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

• Holloway v. Conger
  896 F.2d 1131· 8th Cir.· 1990-02-23 ·cited 12×
  Oral promises regarding employment positions can create an employment contract and an expectation interest under South Dakota law, even if the employment is otherwise at-will.
• Lehnert v. The Ferris Faculty Ass'n
  881 F.2d 1388· 6th Cir.· 1989-08-14 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that union expenditures for lobbying, electioneering, organizing other units, and general public relations are not chargeable to dissenting faculty members in a closed shop.
• del Percio v. Thornsley
  877 F.2d 785· 9th Cir.· 1989-06-09 ·cited 12×
  The court held that the plaintiff's damage claims were barred by the one-year statute of limitations and her claim for injunctive relief was not ripe for adjudication.
• Bolin v. Black
  875 F.2d 1343· 8th Cir.· 1989-05-26 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the evidence was sufficient to support the jury's verdict against supervisory officials for constitutional violations based on deliberate indifference or tacit authorization, and that the jury instructions, when read as a whole, fairly stated the governing law
• Brooks v. Jones
  875 F.2d 30· 2d Cir.· 1989-05-12 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a habeas corpus petitioner need not exhaust state remedies if state court processes have been demonstrably ineffective due to neglect and delay.
• Petru v. City OF Berwyn
  872 F.2d 1359· 7th Cir.· 1989-05-01 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a plaintiff's expectation of appointment to a public employment position, based on an eligibility list and past hiring practices, does not constitute a constitutionally protected property interest. Furthermore, the court held that an appeal from an order deny
• Scotty Grubbs v. Norris
  870 F.2d 343· 6th Cir.· 1989-03-17 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Action
  The dissenting judge believes the district court did not abuse its discretion in denying intervention, even under a bifurcated standard of review.
• Venegas v. Skaggs
  867 F.2d 527· 9th Cir.· 1989-01-31 ·cited 12×
  The court held that the district court abused its discretion in denying the attorney's motion to intervene to confirm a lien for attorney's fees, and that a statutory award under 42 U.S.C. § 1988 does not limit an attorney's entitlement under a contingent fee agreement.
• Ryan v. Burlington Cnty.
  860 F.2d 1199· 3d Cir.· 1988-11-02 ·cited 12×
  State officials are not entitled to qualified immunity when they had sufficient knowledge of jail overcrowding and the inadequacy of their inmate placement system to violate clearly established law regarding pretrial detainees' rights.
• Kersh v. Derozier
  851 F.2d 1509· 5th Cir.· 1988-08-15 ·cited 12×
  The court held that a pro se litigant's ignorance of service rules does not constitute 'good cause' for untimely service, and that a defendant waives the defense of insufficient service of process if not raised in their first responsive pleading. The court also found a pretrial s
• Giarratano v. Murray
  847 F.2d 1118· 4th Cir.· 1988-06-03 ·cited 12×
  The court, in a concurring opinion, expresses doubt about the plaintiffs' standing to prosecute their case due to the consistent provision of counsel in state post-conviction proceedings.
• Henderson Duval Houghton v. Osborne
  834 F.2d 745· 9th Cir.· 1987-12-14 ·cited 12×
• Kladis v. Brezek
  823 F.2d 1014· 7th Cir.· 1987-06-10 ·cited 12×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court did not err in altering the judgment to enter judgment for the defendants on the claim that the plaintiff was not informed of the reasons for his arrest, as no constitutional right requires such notification.
• Young v. Rabideau
  821 F.2d 373· 7th Cir.· 1987-06-01 ·cited 12×
  The court held that the trial court did not err in excluding testimony about prison rules and in admitting limited cross-examination regarding the plaintiff's prior disciplinary record.
• Harllel B. Jones v. Shankland
  800 F.2d 77· 6th Cir.· 1986-09-02 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the appellant's civil rights claims were time-barred by the applicable one-year statute of limitations and that county prosecutors were absolutely immune from suit.
• Anderson v. The State OF Colo. & the Judges of the First Jud. Dist.
  793 F.2d 262· 10th Cir.· 1986-06-12 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Action
  Federal district courts lack jurisdiction to review final state court judgments, even when framed as a civil rights claim.
• Evonne J. NEW v. City OF Minneapolis
  792 F.2d 724· 8th Cir.· 1986-06-04 ·cited 12×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that allegations of intentional excessive force by law enforcement implicate substantive due process rights, regardless of state tort remedies.
• Benjamin v. The City OF Montgomery
  785 F.2d 959· 11th Cir.· 1986-04-02 ·cited 12×
  The court held that police officers dismissed for refusing to waive their Fifth Amendment rights against self-incrimination, even when ordered to testify under threat of dismissal, were unlawfully terminated.
