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

• McCAW v. Winter
  745 F.2d 533· 8th Cir.· 1984-10-09 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the state court judge and clerk were absolutely immune from liability for actions taken in their judicial capacities, thus the § 1983 action was frivolous.
• Holt v. Dunn
  741 F.2d 169· 8th Cir.· 1984-08-21 ·cited 2×·via § 1983 Suit
  The court held that a court reporter is entitled to qualified immunity when acting within their lawful authority and in good faith compliance with court rules regarding transcript preparation.
• Wright v. TRW Credit Data
  588 F. Supp. 112· S.D. Fla.· 1984-07-24 ·cited 2×
  The court held that the plaintiff failed to state a claim upon which relief could be granted under the Civil Rights Act, the Fair Credit Reporting Act, and Florida statutes, warranting dismissal.
• Parks v. Collins
  736 F.2d 313· 5th Cir.· 1984-07-16 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that a local rule setting procedures for magistrate consent is not jurisdictional, and a party who failed to object to non-compliance below cannot raise the issue on appeal.
• Derrickson v. Bd. OF Educ. OF the City OF ST. Louis
  738 F.2d 351· 8th Cir.· 1984-07-11 ·cited 2×
  The court held that the teacher's disruptive internal criticisms were not protected by the First Amendment when balanced against the school's need for efficient operation and harmony, and that these criticisms were not a substantial factor in the non-retention decision.
• Mireles v. Crosby Cnty. & Cnty. Judge Robert Work
  724 F.2d 431· 5th Cir.· 1984-01-06 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the district court properly invoked the Pullman abstention doctrine, requiring dismissal without prejudice to allow state courts to clarify ambiguous state law.
• Stephens v. Bowie Cnty.
  724 F.2d 434· 5th Cir.· 1984-01-06 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the district court properly invoked the Pullman abstention doctrine and dismissed the case without prejudice.
• Yancey v. Jacquetta Alexander
  724 F.2d 93· 8th Cir.· 1983-12-30 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff failed to allege the requisite injury from the defendant's actions, thus affirming the dismissal of his section 1983 action.
• Cmty. Med. Ctr. v. Emergency Med. Servs. of Ne. Pa., Inc.
  712 F.2d 878· 3d Cir.· 1983-07-15 ·cited 2×
  The court held that the plaintiff failed to demonstrate sufficient state involvement in the private entity's actions to establish state action, thus the district court correctly dismissed the claims for lack of subject matter jurisdiction.
• Cannon v. Beckville Indep. Sch. Dist.
  709 F.2d 9· 5th Cir.· 1983-07-05 ·cited 2×
  A public employee's unilateral expectation of continued employment, even if based on past practice or informal assurances, does not create a property interest protected by due process unless there is a legitimate claim of entitlement derived from a statute, rule, or contract.
• Charry v. Hall
  709 F.2d 139· 2d Cir.· 1983-05-19 ·cited 2×
• Coleman v. Franklin Parish Sch. Bd.
  702 F.2d 74· 5th Cir.· 1983-04-04 ·cited 2×
  The court held that while claims for denial of due process regarding corporal punishment were properly dismissed, the claim for denial of equal protection based on racial discrimination was improperly dismissed.
• Mims v. Shapp
  702 F.2d 453· 3d Cir.· 1983-03-21 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the case should be remanded for reconsideration in light of a Supreme Court decision regarding due process for inmates in administrative confinement.
• Johnson v. King
  696 F.2d 370· 5th Cir.· 1983-01-24 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in granting summary judgment based on failure to exhaust administrative remedies, as the Supreme Court's decision in Patsy v. Florida Board of Regents altered the exhaustion requirements for § 1983 actions.
• Rhoades v. The Honorable Craig Penfold
  694 F.2d 1043· 5th Cir.· 1983-01-06 ·cited 2×·via § 1983
  The court held that the federal district court had jurisdiction, did not err in refusing to abstain or apply res judicata, but did err in granting summary judgment and certifying a class action.
• COE v. Mich. Dep't OF Educ.
  693 F.2d 616· 6th Cir.· 1982-11-29 ·cited 2×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that plaintiffs could not litigate simultaneously in state and federal courts under the EHCA and that their claims were barred by res judicata.
• Owen v. Kimmel
  693 F.2d 711· 7th Cir.· 1982-11-26 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred by relying on prior case law without considering the impact of Patsy v. Board of Regents and 42 U.S.C. § 1997e regarding exhaustion of administrative remedies in Section 1983 actions.
