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

• Parrish v. Donnell Luckie
  963 F.2d 201· 8th Cir.· 1992-04-30 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that sufficient evidence supported the jury's finding of a municipal policy or custom of deliberate indifference to police misconduct, and that the admission of prior violent acts was proper to show knowledge of propensity.
• Haymons v. Williams
  795 F. Supp. 1511· M.D. Fla.· 1992-04-30 ·cited 2×
  The court held that the termination of home health care providers under the Medicaid program, which resulted in the cessation of benefits for recipients without prior notice or hearing, constituted a termination of benefits triggering procedural due process rights under the Medic
• Holt v. Caspari
  961 F.2d 1370· 8th Cir.· 1992-04-17 ·cited 2×
  The court held that a guilty plea to criminal charges arising from the same incident moots a subsequent appeal regarding the propriety of prison disciplinary proceedings, and that the disciplinary board's decision was supported by some evidence and did not violate due process.
• Whiting v. Kirk
  960 F.2d 248· 1st Cir.· 1992-03-30 ·cited 2×·via § 1983 Suit
  The dissenting judge believes the officials' actions were not objectively reasonable, despite the majority's reliance on qualified immunity.
• Flowers v. Phelps
  956 F.2d 488· 5th Cir.· 1992-03-30 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court affirmed the district court's judgment, holding that the notices of appeal were sufficient, the Eighth Amendment claim was properly assessed using the malicious intent standard, and the Eleventh Amendment did not bar the state law claim due to the intentional nature of
• Barnhill v. Doiron
  958 F.2d 200· 7th Cir.· 1992-03-26 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court did not abuse its discretion in denying the inmate's request for appointed counsel under 28 U.S.C. § 1915(d).
• Hancock v. Dodson
  958 F.2d 1367· 6th Cir.· 1992-03-23 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that admitting a guilty plea to a misdemeanor and allowing questioning about a prior insurance claim constituted reversible error.
• Diercks v. Durham
  959 F.2d 710· 8th Cir.· 1992-03-23 ·cited 2×
  The court held that the supervisor was not entitled to qualified immunity and that the inmate's claim regarding actual damages causation was not preserved for appeal.
• Heflin v. Stewart Cnty.
  958 F.2d 709· 6th Cir.· 1992-03-09 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The dissenting judge would not find a sufficient causal nexus for liability and would accord individual defendants qualified immunity.
• Jones v. Lewis
  957 F.2d 260· 6th Cir.· 1992-02-25 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The district court did not exceed the scope of the appellate mandate by submitting the issue of consent to the jury, and the appellant failed to preserve issues regarding jury instructions and sufficiency of evidence for appellate review.
• Gross v. Heikien
  957 F.2d 531· 8th Cir.· 1992-02-20 ·cited 2×
  The court held that a state court's decision on constitutional claims has collateral estoppel effect in a subsequent federal § 1983 action, even if the state proceedings were required by comity considerations for federal habeas corpus.
• Ervan Purnell v. Lord
  952 F.2d 679· 2d Cir.· 1992-01-03 ·cited 2×
  The court held that the revocation of an inmate's correspondence privilege was reasonably related to legitimate penological interests and that no clearly established liberty interest existed for due process claims, thus affirming the lower court's decision.
• Harwin v. Goleta Water Dist.
  953 F.2d 488· 9th Cir.· 1991-12-30 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  A water district ordinance that disqualifies a board member from considering a water service application if the applicant contributed $250 or more to the member's campaign, but does not disqualify the member if an opponent of the application made a similar contribution, violates
• Kinney v. Ind. Youth Ctr.
  950 F.2d 462· 7th Cir.· 1991-12-09 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The Eighth Amendment governs a prisoner's claim of excessive force used to prevent escape, and the officer's actions in shooting the escaping inmate did not constitute cruel and unusual punishment.
• Weaver v. Toombs
  948 F.2d 1004· 6th Cir.· 1991-11-06 ·cited 2×
  The court held that imposing costs against indigent prisoners for non-frivolous appeals violates equal protection because it is not rationally related to a legitimate government purpose.
• Losinski v. Cnty. OF Trempealeau
  946 F.2d 544· 7th Cir.· 1991-10-24 ·cited 2×·via Section 1983
  The court held that the victim's estate could not bring a federal due process claim under § 1983 because the state did not create the danger or hold the victim in custody, and that a state law negligence claim against the deputy presented a material issue of fact regarding breach
• Leshore v. Cnty. OF Worcester
  945 F.2d 471· 1st Cir.· 1991-10-01 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that the district court did not abuse its discretion in removing the default judgment against the county and that the jury instructions were not plain error.
