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

• Thompson v. Bd. OF Educ. OF the Romeo Cmty. Schs.
  709 F.2d 1200· 6th Cir.· 1983-06-23 ·cited 6×
  The court held that a defendant class cannot be certified under Rule 23(b)(2) when the defendants are numerous independent entities with varying policies, and that a plaintiff class lacks standing to sue defendants against whom they have no direct cause of action.
• Gordon v. Warren Consol. Bd. OF Educ.
  706 F.2d 778· 6th Cir.· 1983-05-20 ·cited 6×
  The court held that allegations of a subjective chilling of First Amendment rights due to a covert police operation, without specific present objective harm or threat of future harm, do not constitute a justiciable controversy.
• Adams v. McDOUGAL
  695 F.2d 104· 5th Cir.· 1983-01-10 ·cited 6×
  The court held that a deputy sheriff's status as an appointee does not preclude a claim under 42 U.S.C. § 1981 for racial discrimination in employment, and that the trial court erred in not applying the proper legal standards to the rehiring claim.
• Bailey M. Smith v. The City OF Okla. City
  696 F.2d 784· 10th Cir.· 1983-01-05 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that an arrest warrant based on computer data showing current vehicle ownership, without confirming ownership at the time of the parking violations, violates the Fourth Amendment's probable cause requirement.
• Smith v. Iron Cnty.
  692 F.2d 685· 10th Cir.· 1982-10-18 ·cited 6×
  The court held that the jailer's use of mace on a pretrial detainee, under the circumstances presented, did not violate the detainee's constitutional rights.
• Glynn v. Auger
  678 F.2d 760· 8th Cir.· 1982-05-25 ·cited 6×
  The court held that the double-celling policy did not violate the ex post facto clause or the Eighth Amendment, and that the harassment claim was properly dismissed.
• Stenseth v. Greater Fort Worth & Tarrant Cnty. Cmty. Action Agency
  673 F.2d 842· 5th Cir.· 1982-04-22 ·cited 6×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the district court erred in awarding attorney's fees against the plaintiff, as her claims were not frivolous at the time of trial. However, the court affirmed the district court's finding that the plaintiff did not establish a valid claim under 42 U.S.C. § 198
• Occhino v. Nw. Bell Tel. Co.
  675 F.2d 220· 8th Cir.· 1982-04-14 ·cited 6×
  The court affirmed the district court's grant of summary judgment, holding that the telephone company's termination of service for abusive calls did not constitute state action under § 1983 and that the plaintiff had no constitutional right to telephone service or due process bef
• Hummer v. Dalton
  657 F.2d 621· 4th Cir.· 1981-08-26 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the district court's procedural errors in granting summary judgment did not prejudice the plaintiff, and his claims lacked merit.
• Moreno v. Univ. OF Md.
  645 F.2d 217· 4th Cir.· 1981-03-26 ·cited 6×
  The University's "In-State" status policy denied due process and equal protection to G-4 visa holders, and its agreement to pay tuition refunds constituted a waiver of Eleventh Amendment immunity.
• Powell v. Levit
  640 F.2d 239· 9th Cir.· 1981-02-19 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the admission of evidence of the plaintiff's prior juvenile adjudication and a sixteen-year-old criminal conviction was prejudicial error.
• Luella Holmes and Elizabeth Y. Thomas v. Finney
  631 F.2d 150· 10th Cir.· 1980-09-12 ·cited 6×
  The court held that the mere surreptitious taping of a conversation by a party to it, without more, does not violate any federally protected right actionable under 42 U.S.C. §§ 1981, 1983, or 1985(3).
• Saladino v. Winkler
  609 F.2d 1211· 7th Cir.· 1979-10-29 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the admission of evidence regarding the plaintiff's relationship with a witness, prior inconsistent statements, intoxication, and awareness of unlawful conduct was proper and did not deprive the plaintiff of a fair trial.
• Harris v. Wilters
  596 F.2d 678· 5th Cir.· 1979-06-08 ·cited 6×·via 42 U.S.C. § 1983 Action
  The trial court did not abuse its discretion in denying appellant's motion for a mandatory preliminary injunction to fund his state coram nobis proceeding.
• Athas v. The United States
  597 F.2d 722· Ct. Cl.· 1979-04-18 ·cited 6×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the Government's failure to apprise plaintiffs of their right to appeal adverse personnel actions, in violation of agency regulations, rendered the actions void and waived the requirement to exhaust administrative remedies.
• Studen v. Beebe
  588 F.2d 560· 6th Cir.· 1978-12-11 ·cited 6×
  The court held that the plaintiffs failed to demonstrate a deprivation of federally protected civil rights under 42 U.S.C. §§ 1983 and 1985, and that the zoning dispute was a matter for state courts.
