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

• Goldie's Bookstore, Inc. v. The Superior Court OF the State OF Cal.
  739 F.2d 466· 9th Cir.· 1984-08-03 ·cited 42×·via Section 1983
  The court should have abstained from hearing the case due to important state interests implicated in the unlawful detainer proceedings.
• Clulow v. State OF Okla.
  700 F.2d 1291· 10th Cir.· 1983-02-22 ·cited 42×·via 42 U.S.C. § 1983 Action
  The court held that the district court correctly dismissed the plaintiff's claims, affirming the dismissal of Counts One through Four as time-barred and Count Five for lack of jurisdiction and immunity, and Count Six for failure to state a claim.
• In re The Justices OF the Supreme Court OF Puerto RICO
  695 F.2d 17· 1st Cir.· 1982-12-08 ·cited 42×·via 42 U.S.C. § 1983 Action
  The court held that the Justices of the Supreme Court of Puerto Rico are entitled to a writ of mandamus to dismiss claims against them regarding membership and dues statutes, as they act as neutral adjudicators and no case or controversy exists. However, the Puerto Rico Bar Assoc
• Bronze Shields, Inc. v. The NEW Jersey Dep't OF Civil Serv.
  667 F.2d 1074· 3d Cir.· 1981-12-01 ·cited 42×·via Discrimination Under 42 U.S.C. § 1983
  The court held that Title VII charges filed after the 180-day period following the promulgation of a discriminatory eligibility roster, but before the roster's use for hiring, were untimely. The court also held that claims under 42 U.S.C. § 1981 require proof of intentional discr
• Parker v. Cook
  642 F.2d 865· 5th Cir.· 1981-04-17 ·cited 42×·via 42 U.S.C. § 1983 Action
  The court held that while the conditions of administrative segregation at Glades Correctional Institution violated due process, a statewide injunction was inappropriate due to lack of factual development regarding other institutions and the plaintiff's specific challenge.
• Wright v. State OF Tenn.
  628 F.2d 949· 6th Cir.· 1980-08-11 ·cited 42×
  The Sixth Circuit en banc held that the 180-day notice requirement under the ADEA is not a jurisdictional prerequisite, allowing for equitable tolling, and overruled prior precedent to the contrary.
• Fisher v. Flynn
  598 F.2d 663· 1st Cir.· 1979-05-08 ·cited 42×
  The court held that the plaintiff failed to allege sufficient facts to state a claim for sex discrimination, specifically lacking a nexus between alleged romantic advances and her termination.
• Stengel v. Belcher
  522 F.2d 438· 6th Cir.· 1975-09-16 ·cited 42×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that an off-duty police officer acting within the scope of his duties, even if exceeding his authority, acts under color of state law for purposes of 42 U.S.C. § 1983, and that the trial court did not err in admitting medical records or excluding evidence of prior
• Wellner v. Minn. State Junior Coll. Bd.
  487 F.2d 153· 8th Cir.· 1973-10-23 ·cited 42×·via 42 U.S.C. § 1983 Action
• United States ex rel. Burwell L. Jones v. Bundle
  453 F.2d 147· 3d Cir.· 1971-12-28 ·cited 42×
  The court held that summary judgment was improperly granted because genuine issues of material fact existed regarding the prisoner's religious freedom claim.
• Brady v. Town OF Colchester
  863 F.2d 205· 2d Cir.· 1988-12-01 ·cited 41×
  The court held that the Bradys presented sufficient evidence to create a genuine issue of material fact regarding their equal protection and substantive due process claims, requiring reversal of summary judgment on those claims.
• Citizens FOR A Better Gretna v. City OF Gretna
  834 F.2d 496· 5th Cir.· 1987-12-23 ·cited 41×
  The court held that the district court's finding of a Voting Rights Act Section 2 violation was not clearly erroneous, affirming the injunction against Gretna's at-large election system.
• Bennett v. Tucker
  827 F.2d 63· 7th Cir.· 1987-08-11 ·cited 41×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in granting summary judgment, as neither laches nor untimeliness barred the plaintiffs' due process claims, and the Eleventh Amendment and indispensable party arguments were also without merit.
