42 U.S.C. § 1983 Claim

3,807 Florida cases classified under this topic, plus 3,040 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• 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.
• Offet v. Solem
  936 F.2d 363· 8th Cir.· 1991-06-12 ·via 42 U.S.C. § 1983 Action
  The court held that prison officials are entitled to qualified immunity because the unlawfulness of applying the 1981 South Dakota law to prisoners sentenced before its enactment was not apparent at the time they acted, given the differing interpretations of relevant precedent.
• Letitia Pauline White v. Kelsey
  935 F.2d 968· 8th Cir.· 1991-06-11 ·via 42 U.S.C. § 1983 Claim For Deliberate Indifference To Serious Medical Needs
  The court held that res judicata did not bar the claim against Dr. Kelsey because he was not in privity with Dr. Bowers, but remanded the attorney's fees award for reconsideration due to unclear documentation.
• Rhodes v. McDANNEL
  945 F.2d 117· 6th Cir.· 1991-06-10 ·via 42 U.S.C. § 1983 Claim For Violation Of Fourth Amendment Rights
  The court affirmed the grant of summary judgment, holding that the deputies' use of deadly force was objectively reasonable and that the plaintiff's discovery requests were insufficient.
• Zamsky v. Stafford Hansell
  933 F.2d 677· 9th Cir.· 1991-05-17
  State officials acting in a legislative capacity, such as reviewing and approving or denying land use plans for compliance with statewide goals, are absolutely immune from damages liability.
• Abad Perez v. Cucci
  932 F.2d 1058· 3d Cir.· 1991-05-17
  The court held that the district court abused its discretion by denying the City's motion to correct an order implementing an amended judgment, as the order improperly included backpay for a period after the plaintiff's retirement, which was not supported by the record or the ori
• Jeffers v. Heavrin
  932 F.2d 1160· 6th Cir.· 1991-05-13 ·via 42 U.S.C. § 1983 Action
  The court held that the warrantless search of a patron's allergy pill bottle at the Kentucky Derby was illegal because it exceeded the scope of the search policy and was not justified by implied consent.
• Genusa v. D.J. Mumphrey, Jr.
  931 F.2d 11· 5th Cir.· 1991-05-13 ·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that there is no constitutional right requiring a government employer to pay wages for days an employee misses work to respond to a federal court subpoena, and thus no basis for a § 1983 claim or § 1988 attorney fees.
• Michaud v. Michaud
  932 F.2d 77· 1st Cir.· 1991-05-06
  The court held that the district court erred in confirming a settlement without giving the plaintiff a reasonable opportunity to be heard on the issue of whether he had authorized the settlement.
• Christy v. Randlett
  932 F.2d 502· 6th Cir.· 1991-05-03 ·via 42 U.S.C. § 1983 Action
  The court held that the denial of a building permit was based on the enforcement of a constitutionally valid zoning ordinance, not a violation of the plaintiff's First Amendment rights.
• Vanguard Ins. Co. v. ST. Johns Cnty.
  578 So. 2d 1132· Fla. 5th DCA· 1991-04-04 ·via 42 U.S.C. § 1983 Civil Rights Claim
  Vanguard Insurance Company appeals a summary judgment awarding St. Johns County reimbursement for amounts paid to settle a Section 1983 civil rights lawsuit against its sheriff. The court holds that the county may pursue equitable subrogation against the insurer for the damage aw
• In re Padraic Cook
  928 F.2d 262· 8th Cir.· 1991-03-12
  The court held that the dismissal of the pro se plaintiff's claims against the Sheriff and City was proper, but the dismissal of the claim against Nurse Montgomery was improper.
• Arnold v. Lantz McCLAIN
  926 F.2d 963· 10th Cir.· 1991-02-21 ·via 42 U.S.C. § 1983 Liability
  A district attorney is entitled to absolute prosecutorial immunity for actions taken to secure a resignation in exchange for dropping criminal charges, and a plaintiff cannot establish a liberty interest claim based on stigmatizing statements if the information was already public
• Elliott C. Cunningham v. Southlake Ctr. FOR Mental Health, Inc.
  924 F.2d 106· 7th Cir.· 1991-01-25
  A private employer is not liable under 42 U.S.C. § 1983 for terminating an employee based on speech, even if the employee reported misconduct, unless there is sufficient state involvement or joint action with a shared unconstitutional purpose.
• Gonzalez v. Martinez
  756 F. Supp. 1533· S.D. Fla.· 1991-01-18
  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.
• Dobson v. Magnusson
  923 F.2d 229· 1st Cir.· 1991-01-17
  The court held that the plaintiff failed to show deliberate indifference by the prison officers, thus affirming the grant of summary judgment.
• Anton Jungherr v. SAN Francisco U.S.D. Bd. OF Educ.
  923 F.2d 743· 9th Cir.· 1991-01-17
  Filing a defamation action by a government entity does not violate a defendant's First Amendment rights under 42 U.S.C. § 1983, as the existing constitutional limitations on defamation law provide sufficient protection.
