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

• Brown v. R.N. Briscoe
  998 F.2d 201· 4th Cir.· 1993-05-21
  A district court may properly dismiss a prisoner's complaint sua sponte under 28 U.S.C. § 1915(d) if it lacks an arguable basis in law or fact, or is based on an indisputably meritless legal theory.
• Kasib T. Bilal v. A.L. Lockhart
  993 F.2d 643· 8th Cir.· 1993-05-20
  The court held that the district court did not abuse its discretion in admitting testimony about the unwritten commitment name policy, as its probative value outweighed any unfair prejudice.
• French v. Lt. Dedrick A. Beard
  993 F.2d 160· 8th Cir.· 1993-05-11
  The court held that the district court did not abuse its discretion in denying the motion for a new trial based on the verdict being against the weight of the evidence.
• Smith v. Noonan
  992 F.2d 987· 9th Cir.· 1993-05-10 ·via 42 U.S.C. § 1983 Civil Rights Action
  The Washington Administrative Code (WAC) does not create a liberty interest for prisoners to remain in the general prison population, and therefore, placing an inmate in administrative segregation does not violate due process rights.
• McCRARY-EL v. Shaw
  992 F.2d 809· 8th Cir.· 1993-05-06 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the trial court did not abuse its discretion in excluding witness testimony, admitting a videotape, or admitting conduct violation reports, and that any error in refusing a jury instruction regarding missing evidence was harmless.
• Mohamed Abdul Hafiz El-Tabech v. Gunter
  992 F.2d 183· 8th Cir.· 1993-04-30 ·via 42 U.S.C. § 1983 Claim For Damages
  The court held that it lacked jurisdiction to hear the appeal because the district court's order was not final and no injunction had been entered.
• Goff v. Dailey
  991 F.2d 1437· 8th Cir.· 1993-04-29
  The court held that prison disciplinary boards may not find an inmate guilty based on less than a preponderance of the evidence, as this violates due process. The dissent argues the majority incorrectly applied a standard of review instead of a standard of proof.
• Elenor Joyce Whittaker GAY v. Turner
  994 F.2d 425· 8th Cir.· 1993-04-28
  The court held that the temporary transfers to a mental hospital did not violate due process and that the defendants were entitled to qualified immunity for the administration of antipsychotic drugs.
• Settle v. Mickie Ross
  992 F.2d 162· 8th Cir.· 1993-04-23
  The court held that the plaintiff failed to adequately respond to the defendants' motion for summary judgment by not designating specific facts showing a genuine issue for trial.
• Davis v. Calzona Hall
  992 F.2d 151· 8th Cir.· 1993-04-22
  The court held that the plaintiff failed to state a claim for deliberate indifference to his serious medical needs under § 1983, and that mere negligence is insufficient for such a claim.
• Nereida-Gonzalez v. Cirilo Tirado-Delgado
  990 F.2d 701· 1st Cir.· 1993-04-14 ·via 42 U.S.C. § 1983 Civil Rights Action
  Qualified immunity shields government officials from liability for money damages for First Amendment violations if their conduct did not violate clearly established rights, but it does not bar claims for equitable relief against officials in their official capacities.
• Hallstrom v. City OF Garden City
  991 F.2d 1473· 9th Cir.· 1993-04-12
  The court held that a four-day detention without presentation to a magistrate, even when the detainee refused booking procedures, violates the Fourth Amendment's prompt presentment requirement, and that municipalities cannot claim qualified immunity.
• Thompson v. Walbran
  990 F.2d 403· 8th Cir.· 1993-04-02 ·via § 1983 Suit
  A prosecutor is entitled to absolute prosecutorial immunity for claims arising from conduct during a criminal prosecution and for retaining evidence. A FOIA claim for damages against an individual is not cognizable.
• Deaton v. Montgomery Cnty.
  989 F.2d 885· 6th Cir.· 1993-04-01 ·via 42 U.S.C. § 1983 Liability
  A county is not liable under 42 U.S.C. § 1983 for constitutional deprivations resulting from a municipality's custom, policy, or practice when the county has contracted with the municipality to operate a jail, as long as the county did not demonstrate deliberate indifference and
• Walters v. Grossheim
  990 F.2d 381· 8th Cir.· 1993-04-01
  Prison officials are not entitled to qualified immunity for failing to obey an unstayed state court judgment that created a liberty interest, and the denial of punitive damages was proper.
• Stachniak v. Hayes
  989 F.2d 914· 7th Cir.· 1993-03-19
  The court affirmed the district court's judgment, finding no reversible error in the jury instructions or the denial of a new trial motion.
• Mansfield Apt. Owners Ass'n v. City OF Mansfield
  988 F.2d 1469· 6th Cir.· 1993-03-12 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court's majority opinion, which this concurrence agrees with regarding the judgment, applied a rational basis test to a governmental scheme, finding it permissible. The concurring judge believes a reasonableness test is more appropriate for substantive due process claims.
