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

• Gurish v. Gerald T. McFAUL Sheriff
  801 F.2d 225· 6th Cir.· 1986-09-15 ·cited 8×
  The court held that the Loudermill decision should be applied retroactively and that the record was insufficient to determine if the plaintiff received constitutionally adequate pretermination procedures.
• Deretich v. Off. OF Admin. Hearings
  798 F.2d 1147· 8th Cir.· 1986-08-13 ·cited 8×·via 42 U.S.C. § 1983 Liability
  The court held that the district court did not err in denying motions for judgment notwithstanding the verdict or a new trial, nor in dismissing the First Amendment and Section 1985 claims, and that res judicata properly barred certain due process claims.
• Boston Env't Sanitation Inspectors Ass'n & John Curry v. City OF Boston
  794 F.2d 12· 1st Cir.· 1986-06-26 ·cited 8×·via § 1983
  The court held that appellants' federal claims were properly dismissed because they failed to avail themselves of adequate state remedies and because mere violations of state statutes or contracts do not constitute a deprivation of due process under § 1983.
• Morris v. Morrow
  783 F.2d 454· 4th Cir.· 1986-02-11 ·cited 8×
  The Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) mandates that North Carolina use the "$6,000/6% rule" as a methodology for determining Medicaid eligibility because it is part of the Supplemental Security Income (SSI) eligibility criteria.
• Bartholomew v. Fischl
  782 F.2d 1148· 3d Cir.· 1986-02-07 ·cited 8×·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiff's complaint against the city was improperly dismissed for failure to state a claim and that the lawsuit was not time-barred under the retroactively applied Wilson v. Garcia decision.
• Yates v. Jamison
  782 F.2d 1182· 4th Cir.· 1986-02-03 ·cited 8×
  The court held that the plaintiffs' due process claim must be dismissed because they have an adequate postdeprivation remedy under state law, specifically an action for inverse condemnation.
• Naegele Outdoor Advertising Co. OF Louisville v. Moulton
  773 F.2d 692· 6th Cir.· 1985-09-23 ·cited 8×
  The court held that Kentucky campaign finance statutes do not grant exclusive investigative jurisdiction to the Registry of Election Finance, nor do they create a protected liberty interest that requires due process before law enforcement can investigate alleged violations.
• Thibodeaux v. Elton A. Arceneaux
  768 F.2d 737· 5th Cir.· 1985-08-19 ·cited 8×·via 42 U.S.C. § 1983 Liability
  The court held that the clerk of court was not liable under 42 U.S.C. § 1983 because there was no evidence of direct participation or causal connection between her actions and the plaintiff's arrest.
• Lloyd v. Page
  474 So. 2d 865· Fla. 1st DCA· 1985-08-14 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  Winston Lloyd, proceeding pro se, appealed a trial court's dismissal of his § 1983 civil rights action against the Nassau County Property Appraiser for lack of subject matter jurisdiction. The Florida District Court of Appeal reversed, holding that state courts have concurrent ju
• Walker v. Prisoner Review Bd.
  769 F.2d 396· 7th Cir.· 1985-07-26 ·cited 8×
  Prisoner Review Board members are absolutely immune from damages for denying access to parole files, and the mere presence of newspaper articles in a parole file does not violate due process.
• Neary v. R.L. Dugger
  766 F.2d 456· 11th Cir.· 1985-07-22 ·cited 8×
  The court held that a pro se prisoner's § 1983 complaint alleging seizure of property pursuant to established institutional policy, without a meaningful post-deprivation hearing, sufficiently states a claim under Parratt v. Taylor.
• Krison v. Nehls
  767 F.2d 344· 7th Cir.· 1985-07-11 ·cited 8×
  The court held that a federal court must give preclusive effect to a prior state court judgment under the Full Faith and Credit Statute, 28 U.S.C. § 1738, if the state proceedings afforded a full and fair opportunity to litigate the claim, even if the claim involves a federal due
• Webb v. Arresting Officers
  749 F.2d 500· 8th Cir.· 1984-12-04 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the compensatory damage award but remanded for a determination of punitive damages, as the district court failed to make specific findings on the latter.
• Greene v. Morgan M. Finley
  749 F.2d 467· 7th Cir.· 1984-12-03 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a criminal trial, even if later overturned on jurisdictional grounds, provides sufficient process when the underlying facts are undisputed and directly relate to the employee's fitness for public service, thus negating the need for a separate termination heari
• Tyler v. Milt Harper
  744 F.2d 653· 8th Cir.· 1984-09-28 ·cited 8×
  The court held that the district court correctly applied collateral estoppel to bar the relitigation of claims that were fully and fairly litigated in state court, and that any procedural errors were harmless.
