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

• Johnston v. Lucas
  786 F.2d 1254· 5th Cir.· 1986-04-11 ·cited 10×·via 42 U.S.C. § 1983 Liability
  The court held that liability under the Eighth Amendment for failure to protect inmates requires a showing of deliberate indifference, not mere negligence. The court reversed the judgment against prison officials for the 1981 stabbing due to lack of evidence of deliberate indiffe
• Harris v. Mo. Court OF Appeals
  787 F.2d 427· 8th Cir.· 1986-03-28 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that state courts and their judges are immune from suit under 42 U.S.C. § 1983, and federal courts lack jurisdiction to review state court judgments.
• Brown v. Hous. Auth. OF the City OF McRAE
  784 F.2d 1533· 11th Cir.· 1986-03-25 ·cited 10×
  The dissenting judge would hold that the complaint adequately alleges a § 1983 action because the Housing Act creates enforceable rights for tenants and lacks comprehensive enforcement mechanisms that would preclude § 1983.
• Hendrix v. Matlock
  782 F.2d 1273· 5th Cir.· 1986-02-18 ·cited 10×·via 42 U.S.C. § 1983 (Excessive Force)
  The jury instructions on excessive force were not erroneous because they accurately reflected the established standard for individual officer liability under Section 1983.
• Smith v. Winter
  782 F.2d 508· 5th Cir.· 1986-02-12 ·cited 10×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the claims for injunctive and declaratory relief were moot, but the claim for damages under 42 U.S.C. § 1983 against local appellees for violating First Amendment rights was properly stated.
• Brooks v. Seiter
  779 F.2d 1177· 6th Cir.· 1985-12-30 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court erred in dismissing the prisoners' pro se complaint as frivolous, as it did not appear beyond doubt that they could prove no set of facts entitling them to relief.
• Deck v. Lenzie L. Leftridge, Jr.
  771 F.2d 1168· 8th Cir.· 1985-09-03 ·cited 10×
  The court held that while allegations of conspiracy between public defenders and judges may state a claim under § 1983, the plaintiff's allegations lacked the necessary specificity and factual support to suggest a "meeting of the minds."
• L & H Sanitation, Inc. v. Lake City Sanitation, Inc.
  769 F.2d 517· 8th Cir.· 1985-08-09 ·cited 10×
  The court held that the state action immunity doctrine barred the antitrust claims and that the appellants failed to state a due process claim because they lacked a protected property interest under Arkansas law.
• Rock v. Roy McCOY & the City of Checotah
  763 F.2d 394· 10th Cir.· 1985-06-07 ·cited 10×·via 42 U.S.C. § 1983 Liability
  The court held that a city can be liable under 42 U.S.C. § 1983 for grossly negligent failure to train police officers, and that the jury's award of damages was not excessive.
• Otto Pollnow v. Glennon
  757 F.2d 496· 2d Cir.· 1985-03-12 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  School officials are entitled to qualified immunity if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.
• Shelton v. City OF Coll. Station
  754 F.2d 1251· 5th Cir.· 1985-03-11 ·cited 10×
  Summary judgment was improvidently granted because genuine issues of material fact exist regarding whether the zoning board's denial of a variance was arbitrary and discriminatory, and whether individual defendants were entitled to qualified immunity.
• O'Neal v. City OF HOT Springs Nat'l Park
  756 F.2d 61· 8th Cir.· 1985-02-28 ·cited 10×
  The court held that the city did not violate the employee's substantive or procedural due process rights by terminating her employment after she was charged with armed robbery, and that she was not entitled to damages or attorney fees.
• Chiz's Motel & Rest., Inc. v. Miss. State TAX Comm'n
  750 F.2d 1305· 5th Cir.· 1985-01-21 ·cited 10×
  The Eleventh Amendment, sovereign immunity, and quasi-judicial immunity bar the plaintiff's action in federal court.
• Marshall v. Norwood
  741 F.2d 761· 5th Cir.· 1984-09-14 ·cited 10×·via Section 1983
  A prisoner's claim of negligent or intentional deprivation of property by state officials is not actionable under Section 1983 if the state provides an adequate post-deprivation remedy.
• Holmes v. Jones
  738 F.2d 711· 5th Cir.· 1984-08-20 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiff was collaterally estopped from litigating his federal claims because the issues were actually litigated and decided in a prior state court proceeding.
• Rubie Rogers v. Robert Okin, M.D.
  738 F.2d 1· 1st Cir.· 1984-06-14 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  State law recognition of substantive and procedural rights for involuntarily committed mental patients creates a liberty interest protected under the Fourteenth Amendment, even if those state rights exceed federal constitutional minimums.
