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

• Jennings v. Joshua Indep. Sch. Dist.
  877 F.2d 313· 5th Cir.· 1989-04-12 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that school officials and dog handlers were not liable under § 1983 as they did not act under color of state law, and the police officer was entitled to qualified immunity. Sanctions against the plaintiff and his attorney were affirmed in part but remanded for reco
• Llewellyn Douglas Green and Julie Green v. Elcy Inman
  539 So. 2d 614· Fla. 4th DCA· 1989-03-22 ·cited 4×·via 42 U.S.C. § 1983 Liability
  Plaintiffs appealed a summary judgment dismissing their negligence and civil rights claims against the former Sheriff of Broward County following an assault by a cellmate while incarcerated. The court reversed in part, finding that while sovereign immunity bars claims regarding i
• Ervin T. Valandingham, Jr. v. S.G. Bojorquez
  866 F.2d 1135· 9th Cir.· 1989-01-30 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court erred in granting summary judgment on the claims of retaliation for being labeled a 'snitch' and denial of legal materials, as genuine issues of material fact existed. However, the conspiracy claim was affirmed due to the plaintiff's failure
• Morgan v. Tice
  862 F.2d 1495· 11th Cir.· 1989-01-11 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that the trial court erred in finding the Town liable under Section 1983 as the Town Manager's actions did not constitute official policy, and that the Town Manager was not liable under Section 1983 or for defamation as his actions were not taken under color of sta
• Wassum v. The City OF Bellaire
  861 F.2d 453· 5th Cir.· 1988-12-12 ·cited 4×·via 42 U.S.C. § 1983 Liability
  A municipality's inadequate hiring policies, if not unconstitutional themselves, require proof of gross negligence or conscious indifference to public welfare to establish section 1983 liability.
• Beddingfield v. City OF Pulaski
  861 F.2d 968· 6th Cir.· 1988-11-18 ·cited 4×·via 42 U.S.C. § 1983 Liability For Municipalities
  The court held that the City's actions, at most, constituted simple negligence and did not rise to the level of deliberate indifference or a policy of inadequate training required for a § 1983 claim.
• Bradley v. Colonial Mental Health & Retardation Servs. Bd.
  856 F.2d 703· 4th Cir.· 1988-09-19 ·cited 4×
  The court held that the Bradleys' due process rights were not violated because the employer's grievance procedure, established by an employee manual, provided sufficient procedural safeguards, and the Bradleys failed to demonstrate bias or an inability to confront their accusers.
• Carey v. King
  856 F.2d 1439· 9th Cir.· 1988-09-15 ·cited 4×
  The court held that the district court did not abuse its discretion in dismissing a pro se plaintiff's action for failure to prosecute when mail was returned undeliverable and the plaintiff failed to update his address.
• AGG v. Hon. Timothy M. Flanagan
  855 F.2d 336· 6th Cir.· 1988-08-25 ·cited 4×
  The dissenting judge would remand the case to the district court for consideration of claim preclusion, and would not reach the merits of the appeal.
• Jackson v. Bair
  851 F.2d 714· 4th Cir.· 1988-07-13 ·cited 4×
  The court held that the district court erred in granting summary judgment on the First Amendment claim because Jackson's speech concerned a matter of public concern and genuine issues of material fact remained regarding the balancing of interests and causation.
• Cobb v. Stringer
  850 F.2d 356· 8th Cir.· 1988-06-21 ·cited 4×
  The court held that the plaintiff's initial EEOC charge, liberally construed, provided notice of discriminatory hiring practices that could reasonably lead to an investigation of the rehiring of a male assistant principal, and that a material issue of fact existed regarding wheth
• Ollie v. Riggin
  848 F.2d 1016· 9th Cir.· 1988-06-13 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the federal action should be stayed pending the final disposition of the state court action because the state law on the res judicata effect of a vacated judgment pending appeal is unclear.
• Simmons v. Sheriff Wayne McELVEEN
  846 F.2d 337· 5th Cir.· 1988-06-08 ·cited 4×·via 42 U.S.C. § 1983 Violations
  The court held that the defendants' conduct, while potentially negligent, did not rise to the level of a constitutional violation actionable under 42 U.S.C. § 1983.
• Hewlett v. Davis
  844 F.2d 109· 3d Cir.· 1988-04-06 ·cited 4×·via 42 U.S.C. § 1983 Violations
  The court held that monetary sanctions were appropriate for discovery violations, dismissal for failure to prosecute was justified, and post-verdict discovery was permissible, but the district court erred in remanding a motion to state court instead of hearing it.
• James v. Warden Alfred and Lieutenant Gilmore
  835 F.2d 605· 5th Cir.· 1988-01-14 ·cited 4×·via § 1983 Suit
  The court held that the district court did not err in dismissing the pro se § 1983 suit as frivolous under 28 U.S.C. § 1915(d).
