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

• Blair-Bey v. Crispus NIX
  963 F.2d 162· 8th Cir.· 1992-04-27
  The court held that a penitentiary's policy of providing a single Islamic religious advisor does not violate inmates' First Amendment rights, even if they belong to a specific sect, as long as they are given a reasonable opportunity to exercise their religious freedom.
• Gomez v. The United States Dist. Court FOR the N. Dist. OF Cal.
  966 F.2d 460· 9th Cir.· 1992-04-20
• Addison v. Ronda Pash
  961 F.2d 731· 8th Cir.· 1992-04-08
  The court held that the dismissal of claims against certain defendants was proper, but the dismissal of claims against other defendants prior to service was erroneous because the claims were not frivolous.
• Myers v. Judge Vogal
  960 F.2d 750· 8th Cir.· 1992-04-03
  The court held that the district court properly dismissed the inmate's complaint as frivolous, either due to lack of an arguable basis in law or fact, or because the statute of limitations had run.
• Ellis v. Evans
  960 F.2d 741· 8th Cir.· 1992-04-02
  The court held that summary judgment was properly granted for the prison officials because the inmate failed to present a genuine issue of material fact and the defendants adequately supported their motions.
• Prince v. Warden Sargent
  960 F.2d 720· 8th Cir.· 1992-03-30
  The court held that the district court's findings of fact were not clearly erroneous and affirmed the dismissal of the inmate's § 1983 action.
• Ramos-Melendez v. Valdejully
  960 F.2d 4· 1st Cir.· 1992-03-24 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the judgment, finding no clear error in the magistrate's factual determination that the plaintiff's demotion was not substantially motivated by political affiliation.
• Harlan Richards v. Sergeant J.D. White
  957 F.2d 471· 7th Cir.· 1992-03-11
  The court held that a prisoner's First Amendment right to free exercise of religion must yield to legitimate penological objectives and reasonable prison management, and that the prison's denial of the inmate's specific request for a single cell or daily private meditation time w
• Butcher v. City OF McALESTER
  956 F.2d 973· 10th Cir.· 1992-02-12 ·via 42 U.S.C. § 1983 Liability For Municipalities
  The court held that there was sufficient evidence for the jury to find the City liable under 42 U.S.C. § 1983 for violating plaintiffs' First Amendment rights, but reversed awards for humiliation due to insufficient evidence.
• Caballero v. City OF Concord
  956 F.2d 204· 9th Cir.· 1992-02-05 ·via 42 U.S.C. § 1983 Liability
  The court held that a jury instruction requiring proof of specific intent to violate constitutional rights for a false arrest claim under 42 U.S.C. § 1983 was erroneous.
• Yost v. Solano
  955 F.2d 541· 8th Cir.· 1992-01-28 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that parole officers Hohnstein and McKenzie were entitled to qualified immunity for their actions in conducting Yost's preliminary parole revocation hearing, and that Yost failed to preserve issues regarding the sufficiency of the evidence for jury verdicts.
• Cabinet FOR Human Resources v. N. Ky. Welf. Rights Ass'n
  954 F.2d 1179· 6th Cir.· 1992-01-24
  The court held that the Low Income Home Energy Assistance Act of 1981 implies no private right of action prior to exhausting state administrative remedies and creates no substantive rights enforceable under 42 U.S.C. § 1983.
• Johnson v. Dick Busby
  953 F.2d 349· 8th Cir.· 1991-12-24
  The court held that the trial court did not abuse its discretion in excluding certain evidence, denying a request to reopen the case, and in its jury instructions regarding serious medical needs.
• McKINNEY v. Maynard
  952 F.2d 350· 10th Cir.· 1991-12-23 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the dismissal of the inmate's pro se complaint as frivolous under 28 U.S.C. § 1915(d) was improper because the complaint stated an arguable basis in law or fact for his First Amendment religious practice claims.
• Harris v. Bolin
  950 F.2d 547· 8th Cir.· 1991-12-02 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the detention center's policy of opening, inspecting, and retaining non-privileged mail deemed obscene, and the failure to forward or deliver such mail to an inmate, did not violate the inmate's constitutional rights or constitute a denial of procedural due pr
• Shakur Abdullah v. Gunter
  949 F.2d 1032· 8th Cir.· 1991-11-26 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court abused its discretion by denying appointed counsel for the plaintiff's First Amendment claim, but affirmed summary judgment on the due process and equal protection claims.
• Skelton v. Pri-Cor, Inc.