• Majid Ghaidan Al-Khazraji v. Saint Francis Coll.
  784 F.2d 505· 3d Cir.· 1986-03-03 ·cited 41×
  The court held that ethnic Arabs can sue under Section 1981 for racial discrimination and that Al-Khazraji's Section 1981 claim was timely filed under the six-year statute of limitations, but his Title VII claim was untimely.
• Knoll v. Springfield Twp. Sch. Dist.
  699 F.2d 137· 3d Cir.· 1983-01-27 ·cited 41×·via 42 U.S.C. § 1983 Action
  The court denied the petition for rehearing, with a dissent arguing the panel erred in finding the six-month limitations period inconsistent with 42 U.S.C. § 1983.
• Garris v. Rowland
  678 F.2d 1264· 5th Cir.· 1982-06-24 ·cited 41×·via 42 U.S.C. § 1983 Action
  The court held that the jury's finding of no probable cause supported the Fourth Amendment violation claim, but Officer Rowland was entitled to qualified immunity due to jury findings of good faith. Municipal liability was not established without proof of a policy or custom.
• Pauk v. The Bd. OF Trs. OF the City Univ. OF NEW York
  654 F.2d 856· 2d Cir.· 1981-07-22 ·cited 41×·via 42 U.S.C. § 1983 Action
  The limitations period for actions under 42 U.S.C. § 1983 is governed by N.Y. C.P.L.R. § 214(2), which applies to liabilities imposed by statute.
• Hayes v. Thompson
  637 F.2d 483· 7th Cir.· 1980-12-18 ·cited 41×·via Violation Of Due Process Rights Under 42 U.S.C. § 1983
  Prison officials are not entitled to immunity from monetary damages if the constitutional right infringed was clearly established and they knew or should have known of the right and their conduct violated it.
• Maiorana v. MacDONALD
  596 F.2d 1072· 1st Cir.· 1979-04-18 ·cited 41×
  Summary judgment for all defendants was proper because the plaintiff's counteraffidavits failed to raise a genuine issue of material fact regarding the officers' good faith and reasonable belief that deadly force was necessary.
• Harper v. Robert Cserr, M.D.
  544 F.2d 1121· 1st Cir.· 1976-11-19 ·cited 41×
  The court held that the complaint, alleging a voluntary patient's suicide due to the superintendent's wanton neglect, could potentially state a federal cause of action under 42 U.S.C. § 1983, and thus should not have been dismissed for failure to state a claim.
• DOE v. Charleston Area Med. Ctr., Inc.
  529 F.2d 638· 4th Cir.· 1975-11-06 ·cited 41×·via 42 U.S.C. § 1983 Action
  The court held that the hospital's policy of prohibiting abortions, based on an unconstitutional state statute, constituted state action and that denying such abortions caused irreparable injury, warranting injunctive relief.
• Virdie L. Smith v. Brookshire Bros., Inc.
  519 F.2d 93· 5th Cir.· 1975-09-15 ·cited 41×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the store's actions, in conjunction with the police, constituted acting under color of law, making them liable under 42 U.S.C. § 1983.
• Melvin Perry and next friend v. Jones
  506 F.2d 778· 5th Cir.· 1975-01-20 ·cited 41×
  The court held that while federal claims for false arrest and violation of constitutional rights were properly dismissed, the district court erred in not submitting the state law claim for false imprisonment to the jury under pendent jurisdiction.
• Blackburn v. Fisk Univ.
  443 F.2d 121· 6th Cir.· 1971-05-28 ·cited 41×
  The court held that the students' allegations did not establish sufficient state action to support a claim under 42 U.S.C. § 1983, nor did they sufficiently allege a conspiracy under 42 U.S.C. §§ 1985(3), 1986, and 1988.
• Schmelz v. Monroe Cnty.
