42 U.S.C. § 1983 Civil Rights Action

943 Florida cases classified under this topic, plus 1,362 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Tennant v. Florida
  111 F. Supp. 2d 1326· S.D. Fla.· 2000-01-13 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court granted summary judgment for defendants on the federal civil rights claim, finding the state immune and the city not liable for failure to train. The state law claims were remanded.
• Harris v. Dist. BD. Trs. of Polk Cmty. Coll.
  9 F. Supp. 2d 1319· M.D. Fla.· 1998-06-18 ·cited 6×
  The court held that the plaintiffs sufficiently alleged a First Amendment retaliation claim against President Peck and that the statute of limitations for their Whistle-blower Act claims had not yet expired, as it accrues upon discovery of the wrongful act.
• In re The Est. OF Helen Smith v. City OF Hollywood
  644 So. 2d 158· Fla. 4th DCA· 1994-10-26 ·cited 6×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  A prevailing defendant in a section 1983 civil rights action is entitled to attorney's fees only when the plaintiff's claim is frivolous, unreasonable, or groundless, and a claim alleging police negligence in a high-speed chase resulting in death was not frivolous despite being d
• Durmer v. Dr. J. O'Carroll, M.D.
  991 F.2d 64· 3d Cir.· 1993-03-30 ·cited 6×
  The dissenting judge would affirm the district court's judgment, finding no evidence of deliberate indifference to a serious medical need by Dr. O'Carroll.
• Lambrix v. Dugger
  610 So. 2d 1366· Fla. 1st DCA· 1992-12-30 ·cited 6×
  An inmate, Michael Lambrix, challenged the prison's confiscation of sexually explicit photographs he ordered, claiming violation of his First and Fourteenth Amendment rights. The trial court granted summary judgment for the prison officials, and the appellate court affirmed, hold
• Knight v. Harris D. Caldwell
  970 F.2d 1430· 5th Cir.· 1992-09-03 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the trial court's jury charge, which asked about injury before damages and did not require proof of 'significant injury,' was not plain error and was consistent with Supreme Court precedent.
• Niehus v. Vince Liberio and Frank Vittorio
  973 F.2d 526· 7th Cir.· 1992-08-20 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury's award for excessive force was supported by evidence, and that a loss of consortium claim cannot be brought under the Fourteenth Amendment's due process clause.
• Cooper v. Lane
  969 F.2d 368· 7th Cir.· 1992-07-22 ·cited 6×
  The court held that a party waives arguments not presented to the district court in opposition to a summary judgment motion, even if the moving party's submission appears to raise factual issues.
• Amilcar A.J. Marchetti v. Bitterolf
  968 F.2d 963· 9th Cir.· 1992-07-02 ·cited 6×
  The court held that the district court's stay order was not appealable under the collateral order doctrine, and thus the appeal should be treated as a petition for a writ of mandamus.
• Hill v. Marshall
  962 F.2d 1209· 6th Cir.· 1992-05-01 ·cited 6×
  The court held that the district court erred in labeling a judgment notwithstanding the verdict as a remittitur and in setting aside the jury's punitive damages award, but affirmed the denial of the defendant's motions regarding liability and compensatory damages.
• Hygh v. Jacobs
  961 F.2d 359· 2d Cir.· 1992-04-09 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that expert testimony stating an officer's conduct was 'totally improper' and 'not justified' crossed the line into legal conclusions, but was harmless error. The court also held that a dismissal 'in the interest of justice' does not constitute a favorable terminat
• Rogaciano Gonzales Mendoza v. Blodgett
  960 F.2d 1425· 9th Cir.· 1992-04-01 ·cited 6×
  The court held that while the inmate had a state-created liberty interest in the dry cell policy and was denied due process, prison officials were entitled to qualified immunity. The court also held that the inmate did not have a state-created liberty interest in visitation regul
• McKINNEY v. Anderson
  959 F.2d 853· 9th Cir.· 1992-03-27 ·cited 6×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court reinstated its prior decision, holding that exposure to environmental tobacco smoke (ETS) at levels posing an unreasonable risk of harm constitutes cruel and unusual punishment, and remanded for further proceedings to determine if prison officials acted with deliberate
• Frohmader v. Deputy D. Wayne
  958 F.2d 1024· 10th Cir.· 1992-03-12 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the plaintiff presented sufficient evidence of excessive force under the Fourth Amendment's objective reasonableness standard and due process, but failed to present sufficient evidence of serious medical needs for an inadequate medical attention claim.
• Wilson v. Giesen
  956 F.2d 738· 7th Cir.· 1992-02-14 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the plaintiff's civil rights complaint was untimely filed, affirming the district court's dismissal.
• Hill v. Ibarra
  954 F.2d 1516· 10th Cir.· 1992-01-28 ·cited 6×
  The court held that a former AFDC recipient has no enforceable right to have the state agency prioritize collection and distribution of current child support payments if she did not authorize the agency to collect such payments after her benefits ceased.
