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

• Cassidy v. State OF Haw.
  915 F.2d 528· 9th Cir.· 1990-10-01 ·via Section 1983
  The court held that a mooring permit holder's unilateral expectation of renewal based on past practice, without express state assurance, does not create a property interest protected by due process when the permit automatically expires due to prolonged absence.
• Howlett v. Rose
  571 So. 2d 29· Fla. 2d DCA· 1990-08-24
  On remand from the U.S. Supreme Court, the Florida District Court of Appeal reversed its prior dismissal of a Section 1983 civil rights action brought by a minor student against a school superintendent and school board. The court held that the trial court improperly dismissed the
• Williams v. Luna
  909 F.2d 121· 5th Cir.· 1990-08-15 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court improperly dismissed the excessive force claim against the guards because the plaintiff adequately alleged a significant injury and the use of excessive force, and improperly made credibility determinations at the Spears hearing.
• Abdul-Hakeem v. Koehler
  910 F.2d 66· 2d Cir.· 1990-08-01 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a prisoner's petition seeking a transfer of custody, even if framed as a challenge to conditions of confinement, must be treated as a petition for a writ of habeas corpus if the requested relief would require prison officials to cede custody.
• Romesburg v. Trickey
  908 F.2d 258· 8th Cir.· 1990-07-03
  A district court has the discretion to dismiss a case with prejudice when a plaintiff intentionally misrepresents their financial status in an affidavit of poverty to proceed in forma pauperis.
• Christian v. Crawford
  907 F.2d 808· 8th Cir.· 1990-07-03
  An attorney appointed under the Criminal Justice Act is not a federal official for purposes of a Bivens action, and a pro se complaint alleging such should be dismissed if it fails to state a claim.
• Vianello v. Pacifico
  905 F.2d 699· 3d Cir.· 1990-06-15 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court erred in concluding that Fed.R.Civ.P. 77(d) barred it from granting an extension of time to file a notice of appeal due to excusable neglect. The court reversed and remanded for further consideration.
• Malady v. Crunk
  902 F.2d 10· 8th Cir.· 1990-04-27 ·via 42 U.S.C. § 1983 Claim For Damages
  A conviction for the offense for which a person was arrested serves as a complete defense to a § 1983 action alleging the arrest was made without probable cause.
• Quinn v. The State OF Mo.
  891 F.2d 190· 8th Cir.· 1990-01-08
• Bell v. City of Miami
  733 F. Supp. 1475· S.D. Fla.· 1990-01-03 ·via 42 U.S.C. § 1983 Liability For Municipalities
  The court denied the City of Miami's motion to dismiss the amended complaint.
• White v. Gerbitz
  892 F.2d 457· 6th Cir.· 1989-12-20 ·via 42 U.S.C. § 1983 Civil Rights Action
  The dissenting judge believes the finding of probable cause to arrest and detain Clyde White as a material witness was problematic and not met.
• Davis v. Bryan
  889 F.2d 445· 2d Cir.· 1989-11-14
  The court held that the plaintiff was properly sentenced under the statute in effect at the time of his crime and was not entitled to sentencing under a later statute, thus affirming the grant of summary judgment.
• Judson Warren White v. C.M. White
  886 F.2d 721· 4th Cir.· 1989-10-03
  The district court did not abuse its discretion in dismissing the pro se complaint as frivolous because it lacked factual allegations to support the claim of denial of meaningful access to the courts.
• Dartland v. Metro. Dade Cnty.
  287 F. App'x 924· S.D. Fla.· 1989-07-31 ·via Section 1983
• Bell v. Cooper
  881 F.2d 257· 6th Cir.· 1989-07-27
  The court held that the Kentucky tolling statute applies to § 1983 actions filed before incarceration, even if filed while in prison.
• Brown v. Byer
  870 F.2d 975· 5th Cir.· 1989-04-24 ·via 42 U.S.C. § 1983 Liability
  The court held that altering arrest warrants to arrest someone not named therein constitutes a Fourth Amendment violation, and that vicarious liability for sheriffs under Texas law requires ratification of deputies' acts, which was not shown. Qualified immunity does not protect o
• Laurel Thomas v. Shipka
  872 F.2d 772· 6th Cir.· 1989-04-19
  The court vacated its prior decision and remanded, recognizing that the applicable statute of limitations for § 1983 actions in Ohio should have been the two-year general personal injury statute, not the one-year statute previously applied.
