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

• Smith v. Vaughn
  860 F. Supp. 728· M.D. Fla.· 1996-11-20
  The court held that probable cause existed for the arrest, barring the civil rights and malicious prosecution claims, and denied injunctive relief.
• Abrams v. Hunter
  910 F. Supp. 620· M.D. Fla.· 1995-12-28 ·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court granted summary judgment for the defendants, finding the plaintiff failed to establish a constitutional violation by Officer Gray or Sheriff Hunter.
• Zeller v. the Florida Bar
  909 F. Supp. 1518· N.D. Fla.· 1995-06-16
  The court held that the time restrictions on soliciting and accepting judicial campaign contributions under Canon 7C(1) were unconstitutional as they unduly restricted First Amendment rights of speech and association without being narrowly tailored to the state's interest in prev
• Gangloff v. Poccia
  888 F. Supp. 1549· M.D. Fla.· 1995-06-13 ·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because his allegations amounted to negligence, not deliberate indifference to his constitutional rights.
• Bain v. The City OF Hialeah
  646 So. 2d 771· Fla. 3d DCA· 1994-11-09 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court reversed a trial court's dismissal of an amended complaint alleging excessive force by Hialeah police officers and their chief in apprehending a minor through a police dog. The decision clarifies that claims for excessive force in arrest, including state tort and federa
• O'Donnell v. Singletary
  634 So. 2d 223· Fla. 2d DCA· 1994-03-23
  The court held that the prisoner's allegations were sufficient to state a cause of action under 42 U.S.C. § 1983, and the trial court erred in dismissing the complaint.
• Henderson v. Wilkinson
  627 So. 2d 579· Fla. 2d DCA· 1993-12-01
  A property owner's section 1983 claim against a state employee for failing to provide statutorily required tax information was properly dismissed because the alleged deprivation could be remedied through a de novo circuit court trial on the tax assessment.
• Drewitt v. Pratt
  999 F.2d 774· 4th Cir.· 1993-07-22 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that a police officer is entitled to qualified immunity when, in the course of an arrest attempt, the suspect's actions created a severe threat of physical harm, making the officer's use of deadly force reasonable under the Fourth Amendment.
• Bender v. Brumley
  994 F.2d 1151· 5th Cir.· 1993-07-12 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that instructing the jury that a "significant injury" was required to prove a federal excessive force claim under 42 U.S.C. § 1983 was reversible error, as it conflicted with Supreme Court precedent requiring focus on the maliciousness of the force used, not the ex
• Romano v. Howarth
  998 F.2d 101· 2d Cir.· 1993-07-02
  The court held that the special interrogatories submitted to the jury inaccurately framed the issues and that the admission of the progress notes was improper hearsay.
• Thompson v. Rasberry
  993 F.2d 513· 5th Cir.· 1993-06-23 ·via Civil Rights Suit Under 42 U.S.C. § 1983
  A pro se prisoner's written objections to a magistrate's report and recommendation are deemed timely filed when they are forwarded to prison officials for delivery to the district court, consistent with the mailbox rule established in Houston v. Lack.
• Vukadinovich v. Zentz
  995 F.2d 750· 7th Cir.· 1993-06-09
  The court held that the trial court did not commit reversible errors during the trial and affirmed the judgment in all respects.
• LOS Angeles Police Protective League v. Gates
  995 F.2d 1469· 9th Cir.· 1993-06-08
  The court held that while the plaintiff cannot obtain relief based on an unconstitutional search if it was not pursuant to official policy, he may still be entitled to equitable relief based on a due process violation related to his termination hearing.
• Ashe v. Corley
  992 F.2d 540· 5th Cir.· 1993-06-04 ·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the district court did not abuse its discretion in denying leave to amend, but erred in granting summary judgment on the RICO claims due to the county's failure to meet its initial burden and on the section 1983 claims due to the Supreme Court's rejection of a
• Guar. Nat'l Ins. Co. v. Int'l Ins. Co.
  994 F.2d 1280· 7th Cir.· 1993-06-03 ·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the insurance policy covered claims for intentional interference with economic relationships and invasion of privacy, but not civil rights violations or punitive damages arising from those violations.
• DeMont R.D. Conner v. Sakai
  994 F.2d 1408· 9th Cir.· 1993-06-02 ·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a prisoner's due process rights may be violated by disciplinary segregation imposed without adequate notice or opportunity to call witnesses, and by punishment for praying in Arabic under an overly broad English-only rule. Qualified immunity may not apply if a
• Smith v. Noonan
  992 F.2d 987· 9th Cir.· 1993-05-10
  The Washington Administrative Code (WAC) does not create a liberty interest for prisoners to remain in the general prison population, and therefore, placing an inmate in administrative segregation does not violate due process rights.
