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

• Fleming v. Moore
  780 F.2d 438· 4th Cir.· 1985-12-26
  A federal court cannot relitigate libel issues already decided by state courts, and a Section 1983 action is not a proper avenue to challenge state court judgments when the proper remedy is appeal to the U.S. Supreme Court.
• City OF Edgewater v. Montesano
  477 So. 2d 54· Fla. 5th DCA· 1985-10-24 ·via 42 U.S.C. § 1983 Liability
  Property owners sued the City of Edgewater and its police chief for negligence and constitutional violations under 42 U.S.C. § 1983 after allegedly wrongful police and building inspector conduct. The trial court's jury instructions improperly allowed liability against the city ba
• Clayton v. Thurman
  775 F.2d 1096· 10th Cir.· 1985-09-30
  The court affirmed the award of attorneys' fees and costs to the prevailing plaintiffs in a § 1983 action, finding no abuse of discretion in the trial court's determination of prevailing party status, reasonable hours, rates, and enhancement for exceptional success. The court dis
• Tierney v. Black
  774 F.2d 863· 8th Cir.· 1985-09-27
  The court held that the district court erred in granting summary judgment on the appellant's due process claim regarding the discontinuation of a commutation program, as the due process aspect was not fully developed.
• Berniece A. Shank v. Al Naes
  773 F.2d 1121· 10th Cir.· 1985-09-20
  The court held that the trial court did not err in submitting the issue of liability and qualified immunity to the jury, nor in denying motions for a new trial based on alleged judicial and counsel misconduct.
• CHU v. Griffith
  771 F.2d 79· 4th Cir.· 1985-08-30 ·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the imposition of a $1,000 attorney sanction was warranted and affirmed the district court's decision, while also awarding costs and attorney's fees for the appeal.
• Nakao v. Rushen
  766 F.2d 410· 9th Cir.· 1985-07-18
  The court held that a prisoner has no reasonable expectation of privacy in his cell, thus the Fourth Amendment does not apply to cell searches.
• Pietroniro v. Borough OF Oceanport
  764 F.2d 976· 3d Cir.· 1985-06-18
  The court held that the evidence was insufficient as a matter of law to support the jury's verdict that the plaintiff was denied relocation assistance as required by federal law.
• Cole v. Benson
  760 F.2d 226· 8th Cir.· 1985-04-26 ·via 42 U.S.C. § 1983 Claim For Damages
  The court affirmed the denial of temporary and preliminary injunctive relief, finding no abuse of discretion by the district court in deferring to prison officials' decisions on inmate placement.
• Garcia v. The Colo. State Bd. OF LAW Exam'rs
  760 F.2d 239· 10th Cir.· 1985-04-25 ·via Section 1983
  The court affirmed the trial court's summary judgment, finding no error in the application of immunity or in the dismissal of antitrust and discrimination claims.
• Mercurio v. The City OF NEW York
  758 F.2d 862· 2d Cir.· 1985-03-29 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that New York General Municipal Law § 50-k does not authorize reimbursement for private attorneys' fees when a conflict of interest exists between the city and its employees, and common-law rights to reimbursement are limited.
• Hurd v. Officer Romeo. Appeal of Charles David Hurd
  752 F.2d 68· 3d Cir.· 1985-01-07 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that a pro se prisoner's complaint alleging excessive force and improper lockdown by a guard, even if poorly drafted, should not be dismissed at the pleading stage if it suggests a violation of federally protected rights.
• Haley v. Walker
  751 F.2d 284· 8th Cir.· 1984-12-28
  The court held that an attorney appointed by a federal court cannot be sued under 42 U.S.C. § 1983 because such action is not taken under color of state law. The court also denied a petition for writ of prohibition and a request for interlocutory appeal.
• J.C. Sims v. Wyrick
  743 F.2d 607· 8th Cir.· 1984-09-10 ·via 42 U.S.C. § 1983 Claim For Damages
  The court held that even if a prison policy banning Black Panther literature was unconstitutional, the inmate could not recover damages because the loss of his transcript was not proximately caused by that policy, but by inadvertence or theft.
• Lucero v. Russell
  741 F.2d 1129· 9th Cir.· 1984-08-28
  The court held that an inmate's administrative transfer to maximum security without a hearing does not violate the Due Process Clause.
• Francis v. Marquez
  741 F.2d 1127· 9th Cir.· 1984-08-28
  The court held that the district court erred by dismissing the section 1983 action outright instead of continuing the case to allow the inmate to exhaust administrative remedies as required by 42 U.S.C. § 1997e(a)(1).
