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

• Carson v. Officer Polley
  689 F.2d 562· 5th Cir.· 1982-10-18 ·cited 67×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in excluding departmental performance reports for Deputy Sheriff Holley (relevant to intent) and Deputy Sheriff Ellis (relevant for impeachment), requiring a new trial.
• Mauro Ramirez v. Sloss
  615 F.2d 163· 5th Cir.· 1980-04-07 ·cited 67×
  The court held that the district court's factual findings were clearly erroneous and that the appellant established a prima facie case of employment discrimination under 42 U.S.C. §§ 1981 and 1983, which the city failed to rebut.
• Ballard v. Sheriff Spradley
  557 F.2d 476· 5th Cir.· 1977-08-12 ·cited 67×·via 42 U.S.C. § 1983 Action
  The court held that appellate jurisdiction exists to review the district court's order and that the U.S. Marshals Service is required to transport state prisoners for testimony in federal court.
• Marie Ellsworth & Paul Ellsworth v. City OF Racine
  774 F.2d 182· 7th Cir.· 1985-09-23 ·cited 66×
  The plaintiff's admission that she told the officer it was unnecessary for him to stay precludes recovery on her Section 1983 claim.
• Lowell Buller v. Buechler
  706 F.2d 844· 8th Cir.· 1983-05-05 ·cited 66×·via 42 U.S.C. § 1983 Action
  The court held that private individuals who utilize state garnishment procedures, even if later found unconstitutional, can be considered state actors for section 1983 purposes if they act jointly with state officials, and may assert a qualified immunity defense.
• Smiddy v. Dudley D. Varney
  665 F.2d 261· 9th Cir.· 1981-08-07 ·cited 66×
  Police officers are not liable for damages incurred after a district attorney files charges, unless the presumption of the prosecutor's independent judgment is rebutted. The judgment of liability is affirmed, but the damages award is vacated and remanded for a new trial.
• Bickel v. Burkhart
  632 F.2d 1251· 5th Cir.· 1980-12-17 ·cited 66×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the fire department's rules were not facially unconstitutional as applied, but that the plaintiff's speech was constitutionally protected and a motivating factor in his denial of promotion. The court affirmed the order to make the plaintiff whole but remanded
• Allen G. Charles, M.D. v. Carey
  627 F.2d 772· 7th Cir.· 1980-07-29 ·cited 66×
  The court held that certain provisions of the Illinois Abortion Law of 1975, particularly those related to informed consent and waiting periods, impose unconstitutional burdens on a woman's right to an abortion and are subject to strict scrutiny.
• Cornelius v. Town OF Highland Lake
  880 F.2d 348· 11th Cir.· 1989-08-10 ·cited 65×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that a genuine issue of material fact exists regarding whether a special relationship existed between the plaintiff and the town officials, and whether the defendants' actions created a special danger, thus potentially imposing a duty to protect the plaintiff under
• Ferrara v. Mills
  781 F.2d 1508· 11th Cir.· 1986-02-10 ·cited 65×·via 42 U.S.C. § 1983 Action
  The court held that a public school teacher's complaints about his teaching schedule and assignments, even if tangentially related to public education, did not constitute speech on a matter of public concern and thus were not constitutionally protected under the First Amendment.
• Rodgers v. Lincoln Towing Serv., Inc.
  771 F.2d 194· 7th Cir.· 1985-08-15 ·cited 65×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court affirmed the district court's dismissal of all claims and the assessment of Rule 11 sanctions, finding the plaintiff's allegations failed to state a claim upon which relief could be granted and that the attorneys' conduct warranted sanctions.
• United Handicapped Fed'n v. Andre
  622 F.2d 342· 8th Cir.· 1980-05-14 ·cited 65×
  Plaintiffs were prevailing parties entitled to attorneys' fees because their lawsuit was a catalyst for improvements in handicapped transportation services, even if not the sole cause or if some claims were dismissed.
