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

• United OF Omaha Life Ins. Co. v. Solomon
  960 F.2d 31· 6th Cir.· 1992-03-30 ·via Violation Of 42 U.S.C. § 1983
  The court held that the state's actions did not deprive the plaintiff of a protected liberty or property interest under the Due Process Clause, and thus the preliminary injunction was improperly granted.
• 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.
• Jamshid R. Mody ad Prosequedum for the Heirs-at-Law of Navroze Mody v. The City OF Hoboken
  959 F.2d 461· 3d Cir.· 1992-03-23 ·via Violation Of 42 U.S.C. § 1983
  The court held that insufficient evidence was presented to show that the police department's alleged indifference was the product of racial discrimination or that this indifference proximately caused the victim's death.
• Republican Party OF Oregon v. Keisling
  959 F.2d 144· 9th Cir.· 1992-03-18 ·via Violation Of 42 U.S.C. § 1983
  The court held that Oregon's reapportionment plan, when combined with its staggered term system, does not violate the First or Fourteenth Amendments by temporarily postponing the voting opportunity for certain constituents.
• Harlan Richards v. Sergeant J.D. White
  957 F.2d 471· 7th Cir.· 1992-03-11
  The court held that a prisoner's First Amendment right to free exercise of religion must yield to legitimate penological objectives and reasonable prison management, and that the prison's denial of the inmate's specific request for a single cell or daily private meditation time w
• Porrata v. Gonzalez-Rivera
  958 F.2d 6· 1st Cir.· 1992-03-04 ·via Violation Of 42 U.S.C. § 1983
  The court held that the Secretary of Sports and Recreation was properly held in contempt for violating a consent decree by failing to rehire an employee based on seniority, implicitly requiring good faith adherence to the seniority system.
• Crot v. Byrne
  957 F.2d 394· 7th Cir.· 1992-02-28
  The court held that the Illinois Industrial Commission's determination that the plaintiff's discharge did not cause his stroke collaterally estopped him from relitigating that issue in a subsequent federal action.
• MOY v. Cowen
  958 F.2d 168· 7th Cir.· 1992-02-14
  The court held that the appellant, a voter who intervened in the district court, lacked standing to appeal the district court's judgment because she did not demonstrate a concrete injury. Therefore, the appeal was dismissed for want of jurisdiction.
• Carrelli v. Ginsburg
  956 F.2d 598· 6th Cir.· 1992-02-12
  The court held that the Ohio Racing Commission's drug testing regulations, requiring reasonable cause, do not violate the Fourth Amendment, and that the publication of positive test results in conjunction with adjudication proceedings does not violate an individual's privacy righ
• Butcher v. City OF McALESTER
  956 F.2d 973· 10th Cir.· 1992-02-12 ·via 42 U.S.C. § 1983 Liability For Municipalities
  The court held that there was sufficient evidence for the jury to find the City liable under 42 U.S.C. § 1983 for violating plaintiffs' First Amendment rights, but reversed awards for humiliation due to insufficient evidence.
• Rory Nitcher v. Does
  956 F.2d 796· 8th Cir.· 1992-02-10
  The court held that the MDOC and State were improperly awarded damages on their counterclaim as they were not proper parties, but affirmed the denial of Nitcher's constitutional claims and the award of actual damages to eight prison officials for abuse of process.
• Caballero v. City OF Concord
  956 F.2d 204· 9th Cir.· 1992-02-05 ·via 42 U.S.C. § 1983 Liability
  The court held that a jury instruction requiring proof of specific intent to violate constitutional rights for a false arrest claim under 42 U.S.C. § 1983 was erroneous.
• Podberesky v. Kirwan
  956 F.2d 52· 4th Cir.· 1992-01-31 ·via Violation Of 42 U.S.C. § 1983
  The court held that a race-based affirmative action program must be justified by specific findings of past discrimination and demonstrate present effects of that discrimination, which the lower court failed to adequately establish.
• N. Miss. Commc'ns, Inc. v. Jones
  951 F.2d 652· 5th Cir.· 1992-01-28
  The district court erred in its application of the Mt. Healthy burden-shifting analysis, both by failing to adhere to the law of the case regarding the first prong and by misinterpreting the second prong's requirements for the defendant.
• Cabinet FOR Human Resources v. N. Ky. Welf. Rights Ass'n
  954 F.2d 1179· 6th Cir.· 1992-01-24
  The court held that the Low Income Home Energy Assistance Act of 1981 implies no private right of action prior to exhausting state administrative remedies and creates no substantive rights enforceable under 42 U.S.C. § 1983.