• Rynecki v. State OF Conn. Dep't OF Soc. Servs.
  742 F.2d 65· 2d Cir.· 1984-08-14
  The court held that collateral estoppel bars relitigation of claims already decided by state courts, and the state's interest in paternity suits does not violate constitutional rights.
• Bumgarner v. Bloodworth
  738 F.2d 966· 8th Cir.· 1984-07-17 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the state claims commission does not provide an adequate remedy for intentional property deprivation, reversing the dismissal of those claims.
• Landi v. Phelps
  740 F.2d 710· 9th Cir.· 1984-07-03 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that federal courts cannot enjoin state court proceedings merely because they interfere with a protected federal right or invade an area preempted by federal law, and that federal courts do not have exclusive jurisdiction over litigation involving property rights d
• Sowers v. City OF Fort Wayne
  737 F.2d 622· 7th Cir.· 1984-06-14
  Firefighters demoted without notice or hearing had a property interest in their ranks protected by due process, and their promotions were not invalidated by a prior court ruling concerning other demotions.
• Cain v. The State OF Ark. & Ark. State Podiatry Bd.
  734 F.2d 377· 8th Cir.· 1984-05-15
  The court held that the Eighth Amendment does not apply to civil license revocation proceedings and that claims were barred by res judicata and the Eleventh Amendment.
• Celeste Colon v. Jenaro Collazo Collazo
  729 F.2d 32· 1st Cir.· 1984-03-08 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the commitment of non-delinquent juveniles to institutions with parental consent, following a departmental social study, does not violate due process or Puerto Rico law, as the social workers act as neutral factfinders and the relevant statute does not apply.
• Marrero v. City of Hialeah
  334 F.2d 506· S.D. Fla.· 1984-03-08 ·via 42 U.S.C. § 1983 Liability
  The court held that the City was not liable under § 1983 because the plaintiffs failed to prove a custom or policy, and that the prosecutor was entitled to qualified immunity as his actions did not violate clearly established constitutional rights.
• West v. Vill. OF Morrisville & Robert Bourne
  728 F.2d 130· 2d Cir.· 1984-02-14 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that federal courts should abstain from deciding constitutional questions when complex state law issues that could moot the federal questions remain unresolved.
• Archer v. Individually
  723 F.2d 639· 8th Cir.· 1983-12-29
  The court held that a guardian for minor children lacked standing to bring a Section 1983 action based on the deceased father's alleged constitutional rights violations.
• Jacinto Vasquez v. van Lindt
  724 F.2d 321· 2d Cir.· 1983-12-20
  The court held that Vasquez's claims were barred by res judicata because they were actually litigated and determined in the state court Article 78 proceeding, precluding relitigation in federal court under § 1983.
• Leza Price, Jr. v. Harris
  722 F.2d 427· 8th Cir.· 1983-12-14 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court did not err in dismissing the pro se complaint without granting leave to amend, as it failed to state a valid Fourth Amendment claim.
• Buie v. Jones
  717 F.2d 925· 4th Cir.· 1983-09-15 ·via 42 U.S.C. § 1983 Civil Rights Action
• Allen v. Greenville Cnty.
  712 F.2d 934· 4th Cir.· 1983-07-26
  The court held that the doctrine of res judicata barred the plaintiff's civil rights claim because it could have been raised in the prior state court action.
• Monrad Vikse v. Basin Elec. Power Coop.
  712 F.2d 374· 8th Cir.· 1983-07-25
  The court held that the landowners were not denied equal protection because the utility had a rational basis for treating North Dakota landowners differently due to their organized opposition and subsequent group settlement.
• Rubino v. The City OF Mount Vernon
  707 F.2d 53· 2d Cir.· 1983-05-06
  The court held that the district court abused its discretion in granting a preliminary injunction because the appellee failed to demonstrate irreparable injury or a likelihood of success on the merits.
• Hawaiian Tel. Co. v. State of Haw. Dep't OF Labor & Indus. Relations
  691 F.2d 905· 9th Cir.· 1982-11-04
  The court held that the State Tax Injunction Act bars federal court challenges to state tax schemes, even those with federal components, and that Hawaii provides a plain, speedy, and efficient remedy for such challenges.