• Marsh v. Skinner
  922 F.2d 112· 2d Cir.· 1990-12-26
  The court held that a plaintiff seeking benefits under the Urban Mass Transportation Act's Half-Fare Program must meet the Act's specific definition of 'handicapped person,' not a broader definition from another statute, and that the program's funding source dictates applicable p
• Leopold Lee Pedraza v. Dalton G. Meyer
  919 F.2d 317· 5th Cir.· 1990-12-17 ·via § 1983 Suit
  The court affirmed dismissal of most claims but vacated and remanded the Eighth Amendment inadequate medical attention claim for a hearing and trial.
• Bone v. City OF Lafayette
  919 F.2d 64· 7th Cir.· 1990-11-28 ·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  The court held that the statement that the plaintiff lied was substantially true because a prior state court judgment established that her application for a building permit contained a false certification regarding compliance with local ordinances. Therefore, the defamation claim
• Fallon v. A.L. Lockhart
  919 F.2d 1304· 8th Cir.· 1990-11-26 ·via 42 U.S.C. § 1983 Action
• Howard v. The City OF Garland
  917 F.2d 898· 5th Cir.· 1990-11-23
  The court held that the zoning ordinance requiring a special use permit for commercial home day care serving more than four nonresident children is rationally related to legitimate governmental interests and does not violate the Fourteenth Amendment.
• Howze v. City OF Austin
  917 F.2d 208· 5th Cir.· 1990-11-19
  The court held that the plaintiff presented insufficient evidence to support a jury finding that he ever requested a hearing.
• Florentino Leal v. J.A. Szoeke
  917 F.2d 206· 5th Cir.· 1990-11-19 ·via 42 U.S.C. § 1983 Action
  A claimant must exhaust administrative remedies with the Railroad Retirement Board before appealing an adverse determination of benefits, and such appeals must be filed in the court of appeals, not the district court.
• Lenora B. Fulani v. Hogsett
  917 F.2d 1028· 7th Cir.· 1990-11-08 ·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiffs' claim was barred by laches due to their unreasonable delay in filing suit after the election irregularities were public knowledge and absentee voting had commenced.
• Kasib Tauheed Bilal v. Davis
  918 F.2d 723· 8th Cir.· 1990-11-02 ·via 42 U.S.C. § 1983 Action
• Toussaint v. McCARTHY
  918 F.2d 752· 9th Cir.· 1990-10-30
  The court held that the district court erred in continuing the monitor's appointment, prohibiting polygraph examinations, and mandating 90-day review periods for segregation decisions, but affirmed the requirement for the Criminal Activities Coordinator to hear prisoner views.
• Alyson A. Habetz v. La. High Sch. Athletic Ass'n
  915 F.2d 164· 5th Cir.· 1990-10-25
  The court held that the district court had jurisdiction to determine its own jurisdiction, and therefore, the case should be remanded to determine if plaintiffs are entitled to attorney's fees under 42 U.S.C. § 1988.
• MRS. C. on her own behalf and as mother and guardian v. Wheaton
  916 F.2d 69· 2d Cir.· 1990-10-16
  The state must comply with EHA procedural safeguards before terminating the educational placement of a handicapped student aged 18-21 based on the student's consent; otherwise, the consent is ineffective.
• Fraternal Order OF Police v. Mayor & City Council OF Ocean City
  916 F.2d 919· 4th Cir.· 1990-10-15 ·via 42 U.S.C. § 1983 Action
  A city charter provision prohibiting officials from recognizing collective bargaining organizations does not violate the First or Fourteenth Amendments, either facially or as applied, because the First Amendment does not guarantee a right to collective bargaining or compel govern
• Currier v. Sergeant Charles J. Baldridge
  914 F.2d 993· 7th Cir.· 1990-10-01 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiffs failed to demonstrate a violation of their First or Fourth Amendment rights, as the arrests were supported by probable cause and did not impermissibly burden any protected right.
• Cassidy v. State OF Haw.
  915 F.2d 528· 9th Cir.· 1990-10-01 ·via Section 1983
  The court held that a mooring permit holder's unilateral expectation of renewal based on past practice, without express state assurance, does not create a property interest protected by due process when the permit automatically expires due to prolonged absence.
• Laidley v. Lantz McCLAIN
  914 F.2d 1386· 10th Cir.· 1990-09-13 ·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  The court held that the notice of appeal was insufficient to confer jurisdiction for most plaintiffs, but a genuine issue of material fact existed regarding whether one plaintiff was terminated due to political activity, precluding summary judgment for that plaintiff against the
• Mylett v. L.M. Jeane
  910 F.2d 296· 5th Cir.· 1990-09-06
  The court held that the magistrate misapplied the standard for awarding attorney's fees to prevailing defendants under 42 U.S.C. § 1988 and erred in denying reconsideration of Rule 11 sanctions against an attorney.
• Nance v. Kelly
  912 F.2d 605· 2d Cir.· 1990-08-28
  The court should affirm the dismissal of the prisoner's complaint because his claim of deliberate indifference to a serious medical need fails, and the named defendant lacked personal involvement.
• Howlett v. Rose
  571 So. 2d 29· Fla. 2d DCA· 1990-08-24 ·via 42 U.S.C. § 1983 Action
  On remand from the U.S. Supreme Court, the Florida District Court of Appeal reversed its prior dismissal of a Section 1983 civil rights action brought by a minor student against a school superintendent and school board. The court held that the trial court improperly dismissed the
• 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.