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

• Littlefield v. City OF Afton
  785 F.2d 596· 8th Cir.· 1986-01-03 ·cited 51×·via 42 U.S.C. § 1983 Action
  The court held that appellants had a protected property interest in the building permit under Minnesota law, and thus were entitled to procedural due process. However, the court affirmed the dismissal of the procedural due process claim as appellants received adequate notice and
• McKINNEY v. George
  726 F.2d 1183· 7th Cir.· 1984-01-20 ·cited 51×
  Police officers acted reasonably under the Fourth Amendment in arresting and committing the plaintiff, and the hospital staff acted reasonably in detaining him based on psychiatric evaluation.
• Coverdell v. The Dep't OF Soc. & Health Servs.
  834 F.2d 758· 9th Cir.· 1987-12-15 ·cited 50×·via 42 U.S.C. § 1983 Claim For Damages
  Child protective services workers are entitled to absolute quasi-prosecutorial immunity for initiating and pursuing child dependency proceedings, and absolute quasi-judicial immunity for executing court orders in such matters. A claim for injunctive relief is moot if there is no
• Jones v. Tex. Tech Univ.
  656 F.2d 1137· 5th Cir.· 1981-09-25 ·cited 50×
  The court held that the prior consent judgment barred the current lawsuit under res judicata, but reversed the award of attorneys' fees, finding the lawsuit was not frivolous.
• Sweeney v. Bd. OF Trs. OF Keene State Coll.
  569 F.2d 169· 1st Cir.· 1978-01-04 ·cited 50×
  The court held that circumstantial evidence and statistics can establish a prima facie case of disparate treatment under Title VII, and that the defendants failed to rebut the plaintiff's evidence of sex discrimination in her second promotion attempt.
• McLELLAN v. Miss. Power & Light Co.
  526 F.2d 870· 5th Cir.· 1976-02-05 ·cited 50×
  The court held that a petition for rehearing en banc should be granted.
• Simard v. Bd. OF Educ. OF the Town OF Groton
  473 F.2d 988· 2d Cir.· 1973-01-30 ·cited 50×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court affirmed the district court's dismissal, holding that the plaintiff teacher's constitutional rights were not violated by the denial of tenure.
• Bishop v. Colaw
  450 F.2d 1069· 8th Cir.· 1971-10-27 ·cited 50×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court affirmed the denial of a rehearing en banc, finding that the suggestion for rehearing failed to obtain the necessary majority vote.
• Nolan v. Palmer C. Scafati
  430 F.2d 548· 1st Cir.· 1970-08-14 ·cited 50×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that a prisoner's allegations of denial of due process and denial of access to the courts by prison officials state claims upon which relief may be granted, requiring further factual determination.
• Crews v. Cloncs
  432 F.2d 1259· 7th Cir.· 1970-08-10 ·cited 50×
  The court held that the school district failed to provide a substantial justification for excluding a student based on his long hair, violating his constitutional rights.
• Morton Birnbaum v. Trussell
  347 F.2d 86· 2d Cir.· 1965-06-17 ·cited 50×
• Sostre v. McGINNIS
  334 F.2d 906· 2d Cir.· 1964-07-30 ·cited 50×
  The court held that while prisoners have religious rights, these are subject to significant limitations necessary for prison discipline, and state authorities should be given the first opportunity to establish rules for these rights.
• Ortega v. Ragen
  216 F.2d 561· 7th Cir.· 1954-11-01 ·cited 50×
  The court held that a prisoner's complaint alleging a warden refused to deliver a letter, without alleging facts showing a violation of a specific federal right, fails to state a cause of action under 42 U.S.C.A. § 1983.
• Andrews v. City OF Philadelphia & Wilson W. Goode
  895 F.2d 1469· 3d Cir.· 1990-02-08 ·cited 49×·via Section 1983
  The court held that the jury's findings on § 1983 claims were not sufficient to establish a Title VII hostile work environment claim, and that certain judgments n.o.v. were appropriate while others were not.
• Schaper v. City OF Huntsville
  813 F.2d 709· 5th Cir.· 1987-04-06 ·cited 49×·via Section 1983
  The court held that allegations of bias and conspiracy in pre-termination hearings, even if true, do not state a procedural or substantive due process claim when a post-termination administrative remedy is available.
• Stallworth v. Laquita Shuler
  777 F.2d 1431· 11th Cir.· 1985-12-11 ·cited 49×
  The court held that the district court's findings of intentional racial discrimination, back pay, compensatory damages, and punitive damages were not clearly erroneous and were supported by the evidence.
• Turpin v. Mailet
  579 F.2d 152· 2d Cir.· 1978-06-05 ·cited 49×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court, in a concurring opinion, argues that the dissent's concerns about unlimited municipal liability for constitutional violations are overstated and fail to consider existing limitations and legal developments.
• Bireline v. Seagondollar
  567 F.2d 260· 4th Cir.· 1977-12-12 ·cited 49×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not err in allowing the defendants to amend their answer to assert the statute of limitations and in granting summary judgment based on that statute.