• Giarratano v. Murray
  836 F.2d 1421· 4th Cir.· 1988-01-04 ·cited 4×
  The court held that Virginia's provision of an adequate law library and institutional attorneys satisfies the constitutional right to meaningful access to the courts for death row inmates, and there is no constitutional right to appointed counsel for state post-conviction proceed
• Gunkel v. City OF Emporia
  835 F.2d 1302· 10th Cir.· 1987-12-29 ·cited 4×
  A building permit issued in violation of city ordinances or based on incorrect information confers no property right under Kansas law, and thus its revocation does not violate federal due process rights under 42 U.S.C. § 1983.
• Stephany v. Wagner
  835 F.2d 497· 3d Cir.· 1987-12-15 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the prison's administrative segregation rule created a state law expectation triggering federal procedural due process protections, and summary judgment was therefore error.
• Pressly v. H.H. Gregory
  831 F.2d 514· 4th Cir.· 1987-10-21 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that magistrates are immune from suit for judicial acts and that a § 1983 claim challenging incarceration is a habeas petition requiring dismissal for lack of jurisdiction over the custodian.
• Sarus v. Benny Rotundo
  831 F.2d 397· 2d Cir.· 1987-10-15 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiffs failed to present sufficient evidence to infer an actionable municipal policy, making it error to deny the defendants' motions for directed verdicts and judgments n.o.v.
• Mahfouz v. A.L. Lockhart
  826 F.2d 791· 8th Cir.· 1987-08-25 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that Arkansas statutes and regulations do not create a protected liberty interest in participation in a work release program, and the exclusion of sex offenders is rationally related to a legitimate government purpose.
• Sahagian v. Dickey
  827 F.2d 90· 7th Cir.· 1987-08-14 ·cited 4×
  The court held that a state is not constitutionally required to provide legal materials for discretionary appeals, but reversed the denial of damages for denial of access at Marion, remanding for further proceedings.
• Ouzts v. Sgt. D. Cummins
  825 F.2d 1276· 8th Cir.· 1987-08-13 ·cited 4×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that a prisoner's pro se complaint alleging a beating by correction officers and a warden's failure to respond to a grievance was properly dismissed.
• Anderson v. Roberts
  823 F.2d 235· 8th Cir.· 1987-07-09 ·cited 4×
  The court held that the sheriff's discovery responses did not sufficiently demonstrate the absence of a genuine issue of material fact regarding his deliberate indifference in training and supervision, thus denying his motion for summary judgment based on qualified immunity.
• Martinez v. Curt Staudt and Darrin White
  831 F.2d 926· 10th Cir.· 1987-06-24 ·cited 4×
  The court held that the district court lacked jurisdiction to refer a prisoner's section 1983 action to a magistrate for trial without the parties' consent, absent specific statutory authorization.
• Thornton v. Jennings
  819 F.2d 153· 6th Cir.· 1987-05-28 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court erred by not conducting a de novo review of the magistrate's report and recommendations when the magistrate was not appointed as a special master with the parties' consent.
• Czura v. Supreme Court OF S.C. as Comm. on Rules of Admission to Practice of Law in the State of S.C.
  813 F.2d 644· 4th Cir.· 1987-03-11 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The district court correctly dismissed the action because federal courts lack jurisdiction to review state court disciplinary proceedings, and the plaintiff's claim was inextricably intertwined with the state court's disbarment order.
• Crook v. Deane Baker
  813 F.2d 88· 6th Cir.· 1987-03-05 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The Regents of the University of Michigan had the authority under Michigan law to revoke a degree obtained by fraud, and the procedures followed comported with due process requirements.
• Rios v. Lane
  812 F.2d 1032· 7th Cir.· 1987-02-13 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the disciplinary rule as applied to the inmate was unconstitutionally vague, violating his due process rights, and that prison officials were not entitled to qualified immunity.
• Franco v. Moreland
  805 F.2d 798· 8th Cir.· 1986-11-18 ·cited 4×
  The court held that the St. Louis County Jail Directive 301 created a protectible liberty interest, and the jury instructions failed to adequately inform the jury of the procedural due process requirements for placing an inmate in administrative segregation.
• Dean v. Coughlin
  804 F.2d 207· 2d Cir.· 1986-10-28 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court abused its discretion by imposing its own detailed plan for prison dental care without sufficient deference to the state's proposed plan.
• Jordan v. Multnomah Cnty.
  799 F.2d 1262· 9th Cir.· 1986-09-11 ·cited 4×
  The court held that the district court abused its discretion by failing to make adequate findings to support its reduced attorney fee award and by denying a multiplier without proper justification. The denial of a multiplier was affirmed.
• Leggett v. Badger
  798 F.2d 1387· 11th Cir.· 1986-09-09 ·cited 4×
  The district court correctly declined to enforce a prior mandate because intervening controlling authority (Kentucky v. Graham) dictated a contrary result, falling under a narrow exception to the law of the case doctrine.
