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

• Manhattan Beach Police Officers Ass'n, Inc. v. City OF Manhattan Beach
  881 F.2d 816· 9th Cir.· 1989-08-08 ·cited 4×
  The court held that the denial of qualified immunity summary judgment was appealable, and that the plaintiffs alleged a violation of clearly established First Amendment norms.
• Lynch v. City OF Alhambra
  880 F.2d 1122· 9th Cir.· 1989-07-26 ·cited 4×
  A release-dismissal agreement is enforceable if voluntarily entered into and its enforcement is in the public interest, and the district court erred by dismissing the action solely for failure to allege prosecutorial misconduct.
• Green v. Baron
  879 F.2d 305· 8th Cir.· 1989-06-28 ·cited 4×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that the Special Treatment Program (STP) did not constitute punishment as a matter of law, and therefore, the district court erred in granting judgment notwithstanding the verdict.
• Tanner v. Heise
  879 F.2d 572· 9th Cir.· 1989-06-27 ·cited 4×
  The arresting officers complied with state law and did not conspire to violate Tanner's constitutional rights by arresting him.
• Gus W. Zielasko and Nancy Bowman v. The State OF Ohio
  873 F.2d 957· 6th Cir.· 1989-05-03 ·cited 4×
  The court held that section 6(C) places an impermissible burden on a voter's First Amendment right to support a qualified candidate of her choice.
• Jackson v. Crews
  873 F.2d 1105· 8th Cir.· 1989-05-01 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury instructions were proper, the damages and attorney fees awards were supported by the evidence, and the defendant's other claims of error lacked merit. The court affirmed the district court's judgment.
• Jennings v. Joshua Indep. Sch. Dist.
  877 F.2d 313· 5th Cir.· 1989-04-12 ·cited 4×
  The court held that school officials and dog handlers were not liable under § 1983 as they did not act under color of state law, and the police officer was entitled to qualified immunity. Sanctions against the plaintiff and his attorney were affirmed in part but remanded for reco
• Ervin T. Valandingham, Jr. v. S.G. Bojorquez
  866 F.2d 1135· 9th Cir.· 1989-01-30 ·cited 4×
  The court held that the district court erred in granting summary judgment on the claims of retaliation for being labeled a 'snitch' and denial of legal materials, as genuine issues of material fact existed. However, the conspiracy claim was affirmed due to the plaintiff's failure
• Wassum v. The City OF Bellaire
  861 F.2d 453· 5th Cir.· 1988-12-12 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  A municipality's inadequate hiring policies, if not unconstitutional themselves, require proof of gross negligence or conscious indifference to public welfare to establish section 1983 liability.
• Muhammed Hassan v. Fraccola
  851 F.2d 602· 2d Cir.· 1988-07-12 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Violations
  A municipality's duty to defend a police officer under N.Y. Pub. Off. Law § 18(3)(a) is triggered by the allegations in the plaintiff's complaint, not by a subsequent factual determination by the municipality.
• Keller v. Petsock
  849 F.2d 839· 3d Cir.· 1988-06-23 ·cited 4×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that it lacked jurisdiction over both appeals because the first appeal was improperly sent to the circuit court and the second appeal was untimely filed with the district court.
• Ollie v. Riggin
  848 F.2d 1016· 9th Cir.· 1988-06-13 ·cited 4×
  The court held that the federal action should be stayed pending the final disposition of the state court action because the state law on the res judicata effect of a vacated judgment pending appeal is unclear.
• Stephany v. Wagner
  835 F.2d 497· 3d Cir.· 1987-12-15 ·cited 4×
  The court held that the prison's administrative segregation rule created a state law expectation triggering federal procedural due process protections, and summary judgment was therefore error.
• Pressly v. H.H. Gregory
  831 F.2d 514· 4th Cir.· 1987-10-21 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that magistrates are immune from suit for judicial acts and that a § 1983 claim challenging incarceration is a habeas petition requiring dismissal for lack of jurisdiction over the custodian.
• Mahfouz v. A.L. Lockhart
  826 F.2d 791· 8th Cir.· 1987-08-25 ·cited 4×
  The court held that Arkansas statutes and regulations do not create a protected liberty interest in participation in a work release program, and the exclusion of sex offenders is rationally related to a legitimate government purpose.
• Sahagian v. Dickey
  827 F.2d 90· 7th Cir.· 1987-08-14 ·cited 4×
  The court held that a state is not constitutionally required to provide legal materials for discretionary appeals, but reversed the denial of damages for denial of access at Marion, remanding for further proceedings.
• Childs v. Pellegrin
  822 F.2d 1382· 6th Cir.· 1987-06-24 ·cited 4×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that a material issue of fact exists regarding whether the prisoner was arbitrarily deprived of a liberty interest by the warden's failure to transfer him after he was cleared of allegations supporting his initial placement in administrative segregation.