  963 F.2d 100· 6th Cir.· 1991-11-21
  A private corporation operating a detention facility under contract with a county acts under color of state law for § 1983 purposes, but denying an inmate a hardcover Bible is permissible if a softcover version is allowed and the restriction is reasonably related to legitimate pe
• Ward v. City OF SAN Jose
  967 F.2d 280· 9th Cir.· 1991-11-04 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that excessive force claims must be analyzed under the Fourth Amendment's reasonableness standard, not substantive due process, and that the district court erred by instructing the jury on the latter. The court also affirmed the dismissal of the siblings' claims an
• Rountree Riley Goodmon v. Rockefeller
  947 F.2d 1186· 4th Cir.· 1991-10-29 ·via 42 U.S.C. § 1983 Liability
  The court held that state officials sued in their individual capacities are persons under § 1983 and can be sued for damages, unlike when sued in their official capacities.
• Payne v. Monroe Cnty.
  779 F. Supp. 1330· S.D. Fla.· 1991-10-21 ·via 42 U.S.C. § 1983 Liability
  The court affirmed the magistrate judge's report and recommendation, granting the defendants' motions to dismiss.
• Jackson v. Rapps
  947 F.2d 332· 8th Cir.· 1991-10-17
  The court held that Missouri's policy of seeking reimbursement for the full amount of AFDC benefits paid, in the absence of a court-ordered support obligation, violates federal regulations and is preempted by the Supremacy Clause. The court also held that the directors were not e
• Griffin v. Lombardi
  946 F.2d 604· 8th Cir.· 1991-10-15
  The court held that conflicting affidavits created a genuine issue of material fact regarding whether prison officials could have reasonably believed their conduct did not violate the inmate's constitutional rights, thus denying summary judgment on qualified immunity grounds.
• Luciano v. Galindo
  944 F.2d 261· 5th Cir.· 1991-10-15 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the magistrate judge erred in dismissing the prisoner's excessive force claim as frivolous solely on the basis that his injuries were not constitutionally significant.
• Robbins v. Clarke
  946 F.2d 1331· 8th Cir.· 1991-10-08
  The court held that a prisoner's claims regarding exposure to infectious diseases were barred by collateral estoppel and res judicata due to prior litigation on identical issues. The conspiracy claim was dismissed as lacking an arguable legal basis.
• Mayfield v. Klevenhagen
  941 F.2d 346· 5th Cir.· 1991-09-12
  The court held that the dismissal of Mayfield's actions and the imposition of sanctions were proper because he attempted to circumvent prior court orders by filing frivolous suits in an improper venue.
• Burton Handelsman v. Town OF Palm Beach
  585 So. 2d 1047· Fla. 4th DCA· 1991-09-04
  Handelsman, a property owner on Worth Avenue in Palm Beach, challenged the town's denial of a special exception to lease his building to a large apparel store that would exceed the zoning district's 2,000 square foot limitation. The Florida appellate court affirmed the trial cour
• Ramonita Santiago de Castro v. Medina
  943 F.2d 129· 1st Cir.· 1991-08-29 ·via 42 U.S.C. § 1983 Civil Rights Action
  A tenured teacher's claim of emotional distress from supervisor's harassment, even if causing illness, does not state a claim under 42 U.S.C. § 1983 for violation of substantive due process.
• Darin Gray Arnold v. Maynard
  942 F.2d 761· 10th Cir.· 1991-08-19
  Venue for a 42 U.S.C. § 1983 action is proper in any district where the claim arose or where any defendant resides, even if defendants reside in different districts within the same state, under 28 U.S.C. § 1392(a).
• Rayburn Burris v. City OF Little Rock
  941 F.2d 717· 8th Cir.· 1991-08-15
  The Tax Injunction Act bars federal jurisdiction over this case because Arkansas law provides a plain, speedy, and efficient remedy for challenging the sewer assessments in state court.
• Johnson v. A.L. Lockhart and Willis Sargent
  941 F.2d 705· 8th Cir.· 1991-08-12 ·via 42 U.S.C. § 1983 Liability
  The court held that a prison official can be held directly liable under § 1983 for deliberate indifference to an inmate's serious medical needs, even if respondeat superior does not apply.
• Lopez v. Dept. OF Health Servs.
  939 F.2d 881· 9th Cir.· 1991-07-30
  A sua sponte dismissal of an in forma pauperis complaint before service of process is construed as a dismissal for frivolity, and if the complaint alleges facts sufficient to support a claim under 42 U.S.C. § 1983, it should not be dismissed.
• Cutting v. Town OF Allenstown
  936 F.2d 18· 1st Cir.· 1991-06-18
  The court held that the district court did not abuse its discretion in refusing to set aside a default judgment, considering the defendants' significant negligence, the publicity of the case, and the prejudice to the plaintiffs' estate due to the plaintiff's death.
