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

• Damyn v. Brierton
  833 F.2d 1454· 11th Cir.· 1987-12-14 ·via 42 U.S.C. § 1983 Action
  The court affirmed the jury verdict, finding the case was fairly tried and the evidence did not mandate a judgment for the plaintiff.
• Mitson v. Coler
  674 F. Supp. 851· S.D. Fla.· 1987-12-01
  The court held that unreimbursed medical expense portions of Veterans Administration Improved Pensions (VAIP) should not be counted as income for determining Medicaid Institutional Care Payments (ICP) eligibility.
• Am. Fed'n OF R.R. Police v. Nat'l R.R. Passenger Corp. (AMTRAK)
  832 F.2d 14· 2d Cir.· 1987-10-28
  The appellate court reversed a judgment notwithstanding the verdict, finding that the jury's determination of proximate cause was supported by evidence that the defendant's illegal sale of alcohol to a minor driver proximately caused the plaintiff's injuries.
• Angell v. Leslie
  832 F.2d 817· 4th Cir.· 1987-10-27 ·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in finding a First Amendment violation and awarding damages, as the plaintiff's suspension was not based on symbolic speech related to pre-signed warrants, and punitive damages are not recoverable against a municipality.
• Haskell Levi Chapoose Ad Litem v. Hodel
  831 F.2d 931· 10th Cir.· 1987-10-22
  The court held that the children's civil rights claims were properly dismissed, but remanded the case for a factual inquiry into their entitlement to attorney fees under the Equal Access to Justice Act.
• Davidson v. City OF Clinton
  826 F.2d 1430· 5th Cir.· 1987-09-15
  The court held that a municipal ordinance prohibiting beer sales within 500 feet of a school is a valid exercise of police power, even when applied to a business in a newly annexed area, and a business owner does not have a vested right in a non-conforming use for liquor sales.
• Tyler v. HOT Springs Sch. Dist. NO. 6
  827 F.2d 1227· 8th Cir.· 1987-09-04
  The court held that the jury instructions regarding causation in a constitutional race discrimination claim were proper, and that the exclusion of evidence was harmless error. The court also found the evidence sufficient to support the jury's verdict.
• O'Donnell v. Sheriff Pat Thomas
  826 F.2d 788· 8th Cir.· 1987-08-24
  The court held that the district court did not err in dismissing the plaintiff's § 1983 action, affirming the dismissal of claims regarding jail conditions, mail, restraints, and medical care.
• Duncan v. City of Golden Beach
  662 F. Supp. 974· S.D. Fla.· 1987-07-06 ·via Violation Of 42 U.S.C. § 1983
  The court held that the § 1983 claims were not separate and independent from the state law claims, thus not removable under 28 U.S.C. § 1441(c).
• Quam v. Minnehaha Cnty. Jail
  821 F.2d 522· 8th Cir.· 1987-06-30 ·via 42 U.S.C. § 1983 Action
  The court held that a prisoner's pro se status does not exempt them from summary judgment rules, and the denial of jail privileges did not violate due process without a state-created liberty interest.
• Owens v. United States
  822 F.2d 408· 3d Cir.· 1987-06-30
  Title VII is the exclusive federal remedy for federal employees, precluding constitutional and § 1983 claims. Absolute immunity does not shield a physician from state claims for sexual harassment outside his official duties.
• Crooks v. Honorable John H. Maynard
  820 F.2d 329· 9th Cir.· 1987-06-24 ·via 42 U.S.C. § 1983 Action
  A judge is absolutely immune from liability for issuing a contempt order to enforce an administrative order concerning court personnel, as this is a judicial act not performed in the clear absence of jurisdiction.
• LaBOY v. Coughlin
  822 F.2d 3· 2d Cir.· 1987-06-23
  The court held that a prisoner's claim that disciplinary regulations were not filed with the Secretary of State does not state a violation of federal due process rights under 42 U.S.C. § 1983.
• Lendo v. Garrett Cnty. Bd. OF Educ. & Jerome J. Ryscavage & Luther D. Parrack, Jr.
  820 F.2d 1365· 4th Cir.· 1987-06-19 ·via 42 U.S.C. § 1983 Action
  The court held that while the claim based on the January 1981 evaluations is time-barred, the claim based on the April 1981 denial of tenure is not, as it constitutes a separate retaliatory act.
• Bernardo Pena v. Choo
  826 F.2d 168· 2d Cir.· 1987-06-12
  The court held that the district court did not abuse its discretion in denying further attempts to secure appointed counsel for the plaintiff.
• LEE v. Town OF Estes Park
  820 F.2d 1112· 10th Cir.· 1987-06-05 ·via 42 U.S.C. § 1983 Liability
  The court held that a private individual reporting suspected criminal activity to police, who then exercise their own judgment, does not constitute acting under color of state law for § 1983 liability. The court also affirmed summary judgment for other defendants based on lack of
• Fla. State Lodge v. City OF Hialeah
  815 F.2d 631· 11th Cir.· 1987-04-24
  The court held that the statutory impasse resolution procedure is constitutional and that the city's reduction of sick leave and vacation benefits did not violate due process or the contract clause.