• Scher v. Engelke
  943 F.2d 921· 8th Cir.· 1991-09-11 ·cited 2×
  The court held that retaliatory cell searches and conduct violations can constitute an Eighth Amendment violation, even without physical pain, and that the prison guard was not entitled to qualified immunity.
• Arthuro Q. Bermudez v. Duenas
  936 F.2d 1064· 9th Cir.· 1991-06-18 ·cited 2×
  The Guam parole statute creates a liberty interest protected by due process, requiring reversal of the dismissal of the due process claim. Other claims were properly dismissed.
• Miltier v. Downes
  935 F.2d 660· 4th Cir.· 1991-06-11 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court vacated the Rule 11 sanctions and remanded for reconsideration, finding the district court did not adequately assess counsel's conduct from an ex ante perspective and failed to consider the least severe sanction adequate to serve Rule 11's purposes.
• Chowaniec v. Arlington Park Race Track
  934 F.2d 128· 7th Cir.· 1991-06-07 ·cited 2×
  The court held that the Supreme Court's decision in Kay v. Ehrler, which prohibits pro se attorneys from recovering fees under section 1988, applies retroactively and governs the appeal, and that the defendants' failure to cross-appeal prevents challenging the initial fee award.
• Reprinted Opinion Derek Vinson v. Heckmann
  940 F.2d 114· 5th Cir.· 1991-05-22 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the inmate's appeal was frivolous and affirmed the dismissal of his § 1983 suit and denial of counsel, imposing sanctions to prevent future frivolous filings.
• Forte v. Sullivan
  935 F.2d 1· 1st Cir.· 1991-05-16 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that the district court's dismissal of the plaintiff's complaint was premature and vacated the dismissal, remanding for further proceedings.
• Balaguer-Santiago v. Hon. Jaime Torres-Gaztambide
  932 F.2d 1015· 1st Cir.· 1991-05-14 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a politically motivated demotion, as opposed to a constructive discharge, was not a clearly established constitutional violation in 1985, thus entitling officials to qualified immunity.
• Am. Fire v. Roxani M. Gillespie
  932 F.2d 816· 9th Cir.· 1991-05-08 ·cited 2×
  Qualified immunity is an affirmative defense only to damage liability and does not bar actions for declaratory or injunctive relief.
• McKEEVER v. Block
  932 F.2d 795· 9th Cir.· 1991-05-02 ·cited 2×
  The court held that the amended complaint was not frivolous and therefore the plaintiff's refusal to file a second amended complaint did not constitute an unreasonable failure to prosecute.
• Miss. Prot. & Advocacy Sys., Inc. v. Cotten
  929 F.2d 1054· 5th Cir.· 1991-04-29 ·cited 2×
  The court held that the Center's restrictive visitation policies interfered with the Mississippi Protection and Advocacy System's (MP & A) ability to effectively advocate for residents, violating the Developmental Disabilities Act, and affirmed the district court's grant of summa
• Wedemeier v. City OF Ballwin
  931 F.2d 24· 8th Cir.· 1991-04-23 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the city was not liable under 42 U.S.C. § 1983 as there was no evidence of a municipal policy or custom causing the officers' misconduct. The court also affirmed the denial of certain costs but remanded for reconsideration of attorney's fees.
• Caldwell v. LeFAVER
  928 F.2d 331· 9th Cir.· 1991-03-20 ·cited 2×
  The social workers' conduct is shielded by qualified immunity because they did not violate clearly established constitutional or statutory rights of the parent.
• Moore v. Long
  924 F.2d 586· 5th Cir.· 1991-02-28 ·cited 2×
  The court held that the amended complaint adding a new defendant did not relate back to the original complaint because the new defendant did not receive timely notice within the limitations period.
• Gray v. Detective Spillman
  925 F.2d 90· 4th Cir.· 1991-02-07 ·cited 2×
  Serious physical injury is not an essential element of a 42 U.S.C. § 1983 claim when the allegation is being beaten or threatened during custodial interrogation. Summary judgment for the officers is reversed because the plaintiff's testimony creates a genuine issue of material fa
• Dean v. City OF Worcester
  924 F.2d 364· 1st Cir.· 1991-01-23 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officers' use of force was objectively reasonable under the Fourth Amendment and state law, and thus summary judgment for the defendants was proper.
• Carelli v. Howser
  923 F.2d 1208· 6th Cir.· 1991-01-18 ·cited 2×
  The court held that while plaintiffs are beneficiaries of Title IV-D, the comprehensive remedial scheme provided by Congress forecloses a private right of action under 42 U.S.C. § 1983 for alleged statutory violations.
• Gegenheimer v. Raoul A. "Skip" Galan, Jr.