• Rev. Lawrence Anderson v. Schultz
  871 F.2d 762· 8th Cir.· 1989-04-04
  The court held that the district court should have abstained from deciding the case under the Younger doctrine because a state criminal proceeding was pending against the appellants when the federal action was considered.
• Stringfellow v. Major Robert Perry
  869 F.2d 1140· 8th Cir.· 1989-03-15
  The court held that the inmate's due process rights were not violated by his placement on investigative status, as prison policy was substantially followed and conditions did not rise to an Eighth Amendment violation.
• Hinojosa v. The City OF Terrell
  864 F.2d 401· 5th Cir.· 1989-02-02 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the prior panel's decision established the law of the case, and the defendant met their summary judgment burden by showing an absence of evidence to support the plaintiff's claims.
• Mandrell v. Baer
  863 F.2d 27· 8th Cir.· 1988-12-14
  The court held that the Missouri statute does not violate equal protection because it is interpreted to suspend police officers charged with any felony, regardless of whether the charge is by indictment or information.
• Gladson v. Rice
  862 F.2d 711· 8th Cir.· 1988-12-12
  The court held that the plaintiff's temporary confinement apart from the general jail population did not violate due process or the Eighth Amendment, as the conditions were substantially equivalent to his prior confinement and not punitive.
• Coleen R. Roberts v. Coll. OF THE Desert
  861 F.2d 1163· 9th Cir.· 1988-11-22 ·via Section 1983
  The court held that Title VII does not preempt § 1983 claims for constitutional violations and that a protected property interest can arise from mutual understandings. The court also found the district court erred in reinstating the full damages award after a remittitur.
• Crooks v. Honorable John H. Maynard
  851 F.2d 1562· 9th Cir.· 1988-07-26
  The court held that the case must be remanded to the district court for further factual development regarding the judge's actions and jurisdiction before determining immunity.
• Shelly v. Johnson
  849 F.2d 228· 6th Cir.· 1988-06-14
  The court held that Michigan prison hearing officers are entitled to absolute judicial immunity for their official acts, affirming the grant of summary judgment.
• Hudson v. Lt. Harlan Edmonson
  848 F.2d 682· 6th Cir.· 1988-05-24 ·via 42 U.S.C. § 1983 Civil Rights Action
  The dissenting judge would hold that a responsible official should have known the incident report provided to Hudson violated his due process rights, thus denying qualified immunity.
• Mann v. Adams
  846 F.2d 589· 9th Cir.· 1988-05-18
  The court held that a state's failure to certify grievance procedures does not create a cause of action, and prison officials may open incoming mail in the inmate's presence for security reasons.
• Zenco Dev. Corp. v. City OF Overland
  843 F.2d 1117· 8th Cir.· 1988-04-05
  The court held that Zenco did not possess a protectable property interest in the renewal of its municipal liquor license under Missouri law.
• Witherspoon v. United States
  838 F.2d 803· 5th Cir.· 1988-03-04 ·via § 1983
  The court held that the plaintiffs were barred by collateral estoppel from relitigating issues already decided in a prior action against law enforcement officers, and that the temporary protective detention of minor children was a constitutional consequence of their mother's lawf
• City OF Riviera Beach v. Langevin
  522 So. 2d 857· Fla. 4th DCA· 1987-12-23
  A white police officer sued the City of Riviera Beach and its officials under 42 U.S.C. § 1983 after being terminated allegedly due to reverse racial discrimination. A jury awarded $500,000 in compensatory damages and $40,000 in punitive damages. The court affirmed, holding that
• Johnson v. Smith Cnty.
  834 F.2d 479· 5th Cir.· 1987-12-21
  The court held that the district court's finding of effective consent to search was not clearly erroneous, and that the plaintiffs failed to prove a county policy of warrantless searches.
• Damyn v. Brierton
  833 F.2d 1454· 11th Cir.· 1987-12-14
  The court affirmed the jury verdict, finding the case was fairly tried and the evidence did not mandate a judgment for the plaintiff.
• Angell v. Leslie
  832 F.2d 817· 4th Cir.· 1987-10-27
  The court held that the district court erred in finding a First Amendment violation and awarding damages, as the plaintiff's suspension was not based on symbolic speech related to pre-signed warrants, and punitive damages are not recoverable against a municipality.
• Holt v. Ford
  828 F.2d 1523· 11th Cir.· 1987-10-05 ·via 42 U.S.C. § 1983 Civil Rights Action
  The denial of appointment of counsel to an in forma pauperis section 1983 plaintiff is not immediately appealable under the collateral order doctrine.