• Hancich v. Gopoian
  815 F.2d 883· 2d Cir.· 1987-04-08
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because the Connecticut summary eviction statute is not facially infirm, and any alleged deprivation of property is premature.
• Lewis v. Meyer
  815 F.2d 43· 7th Cir.· 1987-03-26
  The district court erred by failing to evaluate Wisconsin's prisoner grievance procedures against the Attorney General's regulations when determining exhaustion requirements under 42 U.S.C. § 1997e(a)(2).
• Paoli v. Lally
  812 F.2d 1489· 4th Cir.· 1987-03-09 ·via 42 U.S.C. § 1983 Action
  The court held that a prisoner's transfer between facilities does not implicate a liberty interest protected by the Due Process Clause absent a state statute or regulation creating such an interest, and that the plaintiff's unique circumstances justified disparate treatment under
• Noel v. Andrus
  810 F.2d 1388· 5th Cir.· 1987-03-03
  The court held that a probationary teacher dismissed for dishonesty is not entitled to a pre-termination hearing under Louisiana law or the Fourteenth Amendment, and that informal understandings do not create a property interest contrary to statute.
• The Fed. Land Bank OF Omaha v. Gibbs
  809 F.2d 493· 8th Cir.· 1987-01-14
  The court held that the district court correctly dismissed the RICO, section 1983, and antitrust claims as vague and conclusory, and properly remanded the remaining claims to state court.
• Spencer v. S. Fla. Water Mgmt. Dist.
  657 F. Supp. 66· S.D. Fla.· 1986-12-31
  Removal of a civil rights claim under 42 U.S.C. § 1983 to federal court is proper if the district court has original jurisdiction, even if state courts also have concurrent jurisdiction.
• Rolf Lunde v. Oldi
  808 F.2d 219· 2d Cir.· 1986-12-26
  The court held that merely negligent conduct by state officials does not implicate the Due Process Clause and is insufficient to state a claim under 42 U.S.C. § 1983.
• Dalton Ray Goolsby v. The City OF Montgomery
  805 F.2d 1008· 11th Cir.· 1986-12-10 ·via Violation Of 42 U.S.C. § 1983
  The court held that a post-deprivation hearing can cure procedural irregularities when state law provides adequate post-deprivation remedies, and that the plaintiff received such an adequate hearing.
• Rose v. Heintz
  806 F.2d 389· 2d Cir.· 1986-12-02
  The court held that the state agency's actions in terminating Medicaid benefits based on an improper interpretation of federal law were taken under color of state law, making the state liable for attorneys' fees under 42 U.S.C. § 1988.
• Balli v. Haynes
  804 F.2d 306· 5th Cir.· 1986-11-14
  The court held that the Texas Commission on Jail Standards or its director cannot be held liable in damages for alleged constitutional violations based solely on their failure to fulfill duties imposed by state law.
• Smith v. Harvey
  648 F. Supp. 1103· M.D. Fla.· 1986-10-03 ·via Violation Of 42 U.S.C. § 1983
  A public employer may voluntarily adopt an affirmative action plan if it is narrowly tailored to remedy past discrimination, does not unnecessarily trammel the interests of non-minorities, and is temporary.
• Adams v. Attorney Registration & Disciplinary Comm'n OF the Supreme Court OF Ill.
  801 F.2d 968· 7th Cir.· 1986-09-18 ·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that a preliminary injunction was properly granted because the Illinois rule prohibiting targeted direct mail advertising by attorneys likely violates the First Amendment, and the district court's findings were entitled to deference.
• Gibson v. Merced Cnty. Dep't OF Human Res.
  799 F.2d 582· 9th Cir.· 1986-09-12
  The court held that foster parents do not possess a constitutionally protected liberty interest in the continued placement of a foster child, and the procedures afforded were adequate to satisfy due process. The court also held that the foster child did not have a constitutionall
• Aracelis Crisoptimo v. Nettleship
  800 F.2d 11· 1st Cir.· 1986-09-09
  The court held that summary judgment for the defendants was premature because genuine issues of material fact existed regarding their responsibility for and control over the prison conditions that led to the decedent's death.
• COX v. Norton
  797 F.2d 329· 6th Cir.· 1986-07-31 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's claim was barred by res judicata because the issue of due process regarding the special assessment had been fully litigated in prior state and federal court actions.
• Sims Varner & Assocs., Inc. v. Blanchard
  794 F.2d 1123· 6th Cir.· 1986-07-08 ·via Violation Of 42 U.S.C. § 1983
  The court held that it had interlocutory jurisdiction over certain portions of the district court's orders denying injunctive relief, but affirmed those denials due to the contractor's substantial completion of the work and the plaintiff's delay in seeking equitable relief.
• Dunster v. Metro. Dade Cnty.