• Zeien v. Palmer
  955 F.2d 506· 8th Cir.· 1992-01-23
  The court held that the Department of Human Services' policy of canceling AFDC benefits based on a single child support payment, without estimating the likelihood of future payments, complies with the Social Security Act and federal regulations.
• Johnson v. Dick Busby
  953 F.2d 349· 8th Cir.· 1991-12-24 ·via 42 U.S.C. § 1983 Action
  The court held that the trial court did not abuse its discretion in excluding certain evidence, denying a request to reopen the case, and in its jury instructions regarding serious medical needs.
• 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.
• Kovacich v. Benjamin
  951 F.2d 114· 7th Cir.· 1991-12-12 ·via Violation Of 42 U.S.C. § 1983
  The court held that the magistrate judge erred by refusing to give a jury instruction detailing Indiana law prohibiting the submission or approval of false mileage claims, as this instruction was essential for the jury to properly determine the employer's motive.
• Jennings
  948 F.2d 194· 5th Cir.· 1991-12-10
  The Fifth Circuit held that the district court abused its discretion by improperly calculating the least severe sanction under Rule 11, based on erroneous findings regarding notice and the point at which fees should be limited.
• Royal D. Ross v. Soc. Sec. Admin.
  949 F.2d 1021· 8th Cir.· 1991-11-26
  The court held that the district court abused its discretion in dismissing the pro se complaint as frivolous under 28 U.S.C. § 1915(d) because the patient's claims had an arguable basis in law and fact.
• Skelton v. Pri-Cor, Inc.
  963 F.2d 100· 6th Cir.· 1991-11-21 ·via 42 U.S.C. § 1983 Action
  A private corporation operating a detention facility under contract with a county acts under color of state law for § 1983 purposes, but denying an inmate a hardcover Bible is permissible if a softcover version is allowed and the restriction is reasonably related to legitimate pe
• Mushero v. Ives
  949 F.2d 513· 1st Cir.· 1991-11-19
  The court held that the Maine Department of Human Services (DHS) was authorized to intercept a federal tax refund to satisfy an AFDC debt, as the custodial parent's right to retroactive child support was assignable to the state.
• Nicoletti v. City OF Waco
  947 F.2d 190· 5th Cir.· 1991-11-18
  The court held it lacks jurisdiction to hear the interlocutory appeal of the denial of qualified immunity because the defendant, by seeking a new trial after the initial trial, waived his right to such an appeal.
• Freeman v. Dep't OF Corr.
  949 F.2d 360· 10th Cir.· 1991-11-18
  The court held that the district court erred in dismissing the complaint because the plaintiff alleged specific facts demonstrating the inadequacy of state post-deprivation remedies.
• Smith v. R.D. McCLEOD
  946 F.2d 417· 5th Cir.· 1991-11-04
  The court held that the inmate's § 1983 lawsuit was frivolous and imposed sanctions and restrictions on future filings.
• 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
• Rountree Riley Goodmon v. Rockefeller
  947 F.2d 1186· 4th Cir.· 1991-10-29
  The court held that state officials sued in their individual capacities are persons under § 1983 and can be sued for damages, unlike when sued in their official capacities.
• Silver v. The City Univ. OF NEW York
  947 F.2d 1021· 2d Cir.· 1991-10-23 ·via Discrimination Under 42 U.S.C. § 1983
  The court held that the plaintiff provided insufficient evidence of discriminatory intent or purpose to support his claims of race and sex discrimination under Title VII and Section 1983.
• Payne v. Monroe Cnty.
  779 F. Supp. 1330· S.D. Fla.· 1991-10-21
  The court affirmed the magistrate judge's report and recommendation, granting the defendants' motions to dismiss.
• Jackson v. Rapps
  947 F.2d 332· 8th Cir.· 1991-10-17
  The court held that Missouri's policy of seeking reimbursement for the full amount of AFDC benefits paid, in the absence of a court-ordered support obligation, violates federal regulations and is preempted by the Supremacy Clause. The court also held that the directors were not e
• Griffin v. Lombardi
  946 F.2d 604· 8th Cir.· 1991-10-15 ·via 42 U.S.C. § 1983 Action
  The court held that conflicting affidavits created a genuine issue of material fact regarding whether prison officials could have reasonably believed their conduct did not violate the inmate's constitutional rights, thus denying summary judgment on qualified immunity grounds.
• 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.
• Robbins v. Clarke
  946 F.2d 1331· 8th Cir.· 1991-10-08 ·via 42 U.S.C. § 1983 Action
  The court held that a prisoner's claims regarding exposure to infectious diseases were barred by collateral estoppel and res judicata due to prior litigation on identical issues. The conspiracy claim was dismissed as lacking an arguable legal basis.
