§ 1983 Suit

41 Florida cases classified under this topic · sorted by citation count · browse and sort

• Coy Ray Campbell v. Beto
  460 F.2d 765· 5th Cir.· 1972-04-18 ·cited 93×
  The court held that the district court erred in refusing to docket the prisoner's suit, dismissing it without an opportunity for evidence, and denying an in forma pauperis appeal.
• Smith v. Robbins
  454 F.2d 696· 1st Cir.· 1972-01-18 ·cited 48×
  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
• Hewitt v. City OF Truth OR Consequences
  758 F.2d 1375· 10th Cir.· 1985-04-04 ·cited 38×
  The court held that ordinary negligence can support a § 1983 suit, but the facts presented could also support a finding of gross negligence or wanton conduct.
• Nationwide Amusements, Inc. v. Nattin
  452 F.2d 651· 4th Cir.· 1971-12-09 ·cited 38×
  The court held that the district court erred in dismissing the case on the merits when it was before the court only on a motion for a preliminary injunction, without adequate notice to the parties.
• Joan W. v. City OF Chicago
  771 F.2d 1020· 7th Cir.· 1985-08-26 ·cited 35×
  The court held that while the plaintiff's counsel's "Golden Rule" argument was improper, it was not reversible error given the trial court's actions. However, the jury's $112,000 damage award was found to be excessive.
• Cruz v. W. B. (Bill) Hauck
  475 F.2d 475· 5th Cir.· 1973-03-08 ·cited 28×
  Prison regulations must not unreasonably invade a prisoner's access to the courts without persuasive governmental justification.
• Williams v. The Dade Cnty. Sch. Bd.
  441 F.2d 299· 5th Cir.· 1971-04-05 ·cited 28×
  A 30-day school suspension, in addition to an initial 10-day suspension, requires the "rudiments of an adversary hearing" to satisfy due process. An informal meeting to explain a decision already made is insufficient.
• Brooks v. Britton
  669 F.2d 665· 11th Cir.· 1982-03-01 ·cited 26×
  The court held that the appellant's failure to file a motion for an extension of time to file the notice of appeal rendered any implicit finding of excusable neglect ineffectual.
• Hughes v. Chesser
  731 F.2d 1489· 11th Cir.· 1984-04-30 ·cited 20×
  A state probation officer is entitled to absolute immunity from civil damages when preparing and submitting a presentence report.
• Swietlowich v. Cnty. OF Bucks & Twp. of Bristol & Harry Merker & Sgt. Stanley Martin & Sgt. Walter Hughes & Patrolman H. J. McDonough
  620 F.2d 33· 3d Cir.· 1980-04-28 ·cited 20×
  A party is not entitled to attorney's fees under 42 U.S.C. § 1988 unless they are a prevailing party who has essentially succeeded on a claim.
• Criss v. The City OF Kent
  867 F.2d 259· 6th Cir.· 1988-12-28 ·cited 19×
  The court held that the district court did not err in granting summary judgment, as probable cause existed for the arrest and no duty to investigate further was constitutionally required.
• Berman v. Fla. Bd. OF BAR Exam'rs
  794 F.2d 1529· 11th Cir.· 1986-07-25 ·cited 15×
  The District Court correctly determined it lacked subject matter jurisdiction over a § 1983 suit challenging a state court's denial of a bar admission application.
• Echols v. Sullivan
  521 F.2d 206· 5th Cir.· 1975-10-16 ·cited 14×
  The court held that the district court's judgment must be vacated and remanded because it failed to make adequate findings of fact and conclusions of law as required by Rule 52(a).
• Redner v. Citrus Cnty.
  919 F.2d 646· 11th Cir.· 1990-12-18 ·cited 12×
  The court held that the district court properly abstained from deciding the constitutionality of Ordinance 88-05 due to pending state criminal proceedings, but erred in abstaining from deciding the constitutionality of Ordinance 88-06.
• Fulford v. King
  692 F.2d 11· 5th Cir.· 1982-11-22 ·cited 12×
  The court held that requiring prisoners in an extended lockdown unit to wear full restraints and a 'black box' during transport outside the prison does not violate the Eighth or Fourteenth Amendments.
• Vasquez v. Patrolman Robert Fleming
  617 F.2d 334· 3d Cir.· 1980-02-13 ·cited 12×
  The Federal Rules of Appellate Procedure, not the Virgin Islands Code, apply to appeals from the Virgin Islands district courts, meaning attorney fees are not automatically recoverable as costs under local law.
• Sullivan v. Sgt. Ford
  609 F.2d 197· 5th Cir.· 1980-01-04 ·cited 11×
  Confiscation of inmate's money in excess of $15, found hidden, was reasonable and did not violate due process.
• Wilson v. Zarhadnick
  534 F.2d 55· 5th Cir.· 1976-06-28 ·cited 10×
  A district court cannot grant class action injunctive relief on an individual complaint when class relief is not sought and no basis for it is established. A non-indigent inmate is not constitutionally entitled to state-provided legal research materials.
• Robinson v. Jefferson Cnty. Bd. OF Educ.
  485 F.2d 1381· 5th Cir.· 1973-10-23 ·cited 10×
  A non-tenured teacher does not have a constitutionally protected property interest in continued employment absent a statute or contract requiring cause for dismissal. The school board's decision not to renew the contract was not a violation of constitutional rights.