  791 F.2d 1516· 11th Cir.· 1986-06-24 ·via 42 U.S.C. § 1983 Action
  A jury verdict based on a negligence theory cannot sustain a Fourteenth Amendment due process claim, and Fourth Amendment claims were abandoned.
• Anela v. City OF Wildwood
  793 F.2d 514· 3d Cir.· 1986-06-19
• Justice v. Dennis
  793 F.2d 571· 4th Cir.· 1986-06-16
  The dissenting judge believes the majority erred by finding reversible error in a jury instruction that faithfully followed binding circuit precedent.
• William "Billy" Jarrell, Jr. v. Chem. Dependency Unit OF Acadiana
  791 F.2d 373· 5th Cir.· 1986-06-09
  The court held that the actions of a private institution, even if heavily regulated and involving state-initiated commitment, do not constitute state action for constitutional purposes unless there is a nexus between state authority and the specific conduct complained of.
• S-1 v. Turlington
  646 F. Supp. 1179· S.D. Fla.· 1986-05-23
  The court held that while Smith v. Robinson generally precludes claims under § 504 and Title VI when the EAHCA provides relief, claims based on misclassification theory where § 504 offers greater substantive rights are not barred. The Eleventh Amendment precludes monetary relief
• Deibler v. The City OF Rehoboth Beach
  790 F.2d 328· 3d Cir.· 1986-05-05 ·via Violation Of 42 U.S.C. § 1983
  The dissenting judge would affirm the district court's decision, finding a rational basis for the city's requirement that candidates be current in their property taxes.
• Dyke v. Meachum
  785 F.2d 267· 10th Cir.· 1986-02-27
  The Ex Post Facto Clause does not bar a prison from changing internal classification regulations absent punitive intent.
• D'Amario v. The Providence Civic Ctr. Auth.
  783 F.2d 1· 1st Cir.· 1986-01-24
  The court held that the enforcement of a 'no-camera' rule by state actors at a publicly owned facility constitutes 'state action' under 42 U.S.C. § 1983, even if the rule originated from private contractual agreements.
• Cheek v. Gooch
  779 F.2d 1507· 11th Cir.· 1986-01-13
  A county commissioner's refusal to grant a beer and wine license, based on a policy of not issuing any such licenses, does not violate due process rights because state law vests such discretion and does not create a protected property interest in obtaining a license.
• Fleming v. Moore
  780 F.2d 438· 4th Cir.· 1985-12-26 ·via 42 U.S.C. § 1983 Action
  A federal court cannot relitigate libel issues already decided by state courts, and a Section 1983 action is not a proper avenue to challenge state court judgments when the proper remedy is appeal to the U.S. Supreme Court.
• Feist v. Jefferson Cnty. Comm'rs Court
  778 F.2d 250· 5th Cir.· 1985-12-13
  The court held that the district court properly dismissed the pretrial detainee's action, denied his motions for default judgment, summary judgment, and discovery, and did not err in refusing to appoint counsel.
• DE Franks v. Mayor & City Council OF Ocean City & Council of Unit Owners of Pyramid Condos. & Braemer Towers' Condos. Ass'n, Inc.
  777 F.2d 185· 4th Cir.· 1985-11-21
  The court held that Ocean City's revised towing ordinance, which provides for a prompt post-impoundment hearing, satisfies due process requirements even when towing is initiated by private lot owners.
• Interstate Underwriting Agencies, Inc. v. Gunter
  624 F. Supp. 774· S.D. Fla.· 1985-11-18
  Defendants are entitled to attorneys' fees under 42 U.S.C. § 1988 because the plaintiffs' claims were frivolous, even though the case was voluntarily dismissed.
• City OF Edgewater v. Montesano
  477 So. 2d 54· Fla. 5th DCA· 1985-10-24
  Property owners sued the City of Edgewater and its police chief for negligence and constitutional violations under 42 U.S.C. § 1983 after allegedly wrongful police and building inspector conduct. The trial court's jury instructions improperly allowed liability against the city ba
• Clayton v. Thurman
  775 F.2d 1096· 10th Cir.· 1985-09-30 ·via 42 U.S.C. § 1983 Action
  The court affirmed the award of attorneys' fees and costs to the prevailing plaintiffs in a § 1983 action, finding no abuse of discretion in the trial court's determination of prevailing party status, reasonable hours, rates, and enhancement for exceptional success. The court dis
• Tierney v. Black
  774 F.2d 863· 8th Cir.· 1985-09-27 ·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in granting summary judgment on the appellant's due process claim regarding the discontinuation of a commutation program, as the due process aspect was not fully developed.
• Berniece A. Shank v. Al Naes
  773 F.2d 1121· 10th Cir.· 1985-09-20 ·via 42 U.S.C. § 1983 Action
  The court held that the trial court did not err in submitting the issue of liability and qualified immunity to the jury, nor in denying motions for a new trial based on alleged judicial and counsel misconduct.