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

• Shaumyan v. O'Neill
  987 F.2d 122· 2d Cir.· 1993-03-03 ·via 42 U.S.C. § 1983 Action
  Connecticut's prejudgment attachment statute, Conn.Gen.Stat. § 52-278e(a)(l), is constitutional as applied to a debtor-creditor dispute involving a claim for materials and labor furnished for home improvement.
• Herndon v. Armontrout
  986 F.2d 1237· 8th Cir.· 1993-03-02
  The court held that the jury instructions, when viewed as a whole, adequately conveyed the legal standard for prisoner protection, and that sufficient evidence supported the jury's verdicts.
• Latimore v. Widseth
  986 F.2d 292· 8th Cir.· 1993-02-25
  The court would hold that the defendant is entitled to qualified immunity and summary judgment dismissal of the plaintiff's claim.
• Best v. Essex Cnty.
  986 F.2d 54· 3d Cir.· 1993-02-22
  The court held that while pretrial detainees have due process rights to personal security, the plaintiff failed to establish a causal link between alleged overcrowding and his injury from another detainee's assault.
• Murphy Charles Jones v. Dick Moore
  986 F.2d 251· 8th Cir.· 1993-02-19 ·via 42 U.S.C. § 1983 Action
  The court held that the Parole Board Chairman is entitled to absolute immunity and the parole officer is entitled to judgment because the plaintiff failed to present evidence of deliberate indifference or false reports.
• Simons v. City OF Grand Forks
  985 F.2d 981· 8th Cir.· 1993-02-16 ·via 42 U.S.C. § 1983 Claim For Denial Of Due Process
  The court held that the pre-termination procedures afforded to the employee met the due process requirements of notice, explanation of evidence, and opportunity to respond, and that the decisionmaker was not compelled to terminate the employee.
• LeMoyne Dale Chesson v. Jaquez
  986 F.2d 363· 10th Cir.· 1993-02-16
  The court held that the inmate's notice of appeal was timely filed, and affirmed the district court's grant of summary judgment because the inmate failed to demonstrate how the excluded evidence or witness testimony would have affected the outcome of his disciplinary hearing or t
• Liotta v. Borough OF Springdale
  985 F.2d 119· 3d Cir.· 1993-02-09 ·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that conclusory affidavits are insufficient to defeat a summary judgment motion when alleging political discharge, and that the plaintiff received adequate due process despite not having a clear property interest.
• Gentile v. Mo. Dep't OF Corr. & Human Res.
  986 F.2d 214· 8th Cir.· 1993-02-09 ·via 42 U.S.C. § 1983 Claim For Deliberate Indifference To Serious Medical Needs
  The court held that while procedural irregularities occurred below, the grant of summary judgment for the defendants was proper because the plaintiff failed to present specific facts showing deliberate indifference to his serious medical needs.
• Interboro Inst., Inc. v. Foley
  985 F.2d 90· 2d Cir.· 1993-02-05
  The court held that Interboro received constitutionally adequate due process through its extensive written submissions and available post-deprivation remedies, and thus was not entitled to a preliminary injunction or an evidentiary hearing.
• Cancel v. R.H. Rison
  985 F.2d 404· 8th Cir.· 1993-02-03
  The appellate court affirmed the district court's dismissal, finding the habeas petition moot due to the petitioner's release and a lack of factual support for his claims.
• Watson v. Caton
  984 F.2d 537· 1st Cir.· 1993-01-29
  The court held that a prisoner's claim of simple negligence regarding medical treatment is not a constitutional violation and can be dismissed as frivolous under 28 U.S.C. § 1915(d), but allegations of deliberate indifference to serious medical needs are not frivolous. A claim of
• The Harold Wash. Party v. The Cook Cnty.
  984 F.2d 875· 7th Cir.· 1993-01-29 ·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the district court did not abuse its discretion in denying the plaintiffs' motion to vacate the dismissal order under Rule 60(b).
• Dorsey v. Hous. Auth. OF Baltimore City
  984 F.2d 622· 4th Cir.· 1993-01-26 ·via Violation Of 42 U.S.C. § 1983
  The court held that public housing tenants have enforceable rights to challenge procedural violations of HUD utility allowance regulations under the Brooke Amendment, and that genuine issues of fact existed regarding the reasonableness of HABC's allowances.
• 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
• Sorensen v. City OF Aurora
  984 F.2d 349· 10th Cir.· 1993-01-19
  The court affirmed the district court's findings, holding that the plaintiff failed to prove intentional discrimination or that the City's reasons for termination were pretextual, and that the district court did not abuse its discretion in evidentiary rulings.
