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

• LEE Cnty. v. Sylvan Zemel
  545 So. 2d 344· Fla. 2d DCA· 1989-05-19
  The court held that a special tax assessment was invalid because the property did not abut the improvements nor derive a special benefit, and reversed the award of attorney fees because the claim for fees under 42 U.S.C. § 1983 was not reached by the trial court.
• Gill v. Monroe Cnty. Dep't OF Soc. Servs.
  873 F.2d 647· 2d Cir.· 1989-05-04 ·via Violation Of 42 U.S.C. § 1983
  The court held that an appeal from the denial of a successive motion for a preliminary injunction is untimely if filed more than thirty days after the original denial, absent changed circumstances, and that an order denying partial summary judgment is not appealable as of right.
• Brown v. Byer
  870 F.2d 975· 5th Cir.· 1989-04-24 ·via 42 U.S.C. § 1983 Liability
  The court held that altering arrest warrants to arrest someone not named therein constitutes a Fourth Amendment violation, and that vicarious liability for sheriffs under Texas law requires ratification of deputies' acts, which was not shown. Qualified immunity does not protect o
• Laurel Thomas v. Shipka
  872 F.2d 772· 6th Cir.· 1989-04-19 ·via 42 U.S.C. § 1983 Action
  The court vacated its prior decision and remanded, recognizing that the applicable statute of limitations for § 1983 actions in Ohio should have been the two-year general personal injury statute, not the one-year statute previously applied.
• Cassidy v. Buddy Adams
  872 F.2d 729· 6th Cir.· 1989-04-11
  The court held that the extended statute of limitations applied retroactively, extinguishing any vested property right in the overpayments. The dissent argues this ignores the distinction between limitations affecting a right and those affecting a remedy.
• Rev. Lawrence Anderson v. Schultz
  871 F.2d 762· 8th Cir.· 1989-04-04 ·via 42 U.S.C. § 1983 Action
  The court held that the district court should have abstained from deciding the case under the Younger doctrine because a state criminal proceeding was pending against the appellants when the federal action was considered.
• Felton Joshua, Sr. v. Newell
  871 F.2d 884· 9th Cir.· 1989-04-03
  The court held that a § 1983 claim for deprivation of property without due process requires that the deprivation result from established state procedure, not an unauthorized failure to follow it, and that adequate post-deprivation remedies satisfy due process.
• Burt v. Ferrese
  871 F.2d 14· 3d Cir.· 1989-03-28
  The court held that a genuine issue of material fact existed regarding probable cause for the § 1983 claim, but affirmed summary judgment on state law claims and the § 1985 claim.
• Wright v. Sargent
  869 F.2d 1175· 8th Cir.· 1989-03-17
  The court held that the magistrate did not abuse discretion in dismissing the complaint with prejudice and assessing costs due to the plaintiff's failure to appear for trial and the incredible nature of his excuses.
• Stringfellow v. Major Robert Perry
  869 F.2d 1140· 8th Cir.· 1989-03-15 ·via 42 U.S.C. § 1983 Action
  The court held that the inmate's due process rights were not violated by his placement on investigative status, as prison policy was substantially followed and conditions did not rise to an Eighth Amendment violation.
• Storek & Storek, Inc. v. Port OF Oakland
  869 F.2d 1322· 9th Cir.· 1989-03-13 ·via Violation Of 42 U.S.C. § 1983
  An "approval in principle" for a development project does not constitute a constitutionally protected property interest, and conspiracy claims based on alleged contractual duties are tort claims subject to a statute of limitations.
• van Leeuwen v. United States
  868 F.2d 300· 8th Cir.· 1989-02-23
  The court held that the district court properly dismissed the plaintiffs' civil rights action based on judicial and prosecutorial immunity, lack of state action, lack of standing, and lack of diversity jurisdiction.
• Jett v. S.D. Human Servs. Ctr.
  867 F.2d 1145· 8th Cir.· 1989-02-15
• Tucker v. Callahan
  867 F.2d 909· 6th Cir.· 1989-02-09
  The court held that the district court erred in denying qualified immunity to Officer Springer because the plaintiff failed to allege facts showing a violation of clearly established constitutional rights, either by the officer's failure to intervene or by his order to move the i
• Hinojosa v. The City OF Terrell
  864 F.2d 401· 5th Cir.· 1989-02-02 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the prior panel's decision established the law of the case, and the defendant met their summary judgment burden by showing an absence of evidence to support the plaintiff's claims.
• Rudd v. W.H. Sargent
  866 F.2d 259· 8th Cir.· 1989-01-25 ·via 42 U.S.C. § 1983 Claim For Cruel And Unusual Punishment
  The court held that the disciplinary report's statements constituted 'some evidence' sufficient to support the finding of guilt for the Rule 5A violation, satisfying due process requirements.
