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

• Westborough Mall, Inc. v. City OF Cape Girardeau
  901 F.2d 1479· 8th Cir.· 1990-05-01 ·cited 2×
  The court reserved judgment on the City's liability for the city manager's actions pending a determination of damages, remanding for that purpose.
• Melva Pressey v. Kendall R. Patterson
  898 F.2d 1018· 5th Cir.· 1990-04-23 ·cited 2×
  The court held that striking the City's answer and entering a default judgment for discovery abuse was an abuse of discretion, as the misconduct did not rise to the level of bad faith or willful abuse required for such a severe sanction.
• O'Reilly v. Cnty. Bd. OF Appeals FOR Montgomery Cnty.
  900 F.2d 789· 4th Cir.· 1990-04-13 ·cited 2×
  The dissenting judge believes the district court properly applied issue preclusion, barring the appellant from relitigating claims already rejected by the state court.
• Jones v. City OF Hamtramck
  905 F.2d 908· 6th Cir.· 1990-04-10 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The Sixth Circuit held that the Michigan tolling statute for imprisonment does not apply to a plaintiff who was merely under arrest when their cause of action accrued, as the statute requires actual imprisonment.
• Lawler v. Marshall
  898 F.2d 1196· 6th Cir.· 1990-03-26 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court erred in dismissing the prisoner's civil rights action as frivolous under 28 U.S.C. § 1915(d) because the complaint stated an arguable legal claim based on rational facts, and the denial of leave to amend was an abuse of discretion.
• Pachaly v. City OF Lynchburg
  897 F.2d 723· 4th Cir.· 1990-03-02 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that a jury could reasonably find that the search exceeded the warrant's scope and that the prosecutor may not be entitled to absolute immunity if investigating crimes beyond the indictment.
• Fetus Cornwell v. City OF Riverside
  896 F.2d 398· 9th Cir.· 1990-02-15 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  A city may pay punitive damages awarded against its employees in a civil rights action if the city determines it is in its best interest and the employees acted in good faith.
• Khalil-Ullah Al-Muhaymin v. Jones
  895 F.2d 1147· 6th Cir.· 1990-02-15 ·cited 2×
  The court held that venue was proper under 28 U.S.C. § 1392(a) when defendants reside in different districts within the same state, and the district court erred in dismissing the action sua sponte.
• Sanchez v. Vild
  891 F.2d 240· 9th Cir.· 1989-12-07 ·cited 2×
  The court held that a difference of medical opinion regarding treatment does not constitute deliberate indifference to serious medical needs, and affirmed the grant of summary judgment.
• Howell v. The Supreme Court OF Tex.
  885 F.2d 308· 5th Cir.· 1989-10-11 ·cited 2×
  The Fifth Circuit affirmed the district court's dismissal for lack of jurisdiction under the Rooker-Feldman doctrine and upheld the imposition of Rule 11 sanctions.
• LUX v. Hansen
  886 F.2d 1064· 8th Cir.· 1989-10-10 ·cited 2×
  The court held that the defendants were protected by qualified immunity on the civil rights claim and by state statute immunity on the state law negligence claim.
• Achterhof v. Selvaggio
  886 F.2d 826· 6th Cir.· 1989-10-06 ·cited 2×
  The court held that the district court erred in dismissing the section 1983 claims, as the social worker's actions in investigating child abuse and maintaining a name on the central registry were investigatory or administrative, not prosecutorial, and thus not entitled to absolut
• Shoultes v. Laidlaw
  886 F.2d 114· 6th Cir.· 1989-09-18 ·cited 2×
  The court held that a federal habeas petition must be dismissed if it contains any unexhausted claims, and that local legislators, city attorneys, and judges are shielded by absolute immunity for actions taken within their official capacities.
• Renfro v. Cuyahoga Cnty. Dep't OF Human Servs.
  884 F.2d 943· 6th Cir.· 1989-09-18 ·cited 2×
  The court held that the foster parents' relationship with the child did not constitute a constitutionally protected liberty interest, and thus they failed to state a claim under § 1983.
• Page v. Valentine
  552 So. 2d 212· Fla. 4th DCA· 1989-09-06 ·cited 2×
  A fired municipal police officer appealed a trial court order dismissing his § 1983 civil rights action on sovereign immunity grounds. The appellate court reversed, holding that state courts have subject matter jurisdiction over § 1983 actions against municipalities.
• Blankenship v. Kerr Cnty.
  878 F.2d 893· 5th Cir.· 1989-08-04 ·cited 2×
  The court held that genuine issues of material fact precluded summary judgment on the federal § 1983 claims and that the plaintiff had stated viable state law claims for negligent and intentional infliction of emotional distress and under the Texas Tort Claims Act.
