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

• King v. Goldsmith
  897 F.2d 885· 7th Cir.· 1990-03-12 ·cited 2×·via Civil Rights Suit Under 42 U.S.C. § 1983
  A criminal conviction does not bar a civil rights suit against law enforcement officers if the conviction was procured by fraud.
• Fetus Cornwell v. City OF Riverside
  896 F.2d 398· 9th Cir.· 1990-02-15 ·cited 2×
  A city may pay punitive damages awarded against its employees in a civil rights action if the city determines it is in its best interest and the employees acted in good faith.
• Tarka v. Franklin
  891 F.2d 102· 5th Cir.· 1989-12-29 ·cited 2×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  A rejected applicant who audits courses is not a "student" under FERPA with a right to access admission files and recommendation letters.
• A & E Pac. Constr. Co. v. Saipan Stevedore Co., Inc.
  888 F.2d 68· 9th Cir.· 1989-10-19 ·cited 2×·via Civil Rights Act (42 U.S.C. § 1983)
  The Shipping Act of 1984 applies to the Commonwealth of the Northern Mariana Islands, and the Federal Maritime Commission has original and exclusive jurisdiction over disputes concerning marine terminal operator agreements, including harbor leases.
• Md. Pest Control Ass'n v. Montgomery Cnty.
  884 F.2d 160· 4th Cir.· 1989-09-08 ·cited 2×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  A claim of federal preemption under the Supremacy Clause is not actionable under 42 U.S.C. § 1983, and therefore cannot support a claim for attorney's fees under 42 U.S.C. § 1988.
• Miller v. Dick I. Taylor
  877 F.2d 469· 6th Cir.· 1989-06-09 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury instructions on the reasonableness of deadly force and the burden of proof for self-defense were not erroneous.
• Roberts v. Manson
  876 F.2d 670· 8th Cir.· 1989-06-06 ·cited 2×·via Civil Rights Act (42 U.S.C. § 1983)
  A magistrate judge lacks jurisdiction to conduct an evidentiary hearing and adjudicate the merits of a civil case without the express consent of all parties.
• Inmates OF THE Allegheny Cnty. Jail v. Cyril H. Wecht
  873 F.2d 55· 3d Cir.· 1989-05-01 ·cited 2×
  The court held that the appeal must be dismissed for lack of jurisdiction because the Commonwealth failed to file a timely petition for leave to appeal under Fed.R.App.P. 5.
• Calvert Ins. Co. v. W. Ins. Co.
  874 F.2d 396· 7th Cir.· 1989-04-21 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  An insurer has no duty to defend if the alleged conduct, even if reckless, falls within the policy's exclusion for expected or intended injuries.
• Dante Todaro v. Bowman
  872 F.2d 43· 3d Cir.· 1989-04-10 ·cited 2×
  The court held that summary judgment was improvidently granted because genuine issues of material fact remain regarding whether the prisoner's confinement was punitive and whether prison regulations created a protected liberty interest.
• Chambers v. Ingram
  858 F.2d 351· 7th Cir.· 1988-09-21 ·cited 2×
  The court affirmed the jury verdict for medical malpractice against the psychologist, finding sufficient evidence of negligence and proximate causation, but reversed the directed verdict on the civil rights claim, remanding for further consideration of costs.
• Brown v. W.B. Flury
  848 F.2d 158· 11th Cir.· 1988-06-27 ·cited 2×
  The court held that any error in allowing the impeachment of inmate witnesses with prior convictions was harmless because the jury was already aware of their criminal history.
• Emmitt Valentine v. Conquest
  850 F.2d 951· 3d Cir.· 1988-06-20 ·cited 2×
  The court affirmed the grant of a preliminary injunction, finding the district court did not abuse its discretion in determining the proposed changes to the prison's legal assistance program would impair inmates' constitutional right of access to the courts.
• Scutieri v. Est. of Revitz
  683 F. Supp. 795· S.D. Fla.· 1988-04-12 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that genuine issues of material fact precluded summary judgment on most counts, denying motions for the Southeast Defendants and granting them for Paige and Fernandez on specific RICO claims.
• Pilarowski v. MacOmb Cnty. Health Dept. & Macomb Cnty. Bd. of Comm'rs
  841 F.2d 1281· 6th Cir.· 1988-03-15 ·cited 2×
  The district court misapplied Monell by requiring proof of a municipal policy or custom when the deprivation of rights stemmed from an act of the county's legislative body.
• Knoll v. Webster
  838 F.2d 450· 10th Cir.· 1988-02-02 ·cited 2×·via Civil Rights Suit Under 42 U.S.C. § 1983
  A member of the Board of Pardons is absolutely immune from damages liability for actions taken in the performance of official duties regarding parole.
