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

• Cartier v. Lussier
  955 F.2d 841· 2d Cir.· 1992-02-05 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court erred in denying summary judgment based on qualified immunity, as the corrected warrant affidavit still supported probable cause.
• Russo v. City OF Cincinnati
  953 F.2d 1036· 6th Cir.· 1992-01-15 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  The City may be held liable for failure to adequately train its police officers in the use of deadly force against mentally disturbed individuals if the failure amounts to deliberate indifference.
• Cusson-Cobb v. O'Lessker
  953 F.2d 1079· 7th Cir.· 1992-01-15 ·cited 8×
  The court held that a plaintiff alleging political discrimination in public employment must present specific facts showing the decision-maker knew of their political affiliation, and conclusory allegations are insufficient to survive summary judgment.
• Micolette M. Bruno v. City OF Crown Point
  950 F.2d 355· 7th Cir.· 1991-11-27 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  Although an employer may ask applicants questions regarding family circumstances, if such questions are asked only of female applicants based on sex stereotypes, the plaintiff must prove the employer actually relied on gender in making the employment decision; here, Bruno failed
• Elks Nat'l Found. v. Weber
  942 F.2d 1480· 9th Cir.· 1991-08-29 ·cited 8×
  Federal district courts lack subject matter jurisdiction over challenges to state court decisions, even if constitutional claims are alleged, and such claims are barred by res judicata if the issues were considered and decided by the state courts.
• Woods v. City OF Mich. City
  940 F.2d 275· 7th Cir.· 1991-08-15 ·cited 8×·via 42 U.S.C. § 1983 Liability
  A state statute creating a right to release does not, by itself, create a federal constitutional right to a pre-deprivation hearing when that right is allegedly violated.
• Lorna Cassady v. Thurman Tackett
  938 F.2d 693· 6th Cir.· 1991-07-24 ·cited 8×·via 42 U.S.C. § 1983 Liability
  The court held that the defendant's actions, while potentially constituting a state law tort, did not rise to the level of a Fourth Amendment seizure because there was no law enforcement interest involved.
• Gilmere v. City OF Atlanta
  931 F.2d 811· 11th Cir.· 1991-05-17 ·cited 8×
  The court held that the district court abused its discretion by failing to provide adequate reasoning for its attorney's fee and cost awards, necessitating a remand for further explanation.
• Simkunas v. Tardi
  930 F.2d 1287· 7th Cir.· 1991-05-03 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the officers were entitled to qualified immunity because reasonable officers could have believed they had probable cause to arrest the plaintiff, even if some evidence was questionable.
• Dixon v. Anderson
  928 F.2d 212· 6th Cir.· 1991-03-21 ·cited 8×
  The court held that the plaintiffs' claim of a continuing violation should have been evaluated by the lower court, and the case was not ripe for summary judgment.
• Marisa A. Soderstrum v. Town OF Grand Isle
  925 F.2d 135· 5th Cir.· 1991-03-06 ·cited 8×
  The court held that the plaintiff received due process and that her First Amendment rights were not violated because her position as secretary to the police chief was confidential and required political loyalty.
• Garner Gregory v. The City OF Rogers
  921 F.2d 750· 8th Cir.· 1990-12-12 ·cited 8×
  The court held that the state's affirmative act of removing the designated driver created a dangerous situation, potentially implicating a due process violation if the officers' conduct was reckless.
• Derstein v. The State OF Kan.
  915 F.2d 1410· 10th Cir.· 1990-09-28 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the employee received adequate procedural due process prior to termination, and thus his discharge did not violate his constitutional rights.
• Foster v. Metro. Airports Comm'n
  914 F.2d 1076· 8th Cir.· 1990-09-20 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  An arresting officer's subjective motive is irrelevant to a Fourth Amendment unlawful arrest claim if probable cause exists for the arrest. The use of force during an arrest is judged by an objective reasonableness standard, considering the totality of the circumstances.
• Dorina Mateyko v. Felix
  913 F.2d 744· 9th Cir.· 1990-09-06 ·cited 8×·via 42 U.S.C. § 1983 Liability
  The court affirmed the trial court's judgment, holding that the appellant failed to present an adequate record for review of certain claims, and that a plaintiff who loses on federal claims and only prevails on a pendent state claim is not a prevailing party for attorney's fees u
• James v. T.G. Sadler
  909 F.2d 834· 5th Cir.· 1990-08-28 ·cited 8×·via 42 U.S.C. § 1983 Liability
  The court held that the district court abused its discretion in denying the motion to amend the complaint to add federal agents and improperly granted summary judgment for the Yazoo City officers regarding the pat-down search, but properly dismissed the negligence claim.
• Baucher v. E. Ind. Prod. Credit Ass'n & William Buchanan
  906 F.2d 332· 7th Cir.· 1990-07-13 ·cited 8×·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiffs failed to establish causation for their due process and conversion claims, and that one plaintiff's appeal was procedurally defective.