• Minneapolis Auto Parts Co., Inc. v. The City OF Minneapolis
  739 F.2d 408· 8th Cir.· 1984-07-31 ·cited 8×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that a prior state court action seeking coercive relief, not merely declaratory relief, has the same claim preclusive effect as a full judgment on the merits, barring a subsequent federal § 1983 damages action.
• Smith v. N. La. Med. Review Ass'n
  735 F.2d 168· 5th Cir.· 1984-06-28 ·cited 8×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that plaintiffs failed to establish a constitutionally protected property interest in the Waiver of Liability (WOL) presumption and that the NLMRA, as a federal entity, could not be sued under 42 U.S.C. § 1983 for state action.
• Annunziato v. THE GAN, Inc.
  744 F.2d 244· 2d Cir.· 1984-06-26 ·cited 8×·via 42 U.S.C. § 1983 Liability
  The dissenting judge would affirm the award of attorney's fees, finding the appellees to be prevailing parties who succeeded on a significant issue through settlement, and that The Gan became a state actor by actively defending the suit.
• Jordan v. The City OF Lake Oswego
  734 F.2d 1374· 9th Cir.· 1984-06-08 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiff received constitutionally adequate process before termination, balancing his property interest against the city's need for efficient resolution of conflicts.
• Ass'n FOR Reduction OF Violence v. Hall
  734 F.2d 63· 1st Cir.· 1984-05-09 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a grant of summary judgment based on privileged documents, which were not discoverable by the non-moving party, must be vacated and remanded.
• Clark v. T.V. Beville
  730 F.2d 739· 11th Cir.· 1984-04-23 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the evidence was sufficient to support the jury's verdict for actual and punitive damages, and that the district court did not err in denying summary judgment.
• John L. Vakas, M.D. v. Paul Rodriquez, M.D.
  728 F.2d 1293· 10th Cir.· 1984-03-07 ·cited 8×
  The court affirmed the district court's dismissal, finding no private cause of action under the Fourteenth Amendment and upholding the immunity of the Board members acting in a quasi-judicial capacity. Attorney fees were denied as the plaintiff's claims were not deemed frivolous.
• Smith v. Detroit Bd. OF Educ.
  728 F.2d 359· 6th Cir.· 1984-02-29 ·cited 8×
  The court held that the district court, not the court of appeals, is the proper forum to initially address applications for attorney fees under 42 U.S.C. § 1988, even for appellate services.
• Modesto Cruz v. Donnelly
  727 F.2d 79· 3d Cir.· 1984-02-10 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  Private parties cannot be held liable under 42 U.S.C. § 1983 for participating in a police investigation unless there is a pre-arranged plan or conspiracy where the police subordinate their judgment to the private parties.
• Worley v. J.D. Sharp
  724 F.2d 862· 10th Cir.· 1983-12-21 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court erred in relying on reports from the Oklahoma Department of Health for dismissal, as Martinez v. Aaron did not authorize investigations by outside agencies.
• Drayton v. Robinson
  719 F.2d 1214· 3d Cir.· 1983-10-17 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that while state regulations may create a liberty interest in remaining in general prison population, the Supreme Court's intervening decision in Hewitt v. Helms requires reconsideration of whether the process afforded met due process requirements.
• Lucero v. Ogden
  718 F.2d 355· 10th Cir.· 1983-10-04 ·cited 8×
  The court held that Colorado Rule of Civil Procedure 217, which precludes review of bar examination results but allows unlimited retakes, satisfies the due process clause of the Fourteenth Amendment.
• McKEE v. Heggy
  703 F.2d 479· 10th Cir.· 1983-03-29 ·cited 8×·via Section 1983
  The court held that the notice provided to Mr. McKee before the sale of his car was insufficient to satisfy due process requirements, and that summary judgment for defendant Heggy was improperly granted.
• Abdollah Gashgai, M.D. v. Rayna Leibowitz
  703 F.2d 10· 1st Cir.· 1983-03-24 ·cited 8×
  The court held that the plaintiff's 42 U.S.C. § 1983 action is time-barred because the most analogous state statute of limitations is two years, applicable to defamation and 'false light' invasion of privacy claims. The court affirmed the dismissal of the action.
• Coleman v. Faulkner
  697 F.2d 1347· 10th Cir.· 1982-12-08 ·cited 8×
  A section 1983 claim is stated if a plaintiff alleges that a state-provided remedy for property deprivation is constitutionally insufficient due to indigence and inability to access counsel.
• Richmond R. Allen and Jesse W. Nicholson v. Basil C. Burke, Jr.
  690 F.2d 376· 4th Cir.· 1982-09-22 ·cited 8×
  Judicial officers are not immune from attorney fee awards under 42 U.S.C. § 1988 when prospective relief is properly granted against them. The awarded fees were reasonable.
• Robertson v. Rogers
  679 F.2d 1090· 4th Cir.· 1982-06-04 ·cited 8×
  The court held that the appellant failed to assert a constitutionally protected property or liberty interest in his continued employment sufficient to invoke due process safeguards.
