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

• Cooper v. Lane
  969 F.2d 368· 7th Cir.· 1992-07-22 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a party waives arguments not presented to the district court in opposition to a summary judgment motion, even if the moving party's submission appears to raise factual issues.
• Amilcar A.J. Marchetti v. Bitterolf
  968 F.2d 963· 9th Cir.· 1992-07-02 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court's stay order was not appealable under the collateral order doctrine, and thus the appeal should be treated as a petition for a writ of mandamus.
• Carleen Bowen v. City OF Manchester
  966 F.2d 13· 1st Cir.· 1992-06-05 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that neither Officer DiSabato nor the City of Manchester or Police Chief King were deliberately indifferent to the risk of Mr. Bowen's suicide, and thus summary judgment for the defendants was appropriate.
• Hill v. Marshall
  962 F.2d 1209· 6th Cir.· 1992-05-01 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court erred in labeling a judgment notwithstanding the verdict as a remittitur and in setting aside the jury's punitive damages award, but affirmed the denial of the defendant's motions regarding liability and compensatory damages.
• Hygh v. Jacobs
  961 F.2d 359· 2d Cir.· 1992-04-09 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that expert testimony stating an officer's conduct was 'totally improper' and 'not justified' crossed the line into legal conclusions, but was harmless error. The court also held that a dismissal 'in the interest of justice' does not constitute a favorable terminat
• Rogaciano Gonzales Mendoza v. Blodgett
  960 F.2d 1425· 9th Cir.· 1992-04-01 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that while the inmate had a state-created liberty interest in the dry cell policy and was denied due process, prison officials were entitled to qualified immunity. The court also held that the inmate did not have a state-created liberty interest in visitation regul
• Chuman v. Wright
  960 F.2d 104· 9th Cir.· 1992-03-27 ·cited 6×·via 42 U.S.C. § 1983 Claim For Damages
  An interlocutory appeal from the denial of qualified immunity divests the district court of jurisdiction to proceed with trial unless the district court certifies the appeal as frivolous or forfeited.
• Frohmader v. Deputy D. Wayne
  958 F.2d 1024· 10th Cir.· 1992-03-12 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the plaintiff presented sufficient evidence of excessive force under the Fourth Amendment's objective reasonableness standard and due process, but failed to present sufficient evidence of serious medical needs for an inadequate medical attention claim.
• Juriss v. McGOWAN
  957 F.2d 345· 7th Cir.· 1992-02-24 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that neither officer is entitled to qualified immunity on the false arrest claim because a reasonable officer would have known that the arrest warrant was not supported by probable cause, given the circumstances and the officers' actions.
• Hill v. Ibarra
  954 F.2d 1516· 10th Cir.· 1992-01-28 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a former AFDC recipient has no enforceable right to have the state agency prioritize collection and distribution of current child support payments if she did not authorize the agency to collect such payments after her benefits ceased.
• Crumpton v. Gates
  947 F.2d 1418· 9th Cir.· 1991-11-04 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  A child may bring a Section 1983 action for the loss of familial companionship resulting from the unconstitutional killing of their parent, even if the child was a fetus at the time of the killing, because the injury to the familial right arises postnatally upon the child's birth
• Early Johnson v. Captain Boreani
  946 F.2d 67· 8th Cir.· 1991-09-26 ·cited 6×
  Summary judgment for defendants was appropriate because they are entitled to qualified immunity, and the plaintiff failed to prove entitlement to injunctive relief.
• Garth Maag v. Wessler
  944 F.2d 654· 9th Cir.· 1991-09-23 ·cited 6×
  The court held that awarding attorneys' fees to prevailing defendants in § 1983 actions requires a finding that the action was frivolous, unreasonable, and without foundation.
• Jiles v. Ingram
  944 F.2d 409· 8th Cir.· 1991-09-05 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that the district court's finding of a Title VII disparate treatment violation against the City was not inconsistent with its finding that individual defendants did not intentionally discriminate, as discrimination by the City could be proven by the actions of its
• Stever v. Indep. Sch. Dist. NO. 625
  943 F.2d 845· 8th Cir.· 1991-09-03 ·cited 6×
  The court affirmed the district court's ruling on three of Stever's claims but dissented on the First Amendment claim regarding retaliatory transfer.
• Jund v. The Town of Hempstead
  941 F.2d 1271· 2d Cir.· 1991-07-26 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that unincorporated associations can be held liable under § 1983 based on authorization or apparent authority of their agents, not requiring proof of membership ratification. Federal law governs this issue, not state law.
• Hidahl v. Gilpin Cnty. Dep't OF Soc. Servs.
  938 F.2d 1150· 10th Cir.· 1991-07-16 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiffs' complaint failed to allege facts sufficient to overcome the defendants' qualified immunity defense, as it did not demonstrate a violation of clearly established constitutional or statutory rights.
