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

• Johnson v. Officer Swyka
  763 F.2d 602· 3d Cir.· 1985-06-19 ·cited 2×
  The court held that the case must be remanded for reconsideration of the statute of limitations in light of Supreme Court precedent.
• Smith v. Warden James Rose
  760 F.2d 102· 6th Cir.· 1985-04-19 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the availability of a state remedy for property deprivation must be assessed on a case-by-case factual basis, not solely on the theoretical adequacy of state statutes.
• Craine v. Alexander
  756 F.2d 1070· 5th Cir.· 1985-03-25 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that the Board of Supervisors could not be held liable under § 1983 as Mississippi law imposed the duty of prisoner protection on the sheriff, not the Board, and that the Antipeonage Act claim failed due to lack of evidence of state responsibility for the alleged p
• Kines v. DAY
  754 F.2d 28· 1st Cir.· 1985-02-05 ·cited 2×
  The court held that the prison's "Publishers Only Rule" was not facially unconstitutional and that the inmate's challenge to the rule as applied was not ripe for decision due to insufficient evidence of specific harm.
• Preston v. Smith
  750 F.2d 530· 6th Cir.· 1984-12-19 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a state prisoner's claim for deprivation of property is barred if the state provides an adequate post-deprivation remedy, and that claims for unconstitutional segregation require further consideration in light of recent Supreme Court decisions.
• McCAW v. Winter
  745 F.2d 533· 8th Cir.· 1984-10-09 ·cited 2×
  The court held that the state court judge and clerk were absolutely immune from liability for actions taken in their judicial capacities, thus the § 1983 action was frivolous.
• Holt v. Dunn
  741 F.2d 169· 8th Cir.· 1984-08-21 ·cited 2×·via § 1983 Suit
  The court held that a court reporter is entitled to qualified immunity when acting within their lawful authority and in good faith compliance with court rules regarding transcript preparation.
• Alexander v. Johnson
  742 F.2d 117· 4th Cir.· 1984-08-17 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that while the North Carolina restitution program for court-appointed counsel fees is facially constitutional, the appellant's claim of unconstitutional application must first be exhausted through state remedies, specifically habeas corpus.
• Parks v. Collins
  736 F.2d 313· 5th Cir.· 1984-07-16 ·cited 2×
  The court held that a local rule setting procedures for magistrate consent is not jurisdictional, and a party who failed to object to non-compliance below cannot raise the issue on appeal.
• Stephens v. Bowie Cnty.
  724 F.2d 434· 5th Cir.· 1984-01-06 ·cited 2×
  The court held that the district court properly invoked the Pullman abstention doctrine and dismissed the case without prejudice.
• Mireles v. Crosby Cnty. & Cnty. Judge Robert Work
  724 F.2d 431· 5th Cir.· 1984-01-06 ·cited 2×
  The court held that the district court properly invoked the Pullman abstention doctrine, requiring dismissal without prejudice to allow state courts to clarify ambiguous state law.
• Yancey v. Jacquetta Alexander
  724 F.2d 93· 8th Cir.· 1983-12-30 ·cited 2×
  The court held that the plaintiff failed to allege the requisite injury from the defendant's actions, thus affirming the dismissal of his section 1983 action.
• Winicki v. Mallard
  441 So. 2d 693· Fla. 1st DCA· 1983-11-21 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The appellate court affirmed the denial of attorney's fees to a pro se attorney litigant, despite the attorney's argument that a prior case did not preclude such an award.
• Barnard v. Young
  720 F.2d 1188· 10th Cir.· 1983-11-15 ·cited 2×·via 42 U.S.C. § 1983 Liability
  A private attorney using a state-authorized subpoena duces tecum to obtain medical records does not act under color of state law for purposes of 42 U.S.C. § 1983.
• Lukovsky v. Commissioner OF Revenue
  710 F.2d 453· 8th Cir.· 1983-06-24 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiffs failed to show a constitutional violation of their Fifth Amendment privilege against self-incrimination, and the action may be barred by the Eleventh Amendment.
• Mims v. Shapp
  702 F.2d 453· 3d Cir.· 1983-03-21 ·cited 2×
  The court held that the case should be remanded for reconsideration in light of a Supreme Court decision regarding due process for inmates in administrative confinement.
• Johnson v. King
  696 F.2d 370· 5th Cir.· 1983-01-24 ·cited 2×
  The court held that the district court erred in granting summary judgment based on failure to exhaust administrative remedies, as the Supreme Court's decision in Patsy v. Florida Board of Regents altered the exhaustion requirements for § 1983 actions.
