42 U.S.C. § 1983 Claim For Deprivation Of Liberty Without Due Process

12 Florida cases classified under this topic · sorted by citation count · browse and sort

• Gilmere v. City OF Atlanta
  774 F.2d 1495· 11th Cir.· 1985-10-15 ·cited 178×
  The existence of a state statute providing redress does not automatically insulate a wrongdoer from a federal § 1983 claim if the state remedy is not adequate in fact.
• Dennis v. S & S Consol. Rural High Sch. Dist.
  577 F.2d 338· 5th Cir.· 1978-07-31 ·cited 60×
  A non-tenured public school teacher denied contract renewal is entitled to Fourteenth Amendment due process when the school board publicly makes stigmatizing charges against him, even if he has no property interest in continued employment.
• Tubbesing v. Arnold
  742 F.2d 401· 8th Cir.· 1984-08-22 ·cited 50×
  The court held that the Board members are entitled to qualified immunity on the claims for money damages because the plaintiff did not have a clearly established property interest in her employment and did not establish a deprivation of liberty.
• Corriz v. Emilio Naranjo
  667 F.2d 892· 10th Cir.· 1981-12-09 ·cited 30×
  The court held that defendants' objections regarding potential double recovery were not properly preserved for appeal because they failed to make specific objections to the jury instructions or verdict forms as required by Rule 51.
• Motes v. Myers
  810 F.2d 1055· 11th Cir.· 1987-02-20 ·cited 28×
  The court held that the plaintiff alleged sufficient facts to state a cause of action under 42 U.S.C. § 1983 for deprivation of liberty without due process, reversing summary judgment for the arresting officers. The court affirmed summary judgment for the City of Conyers.
• Eugene D. v. Karman
  889 F.2d 701· 6th Cir.· 1989-11-13 ·cited 14×
  Officials are not personally liable for allowing state wards to be physically abused by foster parents because the law regarding their duty to protect is not clearly established for foster care.
• Gorra v. Hanson
  880 F.2d 95· 8th Cir.· 1989-07-24 ·cited 11×
  The court held that the troopers were entitled to qualified immunity because they could have reasonably believed probable cause existed for the arrest under the "arguable probable cause" standard, and the relevant law was not clearly established at the time.
• Dick v. Watonwan Cnty.
  738 F.2d 939· 8th Cir.· 1984-07-11 ·cited 6×
  The court held that a broad delegation of discretion to individual employees to exercise their judgment does not constitute an official policy sufficient to establish municipal liability under 42 U.S.C. § 1983.
• Sherman v. Four Cnty. Counseling Ctr.
  987 F.2d 397· 7th Cir.· 1993-02-19 ·cited 3×
  The court held that both the police officer and the private mental institution are protected by qualified immunity in the case of an emergency involuntary detention and treatment.
• Schleck v. Ramsey Cnty.
  939 F.2d 638· 8th Cir.· 1991-07-29
  The court held that the defendant is entitled to qualified immunity because the process afforded to the plaintiffs did not violate clearly established due process rights.
• Saverio Senape, M.D. v. Constantino
  936 F.2d 687· 2d Cir.· 1991-06-18
  A physician-provider has no property interest in continued enrollment in New York's Medicaid program due to broad state discretion, and a liberty interest claim requires proof of publication of stigmatizing information, which was not sufficiently alleged.