• Crumpton v. Gates
  947 F.2d 1418· 9th Cir.· 1991-11-04 ·cited 6×
  A child may bring a Section 1983 action for the loss of familial companionship resulting from the unconstitutional killing of their parent, even if the child was a fetus at the time of the killing, because the injury to the familial right arises postnatally upon the child's birth
• Hidahl v. Gilpin Cnty. Dep't OF Soc. Servs.
  938 F.2d 1150· 10th Cir.· 1991-07-16 ·cited 6×
  The court held that the plaintiffs' complaint failed to allege facts sufficient to overcome the defendants' qualified immunity defense, as it did not demonstrate a violation of clearly established constitutional or statutory rights.
• Kendrick v. Bland
  931 F.2d 421· 6th Cir.· 1991-05-02 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the District Court correctly applied a standard requiring institution-wide violations for contempt, but erred in its findings regarding cell searches due to ambiguity in the consent decree.
• Cooper v. Sheriff, Lubbock Cnty., Tex.
  929 F.2d 1078· 5th Cir.· 1991-04-30 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court erred in dismissing the prisoner's § 1983 claim for failure to state a claim, as the complaint alleged sufficient facts regarding unconstitutional deprivation of food and punishment without due process.
• Purvis v. Ponte
  929 F.2d 822· 1st Cir.· 1991-04-02 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that while the complaint was not frivolous, the plaintiff received sufficient procedural protections and failed to state a claim for an Eighth Amendment violation.
• Hughes v. City OF Fort Collins
  926 F.2d 986· 10th Cir.· 1991-02-25 ·cited 6×
  The court held that the district court did not abuse its discretion in denying sanctions under Rule 11, despite confusing the subjective and objective standards, because it ultimately found a good faith argument for modification of existing law.
• Langford v. Gay Lane
  921 F.2d 677· 6th Cir.· 1991-01-03 ·cited 6×
• Mayfield v. Collins
  918 F.2d 560· 5th Cir.· 1990-12-07 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the prisoner's appeal was frivolous and dismissed it, imposing a sanction to prevent future waste of judicial resources.
• Oldring v. Sch. Bd. OF Duval Cnty.
  567 So. 2d 519· Fla. 1st DCA· 1990-09-21 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  Theresa Oldring appealed the trial court's award of attorney's fees and costs to the School Board of Duval County in her § 1983 civil rights action. The appellate court reversed, holding that a defendant seeking attorney's fees under 42 U.S.C. § 1988 must establish the plaintiff'
• Moreland v. Wharton
  899 F.2d 1168· 11th Cir.· 1990-05-01 ·cited 6×
  A district court abuses its discretion by dismissing a prisoner's pro se complaint under 28 U.S.C. § 1915(d) if the complaint states a constitutional claim with an arguable basis in law and fact, without conducting a sufficient inquiry.
• Barnard v. Hans Q. Chamberlain
  897 F.2d 1059· 10th Cir.· 1990-03-08 ·cited 6×
  The court held that the Utah Bar Letter was a nonpublic forum and the Bar Commission's refusal to publish the plaintiff's opinion article was not impermissible viewpoint-based discrimination, thus not violating the plaintiff's First Amendment rights.
• Duran v. Garrey Carruthers
  885 F.2d 1485· 10th Cir.· 1989-09-15 ·cited 6×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the district court did not err in denying the defendants' motion to vacate parts of the consent decree, affirming the lower court's decision.
• Thorstenn v. Barnard
  883 F.2d 217· 3d Cir.· 1989-08-22 ·cited 6×
  The court held that plaintiffs are entitled to attorneys' fees under 42 U.S.C. § 1988 for services rendered in the district court, court of appeals, and Supreme Court, but fees against the Virgin Islands Bar Association are denied.
• Johnson v. State OF Tex.
  878 F.2d 904· 5th Cir.· 1989-08-04 ·cited 6×·via Civil Rights Suit Under 42 U.S.C. § 1983
  An order holding a § 1983 civil rights suit in abeyance pending exhaustion of state habeas corpus remedies is appealable under the collateral order doctrine.
• Lubavitch OF Iowa, Inc. v. Walters
  873 F.2d 1161· 8th Cir.· 1989-05-08 ·cited 6×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
• Caldeira v. Cnty. OF Kauai
  866 F.2d 1175· 9th Cir.· 1989-02-02 ·cited 6×
  The court held that federal courts must give preclusive effect to state court judgments confirming arbitration awards, and that the plaintiff failed to present evidence of a conspiracy.
• Melvin v. Nickolopoulos
  864 F.2d 301· 3d Cir.· 1988-12-30 ·cited 6×
  The court held that a prisoner's claim for damages for unlawful detention and denial of parole, even if related to a habeas corpus claim, should be treated as a civil rights action under 42 U.S.C. § 1983 and not dismissed for failure to exhaust state remedies.
