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

• Payne v. Lynaugh
  843 F.2d 177· 5th Cir.· 1988-04-05 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the prisoner's allegations of deliberate indifference to his serious medical needs were not frivolous and therefore the district court erred in dismissing the action with prejudice and denying leave to appeal in forma pauperis.
• Levi v. Univ. OF Tex. AT SAN Antonio
  840 F.2d 277· 5th Cir.· 1988-03-23 ·cited 6×·via § 1983
  The court held that a rational trier of fact could not find the university's tenure decision irrational, and insufficient evidence was presented for the conspiracy claim.
• Morales v. NEW York State Dep't OF Corr.
  842 F.2d 27· 2d Cir.· 1988-03-16 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a prisoner's claim of deliberate indifference by prison officials to an attack by another inmate can support a § 1983 action, and that the district court erred in dismissing claims against several defendants based on mere negligence.
• Frett v. Gov't OF THE Virgin Islands
  839 F.2d 968· 3d Cir.· 1988-02-17 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that the Government of the Virgin Islands and its officials could be held liable under 42 U.S.C. § 1983 for reckless disregard of an inmate's safety, allowing judgments exceeding territorial tort claim limits.
• Williams v. Adams
  836 F.2d 958· 5th Cir.· 1988-02-05 ·cited 6×·via 42 U.S.C. § 1983 Violations
  The court held that the defendant's actions were not a significant contributing cause of the plaintiff's arrest, thus summary judgment was appropriate.
• Chandler v. Presiding Judge
  838 F.2d 977· 8th Cir.· 1988-02-03 ·cited 6×
  The court held that the Missouri tolling statute applies to a prisoner's 42 U.S.C. § 1983 action, and the repeal of the civil death statute did not remove the disability of imprisonment for tolling purposes.
• Thaddus C. Simmons v. D.J. Poppell
  837 F.2d 1243· 5th Cir.· 1988-02-02 ·cited 6×
  The court held that the prisoner's claim was de minimis and failed to raise a constitutional issue, thus the dismissal as frivolous was proper.
• Alioto v. City OF Shively
  835 F.2d 1173· 6th Cir.· 1987-12-29 ·cited 6×
  Police officers testifying before a grand jury are absolutely immune from liability for their testimony, and municipalities cannot be held liable under § 1983 on a respondeat superior theory.
• Hamer v. Brown
  831 F.2d 1398· 8th Cir.· 1987-10-27 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that while the employee's speech addressed a matter of public concern, it was not a substantial or motivating factor in the decision not to renew his contract, thus his First Amendment claim failed.
• Klein Indep. Sch. Dist. v. Mattox
  830 F.2d 576· 5th Cir.· 1987-10-22 ·cited 6×
  The court held that a public school teacher's college transcript is not protected by FERPA, and the public's interest in evaluating teacher competence outweighs the teacher's privacy interest in the transcript.
• Brown v. Smith
  828 F.2d 1493· 10th Cir.· 1987-09-18 ·cited 6×
  The court held that the prison disciplinary board's decision to revoke good time credits was not supported by sufficient evidence, violating the plaintiff's due process rights.
• Campbell v. City OF Allen Park & Frank Lada
  829 F.2d 576· 6th Cir.· 1987-09-18 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a federal civil rights action was barred by a prior state court judgment that had already provided reinstatement and back pay, and that the city's denial of a residency waiver was not an unconstitutional arbitrary or capricious act.
• Walje v. The City OF Winchester
  827 F.2d 10· 6th Cir.· 1987-09-02 ·cited 6×
  The court held that general damages are appropriate in § 1983 actions for First Amendment violations when harm is likely but difficult to prove, and attorney fees were reasonable.
• Davis v. City OF Charleston
  827 F.2d 317· 8th Cir.· 1987-08-25 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the grant of summary judgment for the officers but remanded the attorney's fees awards for both parties for reconsideration.
• Dethorn Graham v. City OF Charlotte
  827 F.2d 945· 4th Cir.· 1987-08-25 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the Fourth Amendment, not the Eighth Amendment, governs claims arising from investigatory stops, and the reasonableness of the seizure is a jury question.
• David Yashon, M.D. v. William E. Hunt, M.D.
  825 F.2d 1016· 6th Cir.· 1987-08-03 ·cited 6×
  The court held that the Medical Staff Administrative Committee's (MSAC) consideration of charges previously addressed in disciplinary proceedings was not barred by administrative res judicata, and that the MSAC hearing did not violate plaintiff's procedural due process rights.