• Shaumyan v. O'Neill
  987 F.2d 122· 2d Cir.· 1993-03-03
  Connecticut's prejudgment attachment statute, Conn.Gen.Stat. § 52-278e(a)(l), is constitutional as applied to a debtor-creditor dispute involving a claim for materials and labor furnished for home improvement.
• Murphy Charles Jones v. Dick Moore
  986 F.2d 251· 8th Cir.· 1993-02-19
  The court held that the Parole Board Chairman is entitled to absolute immunity and the parole officer is entitled to judgment because the plaintiff failed to present evidence of deliberate indifference or false reports.
• Gartrell v. R.S. Gaylor
  981 F.2d 254· 5th Cir.· 1993-01-21 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court abused its discretion by dismissing the inmate's § 1983 claims as frivolous, as the inmate presented a colorable claim for tolling of the statute of limitations due to exhaustion of administrative remedies and a potentially arguable claim re
• Mark v. Crispus NIX
  983 F.2d 138· 8th Cir.· 1993-01-13
  The confiscation of an inmate's rosary with a hard plastic crucifix, and the subsequent denial of his grievance, did not violate his constitutional rights.
• Thomas v. Bible
  983 F.2d 152· 9th Cir.· 1993-01-07 ·via 42 U.S.C. § 1983 Civil Rights Action
  The majority erred in holding that the law of the case prohibited the district court from awarding attorney's fees, as the prior appellate decision on fees was discretionary and did not establish law of the case for the district court.
• Brown v. Wigginton
  981 F.2d 913· 6th Cir.· 1992-12-21
  The court held that the plaintiff should have been given one year from the effective date of the repeal of the tolling statute to file her complaint.
• Zilich v. Lucht
  981 F.2d 694· 3d Cir.· 1992-12-17 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a prisoner's claim of denial of access to the courts, stemming from the confiscation of legal materials, is a substantive due process claim actionable under 42 U.S.C. § 1983 and is not foreclosed by the availability of state post-deprivation remedies under the
• Folden v. Wash. State Dep't OF Soc. & Health Servs.
  981 F.2d 1054· 9th Cir.· 1992-12-11
  The court affirmed the district court's decision, holding that Washington's Medicaid reimbursement rates complied with the Boren Amendment's procedural and substantive requirements and that the state was not entitled to attorneys' fees.
• King v. Davis
  980 F.2d 1236· 8th Cir.· 1992-12-08 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court affirmed the district court's grant of a new trial, finding that the district court properly weighed the evidence and did not abuse its discretion.
• Stroman v. Colleton Cnty. Sch. Dist.
  981 F.2d 152· 4th Cir.· 1992-12-04 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a teacher's proposal for a "sick-out" during final exams, even if mixed with criticism of budget management, constituted unprotected speech because it urged dishonest conduct and frustrated the state's interest in providing public education.
• Pearlie Mae Turner v. White
  980 F.2d 1180· 8th Cir.· 1992-12-02 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the trial court's erroneous jury instruction on 'deliberate indifference' did not constitute plain error, and the admission of evidence regarding alcohol consumption was not an abuse of discretion.
• Boone v. Dick D. Moore
  980 F.2d 539· 8th Cir.· 1992-12-02
  The court held that the admission of the audiologist's report as substantive evidence was error, but harmless, and that the district court did not abuse its discretion in admitting expert testimony despite late disclosure.
• DeCAMP v. Douglas Cnty. Franklin Grand Jury
  978 F.2d 1047· 8th Cir.· 1992-11-02 ·via 42 U.S.C. § 1983 Liability
  Special prosecutors are absolutely immune from § 1983 liability for assisting a grand jury in drafting an official report permitted by state law, as this function is intimately associated with the judicial phase of the criminal process.
• Bear v. Crispus C. NIX
  977 F.2d 1291· 8th Cir.· 1992-10-23 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that while the prisoner's free exercise claim was not reviewable, the prison's Native American consultant's decision to exclude the prisoner based solely on lack of a BIA enrollment number violated the terms of a prior settlement agreement.
• Schertz v. Crispus NIX
  975 F.2d 1382· 8th Cir.· 1992-09-25
  The court held that the prisoner's claim was barred by collateral estoppel because the issue was actually litigated and decided in state post-conviction proceedings.
• Sisk v. CSO Branch
  974 F.2d 116· 9th Cir.· 1992-09-02
  A prisoner's section 1983 action challenging disciplinary procedures, even if it involves loss of good time credits, does not require exhaustion of state remedies if the effect on the duration of confinement is speculative and incidental.