• Lumbert v. Morgan M. Finley
  735 F.2d 239· 7th Cir.· 1984-05-16 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a state prisoner's section 1983 action seeking damages and a transcript is not barred by the habeas corpus exclusivity rule, and that the clerk of court fulfilled his statutory duty under Illinois Supreme Court Rule 607(b) by releasing the transcript to a pris
• J.L. Ford v. Allen
  728 F.2d 1369· 11th Cir.· 1984-03-30 ·cited 10×
  The court held that a district court has the statutory authority to impose the entire responsibility for producing a state prison inmate for a federal trial on the U.S. Marshal.
• Arebaugh v. Governor John Dalton
  730 F.2d 970· 4th Cir.· 1984-03-28 ·cited 10×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the district court's grant of summary judgment was premature because the defendants failed to meet their burden of establishing a good faith defense.
• Rowland v. MAD River Local Sch. Dist.
  730 F.2d 444· 6th Cir.· 1984-03-22 ·cited 10×·via 42 U.S.C. § 1983 Liability
  The court held that a school teacher's termination solely for stating her sexual preference, when that statement became a matter of public concern and was found by a jury to be the cause of termination, violates her First and Fourteenth Amendment rights.
• Len Terry Jackson v. Torres
  720 F.2d 877· 5th Cir.· 1983-12-05 ·cited 10×
  A Section 1983 action challenging the duration of confinement must be treated as a habeas corpus matter and requires exhaustion of federal habeas corpus remedies.
• Howell v. State BAR OF Tex.
  710 F.2d 1075· 5th Cir.· 1983-08-01 ·cited 10×
• Andrade v. City OF Phoenix & Lawrence Wetzel
  692 F.2d 557· 9th Cir.· 1982-10-12 ·cited 10×
  The court held that the district court, not the agencies, must determine if disciplinary action would have been taken absent the impermissible ground, and that the Mt. Healthy standard is inappropriate if no constitutional right is implicated.
• Mozell and Delores Brooks v. Walker Cnty. Hosp. Dist.
  688 F.2d 334· 5th Cir.· 1982-10-04 ·cited 10×
  The court held that Pullman abstention was appropriate because the scope of the state constitutional entitlement to free medical services was unclear and required interpretation by Texas courts.
• Friarton Ests. Corp. v. The City OF NEW York
  681 F.2d 150· 2d Cir.· 1982-06-07 ·cited 10×
  The court held that the plaintiffs' claims were barred by res judicata due to prior state court litigation of the same issues, including constitutional claims.
• Hays v. Jefferson Cnty.
  673 F.2d 152· 6th Cir.· 1982-03-10 ·cited 10×
  The court denied petitions for rehearing, concluding the issues were fully considered. The dissenting judges argued the case should have been reconsidered en banc due to significant questions regarding municipal liability standards.
• Hughes v. Blankenship
  672 F.2d 403· 4th Cir.· 1982-03-03 ·cited 10×·via 42 U.S.C. § 1983 Liability
  Police officers are not liable under 42 U.S.C. § 1983 for a shooting death if their actions were not taken pursuant to a government policy or custom, and they individually possess qualified immunity unless they acted with malicious intent or gross negligence.
• Kilcoyne v. Morgan
  664 F.2d 940· 4th Cir.· 1981-11-27 ·cited 10×·via Section 1983
  The court held that deviations from gratuitously provided procedural safeguards do not give rise to a constitutional claim under Section 1983, and that state law breach of contract claims were barred by sovereign immunity as it existed prior to its abrogation.
• Johnson v. Granholm
  662 F.2d 449· 6th Cir.· 1981-11-06 ·cited 10×·via 42 U.S.C. § 1983 Claim For Damages
  Public officials performing quasi-judicial duties and prosecutors are immune from damages under 42 U.S.C. § 1983 for actions within their official scope. A municipal body is not liable for employee actions absent a policy or custom.
• Rose v. Rinaldi
  654 F.2d 546· 9th Cir.· 1981-07-01 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the applicable statute of limitations for a Section 1983 claim in Washington is the three-year period for actions for injury to person or rights not otherwise enumerated, not the two-year period for assault.
• Trujillo v. The State OF Colo.
  649 F.2d 823· 10th Cir.· 1981-05-28 ·cited 10×
  Accepting benefits from a conciliation agreement may waive the right to sue on all claims, but this waiver is only effective if the acceptance was voluntary and knowing.
• Delcambre v. Delcambre
  635 F.2d 407· 5th Cir.· 1981-01-26 ·cited 10×·via 42 U.S.C. § 1983 Liability
  The court affirmed the dismissal of the civil rights action, finding no merit to the claims against the police chief, the town, or the insurance company.
• Aurora O'Neal as Administratrix of Estate of Tyrone O'Neal v. Brinton Esty
  637 F.2d 846· 2d Cir.· 1980-12-23 ·cited 10×
  The court held that the district court erred in excluding testimony regarding an alleged admission by one of the defendant officers that they "beat up" the plaintiff's deceased husband, as this evidence was crucial to the brutality claim.