• Wilks v. Young
  897 F.2d 896· 7th Cir.· 1990-03-14 ·cited 8×·via 42 U.S.C. § 1983 Liability
  The court held that the jury instructions on Eighth Amendment liability were flawed by failing to include objective knowledge of risk, and that supervisory liability instructions should have been given. However, the state law negligence claim was properly dismissed based on Wisco
• Redman v. Cnty. OF SAN Diego
  896 F.2d 362· 9th Cir.· 1990-02-13 ·cited 8×·via 42 U.S.C. § 1983 Liability
  The court should reverse the directed verdict and allow a jury to determine if the government's conduct amounted to deliberate indifference to the inmate's safety.
• Ellen F. Johnsen, R.N. v. Indep. Sch. Dist. NO. 3 OF Tulsa Cnty.
  891 F.2d 1485· 10th Cir.· 1989-12-19 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiff's speech, considered as a whole, was not constitutionally protected under the Pickering balancing test due to its disruptive effect on the school district's operations and employee relationships.
• Ortiz v. City OF Imperial
  884 F.2d 1312· 9th Cir.· 1989-09-13 ·cited 8×
  The court held that summary judgment was inappropriate for medical personnel who prescribed sedatives for an inmate with a head injury without examination, as this raised a question of deliberate indifference. However, summary judgment was appropriate for other defendants with mi
• City OF DeLAND v. W.J. Lowe
  544 So. 2d 1165· Fla. 5th DCA· 1989-06-15 ·cited 8×
  The City of DeLand appeals a summary judgment that deemed W.J. Lowe's residential-zoned lot to be commercially zoned to conform with his adjacent commercial lots, enjoining residential zoning enforcement. The Florida appellate court reversed, holding that Lowe failed to exhaust a
• Martin v. Guillot
  875 F.2d 839· 11th Cir.· 1989-06-14 ·cited 8×·via Section 1983
  The court held that the university's administrative staff member received adequate procedural due process and that the termination decision was supported by substantial evidence, thus denying reinstatement. The court reversed the contempt finding and sanction against the universi
• Coakley v. Welch
  877 F.2d 304· 4th Cir.· 1989-06-09 ·cited 8×
  The court held that officials are not immune from a suit for injunctive relief seeking reinstatement under the Ex parte Young exception to Eleventh Amendment immunity, as the alleged violation of due process rights constitutes an ongoing violation.
• Cooper v. City OF Ashland
  871 F.2d 104· 9th Cir.· 1989-04-03 ·cited 8×
  The court held that the plaintiff's complaint was timely filed because it was received by the clerk's office before the statute of limitations expired, even considering weekends and holidays.
• Taylor v. Mace Knapp
  871 F.2d 803· 9th Cir.· 1989-03-21 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
• Sprouse v. Babcock
  870 F.2d 450· 8th Cir.· 1989-03-20 ·cited 8×
  The filing of a disciplinary charge against a prisoner, even if otherwise not actionable, is actionable under 42 U.S.C. § 1983 if done in retaliation for the prisoner filing a grievance.
• Grant v. Farnsworth
  869 F.2d 1149· 8th Cir.· 1989-03-15 ·cited 8×
  The court held that the district court did not err in denying the motion in limine, refusing the chiropractor's testimony, directing verdicts on constitutional claims, refusing jury instructions, or awarding attorney fees.
• Natthu S. Parate v. Isibor
  868 F.2d 821· 6th Cir.· 1989-02-17 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that compelling a professor to change a student's grade against his professional judgment violates the First Amendment's protection against compelled speech, even if the university could have administratively changed the grade itself.
• Phillipe Dell Fargo v. City OF SAN Juan Bautista
  857 F.2d 638· 9th Cir.· 1988-09-16 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that a genuine issue of material fact exists as to whether the officer's conduct constituted gross negligence, thus reversing summary judgment on the Fourteenth Amendment claim against him. Summary judgment for other defendants was affirmed.
• Merriman v. Walton
  856 F.2d 1333· 9th Cir.· 1988-09-07 ·cited 8×
  The court held that a reasonable police officer, knowing the facts available to Deputy Walton, could not have believed there was probable cause for Merriman's warrantless arrest, thus denying qualified immunity.
• Birdsell v. Bd. OF Fire & Police Comm'rs OF the City OF Litchfield
  854 F.2d 204· 7th Cir.· 1988-08-02 ·cited 8×
  The court held that the district court erred in granting a directed verdict on the due process claim, as Birdsell presented sufficient evidence that he was not adequately notified that the meeting was a termination hearing.
• Ikerd v. Lacy
  852 F.2d 1256· 10th Cir.· 1988-07-28 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the trial court did not abuse its discretion in dismissing the complaint without prejudice and imposing sanctions, including attorney's fees, for the appellant's attorney's failure to attend a scheduling conference.