• Johnson v. Pfeiffer
  821 F.2d 1120· 5th Cir.· 1987-07-17 ·cited 6×
  The court held that the inmate's pro se complaint sufficiently stated claims for relief under 42 U.S.C. § 1983, and that these claims were not barred by the requirement to exhaust state remedies via habeas corpus.
• Foster v. Wyrick
  823 F.2d 218· 8th Cir.· 1987-07-08 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a Title VII disparate impact claim cannot be asserted via a § 1983 action, but reversed the dismissal of the Equal Protection Clause claim due to evidentiary restrictions.
• Mairena v. Foti
  816 F.2d 1061· 5th Cir.· 1987-05-18 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that the evidence supported the jury's finding that the District Attorney's office's failure to have a procedure for canceling material witness warrants constituted a custom or policy that violated the plaintiff's constitutional rights, and that the jury's damage a
• Myron Keith Wyatt v. Delaney
  818 F.2d 21· 8th Cir.· 1987-05-11 ·cited 6×
  The court held that the inmate failed to prove an Eighth Amendment violation because the injury was accidental and the emotional harm was de minimis.
• Clay v. Coolidge Conlee
  815 F.2d 1164· 8th Cir.· 1987-04-01 ·cited 6×
  The court should not have overruled the district court's decision regarding probable cause for arrest.
• Kareem Faheem-El v. Klincar
  814 F.2d 461· 7th Cir.· 1987-03-18 ·cited 6×
  The court held that Illinois' blanket denial of bail to arrested parole violators pending their final revocation hearing likely violates the Due Process Clause of the Fourteenth Amendment.
• Tomer v. Gates
  811 F.2d 1240· 9th Cir.· 1987-02-27 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court improvidently granted the motion to strike the qualified immunity defense, and Officer Lombardo is entitled to assert this defense.
• Fid. Guar. Mortg. Corp. v. Reben
  809 F.2d 931· 1st Cir.· 1987-01-21 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the award of attorney's fees and costs to the defendant under 42 U.S.C. § 1988, finding the plaintiff's civil rights action to be frivolous, unreasonable, and groundless.
• Miller v. NYS Pub. Serv. Comm'n & Jamaica Water Co.
  807 F.2d 28· 2d Cir.· 1986-12-08 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The district court lacked subject matter jurisdiction under the Johnson Act to award damages for a state-approved utility rate, even if the rate was challenged due to a drought emergency.
• Carter v. Jasper Greg Rogers
  805 F.2d 1153· 4th Cir.· 1986-11-26 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury verdicts were inconsistent and that the evidence supported a finding for the plaintiff on both federal excessive force and state assault and battery claims, requiring a new trial.
• Benkendorf v. Vill. OF Hazel Crest
  804 F.2d 99· 7th Cir.· 1986-10-27 ·cited 6×·via 42 U.S.C. § 1983 Claim For Damages
  The appeal of the denial of a preliminary injunction is dismissed as moot because the challenged ordinance was amended during the pendency of the appeal.
• Trans-Sterling, Inc. v. Bible
  804 F.2d 525· 9th Cir.· 1986-09-30 ·cited 6×
  A waiver of a section 1983 claim is valid if voluntary, deliberate, and informed; here, the settlement agreement was entered into voluntarily despite allegations of duress and coercion.
• Brooks v. Odie A. Nance
  801 F.2d 1237· 10th Cir.· 1986-09-26 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The Tax Injunction Act and the doctrine of comity deprive federal courts of jurisdiction over actions challenging state tax collection, even when framed as civil rights claims, provided adequate state remedies exist.
• Taylor v. James G. Ledbetter, PH.D.
  791 F.2d 881· 11th Cir.· 1986-06-17 ·cited 6×
  The court should not have dismissed the case for failure to state a claim, as the plaintiff's allegations of gross negligence could constitute deliberate indifference.
• Gargiul v. Tompkins
  790 F.2d 265· 2d Cir.· 1986-05-14 ·cited 6×·via Section 1983
  The dissent argues that New York res judicata law does not preclude the plaintiff's section 1983 claim, and that the majority erred in considering the good-faith immunity defense.
• Alacare v. Faye S. Baggiano
  785 F.2d 963· 11th Cir.· 1986-04-02 ·cited 6×
  The court held that while implicit exhaustion requirements can exist for § 1983 claims, the Medicaid Act does not contain such a requirement, and exhaustion of state judicial remedies is generally not required.
• Esther v. Reigh and Ivery Mae Simpkins and David Michael Simpkins and Lenora C. Dannie
  784 F.2d 1191· 4th Cir.· 1986-03-04 ·cited 6×
  The court should dismiss the action for want of a case or controversy under Article III of the Constitution.
• Patten v. N.D. Parole Bd.