• Hurst v. Phelps
  579 F.2d 940· 5th Cir.· 1978-09-08 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the procedure used to dismiss the inmate's § 1983 action, which relied on ex parte administrative reports without allowing responsive pleadings, was improper.
• Pence v. Rosenquist
  573 F.2d 395· 7th Cir.· 1978-02-02 ·cited 6×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the employer's inconsistent actions regarding the plaintiff's appearance were arbitrary and thus a deprivation of liberty.
• Lanceda Richardson v. The Pa. Dep't OF Health
  561 F.2d 489· 3d Cir.· 1977-08-16 ·cited 6×
  The court held that a plaintiff alleging discriminatory employment practices under the Fourteenth Amendment and 42 U.S.C. § 1983 must prove discriminatory intent, but allegations of knowledge of discriminatory impact and bad faith may be sufficient to survive a motion to dismiss.
• Friedman v. Beame
  558 F.2d 1107· 2d Cir.· 1977-07-21 ·cited 6×
  The court held that the City of New York's parking regulations were not an unlawful delegation of legislative authority and did not violate the Fourteenth Amendment, affirming the district court's dismissal.
• Wright v. Chief OF Transit Police
  558 F.2d 67· 2d Cir.· 1977-06-08 ·cited 6×
  The court held that the district court erred in dismissing the complaint without making findings on whether reasonable regulations could accommodate plaintiffs' First Amendment rights and the Transit Authority's safety concerns.
• Williams v. State OF Wash.
  554 F.2d 369· 9th Cir.· 1977-05-19 ·cited 6×·via 42 U.S.C. § 1983 Action
  Federal courts should not intervene in pending state proceedings absent extraordinary circumstances, such as bad faith or flagrant constitutional violations.
• Butler v. Cooper
  554 F.2d 645· 4th Cir.· 1977-05-16 ·cited 6×
  The court held that a plaintiff alleging racial discrimination in law enforcement must provide more than statistical evidence of disproportionate arrests; they must show a deliberate, race-based selective enforcement policy or plan.
• Allen v. Lovejoy
  553 F.2d 522· 6th Cir.· 1977-04-21 ·cited 6×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
• Easter v. Emil Olson
  552 F.2d 252· 8th Cir.· 1977-04-01 ·cited 6×
  The court held that abstention was appropriate pending resolution of a state law issue by the Nebraska Supreme Court, which would determine if the plaintiff had a property interest in continued employment.
• Shaw v. The Bd. OF Trs. OF the Frederick Cmty. Coll.
  549 F.2d 929· 4th Cir.· 1976-12-29 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the college's dismissal of professors for protesting employment policies violated their First Amendment rights and denied them equal protection.
• Holt v. Moore
  541 F.2d 460· 4th Cir.· 1976-09-22 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff, having been released from state custody and his individual claims for equitable relief severed, lacked standing to represent the class, rendering the class action moot.
• ROE v. Norton
  522 F.2d 928· 2d Cir.· 1975-07-31 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the lower court erred in determining that Title XIX requires Medicaid payments for elective abortions, but the majority's interpretation that Title XIX permits such payments is also flawed.
• Friedlander v. Joseph Cimino, M.D.
  520 F.2d 318· 2d Cir.· 1975-07-09 ·cited 6×·via § 1983 Suit
  The court held that the complaint sufficiently alleged purposeful discrimination to establish a substantial federal question, thus reversing the dismissal.
• Bedrosian v. Mintz
  518 F.2d 396· 2d Cir.· 1975-06-20 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the district court properly dismissed the action because federal courts should not interfere with state court proceedings absent substantial irreparable injury, and the state's refusal to appoint out-of-state counsel was a rational exercise of discretion not v
• Mills v. Sullivan
  501 F.2d 939· 5th Cir.· 1974-10-04 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the district court's dismissal must be vacated and remanded for reconsideration in light of recent Supreme Court decisions on prisoner mail processing.
• Griffith v. Edsel Edwards
  493 F.2d 495· 8th Cir.· 1974-02-28 ·cited 6×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the trial judge did not err in denying the motion to recuse and that no prejudicial error occurred during the trial.
• Thrasher v. First Nat'l Bank OF Miami
  288 So. 2d 288· Fla. 3d DCA· 1974-01-22 ·cited 6×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Thrasher appealed the dismissal of their complaint against First National Bank of Miami for repossessing their automobile. The trial court dismissed all counts, but the appellate court affirmed dismissal of the civil rights claim while reversing dismissal of the conversion and tr
• Thomas v. Brierley
  481 F.2d 660· 3d Cir.· 1973-06-29 ·cited 6×
  The court held that a prisoner's complaint alleging denial of visitation rights due to race or harassment warrants liberal construction and further proceedings, not immediate dismissal as frivolous.