• Nobby Lobby, Inc. v. City OF Dallas
  970 F.2d 82· 5th Cir.· 1992-09-01 ·via 42 U.S.C. § 1983 Liability
  The court held that the district court did not err in finding that the City acted in bad faith and with intent to harass, thus justifying federal intervention despite pending state proceedings, and that the City could be held liable as its officers acted pursuant to official poli
• Barnes v. Parker
  972 F.2d 978· 8th Cir.· 1992-08-14
  The court held that the district court did not err in denying the motion for a new trial and in permitting a peremptory challenge to strike a juror, affirming the dismissal of the § 1983 action.
• Sanders v. Brewer
  972 F.2d 920· 8th Cir.· 1992-08-13
  The court affirmed the district court's judgment, holding that the magistrate judge did not err in granting summary judgment to supervisors, admitting impeachment testimony, or awarding attorney's fees, and that the nominal damages award was not a plain injustice.
• Goldberg v. Town OF Rocky Hill
  973 F.2d 70· 2d Cir.· 1992-08-10 ·via 42 U.S.C. § 1983 Liability
  A municipality is not entitled to absolute or qualified immunity under 42 U.S.C. § 1983 for actions taken in a legislative capacity.
• Rocky Mountain Materials & Asphalt, Inc. v. The Bd. OF Cnty. Comm'rs OF EL Paso Cnty.
  972 F.2d 309· 10th Cir.· 1992-08-05
  A procedural due process claim is unripe if it is based on the same deprivation as an unripe takings claim.
• Doyle J. Williams v. State OF Mo.
  973 F.2d 599· 8th Cir.· 1992-07-21
  The State of Missouri is entitled to Eleventh Amendment immunity from suit in federal court for a 42 U.S.C. § 1983 action brought by a state inmate.
• Packett v. Stenberg
  969 F.2d 721· 8th Cir.· 1992-07-16
  The court held that Assistant Attorneys General in Nebraska do not possess a property interest in continued employment that would be protected by the Fourteenth Amendment, and that patronage dismissals are permissible for policymaking positions under the First Amendment.
• van Pelt v. ST. Clair
  968 F.2d 763· 8th Cir.· 1992-07-09
  The court held that the district court properly dismissed the claims as frivolous, granted summary judgment, and dismissed the remaining claims without prejudice.
• W. Wash. Cnty. Emergency Med. Servs. v. Wash. Cnty.
  967 F.2d 1252· 8th Cir.· 1992-06-30
  The court held that the appellants failed to establish a constitutionally protected property interest or a violation of equal protection, thus affirming the grant of summary judgment.
• Cecere v. The City OF NEW York
  967 F.2d 826· 2d Cir.· 1992-06-26
  The denial of a motion for summary judgment in a § 1983 action is only appealable on questions of law, and here, it was not objectively reasonable to believe an emergency existed.
• Roman-Nose v. NEW Mexico Dep't OF Human Servs.
  967 F.2d 435· 10th Cir.· 1992-06-19
  The court held that the district court had subject matter jurisdiction under the Indian Child Welfare Act, allowing the plaintiff to potentially amend her complaint.
• Milan Chonich v. Wayne Cnty. Cmty. Coll.
  973 F.2d 1271· 6th Cir.· 1992-06-09 ·via 42 U.S.C. § 1983 Liability
  The court held that it was plain and prejudicial error to require plaintiffs to prove proximate cause for nominal damages in a malicious libel case, and that the prior remand necessitated further consideration of whether a new trial on § 1983 liability was required due to Monell
• Levin v. Harleston
  966 F.2d 85· 2d Cir.· 1992-06-08
  The court held that the creation of 'shadow classes' and the implicit threat of disciplinary action against a professor for his extramural speech violated his First Amendment rights, but that the college's response to student disruptions of his classes did not.
• Aswegan v. Captain Bruhl
  965 F.2d 676· 8th Cir.· 1992-06-04
  The court held that there was sufficient evidence to support the jury's finding of deliberate indifference by the supervisors, and thus denied their motion for judgment notwithstanding the verdict.
• Silver v. Franklin Twp.
  966 F.2d 1031· 6th Cir.· 1992-06-04
  The court held that the takings claim was not ripe for review because state remedies were not exhausted, and the substantive due process and equal protection claims failed for lack of a protected property interest and evidence of disparate treatment, respectively.
• August Smith v. City OF Joliet
  965 F.2d 235· 7th Cir.· 1992-05-28 ·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiff failed to present sufficient evidence of a City policy or custom causing the alleged constitutional violation, thus affirming the grant of summary judgment.
• Fernandez v. Leonard
  963 F.2d 459· 1st Cir.· 1992-04-29 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court did not err in its rulings regarding fraud on the court, autopsy photographs, or the admission of evidence concerning prior convictions and weapons, and that the jury verdict was not against the weight of the evidence.