  783 F.2d 140· 8th Cir.· 1986-02-10 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The North Dakota parole scheme does not create a protected liberty interest, and therefore, a prisoner's claims of due process violations in parole denials are without merit.
• Russell v. Millsap
  781 F.2d 381· 5th Cir.· 1985-12-27 ·cited 6×·via § 1983 Suit
  The court held that the district court did not err in dismissing the pro se § 1983 suit as frivolous and in awarding attorneys' fees to the defendants.
• Schwindling v. Smith
  777 F.2d 431· 8th Cir.· 1985-11-21 ·cited 6×
  The court held that a prisoner's due process rights are not violated by a state's administrative calculation of parole eligibility based on prior convictions, as long as a procedural avenue exists for the prisoner to challenge the accuracy of those convictions.
• Genova v. Town OF Southampton
  776 F.2d 1560· 2d Cir.· 1985-11-18 ·cited 6×
  The court held that principles of issue preclusion, derived from the prior state court judgment, required dismissal of the appellant's federal civil rights action.
• Guillermina Cortes Quinones and Alberto Almodovar Medina v. Nettleship
  773 F.2d 10· 1st Cir.· 1985-09-13 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that the defendants' affidavits were insufficient to establish the absence of a genuine issue of material fact, and thus summary judgment was not warranted.
• Snyder v. Kurvers
  767 F.2d 489· 8th Cir.· 1985-07-12 ·cited 6×
  The court held that the executive secretary of the Board on Judicial Standards was entitled to qualified immunity because the plaintiff's allegations did not establish a violation of clearly established constitutional rights to privacy.
• Nestor Ayala Serrano v. Torres
  764 F.2d 47· 1st Cir.· 1985-06-14 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the amended complaint stated a valid claim against the prison guard, but the original complaint failed to state a claim against other defendants.
• Werle v. R.I. BAR Ass'n
  755 F.2d 195· 1st Cir.· 1985-02-25 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that even if the appellees were state actors, they were entitled to absolute or qualified immunity from damages liability under 42 U.S.C. § 1983 for their actions in investigating and sending a cease and desist letter regarding the unauthorized practice of law.
• Gussie Davis v. Mansfield Metro. Hous. Auth.
  751 F.2d 180· 6th Cir.· 1984-12-28 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that while procedural due process rights were violated by the housing authority's denial of hearings, the required hearings for initial applicants and program participants were less extensive than ordered by the trial court, and damages for mental suffering were no
• Matias Maestas v. Bd. OF Educ. OF the Mora Indep. Sch. Dist.
  749 F.2d 591· 10th Cir.· 1984-11-21 ·cited 6×
  The court held that the school boards and districts are arms of the state and thus immune from suit under the Eleventh Amendment.
• Winnie Marchant v. City OF Little Rock
  741 F.2d 201· 8th Cir.· 1984-08-21 ·cited 6×·via 42 U.S.C. § 1983 Liability
• Garmon v. Foust
  741 F.2d 1069· 8th Cir.· 1984-08-20 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court's finding that the package was still in the mail when seized was not clearly erroneous, and therefore the warrantless seizure violated Fourth Amendment principles.
• Baker v. Detective Colin McCOY
  739 F.2d 381· 8th Cir.· 1984-07-24 ·cited 6×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the district court correctly applied collateral estoppel to preclude litigation of pre-confession beatings and did not err in directing a verdict for the Board of Police Commissioners due to lack of evidence of a pattern of misconduct.
• Dick v. Watonwan Cnty.
  738 F.2d 939· 8th Cir.· 1984-07-11 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that a broad delegation of discretion to individual employees to exercise their judgment does not constitute an official policy sufficient to establish municipal liability under 42 U.S.C. § 1983.
• Hitt v. COX
  737 F.2d 421· 4th Cir.· 1984-06-21 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that the retroactive cancellation of insurance coverage was voidable due to mutual mistake, and the insured's failure to provide prompt written notice was excused. The conditional portion of the settlement was deemed unreasonable.
• Gen. Camera Corp. v. Urban Dev. Corp.
  734 F.2d 468· 2d Cir.· 1984-05-08 ·cited 6×
  Prevailing defendants under 42 U.S.C. § 1988 are entitled to attorney's fees only when the plaintiff's action is objectively frivolous, vexatious, or brought in bad faith.
• A.V. Martin v. Unified Sch. Dist. NO. 434
  728 F.2d 453· 10th Cir.· 1984-02-24 ·cited 6×
  A school principal without tenure does not have a constitutionally protected property interest in continued employment based solely on a series of one-year contracts, nor was a liberty interest impaired by the non-renewal decision.