• Hawkins v. Town OF Shaw
  437 F.2d 1286· 5th Cir.· 1971-01-23 ·cited 49×
  The court held that the district court's factual conclusion that service disparities were not race-based was clearly erroneous, and it was error not to apply the strict scrutiny standard for racial classifications under the Equal Protection Clause.
• Brown v. Dixie Herlong Chastain
  416 F.2d 1012· 5th Cir.· 1969-08-04 ·cited 49×
  The district court erred in dismissing the case for lack of jurisdiction. Federal courts have jurisdiction under 28 U.S.C. § 1343 to hear claims alleging deprivation of constitutional rights by state judicial officers. The Rooker-Feldman doctrine does not preclude this jurisdicti
• WU v. Thomas
  863 F.2d 1543· 11th Cir.· 1989-01-23 ·cited 48×
  The court held that the district court erred in granting summary judgment, as the plaintiffs had not failed to exhaust administrative remedies, their claims were not barred by res judicata, their retaliation claims were valid under Title VII, and sovereign immunity did not bar al
• J & J Anderson, Inc. v. The Town OF Erie
  767 F.2d 1469· 10th Cir.· 1985-07-18 ·cited 48×
  The court held that while the district court erred in finding special circumstances to deny attorney fees, the plaintiffs could not substantially prevail on their § 1983 claim, thus affirming the denial of fees.
• Manecke v. Sch. Bd. OF Pinellas Cnty.
  762 F.2d 912· 11th Cir.· 1985-06-11 ·cited 48×
  The court held that the district court erred in dismissing the § 1983 due process claim, but correctly dismissed the § 504 claim for failure to allege discrimination.
• Christmas v. Lolita Sanders
  759 F.2d 1284· 7th Cir.· 1985-04-12 ·cited 48×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the trial judge did not abuse her discretion in excluding police reports offered as prior consistent statements and in excluding evidence of the plaintiff's prior rape conviction.
• Yale Auto Parts, Inc. v. Johnson
  758 F.2d 54· 2d Cir.· 1985-03-20 ·cited 48×
  The court held that plaintiffs' interest in obtaining a zoning board of appeals certificate of location approval did not rise to the level of a property right protected by the Due Process Clause, and their equal protection claim was insufficient.
• Jones v. Cmty. Redev. Agency OF the City OF LOS Angeles
  733 F.2d 646· 9th Cir.· 1984-05-15 ·cited 48×
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 and that the district court properly denied leave to amend, thus affirming the dismissal of federal claims and the subsequent dismissal of state claims.
• Smith v. Gonzales
  670 F.2d 522· 5th Cir.· 1982-03-15 ·cited 48×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that claims arising from arrests made under facially valid warrants or with probable cause, as determined by an independent intermediary, should have been dismissed. The court affirmed the jury's verdict regarding the warrantless arrest for carnal knowledge.
• Taylor v. Kavanagh
  640 F.2d 450· 2d Cir.· 1981-01-26 ·cited 48×·via 42 U.S.C. § 1983 Claim For Damages
  A prosecutor's actions in plea bargaining are protected by absolute immunity under 42 U.S.C. § 1983, and damages cannot be recovered for harm resulting from such conduct.
• Corley v. Jackson Police Dep't
  566 F.2d 994· 5th Cir.· 1978-01-30 ·cited 48×
  The district court erred by failing to apply the correct legal standard for pretext in a Title VII discrimination case, thus its findings of fact are tainted and require reversal.
• Ramsay v. Bailey
  531 F.2d 706· 5th Cir.· 1976-05-12 ·cited 48×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not abuse its discretion in dismissing the action with prejudice for want of prosecution due to the plaintiff's prolonged pattern of delay and failure to comply with court orders.
• Ward v. ST. Anthony Hosp.
  476 F.2d 671· 10th Cir.· 1973-04-04 ·cited 48×
  The court held that receiving federal funds, tax exemptions, and being subject to regulation is insufficient to establish state action for federal jurisdiction under 42 U.S.C. § 1983 without a showing of state involvement in the specific activity causing the alleged injury. The c
• Lucas v. Wis. Elec. Power Co.
  466 F.2d 638· 7th Cir.· 1972-08-02 ·cited 48×
• Smith v. Robbins
  454 F.2d 696· 1st Cir.· 1972-01-18 ·cited 48×·via § 1983 Suit
  The court held that prison officials may not open mail addressed to a prisoner from an attorney in the prisoner's absence, even to check for contraband, without a strong justification. The court also vacated the dismissal of the prisoner's claim regarding good time forfeiture, re
• Dale v. Demarest J. Hahn
  440 F.2d 633· 2d Cir.· 1971-02-19 ·cited 48×
  The court held that a claim for deprivation of property rights, without more, does not state a cause of action under 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3) and (4).
