42 U.S.C. § 1983 Action

1,015 Florida cases classified under this topic, plus 1,841 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Eclophia Smith, Jr. v. Marcantonio
  910 F.2d 500· 8th Cir.· 1990-08-06 ·cited 14×·via 42 U.S.C. § 1983 Liability
  Prison officials are entitled to qualified immunity when their conduct does not violate clearly established rights and they did not know or should not have known their conduct violated such rights.
• Fruit v. Norris
  905 F.2d 1147· 8th Cir.· 1990-06-11 ·cited 14×
  The court held that the dismissal of the Eighth Amendment claim was improper because the inmates presented sufficient evidence of a prima facie violation, including dangers beyond toxic gases, to survive a Rule 41(b) dismissal.
• Wisniewski v. Kennard
  901 F.2d 1276· 5th Cir.· 1990-05-29 ·cited 14×·via 42 U.S.C. § 1983 (Excessive Force)
  A material issue of fact exists regarding the use of excessive force, which should have precluded summary judgment.
• Marine ONE, Inc. v. Manatee Cnty.
  898 F.2d 1490· 11th Cir.· 1990-04-25 ·cited 14×
  Revocation of permits for activities on public land does not constitute a taking of property because the permit holder lacks a protectable property interest.
• Bressman v. Hal Farrier
  900 F.2d 1305· 8th Cir.· 1990-04-19 ·cited 14×
  The court held that claims seeking restoration of good-time credits must generally be brought as habeas corpus petitions, requiring exhaustion of state remedies, while claims for damages or declaratory relief not affecting confinement length may proceed under § 1983.
• Somerset House, Inc. v. Turnock
  900 F.2d 1012· 7th Cir.· 1990-04-16 ·cited 14×
  The court held that the pre-deprivation procedures provided by the Nursing Home Care Reform Act, including notice and an opportunity to respond, were sufficient to satisfy due process requirements for issuing a conditional license and placing a facility on a list of violators. Te
• Eugene D. v. Karman
  889 F.2d 701· 6th Cir.· 1989-11-13 ·cited 14×
  Officials are not personally liable for allowing state wards to be physically abused by foster parents because the law regarding their duty to protect is not clearly established for foster care.
• Eugenia Rodriguez v. Avita
  871 F.2d 552· 5th Cir.· 1989-05-01 ·cited 14×·via 42 U.S.C. § 1983 Claim Against Municipality
  A municipality cannot be held liable under 42 U.S.C. § 1983 for a single incident of alleged police misconduct stemming from inadequate training, absent evidence of a pattern of similar incidents or widespread incompetence.
• Williams-El v. Johnson
  872 F.2d 224· 8th Cir.· 1989-04-05 ·cited 14×
  The court held that the trial court erred in directing a verdict for the jailer Johnson, as reasonable minds could differ on the use of force and the claim presented a substantive due process violation. The court affirmed directed verdicts for other defendants, finding insufficie
• The Va. Hosp. Ass'n v. Baliles
  868 F.2d 653· 4th Cir.· 1989-02-22 ·cited 14×
  The court held that the Virginia Plan's reimbursement procedures for Medicaid patients create an enforceable right under the Medicaid Act, actionable via § 1983, and that the Act's enforcement mechanisms do not foreclose this private judicial remedy.
• McCONNEY v. The City OF Houston
  863 F.2d 1180· 5th Cir.· 1989-01-23 ·cited 14×·via 42 U.S.C. § 1983 Liability
  A municipal policy does not need to be unconstitutional in itself to support Section 1983 liability if the policy causes a predicate unconstitutional act.
• W. Martin Haskell, M.D. v. Wash. Twp.
  864 F.2d 1266· 6th Cir.· 1988-12-20 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the defendants waived their statute of limitations defense by failing to raise it in their initial responsive pleading. The court also found that the district court's rulings on standing were conflicting and that the Rule 41(b) dismissal was subject to a clear
• Perez v. Simmons
  884 F.2d 1136· 9th Cir.· 1988-10-26 ·cited 14×
  The court held that a search warrant is required to enter a third party's home to arrest a suspect, even if the suspect is a guest, unless exigent circumstances exist. The court also held that the claim against the City for inadequate training must be retried under the 'deliberat
• Mathis v. Hood
  851 F.2d 612· 2d Cir.· 1988-07-14 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the petitioner had exhausted state remedies to the extent they were available and effective, and that the state's delay in deciding his appeal violated his due process rights.
• Pollock v. Marshall
  845 F.2d 656· 6th Cir.· 1988-05-02 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Action
  A prison regulation requiring inmates to keep their hair within set limits is constitutional, even if it conflicts with an inmate's religious beliefs, if it is reasonably related to legitimate penological interests.
• Pliska v. City OF Stevens Point
  823 F.2d 1168· 7th Cir.· 1987-07-14 ·cited 14×
  The court held that the district court correctly applied res judicata to bar constitutional challenges to the ordinances, and that the jury's finding of reasonable suspicion for the investigatory stop was supported by sufficient evidence.