• Jackson v. Griffith
  480 F.2d 261· 10th Cir.· 1973-06-14 ·cited 6×
  The court held that summary judgment was inappropriate because material issues of fact remained regarding the plaintiff's employment termination and constitutional rights.
• Faye Baggett Jackson v. Crockarell
  475 F.2d 746· 6th Cir.· 1973-03-28 ·cited 6×
  The court held that instructing the jury on a theory of defense not raised by the pleadings or supported by evidence constitutes reversible error.
• Roots v. Callahan
  475 F.2d 751· 5th Cir.· 1973-03-20 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that while the district court erred in its jurisdictional basis, the dismissal was nonetheless proper because a writ of mandamus would not lie to compel a discretionary duty.
• Verriah v. Kota
  473 F.2d 1· 4th Cir.· 1973-01-16 ·cited 6×
  The court held that a nontenured professor's contract nonrenewal, without a formal hearing, does not violate due process if no property or liberty interest is implicated and the decision is not arbitrary.
• Scarver v. Allen
  457 F.2d 308· 7th Cir.· 1972-03-15 ·cited 6×
  The court held that dismissing the plaintiff's cause of action for failure to appear at trial due to a documented asthma attack was too harsh a sanction.
• Woolfolk v. Brown
  456 F.2d 652· 4th Cir.· 1972-03-07 ·cited 6×
  The court held that Virginia's AFDC Work Rule conflicts with the federal Work Incentive Program (WIN) provisions of the Social Security Act and is therefore invalid.
• Spencer v. Kugler
  454 F.2d 839· 3d Cir.· 1972-01-24 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the single district judge did not err in dismissing Count One because the matter had already been adjudicated by a three-judge court, and the relief sought was injunctive in nature, not purely declaratory.
• Simcox v. Bd. OF Educ. OF Lockport Twp. High Sch.
  443 F.2d 40· 7th Cir.· 1971-05-12 ·cited 6×
  The concurring judge agrees with the court's decision but disagrees with any implication that a school board's good faith judgment automatically justifies terminating employment, even if it violates constitutional rights.
• DON v. Okmulgee Mem'l Hosp.
  443 F.2d 234· 10th Cir.· 1971-05-11 ·cited 6×
  The court held that the hospital board's rejection of Dr. Don's staff application was a valid exercise of authority, not violating due process or equal protection, and that insufficient evidence of conspiracy or damages precluded a successful claim.
• Barrera v. Wheeler
  441 F.2d 795· 8th Cir.· 1971-04-28 ·cited 6×
  The court held that the district court erred in dismissing the action for failure to exhaust administrative remedies or abstain, as no adequate administrative remedies were available to the plaintiffs.
• Lane v. Correll
  434 F.2d 598· 5th Cir.· 1970-11-19 ·cited 6×
  The court held that the complaint stated a cause of action upon which relief might have been granted, and that denying an arrest warrant solely due to inability to pay a fee violates equal protection.
• Contreras v. Merced High Sch. Dist.
  415 F.2d 771· 9th Cir.· 1969-08-13 ·cited 6×·via 42 U.S.C. § 1983 Action
• Alice T. Rodes ad Litem for Melania DeSzirmay v. Mun. Auth. OF the Borough OF Milford. Alice T. Rodes ad Litem
  409 F.2d 16· 3d Cir.· 1969-01-13 ·cited 6×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the pro se plaintiff's complaint failed to state a claim for a federal civil rights violation, as it contained only conclusory allegations without specific facts supporting federal cognizance.
• Commodore Tilden v. Pate
  390 F.2d 614· 7th Cir.· 1968-02-07 ·cited 6×
  The court held that the plaintiff failed to demonstrate that the district court's conclusion that his allegations were frivolous and fictitious was erroneous.
• McMANIGAL v. Seymour Simon
  382 F.2d 408· 7th Cir.· 1967-07-21 ·cited 6×
  The court held that the District Court lacked jurisdiction because the civil rights statutes do not confer jurisdiction for the protection of purely monetary or property rights.
• Lar (America First) Daly v. Stratton
  326 F.2d 340· 7th Cir.· 1964-01-08 ·cited 6×
  The court held that the Illinois Electoral Board was not acting merely ministerially but exercising an executive function when examining petitions, and thus had authority to refuse certification of a defective petition. Therefore, dismissal of the § 1983 claim was proper.