• Carvel Bright v. McCLURE
  865 F.2d 623· 4th Cir.· 1989-01-17
  The court held that the clerk of court was protected by qualified immunity from individual liability and sovereign immunity from damages in his official capacity, and the claim for equitable relief was moot.
• Laurel Reese v. Kennedy
  865 F.2d 186· 8th Cir.· 1989-01-12
  The court held that the plaintiff's allegations did not state a claim for a substantive due process violation because the conduct did not shock the conscience, and South Dakota's post-deprivation remedies were adequate to satisfy procedural due process.
• Efren Paredes v. Ned Curtis
  864 F.2d 426· 6th Cir.· 1988-12-29
  A student suspended for ten days for possession of a drug look-alike substance is not denied procedural due process by not being allowed to cross-examine an anonymous student informant or by not being given the informant's written statement, as long as the student receives notice
• Florhline A. Painter v. Harvey
  863 F.2d 329· 4th Cir.· 1988-12-19
  A state law defamation counterclaim arising from the same transaction or occurrence as a federal civil rights claim is a compulsory counterclaim, subject to the federal court's ancillary jurisdiction.
• Mandrell v. Baer
  863 F.2d 27· 8th Cir.· 1988-12-14 ·via 42 U.S.C. § 1983 Action
  The court held that the Missouri statute does not violate equal protection because it is interpreted to suspend police officers charged with any felony, regardless of whether the charge is by indictment or information.
• Gladson v. Rice
  862 F.2d 711· 8th Cir.· 1988-12-12 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's temporary confinement apart from the general jail population did not violate due process or the Eighth Amendment, as the conditions were substantially equivalent to his prior confinement and not punitive.
• Galen Nelson v. Jefferson Cnty.
  863 F.2d 18· 6th Cir.· 1988-12-12
  Federal courts must give preclusive effect to state administrative findings if the agency acted in a judicial capacity and state law would give the findings preclusive effect.
• Boyd v. United States
  861 F.2d 106· 5th Cir.· 1988-11-30
  The court held that the FmHA's foreclosure procedures did not violate Boyd's Fifth Amendment due process rights, as he waived his opportunity for a hearing by failing to make a timely written request.
• Coleen R. Roberts v. Coll. OF THE Desert
  861 F.2d 1163· 9th Cir.· 1988-11-22
  The court held that Title VII does not preempt § 1983 claims for constitutional violations and that a protected property interest can arise from mutual understandings. The court also found the district court erred in reinstating the full damages award after a remittitur.
• Frank v. Terrell
  858 F.2d 1090· 5th Cir.· 1988-10-31
  The court held that a prison's refusal to provide religious materials free of charge does not violate an inmate's constitutional rights if the inmate is not denied the opportunity to practice their religion or obtain the materials themselves.
• Gerald M. and Maureen M. v. Conneely
  858 F.2d 378· 7th Cir.· 1988-10-03 ·via Violation Of 42 U.S.C. § 1983
  The court held that the officers had probable cause to detain the Macek boys, their brief separation from parents was constitutional, and Mrs. Macek voluntarily consented to the officer's entry into her home.
• Barksdale v. Emerick
  853 F.2d 1359· 6th Cir.· 1988-08-12
  The dissenting judge would affirm the district court's judgment regarding most appellees but vacate and remand for further proceedings concerning Drs. Myron and Karl Emerick, Mary Jones, and Shirley Bels.
• Allen v. Freeman
  694 F. Supp. 1554· S.D. Fla.· 1988-08-12
  The court held that attorneys' fees should be enhanced due to exceptional results, quality of representation, and risk undertaken by counsel, and awarded a specific lodestar amount plus enhancement.
• Crooks v. Honorable John H. Maynard
  851 F.2d 1562· 9th Cir.· 1988-07-26 ·via 42 U.S.C. § 1983 Action
  The court held that the case must be remanded to the district court for further factual development regarding the judge's actions and jurisdiction before determining immunity.
• Shelly v. Johnson
  849 F.2d 228· 6th Cir.· 1988-06-14 ·via 42 U.S.C. § 1983 Action
  The court held that Michigan prison hearing officers are entitled to absolute judicial immunity for their official acts, affirming the grant of summary judgment.
• Bridgeman v. Neb. State PEN
  849 F.2d 1076· 8th Cir.· 1988-06-14
  The court held that the plaintiff's alleged mental disorder did not toll the statute of limitations beyond the period of his confinement, as there was no evidence he was unable to understand his legal rights.
• Mont v. Heintz
  849 F.2d 704· 2d Cir.· 1988-06-01
  The court held that a district court's dismissal for lack of subject matter jurisdiction after considering the merits of a statutory claim is improper.
• Mann v. Adams
  846 F.2d 589· 9th Cir.· 1988-05-18 ·via 42 U.S.C. § 1983 Action
  The court held that a state's failure to certify grievance procedures does not create a cause of action, and prison officials may open incoming mail in the inmate's presence for security reasons.
