42 U.S.C. § 1983 Claim

3,807 Florida cases classified under this topic, plus 3,026 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Burgess v. Ryan
  996 F.2d 180· 7th Cir.· 1993-06-14
  The court held that the district court erred in finding Illinois's license revocation scheme unconstitutional on due process grounds and that the preliminary injunction was improperly granted.
• Gilbertson v. Tex. Bd. OF Pardons & Paroles
  993 F.2d 74· 5th Cir.· 1993-06-11 ·via 42 U.S.C. § 1983 Action
  A Texas prison inmate does not possess a constitutionally protected interest in a tentative parole date and is not entitled to reasons for its denial or revision.
• Davis v. Ross
  995 F.2d 137· 8th Cir.· 1993-06-10 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's 42 U.S.C. § 1983 action was time-barred by Iowa's two-year statute of limitations.
• LOS Angeles Police Protective League v. Gates
  995 F.2d 1469· 9th Cir.· 1993-06-08 ·via Violation Of 42 U.S.C. § 1983
  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.
• Mitchell v. Reynaldo P. Glover
  996 F.2d 164· 7th Cir.· 1993-06-08
  The court held that the plaintiff failed to demonstrate a denial of either a property or liberty interest, thus affirming the magistrate's decision granting summary judgment for the defendants.
• Fletcher v. Butts
  994 F.2d 548· 8th Cir.· 1993-06-07 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff inmate failed to present sufficient evidence of deliberate indifference to his serious medical need, thus summary judgment for the prison officials was proper.
• Millard L. Swenson v. Trickey
  995 F.2d 132· 8th Cir.· 1993-06-07 ·via 42 U.S.C. § 1983 Action
  The court held that prison officials are entitled to qualified immunity because it was not clearly established in 1986 that an inmate had a liberty interest in avoiding initial administrative segregation or that a fifteen-day delay without a hearing was constitutionally unreasona
• WEG v. MacChiarola
  995 F.2d 15· 2d Cir.· 1993-06-04 ·via 42 U.S.C. § 1983 Action
  The court held that the appellants were entitled to qualified immunity because probable cause existed as a matter of law to initiate and continue the prosecution against Weg.
• Evans v. City OF Chicago
  995 F.2d 1393· 7th Cir.· 1993-06-03 ·via Violation Of 42 U.S.C. § 1983
  The court held that a consent decree based on an overruled decision should be vacated, as the underlying legal basis no longer exists and the parties did not settle the merits of the case.
• 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
• SDDS, Inc. v. State OF S.D.
  994 F.2d 486· 8th Cir.· 1993-06-01
  Collateral estoppel does not preclude the current federal action because the issues litigated in the prior state court case (SDDS III) concerning the Initiated Measure are not identical to the issues presented in the current case concerning the Referendum.
• Mylett v. Mullican
  992 F.2d 1347· 5th Cir.· 1993-05-28
  The court held that the police officer's actions did not constitute protected speech under the First Amendment, and that members of the Civil Service Commission were entitled to absolute quasi-judicial immunity.
• Clark Mershon v. Beasley
  994 F.2d 449· 8th Cir.· 1993-05-26
  The court held that there was sufficient evidence to support the jury's verdict on the § 1983 and malicious prosecution claims.
• McNEES v. Mountain Home
  993 F.2d 1359· 8th Cir.· 1993-05-26 ·via 42 U.S.C. § 1983 Action
  The court held that a witness subpoenaed from out-of-state in a civil case is not entitled to statutory immunity from arrest, and reputational harm alone does not constitute a constitutional deprivation of liberty under § 1983.
• Garth Maag v. Wessler
  993 F.2d 718· 9th Cir.· 1993-05-24
  The court held that a district court is not required to articulate specific reasons for denying attorney fees to a prevailing defendant under 42 U.S.C. § 1988, and that the law of the case doctrine did not compel an award in this instance.
• Brown v. R.N. Briscoe
  998 F.2d 201· 4th Cir.· 1993-05-21 ·via 42 U.S.C. § 1983 Action
  A district court may properly dismiss a prisoner's complaint sua sponte under 28 U.S.C. § 1915(d) if it lacks an arguable basis in law or fact, or is based on an indisputably meritless legal theory.
• Alexander v. Peffer
  993 F.2d 1348· 8th Cir.· 1993-05-21 ·via Violation Of 42 U.S.C. § 1983
  The court held that the alleged public disclosure of personal information, while potentially poor judgment, did not rise to the level of a constitutional violation cognizable under 42 U.S.C. § 1983.