• Resident Council OF Allen Parkway Vill. v. United States Dep't OF Hous. & Urban Dev.
  980 F.2d 1043· 5th Cir.· 1993-01-13
  The court held that the residents failed to state a claim under 42 U.S.C. § 1983 and are not entitled to judicial review under the Administrative Procedure Act, thus reversing the district court's grant of permanent injunctive relief.
• Mark v. Crispus NIX
  983 F.2d 138· 8th Cir.· 1993-01-13 ·via 42 U.S.C. § 1983 Action
  The confiscation of an inmate's rosary with a hard plastic crucifix, and the subsequent denial of his grievance, did not violate his constitutional rights.
• Jackson v. State OF La.
  980 F.2d 1009· 5th Cir.· 1993-01-12
  The Orleans Parish Criminal Sheriff possesses the authority to conduct criminal investigations and make arrests within Orleans Parish, and therefore, a deputy sheriff acting under official policy did not violate federal or state law by arresting a citizen for traffic violations.
• 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.
• Alexander v. MacOubrie
  982 F.2d 307· 8th Cir.· 1992-12-30
  The court held that a complaint alleging interference with counsel, which acts as a substantial impediment to meaningful access to the courts, is not frivolous under 28 U.S.C. § 1915(d).
• In re Burnley
  988 F.2d 1· 4th Cir.· 1992-12-22
  The court held that it lacked jurisdiction to review the initial order imposing a pre-filing review system because the appeal was not timely filed, and affirmed the denial of the motion to modify that system, finding no abuse of discretion.
• Brown v. Wigginton
  981 F.2d 913· 6th Cir.· 1992-12-21 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff should have been given one year from the effective date of the repeal of the tolling statute to file her complaint.
• Folden v. Wash. State Dep't OF Soc. & Health Servs.
  981 F.2d 1054· 9th Cir.· 1992-12-11 ·via 42 U.S.C. § 1983 Action
  The court affirmed the district court's decision, holding that Washington's Medicaid reimbursement rates complied with the Boren Amendment's procedural and substantive requirements and that the state was not entitled to attorneys' fees.
• Nobles v. Brown
  985 F.2d 235· 6th Cir.· 1992-12-09 ·via Violation Of 42 U.S.C. § 1983
  The court held that a state prison guard's rape by an inmate does not constitute a deprivation of liberty without due process of law under the Fourteenth Amendment, even if prison officials were negligent.
• 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.
• Boone v. Dick D. Moore
  980 F.2d 539· 8th Cir.· 1992-12-02 ·via 42 U.S.C. § 1983 Action
  The court held that the admission of the audiologist's report as substantive evidence was error, but harmless, and that the district court did not abuse its discretion in admitting expert testimony despite late disclosure.
• 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.
• Mattoon v. City OF Pittsfield
  980 F.2d 1· 1st Cir.· 1992-11-20
  The court held that the Safe Drinking Water Act (SDWA) preempts federal common law nuisance and section 1983 claims, and that citizen suits under the SDWA require allegations of an ongoing violation, not merely past harm.
• Gosnell v. City OF Troy
  979 F.2d 1257· 7th Cir.· 1992-11-17
  The court held that the appeal must be dismissed for lack of appellate jurisdiction because the district court did not conclusively rule on the qualified immunity issue, making the collateral order doctrine inapplicable.
• Isa Abdullah Ramadan Shabazz
  980 F.2d 1333· 10th Cir.· 1992-11-09
  The court held that the district court abused its discretion by weighing disputed facts when dismissing the plaintiff's retaliation claim as frivolous under 28 U.S.C. § 1915(d).
• DeCAMP v. Douglas Cnty. Franklin Grand Jury
  978 F.2d 1047· 8th Cir.· 1992-11-02
  Special prosecutors are absolutely immune from § 1983 liability for assisting a grand jury in drafting an official report permitted by state law, as this function is intimately associated with the judicial phase of the criminal process.
• Martin v. Harrison Cnty. Jail
  975 F.2d 186· 5th Cir.· 1992-10-19
  The court held that a pro se litigant is not entitled to specific notice of summary judgment procedures beyond that provided by the rules.
• Story v. Green
  978 F.2d 60· 2d Cir.· 1992-10-19 ·via Violation Of 42 U.S.C. § 1983
  The court held that the repeal of a statutory exemption for disabled veterans from street peddling regulations did not violate the Due Process, Equal Protection, or Takings Clauses of the Constitution, and that state law claims were properly dismissed.
