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

• Abdul-Hakeem v. Koehler
  910 F.2d 66· 2d Cir.· 1990-08-01
  The court held that a prisoner's petition seeking a transfer of custody, even if framed as a challenge to conditions of confinement, must be treated as a petition for a writ of habeas corpus if the requested relief would require prison officials to cede custody.
• Hutcherson v. Smith
  908 F.2d 243· 7th Cir.· 1990-07-30
  The court held that an attorney's conflict of interest in a civil case, even if constituting legal malpractice under state law, does not rise to the level of a constitutional due process violation actionable under 42 U.S.C. § 1983.
• Iowa Socialist Party v. Nelson
  909 F.2d 1175· 8th Cir.· 1990-07-27 ·via Violation Of 42 U.S.C. § 1983
  The court held that Iowa's voter registration procedures, which do not allow minor parties polling less than two percent of the vote to be listed on registration forms, do not unnecessarily burden the opportunity for citizens and their parties to promote minority interests.
• Jenkins v. Weatherholtz
  909 F.2d 105· 4th Cir.· 1990-07-23 ·via 42 U.S.C. § 1983 Claim For Deprivation Of Due Process
  A Virginia deputy sheriff does not possess a constitutionally protectible property interest in continued employment, even if a personnel handbook purports to provide grievance procedures.
• Kriegbaum v. Steven E. Katz, M.D.
  909 F.2d 70· 2d Cir.· 1990-07-16
  New York's attempt to use a special proceeding to compel a conservator to pay institutional care costs from a ward's social security benefits violates the Supremacy Clause and the Social Security Act's anti-attachment provision, but mere billing without compulsion does not.
• Sallie Elizabeth Johnston-Taylor v. Gannon
  907 F.2d 1577· 6th Cir.· 1990-07-13 ·via Violation Of 42 U.S.C. § 1983
  The court held that professors with tenure or continuing contracts have a protected property interest in their employment and may not be discharged without due process, including a hearing on the grounds for dismissal.
• Christian v. Crawford
  907 F.2d 808· 8th Cir.· 1990-07-03 ·via 42 U.S.C. § 1983 Action
  An attorney appointed under the Criminal Justice Act is not a federal official for purposes of a Bivens action, and a pro se complaint alleging such should be dismissed if it fails to state a claim.
• Romesburg v. Trickey
  908 F.2d 258· 8th Cir.· 1990-07-03 ·via 42 U.S.C. § 1983 Action
  A district court has the discretion to dismiss a case with prejudice when a plaintiff intentionally misrepresents their financial status in an affidavit of poverty to proceed in forma pauperis.
• McDARBY v. Dinkins
  907 F.2d 1334· 2d Cir.· 1990-07-02 ·via 42 U.S.C. § 1983 Claim For Denial Of Due Process
  The court held that a public pension board's failure to follow its own procedural rules for determining the cause of disability, when the claimant received the minimum benefits to which they were entitled, does not constitute a violation of federal procedural due process actionab
• Network Commc'ns v. Mich. Bell Tel. Co.
  906 F.2d 237· 6th Cir.· 1990-06-26 ·via Violation Of 42 U.S.C. § 1983
  The court held that it lacked appellate jurisdiction because the district court's order granting summary judgment was not a final order due to a pending motion to amend the complaint.
• Daiva Richardson and Ronnie Richardson v. City OF S. Euclid
  904 F.2d 1050· 6th Cir.· 1990-06-11
  The majority erred by requiring proof of separate property or liberty interests beyond the deprivation caused by an unconstitutionally vague ordinance, which itself violates due process.
• NEW Madrid Cnty. Reorganized Sch. Dist. NO. 1 v. Cont'l Cas. Co.
  904 F.2d 1236· 8th Cir.· 1990-05-29
  The court held that the insurance policy's 'wrongful act' provision covered the school district's liability in a § 1983 suit, and that Missouri public policy does not prohibit such coverage. The court reversed the award of attorneys' fees to the school district.
• Davis v. Thornburgh
  903 F.2d 212· 3d Cir.· 1990-05-15 ·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the plaintiff lacked standing to challenge the Pennsylvania Adoption Act's procedures in federal court because the state court's final order terminating her parental rights was res judicata and could not be collaterally attacked. The court also found the claim
• Malady v. Crunk
  902 F.2d 10· 8th Cir.· 1990-04-27 ·via 42 U.S.C. § 1983 Claim For Damages
  A conviction for the offense for which a person was arrested serves as a complete defense to a § 1983 action alleging the arrest was made without probable cause.
• Gomez v. Grossheim
  901 F.2d 686· 8th Cir.· 1990-04-25
  The court held that the prisoner's transfers between facilities were administrative and not retaliatory, thus not violating his constitutional rights.