• Shabazz v. Coughlin
  852 F.2d 697· 2d Cir.· 1988-07-27 ·cited 8×
  The court held that prison officials were entitled to qualified immunity because the unconstitutionality of prison regulations restricting group prayer and prayer in a prison yard was not clearly established at the time of the plaintiff's discipline.
• Frost v. Hawkins Cnty. Bd. OF Educ.
  851 F.2d 822· 6th Cir.· 1988-07-12 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiff failed to demonstrate a deprivation of federal rights under 42 U.S.C. § 1983, and therefore, the district court erred in denying the Board's motion for judgment notwithstanding the verdict.
• Parker v. Dist. OF Columbia
  850 F.2d 708· D.C. Cir.· 1988-06-17 ·cited 8×·via 42 U.S.C. § 1983 Liability
  The court affirmed the jury's verdict, holding that a municipality can be liable under 42 U.S.C. § 1983 for deliberate indifference to systemic and grossly inadequate training, discipline, and supervision of its officers, provided there is a causal connection to the harm suffered
• Royal Feaster v. Miksch
  846 F.2d 21· 6th Cir.· 1988-05-02 ·cited 8×
  When a federal damages action requires resolving issues that will determine the outcome of pending state criminal proceedings, federal courts must abstain under Younger v. Harris.
• Milo Holt v. Artis
  843 F.2d 242· 6th Cir.· 1988-03-30 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court's jury instructions, even if imperfect, did not constitute reversible error mandating a new trial, particularly absent objection.
• José Luis Romero Feliciano v. Hon. Jaime Torres Gaztambide
  836 F.2d 1· 1st Cir.· 1988-02-23 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court did not abuse its discretion in granting a preliminary injunction, finding a likelihood of success on the merits of a political discrimination claim and irreparable harm.
• Franklyn H. Craft v. Wipf
  836 F.2d 412· 8th Cir.· 1987-12-30 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  State officials are not entitled to qualified immunity for retaliating against cabin owners for asserting their constitutional rights, but they are entitled to qualified immunity for alleged due process and equal protection violations regarding permit termination and rent increas
• HAY v. Waldron
  834 F.2d 481· 5th Cir.· 1987-12-22 ·cited 8×
  The court held that the denial of injunctive relief regarding the strip search policy was proper, but the denial concerning retaliatory or discriminatory application of policies must be reversed and remanded.
• Dale v. Janklow
  828 F.2d 481· 8th Cir.· 1987-09-10 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court correctly granted motions for a directed verdict, finding that the officers' use of force was objectively reasonable given the circumstances and Dale's threats.
• Heath v. Cast
  813 F.2d 254· 9th Cir.· 1987-03-24 ·cited 8×
  The court held that while the trial court erred in seating an alternate juror by lot, the error was harmless. It also held that the state court's suppression ruling did not have preclusive effect and that the evidentiary rulings were not abuses of discretion.
• Archie v. Christian
  812 F.2d 250· 5th Cir.· 1987-03-17 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  A plaintiff is entitled to nominal damages for a civil rights violation even without proof of actual injury, and the court modified the judgment to award one dollar in nominal damages.
• Guzman v. City OF Cranston
  812 F.2d 24· 1st Cir.· 1987-02-25 ·cited 8×·via 42 U.S.C. § 1983 Liability
  A supervisory official cannot be held liable under 42 U.S.C. § 1983 solely based on the actions of their subordinates; personal involvement or gross negligence must be alleged.
• Jaxie LEE v. Sheriff Bill Hutson & Cobb Cnty.
  810 F.2d 1030· 11th Cir.· 1987-02-19 ·cited 8×·via Section 1983
  The court held that alleged procedural errors in an administrative hearing, where state remedies exist, do not constitute a federal due process violation. However, a conclusory equal protection claim may survive dismissal.
• Sherrial T. ST. Amant v. Benoit
  806 F.2d 1294· 5th Cir.· 1987-01-07 ·cited 8×
  The court held that the plaintiff's section 1983 claim was time-barred because the April 8, 1982 letter, combined with the city's silence, provided sufficient notice that his transfer request had been denied.
• Maude Lanham v. Whitfield
  805 F.2d 970· 11th Cir.· 1986-12-09 ·cited 8×·via 42 U.S.C. § 1983 Liability
  The court held that the trial court did not abuse its discretion in denying motions for a new trial, excluding evidence, limiting cross-examination, directing a verdict, or denying in forma pauperis status.
• Suggs v. Hon. Anthony M. Brannon
  804 F.2d 274· 4th Cir.· 1986-11-03 ·cited 8×
  The court held that while abstention under Younger v. Harris was proper for injunctive relief due to pending state prosecutions, it did not require dismissal of the § 1983 claims for monetary damages.
• Benjamin v. Malcolm
  803 F.2d 46· 2d Cir.· 1986-09-25 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The Eleventh Amendment does not bar federal courts from issuing injunctive relief against state officials when necessary to remedy violations of federal constitutional rights, even if state law is also implicated.