• Mayfield v. Klevenhagen
  941 F.2d 346· 5th Cir.· 1991-09-12 ·via 42 U.S.C. § 1983 Action
  The court held that the dismissal of Mayfield's actions and the imposition of sanctions were proper because he attempted to circumvent prior court orders by filing frivolous suits in an improper venue.
• Mulrain v. Bd. OF Selectmen OF The Town OF Leicester
  944 F.2d 23· 1st Cir.· 1991-09-10
  The court held that the petitioner's current § 1983 claim was barred by res judicata because it arose from the same transaction and could have been litigated in prior state court proceedings.
• Burton Handelsman v. Town OF Palm Beach
  585 So. 2d 1047· Fla. 4th DCA· 1991-09-04 ·via Section 1983
  Handelsman, a property owner on Worth Avenue in Palm Beach, challenged the town's denial of a special exception to lease his building to a large apparel store that would exceed the zoning district's 2,000 square foot limitation. The Florida appellate court affirmed the trial cour
• Darin Gray Arnold v. Maynard
  942 F.2d 761· 10th Cir.· 1991-08-19
  Venue for a 42 U.S.C. § 1983 action is proper in any district where the claim arose or where any defendant resides, even if defendants reside in different districts within the same state, under 28 U.S.C. § 1392(a).
• Jacobs v. Dujmovic
  940 F.2d 1392· 10th Cir.· 1991-08-16
  The court held that the district court correctly decided the case, affirming its order denying partial summary judgment and granting summary judgment to defendants.
• Rayburn Burris v. City OF Little Rock
  941 F.2d 717· 8th Cir.· 1991-08-15 ·via 42 U.S.C. § 1983 Action
  The Tax Injunction Act bars federal jurisdiction over this case because Arkansas law provides a plain, speedy, and efficient remedy for challenging the sewer assessments in state court.
• O'Reilly v. Bd. OF Appeals FOR Montgomery Cnty.
  942 F.2d 281· 4th Cir.· 1991-08-13
  The court held that the Board's use of residency to determine familiarity for taxi licenses violated the Privileges and Immunities Clause, as it was not closely related to the substantial state interest of providing efficient taxi service and less restrictive alternatives existed
• Johnson v. A.L. Lockhart and Willis Sargent
  941 F.2d 705· 8th Cir.· 1991-08-12
  The court held that a prison official can be held directly liable under § 1983 for deliberate indifference to an inmate's serious medical needs, even if respondeat superior does not apply.
• Couch v. Wilkinson
  939 F.2d 673· 8th Cir.· 1991-08-01
  A probationary state employee, even a veteran, does not have a property interest in continued employment sufficient to support a due process claim under 42 U.S.C. § 1983, as the special statute governing probationary periods prevails over the general Veterans Preference Act.
• Lopez v. Dept. OF Health Servs.
  939 F.2d 881· 9th Cir.· 1991-07-30 ·via 42 U.S.C. § 1983 Action
  A sua sponte dismissal of an in forma pauperis complaint before service of process is construed as a dismissal for frivolity, and if the complaint alleges facts sufficient to support a claim under 42 U.S.C. § 1983, it should not be dismissed.
• Schleck v. Ramsey Cnty.
  939 F.2d 638· 8th Cir.· 1991-07-29 ·via 42 U.S.C. § 1983 Claim For Deprivation Of Liberty Without Due Process
  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.
• Thulen v. Bausman
  938 F.2d 84· 7th Cir.· 1991-07-26
• Reggie Smith v. Coughlin
  938 F.2d 19· 2d Cir.· 1991-06-28
  The court held that the defendants are entitled to qualified immunity because the right to call a neutral monitor as a witness was not clearly established at the time of the disciplinary hearing.
• Rios v. Navarro
  766 F. Supp. 1158· S.D. Fla.· 1991-06-24 ·via Violation Of 42 U.S.C. § 1983
  The court held that a plaintiff alleging injury to reputation without loss of employment or other tangible legal right does not state a claim under § 1983, and pendent state law claims should be dismissed.
• Saverio Senape, M.D. v. Constantino
  936 F.2d 687· 2d Cir.· 1991-06-18 ·via 42 U.S.C. § 1983 Claim For Deprivation Of Liberty Without Due Process
  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.
• Cutting v. Town OF Allenstown
  936 F.2d 18· 1st Cir.· 1991-06-18 ·via 42 U.S.C. § 1983 Action
  The court held that the district court did not abuse its discretion in refusing to set aside a default judgment, considering the defendants' significant negligence, the publicity of the case, and the prejudice to the plaintiffs' estate due to the plaintiff's death.