• Pellowski v. Burke
  686 F.2d 631· 8th Cir.· 1982-08-18
  The court held that evidence of malice was insufficient to support punitive damages against defendants Smith and Burke, but sufficient against defendant Garvey.
• Prince v. Town OF Grubbs
  682 F.2d 184· 8th Cir.· 1982-07-01
  The court held that the district court's findings of legitimate reasons for the plaintiff's dismissal were not clearly erroneous.
• Northwood Apts. v. LaVALLEY
  673 F.2d 159· 6th Cir.· 1982-03-16 ·via 42 U.S.C. § 1983 Claim For Damages
  The court held that principles of comity require abstention in a damages action brought under 42 U.S.C. § 1983 to redress the allegedly unconstitutional administration of a state tax system.
• Local 391 v. City OF Rocky Mount
  672 F.2d 376· 4th Cir.· 1982-02-24
  The court held that the ordinance's permit requirement was an unconstitutional prior restraint on First Amendment rights, as it was not narrowly tailored and was more restrictive than necessary.
• Henderson v. State OF Mo.
  661 F.2d 107· 8th Cir.· 1981-10-19
  The court held that the petitioner's habeas corpus filing was premature because it had not first been made to the appropriate federal district court.
• Eldred S. Wallace v. King
  650 F.2d 529· 4th Cir.· 1981-06-05 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that plaintiffs were prevailing parties entitled to attorneys' fees and costs, and that the district court erred in limiting the scope of injunctive relief.
• Cunningham v. Governor Robert D. RAY
  648 F.2d 1185· 8th Cir.· 1981-05-18 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the inmate plaintiff lacked individual standing to sue for his deceased brother's civil rights claim and that the remaining claim for cruel and unusual punishment failed to state a claim upon which relief could be granted.
• Almond v. Davis
  639 F.2d 1086· 4th Cir.· 1981-02-05 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the statutory program providing attorney assistance to inmates can serve as an adequate substitute for a law library, provided the assistance is meaningful and accessible.
• Vazquez v. Borrero
  636 F.2d 4· 1st Cir.· 1980-12-03 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that neither party was solely at fault for the missing transcript and ordered a final attempt to obtain it.
• Jordan v. Jones
  625 F.2d 750· 6th Cir.· 1980-07-17 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the prisoner's claims regarding due process in the disciplinary hearing and the three-day isolation did not present a federal constitutional issue.
• Owen v. The City OF Independence
  623 F.2d 550· 8th Cir.· 1980-07-01 ·via 42 U.S.C. § 1983 Liability
  Municipalities do not enjoy qualified immunity from liability under 42 U.S.C. § 1983.
• Brown v. Schiff
  614 F.2d 237· 10th Cir.· 1980-01-14 ·via 42 U.S.C. § 1983 Civil Rights Action
  Claims of legal malpractice against court-appointed counsel, brought under 42 U.S.C. § 1983, do not rise to the level of constitutional violations and are more properly addressed in state court.
• Local Union NO. 370 v. Arth E. Detrick
  592 F.2d 1045· 9th Cir.· 1979-02-08 ·via 42 U.S.C. § 1983 Civil Rights Action
  A county government's refusal to bargain collectively does not violate federal civil rights statutes when the county is not compelled to bargain by state law.
• Gibson v. Dixon
  579 F.2d 1071· 7th Cir.· 1978-07-25 ·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the bank's actions in repossessing and selling the plaintiff's automobile, even when utilizing state statutory procedures, did not constitute state action under 42 U.S.C. § 1983.
• Selman Cooke v. NEW Mexico Junior Coll. Bd.
  579 F.2d 568· 10th Cir.· 1978-07-10 ·via 42 U.S.C. § 1983 Civil Rights Action
  The trial court erred in dismissing the plaintiff's action for failure to produce his personal diary, as the plaintiff's offer to provide relevant entries and allow court inspection was sufficient.
• Rhodes v. Schoen
  574 F.2d 968· 8th Cir.· 1978-04-27 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a delay in forwarding a prisoner's detainer request, even if not prompt, does not violate constitutional rights under 42 U.S.C. § 1983 if the prisoner ultimately receives a speedy trial and prompt disposition of the detainer.
• McCRAY v. Sullivan
  559 F.2d 292· 5th Cir.· 1977-09-16
• Buck v. Ohio Court OF Appeals
  554 F.2d 766· 6th Cir.· 1977-04-29
  The court affirmed the dismissal of the federal action, finding no due process violation and that federal courts cannot exercise appellate jurisdiction over state court judgments.