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

• Gonzalez v. Martinez
  756 F. Supp. 1533· S.D. Fla.· 1991-01-18 ·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that while the Protection and Advocacy Act requires exhaustion of administrative remedies where appropriate, the specific remedies cited by the defendants were inadequate, and the plaintiff's failure to exhaust did not warrant summary judgment at this stage.
• Davis v. City OF Charleston
  917 F.2d 1502· 8th Cir.· 1990-11-02
  The court held that the trial court erred in awarding attorney's fees to the defendant police officers because the plaintiff's civil rights claims were not shown to be frivolous, unfounded, or vexatiously brought.
• Williams v. Luna
  909 F.2d 121· 5th Cir.· 1990-08-15 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court improperly dismissed the excessive force claim against the guards because the plaintiff adequately alleged a significant injury and the use of excessive force, and improperly made credibility determinations at the Spears hearing.
• Abdul-Hakeem v. Koehler
  910 F.2d 66· 2d Cir.· 1990-08-01
  The court held that a prisoner's petition seeking a transfer of custody, even if framed as a challenge to conditions of confinement, must be treated as a petition for a writ of habeas corpus if the requested relief would require prison officials to cede custody.
• Vianello v. Pacifico
  905 F.2d 699· 3d Cir.· 1990-06-15
  The court held that the district court erred in concluding that Fed.R.Civ.P. 77(d) barred it from granting an extension of time to file a notice of appeal due to excusable neglect. The court reversed and remanded for further consideration.
• Kyle v. Allen
  732 F. Supp. 1157· S.D. Fla.· 1990-03-08 ·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that the plaintiff's allegations of unsanitary conditions and inadequate medical treatment, if true, could constitute an Eighth Amendment violation, warranting rejection of the magistrate's recommendation to dismiss.
• White v. Gerbitz
  892 F.2d 457· 6th Cir.· 1989-12-20
  The dissenting judge believes the finding of probable cause to arrest and detain Clyde White as a material witness was problematic and not met.
• Hernandez v. Whiting
  881 F.2d 768· 9th Cir.· 1989-08-04 ·via Civil Rights Suit Under 42 U.S.C. § 1983
  A district court must consider less drastic alternatives before dismissing a prisoner's pro se civil rights suit for failure to appear due to incarceration.
• Darrin Money v. Dick Moore
  877 F.2d 9· 8th Cir.· 1989-06-07 ·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court erred in dismissing the pro se prisoner's complaint without considering the distinct standards for dismissal under Fed.R.Civ.P. 12(b)(6) and 28 U.S.C. § 1915(d), especially in light of Neitzke v. Williams.
• Sheppard v. State OF La. Bd. OF Parole
  873 F.2d 761· 5th Cir.· 1989-04-27 ·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that a prisoner's civil rights claims challenging parole supervision fees as an ex post facto violation should not be dismissed prematurely and may require a stay or dismissal without prejudice pending habeas corpus exhaustion.
• Mangan v. Cullen
  870 F.2d 1396· 8th Cir.· 1989-03-22 ·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the defendant administrator was entitled to qualified immunity on the plaintiff's claim of discrimination under the Bankruptcy Code, and that the plaintiff failed to establish a deprivation of a liberty or property interest under the Due Process Clause.
• Hinojosa v. The City OF Terrell
  864 F.2d 401· 5th Cir.· 1989-02-02 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the prior panel's decision established the law of the case, and the defendant met their summary judgment burden by showing an absence of evidence to support the plaintiff's claims.
• GEE v. Clair Cripe
  853 F.2d 510· 7th Cir.· 1988-07-21 ·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that the district court's transfer rule, which required inmates with pending litigation to remain in the Marion prison, was invalid as it usurped the Attorney General's statutory authority to designate prisoner confinement locations.
• Hudson v. Lt. Harlan Edmonson
  848 F.2d 682· 6th Cir.· 1988-05-24
  The dissenting judge would hold that a responsible official should have known the incident report provided to Hudson violated his due process rights, thus denying qualified immunity.
• Lyons v. Powell
  838 F.2d 28· 1st Cir.· 1988-02-04 ·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the district court erred in dismissing the pro se complaint for failure to state a cause of action, as the alleged conditions of confinement might constitute punishment violating due process rights.
• McCULLOUGH v. Lynaugh
  835 F.2d 1126· 5th Cir.· 1988-01-20 ·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court did not abuse its discretion in dismissing the case without prejudice for failure to prosecute, as the plaintiff had not suffered prejudicial harm.