• Miller v. Dick I. Taylor
  877 F.2d 469· 6th Cir.· 1989-06-09 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury instructions on the reasonableness of deadly force and the burden of proof for self-defense were not erroneous.
• Inmates OF THE Allegheny Cnty. Jail v. Cyril H. Wecht
  873 F.2d 55· 3d Cir.· 1989-05-01 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the appeal must be dismissed for lack of jurisdiction because the Commonwealth failed to file a timely petition for leave to appeal under Fed.R.App.P. 5.
• Dante Todaro v. Bowman
  872 F.2d 43· 3d Cir.· 1989-04-10 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that summary judgment was improvidently granted because genuine issues of material fact remain regarding whether the prisoner's confinement was punitive and whether prison regulations created a protected liberty interest.
• Moss v. The City OF Colo. Springs
  871 F.2d 112· 10th Cir.· 1989-03-28 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that the jury's verdicts were inconsistent and could not be harmonized, necessitating a remand for a new trial.
• Abernathy v. Perry
  869 F.2d 1146· 8th Cir.· 1989-03-15 ·cited 2×
  The court held that the prison's substantial compliance with its own policy regarding investigative status, despite some procedural irregularities, did not violate the inmate's due process rights.
• Perez v. Seevers
  869 F.2d 425· 9th Cir.· 1989-03-08 ·cited 2×
  The court held that the district court correctly dismissed the action as barred by the statute of limitations, applying Nevada's residual personal injury statute of limitations to the § 1983 claim.
• Tomlin v. McDANIEL
  865 F.2d 209· 9th Cir.· 1989-01-10 ·cited 2×
  A motion for relief from judgment under Fed.R.Civ.P. 60(b) cannot be used to revive a case that became final before changes in the applicable law occurred.
• Chambers v. Ingram
  858 F.2d 351· 7th Cir.· 1988-09-21 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the jury verdict for medical malpractice against the psychologist, finding sufficient evidence of negligence and proximate causation, but reversed the directed verdict on the civil rights claim, remanding for further consideration of costs.
• Cooper v. Petray
  854 F.2d 301· 8th Cir.· 1988-08-16 ·cited 2×·via § 1983 Suit
  The court held that genuine issues of material fact exist regarding the defendants' entitlement to qualified immunity, precluding summary judgment.
• Brown v. W.B. Flury
  848 F.2d 158· 11th Cir.· 1988-06-27 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that any error in allowing the impeachment of inmate witnesses with prior convictions was harmless because the jury was already aware of their criminal history.
• Emmitt Valentine v. Conquest
  850 F.2d 951· 3d Cir.· 1988-06-20 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the grant of a preliminary injunction, finding the district court did not abuse its discretion in determining the proposed changes to the prison's legal assistance program would impair inmates' constitutional right of access to the courts.
• Pilarowski v. MacOmb Cnty. Health Dept. & Macomb Cnty. Bd. of Comm'rs
  841 F.2d 1281· 6th Cir.· 1988-03-15 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The district court misapplied Monell by requiring proof of a municipal policy or custom when the deprivation of rights stemmed from an act of the county's legislative body.
• George v. J.D. White
  837 F.2d 1516· 11th Cir.· 1988-02-23 ·cited 2×·via Section 1983
  The court held that while property claims were barred by res judicata, the cruel and unusual punishment claim was not, as it involved a different cause of action requiring different evidence under Alabama law.
• Americans United FOR Separation OF Church & State v. The Sch. Dist. OF the City OF Grand Rapids
  835 F.2d 627· 6th Cir.· 1987-12-16 ·cited 2×·via 42 U.S.C. § 1983 Cause Of Action
  The court held that attorney's fees under 42 U.S.C. § 1988 are only available if the action explicitly enforces one of the enumerated civil rights statutes, not merely if the substance of the claim could be construed as such.
• Frank v. Hernandez
  833 F.2d 1316· 9th Cir.· 1987-12-07 ·cited 2×
  The court held that a prisoner has no constitutional right to a particular classification status or to have opinions and evaluations in his prison file corrected under the Washington State Criminal Records Privacy Act.
• Stewart v. P.O. Gary Lattanzi
  832 F.2d 12· 2d Cir.· 1987-10-26 ·cited 2×
  The court held that the district court erred in sua sponte dismissing the complaint for failure to state a claim based on absolute immunity without allowing the plaintiff an opportunity to present evidence.
• Graham v. Gray
  827 F.2d 679· 10th Cir.· 1987-09-01 ·cited 2×
  The denial of a motion for a protective order from discovery, even when grounded on qualified immunity, is not an immediately appealable "final decision" under 28 U.S.C. § 1291, as such orders are reviewed for abuse of discretion, not solely on issues of law.