• W. Va. Univ. Hosps., Inc. v. Casey
  898 F.2d 357· 3d Cir.· 1990-03-12
  The court held that attorneys' fees are to be awarded based on the degree of success achieved, disallowing fees for distinct and unsuccessful claims while allowing them for related unsuccessful claims that contribute to the overall relief obtained.
• Locascio v. City of St. Petersburg
  731 F. Supp. 1522· M.D. Fla.· 1990-03-08 ·via Violation Of 42 U.S.C. § 1983
  The City of St. Petersburg received federal Community Development Block Grant (CDBG) and Section 108 Loan Guarantee funds beginning in 1979 for acquisition, relocation, and demolition activities in the Gas Plant redevelopment area. The city later constructed the Suncoast Dome Sta
• Johnson v. Verne ORR
  897 F.2d 128· 3d Cir.· 1990-03-01 ·via Violation Of 42 U.S.C. § 1983
  An order awarding attorneys' fees, entered after a final merits judgment that was certified under Rule 54(b) and affirmed on appeal, is itself a final judgment for appeal purposes, even if other claims remained pending.
• Butler v. Castro
  896 F.2d 698· 2d Cir.· 1990-02-20 ·via Violation Of 42 U.S.C. § 1983
  The court held that the City's failure to update its Administrative Code to reflect actual procedures for reclaiming seized property, and reliance on a voucher with notice printed on the reverse, deprived plaintiffs of due process when they did not receive the voucher.
• Wilson v. Franceschi
  735 F. Supp. 395· M.D. Fla.· 1990-02-05 ·via 42 U.S.C. § 1983 Claim For Denial Of Medical Care
  The court held that the defendants were entitled to qualified immunity regarding the delay in AZT treatment because the law was not clearly established at the time, and the medical community was divided on the appropriate treatment for early ARC.
• Sawma v. Perales
  895 F.2d 91· 2d Cir.· 1990-02-01
  The court held that a state agency is not constitutionally obligated to compel a claimant seeking public benefits to undergo a psychiatric examination when the claimant refuses.
• Quinn v. The State OF Mo.
  891 F.2d 190· 8th Cir.· 1990-01-08
• Cecos Int'l, Inc. v. Jorling
  895 F.2d 66· 2d Cir.· 1990-01-04
  The court held that the district court had jurisdiction and that New York's amended hazardous waste facility siting law did not violate the Equal Protection Clause. The court also found that Younger abstention was not warranted as there was no ongoing state proceeding when the fe
• Bell v. City of Miami
  733 F. Supp. 1475· S.D. Fla.· 1990-01-03 ·via 42 U.S.C. § 1983 Liability For Municipalities
  The court denied the City of Miami's motion to dismiss the amended complaint.
• Garcia v. City OF Abilene
  890 F.2d 773· 5th Cir.· 1989-12-21
  The City of Abilene's fine collection system, as applied to Mrs. Garcia, did not violate her constitutional rights because she was never incarcerated and the court offered alternatives to imprisonment.
• Shelton v. The Trs. OF Ind. Univ.
  891 F.2d 165· 7th Cir.· 1989-12-08
  A public university can deny rehire to an employee for insubordination, even if the dispute arose from an attempt to exercise free speech rights, as long as the denial is not retaliatory for the protected speech itself.
• Burrows v. Ohio High Sch. Athletic Ass'n
  891 F.2d 122· 6th Cir.· 1989-12-01 ·via Violation Of 42 U.S.C. § 1983
  The Sixth Circuit affirmed the district court's judgment, holding that the Ohio High School Athletic Association (OHSAA) did not act under color of state law for § 1983 claims, and its bylaw amendment did not violate First Amendment association rights, Fourteenth Amendment equal
• Adams v. city of McMinnville
  890 F.2d 836· 6th Cir.· 1989-11-29
  The court held that the 1985 FLSA Amendments did not exempt municipalities from minimum wage liability before April 15, 1986, but that reducing firefighters' hours to avoid overtime pay did not constitute unlawful discrimination.
• Shahid v. City OF Detroit
  889 F.2d 1543· 6th Cir.· 1989-11-22
  The court held that the exclusion of photographs of the deceased was prejudicial error, requiring reversal and remand.
• Clark v. Twp. OF Falls & James Kettler
  890 F.2d 625· 3d Cir.· 1989-11-22
  The court held that a plaintiff whose jury verdict was reversed on appeal may still be considered a prevailing party if a post-trial settlement achieved a significant benefit causally linked to the litigation.
• Lovell v. Heng
  890 F.2d 63· 8th Cir.· 1989-11-17
  The court held that claims for damages and injunctive relief by military personnel against superior officers are nonjusticiable, consistent with Supreme Court precedent.
• Davis v. Bryan
  889 F.2d 445· 2d Cir.· 1989-11-14 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff was properly sentenced under the statute in effect at the time of his crime and was not entitled to sentencing under a later statute, thus affirming the grant of summary judgment.