• Agnew v. City OF Compton
  239 F.2d 226· 9th Cir.· 1956-12-17 ·cited 65×·via 42 U.S.C. § 1983 Action
  The court held that the complaint failed to state a cause of action under the Civil Rights Act because the alleged wrongs did not deprive the plaintiff of rights secured by the Constitution and federal laws.
• McGILL v. Bd. OF Educ. OF Pekin Elementary Sch. Dist. NO. 108 OF Tazewell Cnty.
  602 F.2d 774· 7th Cir.· 1979-07-23 ·cited 64×
  A retaliatory transfer, like a retaliatory discharge, can violate a public employee's First Amendment rights if the protected speech was the motivating factor for the adverse action.
• Long v. Sapp
  502 F.2d 34· 5th Cir.· 1974-10-04 ·cited 64×
  The court held that the plaintiff's individual claim of racial discrimination was properly dismissed, but her claim of sex discrimination regarding the warehouseman position and her class action claim for racial discrimination should be remanded for further proceedings.
• Street v. Officer Leo Surdyka
  492 F.2d 368· 4th Cir.· 1974-02-21 ·cited 64×·via 42 U.S.C. § 1983 Claim For Violation Of Fourth Amendment Rights
  The court held that a violation of state arrest law does not automatically constitute a federal constitutional violation actionable under 42 U.S.C. § 1983, and that police officers are protected by a good faith defense for arrests made with probable cause.
• Glenn W. Bricker, M.D. v. Henry D. Crane, Jr., M.D.
  468 F.2d 1228· 1st Cir.· 1972-11-07 ·cited 64×·via Violation Of Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the district court properly dismissed the action, affirming that collateral estoppel barred relitigation of issues decided in state court and that the plaintiff failed to state a claim under the Civil Rights Act.
• James v. The Bd. OF Educ. OF Cent. Dist. NO. 1 OF the Towns OF Addison
  461 F.2d 566· 2d Cir.· 1972-05-24 ·cited 64×
  A school board may not discharge a teacher for wearing a black armband in symbolic protest if the conduct does not materially and substantially disrupt school activities or interfere with the teacher's duties.
• Anderson v. City OF Atlanta
  778 F.2d 678· 11th Cir.· 1985-12-16 ·cited 63×·via 42 U.S.C. § 1983 Action
  The court held that the trial court erred in granting judgment notwithstanding the verdict because there was sufficient evidence for the jury to find that the City of Atlanta and Director Hudson were liable under 42 U.S.C. § 1983 due to a policy or custom of understaffing that le
• Wellman v. Faulkner
  715 F.2d 269· 7th Cir.· 1983-08-09 ·cited 63×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the medical care at Michigan City prison was constitutionally inadequate due to deliberate indifference to serious medical needs, reversing and remanding for further relief. It affirmed the district court's findings on the totality of conditions and specific v
• Vail v. Bd. OF Educ. OF Paris Union Sch. Dist. NO. 95
  706 F.2d 1435· 7th Cir.· 1983-04-19 ·cited 63×
  A public employee with a term employment contract has a property interest in continued employment, requiring a meaningful opportunity to be heard before termination.
• Kingsville Indep. Sch. Dist. v. Cooper
  611 F.2d 1109· 5th Cir.· 1980-02-15 ·cited 63×·via 42 U.S.C. § 1983 Action
  The court held that an independent school district is amenable to suit under 42 U.S.C. § 1983, and that a teacher's classroom expression, even if controversial, is protected speech unless it overbalances her usefulness as an instructor.
• Griffin v. Burns
  570 F.2d 1065· 1st Cir.· 1978-01-19 ·cited 63×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the state's retroactive invalidation of absentee and shut-in ballots, after voters relied on official procedures, violated their constitutional right to vote, and thus federal jurisdiction was proper.
• Penn v. SAN Juan Hosp., Inc.
  528 F.2d 1181· 10th Cir.· 1975-12-31 ·cited 63×
  The court held that the trial court erred in dismissing the permanent injunction claim without proper notice and consolidation, and in denying class action status based on unpersuasive reasoning.
• Duke v. N. Tex. State Univ.