• Offet v. Solem
  936 F.2d 363· 8th Cir.· 1991-06-12
  The court held that prison officials are entitled to qualified immunity because the unlawfulness of applying the 1981 South Dakota law to prisoners sentenced before its enactment was not apparent at the time they acted, given the differing interpretations of relevant precedent.
• Rhodes v. McDANNEL
  945 F.2d 117· 6th Cir.· 1991-06-10
  The court affirmed the grant of summary judgment, holding that the deputies' use of deadly force was objectively reasonable and that the plaintiff's discovery requests were insufficient.
• Zamsky v. Stafford Hansell
  933 F.2d 677· 9th Cir.· 1991-05-17
  State officials acting in a legislative capacity, such as reviewing and approving or denying land use plans for compliance with statewide goals, are absolutely immune from damages liability.
• Jeffers v. Heavrin
  932 F.2d 1160· 6th Cir.· 1991-05-13
  The court held that the warrantless search of a patron's allergy pill bottle at the Kentucky Derby was illegal because it exceeded the scope of the search policy and was not justified by implied consent.
• Genusa v. D.J. Mumphrey, Jr.
  931 F.2d 11· 5th Cir.· 1991-05-13 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that there is no constitutional right requiring a government employer to pay wages for days an employee misses work to respond to a federal court subpoena, and thus no basis for a § 1983 claim or § 1988 attorney fees.
• Christy v. Randlett
  932 F.2d 502· 6th Cir.· 1991-05-03
  The court held that the denial of a building permit was based on the enforcement of a constitutionally valid zoning ordinance, not a violation of the plaintiff's First Amendment rights.
• Hopkins v. City OF Sierra Vista
  931 F.2d 524· 9th Cir.· 1991-05-02 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that summary judgment was inappropriate because there was a genuine dispute of material fact regarding probable cause for the warrantless entry. The award of attorneys' fees was reversed as there was no prevailing party.
• Arnold v. Lantz McCLAIN
  926 F.2d 963· 10th Cir.· 1991-02-21 ·via 42 U.S.C. § 1983 Liability
  A district attorney is entitled to absolute prosecutorial immunity for actions taken to secure a resignation in exchange for dropping criminal charges, and a plaintiff cannot establish a liberty interest claim based on stigmatizing statements if the information was already public
• Laurence K. Burgin v. Iowa Dep't OF Corr.
  923 F.2d 637· 8th Cir.· 1991-01-22 ·via 42 U.S.C. § 1983 Civil Rights Action
  The appellate court affirmed the district court's finding that correctional officers used excessive force violating the Eighth Amendment and rejected the defendants' claims of qualified immunity.
• Gonzalez v. Martinez
  756 F. Supp. 1533· S.D. Fla.· 1991-01-18
  The court held that while the Protection and Advocacy Act requires exhaustion of administrative remedies where appropriate, the specific remedies cited by the defendants were inadequate, and the plaintiff's failure to exhaust did not warrant summary judgment at this stage.
• Dobson v. Magnusson
  923 F.2d 229· 1st Cir.· 1991-01-17
  The court held that the plaintiff failed to show deliberate indifference by the prison officers, thus affirming the grant of summary judgment.
• Leopold Lee Pedraza v. Dalton G. Meyer
  919 F.2d 317· 5th Cir.· 1990-12-17 ·via § 1983 Suit
  The court affirmed dismissal of most claims but vacated and remanded the Eighth Amendment inadequate medical attention claim for a hearing and trial.
• Fallon v. A.L. Lockhart
  919 F.2d 1304· 8th Cir.· 1990-11-26
• Florentino Leal v. J.A. Szoeke
  917 F.2d 206· 5th Cir.· 1990-11-19
  A claimant must exhaust administrative remedies with the Railroad Retirement Board before appealing an adverse determination of benefits, and such appeals must be filed in the court of appeals, not the district court.
• Kasib Tauheed Bilal v. Davis
  918 F.2d 723· 8th Cir.· 1990-11-02
• Davis v. City OF Charleston
  917 F.2d 1502· 8th Cir.· 1990-11-02 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the trial court erred in awarding attorney's fees to the defendant police officers because the plaintiff's civil rights claims were not shown to be frivolous, unfounded, or vexatiously brought.
• Fraternal Order OF Police v. Mayor & City Council OF Ocean City
  916 F.2d 919· 4th Cir.· 1990-10-15
  A city charter provision prohibiting officials from recognizing collective bargaining organizations does not violate the First or Fourteenth Amendments, either facially or as applied, because the First Amendment does not guarantee a right to collective bargaining or compel govern
• Currier v. Sergeant Charles J. Baldridge
  914 F.2d 993· 7th Cir.· 1990-10-01
  The court held that the plaintiffs failed to demonstrate a violation of their First or Fourth Amendment rights, as the arrests were supported by probable cause and did not impermissibly burden any protected right.