• Thornton v. Jennings
  819 F.2d 153· 6th Cir.· 1987-05-28 ·cited 4×
  The court held that the district court erred by not conducting a de novo review of the magistrate's report and recommendations when the magistrate was not appointed as a special master with the parties' consent.
• Espinoza v. Wilson
  814 F.2d 1093· 6th Cir.· 1987-03-27 ·cited 4×·via Civil Rights Act (42 U.S.C. § 1983)
  Prison officials are accorded wide-ranging deference in security decisions, and withholding publications that advocate homosexuality is permissible if reasonably related to a legitimate penological interest and no greater than necessary.
• Czura v. Supreme Court OF S.C. as Comm. on Rules of Admission to Practice of Law in the State of S.C.
  813 F.2d 644· 4th Cir.· 1987-03-11 ·cited 4×
  The district court correctly dismissed the action because federal courts lack jurisdiction to review state court disciplinary proceedings, and the plaintiff's claim was inextricably intertwined with the state court's disbarment order.
• Crook v. Deane Baker
  813 F.2d 88· 6th Cir.· 1987-03-05 ·cited 4×
  The Regents of the University of Michigan had the authority under Michigan law to revoke a degree obtained by fraud, and the procedures followed comported with due process requirements.
• Rios v. Lane
  812 F.2d 1032· 7th Cir.· 1987-02-13 ·cited 4×
  The court held that the disciplinary rule as applied to the inmate was unconstitutionally vague, violating his due process rights, and that prison officials were not entitled to qualified immunity.
• Dean v. Coughlin
  804 F.2d 207· 2d Cir.· 1986-10-28 ·cited 4×
  The court held that the district court abused its discretion by imposing its own detailed plan for prison dental care without sufficient deference to the state's proposed plan.
• Giano v. Flood
  803 F.2d 769· 2d Cir.· 1986-10-20 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  A prior judgment in a New York State Article 78 proceeding does not preclude a subsequent 42 U.S.C. § 1983 civil rights claim for damages.
• Waggoner v. Mosti
  792 F.2d 595· 6th Cir.· 1986-06-12 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury's answers to special interrogatories were not irreconcilably inconsistent and affirmed the trial court's denial of a new trial. The court also affirmed the award of attorney fees.
• The Dep't OF Corr. of the State of Fla. v. Hill
  490 So. 2d 118· Fla. 3d DCA· 1986-05-06 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  The Florida Department of Corrections appealed a $750,000 jury verdict for false imprisonment awarded to Jesse Hill. The court affirmed the liability finding but reversed the damages award due to misleading jury instructions that confused the jury about comparative negligence, wh
• Battle v. Park Anderson
  788 F.2d 1421· 10th Cir.· 1986-04-16 ·cited 4×
  The court affirmed the dismissal of most claims, finding the district court's conclusions not clearly erroneous, but vacated the dismissal and remanded the racial discrimination claim due to insufficient findings.
• Cervantez v. Whitfield
  776 F.2d 556· 5th Cir.· 1985-11-18 ·cited 4×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that plaintiffs were not prevailing parties under the Equal Access to Justice Act because the settlement with the INS did not provide relief beyond what existing law already required, and thus, attorney's fees were not warranted.
• Hershinow v. M.F. Bonamarte, Jr.
  772 F.2d 394· 7th Cir.· 1985-09-13 ·cited 4×
  The court affirmed the district court's award of attorney's fees against the plaintiff, finding his civil rights claims to be frivolous, unreasonable, or groundless.
• Allen v. City OF Kinloch
  763 F.2d 335· 8th Cir.· 1985-05-31 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a state tort remedy, such as replevin, satisfies due process requirements for a random and unauthorized deprivation of property, even if the deprivation was tortious.
• Wright v. Deyton
  757 F.2d 1253· 11th Cir.· 1985-04-16 ·cited 4×
  The court held that while reliance on mail delivery can constitute excusable neglect, the district court must still conduct a full analysis under Fallen v. United States to determine if the appellant did all that could reasonably be expected, particularly regarding pre-mailing de
• Corstvet v. Boger
  757 F.2d 223· 10th Cir.· 1985-03-12 ·cited 4×
  The court held that the professor's conduct constituted moral turpitude and that he received adequate due process in his termination proceedings.
• Clifford Y.C. LAI and Victoria L. Lai v. City & Cnty. OF Honolulu
  749 F.2d 588· 9th Cir.· 1984-12-14 ·cited 4×
  The court held that Hawaii Revised Statutes § 657-11 does not apply to actions brought under 42 U.S.C. § 1983, and the applicable limitations period is Hawaii's six-year catch-all statute.
• Austin v. Brown Local Sch. Dist.