  469 F.2d 829· 5th Cir.· 1972-11-10 ·cited 63×
  The dissenting opinion argues that the President's Cabinet lacked the "apparent impartiality" required for an administrative hearing tribunal because it was too closely connected to the controversy. The dissent asserts that the majority opinion incorrectly assumes impartiality an
• Lester v. City OF Chicago
  830 F.2d 706· 7th Cir.· 1987-09-17 ·cited 62×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that excessive force claims are governed by the Fourth Amendment's objective reasonableness standard, not the Fourteenth Amendment's 'shocks the conscience' test. The court also held that sufficient evidence supported the jury's finding of probable cause for arrest
• Gibson v. United States
  781 F.2d 1334· 9th Cir.· 1986-01-30 ·cited 62×
  The court held that the statute of limitations for § 1983 claims should not be retroactively applied if it shortens the period, and that federal law, not state law, governs the accrual of civil conspiracy claims. The court also held that Bivens claims can be based on the First Am
• Losch v. Borough OF Parkesburg
  736 F.2d 903· 3d Cir.· 1984-06-14 ·cited 62×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that a jury must decide whether police officers had probable cause to file criminal charges, and thus summary judgment for the officers on the plaintiff's § 1983 claim was inappropriate, but affirmed summary judgment for the municipality.
• Stotts v. Memphis Fire Dep't
  679 F.2d 541· 6th Cir.· 1982-05-07 ·cited 62×
  The court held that a district court should be cautious in modifying a consent decree, especially if it would cause parties to assume obligations for which they have not contracted, and that a consent decree cannot alter the rights of a non-party union concerning layoffs by senio
• Monell v. Dep't OF Soc. Servs. OF the City OF NEW York
  532 F.2d 259· 2d Cir.· 1976-03-08 ·cited 62×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that claims for equitable relief were moot due to policy changes, and claims for back pay were barred by lack of subject matter jurisdiction under both Title VII and § 1983.
• Hawkins v. Town OF Shaw
  461 F.2d 1171· 5th Cir.· 1972-03-27 ·cited 62×
  The court clarifies that proof of intent to discriminate is not always necessary to prevail in a case alleging racial discrimination in governmental affairs, and that disparities in municipal services can create a right of action under Section 1983.
• Dailey v. City OF Lawton
  425 F.2d 1037· 10th Cir.· 1970-05-01 ·cited 62×
  A municipality and its employees can be enjoined from acting in violation of federal constitutional rights, even if the municipality is not considered a 'person' for damages under 42 U.S.C. § 1983.
• Hill v. Dep't OF Corr.
  513 So. 2d 129· Fla.· 1987-09-24 ·cited 61×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The Florida Supreme Court held that Florida has not waived its sovereign immunity or common law immunity from federal civil rights suits under 42 U.S.C. § 1983, either in federal or state court, despite the existence of section 768.28 which waives immunity for traditional tort cl
• Linhart v. Glatfelter
  771 F.2d 1004· 7th Cir.· 1985-08-22 ·cited 61×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's actions did not constitute a deprivation of property or liberty without due process, nor did they involve protected speech under the First Amendment, thus affirming summary judgment.
• Dillon v. Coles
  746 F.2d 998· 3d Cir.· 1984-10-29 ·cited 61×
  The court held that the district court erred in placing the burden of persuasion on the defendants regarding the plaintiff's qualifications for hiring, but this error was not reversible. The court also affirmed the deduction of unemployment and public assistance benefits from the
• Prof'l Ass'n OF Coll. Educators v. EL Paso Cnty. Cmty. Coll. Dist.
  730 F.2d 258· 5th Cir.· 1984-04-20 ·cited 61×
  The court held that the majority's analysis for denying reinstatement departs from established Supreme Court precedent and circuit law by introducing an unnecessary 'fairness and equity' defense.
• Palermo v. Warden, Green Haven State Prison
  545 F.2d 286· 2d Cir.· 1976-11-01 ·cited 61×·via 42 U.S.C. § 1983 Action
  The dissenting judge would not grant specific performance of an unauthorized and unfulfillable prosecutorial promise that intruded upon independent agencies' discretion.
