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

• Claughton v. Donner
  771 F. Supp. 1200· S.D. Fla.· 1991-08-30 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that it lacked subject matter jurisdiction and that the plaintiff failed to state a claim upon which relief could be granted, thus granting the motions to dismiss.
• Newcomb v. Ingle
  944 F.2d 1534· 10th Cir.· 1991-08-28 ·cited 4×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  Title III of the Omnibus Crime Control and Safe Streets Act does not apply to a custodial parent intercepting a minor child's telephone conversations within the family home, and a prosecutor is entitled to absolute immunity for prosecutorial decisions.
• Porter v. Deputy Martinez
  941 F.2d 732· 9th Cir.· 1991-08-12 ·cited 4×
  The court held that dismissal is an extreme sanction requiring consideration of multiple factors, and less drastic sanctions should be imposed when a pro se litigant, who is indigent and handicapped, shows attempts to comply and obtains counsel.
• California Men's Colony v. Rowland
  939 F.2d 854· 9th Cir.· 1991-07-29 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  Associations are considered 'persons' under 28 U.S.C. § 1915(a) and may proceed in forma pauperis if they demonstrate indigency.
• Richards v. Bellmon
  941 F.2d 1015· 10th Cir.· 1991-07-19 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court erred in dismissing the complaint and that the case should be remanded for further proceedings consistent with supervening authority.
• Austin v. State Indus. Ins. Sys.
  939 F.2d 676· 9th Cir.· 1991-07-15 ·cited 4×
  The court held that the Nevada State Industrial Insurance System (SIIS) is a state agency entitled to Eleventh Amendment immunity, and therefore the plaintiff's 42 U.S.C. § 1983 action against SIIS and its General Manager sued in his official capacity was properly dismissed.
• Kirk v. Davis
  936 F.2d 971· 7th Cir.· 1991-07-11 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the evidence presented a jury question as to whether the defendants had reason to suspect the plaintiff's injuries were serious immediately after arrest and at the police station.
• Harper v. LEE
  938 F.2d 104· 8th Cir.· 1991-07-01 ·cited 4×
  The court held that a prisoner was not denied due process when the prison administration corrected an initial procedural error by granting a rehearing to admit evidence.
• Mathis v. Hood
  937 F.2d 790· 2d Cir.· 1991-06-28 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the district court's grant of habeas relief, finding that the petitioner's appellate counsel had an actual conflict of interest that constituted a per se violation of the Sixth Amendment, making a showing of prejudice unnecessary.
• Johnson v. Est. of Mark A. Laccheo
  935 F.2d 109· 6th Cir.· 1991-06-05 ·cited 4×
  The court held that factual disputes prevented summary judgment on the qualified immunity issue, and the district court's decision should be affirmed.
• Smith v. Nat'l Health Care Servs. OF Peoria
  934 F.2d 95· 7th Cir.· 1991-05-23 ·cited 4×
  The court held that sanctions under Rule 11 were improperly imposed on attorney J. Brian Heller because his arguments regarding the statute of limitations and the repleading of dismissed claims were made in good faith and had a basis in law at the time.
• Porth v. Hal Farrier
  934 F.2d 154· 8th Cir.· 1991-05-22 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the jury instruction on the totality of the circumstances was proper, and the evidence did not compel a directed verdict for the inmate, affirming the jury's finding of no Eighth Amendment violation.
• Rountree v. Fairfax Cnty. Sch. Bd.
  933 F.2d 219· 4th Cir.· 1991-05-13 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the adoption of a merit pay system for teachers did not create a "new and distinct" contractual relationship actionable under 42 U.S.C. § 1981, and that the teachers failed to present sufficient evidence of discrimination.
• In re the Est. OF Michael Patrick Smith & Carolyn Finnell v. O'Halloran
  930 F.2d 1496· 10th Cir.· 1991-04-22 ·cited 4×
  The court held that the district court erred in finding the Secretary's position substantially justified for the period before March 24, 1987, and thus plaintiffs are entitled to attorneys' fees under the EAJA for that period.
• Mills v. R.J. Graves
  930 F.2d 729· 9th Cir.· 1991-04-11 ·cited 4×
  The court held that the police officer was protected by qualified immunity from the section 1983 action because his conduct in obtaining search warrants and seizing equipment was objectively reasonable, even if minor procedural errors occurred or statutory interpretation was late
• Richard E. Pfeiffer, M.D. v. Hartford Fire Ins. Co.