• Ellison v. DE LA Rosa
  685 F.2d 959· 5th Cir.· 1982-09-13 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that a section 1983 action against appointed counsel for ineffective assistance of counsel fails because such counsel does not act under color of state law.
• Blodgett v. Cnty. OF Santa Cruz
  698 F.2d 368· 9th Cir.· 1982-08-25 ·cited 2×
  The court held that summary judgment for the county was appropriate as no material issue of fact existed regarding the property owners' claims of due process and equal protection violations.
• Sumpter v. Harper
  683 F.2d 106· 4th Cir.· 1982-07-21 ·cited 2×
  A state medical license alone does not establish state action for purposes of Section 1983 or the Fourteenth Amendment, and Title VI does not provide a right of action for damages for medical malpractice.
• Maxey v. Thompson
  680 F.2d 524· 7th Cir.· 1982-06-16 ·cited 2×
  The court held that the plaintiff should be allowed to amend his Title VII and ADEA claims to substitute the correct agency, but not his § 1981 and § 1983 claims.
• Am. Re-Insurance Co. v. Janklow
  676 F.2d 1177· 8th Cir.· 1982-04-23 ·cited 2×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The Eleventh Amendment does not bar injunctive and declaratory relief against state officials for future conduct, even if it has an ancillary effect on the state treasury, and the CDP Fund's status requires further consideration.
• Stephen Kenneth MacKey # 040811 v. Gonzalez
  662 F.2d 712· 11th Cir.· 1981-11-23 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court vacated the district court's dismissal order and remanded for clarification regarding the exhaustion of state remedies.
• White v. Wyrick
  651 F.2d 597· 8th Cir.· 1981-06-17 ·cited 2×·via 42 U.S.C. § 1983 Action
  A federal court properly denied a habeas corpus petition where the petitioner failed to exhaust available state remedies for most of his claims.
• Northwood Apts. v. LaVALLEY
  649 F.2d 401· 6th Cir.· 1981-05-14 ·cited 2×·via 42 U.S.C. § 1983 Action
  The dissenting judge would hold that federal courts lack subject matter jurisdiction under 42 U.S.C. §§ 1983 or 1985 for actions by taxpayers against local tax assessors for damages, especially when an adequate state remedy exists. The judge would also affirm dismissal based on t
• The Honorable Robert Mandel v. The Honorable: Ralph J. Erickstad
  648 F.2d 1175· 8th Cir.· 1981-05-13 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court affirmed the district court's dismissal, holding that the plaintiff's allegations did not state a denial of federal statutory or constitutional rights.
• Decker v. O'Donnell
  661 F.2d 598· 7th Cir.· 1980-09-09 ·cited 2×
  The court held that the Comprehensive Employment and Training Act (CETA) program's funding of participants in pervasively sectarian elementary and secondary schools violates the Establishment Clause of the First Amendment due to excessive entanglement and impermissible subsidizat
• Dunn v. Hackworth
  628 F.2d 1111· 8th Cir.· 1980-08-27 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that a privately retained attorney's status as a state juvenile officer, without more, does not transform their representation into state action for purposes of a § 1983 claim.
• McCRAY v. Burrell
  622 F.2d 705· 4th Cir.· 1980-06-04 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that Sergeant Smith was not entitled to qualified immunity for the first confinement because his testimony shifted to indicate he did not believe the inmate was mentally disturbed, negating the justification for the harsh conditions and lack of immediate profession
• Nickens v. White
  622 F.2d 967· 8th Cir.· 1980-06-04 ·cited 2×
  The court held that the district court properly granted summary judgment because the prisoner failed to raise a genuine issue of material fact and did not diligently pursue discovery.
• Funn v. Winston
  612 F.2d 880· 4th Cir.· 1980-01-08 ·cited 2×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  A deputy sheriff's refusal to dismiss a criminal warrant against a prisoner, contrary to departmental policy, justified his discharge.
• Mrs. Patsy Ruth White v. Dallas Indep. Sch. Dist.
  566 F.2d 906· 5th Cir.· 1978-01-26 ·cited 2×·via Section 1983
• Garnet Vinson v. Richmond Police Dept.
  567 F.2d 263· 4th Cir.· 1977-12-12 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court affirmed the dismissal of the § 1983 action against the named defendants because neither the Police Department nor the Commonwealth Attorney are proper defendants under § 1983, and any claims against individual officers would be time-barred.
• Freeman v. Lockhart
  561 F.2d 728· 8th Cir.· 1977-09-01 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the district court's findings were not clearly erroneous and that the appellant failed to establish deliberate indifference to serious medical needs, thus affirming the dismissal of the section 1983 claim.
