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

• Clifford Y.C. LAI and Victoria L. Lai v. City & Cnty. OF Honolulu
  749 F.2d 588· 9th Cir.· 1984-12-14 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that Hawaii Revised Statutes § 657-11 does not apply to actions brought under 42 U.S.C. § 1983, and the applicable limitations period is Hawaii's six-year catch-all statute.
• Kitchens v. Tex. Dep't OF Human Res.
  747 F.2d 985· 5th Cir.· 1984-12-03 ·cited 4×·via 42 U.S.C. § 1983 Violations
  The Eleventh Amendment bars federal courts from exercising pendent jurisdiction over state-law claims for money damages against a state agency.
• Nicholson v. Layton
  747 F.2d 1225· 8th Cir.· 1984-11-08 ·cited 4×
  The court held that the district court did not err in admitting evidence of the appellants' prior convictions and the victim's condition, as the prejudicial effect did not outweigh the probative value.
• Orvin C. Stanwood v. Green
  744 F.2d 714· 9th Cir.· 1984-10-05 ·cited 4×·via 42 U.S.C. § 1983 Litigation
  Attorney's fees under 42 U.S.C. § 1988 are not awardable for work done before October 19, 1976, if the underlying suit was not substantively pending on that date.
• Taylor v. Best
  746 F.2d 220· 4th Cir.· 1984-09-27 ·cited 4×
  The court held that a prisoner's Fifth Amendment right against self-incrimination did not arise when questioned by a prison psychologist for classification purposes, and his privacy interest in his family background was outweighed by prison security and rehabilitation needs.
• McCURRY v. Tesch
  738 F.2d 271· 8th Cir.· 1984-06-29 ·cited 4×·via 42 U.S.C. § 1983 Claim For Damages
  The dissenting judge believes the law enforcement officers were acting in obedience to court orders and should be afforded absolute immunity from damages liability.
• Sanders v. Frisby
  736 F.2d 1230· 8th Cir.· 1984-06-12 ·cited 4×
  The doctrine of collateral estoppel bars relitigation of Fourth Amendment claims in a § 1983 action when those claims were actually litigated and decided in state criminal proceedings, even if the conviction was later reversed on other grounds.
• Snider v. Creasy
  728 F.2d 369· 6th Cir.· 1984-03-01 ·cited 4×
  The court held that the Ohio Department of Public Welfare (ODPW) cannot deem Old Age Survivors and Disability Income (OASDI) benefits paid to a representative payee as available to an Aid to Families with Dependent Children (AFDC) applicant unless the agency proves the benefits w
• Spath v. Nat'l Collegiate Athletic Ass'n
  728 F.2d 25· 1st Cir.· 1984-02-23 ·cited 4×
  The court held that the student failed to demonstrate a likelihood of success on the merits for his constitutional claims and contract claims, thus reversing the preliminary injunction.
• Ross v. Amos Reed
  719 F.2d 689· 4th Cir.· 1983-10-12 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiff's claims for injunctive and declaratory relief were moot due to his release from custody, and that the defendants were entitled to qualified immunity for the First Amendment claim. The court also affirmed the dismissal of the Eighth Amendment cla
• Beard v. A.L. Lockhart
  716 F.2d 544· 8th Cir.· 1983-09-13 ·cited 4×
  The court held that the district court did not err in dismissing the suit against Director Lockhart prior to trial and in granting the remaining defendants' motion for involuntary dismissal.
• Nordgren v. Mitchell
  716 F.2d 1335· 10th Cir.· 1983-09-07 ·cited 4×
  The Due Process Clause does not require Utah to appoint counsel for all indigent inmates in paternity proceedings, as these actions do not directly involve a potential deprivation of liberty.
• Reichert v. Draud
  701 F.2d 1168· 6th Cir.· 1983-03-10 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the school board's decision to change a teacher's schedule would have been made regardless of her protected First Amendment activities, thus affirming the dismissal of her claim.
• Collins v. Hoke
  705 F.2d 959· 8th Cir.· 1983-02-15 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The county's application of its ordinance to Mr. Collins, requiring him to move to the county poor farm for general assistance, violates the Equal Protection Clause.
• Green Miller, Jr. v. Barry
  698 F.2d 1259· D.C. Cir.· 1983-01-28 ·cited 4×·via 42 U.S.C. § 1983 Liability
  A municipality cannot be held liable under 42 U.S.C. § 1983 or a Bivens action based solely on respondeat superior; the plaintiff must allege that an official policy caused the constitutional violation.