• Gilbert v. Collins
  905 F.2d 61· 5th Cir.· 1990-06-19 ·cited 6×
  The court held that a magistrate's dismissal of a prisoner's excessive force claim, based on unauthenticated hearsay and improperly disregarding the prisoner's testimony, was erroneous.
• Thompson v. Crispus NIX
  897 F.2d 356· 8th Cir.· 1990-03-01 ·cited 6×
  The court held that factual errors in a magistrate's report, adopted by the district court without objection, constitute plain error requiring vacation and remand.
• Russell v. Millsap
  781 F.2d 381· 5th Cir.· 1985-12-27 ·cited 6×
  The court held that the district court did not err in dismissing the pro se § 1983 suit as frivolous and in awarding attorneys' fees to the defendants.
• Friedlander v. Joseph Cimino, M.D.
  520 F.2d 318· 2d Cir.· 1975-07-09 ·cited 6×
  The court held that the complaint sufficiently alleged purposeful discrimination to establish a substantial federal question, thus reversing the dismissal.
• Tex. Catastrophe Prop. Ins. Ass'n v. Morales
  975 F.2d 1178· 5th Cir.· 1992-10-28 ·cited 4×
  The court held that the Texas Catastrophe Property Insurance Association (CATPOOL) possesses a constitutional right to retain its own counsel in civil matters, and the statutory amendment forcing it to use the Attorney General violated this right.
• James v. Warden Alfred and Lieutenant Gilmore
  835 F.2d 605· 5th Cir.· 1988-01-14 ·cited 4×
  The court held that the district court did not err in dismissing the pro se § 1983 suit as frivolous under 28 U.S.C. § 1915(d).
• Washington v. Duffy Breaux
  782 F.2d 553· 5th Cir.· 1986-02-14 ·cited 4×
  The court held that the appellant's section 1983 suit was properly dismissed as untimely filed because the initial filing in a state appellate court without proper service did not interrupt the statute of limitations.
• Patterson v. Hopkins
  481 F.2d 640· 5th Cir.· 1973-06-14 ·cited 4×
  The court held that the trial judge's decree prescribing jail practices and facilities was an acceptable disposition, denying monetary damages.
• Napier v. Preslicka
  331 F.3d 1189· 11th Cir.· 2003-05-27 ·cited 2×
  The panel's interpretation of 42 U.S.C. § 1997e(e) to bar prisoner lawsuits for mental or emotional injury suffered during prior, unrelated arrests is an unjustified expansion of the statute. This interpretation conflicts with the PLRA's purpose, legislative history, and prior ci
• Hall v. Lombardi
  996 F.2d 954· 8th Cir.· 1993-06-29 ·cited 2×
  The court held that prison officials are not entitled to qualified immunity when they arbitrarily delay an inmate's release from administrative segregation after all criteria for release have been met and approved, as this violates clearly established law.
• Morgan v. Woessner
  997 F.2d 1244· 9th Cir.· 1993-06-10 ·cited 2×
  The court held that the interpretation of the Supreme Court's decision in Pacific Mutual Life Ins. Co. v. Haslip regarding due process in punitive damages review is flexible and case-specific, not requiring states to adopt Alabama's exact procedures.
• Ambus v. Granite Bd. OF Educ.
  995 F.2d 992· 10th Cir.· 1993-06-07 ·cited 2×
  Utah school districts are not arms of the state for Eleventh Amendment purposes and are therefore not immune from suits in federal court under 42 U.S.C. § 1983.
• Whiting v. Kirk
  960 F.2d 248· 1st Cir.· 1992-03-30 ·cited 2×
  The dissenting judge believes the officials' actions were not objectively reasonable, despite the majority's reliance on qualified immunity.
• Cooper v. Petray
  854 F.2d 301· 8th Cir.· 1988-08-16 ·cited 2×
  The court held that genuine issues of material fact exist regarding the defendants' entitlement to qualified immunity, precluding summary judgment.
• Holt v. Dunn
  741 F.2d 169· 8th Cir.· 1984-08-21 ·cited 2×
  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.
• Ryan v. Mansfield State Coll.
  677 F.2d 354· 3d Cir.· 1982-05-04 ·cited 1×
  The court held that because the plaintiff did not prevail in his underlying constitutional claim, he is not entitled to attorney's fees under 42 U.S.C.A. § 1988.
• Jackson v. Dixon
  N.D. Fla.· 2024-07-12
  The court held that a plaintiff's refusal to comply with court orders, even if based on a belief that venue is improper, warrants dismissal under Federal Rule of Civil Procedure 41(b).
• Dicks v. Whitehead
  N.D. Fla.· 2023-03-27
  A section 1983 suit challenging an unconstitutional search and seizure does not necessarily imply an unlawful conviction, but the complaint is dismissed for failure to disclose previous lawsuits.
• Thompson v. Walbran
  990 F.2d 403· 8th Cir.· 1993-04-02
  A prosecutor is entitled to absolute prosecutorial immunity for claims arising from conduct during a criminal prosecution and for retaining evidence. A FOIA claim for damages against an individual is not cognizable.
• Leopold Lee Pedraza v. Dalton G. Meyer
  919 F.2d 317· 5th Cir.· 1990-12-17
  The court affirmed dismissal of most claims but vacated and remanded the Eighth Amendment inadequate medical attention claim for a hearing and trial.