 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the inmate's verified complaint sufficiently controverted the defendants' affidavits to raise triable issues of fact regarding an alleged beating by a prison guard, precluding summary judgment.
• Nadhum Shashoua, M.D. v. Quern
  612 F.2d 282· 7th Cir.· 1979-11-16 ·cited 8×
  The court held that the district court properly dismissed the complaint and denied leave to amend because the claims against the State were barred by the Eleventh Amendment or moot, and the claims against the individual defendant lacked allegations of personal involvement.
• Greene v. City OF Memphis
  610 F.2d 395· 6th Cir.· 1979-11-01 ·cited 8×
  The court held that a municipality's exercise of police powers to close a street, absent racial motivation, does not violate 42 U.S.C. § 1982 or the Fourteenth Amendment, even if it has a disproportionate racial impact.
• Silvia v. Laurie
  594 F.2d 892· 1st Cir.· 1979-03-21 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that an untimely appeal must be dismissed, as timely filing is a jurisdictional prerequisite.
• Huber Pontiac, Inc. v. Whitler
  585 F.2d 817· 7th Cir.· 1978-09-19 ·cited 8×·via Violation Of Due Process Rights Under 42 U.S.C. § 1983
  The federal court lacked jurisdiction under the Tax Injunction Act to enjoin state tax assessment procedures, as a plain, speedy, and efficient remedy was available in state courts.
• Hubert Richard Lewis alias Charles Stanley v. Bragan
  576 F.2d 678· 5th Cir.· 1978-07-17 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in dismissing the pro se prisoner's complaint without requiring an answer or evidentiary hearing.
• Clare C. Hodge, M.D. v. Paoli Mem'l Hosp.
  576 F.2d 563· 3d Cir.· 1978-05-30 ·cited 8×
  Receipt of Hill-Burton funds, tax exemption, and licensing do not constitute state action for a § 1983 claim.
• Public Citizen v. Comm'n ON Med. Discipline OF Md.
  573 F.2d 863· 4th Cir.· 1978-03-29 ·cited 8×
  The court held that the district court did not err in abstaining from deciding the case, allowing Maryland courts to first interpret the state's advertising regulations for physicians.
• Ahrens v. Sheriff Thomas J. Thomas
  570 F.2d 286· 8th Cir.· 1978-02-17 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that while the district court properly mandated constitutional standards for the existing jail, it impermissibly intruded into state prison administration by prescribing specific construction standards for a new jail and retaining jurisdiction over its construction
• Fuller v. Laurens Cnty. Sch. Dist. NO. 56
  563 F.2d 137· 4th Cir.· 1977-10-14 ·cited 8×
  The teachers were entitled to a due process hearing based on established school policy and their long-term employment, and are entitled to back pay.
• Franklin v. Atkins
  562 F.2d 1188· 10th Cir.· 1977-06-20 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff failed to meet the burden of proving that constitutionally protected conduct was a substantial or motivating factor in the Regents' decision not to hire him, and that the Regents would have made the same decision even in the absence of any imperm
• G. H. McSHANE Co. v. McFADDEN
  554 F.2d 111· 3d Cir.· 1977-04-26 ·cited 8×·via 42 U.S.C. § 1983 Claim For Damages
  A party cannot recover damages under 42 U.S.C. § 1983 for utilizing a state foreign attachment procedure that was later declared unconstitutional, if the procedure was presumptively constitutional at the time of use and had not yet been expressly overturned.
• COX v. N. Va. Transp. Comm'n
  551 F.2d 555· 4th Cir.· 1976-11-04 ·cited 8×
  The court held that discharging a public employee based on public accusations of dishonesty or immorality without providing a name-clearing hearing violates the Due Process Clause of the Fourteenth Amendment.
• Seymour F. X. [Cotton v. Hutto
  540 F.2d 412· 8th Cir.· 1976-08-27 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the district court's dismissal of most prisoner complaints was appropriate, but the dismissal of one prisoner's claim regarding a hernia and subsequent medical treatment was inappropriate and should be remanded.
• United States Labor Party v. Codd
  527 F.2d 118· 2d Cir.· 1975-12-09 ·cited 8×
  A five-dollar fee for a daily permit to use sound amplification devices is constitutional if it is a reasonable regulatory measure to cover administrative costs and there is no proof of indigence preventing payment.
• Golden v. Biscayne BAY Yacht Club
  521 F.2d 344· 5th Cir.· 1975-09-26 ·cited 8×
• Burbank v. Twomey
  520 F.2d 744· 7th Cir.· 1975-08-08 ·cited 8×
  The court held that the prisoner's claims for declaratory and injunctive relief were moot due to the adoption of a new prison regulation that provided the relief sought. The court also held that the prisoner was not entitled to attorney fees.
• Ill. Migrant Council & Roy Villareal v. Campbell Soup Co.
  519 F.2d 391· 7th Cir.· 1975-06-26 ·cited 8×
  The court held that the plaintiffs' complaint sufficiently alleged state action under 42 U.S.C. § 1983 by describing the defendant's residential community as a 'company town' functionally equivalent to a municipality.
• R. E. Cruise v. Bruggeman
  508 F.2d 415· 6th Cir.· 1975-01-10 ·cited 8×
  Summary judgment was appropriate because the plaintiffs failed to respond to the defendants' supporting affidavits, leaving the facts stated therein uncontroverted.