• Ambassador Coll. v. Geotzke
  675 F.2d 662· 5th Cir.· 1982-05-06 ·cited 8×
  Principles of preclusion prevent a federal court from entertaining a § 1983 complaint if the issues have already been finally resolved against the complainant in a state court of competent jurisdiction.
• COE v. United States Dist. Court FOR the Dist. OF Colo.
  676 F.2d 411· 10th Cir.· 1982-04-21 ·cited 8×
• Chambers v. Marsh
  675 F.2d 228· 8th Cir.· 1982-04-14 ·cited 8×
  The court held that Nebraska's legislative prayer practice, involving a paid chaplain of a single denomination and the publication of prayers, violates the Establishment Clause of the First Amendment.
• Spears v. Chandler
  672 F.2d 834· 11th Cir.· 1982-04-05 ·cited 8×
  The district court's dismissal of the prisoner's action for want of prosecution was erroneous because it was based on an incorrect ruling that the court lacked authority to issue a writ of habeas corpus ad testificandum.
• Wright v. Gentry Crowell
  674 F.2d 521· 6th Cir.· 1982-03-19 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the prisoner's claims were moot and that a pro se litigant is not entitled to attorney fees under 42 U.S.C. § 1988.
• Moss v. State OF Ga.
  655 F.2d 668· 5th Cir.· 1981-09-11 ·cited 8×
  Federal courts are barred by the Tax Injunction Act from hearing suits challenging state ad valorem taxes if a plain, speedy, and efficient state remedy exists.
• Franklin v. Webb
  653 F.2d 362· 8th Cir.· 1981-07-16 ·cited 8×
  The court held that while a prisoner must exhaust state remedies for claims challenging the fact or duration of confinement, a claim for damages under section 1983 is not subject to the same exhaustion requirement and may be subject to a statute of limitations issue.
• Olson v. Klecker
  642 F.2d 1115· 8th Cir.· 1981-03-11 ·cited 8×
  The court held that the inmate's cell search was constitutional and affirmed the district court's dismissal of his claims.
• Wilson v. Thompson
  638 F.2d 799· 5th Cir.· 1981-03-02 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court did not abuse its discretion in denying a federal injunction against state criminal proceedings because the appellants failed to prove bad faith prosecution.
• Jamieson v. Robinson
  641 F.2d 138· 3d Cir.· 1981-02-12 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  A state prisoner's claim that a particular institution lacks a work release program does not violate the Equal Protection Clause, as prison administrators have discretion in establishing such programs based on reasonable policy decisions.
• State OF Mo. ex rel. Minnie E. T. Gore v. R. Dean Wochner, M.D.
  620 F.2d 183· 8th Cir.· 1980-04-15 ·cited 8×·via 42 U.S.C. § 1983 Violations
  The court held that violations of state law or city regulations, without infringement of federally protected rights, do not state a claim under 42 U.S.C. § 1983.
• Martinez v. Rosado
  614 F.2d 829· 2d Cir.· 1980-01-23 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the inmate's verified complaint sufficiently controverted the defendants' affidavits to raise triable issues of fact regarding an alleged beating by a prison guard, precluding summary judgment.
• Hall v. Lieutenant John Ashley
  607 F.2d 789· 8th Cir.· 1979-10-18 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the jury verdict and instructions were so confusing and inconsistent that the issue of prevailing party status for attorney fees could not be decided, requiring a new trial.
• Taylor v. Sterrett
  600 F.2d 1135· 5th Cir.· 1979-08-16 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court should discontinue its retained jurisdiction and dismiss the case because the original objectives of the lawsuit have been accomplished and state mechanisms now exist to address jail conditions.
• Olitsky v. O'Malley
  597 F.2d 303· 1st Cir.· 1979-04-30 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court did not abuse its discretion in refusing to award attorney's fees to the defendants because the plaintiffs' civil rights action was not frivolous, unreasonable, or groundless.
• Silvia v. Laurie
  594 F.2d 892· 1st Cir.· 1979-03-21 ·cited 8×
  The court held that an untimely appeal must be dismissed, as timely filing is a jurisdictional prerequisite.
• Hubert Richard Lewis alias Charles Stanley v. Bragan
  576 F.2d 678· 5th Cir.· 1978-07-17 ·cited 8×
  The court held that the district court erred in dismissing the pro se prisoner's complaint without requiring an answer or evidentiary hearing.
• Ahrens v. Sheriff Thomas J. Thomas
  570 F.2d 286· 8th Cir.· 1978-02-17 ·cited 8×
  The court held that while the district court properly mandated constitutional standards for the existing jail, it impermissibly intruded into state prison administration by prescribing specific construction standards for a new jail and retaining jurisdiction over its construction