• Colyer v. Ryles
  827 F.2d 315· 8th Cir.· 1987-08-24 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court properly dismissed the claims as frivolous because the alleged injuries could not have resulted from the transcript omissions, as the transcript did not exist at the time of the adverse decisions.
• Coleman v. Turpen
  827 F.2d 667· 10th Cir.· 1987-08-24 ·via 42 U.S.C. § 1983 Civil Rights Action
  The appellate court vacated its prior judgment and mandate, recalling the case for further proceedings because the property at issue no longer existed, frustrating the prior judgment's intent and potentially involving misleading information.
• Quam v. Minnehaha Cnty. Jail
  821 F.2d 522· 8th Cir.· 1987-06-30
  The court held that a prisoner's pro se status does not exempt them from summary judgment rules, and the denial of jail privileges did not violate due process without a state-created liberty interest.
• Crooks v. Honorable John H. Maynard
  820 F.2d 329· 9th Cir.· 1987-06-24
  A judge is absolutely immune from liability for issuing a contempt order to enforce an administrative order concerning court personnel, as this is a judicial act not performed in the clear absence of jurisdiction.
• Lendo v. Garrett Cnty. Bd. OF Educ. & Jerome J. Ryscavage & Luther D. Parrack, Jr.
  820 F.2d 1365· 4th Cir.· 1987-06-19
  The court held that while the claim based on the January 1981 evaluations is time-barred, the claim based on the April 1981 denial of tenure is not, as it constitutes a separate retaliatory act.
• LEE v. Town OF Estes Park
  820 F.2d 1112· 10th Cir.· 1987-06-05 ·via 42 U.S.C. § 1983 Liability
  The court held that a private individual reporting suspected criminal activity to police, who then exercise their own judgment, does not constitute acting under color of state law for § 1983 liability. The court also affirmed summary judgment for other defendants based on lack of
• Pocker v. Brown
  819 F.2d 148· 6th Cir.· 1987-05-26 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that Ohio's practice of appointing retired judges to hear cases does not violate the Fourteenth Amendment, as there is no federal requirement for state judges to be elected.
• Miller v. R.D. Simmons
  814 F.2d 962· 4th Cir.· 1987-03-26 ·via 42 U.S.C. § 1983 Civil Rights Action
  An order denying a motion for appointment of counsel under 28 U.S.C. § 1915(d) is not immediately appealable as a final decision under 28 U.S.C. § 1291, nor does it fall within the collateral order exception.
• Paoli v. Lally
  812 F.2d 1489· 4th Cir.· 1987-03-09
  The court held that a prisoner's transfer between facilities does not implicate a liberty interest protected by the Due Process Clause absent a state statute or regulation creating such an interest, and that the plaintiff's unique circumstances justified disparate treatment under
• Country v. Bartee
  808 F.2d 686· 8th Cir.· 1987-01-08 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a parolee denied the right to cross-examine an adverse witness must demonstrate prejudice to warrant relief beyond expenses and attorney's fees.
• Balli v. Haynes
  804 F.2d 306· 5th Cir.· 1986-11-14 ·via 42 U.S.C. § 1983 Liability
  The court held that the Texas Commission on Jail Standards or its director cannot be held liable in damages for alleged constitutional violations based solely on their failure to fulfill duties imposed by state law.
• Aracelis Crisoptimo v. Nettleship
  800 F.2d 11· 1st Cir.· 1986-09-09 ·via 42 U.S.C. § 1983 Liability
  The court held that summary judgment for the defendants was premature because genuine issues of material fact existed regarding their responsibility for and control over the prison conditions that led to the decedent's death.
• COX v. Norton
  797 F.2d 329· 6th Cir.· 1986-07-31
  The court held that the plaintiff's claim was barred by res judicata because the issue of due process regarding the special assessment had been fully litigated in prior state and federal court actions.
• Wright v. Holbrook
  794 F.2d 1148· 6th Cir.· 1986-07-11 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiff waived the right to appeal issues not raised in his objections to the magistrate's report and that new theories of recovery cannot be raised for the first time on appeal.
• Dunster v. Metro. Dade Cnty.
  791 F.2d 1516· 11th Cir.· 1986-06-24
  A jury verdict based on a negligence theory cannot sustain a Fourteenth Amendment due process claim, and Fourth Amendment claims were abandoned.
• Justice v. Dennis
  793 F.2d 571· 4th Cir.· 1986-06-16 ·via 42 U.S.C. § 1983 (Excessive Force)
  The dissenting judge believes the majority erred by finding reversible error in a jury instruction that faithfully followed binding circuit precedent.