  746 F.2d 1161· 6th Cir.· 1984-10-25 ·cited 4×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The district court properly dismissed claims under § 504 of the Rehabilitation Act and 42 U.S.C. § 1983 because the Education for All Handicapped Children Act (EAHCA) provides the sole remedy for claims related to a free appropriate public education.
• Robert Vance, D.O. v. State OF Utah
  744 F.2d 750· 10th Cir.· 1984-10-01 ·cited 4×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that Utah's preclusion law barred relitigation of issues already decided by state courts, and affirmed the denial of a preliminary injunction.
• Tautfest v. City OF Lincoln
  742 F.2d 477· 8th Cir.· 1984-08-31 ·cited 4×·via Civil Rights Act (42 U.S.C. § 1983)
  A probationary employee terminated for cause, under terms explicitly stating immediate termination for disciplinary problems, does not possess a property interest in continued employment triggering due process rights, nor is such termination a breach of the collective bargaining
• Sanders v. Frisby
  736 F.2d 1230· 8th Cir.· 1984-06-12 ·cited 4×
  The doctrine of collateral estoppel bars relitigation of Fourth Amendment claims in a § 1983 action when those claims were actually litigated and decided in state criminal proceedings, even if the conviction was later reversed on other grounds.
• Ross v. Amos Reed
  719 F.2d 689· 4th Cir.· 1983-10-12 ·cited 4×
  The court held that the plaintiff's claims for injunctive and declaratory relief were moot due to his release from custody, and that the defendants were entitled to qualified immunity for the First Amendment claim. The court also affirmed the dismissal of the Eighth Amendment cla
• Hadden v. Howard
  713 F.2d 1003· 3d Cir.· 1983-08-11 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the Commissioner's interpretation of the regulation was inconsistent with its plain language and purpose, and that disciplining an inmate for statements made in a complaint violated due process.
• Cont'l Ins. Co. v. Ill. Dep't OF Transp.
  709 F.2d 471· 7th Cir.· 1983-06-08 ·cited 4×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The Eleventh Amendment does not bar a suit seeking to declare a state's statutory liability limit unconstitutional, even if compliance might indirectly affect the state treasury, as long as the suit seeks prospective relief and not direct monetary damages from the state.
• Reichert v. Draud
  701 F.2d 1168· 6th Cir.· 1983-03-10 ·cited 4×
  The court held that the school board's decision to change a teacher's schedule would have been made regardless of her protected First Amendment activities, thus affirming the dismissal of her claim.
• Collins v. Hoke
  705 F.2d 959· 8th Cir.· 1983-02-15 ·cited 4×
  The county's application of its ordinance to Mr. Collins, requiring him to move to the county poor farm for general assistance, violates the Equal Protection Clause.
• Consumers Union OF United States, Inc. v. Va. State BAR
  688 F.2d 218· 4th Cir.· 1982-08-09 ·cited 4×
  The court held that the Virginia State Bar, by virtue of its enforcement role, was liable for attorney's fees under 42 U.S.C. § 1988, and the district court abused its discretion in finding special circumstances to deny such an award. The award of attorney's fees against the Virg
• Buddy J. Loftin v. Thomas
  681 F.2d 364· 5th Cir.· 1982-07-26 ·cited 4×
  A prisoner's claim for lost property under 42 U.S.C. § 1983 is barred if an adequate state remedy exists, as the state remedy itself satisfies due process requirements.
• Herlinda Espino v. City OF Kingsville
  676 F.2d 1075· 5th Cir.· 1982-05-28 ·cited 4×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the trial court did not err in denying motions for directed verdict and judgment notwithstanding the verdict, and that the city could not be held liable under a theory of respondeat superior. Evidentiary rulings were also found not to be reversible error.
• Harald Schleiffer v. Meyers
  644 F.2d 656· 7th Cir.· 1981-03-16 ·cited 4×
  A child under eleven does not possess an independent constitutional right to override a custodial parent's decision regarding relocation.
• Hebert v. Ventetuolo
  638 F.2d 5· 1st Cir.· 1981-01-20 ·cited 4×
  The court held that the students had no constitutional entitlement to play interscholastic sports, thus no due process claim for their suspension.
• Arrow v. DOW
  636 F.2d 287· 10th Cir.· 1980-12-23 ·cited 4×
• Modjeska M. Simkins v. Gressette
  631 F.2d 287· 4th Cir.· 1980-09-22 ·cited 4×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the plaintiffs failed to state a substantial claim of unconstitutional vote dilution, and that equitable principles barred relief due to the delay in filing the lawsuit.
• Waste Mgmt. OF Wis., Inc. v. Fokakis
  614 F.2d 138· 7th Cir.· 1980-02-01 ·cited 4×·via Civil Rights Act (42 U.S.C. § 1983)
  Federal courts lack jurisdiction to hear a corporation's collateral attack under 42 U.S.C. § 1983 on a state court criminal conviction, as habeas corpus is the exclusive federal remedy for such attacks.