• Peterson v. Sheran
  635 F.2d 1335· 8th Cir.· 1980-12-05 ·cited 10×
  The court held that federal courts have jurisdiction over constitutional claims arising from state judicial proceedings, but in this case, the appellant's claims were not ripe for review because he failed to present them fully to the state court, and the district court properly a
• Ridley v. Leavitt
  631 F.2d 358· 4th Cir.· 1980-10-17 ·cited 10×
  A pretrial detainee's claim of excessive force is not barred by res judicata or collateral estoppel, even if the detainee was convicted of assaulting jailers.
• Davis v. The United States Dep't OF Hous. & Urban Dev.
  627 F.2d 942· 9th Cir.· 1980-08-25 ·cited 10×
  The court held that the complaint stated grounds for relief against HUD and Pomona officials, reversing the dismissal of claims against them and remanding for further proceedings.
• FOX v. Parker
  626 F.2d 351· 4th Cir.· 1980-07-23 ·cited 10×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the Civil Rights Attorney’s Fees Awards Act of 1976 applies to cases pending on its effective date, but fees cannot be awarded for services related to a voluntarily dismissed appeal because the party was not the "prevailing party" for that portion.
• Lokey v. Richardson
  600 F.2d 1265· 9th Cir.· 1979-07-11 ·cited 10×
  The court held that the appellant's claim for damages was not mooted by his return to minimum custody and that the issue of qualified immunity required further factual development.
• Ball v. Bd. OF Trs. OF the Kerrville Indep. Sch. Dist.
  584 F.2d 684· 5th Cir.· 1978-11-20 ·cited 10×
  The court held that the appellant's claim of a liberty interest violation was insubstantial and frivolous, thus the district court did not err in dismissing the suit.
• Smallwood v. Mo. Bd. of Prob. & Parole
  587 F.2d 369· 8th Cir.· 1978-11-03 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that claims seeking release or sentence reduction must be brought as habeas corpus petitions, requiring exhaustion of state remedies, and cannot be brought under 42 U.S.C. § 1983.
• Lister v. Lucey
  575 F.2d 1325· 7th Cir.· 1978-05-04 ·cited 10×
  The court held that abstention was no longer appropriate and the district court should hear the merits of the damage claims, as the plaintiffs' pursuit of state non-judicial remedies was unduly burdensome and inconsistent with federal policy.
• Wilson v. Zarhadnick
  534 F.2d 55· 5th Cir.· 1976-06-28 ·cited 10×·via § 1983 Suit
  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.
• Sanders v. McCRADY
  537 F.2d 1199· 4th Cir.· 1976-05-24 ·cited 10×
  A claimant must exhaust federal administrative remedies before seeking judicial review, even if the claim involves a state officer and seeks damages not available administratively.
• Masia A. Mukmuk v. Comm'r OF the Dep't OF Corr. Servs.
  529 F.2d 272· 2d Cir.· 1976-01-13 ·cited 10×
  The court held that the plaintiff alleged triable issues of fact regarding constitutional violations, thus defeating summary judgment, but affirmed the denial of leave to file a further amended complaint.
• Colton v. Swain
  527 F.2d 296· 7th Cir.· 1975-12-17 ·cited 10×
  A liability insurer's refusal to defend its insured, even with a no-action clause, estops the insurer from asserting that clause to bar a third-party action to determine coverage before a judgment against the insured. Furthermore, a § 1983 claim can be covered by a policy if its
• Zeller v. Donegal Sch. Dist. Bd. of Educ.
  517 F.2d 600· 3d Cir.· 1975-05-14 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  A school official is immune from liability for compensatory damages in civil rights suits unless they knew or should have known their action violated constitutional rights, or acted with malicious intent.
• Bloeth v. Montanye
  514 F.2d 1192· 2d Cir.· 1975-04-29 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court did not err in granting summary judgment, as the prisoner received sufficient due process for his protective confinement.
• Anonymous J. and Anonymous R. v. The BAR Ass'n OF Erie Cnty. & John B. Walsh
  515 F.2d 435· 2d Cir.· 1975-04-03 ·cited 10×
  The court held that a federal civil rights action under 42 U.S.C. § 1983 is not exempt from the Younger abstention doctrine.
• Mitchell v. W. Feliciana Parish Sch. Bd.
  507 F.2d 662· 5th Cir.· 1975-01-30 ·cited 10×
  The court held that the school board acted in good faith under erroneous court orders and that plaintiffs were not entitled to reinstatement or other remedies.
• Mercado v. Rockefeller
  502 F.2d 666· 2d Cir.· 1974-08-15 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action