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

• Jacinto Vasquez v. van Lindt
  724 F.2d 321· 2d Cir.· 1983-12-20 ·via 42 U.S.C. § 1983 Action
  The court held that Vasquez's claims were barred by res judicata because they were actually litigated and determined in the state court Article 78 proceeding, precluding relitigation in federal court under § 1983.
• Colon v. Lomelo
  575 F. Supp. 664· S.D. Fla.· 1983-12-06
  The court held that the § 1983 claim against individual defendants remains viable, but the claim against the City is dismissed, and the § 1985 claim is dismissed against all defendants.
• H.T. Vondy v. J.R. White
  719 F.2d 1265· 5th Cir.· 1983-11-21
  The court held that the federal court should abstain from deciding the reasonableness of the salary until the state courts have resolved the issue under state law.
• Allen v. Greenville Cnty.
  712 F.2d 934· 4th Cir.· 1983-07-26 ·via 42 U.S.C. § 1983 Action
  The court held that the doctrine of res judicata barred the plaintiff's civil rights claim because it could have been raised in the prior state court action.
• Monrad Vikse v. Basin Elec. Power Coop.
  712 F.2d 374· 8th Cir.· 1983-07-25 ·via 42 U.S.C. § 1983 Action
  The court held that the landowners were not denied equal protection because the utility had a rational basis for treating North Dakota landowners differently due to their organized opposition and subsequent group settlement.
• Rubino v. The City OF Mount Vernon
  707 F.2d 53· 2d Cir.· 1983-05-06 ·via 42 U.S.C. § 1983 Action
  The court held that the district court abused its discretion in granting a preliminary injunction because the appellee failed to demonstrate irreparable injury or a likelihood of success on the merits.
• Hawaiian Tel. Co. v. State of Haw. Dep't OF Labor & Indus. Relations
  691 F.2d 905· 9th Cir.· 1982-11-04 ·via 42 U.S.C. § 1983 Action
  The court held that the State Tax Injunction Act bars federal court challenges to state tax schemes, even those with federal components, and that Hawaii provides a plain, speedy, and efficient remedy for such challenges.
• Pellowski v. Burke
  686 F.2d 631· 8th Cir.· 1982-08-18 ·via 42 U.S.C. § 1983 Action
  The court held that evidence of malice was insufficient to support punitive damages against defendants Smith and Burke, but sufficient against defendant Garvey.
• Journey v. Vitek
  685 F.2d 239· 8th Cir.· 1982-08-13
  The court affirmed the district court's judgment, finding no clear error in its factual determinations regarding the plaintiff's claims of discrimination, due process violations, and property rights deprivation.
• Prince v. Town OF Grubbs
  682 F.2d 184· 8th Cir.· 1982-07-01 ·via 42 U.S.C. § 1983 Action
  The court held that the district court's findings of legitimate reasons for the plaintiff's dismissal were not clearly erroneous.
• Northwood Apts. v. LaVALLEY
  673 F.2d 159· 6th Cir.· 1982-03-16 ·via 42 U.S.C. § 1983 Claim For Damages
  The court held that principles of comity require abstention in a damages action brought under 42 U.S.C. § 1983 to redress the allegedly unconstitutional administration of a state tax system.
• Local 391 v. City OF Rocky Mount
  672 F.2d 376· 4th Cir.· 1982-02-24 ·via 42 U.S.C. § 1983 Action
  The court held that the ordinance's permit requirement was an unconstitutional prior restraint on First Amendment rights, as it was not narrowly tailored and was more restrictive than necessary.
• Huron Valley Hosp., Inc. v. City OF Pontiac
  666 F.2d 1029· 6th Cir.· 1981-12-11
  The court held that while the plaintiff has standing and the federal health act does not impliedly repeal antitrust laws, prior resort doctrines require a stay of the antitrust action pending completion of state administrative and judicial proceedings.
• Henderson v. State OF Mo.
  661 F.2d 107· 8th Cir.· 1981-10-19 ·via 42 U.S.C. § 1983 Action
  The court held that the petitioner's habeas corpus filing was premature because it had not first been made to the appropriate federal district court.
• Pace v. Oliver
  634 F.2d 302· 5th Cir.· 1981-01-16 ·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  An absolute policy prohibiting prisoners from accessing institutional records for their defense at disciplinary hearings violates procedural due process under Wolff v. McDonnell.
• Anderson v. Firestone
  499 F. Supp. 1027· N.D. Fla.· 1980-10-10
  The court held that Florida's refusal to allow substitution of an independent presidential candidate's actual vice-presidential nominee for a surrogate name on the ballot violated equal protection.
• Levan v. Benny Fullington
  612 F.2d 386· 8th Cir.· 1980-01-08 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the district court properly declined to withdraw the issue of the police chief's liability from the jury, as the jury could have found the arresting officer acted on his own initiative.