• McCRARY-EL v. Shaw
  992 F.2d 809· 8th Cir.· 1993-05-06 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the trial court did not abuse its discretion in excluding witness testimony, admitting a videotape, or admitting conduct violation reports, and that any error in refusing a jury instruction regarding missing evidence was harmless.
• Nereida-Gonzalez v. Cirilo Tirado-Delgado
  990 F.2d 701· 1st Cir.· 1993-04-14
  Qualified immunity shields government officials from liability for money damages for First Amendment violations if their conduct did not violate clearly established rights, but it does not bar claims for equitable relief against officials in their official capacities.
• Mansfield Apt. Owners Ass'n v. City OF Mansfield
  988 F.2d 1469· 6th Cir.· 1993-03-12
  The court's majority opinion, which this concurrence agrees with regarding the judgment, applied a rational basis test to a governmental scheme, finding it permissible. The concurring judge believes a reasonableness test is more appropriate for substantive due process claims.
• Dixon v. Chrans
  986 F.2d 201· 7th Cir.· 1993-02-18 ·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that an Illinois statute creating an exception to the tolling of the statute of limitations for prisoner claims against Department of Corrections officials is inconsistent with the purposes of 42 U.S.C. § 1983 and cannot be applied to such suits.
• Gartrell v. R.S. Gaylor
  981 F.2d 254· 5th Cir.· 1993-01-21
  The court held that the district court abused its discretion by dismissing the inmate's § 1983 claims as frivolous, as the inmate presented a colorable claim for tolling of the statute of limitations due to exhaustion of administrative remedies and a potentially arguable claim re
• Thomas v. Bible
  983 F.2d 152· 9th Cir.· 1993-01-07
  The majority erred in holding that the law of the case prohibited the district court from awarding attorney's fees, as the prior appellate decision on fees was discretionary and did not establish law of the case for the district court.
• Zilich v. Lucht
  981 F.2d 694· 3d Cir.· 1992-12-17
  The court held that a prisoner's claim of denial of access to the courts, stemming from the confiscation of legal materials, is a substantive due process claim actionable under 42 U.S.C. § 1983 and is not foreclosed by the availability of state post-deprivation remedies under the
• King v. Davis
  980 F.2d 1236· 8th Cir.· 1992-12-08 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court affirmed the district court's grant of a new trial, finding that the district court properly weighed the evidence and did not abuse its discretion.
• Stroman v. Colleton Cnty. Sch. Dist.
  981 F.2d 152· 4th Cir.· 1992-12-04
  The court held that a teacher's proposal for a "sick-out" during final exams, even if mixed with criticism of budget management, constituted unprotected speech because it urged dishonest conduct and frustrated the state's interest in providing public education.
• Pearlie Mae Turner v. White
  980 F.2d 1180· 8th Cir.· 1992-12-02 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the trial court's erroneous jury instruction on 'deliberate indifference' did not constitute plain error, and the admission of evidence regarding alcohol consumption was not an abuse of discretion.
• Pearson v. Fair
  980 F.2d 37· 1st Cir.· 1992-11-24 ·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that plaintiffs were prevailing parties entitled to attorney's fees under 42 U.S.C. § 1988 because their lawsuit had a catalytic effect in bringing about significant improvements in the defendants' isolation policies, even though they did not achieve complete succe
• Bear v. Crispus C. NIX
  977 F.2d 1291· 8th Cir.· 1992-10-23
  The court held that while the prisoner's free exercise claim was not reviewable, the prison's Native American consultant's decision to exclude the prisoner based solely on lack of a BIA enrollment number violated the terms of a prior settlement agreement.
• Shabazz v. Lynaugh
  974 F.2d 597· 5th Cir.· 1992-09-29 ·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that a plaintiff alleging an Eighth Amendment excessive force claim need not plead or prove significant injury.
• Eaton v. Newport Bd. OF Educ.
  975 F.2d 292· 6th Cir.· 1992-09-17 ·via Civil Rights Act (42 U.S.C. § 1983)
  Actions taken by the Kentucky Education Association (KEA) and William Gist to advocate for a school principal's termination are protected by the First Amendment's rights to free speech and petition, and thus cannot form the basis for a lawsuit.
• Sterling Dicken v. Ashcroft
  972 F.2d 231· 8th Cir.· 1992-08-07 ·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the inmate's claims were either moot, conceded to be invalid, or not properly raised before the district court, thus affirming the dismissal.
• Walker v. Butler
  967 F.2d 176· 5th Cir.· 1992-08-04 ·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the officer's actions did not constitute deliberate indifference to the inmate's serious medical needs, as his conduct was not wanton or a reckless disregard for the inmate's rights.
• Koenig v. Vannelli
  971 F.2d 422· 9th Cir.· 1992-08-04 ·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that prison officials did not violate an inmate's due process rights by denying his request for an independent drug test at his own expense.