• Scrivner v. Andrews
  816 F.2d 261· 6th Cir.· 1987-04-20 ·cited 14×·via 42 U.S.C. § 1983 Cause Of Action
  The Adoption Assistance Act does not create a federal statutory right to "meaningful visitation" enforceable under 42 U.S.C. § 1983, and the mother's due process claim failed as she ultimately received a hearing.
• Ochoa Realty Corp. v. Faria
  815 F.2d 812· 1st Cir.· 1987-04-06 ·cited 14×
  The court held that the appeal of the remand order is unreviewable, the claims for equitable relief were moot, and the damage claims were premature due to failure to exhaust state remedies.
• Carlson v. Conklin
  813 F.2d 769· 6th Cir.· 1987-03-12 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a state official's placement of a prisoner in a halfway house, which led to the prisoner assaulting a member of the public, was too remote a consequence to establish a deprivation of constitutional rights under 42 U.S.C. § 1983.
• Palmer v. City OF Decatur
  814 F.2d 426· 7th Cir.· 1987-03-12 ·cited 14×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that dismissing a pro se, incarcerated plaintiff's case with prejudice for failure to obtain counsel and respond to a motion within a short timeframe, without adequate notice, constituted an abuse of discretion.
• Sullivan v. The City OF Pittsburgh
  811 F.2d 171· 3d Cir.· 1987-01-23 ·cited 14×·via Section 1983
  The court held that the federal plaintiffs had standing, the district court did not err in refusing to abstain, the statute of limitations did not bar the claims, and the district court did not violate the Full Faith and Credit Act.
• Delmus Punton v. The City OF Seattle
  805 F.2d 1378· 9th Cir.· 1986-12-09 ·cited 14×
  The Washington state court judgment reinstating Punton and awarding back pay does not preclude him from bringing a separate § 1983 action for damages and attorney's fees.
• Monaghan v. Deakins
  798 F.2d 632· 3d Cir.· 1986-07-31 ·cited 14×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that Younger abstention did not require dismissal of the plaintiffs' claims for damages and return of property, but affirmed the denial of a preliminary injunction.
• Freeman v. Blair
  793 F.2d 166· 8th Cir.· 1986-06-04 ·cited 14×
  The court held that the officials were not entitled to absolute immunity for decisions to inspect without a warrant or for license suspensions, and that the law regarding warrantless administrative searches and due process for license suspensions was clearly established, thus den
• Crossman v. MacCoccio
  792 F.2d 1· 1st Cir.· 1986-05-21 ·cited 14×
  The court held that a judgment is final for appeal purposes even if costs and attorney's fees have not been determined, especially when such fees are collateral to the main action.
• Sharpley v. C.W. Davis
  786 F.2d 1109· 11th Cir.· 1986-04-15 ·cited 14×·via Section 1983
  Federal courts must give full faith and credit to state court judgments, precluding litigation of issues that were or could have been raised in state proceedings.
• Checki v. Webb
  785 F.2d 534· 5th Cir.· 1986-03-24 ·cited 14×
  The court held that the claim arose in both the Eastern and Middle Districts of Louisiana, making venue proper in the Eastern District where the suit was filed.
• DeNARDO v. Murphy
  781 F.2d 1345· 9th Cir.· 1986-01-30 ·cited 14×
  The court held that the plaintiff's civil rights claim was barred by the statute of limitations and affirmed the district court's injunction against relitigating the claim.
• Scarpa v. Murphy
  782 F.2d 300· 1st Cir.· 1986-01-28 ·cited 14×
  The court held that the postal service's delay constituted excusable neglect or good cause for extending the time to file a notice of appeal.
• Walje v. The City OF Winchester
  773 F.2d 729· 6th Cir.· 1985-09-30 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that general damages are available for violations of substantive constitutional rights, even without proof of actual injury, and that attorney fee awards must be explained with sufficient specificity.
• Gearhart v. Thorne
  768 F.2d 1072· 9th Cir.· 1985-08-13 ·cited 14×
  The court held that an Oregon state employee's internal grievances regarding personal matters and performance evaluations do not constitute constitutionally protected speech or property interests, and that the employee received adequate due process through grievance procedures.
• Hibma v. Odegaard
  769 F.2d 1147· 7th Cir.· 1985-07-30 ·cited 14×
  The court held that the evidence of sexual assault should have been admitted and that the foreseeability of such assault is a jury question, not a matter of law for superseding cause.
• Crawford v. Edmonson
  764 F.2d 479· 7th Cir.· 1985-06-13 ·cited 14×·via 42 U.S.C. § 1983 Liability
  The court held that the trial court did not abuse its discretion in admitting evidence of the deceaseds' prior misconduct and the testimony of a robbery victim, nor did it err in denying a motion for a directed verdict on liability for the shooting of one of the deceaseds.
• Steinle v. Warren
  765 F.2d 95· 7th Cir.· 1985-06-13 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court properly granted summary judgment because the appellant failed to produce admissible evidence creating a genuine issue of material fact and the claim was time-barred. The court also affirmed the award of attorney fees and expenses.