• Raymon J. Melton v. City OF Okla. City
  879 F.2d 706· 10th Cir.· 1989-06-21 ·cited 60×
  The court held that Melton's trial testimony was not a motivating factor for his discharge, and that his disclosure of a recorded conversation did not create a protected liberty interest. However, the court agreed that his disclosure of the tape was a matter of public concern and
• Sterling Usher v. City OF LOS Angeles
  828 F.2d 556· 9th Cir.· 1987-09-21 ·cited 60×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the statute of limitations for a § 1983 claim arising before Wilson v. Garcia should be the earlier of the pre-Wilson period or the post-Wilson period commencing with the decision. It also held that the plaintiff adequately pleaded claims under § 1985 and for
• Reimer v. Smith
  663 F.2d 1316· 5th Cir.· 1981-12-14 ·cited 60×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff failed to establish claims for deprivation of property regarding the autocar and forklift, that the Eleventh Amendment barred suit against the state agency, that dismissal of a supervisory defendant was proper, and that collateral estoppel barred
• Wolfgang Arnold v. Int'l Bus. Machs. Corp.
  637 F.2d 1350· 9th Cir.· 1981-02-05 ·cited 60×
  The court held that the defendants' involvement with the criminal investigation did not proximately cause the plaintiff's injuries, and therefore summary judgment was appropriate.
• Grano v. The Dep't OF Dev. OF the City OF Columbus
  637 F.2d 1073· 6th Cir.· 1980-12-10 ·cited 60×
  The court held that the district court applied erroneous legal standards in determining Title VII liability and that the case should be remanded for reconsideration.
• Zarcone v. Perry
  572 F.2d 52· 2d Cir.· 1978-03-03 ·cited 60×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court affirmed the jury's punitive damages award, finding it was not excessive given the defendant's abuse of official power and egregious conduct.
• Cohen v. Ill. Inst. OF Tech.
  524 F.2d 818· 7th Cir.· 1975-10-28 ·cited 60×
  A private university's alleged discrimination against women faculty does not constitute action under color of state law for § 1983, nor is a conspiracy to violate Fourteenth Amendment rights actionable under § 1985(3) without state action.
• LA Batt v. Twomey
  513 F.2d 641· 7th Cir.· 1975-01-08 ·cited 60×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that while prolonged prison lock-downs may require due process protections, a nine-day lock-down in response to an emergency, absent bad faith, does not necessitate a prior hearing. However, claims of denial of medical treatment and certain equal protection violati
• Cooper v. Allen
  467 F.2d 836· 5th Cir.· 1972-08-29 ·cited 60×
• Moss v. Hornig
  314 F.2d 89· 2d Cir.· 1963-01-18 ·cited 60×
  The court held that the plaintiff failed to prove purposeful discrimination required for an equal protection claim under 42 U.S.C. § 1983, and thus, the district court did not err in entering summary judgment for the defendant.
• Ventura v. State
  2 So. 3d 194· Fla.· 2009-01-29 ·cited 59×·via 42 U.S.C. § 1983 Action
  Peter Ventura, a death-row inmate convicted of first-degree murder in 1988, challenged the constitutionality of Florida's lethal injection protocol in a successive postconviction motion. The Florida Supreme Court affirmed the summary denial of his motion, holding that his claims
• Annabelle Lipsett v. Univ. OF Puerto RICO
  864 F.2d 881· 1st Cir.· 1988-10-26 ·cited 59×
  The court held that the plaintiff presented sufficient evidence of a hostile work environment and sex discrimination to survive summary judgment against most defendants.
• Floyd v. Farrell
  765 F.2d 1· 1st Cir.· 1985-06-19 ·cited 59×·via 42 U.S.C. § 1983 Action
  A police officer is entitled to qualified immunity if the facts and circumstances known to him at the time of a warrantless arrest would warrant a person of reasonable caution to believe that the suspect had committed a crime, even if a later probable cause hearing finds no proba