  920 F.2d 307· 5th Cir.· 1991-01-09 ·cited 2×·via 42 U.S.C. § 1983 Liability
  A successor clerk of court, sued in his official capacity, is liable for an intentional tort committed by his predecessor, as the liability attaches to the office, not the individual.
• Friend v. Kolodzieczak
  923 F.2d 126· 9th Cir.· 1991-01-03 ·cited 2×
  A prison regulation prohibiting inmates from possessing rosaries and scapulars in their cells is valid if reasonably related to legitimate penological interests.
• Miles v. Metro. Dade Cnty.
  916 F.2d 1528· 11th Cir.· 1990-11-09 ·cited 2×
  The court held that billing court costs to tenants against whom eviction actions were improperly brought is illegal. However, tenants against whom eviction actions were properly brought and who subsequently paid court costs are not entitled to relief under the Brooke Amendment an
• Town OF Lake Clarke Shores v. Page
  569 So. 2d 1256· Fla.· 1990-11-08 ·cited 2×
  The Florida Supreme Court held that state trial courts have subject matter jurisdiction over 42 U.S.C. § 1983 actions against municipalities, rejecting the town's sovereign immunity defense. Following the U.S. Supreme Court's decision in Howlett v. Rose, the court clarified that
• Elder S. Chambers v. Maher
  915 F.2d 1141· 7th Cir.· 1990-10-15 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that a reasonable jury could have found that Captain Maher acted reasonably in believing that the seized property (vinyl bag, Bible, pamphlets) was relevant to a noise pollution prosecution, thus reversing the JNOV.
• Crooks v. Maynard
  913 F.2d 699· 9th Cir.· 1990-08-31 ·cited 2×
  The court held that Judge Maynard is protected by absolute judicial immunity because issuing a contempt citation to enforce a judicial order constitutes a judicial act performed within his colorable jurisdiction.
• Henson v. Sgt. T.S. Falls
  912 F.2d 977· 8th Cir.· 1990-08-29 ·cited 2×
  The court held that the magistrate made improper credibility determinations and misapplied the standard for a directed verdict, thus denying the plaintiff his right to a jury trial.
• Allen v. City OF Beverly Hills
  911 F.2d 367· 9th Cir.· 1990-08-21 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the appellant failed to allege facts sufficient to establish a constitutionally protected property interest in continued employment, and therefore, the district court did not err in dismissing the action or denying leave to amend.
• Welch v. Fritz
  909 F.2d 1330· 9th Cir.· 1990-07-27 ·cited 2×
  The appeal from the civil rights action dismissal is dismissed as untimely, and the dismissal of the habeas corpus petition is affirmed.
• Bianchi v. Bellingham Police Dep't
  909 F.2d 1316· 9th Cir.· 1990-07-26 ·cited 2×
  The court held that actual, uninterrupted incarceration is the touchstone for determining disability by incarceration under Washington's tolling provision, allowing the statute of limitations to be tolled.
• Huston v. Cranston J. Mitchell
  908 F.2d 275· 8th Cir.· 1990-07-06 ·cited 2×
  The court held that it lacked jurisdiction over the Johnmeyer appeal due to a failure to file a separate notice of appeal, and affirmed the dismissal of the Mitchell case as moot.
• Munz v. Crispus C. NIX
  908 F.2d 267· 8th Cir.· 1990-07-05 ·cited 2×
  The court should affirm the stay and allow the district court to consider remaining issues after state exhaustion.
• Rathert v. Vill. OF Peotone
  903 F.2d 510· 7th Cir.· 1990-06-01 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  A police department regulation prohibiting male officers from wearing ear studs off-duty is permissible if the decision-makers rationally perceived a community attitude that such conduct would impair the officers' effectiveness.
• Thomas v. City OF NEW Albany
  901 F.2d 476· 5th Cir.· 1990-05-18 ·cited 2×
  The court held that the Supreme Court's decision in Owens v. Okure should be applied to the plaintiff's case, even if viewed as a retroactivity issue, because no inequity resulted from its application.
• Morgan v. The City OF DeSOTO
  900 F.2d 811· 5th Cir.· 1990-05-10 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that summary judgment was improper for the arresting officers and the City of DeSoto because genuine issues of material fact existed regarding probable cause and qualified immunity, and potential municipal liability. Summary judgment for other defendants was affirm
• Burton v. Nault
  902 F.2d 4· 6th Cir.· 1990-05-04 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  Prison officials' opening and reading of an inmate's unmailed letter to his attorney was justified under the First Amendment when done to investigate a potential suicide involving drug use.
• Scott v. James
  902 F.2d 672· 8th Cir.· 1990-05-03 ·cited 2×
  The court affirmed the district court's judgment, holding that the plaintiff failed to demonstrate sufficient prejudice from defense counsel's improper remarks or other alleged errors to warrant a new trial.