• Rauschenberg v. Williamson
  785 F.2d 985· 11th Cir.· 1986-04-02 ·cited 12×
  The court held that special factors counsel hesitation against allowing a Bivens action for procedural rights violations by a parole officer, and that the plaintiff failed to state claims under Bivens or § 1983.
• Williams v. The City OF Boston
  784 F.2d 430· 1st Cir.· 1986-02-25 ·cited 12×·via 42 U.S.C. § 1983 Liability
  The court held that allegations of simple negligence by state officials do not state a claim for deprivation of liberty without due process of law under 42 U.S.C. § 1983, and claims based on a cover-up also failed to state a claim.
• Arnie Rolf Braafladt v. The Bd. OF Governors OF the Or. State BAR Ass'n
  778 F.2d 1442· 9th Cir.· 1985-12-26 ·cited 12×
  The court held that the district court did not err in denying attorney's fees to a plaintiff whose lawsuit was not the catalyst for the defendant's change in policy.
• Easton v. The City OF Boulder
  776 F.2d 1441· 10th Cir.· 1985-10-28 ·cited 12×·via 42 U.S.C. § 1983 Liability
  The court held that even if an arrest warrant affidavit contains negligent misrepresentations or omissions, it does not automatically invalidate the warrant if probable cause still exists based on the information presented. The court affirmed the directed verdict for the officers
• Four Seasons Apartment v. City OF Mayfield Heights
  775 F.2d 150· 6th Cir.· 1985-10-21 ·cited 12×·via Section 1983
  The court held that plaintiffs' Fifth Amendment taking claim is barred because they failed to utilize available state inverse condemnation procedures, and their Fourteenth Amendment procedural due process claim fails because the permit's rescission was either an unauthorized act
• Shakopee Mdewakanton Sioux Community and Edith Crooks v. City OF Prior Lake
  771 F.2d 1153· 8th Cir.· 1985-08-30 ·cited 12×
  The court held that the annexation of Reservation land was valid under state and federal law, entitling Reservation residents to municipal services and voting rights. The court also modified the attorney fee award, reducing the hourly rate used for calculation.
• Nance B. Hinman v. Lincoln Towing Serv., Inc.
  771 F.2d 189· 7th Cir.· 1985-08-15 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Action
  A commercial relocator's retention of a trespassing vehicle, permitted by state statute until a fee is paid, does not constitute state action for purposes of a due process claim under 42 U.S.C. § 1983.
• Darr v. Wolfe
  767 F.2d 79· 3d Cir.· 1985-07-22 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Action
  Private citizens acting in conspiracy with an immune state official can be sued under 42 U.S.C. § 1983, but the complaint must contain specific factual allegations of conspiracy.
• Wells v. Rushing
  755 F.2d 376· 5th Cir.· 1985-03-04 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court abused its discretion by denying a motion for a trial delay when the defendant police officer disappeared before trial, preventing crucial cross-examination and assessment of demeanor, thus requiring a new trial on claims against the officer
• Beckham v. The NEW York City Hous. Auth.
  755 F.2d 1074· 2d Cir.· 1985-02-19 ·cited 12×
  Local housing authorities can establish a basic 'economic' rent schedule for tenants who fail to timely recertify their income and family composition, even if it exceeds statutory limitations, as the statute does not provide a method for such situations.
• Anna v. Jefferson
  747 F.2d 94· 2d Cir.· 1984-10-23 ·cited 12×
  The appeal is dismissed as moot because the primary election has concluded, rendering the case no longer live and the parties without a personal stake in the outcome.
• Collins v. King
  743 F.2d 248· 5th Cir.· 1984-09-24 ·cited 12×
  A prisoner's claim of a biased tribunal in a disciplinary hearing, absent allegations of constitutionally inadequate state post-deprivation remedies, does not state a procedural due process violation under the Fourteenth Amendment.
• Gero v. Henault
  740 F.2d 78· 1st Cir.· 1984-07-27 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a mistaken arrest based on a facially valid warrant and probable cause, where officers reasonably believed the person arrested was the one sought, does not violate constitutional rights. The court also found that the arrest warrant met the Fourth Amendment's p
• Dorothea E. Yoggerst v. Hedges
  739 F.2d 293· 7th Cir.· 1984-07-23 ·cited 12×
  A public employee's remark expressing personal satisfaction with a supervisor's potential termination, made in a work context, does not constitute speech on a matter of public concern protected by the First Amendment.
• Harris v. T.J. Forsyth and F. Christensen
  735 F.2d 1235· 11th Cir.· 1984-05-22 ·cited 12×
  Confiscation of an inmate's money does not violate civil rights if it is reasonable and non-arbitrary, even without explicit notice of the rule.