• Rhoades v. The Honorable Craig Penfold
  694 F.2d 1043· 5th Cir.· 1983-01-06 ·cited 2×
  The court held that the federal district court had jurisdiction, did not err in refusing to abstain or apply res judicata, but did err in granting summary judgment and certifying a class action.
• Arkhola Sand & Gravel Co. v. City OF Booneville
  694 F.2d 528· 8th Cir.· 1982-12-07 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a materialman does not have a constitutionally protected property interest in a surety bond that a municipality failed to require, thus failing to state a claim under 42 U.S.C. § 1983.
• Price v. Baker
  693 F.2d 952· 10th Cir.· 1982-12-01 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the sheriff competently discharged his duties and that his wife was not acting under color of state law when she struck the plaintiff.
• Owen v. Kimmel
  693 F.2d 711· 7th Cir.· 1982-11-26 ·cited 2×
  The court held that the district court erred by relying on prior case law without considering the impact of Patsy v. Board of Regents and 42 U.S.C. § 1997e regarding exhaustion of administrative remedies in Section 1983 actions.
• ZAK v. Pilla
  698 F.2d 800· 6th Cir.· 1982-11-02 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that federal courts should decline jurisdiction in adoption matters, as these are traditionally within the purview of state courts.
• Dyson v. Kocik
  689 F.2d 466· 3d Cir.· 1982-10-05 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the prison disciplinary committee's vague written statement of findings violated an inmate's due process rights. The court vacated the grant of summary judgment on these claims.
• Ellison v. DE LA Rosa
  685 F.2d 959· 5th Cir.· 1982-09-13 ·cited 2×
  The court held that a section 1983 action against appointed counsel for ineffective assistance of counsel fails because such counsel does not act under color of state law.
• Stephen Kenneth MacKey # 040811 v. Gonzalez
  662 F.2d 712· 11th Cir.· 1981-11-23 ·cited 2×
  The court vacated the district court's dismissal order and remanded for clarification regarding the exhaustion of state remedies.
• Morrison v. FOX
  660 F.2d 87· 3d Cir.· 1981-10-02 ·cited 2×·via 42 U.S.C. § 1983 Liability For Municipalities
  A plaintiff who fails to establish a municipality's liability for money damages under 42 U.S.C. § 1983 cannot recover attorney's fees against the municipality under 42 U.S.C. § 1988.
• Burton v. State OF Miss.
  650 F.2d 91· 5th Cir.· 1981-07-07 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that even if Rule 60(b) relief were available, it would be inappropriate to revive the prior judgment due to the passage of time and the fact that the original trial was not significantly impacted by the overruled precedent.
• White v. Wyrick
  651 F.2d 597· 8th Cir.· 1981-06-17 ·cited 2×
  A federal court properly denied a habeas corpus petition where the petitioner failed to exhaust available state remedies for most of his claims.
• Northwood Apts. v. LaVALLEY
  649 F.2d 401· 6th Cir.· 1981-05-14 ·cited 2×
  The dissenting judge would hold that federal courts lack subject matter jurisdiction under 42 U.S.C. §§ 1983 or 1985 for actions by taxpayers against local tax assessors for damages, especially when an adequate state remedy exists. The judge would also affirm dismissal based on t
• The Honorable Robert Mandel v. The Honorable: Ralph J. Erickstad
  648 F.2d 1175· 8th Cir.· 1981-05-13 ·cited 2×
  The court affirmed the district court's dismissal, holding that the plaintiff's allegations did not state a denial of federal statutory or constitutional rights.
• Seemiller v. Cir. Court Clerk OF ST. Charles Cnty.
  640 F.2d 175· 8th Cir.· 1981-02-12 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the civil rights action was prematurely filed while state court proceedings were still ongoing. The dismissal was affirmed without prejudice.
• Underwood v. Pritchard
  638 F.2d 60· 8th Cir.· 1981-01-21 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the pro se plaintiff's complaint failed to state a claim under 42 U.S.C. § 1983, and the remaining issue was moot.
• Dunn v. Hackworth
  628 F.2d 1111· 8th Cir.· 1980-08-27 ·cited 2×
  The court held that a privately retained attorney's status as a state juvenile officer, without more, does not transform their representation into state action for purposes of a § 1983 claim.