• City OF Riviera Beach v. Fitzgerald
  492 So. 2d 1382· Fla. 4th DCA· 1986-08-27 ·cited 4×·via 42 U.S.C. § 1983 Liability
  Police Lieutenant Fitzgerald sued the City of Riviera Beach and Police Chief Darden under 42 U.S.C. § 1983 for failing to promote him to captain despite being the only qualified candidate on a certified eligibility list. The court affirmed the jury verdict awarding compensatory d
• Mazanec v. N. Judson-San Pierre Sch. Corp.
  798 F.2d 230· 7th Cir.· 1986-08-12 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiffs' claims for injunctive and declaratory relief were moot, that no wrongdoing precluded monetary awards against the school corporation and its superintendent, and that the plaintiffs were not prevailing parties entitled to attorney's fees under 42
• Stevens v. Corbell
  798 F.2d 120· 5th Cir.· 1986-08-08 ·cited 4×
  The court granted the motion for a stay pending appeal, finding that the denial of qualified immunity turned on an issue of law and was therefore immediately appealable.
• Waggoner v. Mosti
  792 F.2d 595· 6th Cir.· 1986-06-12 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury's answers to special interrogatories were not irreconcilably inconsistent and affirmed the trial court's denial of a new trial. The court also affirmed the award of attorney fees.
• Dial v. Coler
  791 F.2d 78· 7th Cir.· 1986-05-15 ·cited 4×
  The Eleventh Amendment bars claims for notice and declaratory relief when there is no ongoing violation of federal law to enjoin, and the claims of the Vondran subclass are not ripe for review due to a lack of a concrete dispute about current state policy.
• Wilson v. Lt. Clifton Lambert and Sgt. W.F. Straughn
  789 F.2d 656· 8th Cir.· 1986-05-02 ·cited 4×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the district court's findings of fact were not clearly erroneous and affirmed the judgment awarding damages to the inmate.
• Akbar v. Fairman
  788 F.2d 1273· 7th Cir.· 1986-04-22 ·cited 4×
  The Seventh Circuit affirmed the district court's denial of compensatory damages for procedural due process violations, finding that the underlying disciplinary actions against the inmates were justified. However, the court reversed the district court's award of expenses for the
• Battle v. Park Anderson
  788 F.2d 1421· 10th Cir.· 1986-04-16 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the dismissal of most claims, finding the district court's conclusions not clearly erroneous, but vacated the dismissal and remanded the racial discrimination claim due to insufficient findings.
• Washington v. Duffy Breaux
  782 F.2d 553· 5th Cir.· 1986-02-14 ·cited 4×·via § 1983 Suit
  The court held that the appellant's section 1983 suit was properly dismissed as untimely filed because the initial filing in a state appellate court without proper service did not interrupt the statute of limitations.
• Edmond B. McKINLEY v. Baden
  777 F.2d 1017· 5th Cir.· 1985-12-05 ·cited 4×·via § 1983
  The court held that the trial court clearly erred in finding that the plaintiff's support of a fellow officer was a substantial or motivating factor in his dismissal, and that the record did not establish actual malice with convincing clarity for the defamation claim.
• Hershinow v. M.F. Bonamarte, Jr.
  772 F.2d 394· 7th Cir.· 1985-09-13 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the district court's award of attorney's fees against the plaintiff, finding his civil rights claims to be frivolous, unreasonable, or groundless.
• Reynolds v. Foree
  771 F.2d 1179· 8th Cir.· 1985-09-05 ·cited 4×
  The court held that dismissing a pro se civil rights complaint due to an incarcerated plaintiff's failure to appear at a pretrial hearing is an abuse of discretion, and that indigent pro se prisoner litigants meeting certain burdens should be appointed counsel.
• Bonar v. Ambach
  771 F.2d 14· 2d Cir.· 1985-08-14 ·cited 4×
  Attorneys' fees under 42 U.S.C. § 1988 are not available for claims falling within the Education for All Handicapped Children Act (EHA) unless a separate due process claim independent of EHA, demonstrating irreparable harm, is established.
• Wright v. Deyton
  757 F.2d 1253· 11th Cir.· 1985-04-16 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that while reliance on mail delivery can constitute excusable neglect, the district court must still conduct a full analysis under Fallen v. United States to determine if the appellant did all that could reasonably be expected, particularly regarding pre-mailing de
• Corstvet v. Boger
  757 F.2d 223· 10th Cir.· 1985-03-12 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the professor's conduct constituted moral turpitude and that he received adequate due process in his termination proceedings.
• Thompson v. Prince William Cnty.
  753 F.2d 363· 4th Cir.· 1985-01-31 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that the arrest warrant was supported by probable cause, and therefore, the plaintiff's § 1983 claim was properly dismissed.
• Bushnell v. Rossetti
  750 F.2d 298· 4th Cir.· 1984-12-21 ·cited 4×
  Agreements releasing civil rights claims in exchange for post-conviction sentencing consideration are enforceable if voluntary, deliberate, and informed, and do not present the same public policy concerns as agreements made before conviction.