• Samad v. Jenkins
  845 F.2d 660· 6th Cir.· 1988-05-06
  The court held that the plaintiff failed to establish a viable § 1983 claim for deprivation of Fourteenth Amendment rights, as he did not demonstrate a substantial, tangible harm or material change in employment status, nor did the defendant's letter constitute a chilling of Firs
• Brandt v. Bd. OF Coop. Educ. Servs.
  845 F.2d 416· 2d Cir.· 1988-04-28
  The court held that once stigmatizing allegations were removed from a personnel file, there was no longer a likelihood of future disclosure, thus vitiating the due process claim.
• Emil B. Milo, M.D. v. Cushing Mun. Hosp.
  861 F.2d 1194· 10th Cir.· 1988-04-22
  A hospital's suspension of a physician's medical staff privileges constitutes requisite state action to support a claim under 42 U.S.C. § 1983, even when day-to-day operations are managed by a private entity.
• Zenco Dev. Corp. v. City OF Overland
  843 F.2d 1117· 8th Cir.· 1988-04-05 ·via 42 U.S.C. § 1983 Action
  The court held that Zenco did not possess a protectable property interest in the renewal of its municipal liquor license under Missouri law.
• Todd v. Navarro
  698 F. Supp. 871· S.D. Fla.· 1988-03-31 ·via Violation Of 42 U.S.C. § 1983
  The court held that homosexuals are not a suspect class for equal protection purposes and that the plaintiff failed to state a claim for due process violations. Claims against certain defendants were dismissed for failure to state a cause of action.
• Dempsey v. Ladd
  840 F.2d 638· 9th Cir.· 1988-03-09 ·via Violation Of 42 U.S.C. § 1983
  The court held that the state agencies were not obligated by Section 504 of the Rehabilitation Act to provide service payments for a mentally handicapped individual placed in a private facility of his choice, as he was not an "otherwise qualified handicapped individual" under sta
• Witherspoon v. United States
  838 F.2d 803· 5th Cir.· 1988-03-04
  The court held that the plaintiffs were barred by collateral estoppel from relitigating issues already decided in a prior action against law enforcement officers, and that the temporary protective detention of minor children was a constitutional consequence of their mother's lawf
• Peoples Nat'l Util. Co. v. The City OF Houston
  837 F.2d 1366· 5th Cir.· 1988-02-25
  The court held that the Johnson Act deprives federal courts of jurisdiction over suits challenging state orders affecting public utility rates, even when brought under 42 U.S.C. § 1983.
• Blankenship v. Meachum
  840 F.2d 741· 10th Cir.· 1988-02-23
  The court held that the plaintiff failed to allege facts showing wantonness or obduracy by prison officials, thus not rising to an Eighth Amendment violation, and that the district court did not abuse its discretion in refusing to appoint counsel.
• Cimasi v. City OF Fenton
  838 F.2d 298· 8th Cir.· 1988-02-02
  The court held that a prior state court action seeking both declaratory and coercive relief precludes a subsequent federal civil rights claim for damages under the doctrine of res judicata.
• Foxfire Enters., Inc. v. Enter. Holding Corp.
  837 F.2d 597· 2d Cir.· 1988-01-27
  The court held that the New York statute allowing ex parte appointment of a receiver in mortgage foreclosure proceedings is not unconstitutional on its face, and the plaintiff received due process.
• McCULLOUGH v. Lynaugh
  835 F.2d 1126· 5th Cir.· 1988-01-20 ·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court did not abuse its discretion in dismissing the case without prejudice for failure to prosecute, as the plaintiff had not suffered prejudicial harm.
• Chapman v. State
  517 So. 2d 104· Fla. 3d DCA· 1987-12-29
  The court held that neither the Department of Health and Rehabilitative Services (HRS) nor the state attorney's office could be held liable under federal or state law for wrongful imprisonment stemming from a civil child support action, as sovereign immunity and quasi-judicial im
• City OF Riviera Beach v. Langevin
  522 So. 2d 857· Fla. 4th DCA· 1987-12-23 ·via 42 U.S.C. § 1983 Action
  A white police officer sued the City of Riviera Beach and its officials under 42 U.S.C. § 1983 after being terminated allegedly due to reverse racial discrimination. A jury awarded $500,000 in compensatory damages and $40,000 in punitive damages. The court affirmed, holding that
• Johnson v. Smith Cnty.
  834 F.2d 479· 5th Cir.· 1987-12-21
  The court held that the district court's finding of effective consent to search was not clearly erroneous, and that the plaintiffs failed to prove a county policy of warrantless searches.
• Santiago-Correa v. Hernandez-Colon
  835 F.2d 395· 1st Cir.· 1987-12-18
  The court held that while Press Office employees could be dismissed based on political affiliation due to the confidential nature of their roles, cleaning persons could not be dismissed on that basis as their access to sensitive information was incidental. The case for the cleani