• Williams v. Armontrout
  977 F.2d 437· 8th Cir.· 1992-10-13
  The dissenting judge believes the district court erred in ordering a retrial on damages only, arguing it is unfair to the defendant in an Eighth Amendment case.
• ZAR v. The S.D. Bd. OF Exam'rs OF Psychologists
  976 F.2d 459· 8th Cir.· 1992-10-09
  The court held that the district court did not err in denying the motion to compel discovery, granting summary judgment on civil rights claims, or abstaining from injunctive relief.
• Foster v. Major James Eberle
  978 F.2d 1014· 8th Cir.· 1992-10-09
  The court held that the district court did not abuse its discretion in dismissing the case for failure to obey court orders.
• Schertz v. Crispus NIX
  975 F.2d 1382· 8th Cir.· 1992-09-25 ·via 42 U.S.C. § 1983 Action
  The court held that the prisoner's claim was barred by collateral estoppel because the issue was actually litigated and decided in state post-conviction proceedings.
• Burton v. Armontrout
  975 F.2d 543· 8th Cir.· 1992-09-21
  The court held that the district court did not abuse its discretion in granting limited injunctive relief despite a jury verdict for defendants, and did not err in directing verdicts for defendants on the inmates' claims.
• Pena v. Booth Gardner
  976 F.2d 469· 9th Cir.· 1992-09-15
  The court held that determining whether a suit is against an official in their "official" or "individual" capacity requires analyzing the specifics of the conduct, not just the caption.
• Medrano v. City OF LOS Angeles
  973 F.2d 1499· 9th Cir.· 1992-09-08
  The court held that the erroneous denial of a peremptory challenge to an alternate juror who later sat on the jury is reversible error, and that allowing impeachment of witnesses by certain misdemeanor convictions is also an error.
• Sisk v. CSO Branch
  974 F.2d 116· 9th Cir.· 1992-09-02 ·via 42 U.S.C. § 1983 Action
  A prisoner's section 1983 action challenging disciplinary procedures, even if it involves loss of good time credits, does not require exhaustion of state remedies if the effect on the duration of confinement is speculative and incidental.
• Ketchum v. City OF W. Memphis
  974 F.2d 81· 8th Cir.· 1992-09-02
• Nobby Lobby, Inc. v. City OF Dallas
  970 F.2d 82· 5th Cir.· 1992-09-01 ·via 42 U.S.C. § 1983 Liability
  The court held that the district court did not err in finding that the City acted in bad faith and with intent to harass, thus justifying federal intervention despite pending state proceedings, and that the City could be held liable as its officers acted pursuant to official poli
• Murphy v. Denis Dowd
  975 F.2d 435· 8th Cir.· 1992-08-28 ·via Violation Of 42 U.S.C. § 1983
  The court held that the defendant is entitled to qualified immunity because there was no clearly established constitutional right to be free from environmental tobacco smoke exposure at the time of the alleged violation.
• Wolfel v. Morris
  972 F.2d 712· 6th Cir.· 1992-08-18
  The court held that prison officials are entitled to qualified immunity for actions taken under a regulation later found unconstitutionally vague as applied, and that enhancement of attorney fees for contingency is not permitted under 42 U.S.C. § 1988.
• Letcher v. Turner
  968 F.2d 508· 5th Cir.· 1992-08-17
  The presence of female guards during a strip search of a male inmate does not violate the inmate's constitutional right to privacy, especially when necessitated by security concerns following an inmate disturbance.
• Russell v. Bd. OF Trs. OF THE Firemen
  968 F.2d 489· 5th Cir.· 1992-08-14
  The court held that the widow's claims were barred by the statute of limitations and that the pension plan amendment did not apply retroactively to her situation.
• Barnes v. Parker
  972 F.2d 978· 8th Cir.· 1992-08-14 ·via 42 U.S.C. § 1983 Action
  The court held that the district court did not err in denying the motion for a new trial and in permitting a peremptory challenge to strike a juror, affirming the dismissal of the § 1983 action.
• Sanders v. Brewer
  972 F.2d 920· 8th Cir.· 1992-08-13 ·via 42 U.S.C. § 1983 Liability
  The court affirmed the district court's judgment, holding that the magistrate judge did not err in granting summary judgment to supervisors, admitting impeachment testimony, or awarding attorney's fees, and that the nominal damages award was not a plain injustice.