• City OF Riviera Beach v. Langevin
  522 So. 2d 857· Fla. 4th DCA· 1987-12-23
  A white police officer sued the City of Riviera Beach and its officials under 42 U.S.C. § 1983 after being terminated allegedly due to reverse racial discrimination. A jury awarded $500,000 in compensatory damages and $40,000 in punitive damages. The court affirmed, holding that
• Holt v. Ford
  828 F.2d 1523· 11th Cir.· 1987-10-05
  The denial of appointment of counsel to an in forma pauperis section 1983 plaintiff is not immediately appealable under the collateral order doctrine.
• Coleman v. Turpen
  827 F.2d 667· 10th Cir.· 1987-08-24
  The appellate court vacated its prior judgment and mandate, recalling the case for further proceedings because the property at issue no longer existed, frustrating the prior judgment's intent and potentially involving misleading information.
• Colyer v. Ryles
  827 F.2d 315· 8th Cir.· 1987-08-24
  The court held that the district court properly dismissed the claims as frivolous because the alleged injuries could not have resulted from the transcript omissions, as the transcript did not exist at the time of the adverse decisions.
• Pocker v. Brown
  819 F.2d 148· 6th Cir.· 1987-05-26
  The court held that Ohio's practice of appointing retired judges to hear cases does not violate the Fourteenth Amendment, as there is no federal requirement for state judges to be elected.
• Miller v. R.D. Simmons
  814 F.2d 962· 4th Cir.· 1987-03-26
  An order denying a motion for appointment of counsel under 28 U.S.C. § 1915(d) is not immediately appealable as a final decision under 28 U.S.C. § 1291, nor does it fall within the collateral order exception.
• Country v. Bartee
  808 F.2d 686· 8th Cir.· 1987-01-08
  The court held that a parolee denied the right to cross-examine an adverse witness must demonstrate prejudice to warrant relief beyond expenses and attorney's fees.
• Wright v. Holbrook
  794 F.2d 1148· 6th Cir.· 1986-07-11
  The court held that the plaintiff waived the right to appeal issues not raised in his objections to the magistrate's report and that new theories of recovery cannot be raised for the first time on appeal.
• Justice v. Dennis
  793 F.2d 571· 4th Cir.· 1986-06-16 ·via 42 U.S.C. § 1983 (Excessive Force)
  The dissenting judge believes the majority erred by finding reversible error in a jury instruction that faithfully followed binding circuit precedent.
• 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.
• Parton v. Wyrick
  766 F.2d 336· 8th Cir.· 1985-06-25 ·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that the district court did not abuse its discretion in excluding impeachment testimony due to insufficient foundation.
• Mercurio v. The City OF NEW York
  758 F.2d 862· 2d Cir.· 1985-03-29
  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.
• Bumgarner v. Bloodworth
  738 F.2d 966· 8th Cir.· 1984-07-17
  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
  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
• Celeste Colon v. Jenaro Collazo Collazo
  729 F.2d 32· 1st Cir.· 1984-03-08
  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.
• West v. Vill. OF Morrisville & Robert Bourne
  728 F.2d 130· 2d Cir.· 1984-02-14
  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.
• Leza Price, Jr. v. Harris
  722 F.2d 427· 8th Cir.· 1983-12-14
  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
• Roberson v. Hewes
  701 F.2d 418· 5th Cir.· 1983-03-28 ·via 42 U.S.C. § 1983 Civil Rights Claim
  A prisoner's civil rights action cannot be dismissed solely on the unsubstantiated speculation that they cannot effectively prosecute it while incarcerated.
• Eddy Ray Messimer v. A.L. Lockhart
  702 F.2d 729· 8th Cir.· 1983-03-25 ·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that plaintiffs did not waive their right to appeal by failing to object to the magistrate's recommendation, and that their complaint sufficiently alleged the Director's direct involvement in unconstitutional prison conditions.
• Dr. Ing. H. C. F. Porsche AG v. Classic Motor Carriages, Inc.
  316 F. Supp. 1039· S.D. Fla.· 1982-01-13 ·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
• Eldred S. Wallace v. King
  650 F.2d 529· 4th Cir.· 1981-06-05
  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
  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.
• Sandles v. Ruben
  314 F. Supp. 685· S.D. Fla.· 1981-03-25 ·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
• Almond v. Davis
  639 F.2d 1086· 4th Cir.· 1981-02-05
  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
  The court held that neither party was solely at fault for the missing transcript and ordered a final attempt to obtain it.
• Holloway v. Bruton
  638 F.2d 41· 8th Cir.· 1980-11-17 ·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the district court properly dismissed the civil rights action as premature because the appellant had not yet suffered a demonstrable injury from the alleged conduct affecting his fair trial rights.
• Jordan v. Jones
  625 F.2d 750· 6th Cir.· 1980-07-17
  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.
• Brown v. Schiff
  614 F.2d 237· 10th Cir.· 1980-01-14
  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
  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.
• Selman Cooke v. NEW Mexico Junior Coll. Bd.
  579 F.2d 568· 10th Cir.· 1978-07-10
  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
  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