• McCRAY v. Burrell
  622 F.2d 705· 4th Cir.· 1980-06-04 ·cited 2×
  The court held that Sergeant Smith was not entitled to qualified immunity for the first confinement because his testimony shifted to indicate he did not believe the inmate was mentally disturbed, negating the justification for the harsh conditions and lack of immediate profession
• Local NO. 1903 OF the Int'l Union v. Bear Archery
  617 F.2d 157· 6th Cir.· 1980-03-06 ·cited 2×·via 42 U.S.C. § 1983 Liability
  A local government may not be sued under § 1983 for an injury inflicted solely by its employees or agents; liability attaches when execution of a government's policy or custom causes the injury.
• Pardee v. Moses
  605 F.2d 865· 5th Cir.· 1979-11-01 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The dismissal of a pro se plaintiff's complaint for failure to provide a sufficiently definite statement was an abuse of discretion when the plaintiff made a good-faith effort to comply and the defendant was not prejudiced.
• Dominguez v. Beame
  603 F.2d 337· 2d Cir.· 1979-06-28 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that the trial court erred in dismissing the complaint against the arresting officers because the officers' belief that the arrest was supported by probable cause was not objectively reasonable.
• Williams v. Park Anderson
  599 F.2d 923· 10th Cir.· 1979-05-08 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that the evidence was legally insufficient to support judgments against prison officials for false imprisonment under 42 U.S.C. § 1983, as they reasonably relied on the records clerk's mistaken confirmation of the inmate's sentence.
• Roth v. United States Dep't OF Transp.
  572 F.2d 183· 8th Cir.· 1978-03-09 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that 42 U.S.C. § 4602(a) precludes judicial review of actions taken under the Uniform Relocation Assistance Act, thus the district court lacked subject matter jurisdiction.
• Mrs. Patsy Ruth White v. Dallas Indep. Sch. Dist.
  566 F.2d 906· 5th Cir.· 1978-01-26 ·cited 2×·via Section 1983
• Garnet Vinson v. Richmond Police Dept.
  567 F.2d 263· 4th Cir.· 1977-12-12 ·cited 2×
  The court affirmed the dismissal of the § 1983 action against the named defendants because neither the Police Department nor the Commonwealth Attorney are proper defendants under § 1983, and any claims against individual officers would be time-barred.
• Freeman v. Lockhart
  561 F.2d 728· 8th Cir.· 1977-09-01 ·cited 2×
  The court held that the district court's findings were not clearly erroneous and that the appellant failed to establish deliberate indifference to serious medical needs, thus affirming the dismissal of the section 1983 claim.
• Wester v. Jones
  554 F.2d 1285· 4th Cir.· 1977-05-19 ·cited 2×
  A prisoner's allegations of a doctor's negligence or incorrect diagnosis do not constitute deliberate indifference to serious medical needs, which is required to state a constitutional claim under the Eighth Amendment.
• Dema v. State OF Ill.
  546 F.2d 224· 7th Cir.· 1976-12-21 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court properly refused to convene a three-judge court and properly dismissed the complaint based on abstention principles.
• Gray v. Sherril
  542 F.2d 953· 5th Cir.· 1976-11-26 ·cited 2×
  The court held that the trial court did not err in denying a mistrial or in admitting character evidence.
• Poirier v. Carson
  537 F.2d 823· 5th Cir.· 1976-08-25 ·cited 2×
• Courtney v. Adams
  528 F.2d 1056· 8th Cir.· 1976-03-05 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  A mere disagreement with a prison physician regarding necessary medical care does not state a claim for relief under 42 U.S.C. § 1983.
• Lambert v. Honorable Kenneth A. Turner
  525 F.2d 1101· 6th Cir.· 1975-11-20 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court properly dismissed the action because no case or controversy existed after the consent injunction was entered, and plaintiffs lacked standing.
• Wood v. Okey A. Mills
  528 F.2d 321· 4th Cir.· 1975-10-22 ·cited 2×
  Gender-based wage differentials for substantially similar work violate the Equal Protection Clause of the Fourteenth Amendment, but denial of back pay and attorney fees may be affirmed if the defendant did not act with discriminatory intent or malice.
• Fontaine v. Walls
  515 F.2d 884· 5th Cir.· 1975-07-11 ·cited 2×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that a prisoner's suit for damages based on alleged physical mistreatment and improper confinement is a Section 1983 claim, not subject to the exhaustion requirement for habeas corpus actions.