• Cochenour v. Cochenour
  888 F.2d 1244· 8th Cir.· 1989-11-03
  The court held that the plaintiff's injuries were not proximately caused by the state's execution procedures because he elected to sell his property after consulting an attorney.
• Propst v. Leapley
  886 F.2d 1068· 8th Cir.· 1989-10-10 ·via Violation Of 42 U.S.C. § 1983
  The court held that the district court's finding of no racial discrimination was clearly erroneous, reversing the judgment.
• Freeman v. The Elgin Sweeper Co.
  885 F.2d 825· 11th Cir.· 1989-10-10
  A traffic accident, even involving a government vehicle, does not rise to the level of a constitutional deprivation sufficient to support a claim under 42 U.S.C. § 1983.
• Clark v. Ariz. Interscholastic Ass'n
  886 F.2d 1191· 9th Cir.· 1989-10-05
  The court held that the Arizona Interscholastic Association's rule restricting interscholastic volleyball competition to single-sex teams is constitutional because it is substantially related to redressing past discrimination and promoting equal athletic opportunities for women.
• Judson Warren White v. C.M. White
  886 F.2d 721· 4th Cir.· 1989-10-03 ·via 42 U.S.C. § 1983 Action
  The district court did not abuse its discretion in dismissing the pro se complaint as frivolous because it lacked factual allegations to support the claim of denial of meaningful access to the courts.
• Haywood Emmanuel Penny v. Shansky
  884 F.2d 329· 7th Cir.· 1989-09-13 ·via 42 U.S.C. § 1983 Claim For Cruel And Unusual Punishment
  The court held that the magistrate erred in dismissing the prisoner's suit for failure to appear at a hearing without prior warning or request from the defendant.
• Hezile Shabazz Earl v. Norris
  884 F.2d 362· 8th Cir.· 1989-08-31
  The court held that negligence by prison officials in failing to release an inmate from punitive isolation after his sentence was reversed does not implicate the Due Process Clause.
• Ballard v. Carlson
  882 F.2d 93· 4th Cir.· 1989-08-10
  The court held that the district court did not abuse its discretion in dismissing the suit for failure to obey a court order, nor in dismissing the claim against Finley.
• Eutzy v. Tesar
  880 F.2d 1010· 8th Cir.· 1989-08-03
  The court held that the right to expunge state records is not a federal constitutional right and habeas corpus is the exclusive federal remedy for attacking state court convictions.
• Dartland v. Metro. Dade Cnty.
  287 F. App'x 924· S.D. Fla.· 1989-07-31 ·via Section 1983
• Bell v. Cooper
  881 F.2d 257· 6th Cir.· 1989-07-27 ·via 42 U.S.C. § 1983 Action
  The court held that the Kentucky tolling statute applies to § 1983 actions filed before incarceration, even if filed while in prison.
• Lynch v. Officer Lee Anderson and Officer Duane Albro
  880 F.2d 1003· 8th Cir.· 1989-07-27
  The court held that the district court did not err in denying the officers' motion for summary judgment because genuine issues of material fact existed regarding the legality of Lynch's arrest and detention.
• Savannah Patterson v. The City OF Joplin
  878 F.2d 262· 8th Cir.· 1989-07-07
  A Fourth Amendment seizure does not occur when police pursuit leads a suspect to lose control and crash, absent intentional application of force to terminate movement.
• Dennis Clay (Petie) Settlemire v. Watson
  877 F.2d 13· 8th Cir.· 1989-06-09
  The court held that the dismissal of the complaint was proper because the plaintiff failed to state a claim of constitutional magnitude and did not comply with the court's order to amend the complaint.
• Darrin Money v. Dick Moore
  877 F.2d 9· 8th Cir.· 1989-06-07 ·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court erred in dismissing the pro se prisoner's complaint without considering the distinct standards for dismissal under Fed.R.Civ.P. 12(b)(6) and 28 U.S.C. § 1915(d), especially in light of Neitzke v. Williams.
• Jorden, Jr. v. Nat'l Guard Bureau
  877 F.2d 245· 3d Cir.· 1989-06-06
  The court held that the district court erred in granting summary judgment by improperly reviewing the Air Force Board for the Correction of Military Records' decision as if it were a judicial ruling, and that the Board's proceedings lacked the necessary attributes for preclusive
• Moiser v. Coreen M. Blum
  875 F.2d 202· 8th Cir.· 1989-05-24
  A government official is entitled to qualified immunity when acting on a facially valid order, even if the order contains an error, as long as the official's actions were objectively reasonable in light of clearly established law.
• O'Rourke v. The City OF Norman
  875 F.2d 1465· 10th Cir.· 1989-05-23
  The court held that the nighttime execution of a daytime bench warrant for contempt, which is classified as sui generis under Oklahoma law, violates the Fourth Amendment's prohibition against unreasonable searches and seizures. The court also reversed the awards of attorney's fee