• Collins v. Wolfson
  498 F.2d 1100· 5th Cir.· 1974-08-09 ·cited 8×
  The court held that claims of non-tenured instructors alleging arbitrary nonrenewal criteria are not actionable under § 1983, but a tenured instructor alleging termination without proper process stated a claim.
• Redfearn v. Del. Republican State Comm.
  502 F.2d 1123· 3d Cir.· 1974-07-29 ·cited 8×
  A three-judge court is necessary when a statewide political party rule, which is intertwined with the state's election process, is challenged with a request for injunctive relief.
• Watson v. Kenlick Coal Co., Inc.
  498 F.2d 1183· 6th Cir.· 1974-06-21 ·cited 8×
  The court held that the Watsons' claim of constitutional deprivation under 42 U.S.C. § 1983 failed because there was neither a constitutional deprivation nor state action. The interpretation of a 'broad form' deed under Kentucky property law did not violate due process or constit
• Agee v. Hickman
  490 F.2d 210· 8th Cir.· 1974-01-31 ·cited 8×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the trial court's finding that the force used by the deputy sheriffs was reasonable and necessary to effect the arrest was not clearly erroneous.
• Freitag v. Carter
  489 F.2d 1377· 7th Cir.· 1973-12-10 ·cited 8×
  The court held that the Commissioner's denial of a chauffeur's license without adequate notice and hearing violated due process, and that while the City of Chicago was improperly sued under § 1983, the Commissioner was liable for stipulated damages.
• Polk v. The State BAR OF Tex.
  480 F.2d 998· 5th Cir.· 1973-06-20 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in dismissing the § 1983 action based on the Younger doctrine, as the administrative reprimand by the Grievance Committee was not an integral part of Texas's criminal law enforcement.
• Rhodes v. Bureau OF Prisons
  477 F.2d 347· 5th Cir.· 1973-04-27 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that while the claim for injunctive relief was moot, the prisoner's claim for damages under 42 U.S.C. § 1983 failed as a matter of law.
• Lehman v. The City OF Pittsburgh
  474 F.2d 21· 3d Cir.· 1973-02-21 ·cited 8×
  The court held that municipalities and their agencies are not 'persons' under 42 U.S.C. § 1983, but individual officials are. The equal protection claim regarding the durational residency ordinance requires further consideration.
• Thomas C. Knarr & the Griffith Fed'n of Teachers v. The Bd. OF Sch. Trs. OF Griffith
  452 F.2d 649· 7th Cir.· 1971-10-04 ·cited 8×
  The court held that the plaintiff failed to prove his teaching contract was not renewed due to anti-union bias, and the school board's decision was based on his performance.
• Cruz v. Beto
  445 F.2d 801· 5th Cir.· 1971-07-15 ·cited 8×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The appellate court affirmed the dismissal, finding the inmate failed to demonstrate error in the lower court's ruling.
• Livingston v. Garmire
  437 F.2d 1050· 5th Cir.· 1971-01-22 ·cited 8×·via § 1983
  The court held that subsections (a) and (f) of the Miami disorderly conduct ordinance were unconstitutional on their face due to vagueness and overbreadth, and thus affirmed the district court's judgment.
• Abernathy v. Conroy
  429 F.2d 1170· 4th Cir.· 1970-07-21 ·cited 8×
  The court held that Charleston's ordinance prohibiting parades after 8 p.m. is facially constitutional, and the South Carolina common law definition of riot is also constitutional.
• Elmwood Props., Inc. v. Murray Conzelman
  418 F.2d 1025· 7th Cir.· 1969-11-26 ·cited 8×
  The court held that the plaintiffs failed to state a claim under the Civil Rights Act because they did not demonstrate purposeful discrimination or a deprivation of constitutional rights, and available state remedies were not exhausted.
• Ashton Jones v. Bd. OF Regents OF the Univ. & State Colleges OF Ariz.
  397 F.2d 259· 9th Cir.· 1968-06-13 ·cited 8×
  The court held that the district court did not abuse its discretion in denying the appellant's prayer for a preliminary injunction.
• Bradford v. Sch. Dist. NO. 20
  364 F.2d 185· 4th Cir.· 1966-06-06 ·cited 8×
  The court held that the plaintiff failed to state a claim for equitable relief, as he did not demonstrate genuine issues of fact regarding his due process or equal protection claims and did not pursue available state remedies.
• Bailey v. Swindell
  89 F.4th 1324· 11th Cir.· 2024-01-08 ·cited 7×·via Section 1983
  The Eleventh Circuit held that the district court erred in granting judgment as a matter of law for the defendant officer on qualified immunity grounds, reversing the decision and reinstating the jury's verdict.
• Sosa v. Martin Cnty.
  57 F.4th 1297· 11th Cir.· 2023-01-20 ·cited 7×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  David Sosa, an innocent man arrested twice on the same warrant intended for another David Sosa, sued under 42 U.S.C. § 1983 after being detained for three days in the second arrest based on mistaken identity. The Eleventh Circuit held that under the Supreme Court's precedent in B
• Stanley v. Broward Cnty. Sheriff
  843 F.3d 920· 11th Cir.· 2016-12-14 ·cited 7×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Jeffrey Stanley, a former Broward County Sheriff's Office deputy, sued Sheriff Scott Israel under 42 U.S.C. § 1983 alleging that he was denied rehire due to his political support for Israel's predecessor's political opponent, violating his First Amendment rights. The district cou