• Americans United FOR Separation OF Church & State v. The Sch. Dist. OF the City OF Grand Rapids
  835 F.2d 627· 6th Cir.· 1987-12-16 ·cited 2×·via 42 U.S.C. § 1983 Cause Of Action
  The court held that attorney's fees under 42 U.S.C. § 1988 are only available if the action explicitly enforces one of the enumerated civil rights statutes, not merely if the substance of the claim could be construed as such.
• Duncan v. Foti
  828 F.2d 297· 5th Cir.· 1987-09-29 ·cited 2×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that the unavailability of notary services does not preclude filing requests under the Freedom of Information Act and Privacy Act due to an available statutory alternative.
• Clark v. Honorable R.I. Prichard, III
  812 F.2d 991· 5th Cir.· 1987-03-23 ·cited 2×
  A probationer's challenge to a condition of probation must be brought as a habeas corpus action, not a section 1983 civil rights action, due to the blurred distinction between the fact and conditions of confinement.
• Brown v. City of Clewiston
  644 F. Supp. 1407· S.D. Fla.· 1986-09-30 ·cited 2×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court granted summary judgment for the City, finding no genuine issue of material fact regarding the existence of an unconstitutional policy or custom that caused the plaintiff's injury, and that the state negligence claim was governed by state law, not city regulations.
• Olivieri v. Ward
  801 F.2d 602· 2d Cir.· 1986-09-16 ·cited 2×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that while the district court correctly identified the infringement of civil rights, it erred in not adequately protecting the counterdemonstrators' rights and in its specific injunction regarding the number of demonstrators. The appellate court modified the injunc
• Robert Cimasi J. Barleycorn's, Inc. v. City OF Fenton
  781 F.2d 116· 8th Cir.· 1986-01-03 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  The declaratory judgment exception to res judicata does not apply when a party seeks both declaratory and injunctive relief.
• Hartley v. Camden R. Fine
  780 F.2d 1383· 8th Cir.· 1985-12-31 ·cited 2×
  The court held that the district court properly instructed the jury on causation and qualified immunity, and that the plaintiff failed to establish a property right in his employment under Missouri law.
• Page v. The Franklin Cnty. Sch. Bd.
  481 So. 2d 43· Fla. 1st DCA· 1985-12-18 ·cited 2×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the jury instruction and verdict form were erroneous because they required plaintiffs to prove each board member had an impermissible motive, rather than just that the protected conduct was a substantial or motivating factor in the collective decision.
• Love v. Sheffield
  777 F.2d 1453· 11th Cir.· 1985-12-11 ·cited 2×
• Johnson v. Officer Swyka
  763 F.2d 602· 3d Cir.· 1985-06-19 ·cited 2×
  The court held that the case must be remanded for reconsideration of the statute of limitations in light of Supreme Court precedent.
• Smith v. Warden James Rose
  760 F.2d 102· 6th Cir.· 1985-04-19 ·cited 2×
  The court held that the availability of a state remedy for property deprivation must be assessed on a case-by-case factual basis, not solely on the theoretical adequacy of state statutes.
• Preston v. Smith
  750 F.2d 530· 6th Cir.· 1984-12-19 ·cited 2×
  The court held that a state prisoner's claim for deprivation of property is barred if the state provides an adequate post-deprivation remedy, and that claims for unconstitutional segregation require further consideration in light of recent Supreme Court decisions.
• Alexander v. Johnson
  742 F.2d 117· 4th Cir.· 1984-08-17 ·cited 2×
  The court held that while the North Carolina restitution program for court-appointed counsel fees is facially constitutional, the appellant's claim of unconstitutional application must first be exhausted through state remedies, specifically habeas corpus.
• Winicki v. Mallard
  441 So. 2d 693· Fla. 1st DCA· 1983-11-21 ·cited 2×
  The appellate court affirmed the denial of attorney's fees to a pro se attorney litigant, despite the attorney's argument that a prior case did not preclude such an award.
• Lukovsky v. Commissioner OF Revenue
  710 F.2d 453· 8th Cir.· 1983-06-24 ·cited 2×
  The court held that the plaintiffs failed to show a constitutional violation of their Fifth Amendment privilege against self-incrimination, and the action may be barred by the Eleventh Amendment.
• Oran L. Turner v. Evans
  704 F.2d 1212· 11th Cir.· 1983-05-09 ·cited 2×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court is certifying a question of Georgia law to the Supreme Court of Georgia because there is no clear precedent on whether the statute of limitations for personal injury actions is tolled for incarcerated individuals.
• Johnson v. King
  696 F.2d 370· 5th Cir.· 1983-01-24 ·cited 2×
  The court held that the district court erred in granting summary judgment based on failure to exhaust administrative remedies, as the Supreme Court's decision in Patsy v. Florida Board of Regents altered the exhaustion requirements for § 1983 actions.