• Taylor v. City OF Ballwin
  859 F.2d 1330· 8th Cir.· 1988-10-21 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Violations
  The district court abused its discretion by denying Taylor's motion for default judgment against Brouk Ziegler due to its prolonged and unexcused delay in appearing and answering.
• Cordell Moody v. J.O. Baker
  857 F.2d 256· 5th Cir.· 1988-09-19 ·cited 6×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that a prisoner's pro se complaint, despite stating a claim cognizable under 42 U.S.C. § 1983 when read in isolation, was properly dismissed as frivolous due to a history of similar filings and that sanctions were appropriate.
• Carter v. Broadlawns Med. Ctr.
  857 F.2d 448· 8th Cir.· 1988-09-13 ·cited 6×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that a county hospital may constitutionally hire a chaplain to provide pastoral care as part of a wholistic treatment approach, and that restrictions imposed by the lower court based solely on patient immobility should be lifted.
• Payne v. Lynaugh
  843 F.2d 177· 5th Cir.· 1988-04-05 ·cited 6×
  The court held that the prisoner's allegations of deliberate indifference to his serious medical needs were not frivolous and therefore the district court erred in dismissing the action with prejudice and denying leave to appeal in forma pauperis.
• Morales v. NEW York State Dep't OF Corr.
  842 F.2d 27· 2d Cir.· 1988-03-16 ·cited 6×
  The court held that a prisoner's claim of deliberate indifference by prison officials to an attack by another inmate can support a § 1983 action, and that the district court erred in dismissing claims against several defendants based on mere negligence.
• His Excellency v. Ramos
  835 F.2d 1486· 1st Cir.· 1987-12-30 ·cited 6×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court (in part V) affirmed that appellant did not establish a First Amendment claim against DACO. The concurring judge expressed optimism regarding the continued availability of the interjurisdictional certification procedure.
• Hamer v. Brown
  831 F.2d 1398· 8th Cir.· 1987-10-27 ·cited 6×
  The court held that while the employee's speech addressed a matter of public concern, it was not a substantial or motivating factor in the decision not to renew his contract, thus his First Amendment claim failed.
• Campbell v. City OF Allen Park & Frank Lada
  829 F.2d 576· 6th Cir.· 1987-09-18 ·cited 6×
  The court held that a federal civil rights action was barred by a prior state court judgment that had already provided reinstatement and back pay, and that the city's denial of a residency waiver was not an unconstitutional arbitrary or capricious act.
• Walje v. The City OF Winchester
  827 F.2d 10· 6th Cir.· 1987-09-02 ·cited 6×
  The court held that general damages are appropriate in § 1983 actions for First Amendment violations when harm is likely but difficult to prove, and attorney fees were reasonable.
• Davis v. City OF Charleston
  827 F.2d 317· 8th Cir.· 1987-08-25 ·cited 6×
  The court affirmed the grant of summary judgment for the officers but remanded the attorney's fees awards for both parties for reconsideration.
• Dethorn Graham v. City OF Charlotte
  827 F.2d 945· 4th Cir.· 1987-08-25 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the Fourth Amendment, not the Eighth Amendment, governs claims arising from investigatory stops, and the reasonableness of the seizure is a jury question.
• Foster v. Wyrick
  823 F.2d 218· 8th Cir.· 1987-07-08 ·cited 6×
  The court held that a Title VII disparate impact claim cannot be asserted via a § 1983 action, but reversed the dismissal of the Equal Protection Clause claim due to evidentiary restrictions.
• Rocky v. Vittorie
  813 F.2d 734· 5th Cir.· 1987-04-07 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a district court erred in dismissing an inmate's civil rights suit for failure to exhaust administrative remedies without considering whether the inmate made a good faith attempt to do so.
• Tomer v. Gates
  811 F.2d 1240· 9th Cir.· 1987-02-27 ·cited 6×
  The court held that the district court improvidently granted the motion to strike the qualified immunity defense, and Officer Lombardo is entitled to assert this defense.
• Fid. Guar. Mortg. Corp. v. Reben
  809 F.2d 931· 1st Cir.· 1987-01-21 ·cited 6×
  The court affirmed the award of attorney's fees and costs to the defendant under 42 U.S.C. § 1988, finding the plaintiff's civil rights action to be frivolous, unreasonable, and groundless.
• Miller v. NYS Pub. Serv. Comm'n & Jamaica Water Co.
  807 F.2d 28· 2d Cir.· 1986-12-08 ·cited 6×
  The district court lacked subject matter jurisdiction under the Johnson Act to award damages for a state-approved utility rate, even if the rate was challenged due to a drought emergency.
• Carter v. Jasper Greg Rogers
  805 F.2d 1153· 4th Cir.· 1986-11-26 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury verdicts were inconsistent and that the evidence supported a finding for the plaintiff on both federal excessive force and state assault and battery claims, requiring a new trial.