• Adams v. Gunnell
  729 F.2d 362· 5th Cir.· 1984-04-13 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Action
  Discipline imposed for signing a prison petition did not violate the First Amendment, but the lack of clear notice that such conduct was prohibited violated due process. The issue of qualified immunity was not properly preserved and requires further determination.
• Earnest Edmond Abbitt v. Franklin
  731 F.2d 661· 10th Cir.· 1984-03-30 ·cited 12×
  The court held that the new rule established in Garcia v. Wilson, which dictates the method for selecting an analogous state statute of limitations for § 1983 claims, should not be retroactively applied to bar the plaintiff's claim due to substantial inequity.
• Arney v. Dep't OF Natural Res.
  448 So. 2d 1041· Fla. 1st DCA· 1983-12-29 ·cited 12×·via 42 U.S.C. § 1983 Liability
  Lawrence Arney appealed a summary judgment dismissing his false arrest, false imprisonment, and malicious prosecution claims against Department of Natural Resources officials following his arrest for failing to report an oil spill. The First District Court of Appeal reversed in p
• Laurenzo v. Miss. High Sch. Activities Ass'n, Inc.
  708 F.2d 1038· 5th Cir.· 1983-07-08 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Action
  A party is not considered a prevailing party under 42 U.S.C. § 1988 solely because they obtained an injunction pending appeal based on a substantial case and balance of equities, without a determination of the merits.
• Turman v. Tuttle
  711 F.2d 148· 10th Cir.· 1983-06-28 ·cited 12×
  A pro se litigant who prevails in a § 1983 action is not entitled to attorney's fees under 42 U.S.C. § 1988.
• Inmates OF the Lincoln Intake AND Detention Facility By Dennis Windes v. Boosalis
  705 F.2d 1021· 8th Cir.· 1983-05-03 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the case was moot because the named plaintiffs' claims became moot before the district court ruled on class certification, and the claims did not fit the 'capable of repetition, yet evading review' exception.
• Jones v. O.D. Gann
  703 F.2d 513· 11th Cir.· 1983-04-18 ·cited 12×
  The court held that res judicata barred claims against the city and mayor, but not against individual defendants Gann, Griffin, and Crane, as their involvement was not shown to have been adjudicated in prior proceedings.
• Rivera v. Marcus
  696 F.2d 1016· 2d Cir.· 1982-12-23 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the state must ensure children's best interests are the foremost consideration when removing them from parental care, and parents must have a fair opportunity to participate in hearings concerning custody.
• Fulford v. King
  692 F.2d 11· 5th Cir.· 1982-11-22 ·cited 12×·via § 1983 Suit
  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.
• Tikalsky v. City OF Chicago
  687 F.2d 175· 7th Cir.· 1982-08-02 ·cited 12×·via Section 1983
  The court held that the district court abused its discretion by granting a new trial based on the reversal of a case that had minimal impact on the jury's deliberations and was not a basis for the jury's verdict.
• Parviz Modaber, M.D. v. Culpeper Mem'l Hosp., Inc.
  674 F.2d 1023· 4th Cir.· 1982-03-24 ·cited 12×
  A private hospital's revocation of a physician's clinical staff privileges is not "state action" under the Fourteenth Amendment, even if the hospital receives federal funding, treats Medicare/Medicaid patients, or reports revocations to state authorities.
• Heille v. The City OF ST. Paul
  671 F.2d 1134· 8th Cir.· 1982-02-26 ·cited 12×·via 42 U.S.C. § 1983 Violations
  The court held that the plaintiff failed to establish the requisite nexus with interstate commerce for his antitrust claims and that his § 1983 claims were also properly dismissed.
• Bradley v. Coughlin
  671 F.2d 686· 2d Cir.· 1982-01-27 ·cited 12×
  The court held that the prisoner's pro se complaint adequately stated claims for damages and that his first notice of appeal was timely and sufficient to confer appellate jurisdiction.
• Johnson v. Parke
  642 F.2d 377· 10th Cir.· 1981-02-26 ·cited 12×
  The court held that the plaintiff's allegations, if true, state a claim for denial of access to the courts under 42 U.S.C. § 1983, and the complaint was improperly dismissed as frivolous.
• Giles M. Lugar v. Edmondson OIL Co., Inc.
  639 F.2d 1058· 4th Cir.· 1981-01-09 ·cited 12×
• Davis v. City OF Abbeville
  633 F.2d 1161· 5th Cir.· 1981-01-08 ·cited 12×
  The court affirmed the attorney's fees award, finding no abuse of discretion despite the district court's failure to explicitly articulate the Johnson factors, as the record indicated consideration and the award was not palpably unreasonable.
• Vasquez v. Patrolman Robert Fleming
  617 F.2d 334· 3d Cir.· 1980-02-13 ·cited 12×·via § 1983 Suit
  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.