• Rhoades v. The Honorable Craig Penfold
  694 F.2d 1043· 5th Cir.· 1983-01-06 ·cited 2×
  The court held that the federal district court had jurisdiction, did not err in refusing to abstain or apply res judicata, but did err in granting summary judgment and certifying a class action.
• Arkhola Sand & Gravel Co. v. City OF Booneville
  694 F.2d 528· 8th Cir.· 1982-12-07 ·cited 2×
  The court held that a materialman does not have a constitutionally protected property interest in a surety bond that a municipality failed to require, thus failing to state a claim under 42 U.S.C. § 1983.
• Price v. Baker
  693 F.2d 952· 10th Cir.· 1982-12-01 ·cited 2×
  The court held that the sheriff competently discharged his duties and that his wife was not acting under color of state law when she struck the plaintiff.
• ZAK v. Pilla
  698 F.2d 800· 6th Cir.· 1982-11-02 ·cited 2×
  The court held that federal courts should decline jurisdiction in adoption matters, as these are traditionally within the purview of state courts.
• Dyson v. Kocik
  689 F.2d 466· 3d Cir.· 1982-10-05 ·cited 2×
  The court held that the prison disciplinary committee's vague written statement of findings violated an inmate's due process rights. The court vacated the grant of summary judgment on these claims.
• White v. Wyrick
  651 F.2d 597· 8th Cir.· 1981-06-17 ·cited 2×
  A federal court properly denied a habeas corpus petition where the petitioner failed to exhaust available state remedies for most of his claims.
• Seemiller v. Cir. Court Clerk OF ST. Charles Cnty.
  640 F.2d 175· 8th Cir.· 1981-02-12 ·cited 2×
  The court held that the civil rights action was prematurely filed while state court proceedings were still ongoing. The dismissal was affirmed without prejudice.
• Underwood v. Pritchard
  638 F.2d 60· 8th Cir.· 1981-01-21 ·cited 2×
  The court held that the pro se plaintiff's complaint failed to state a claim under 42 U.S.C. § 1983, and the remaining issue was moot.
• Kriss Mangum v. Mitchell
  638 F.2d 203· 10th Cir.· 1980-12-29 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the state's denial of general assistance (GA) to recipients of federal Supplemental Security Income (SSI) does not violate constitutional rights and is a rational exercise of state authority to coordinate welfare programs and prevent double payments.
• Barlow v. Marion Cnty. Hosp. Dist.
  495 F. Supp. 682· M.D. Fla.· 1980-07-29 ·cited 2×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that while plaintiffs stated constitutional claims over which it had jurisdiction, they failed to state a claim under 42 U.S.C. § 1983 based on the Hill-Burton Act because they did not allege exhaustion of administrative remedies as required by the statute.
• Hirrill v. Merriweather
  629 F.2d 490· 8th Cir.· 1980-01-16 ·cited 2×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that the plaintiff's termination claim was barred by res judicata, and while the pension claim's res judicata status was unclear, it was ultimately without merit and thus properly dismissed.
• Pardee v. Moses
  605 F.2d 865· 5th Cir.· 1979-11-01 ·cited 2×
  The dismissal of a pro se plaintiff's complaint for failure to provide a sufficiently definite statement was an abuse of discretion when the plaintiff made a good-faith effort to comply and the defendant was not prejudiced.
• Williams v. Park Anderson
  599 F.2d 923· 10th Cir.· 1979-05-08 ·cited 2×
  The court held that the evidence was legally insufficient to support judgments against prison officials for false imprisonment under 42 U.S.C. § 1983, as they reasonably relied on the records clerk's mistaken confirmation of the inmate's sentence.
• Roth v. United States Dep't OF Transp.
  572 F.2d 183· 8th Cir.· 1978-03-09 ·cited 2×
  The court held that 42 U.S.C. § 4602(a) precludes judicial review of actions taken under the Uniform Relocation Assistance Act, thus the district court lacked subject matter jurisdiction.
• Dema v. State OF Ill.
  546 F.2d 224· 7th Cir.· 1976-12-21 ·cited 2×
  The court held that the district court properly refused to convene a three-judge court and properly dismissed the complaint based on abstention principles.
• Courtney v. Adams
  528 F.2d 1056· 8th Cir.· 1976-03-05 ·cited 2×
  A mere disagreement with a prison physician regarding necessary medical care does not state a claim for relief under 42 U.S.C. § 1983.
• Lambert v. Honorable Kenneth A. Turner
  525 F.2d 1101· 6th Cir.· 1975-11-20 ·cited 2×
  The court held that the district court properly dismissed the action because no case or controversy existed after the consent injunction was entered, and plaintiffs lacked standing.