• Kasib T. Bilal v. A.L. Lockhart
  993 F.2d 643· 8th Cir.· 1993-05-20
  The court held that the district court did not abuse its discretion in admitting testimony about the unwritten commitment name policy, as its probative value outweighed any unfair prejudice.
• Grunwald v. SAN Bernardino City Unified Sch. Dist.
  994 F.2d 1370· 9th Cir.· 1993-05-19
  The dissent argues that the District and Union's deduction-escrow-refund procedure for agency fees is unconstitutional because it fails to minimize infringement on nonmembers' First Amendment rights by holding disputed funds for four months without adequate justification.
• Brow v. Farrelly
  994 F.2d 1027· 3d Cir.· 1993-05-13
  The District Court erred in its jurisdictional analysis but correctly dismissed the petitions on other grounds; however, its sua sponte order enjoining the plaintiff from filing further actions was an abuse of discretion and is vacated.
• Beck v. Schwartz
  992 F.2d 870· 8th Cir.· 1993-05-12
  The district court erred by failing to rule on the appellant's motion for summary judgment regarding qualified immunity. The court must first determine if a constitutional right was violated.
• Estes v. Moore
  993 F.2d 161· 8th Cir.· 1993-05-11
  The court held that the district court did not err in denying the motion for a new trial, nor in its evidentiary rulings regarding expert testimony and negligence.
• French v. Lt. Dedrick A. Beard
  993 F.2d 160· 8th Cir.· 1993-05-11 ·via 42 U.S.C. § 1983 Action
  The court held that the district court did not abuse its discretion in denying the motion for a new trial based on the verdict being against the weight of the evidence.
• 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.
• Peart v. City OF NEW York
  992 F.2d 458· 2d Cir.· 1993-05-03 ·via Violation Of 42 U.S.C. § 1983
  The court held that the district court did not abuse its discretion in dismissing the action with prejudice and imposing monetary sanctions on counsel due to the attorney's failure to comply with court orders and prosecute the action.
• Shannon v. White
  992 F.2d 791· 8th Cir.· 1993-05-03
  The court held that it lacks jurisdiction to hear an interlocutory appeal from a district court's order when the order does not decide the issue of qualified immunity.
• Mohamed Abdul Hafiz El-Tabech v. Gunter
  992 F.2d 183· 8th Cir.· 1993-04-30
  The court held that it lacked jurisdiction to hear the appeal because the district court's order was not final and no injunction had been entered.
• Abdul Y. Salahuddin v. E.W. Jones
  992 F.2d 447· 2d Cir.· 1993-04-30
  The court held that a district court has the power to dismiss claims on res judicata grounds even if the defense is not raised in the pleadings, and that new claims were properly dismissed for failure to state a claim.
• Crocog Co. v. Reeves
  992 F.2d 267· 10th Cir.· 1993-04-29
  The court held that the plaintiff's federal action was barred by claim preclusion (res judicata) because the plaintiff could have and should have raised its federal constitutional claims in the prior state court proceeding reviewing the administrative assessment.
• Goff v. Dailey
  991 F.2d 1437· 8th Cir.· 1993-04-29 ·via 42 U.S.C. § 1983 Action
  The court held that prison disciplinary boards may not find an inmate guilty based on less than a preponderance of the evidence, as this violates due process. The dissent argues the majority incorrectly applied a standard of review instead of a standard of proof.
• Elenor Joyce Whittaker GAY v. Turner
  994 F.2d 425· 8th Cir.· 1993-04-28 ·via 42 U.S.C. § 1983 Action
  The court held that the temporary transfers to a mental hospital did not violate due process and that the defendants were entitled to qualified immunity for the administration of antipsychotic drugs.
• Raymundo R. Mendoza v. Lynaugh
  989 F.2d 191· 5th Cir.· 1993-04-28
  The court held that while the prisoner's claims were properly dismissed as frivolous, the Rule 11 sanctions imposed were overly severe and constituted an abuse of discretion.
• Hester Lee Searles v. Se. Pa. Transp. Auth.
  990 F.2d 789· 3d Cir.· 1993-04-27
• Ass'n FOR Cmty. Living IN Colo. v. Romer
  992 F.2d 1040· 10th Cir.· 1993-04-27 ·via Violation Of 42 U.S.C. § 1983
  The court held that plaintiffs failed to exhaust administrative remedies under the Individuals with Disabilities Education Act (IDEA), and thus the district court lacked jurisdiction.