• McCORD v. Maggio
  927 F.2d 844· 5th Cir.· 1991-04-02 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiff inmate was subjected to cruel and unusual punishment in violation of the Eighth Amendment due to deplorable prison conditions, and that the defendant official was not entitled to qualified immunity under the circumstances.
• Inmates OF Orient Corr. Inst. v. Ohio State Adult Parole Auth.
  929 F.2d 233· 6th Cir.· 1991-03-26 ·cited 6×
  The court held that Ohio law does not create a constitutionally protected liberty interest in being released on parole at a specific time, even after an 'on or after' date has been set.
• Hughes v. City OF Fort Collins
  926 F.2d 986· 10th Cir.· 1991-02-25 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court did not abuse its discretion in denying sanctions under Rule 11, despite confusing the subjective and objective standards, because it ultimately found a good faith argument for modification of existing law.
• Erdman v. Cochise Cnty.
  926 F.2d 877· 9th Cir.· 1991-02-22 ·cited 6×·via 42 U.S.C. § 1983 Liability
  A Rule 68 Offer of Judgment, once accepted, cannot be rescinded based on the offeror's unilateral mistake regarding the inclusion of attorney fees as 'costs' under 42 U.S.C. § 1988, especially when the offer's language is unambiguous.
• Stewart v. McMANUS
  924 F.2d 138· 8th Cir.· 1991-01-22 ·cited 6×
  The court held that the Interstate Corrections Compact and its implementing contract did not mandate the application of Kansas disciplinary rules to inmates transferred to Iowa, and that the use of flex cuffs during a prison disturbance did not violate the Eighth Amendment.
• Langford v. Gay Lane
  921 F.2d 677· 6th Cir.· 1991-01-03 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
• Jewell v. Cnty. OF Nassau
  917 F.2d 738· 2d Cir.· 1990-10-30 ·cited 6×·via 42 U.S.C. § 1983 Claim For Damages
  A dismissal without prejudice to allow exhaustion of state remedies would time-bar a § 1983 claim if the statute of limitations has run, and a judicial stay, not dismissal, is the proper mechanism to avoid the limitations bar.
• United Ass'n OF Black Landscapers v. City OF Milwaukee
  916 F.2d 1261· 7th Cir.· 1990-10-29 ·cited 6×·via Section 1983
  The court held that summary judgment was properly granted because the plaintiffs failed to establish a prima facie case of disparate impact by identifying specific discriminatory practices, and the individual claims failed to demonstrate pretext or qualification.
• Scott v. Flowers
  910 F.2d 201· 5th Cir.· 1990-08-20 ·cited 6×
  The dissenting judge holds that the plaintiff's section 1983 suit is barred under the rationale of Thomas v. Kadish because the Texas Commission on Judicial Conduct functioned as a court and review was available, and the reprimand was a non-actionable expression of opinion.
• Adams v. Hansen
  906 F.2d 192· 5th Cir.· 1990-07-23 ·cited 6×
  The court held that a prisoner's allegations of significant injury from excessive force, even if not 'severe,' are sufficient to state an Eighth Amendment claim and are not frivolous.
• Gilbert v. Collins
  905 F.2d 61· 5th Cir.· 1990-06-19 ·cited 6×·via § 1983 Suit
  The court held that a magistrate's dismissal of a prisoner's excessive force claim, based on unauthenticated hearsay and improperly disregarding the prisoner's testimony, was erroneous.
• Moreland v. Wharton
  899 F.2d 1168· 11th Cir.· 1990-05-01 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  A district court abuses its discretion by dismissing a prisoner's pro se complaint under 28 U.S.C. § 1915(d) if the complaint states a constitutional claim with an arguable basis in law and fact, without conducting a sufficient inquiry.
• Swift v. Lewis
  901 F.2d 730· 9th Cir.· 1990-04-06 ·cited 6×
  The court held that summary judgment was improper because the prison failed to provide evidence that its grooming policy was reasonably related to legitimate penological interests and that the district court erred in dismissing a damages claim against a private party.
• Blankenship v. Gunter
  898 F.2d 625· 8th Cir.· 1990-03-13 ·cited 6×
  A prison regulation prohibiting inmates from using their trust fund accounts for religious donations is valid if reasonably related to legitimate penological interests, and inmates have alternative means to make such donations.
• Barnard v. Hans Q. Chamberlain
  897 F.2d 1059· 10th Cir.· 1990-03-08 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the Utah Bar Letter was a nonpublic forum and the Bar Commission's refusal to publish the plaintiff's opinion article was not impermissible viewpoint-based discrimination, thus not violating the plaintiff's First Amendment rights.
• Thompson v. Crispus NIX
  897 F.2d 356· 8th Cir.· 1990-03-01 ·cited 6×·via § 1983 Suit
  The court held that factual errors in a magistrate's report, adopted by the district court without objection, constitute plain error requiring vacation and remand.