• Penley v. Eslinger
  605 F.3d 843· 11th Cir.· 2010-05-03 ·cited 47×·via 42 U.S.C. § 1983 (Excessive Force)
  A fifteen-year-old student brought a modified toy pistol to school, triggering a police standoff during which Lieutenant Michael W. Weippert fired a fatal shot to the head. The parents sued under 42 U.S.C. § 1983 and Florida law, alleging excessive force and violation of Fourth A
• Wellington v. Daniels
  717 F.2d 932· 4th Cir.· 1983-09-19 ·cited 47×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court did not err in granting judgment notwithstanding the verdict for the city and chief, nor in denying a new trial, as there was insufficient evidence of a municipal policy to allow the use of a dangerous instrumentality.
• Hanson Bratton v. City OF Detroit
  704 F.2d 878· 6th Cir.· 1983-03-29 ·cited 47×
• Westborough Mall, Inc. v. City OF Cape Girardeau
  693 F.2d 733· 8th Cir.· 1982-11-12 ·cited 47×
  The court held that summary judgment was improperly granted because genuine issues of material fact exist regarding whether the city deprived developers of zoning rights without due process and whether city officials conspired with private developers to restrain trade.
• McMILLAN v. Escambia Cnty.
  638 F.2d 1239· 5th Cir.· 1981-02-19 ·cited 47×
  At-large election systems are unconstitutional if purposefully designed or perpetuated to minimize the voting strength of racial minorities and have that effect. The County Commission's at-large system was not shown to be perpetuated for discriminatory purposes, but the School Bo
• Bruce v. Riddle
  631 F.2d 272· 4th Cir.· 1980-09-10 ·cited 47×·via 42 U.S.C. § 1983 Action
  Members of a local county council are entitled to absolute legislative immunity under 42 U.S.C. § 1983 for actions taken in their legislative capacity, including voting on zoning ordinances, even if influenced by private meetings with constituents.
• Murrell v. Bennett
  615 F.2d 306· 5th Cir.· 1980-04-10 ·cited 47×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Summary judgment was prematurely granted because genuine issues of material fact existed and the pro se plaintiff's discovery requests were improperly denied.
• Eutzy v. State
  541 So. 2d 1143· Fla.· 1989-03-28 ·cited 46×·via 42 U.S.C. § 1983 Action
  William Eutzy, a death row inmate, appealed the trial court's denial of his second Rule 3.850 motion to vacate his conviction and death sentence for first-degree murder. The Florida Supreme Court affirmed the denial, holding that all claims were procedurally barred either because
• N.A.A.C.P. v. City OF Richmond
  743 F.2d 1346· 9th Cir.· 1984-09-28 ·cited 46×·via 42 U.S.C. § 1983 Action
  The Ninth Circuit held that the City of Richmond's 20-day advance notice requirement for parade permits violates the First Amendment and that the waiver provision granting unfettered discretion is unconstitutional.
• Hardin v. Stynchcomb
  691 F.2d 1364· 11th Cir.· 1982-11-22 ·cited 46×
  The dissenting judge would affirm the district court's decision, finding that the majority's reversal was based on a clearly erroneous assessment of the facts regarding the feasibility of accommodating female guards in the Fulton County Jail.
• Russo v. State OF NEW York
  672 F.2d 1014· 2d Cir.· 1982-02-09 ·cited 46×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the plaintiff failed to prove a favorable termination of the underlying criminal proceeding, and the district court lacked discretion to award attorney fees under 42 U.S.C. § 1988 for a state law claim when the federal civil rights claim was lost. The judgment
• Emmitt G. King v. Blankenship
  636 F.2d 70· 4th Cir.· 1980-12-05 ·cited 46×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court's finding that the force used by Officer Johnson was not actionable excessive force was clearly erroneous.
• Clappier v. Flynn
  605 F.2d 519· 10th Cir.· 1979-09-04 ·cited 46×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the trial court erred in submitting two separate verdict forms for negligence and civil rights violations when both claims sought the same compensatory damages, leading to a potential double recovery.
• Lou J. D'Iorio v. Cnty. OF Del. & Faith Ryan Whittlesey
  592 F.2d 681· 3d Cir.· 1978-12-20 ·cited 46×·via 42 U.S.C. § 1983 Action
  The court held that the district court should have abstained from deciding the constitutional claims until the relevant state law issues, particularly the interpretation of the Delaware County Home Rule Charter, were resolved by the Pennsylvania state courts.
• Twyman v. Crisp
  584 F.2d 352· 10th Cir.· 1978-09-06 ·cited 46×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the prisoner's claims of denial of adequate medical care, denial of procedural due process in reclassification, and denial of access to the law library and courts were without merit.
• Alred Lewis v. The State OF NEW York
  547 F.2d 4· 2d Cir.· 1976-10-27 ·cited 46×
  A sua sponte dismissal of a pro se prisoner's complaint for failure to state a federal claim is improper if it occurs before adverse parties are served and given an opportunity to respond.