• Pasterczyk v. Fair
  819 F.2d 12· 1st Cir.· 1987-05-29 ·cited 2×·via 42 U.S.C. § 1983 Claim For Damages
  A prior state court judgment for declaratory and injunctive relief, which granted sentence credit, has res judicata effect and bars a subsequent federal § 1983 damages action for the same underlying grievance, as the damages claim could have been raised in the state action.
• Hensley v. Carey
  818 F.2d 646· 7th Cir.· 1987-05-12 ·cited 2×·via 42 U.S.C. § 1983 Liability
  Police officers are not liable under 42 U.S.C. § 1983 for conducting an unduly suggestive lineup if the evidence from that lineup is not used at trial and does not result in a deprivation of the right to a fair trial.
• Sparks v. The Character & Fitness Comm. OF Ky.
  818 F.2d 541· 6th Cir.· 1987-05-11 ·cited 2×·via 42 U.S.C. § 1983 Violations
  Officials performing quasi-judicial duties related to bar admissions, even if not judges, are entitled to absolute judicial immunity.
• Quincy West v. Atkins
  815 F.2d 993· 4th Cir.· 1987-04-09 ·cited 2×·via 42 U.S.C. § 1983 Liability
  A private physician under contract with a state prison to provide medical services does not act under color of state law when exercising independent professional judgment, even if the patient is a prisoner.
• Clark v. Honorable R.I. Prichard, III
  812 F.2d 991· 5th Cir.· 1987-03-23 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  A probationer's challenge to a condition of probation must be brought as a habeas corpus action, not a section 1983 civil rights action, due to the blurred distinction between the fact and conditions of confinement.
• Callahan v. Hon. Albert L. Rendlen. Hon. Lawrence O. Davis
  806 F.2d 795· 8th Cir.· 1986-12-04 ·cited 2×
  A judge is entitled to judicial immunity from a civil suit for damages under 42 U.S.C. § 1983 when acting within his judicial capacity and with subject matter jurisdiction.
• Brown v. City of Clewiston
  644 F. Supp. 1407· S.D. Fla.· 1986-09-30 ·cited 2×·via 42 U.S.C. § 1983 Liability For Municipalities
  The court granted summary judgment for the City, finding no genuine issue of material fact regarding the existence of an unconstitutional policy or custom that caused the plaintiff's injury, and that the state negligence claim was governed by state law, not city regulations.
• Burt Cole v. Williams
  798 F.2d 280· 8th Cir.· 1986-08-04 ·cited 2×
  The court held that the district court properly denied the motion for a new trial and correctly granted judgment n.o.v. on the failure to take before a magistrate charge, but erred in dismissing the City of Westville.
• Morris v. Cnty. OF Tehama
  795 F.2d 791· 9th Cir.· 1986-07-28 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that prosecutorial and judicial immunity barred claims against certain defendants, and state court judgments had preclusive effect, but reversed dismissal for Officer Carlton due to unresolved immunity issues.
• Vester v. W.P. Rogers
  795 F.2d 1179· 4th Cir.· 1986-07-18 ·cited 2×
  A prison regulation restricting inmate-to-inmate correspondence between institutions is constitutional if rationally related to legitimate penological objectives and does not constitute an absolute denial of speech rights.
• Rodriguez v. Schweiger
  796 F.2d 930· 7th Cir.· 1986-07-17 ·cited 2×
  A plaintiff's guilty plea in state court collaterally estops them from relitigating facts underlying the plea in a subsequent federal civil rights action, absent special circumstances like fraud or newly discovered evidence.
• Bishop v. State BAR OF Tex.
  791 F.2d 435· 5th Cir.· 1986-06-11 ·cited 2×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the State Bar of Texas is not a 'person' under § 1983 and that its employees are protected by immunity, affirming the dismissal of Bishop's claims.
• Brown Harris II v. Mo. Conservation Comm'n
  790 F.2d 678· 8th Cir.· 1986-05-08 ·cited 2×
  The court held that Missouri law provides adequate post-deprivation remedies for property takings, thus the federal court lacked subject matter jurisdiction.
• Cline v. Supreme Court OF Ga.
  781 F.2d 1541· 11th Cir.· 1986-02-10 ·cited 2×
  A state rule distinguishing between graduates of approved and non-approved law schools for bar admission, and limiting the number of times an applicant may take the exam, does not violate substantive due process or equal protection.
• Hartley v. Camden R. Fine
  780 F.2d 1383· 8th Cir.· 1985-12-31 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court properly instructed the jury on causation and qualified immunity, and that the plaintiff failed to establish a property right in his employment under Missouri law.
• Love v. Sheffield
  777 F.2d 1453· 11th Cir.· 1985-12-11 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
• Patten v. Glaser
  771 F.2d 1178· 8th Cir.· 1985-09-05 ·cited 2×
  The court held that the district court did not err in dismissing the appellant's claims against the state judge.