• Al Aswad T.A. Muhammad v. Lynaugh
  966 F.2d 901· 5th Cir.· 1992-06-15 ·via Civil Rights Suit Under 42 U.S.C. § 1983
• Fernandez v. Leonard
  963 F.2d 459· 1st Cir.· 1992-04-29 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court did not err in its rulings regarding fraud on the court, autopsy photographs, or the admission of evidence concerning prior convictions and weapons, and that the jury verdict was not against the weight of the evidence.
• Diaz v. Romer
  961 F.2d 1508· 10th Cir.· 1992-04-20 ·via Civil Rights Claims Under 42 U.S.C. § 1983
  The court held that the district court had jurisdiction over the HIV policy, did not err in creating subclasses or awarding attorney's fees, and did not abuse its discretion in compelling discovery and awarding associated fees.
• Ramos-Melendez v. Valdejully
  960 F.2d 4· 1st Cir.· 1992-03-24
  The court affirmed the judgment, finding no clear error in the magistrate's factual determination that the plaintiff's demotion was not substantially motivated by political affiliation.
• Yost v. Solano
  955 F.2d 541· 8th Cir.· 1992-01-28
  The court held that parole officers Hohnstein and McKenzie were entitled to qualified immunity for their actions in conducting Yost's preliminary parole revocation hearing, and that Yost failed to preserve issues regarding the sufficiency of the evidence for jury verdicts.
• McKINNEY v. Maynard
  952 F.2d 350· 10th Cir.· 1991-12-23
  The court held that the dismissal of the inmate's pro se complaint as frivolous under 28 U.S.C. § 1915(d) was improper because the complaint stated an arguable basis in law or fact for his First Amendment religious practice claims.
• Harris v. Bolin
  950 F.2d 547· 8th Cir.· 1991-12-02
  The court held that the detention center's policy of opening, inspecting, and retaining non-privileged mail deemed obscene, and the failure to forward or deliver such mail to an inmate, did not violate the inmate's constitutional rights or constitute a denial of procedural due pr
• Shakur Abdullah v. Gunter
  949 F.2d 1032· 8th Cir.· 1991-11-26
  The court held that the district court abused its discretion by denying appointed counsel for the plaintiff's First Amendment claim, but affirmed summary judgment on the due process and equal protection claims.
• Ward v. City OF SAN Jose
  967 F.2d 280· 9th Cir.· 1991-11-04 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that excessive force claims must be analyzed under the Fourth Amendment's reasonableness standard, not substantive due process, and that the district court erred by instructing the jury on the latter. The court also affirmed the dismissal of the siblings' claims an
• Luciano v. Galindo
  944 F.2d 261· 5th Cir.· 1991-10-15 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the magistrate judge erred in dismissing the prisoner's excessive force claim as frivolous solely on the basis that his injuries were not constitutionally significant.
• Ramonita Santiago de Castro v. Medina
  943 F.2d 129· 1st Cir.· 1991-08-29
  A tenured teacher's claim of emotional distress from supervisor's harassment, even if causing illness, does not state a claim under 42 U.S.C. § 1983 for violation of substantive due process.
• Genusa v. D.J. Mumphrey, Jr.
  931 F.2d 11· 5th Cir.· 1991-05-13
  The court held that there is no constitutional right requiring a government employer to pay wages for days an employee misses work to respond to a federal court subpoena, and thus no basis for a § 1983 claim or § 1988 attorney fees.
• Hopkins v. City OF Sierra Vista
  931 F.2d 524· 9th Cir.· 1991-05-02
  The court held that summary judgment was inappropriate because there was a genuine dispute of material fact regarding probable cause for the warrantless entry. The award of attorneys' fees was reversed as there was no prevailing party.
• Vanguard Ins. Co. v. ST. Johns Cnty.
  578 So. 2d 1132· Fla. 5th DCA· 1991-04-04 ·via 42 U.S.C. § 1983 Civil Rights Claim
  Vanguard Insurance Company appeals a summary judgment awarding St. Johns County reimbursement for amounts paid to settle a Section 1983 civil rights lawsuit against its sheriff. The court holds that the county may pursue equitable subrogation against the insurer for the damage aw
• Arnold v. Lantz McCLAIN
  926 F.2d 963· 10th Cir.· 1991-02-21 ·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  A district attorney is entitled to absolute prosecutorial immunity for actions taken to secure a resignation in exchange for dropping criminal charges, and a plaintiff cannot establish a liberty interest claim based on stigmatizing statements if the information was already public
• Laurence K. Burgin v. Iowa Dep't OF Corr.
  923 F.2d 637· 8th Cir.· 1991-01-22
  The appellate court affirmed the district court's finding that correctional officers used excessive force violating the Eighth Amendment and rejected the defendants' claims of qualified immunity.