• Williams v. Morris
  697 F.2d 1349· 10th Cir.· 1982-12-06 ·cited 4×
  The court held that the availability of a state court remedy for negligent loss of property by prison employees satisfies due process requirements for a section 1983 claim.
• Neal v. Crawford A. Howell & The City of Rock Hill
  689 F.2d 473· 4th Cir.· 1982-09-10 ·cited 4×
  The court held that even if a plaintiff's protected conduct was a motivating factor in an adverse employment decision, the employer can prevail if they demonstrate the same decision would have been made regardless of the protected conduct.
• Consumers Union OF United States, Inc. v. Va. State BAR
  688 F.2d 218· 4th Cir.· 1982-08-09 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the Virginia State Bar, by virtue of its enforcement role, was liable for attorney's fees under 42 U.S.C. § 1988, and the district court abused its discretion in finding special circumstances to deny such an award. The award of attorney's fees against the Virg
• Buddy J. Loftin v. Thomas
  681 F.2d 364· 5th Cir.· 1982-07-26 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  A prisoner's claim for lost property under 42 U.S.C. § 1983 is barred if an adequate state remedy exists, as the state remedy itself satisfies due process requirements.
• Jureczki v. The City OF Seabrook
  668 F.2d 851· 5th Cir.· 1982-02-26 ·cited 4×
  The court held that the district court erred in dismissing the plaintiff's complaint without an adequate hearing and without considering the Younger v. Harris abstention doctrine after state proceedings had concluded.
• Sovereign News Co. v. Falke
  674 F.2d 484· 6th Cir.· 1982-02-04 ·cited 4×
  The court held that the district court had too narrowly construed the Ohio Supreme Court's opinion regarding the obscenity statute's constitutionality.
• Ward v. Johnson
  667 F.2d 1126· 4th Cir.· 1981-12-30 ·cited 4×
  The dissenting judge believes the presiding officer in administrative proceedings is immune from personal liability under § 1983 for evidentiary rulings.
• Street v. P. G. Cnty. Police Detective Cherba
  662 F.2d 1037· 4th Cir.· 1981-10-01 ·cited 4×
  Police officers are entitled to qualified immunity if they acted with a reasonable and good faith belief that they acted lawfully, even if their actions were later found unlawful.
• Jackson v. Ala. Dep't OF Pub. Safety
  657 F.2d 689· 5th Cir.· 1981-09-28 ·cited 4×·via Section 1983
  The court held that a claim alleging non-compliance with a prior consent decree must be litigated within that existing class action, not as a new independent suit.
• Wallace v. City OF NEW Orleans
  654 F.2d 1042· 5th Cir.· 1981-08-31 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that a plaintiff pursuing a claim under 42 U.S.C. § 1983 must prove intent to discriminate, not merely disparate impact, and that the evidence presented did not meet this standard.
• Harald Schleiffer v. Meyers
  644 F.2d 656· 7th Cir.· 1981-03-16 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  A child under eleven does not possess an independent constitutional right to override a custodial parent's decision regarding relocation.
• Hagopian v. Trefrey
  639 F.2d 52· 1st Cir.· 1981-02-03 ·cited 4×
  The court held that the town manager did not possess a constitutionally protected property or liberty interest in his employment, as the town charter allowed for dismissal without cause and the charges were not sufficiently serious or specific.
• In re Suspension to Practice Before the United States Dist. Court of the S. Dist. of Iowa of John D. Randall. Appeal of John D. Randall. John D. Randall v. Reynoldson
  640 F.2d 898· 8th Cir.· 1981-01-21 ·cited 4×
  The court held that the federal district courts did not err in disbarring Randall based on the Iowa Supreme Court's disbarment, and Randall is disbarred from the Eighth Circuit.
• Hebert v. Ventetuolo
  638 F.2d 5· 1st Cir.· 1981-01-20 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the students had no constitutional entitlement to play interscholastic sports, thus no due process claim for their suspension.
• Arrow v. DOW
  636 F.2d 287· 10th Cir.· 1980-12-23 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
• Aubuchon v. State OF Mo.
  631 F.2d 581· 8th Cir.· 1980-10-08 ·cited 4×
  The State of Missouri is not a proper party to an action brought under 42 U.S.C. § 1983, and any individual named would be protected by judicial immunity.
• Gloristeen Harris v. City OF Fort Myers
  624 F.2d 1321· 5th Cir.· 1980-08-28 ·cited 4×
  The court held that the trial court did not err in awarding attorney's fees to the plaintiffs, as they were the prevailing party, even though the judgment was by consent, and the award was based on appropriate standards.