  954 F.2d 1540· 11th Cir.· 1992-02-19 ·cited 40×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  A guardian sued Monroe County jail officials under 42 U.S.C. § 1983 for injuries sustained by an inmate who attempted suicide while in custody, claiming failure to provide safe care and inadequate training. The Eleventh Circuit affirmed summary judgment for the sheriff on the pol
• Johnston v. Harris Cnty. Flood Control Dist.
  869 F.2d 1565· 5th Cir.· 1989-04-17 ·cited 40×·via § 1983
  The court held that Johnston's attorneys were not subject to disqualification, the denial of a continuance was not an abuse of discretion, and Johnston could pursue remedies under both Title VII and § 1983 for retaliation.
• Peters v. The City OF Shreveport
  818 F.2d 1148· 5th Cir.· 1987-05-26 ·cited 40×
  The court held that the city's reliance on a state statute did not qualify as a "factor other than sex" exception under the Equal Pay Act because sex played a part in the wage differential, even if not a significant one. The court also found that the Secretary of Labor's interpre
• Dwyer v. Regan
  777 F.2d 825· 2d Cir.· 1985-11-21 ·cited 40×
  The court held that while the complaint adequately alleged a property interest, it did not sufficiently allege a request for a pretermination hearing, and thus remanded to allow amendment. The court also noted that Regan's actions were not random or unauthorized as per Parratt/Hu
• Livas v. Petka
  711 F.2d 798· 7th Cir.· 1983-07-07 ·cited 40×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  A public prosecutor may dismiss an assistant for political reasons if political considerations are an appropriate requirement for the effective performance of the office, as assistants implement the prosecutor's policies and serve society as their client.
• Smith v. Honorable Max E. Bacon
  699 F.2d 434· 8th Cir.· 1983-02-10 ·cited 40×·via 42 U.S.C. § 1983 Action
  The court held that while judges are immune from suit and equitable relief is inappropriate, public defenders may be sued under § 1983 if they conspire with judges, and the allegations here were sufficient to allow the suit to proceed.
• Williams v. Thomas
  692 F.2d 1032· 5th Cir.· 1982-12-06 ·cited 40×·via Section 1983
  The court affirmed the compensatory damages award but reversed the attorney's fees award, remanding for recalculation and holding the fees are payable by the County. The good faith defense on the § 1983 claim was not decided as recovery was affirmed on the state claim.
• Smith v. Fulton Rabalais, Jr.
  659 F.2d 539· 5th Cir.· 1981-10-15 ·cited 40×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that prison officials did not abuse their discretion in refusing to provide an inmate with specific details of charges based on confidential informants, balancing prison security against the inmate's due process rights.
• Helms v. Hewitt
  655 F.2d 487· 3d Cir.· 1981-06-30 ·cited 40×
  The court held that the plaintiff's segregation in administrative custody infringed a protected liberty interest, and the reliance on hearsay testimony in the disciplinary hearing violated due process.
• Moore v. Tangipahoa Parish Sch. Bd.
  594 F.2d 489· 5th Cir.· 1979-05-07 ·cited 40×
  The court held that a school board can be sued under § 1983 and that Eleventh Amendment immunity does not bar back pay awards against locally controlled school boards. It also affirmed the district court's findings of discrimination and violations of desegregation standards for m
• Nolin v. Douglas Cnty.
  903 F.2d 1546· 11th Cir.· 1990-06-26 ·cited 39×·via Section 1983
  The court held that the district court did not abuse its discretion in denying a late motion to amend the complaint, excluding employment guidelines due to lack of authentication, and granting a directed verdict for the defendants on due process and emotional distress claims.
• United States v. The State OF Ala.
  828 F.2d 1532· 11th Cir.· 1987-10-06 ·cited 39×
  The court held that the district court's order requiring submission of a remedial plan was a final, appealable order under 28 U.S.C. § 1291, and that the judge's prior legislative involvement and his children's membership in the plaintiff class did not warrant disqualification.
• MAY v. Evansville-Vanderburgh Sch. Corp.
  787 F.2d 1105· 7th Cir.· 1986-04-01 ·cited 39×
  Public employees do not have a constitutional right to use employer premises for meetings unrelated to their work, even if the meetings occur during non-work hours.