  929 F.2d 1484· 10th Cir.· 1991-04-05 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that state attorneys are absolutely immune from liability for actions intimately associated with the judicial process, including initiating and pursuing disciplinary proceedings and plea-bargaining-like offers, but not for wrongful dissemination of information to t
• Johnson v. Moore
  926 F.2d 921· 9th Cir.· 1991-02-28 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that while most of the prisoner's claims were meritless, the application of a 'publishers only' rule to softcover books warranted further review. The court also found that the prison's failure to provide free photocopying did not violate the prisoner's right of acc
• Hiraldo-Cancel v. Aponte
  925 F.2d 10· 1st Cir.· 1991-02-04 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court did not err in denying judgment notwithstanding the verdict or in ordering reinstatement, as ample evidence supported the jury's finding of politically motivated dismissals and reinstatement was a proper equitable remedy.
• Henson-El v. D.C. Rogers
  923 F.2d 51· 5th Cir.· 1991-02-01 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiff's civil rights action was properly dismissed because the applicable statute of limitations had expired.
• Harris v. Dugger
  757 F. Supp. 1359· S.D. Fla.· 1991-01-02 ·cited 4×
  The court granted summary judgment for the defendants, finding no genuine issue of material fact regarding the plaintiff's free exercise and due process claims, and upholding the defendants' qualified immunity.
• Divers v. Dep't OF Corr.
  921 F.2d 191· 8th Cir.· 1990-12-20 ·cited 4×
  The court held that the district court erred in sua sponte dismissing certain claims as legally frivolous under 28 U.S.C. § 1915(d), as they had an arguable basis in law or fact.
• Huffman v. B.J. Davis
  571 So. 2d 1371· Fla. 1st DCA· 1990-12-14 ·cited 4×
  The court held that the record did not provide sufficient evidence to grant summary judgment, as it was unclear whether the inmate violated administrative rules or was acting under orders.
• Shaw v. Strackhouse
  920 F.2d 1135· 3d Cir.· 1990-12-06 ·cited 4×
  The court held that the professional judgment standard, not deliberate indifference, applies to claims by involuntarily institutionalized mentally retarded individuals. It reversed summary judgment on the February 15 assault claim but affirmed it on the restraint and February 3 a
• Hernandez v. Denton
  919 F.2d 573· 9th Cir.· 1990-11-21 ·cited 4×·via 42 U.S.C. § 1983 Violations
• Collins v. The City OF Harker Heights
  916 F.2d 284· 5th Cir.· 1990-11-02 ·cited 4×
  A § 1983 action against a municipality for an employee's death requires an abuse of governmental power, not merely negligence or failure to train, especially in an employer-employee context.
• Plumer v. State OF Md.
  915 F.2d 927· 4th Cir.· 1990-10-05 ·cited 4×
  The Court held that while the Parratt doctrine did not bar the plaintiff's claim, the state's license revocation procedures satisfied due process requirements.
• Wallace v. Robinson
  914 F.2d 869· 7th Cir.· 1990-09-26 ·cited 4×
• Higbee v. City OF SAN Diego
  911 F.2d 377· 9th Cir.· 1990-08-24 ·cited 4×
  The court held that the arrests and subsequent transportation of plaintiffs to jail were authorized by California law and did not violate the Fourth and Fourteenth Amendments.
• Patrick v. The City OF Detroit
  906 F.2d 1108· 6th Cir.· 1990-06-28 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that while the district court erred in limiting cross-examination on the extent of injuries, this error was relevant only to damages, not liability, and thus a new trial is required solely on the amount of compensatory damages.
• Penny Saver Publ'ns v. Vill. OF Hazel Crest
  905 F.2d 150· 7th Cir.· 1990-06-14 ·cited 4×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the village ordinance was unconstitutionally vague as applied to potential advertisers in newspapers of general circulation, and that Penny Saver had standing to seek damages for lost revenues.
• Brown v. Borough OF Chambersburg
  903 F.2d 274· 3d Cir.· 1990-05-21 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  42 U.S.C. § 1988 does not authorize awards of attorney's fees against a plaintiff's attorney, but can be awarded against a plaintiff whose claim is found frivolous, unreasonable, or groundless.
• Plyler v. Parker Evatt
  902 F.2d 273· 4th Cir.· 1990-05-07 ·cited 4×
  The court affirmed the district court's award of attorneys' fees, finding no clear error in the hourly rates set and upholding the award for post-decree litigation that was inextricably intermingled with the original claims.
• Guidry v. Broussard
  897 F.2d 181· 5th Cir.· 1990-03-27 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that summary judgment for the school board should be affirmed because there was no official policy sufficient to impose liability for any constitutional wrong, and any claim against the counselor was barred by qualified immunity.
• HAY v. The City OF Irving
  893 F.2d 796· 5th Cir.· 1990-02-08 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that while the jury's excessive force findings were supported by evidence, the conspiracy claim was improperly submitted, and damages for constitutional deprivation were impermissible.