• Robinson v. Price
  615 F.2d 1097· 5th Cir.· 1980-04-24 ·cited 4×
  The court held that the district court erred in granting a directed verdict, as the plaintiff's termination for participating in a church committee, which conflicted with the Association's policy due to a board member's involvement, may have infringed his First Amendment rights.
• Waste Mgmt. OF Wis., Inc. v. Fokakis
  614 F.2d 138· 7th Cir.· 1980-02-01 ·cited 4×
  Federal courts lack jurisdiction to hear a corporation's collateral attack under 42 U.S.C. § 1983 on a state court criminal conviction, as habeas corpus is the exclusive federal remedy for such attacks.
• Ledford v. Delancey
  612 F.2d 883· 4th Cir.· 1980-01-09 ·cited 4×·via 42 U.S.C. § 1983 Liability
  A plaintiff who lacks a legal qualification for a job cannot claim a First Amendment or due process violation from termination, but may have a claim regarding substantially false information in their personnel file.
• Glouser v. Parratt
  605 F.2d 419· 8th Cir.· 1979-09-13 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a prisoner's claim of constitutional violation based on a disparity between prison disciplinary penalties and outside criminal penalties fails to state a claim.
• LaSALLE Nat'l Bank under Tr. No. 44891 v. Rosewell
  604 F.2d 530· 7th Cir.· 1979-08-24 ·cited 4×
  The Tax Injunction Act does not bar federal jurisdiction over a civil rights action seeking to enjoin the collection of state taxes if the state's legal remedy is not plain, speedy, and efficient, particularly when that remedy fails to provide interest on refunds.
• Earnest Richardson v. The City OF Conroe
  582 F.2d 19· 5th Cir.· 1978-10-11 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that the jury charge adequately presented the issue of police officer liability for a constitutional tort, and that the jury's finding of good faith refuted the appellant's claims.
• Mashel Robinson v. Benton
  579 F.2d 70· 10th Cir.· 1978-07-13 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the trial court lacked sufficient facts to dismiss the action and that a record needed to be developed.
• Atkinson v. Bass
  579 F.2d 865· 4th Cir.· 1978-07-13 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the ex parte communication by defendants to withdraw their hearing request, without notice to the plaintiff, prejudiced the plaintiff's procedural rights and warrants reversal.
• Burnett v. McNABB
  565 F.2d 398· 6th Cir.· 1977-11-04 ·cited 4×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the Beer Board members were immune from suit because they acted in good faith in their quasi-judicial capacity. The court also held that there was no pendent federal jurisdiction under the cited Tennessee statute.
• Ellis Dwight Williams v. Mason DAY
  553 F.2d 1160· 8th Cir.· 1977-04-21 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  A school board's decision not to renew a non-tenured teacher's contract is permissible if the board can demonstrate it would have made the same decision absent any constitutionally protected conduct by the teacher.
• Smith v. Klecker
  554 F.2d 848· 8th Cir.· 1977-04-19 ·cited 4×
  The court held that the defamation claim failed to state a federal claim and that defendants were likely immune from damages.
• Stephenson v. Gaskins
  531 F.2d 765· 5th Cir.· 1976-05-14 ·cited 4×
  A sheriff is shielded by qualified immunity in § 1983 false imprisonment suits, requiring a determination of good faith and reasonableness, not an outright dismissal.
• Wright v. Chief OF Transit Police
  527 F.2d 1262· 2d Cir.· 1976-01-15 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the named defendants, acting in their official capacity, are 'persons' within the meaning of 42 U.S.C. § 1983, and thus the district court has jurisdiction under 28 U.S.C. § 1343(3).
• Leva Adkins v. The Honorable Robert C. Underwood
  520 F.2d 890· 7th Cir.· 1975-07-17 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted, affirming the dismissal.
• Holder v. Nelson
  514 F.2d 1091· 9th Cir.· 1975-04-29 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court erred in dismissing the action and denying the request for a three-judge court, as the claims presented were not insubstantial.
• William and Denise Bynes v. Toll
  512 F.2d 252· 2d Cir.· 1975-02-06 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The State University of New York at Stony Brook is not constitutionally required to allow married students with children to live in dormitory suites not designed for family living, as the ban is rationally related to safety concerns.
• Henderson v. Warden, Thrower
  497 F.2d 125· 5th Cir.· 1974-07-12 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that jail officials acting under a federal contract to house federal prisoners are still liable under 42 U.S.C. § 1983 for deprivation of adequate medical care.
• Jones v. Connors
  496 F.2d 82· 5th Cir.· 1974-06-21 ·cited 4×
  The court held that a pro se prisoner's complaint alleging constitutional violations regarding transfer, privileges, and property deprivation cannot be dismissed without factual development.