• FOX v. T.A. Coughlin, III
  893 F.2d 475· 2d Cir.· 1990-01-04 ·cited 6×
  The court held that the prison officials were protected by qualified immunity because the inmate did not have a clearly established right to assistance in preparing his defense or to have two specific correctional officers interviewed at the disciplinary hearing at the time of th
• Cito v. Bridgewater Twp. Police Dep't
  892 F.2d 23· 3d Cir.· 1989-12-18 ·cited 6×
  The court held that the New Jersey two-year statute of limitations for personal injury actions, N.J.S.A. 2A: 14-2, applies to Section 1983 claims, not the six-year residual statute.
• Maxey v. Fulton
  890 F.2d 279· 10th Cir.· 1989-11-29 ·cited 6×
  The court held that the district court's order denying summary judgment and protective order did not conclusively determine the appellant's qualified immunity but impermissibly infringed on his immunity from overly broad discovery, thus warranting appellate review.
• Thorstenn v. Barnard
  883 F.2d 217· 3d Cir.· 1989-08-22 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that plaintiffs are entitled to attorneys' fees under 42 U.S.C. § 1988 for services rendered in the district court, court of appeals, and Supreme Court, but fees against the Virgin Islands Bar Association are denied.
• Biegenwald v. Fauver
  882 F.2d 748· 3d Cir.· 1989-08-11 ·cited 6×
  The court held that abstention was improper because there is substantial doubt the plaintiff could obtain a construction of the relevant state statute in any state proceeding.
• Russell v. Hardin
  879 F.2d 417· 8th Cir.· 1989-07-18 ·cited 6×
  The court held that law enforcement officers are entitled to qualified immunity from suit when their conduct is objectively legally reasonable, even if they cooperated with the IRS in seizing property.
• Stevenson v. Koskey
  877 F.2d 1435· 9th Cir.· 1989-06-26 ·cited 6×·via 42 U.S.C. § 1983 Liability
• Kinan v. City OF Brockton
  876 F.2d 1029· 1st Cir.· 1989-06-02 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court affirmed the directed verdicts and jury findings, holding that the trial court did not err in excluding evidence, directing verdicts, or in its jury instructions.
• Felton v. Fayette Sch. Dist.
  875 F.2d 191· 8th Cir.· 1989-05-19 ·cited 6×
  The court held that a school district's rule requiring good citizenship for participation in off-campus vocational programs, when applied to a student adjudicated delinquent, does not violate the Equal Protection Clause under a rational basis review.
• Shields v. Burge
  874 F.2d 1201· 7th Cir.· 1989-05-15 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that while the allegations of governmental interference with a psychotherapeutic relationship may implicate a right of privacy, the right is not sufficiently established to overcome qualified immunity at this stage.
• Muckleshoot Tribe v. Puget Sound Power & Light Co.
  875 F.2d 695· 9th Cir.· 1989-04-27 ·cited 6×
  A prevailing plaintiff in a § 1983 action may sue for attorneys' fees unless the defendant demonstrates a clear waiver of fees as part of the settlement, even if the settlement agreement is silent on the issue.
• Perez-Serrano v. DeLEON-Velez
  868 F.2d 30· 1st Cir.· 1989-02-22 ·cited 6×
  In a § 1983 action seeking both damages and injunctive relief, common issues of liability must first be submitted to a jury, and the district court erred by resolving liability itself.
• Caldeira v. Cnty. OF Kauai
  866 F.2d 1175· 9th Cir.· 1989-02-02 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that federal courts must give preclusive effect to state court judgments confirming arbitration awards, and that the plaintiff failed to present evidence of a conspiracy.
• Melvin v. Nickolopoulos
  864 F.2d 301· 3d Cir.· 1988-12-30 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a prisoner's claim for damages for unlawful detention and denial of parole, even if related to a habeas corpus claim, should be treated as a civil rights action under 42 U.S.C. § 1983 and not dismissed for failure to exhaust state remedies.
• Golden State Transit Corp. v. City OF LOS Angeles
  857 F.2d 631· 9th Cir.· 1988-09-15 ·cited 6×·via 42 U.S.C. § 1983 Claim For Damages
  Section 1983 damages are not available because the City of Los Angeles did not directly violate the National Labor Relations Act, as required by circuit precedent.
• Schucker v. Rockwood
  846 F.2d 1202· 9th Cir.· 1988-05-17 ·cited 6×
  A judge is absolutely immune from civil liability for acts taken within their jurisdiction, even if in excess of jurisdiction, and mere invocation of state judicial process does not constitute state action for a § 1983 claim.
• Culebras Enters. Corp. v. Rivera-Rios
  846 F.2d 94· 1st Cir.· 1988-05-09 ·cited 6×
  The court held that attorneys who performed pretrial legal services while known to be potential witnesses did not violate the advocate-witness rule under the applicable Model Rules of Professional Conduct and are eligible for attorneys' fees under 42 U.S.C. § 1988.