• Gibson v. Dixon
  579 F.2d 1071· 7th Cir.· 1978-07-25 ·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the bank's actions in repossessing and selling the plaintiff's automobile, even when utilizing state statutory procedures, did not constitute state action under 42 U.S.C. § 1983.
• Hernandez v. Phelps Dodge Ref. Corp.
  572 F.2d 1132· 5th Cir.· 1978-05-15
  The court held that the trial court's findings of fact and conclusions of law were fully supported by the evidence, and the defendant did not discriminate against the plaintiff based on his Spanish surname.
• McCRAY v. Sullivan
  559 F.2d 292· 5th Cir.· 1977-09-16 ·via 42 U.S.C. § 1983 Action
• Buck v. Ohio Court OF Appeals
  554 F.2d 766· 6th Cir.· 1977-04-29 ·via 42 U.S.C. § 1983 Action
  The court affirmed the dismissal of the federal action, finding no due process violation and that federal courts cannot exercise appellate jurisdiction over state court judgments.
• Krasnow v. The Va. Polytechnic Inst. & State of Va.
  551 F.2d 591· 4th Cir.· 1977-03-21
  The court held that the university rules prohibiting unlawful drug use or possession and criminal conduct by students do not violate the Due Process Clause of the Fourteenth Amendment.
• Davis v. Benny Fisher
  546 F.2d 66· 5th Cir.· 1977-01-26 ·via § 1983
  The court held that a prisoner's pro se claim of unpaid labor sufficiently states a constitutional claim, while denial of counsel requires habeas corpus and exhaustion of state remedies.
• Rodriguez v. Conagra, Inc.
  527 F.2d 540· 1st Cir.· 1976-01-08 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the former employees' claims under 42 U.S.C. § 1983 failed because the employers' actions did not constitute state action, a prerequisite for such claims.
• Leavy Campbell v. Cousins
  524 F.2d 925· 5th Cir.· 1975-12-12 ·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the district court's findings were not clearly erroneous and that the prisoner's due process claims were foreclosed by case law limiting the retroactive application of Wolff v. McDonnell.
• Goldberg v. Arrow Elecs., Inc.
  512 F.2d 1258· 2d Cir.· 1975-03-25 ·via 42 U.S.C. § 1983 Action
  The court held that New York Business Corporation Law § 623(e) is a rational scheme and does not violate due process, even when a merger is abandoned after a shareholder dissents.
• McKENNA v. Fargo
  510 F.2d 1179· 3d Cir.· 1975-02-11 ·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the district court erred in dismissing the case for lack of federal subject matter jurisdiction and that the appeal was not moot.
• Gandy v. Panama City
  505 F.2d 630· 5th Cir.· 1974-12-23 ·via 42 U.S.C. § 1983 Action
  The court held that the handcuffing and transport of a juvenile for traffic offenses, under the given facts, did not constitute a constitutional violation actionable under § 1983, and affirmed summary judgment for the arresting officer.
• Binner v. Callahan
  500 F.2d 36· 4th Cir.· 1974-07-19
  The court affirmed the lower court's judgment, agreeing with its findings of fact and conclusions of law.
• Shumate v. The Bd. OF Educ. OF the Cnty. OF Jackson
  478 F.2d 233· 4th Cir.· 1973-05-04
  A public school teacher denied employment solely for exercising constitutional free speech rights is entitled to relief under 42 U.S.C. § 1983, even if the contract was not formally renewed.
• Gipe v. Dempsey
  451 F.2d 1309· 9th Cir.· 1971-11-05 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the officers' entry into the residence was lawful and the jury's findings of breach of peace and no excessive force were supported by evidence.
• Pruitt v. Campbell
  429 F.2d 642· 4th Cir.· 1970-07-16 ·via 42 U.S.C. § 1983 Action
  Federal courts are prohibited by 28 U.S.C. § 2283 from enjoining state court proceedings, and habeas corpus is the proper remedy for post-conviction relief, not declaratory judgment.
• Mon C. Allen v. Miss. Comm'n OF LAW Enf't
  424 F.2d 285· 5th Cir.· 1970-04-07
  The court held that the district judge did not abuse his discretion in denying the preliminary injunction because granting it would cause extreme injury to appellees and negligible injury to appellants, whose rights could be protected by a final decision.
• Schroeder v. State OF Ill.
  354 F.2d 561· 7th Cir.· 1965-11-02
  The court held that the district court correctly dismissed the case for want of jurisdiction, as the plaintiffs' claims did not present a federal question or a basis for federal court review of state court proceedings.
• Reed v. Pearson
  306 F.2d 690· 5th Cir.· 1962-08-06