• Aki Saad El'amin v. Pearce
  750 F.2d 829· 10th Cir.· 1984-12-21 ·cited 14×
  The district court improperly dismissed the claim of excessive force by prison officers, as it made factual findings beyond the scope of the Martinez inquiry. However, the dismissal of the claim for denial of medical treatment was proper, as a mere difference of opinion or medica
• DeLANCY v. Caldwell
  741 F.2d 1246· 10th Cir.· 1984-08-29 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Action
  A prisoner's claim for damages due to an excessive delay in obtaining a trial transcript is not mooted by the subsequent provision of the transcript.
• Pinto v. Nettleship
  737 F.2d 130· 1st Cir.· 1984-06-21 ·cited 14×·via 42 U.S.C. § 1983 Liability
  Summary judgment for the defendant superintendent was proper because the plaintiffs failed to raise a genuine issue of material fact regarding his personal involvement in the deprivation of the decedent's constitutional rights, as liability under § 1983 requires personal action o
• Woodard v. LOS Fresnos Indep. Sch. Dist.
  732 F.2d 1243· 5th Cir.· 1984-05-29 ·cited 14×·via Section 1983
  A high school student's request for corporal punishment instead of suspension, even if a deviation from school rules, does not constitute a denial of constitutional rights if state courts provide adequate remedies.
• Benson v. Scott
  7th Cir.· 1984-05-09 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that material questions of fact exist regarding Benson's due process claim, precluding summary judgment and requiring remand.
• Neola N. Howard v. Fortenberry
  723 F.2d 1206· 5th Cir.· 1984-02-02 ·cited 14×·via 42 U.S.C. § 1983 Liability
  Summary judgment for most defendants is affirmed, but reversed and remanded for the Director of Corrections and the sanitarians due to disputed material facts regarding their duties and potential breaches.
• Darline J. Anderson and James Q. Anderson v. Boyd
  714 F.2d 906· 9th Cir.· 1983-08-30 ·cited 14×
  Parole officials are absolutely immune for quasi-judicial functions like granting or revoking parole, but not for the knowing dissemination of false information to outside parties.
• Vela v. White
  703 F.2d 147· 5th Cir.· 1983-04-18 ·cited 14×·via 42 U.S.C. § 1983 Liability
  The court affirmed the district court's findings, holding that some plaintiffs were unlawfully arrested without probable cause and deprived of due process, while others were lawfully arrested or their claims failed.
• Powell v. Shopco Laurel Co. & Robert K. Skeen
  678 F.2d 504· 4th Cir.· 1982-05-18 ·cited 14×·via 42 U.S.C. § 1983 Liability
  A private employer cannot be held liable under 42 U.S.C. § 1983 solely on the basis of respondeat superior.
• Engblom v. Carey
  677 F.2d 957· 2d Cir.· 1982-05-03 ·cited 14×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the Third Amendment's protection against quartering troops extends to individuals with a lawful occupation or possession interest in a house, not just fee simple owners. It also held that while the state's emergency justified summary eviction without pre-depri
• Blake v. Hall
  668 F.2d 52· 1st Cir.· 1981-12-18 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court erred in finding no constitutional violations regarding cell block conditions and the New Man's Section, and that inmate conduct does not absolve the prison administration of its responsibility to maintain constitutional conditions.
• Dommer v. Crawford
  653 F.2d 289· 7th Cir.· 1981-07-07 ·cited 14×·via 42 U.S.C. § 1983 Liability
  The court held that the prosecuting attorney cannot be held liable under 42 U.S.C. § 1983 for unlawful detention exceeding 24 hours because Indiana law vests the duty to bring arrestees before a magistrate within statutory limits solely with the city police, not the prosecutor.
• Leggett v. Strickland
  640 F.2d 774· 5th Cir.· 1981-03-27 ·cited 14×
  The court held that the plaintiffs' Section 1983 action was time-barred because the complaint was not filed within the applicable two-year statute of limitations and the tolling statute did not apply.
• Tatum v. Sheriff Jake Houser
  642 F.2d 253· 8th Cir.· 1981-03-06 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the district court's judgment, finding that while the lower court erred in two of its three grounds for dismissal, the factual finding regarding the plaintiff's credibility was not clearly erroneous.
• Staten v. Hous. Auth. OF THE City OF Pittsburgh
  638 F.2d 599· 3d Cir.· 1980-11-25 ·cited 14×
  The court held that a local housing authority receiving federal funding is not automatically an "agency" of the United States immune from attorneys' fees awards under 28 U.S.C. § 2412. It also held that the district court must apply the "special circumstances" standard when consi
• Jerry v. Francisco
  632 F.2d 252· 3d Cir.· 1980-10-14 ·cited 14×·via 42 U.S.C. § 1983 Liability
  The court held that the magistrate applied an incorrect standard in dismissing the prisoner's claims against the warden and that the prisoner's motion for additional witnesses should be reevaluated.