• Haber v. The Cnty. OF Nassau & Robert Sehlmeyer
  557 F.2d 322· 2d Cir.· 1977-06-01 ·cited 2×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that a jury's finding of no contributory negligence should not be overturned by judgment notwithstanding the verdict, but affirmed a new trial order due to jurisdictional issues and excessive damages.
• Wester v. Jones
  554 F.2d 1285· 4th Cir.· 1977-05-19 ·cited 2×·via 42 U.S.C. § 1983 Action
  A prisoner's allegations of a doctor's negligence or incorrect diagnosis do not constitute deliberate indifference to serious medical needs, which is required to state a constitutional claim under the Eighth Amendment.
• Rocker v. Huntington
  550 F.2d 804· 2d Cir.· 1977-02-24 ·cited 2×
  A probationary teacher's dismissal, if based on legitimate performance concerns, will be upheld even if some protected speech occurred, provided the dismissal was not motivated by that speech.
• Gray v. Sherril
  542 F.2d 953· 5th Cir.· 1976-11-26 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the trial court did not err in denying a mistrial or in admitting character evidence.
• Alcala v. Burns
  545 F.2d 1101· 8th Cir.· 1976-11-05 ·cited 2×
  The court held that denying A.F.D.C. cash benefits to pregnant women without existing children does not violate the Equal Protection or Due Process Clauses, and summary judgment for defendants was proper.
• Poirier v. Carson
  537 F.2d 823· 5th Cir.· 1976-08-25 ·cited 2×·via 42 U.S.C. § 1983 Action
• Wood v. Okey A. Mills
  528 F.2d 321· 4th Cir.· 1975-10-22 ·cited 2×·via 42 U.S.C. § 1983 Action
  Gender-based wage differentials for substantially similar work violate the Equal Protection Clause of the Fourteenth Amendment, but denial of back pay and attorney fees may be affirmed if the defendant did not act with discriminatory intent or malice.
• Calo v. Paine
  521 F.2d 411· 2d Cir.· 1975-08-18 ·cited 2×
  The court held that the district court erred in granting summary judgment on the plaintiff's First Amendment claim, as recent Supreme Court precedent requires consideration of such claims even for probationary employees.
• Fontaine v. Walls
  515 F.2d 884· 5th Cir.· 1975-07-11 ·cited 2×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that a prisoner's suit for damages based on alleged physical mistreatment and improper confinement is a Section 1983 claim, not subject to the exhaustion requirement for habeas corpus actions.
• Mrs. Minnie L. Evans v. Elbert Page, Jr.
  516 F.2d 18· 8th Cir.· 1975-05-15 ·cited 2×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that serving as an election official is not a federal constitutional or statutory right, and a school board's decision not to rehire an untenured teacher for such service does not violate civil rights or substantive due process.
• Helmuth Scherer v. Cosgrove
  511 F.2d 707· 4th Cir.· 1975-02-19 ·cited 2×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the district court erred in finding that Cosgrove violated Scherer's civil rights, as Cosgrove acted with probable cause in prosecuting wage payment violations.
• Kurlan v. Callaway
  510 F.2d 274· 2d Cir.· 1974-12-27 ·cited 2×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  National Guard members who qualified for transfer to the Standby Reserve before July 10, 1974, and applied before that date, are entitled to transfer, even if the Governor later modified consent.
• Broderick v. di Grazia
  504 F.2d 643· 1st Cir.· 1974-10-25 ·cited 2×
  The court held that the plaintiffs' claims were not ripe for judicial review and thus did not state a claim upon which relief could be granted.
• Mathews v. Little
  498 F.2d 1068· 5th Cir.· 1974-08-19 ·cited 2×
  The court held that Atlanta's requirement of a petition signed by two percent of registered voters is a reasonable alternative to a filing fee for ballot access, consistent with constitutional standards.
• Delilah B. Blanks v. Register
  493 F.2d 697· 4th Cir.· 1974-03-26 ·cited 2×
  The court held that the civil rights action was premature because the plaintiff had not yet been rejected for the position or had anyone else appointed, thus no justiciable case or controversy existed.
• Uldine Kuri v. Edelman
  491 F.2d 684· 7th Cir.· 1974-02-11 ·cited 2×
  The court denied the motion for an injunction pending appeal, finding no strong showing of likely success on the merits for the plaintiffs' claim that the state's AFDC income reporting program violated federal law or the Constitution.