• Dorman v. Dist. OF Columbia
  888 F.2d 159· D.C. Cir.· 1989-10-27 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that the evidence presented was insufficient to justify submitting the case to the jury, as the District's training policies did not amount to deliberate indifference to the rights of persons in custody.
• Miller v. Emery Leathers
  885 F.2d 151· 4th Cir.· 1989-09-12 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The dissenting judge believes a genuine issue of material fact exists regarding the use of force, precluding summary judgment.
• Bertold J. Pembaur, M.D. v. City OF Cincinnati
  882 F.2d 1101· 6th Cir.· 1989-08-18 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the trial judge's failure to adequately consider or explain findings regarding the plaintiff's stress-related injuries and business losses, and the lack of factual findings on causation, necessitated a remand for further proceedings.
• Manhattan Beach Police Officers Ass'n, Inc. v. City OF Manhattan Beach
  881 F.2d 816· 9th Cir.· 1989-08-08 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the denial of qualified immunity summary judgment was appealable, and that the plaintiffs alleged a violation of clearly established First Amendment norms.
• Lynch v. City OF Alhambra
  880 F.2d 1122· 9th Cir.· 1989-07-26 ·cited 4×
  A release-dismissal agreement is enforceable if voluntarily entered into and its enforcement is in the public interest, and the district court erred by dismissing the action solely for failure to allege prosecutorial misconduct.
• Lowrance v. Pflueger
  878 F.2d 1014· 7th Cir.· 1989-07-10 ·cited 4×
  Law enforcement officers are entitled to qualified immunity when they have an objectively reasonable belief that probable cause exists for an arrest, even if the arrest warrant is later found defective.
• Knight v. Armontrout
  878 F.2d 1093· 8th Cir.· 1989-06-30 ·cited 4×
  The court held that while prison regulations created a protectible liberty interest, the inmates received adequate due process and their Eighth Amendment rights were not violated by the conditions of their extended confinement.
• Tanner v. Heise
  879 F.2d 572· 9th Cir.· 1989-06-27 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The arresting officers complied with state law and did not conspire to violate Tanner's constitutional rights by arresting him.
• Wayman L. Prince v. Poulos
  876 F.2d 30· 5th Cir.· 1989-06-22 ·cited 4×·via 42 U.S.C. § 1983 Violations
  The court held that the district court did not abuse its discretion in dismissing the complaint with prejudice as a sanction for discovery abuse, and that the awards of attorney's fees and costs were proper.
• Linden W. Shipman v. Mo. Dep't OF Fam. Servs.
  877 F.2d 678· 8th Cir.· 1989-06-12 ·cited 4×
  The court held that the plaintiff's claims regarding the 1982 enactments were moot, he lacked standing to challenge the 1984 enactments, and he failed to establish a causal connection for attorney fees.
• Felipa Monreal Rodriguez v. Handy
  873 F.2d 814· 5th Cir.· 1989-05-26 ·cited 4×·via 42 U.S.C. § 1983 Liability
  A judgment against the United States under the FTCA bars any action against the government employee whose conduct gave rise to the claim, and attorney's fees and costs against the employees must also be vacated.
• Allen v. Carroll R. Lowder
  875 F.2d 82· 4th Cir.· 1989-05-23 ·cited 4×
  The court held that supervisory officials Johnson and Rice were entitled to qualified immunity and reversed the denial of their summary judgment motion, while Lowder was not entitled to absolute immunity and the denial of his motion was affirmed.
• Traverso v. Carleton Penn
  874 F.2d 209· 4th Cir.· 1989-05-10 ·cited 4×
  The court held that the district court's res judicata determination was erroneous because the state conviction was overturned, and that the § 1983 action should be stayed pending the outcome of a new state prosecution under abstention principles.
• Gus W. Zielasko and Nancy Bowman v. The State OF Ohio
  873 F.2d 957· 6th Cir.· 1989-05-03 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that section 6(C) places an impermissible burden on a voter's First Amendment right to support a qualified candidate of her choice.
• Jackson v. Crews
  873 F.2d 1105· 8th Cir.· 1989-05-01 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury instructions were proper, the damages and attorney fees awards were supported by the evidence, and the defendant's other claims of error lacked merit. The court affirmed the district court's judgment.
• Chaloux v. Vaughn Killeen
  873 F.2d 1274· 9th Cir.· 1989-05-01 ·cited 4×·via 42 U.S.C. § 1983 Liability
  County sheriffs are not liable under 42 U.S.C. § 1983 for enforcing state garnishment statutes, as they acted ministerially without final policymaking authority.