• Settle v. Mickie Ross
  992 F.2d 162· 8th Cir.· 1993-04-23 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff failed to adequately respond to the defendants' motion for summary judgment by not designating specific facts showing a genuine issue for trial.
• Davis v. Calzona Hall
  992 F.2d 151· 8th Cir.· 1993-04-22 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff failed to state a claim for deliberate indifference to his serious medical needs under § 1983, and that mere negligence is insufficient for such a claim.
• 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.
• Hallstrom v. City OF Garden City
  991 F.2d 1473· 9th Cir.· 1993-04-12 ·via 42 U.S.C. § 1983 Action
  The court held that a four-day detention without presentation to a magistrate, even when the detainee refused booking procedures, violates the Fourth Amendment's prompt presentment requirement, and that municipalities cannot claim qualified immunity.
• Comiskey v. JFTJ Corp.
  989 F.2d 1007· 8th Cir.· 1993-04-06
  The court held that a default judgment was appropriate due to the defendant's willful discovery abuses, but the award of damages was reversed because the plaintiff failed to state a cognizable claim under 42 U.S.C. § 1983. The attorney fees award was affirmed as a Rule 37 sanctio
• Thompson v. Walbran
  990 F.2d 403· 8th Cir.· 1993-04-02 ·via § 1983 Suit
  A prosecutor is entitled to absolute prosecutorial immunity for claims arising from conduct during a criminal prosecution and for retaining evidence. A FOIA claim for damages against an individual is not cognizable.
• Walters v. Grossheim
  990 F.2d 381· 8th Cir.· 1993-04-01 ·via 42 U.S.C. § 1983 Action
  Prison officials are not entitled to qualified immunity for failing to obey an unstayed state court judgment that created a liberty interest, and the denial of punitive damages was proper.
• Deaton v. Montgomery Cnty.
  989 F.2d 885· 6th Cir.· 1993-04-01
  A county is not liable under 42 U.S.C. § 1983 for constitutional deprivations resulting from a municipality's custom, policy, or practice when the county has contracted with the municipality to operate a jail, as long as the county did not demonstrate deliberate indifference and
• Brookins v. Kolb
  990 F.2d 308· 7th Cir.· 1993-03-31
  The court held that the prisoner's actions constituted violations of prison regulations regarding correspondence and fund disbursement, not protected speech or petition rights, and affirmed the grant of summary judgment.
• Castillo v. Cook Cnty. Mail Room Dep't
  990 F.2d 304· 7th Cir.· 1993-03-30
  The court held that the plaintiff's allegations of unintentional and isolated negligence in mail handling do not support a claim under 42 U.S.C. § 1983.
• Carter v. City OF Philadelphia
  989 F.2d 117· 3d Cir.· 1993-03-19
  The court held that the Pennsylvania Veterans' Preference Act, which grants preference to qualified veterans in civil service promotions, supersedes conflicting local regulations and confers a constitutionally protected property right.
• Stachniak v. Hayes
  989 F.2d 914· 7th Cir.· 1993-03-19 ·via 42 U.S.C. § 1983 Action
  The court affirmed the district court's judgment, finding no reversible error in the jury instructions or the denial of a new trial motion.
• Vieira v. Presley
  988 F.2d 850· 8th Cir.· 1993-03-17
  The court held that the public officials were entitled to qualified immunity because the plaintiff's alleged associations with friends and acquaintances did not fall under a clearly established First Amendment right to freedom of association.
• Gaines v. Walker
  986 F.2d 1438· D.C. Cir.· 1993-03-09
  The court held that the District of Columbia is not obligated to indemnify the officer for his liability, but the trial court committed prejudicial error by excluding the officer's prior consistent statement (police report) offered to rebut a charge of fabrication.
• CASA Marie, Inc. v. Superior Court OF Puerto RICO for the Dist. OF Arecibo
  988 F.2d 252· 1st Cir.· 1993-03-09
  The court held that the section 1983 claims failed due to lack of state action and that the Fair Housing Act claims should not have been entertained by the federal district court due to the Anti-Injunction Act and Younger abstention. The federal district court improperly enjoined
• Thiokol Corp. v. Dep't OF Treas.
  987 F.2d 376· 6th Cir.· 1993-03-05
  The Tax Injunction Act does not bar ERISA challenges to state taxes in federal court when state courts lack jurisdiction over ERISA claims, and ERISA does not abrogate states' Eleventh Amendment immunity. Claims for prospective injunctive and declaratory relief against state offi