• Sparkman v. McFARLIN
  601 F.2d 261· 7th Cir.· 1979-05-02 ·cited 39×
  The court held that a private person can be liable under 42 U.S.C. § 1983 for conspiring with an immune state judge, provided the conspiracy is alleged with particularity. The opinion emphasizes that conclusory allegations are insufficient and require factual support demonstratin
• Shaw v. McCORKLE
  537 F.2d 1289· 5th Cir.· 1976-08-30 ·cited 39×·via 42 U.S.C. § 1983 Action
  The court held that a civil rights action against state officials and their surety for injuries sustained during an arrest is governed by Mississippi's six-year statute of limitations for contract actions, not the one-year statute for intentional torts.
• Smith v. Cherry
  489 F.2d 1098· 7th Cir.· 1973-11-27 ·cited 39×
  The court held that plaintiffs sufficiently alleged deprivation of rights under the Constitution and Civil Rights Act, reversing the dismissal of their complaint.
• Eslinger v. Lovick Oliphant Thomas
  476 F.2d 225· 4th Cir.· 1973-03-28 ·cited 39×
  State legislators are immune from suit under the Speech or Debate Clause, and a clerk acted in good faith, precluding damages. However, a Senate resolution denying females the position of page solely based on sex violates the Equal Protection Clause.
• Quincy A. Williams v. Correctional Officer Radford
  64 F.4th 1185· 11th Cir.· 2023-04-04 ·cited 38×·via 42 U.S.C. § 1983 (Excessive Force)
  The Eleventh Circuit held that the district court erred in granting summary judgment on two of the plaintiff's retaliation claims against Captain Scarpati, but affirmed summary judgment on the third retaliation claim.
• Johnson v. City of Miami Beach
  18 F.4th 1267· 11th Cir.· 2021-11-19 ·cited 38×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that a reasonable jury could find that Officer Aguila used excessive force and committed battery by forcibly striking an arrestee who was secured, not resisting, and not posing a threat, and thus summary judgment was improperly granted.
• Sureshbhai Patel v. City of Madison
  959 F.3d 1330· 11th Cir.· 2020-05-27 ·cited 38×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that genuine issues of material fact remain regarding whether Officer Parker used excessive force, precluding summary judgment based on qualified immunity.
• Sims v. Mulcahy
  902 F.2d 524· 7th Cir.· 1990-05-09 ·cited 38×
  The court affirmed the district court's judgment, finding no abuse of discretion in evidentiary rulings and that jury instructions adequately covered the plaintiff's claims.
• Fleming v. Cnty. OF Kane
  898 F.2d 553· 7th Cir.· 1990-03-27 ·cited 38×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not abuse its discretion in excluding evidence regarding the propriety of the Orchard Road project, and affirmed the denial of the motion for a new trial, but modified the damages award for lost wages.
• Friedel v. City OF Madison
  832 F.2d 965· 7th Cir.· 1987-10-13 ·cited 38×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the plaintiffs failed to present sufficient evidence to create a genuine dispute of material fact regarding intentional discrimination, and thus summary judgment for the defendants was appropriate.
• Roberts v. The City OF Troy & Forrest O. Fisher
  773 F.2d 720· 6th Cir.· 1985-09-30 ·cited 38×
  The court's majority opinion, which this concurrence agrees with, likely found that the Parratt-Beebe analysis for procedural due process claims was inapplicable to deprivations of life, and that the conduct was not random and unauthorized, nor was there an adequate post-deprivat
• Hollins v. Powell
  773 F.2d 191· 8th Cir.· 1985-09-11 ·cited 38×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that a mayor's actions, when taken under the authority of his office, can represent official policy, making the municipality liable under § 1983. The court also found that the damage awards were excessive and ordered a remittitur.
• Kelson v. The City OF Springfield
  767 F.2d 651· 9th Cir.· 1985-08-02 ·cited 38×
  Parents possess a constitutionally protected liberty interest in the companionship and society of their child, actionable under 42 U.S.C. § 1983.