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

• Ephraim A. Adamowicz v. Town OF Ipswich
  772 F.2d 5· 1st Cir.· 1985-09-12
  The court held that the 'recording' in G.L. c. 40A, § 6 refers to the most recent instrument of record prior to a zoning change, not necessarily a plan, and that separate ownership at that time is determinative for lot exemptions.
• Thurman Lewis v. Robert Cooper & Richard Mulherin
  771 F.2d 334· 7th Cir.· 1985-09-03 ·via 42 U.S.C. § 1983 Claim For Cruel And Unusual Punishment
  The court held that the evidence was sufficient to support the jury's verdict that the prison guards were deliberately indifferent to the inmate's serious medical needs, and that any defects in the jury charge were waived.
• CHU v. Griffith
  771 F.2d 79· 4th Cir.· 1985-08-30 ·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the imposition of a $1,000 attorney sanction was warranted and affirmed the district court's decision, while also awarding costs and attorney's fees for the appeal.
• Nakao v. Rushen
  766 F.2d 410· 9th Cir.· 1985-07-18 ·via 42 U.S.C. § 1983 Action
  The court held that a prisoner has no reasonable expectation of privacy in his cell, thus the Fourth Amendment does not apply to cell searches.
• Pietroniro v. Borough OF Oceanport
  764 F.2d 976· 3d Cir.· 1985-06-18 ·via 42 U.S.C. § 1983 Action
  The court held that the evidence was insufficient as a matter of law to support the jury's verdict that the plaintiff was denied relocation assistance as required by federal law.
• Pleasant View Elementary Sch. PTA & Myra Freer & Wilbur H. Friedman v. Grp. 1
  763 F.2d 652· 4th Cir.· 1985-06-06 ·via Violation Of 42 U.S.C. § 1983
  The court held that the defendants provided the minimal elements of due process and that the school board's decision had a rational basis, thus affirming the dismissal of the plaintiffs' claims.
• Redden Scoggins v. Honorable Willard H. Douglas, Jr.
  760 F.2d 535· 4th Cir.· 1985-04-29
  The court held that a voluntary dismissal under FRCP 41(a)(1) is equivalent to a Virginia nonsuit, requiring recommencement within six months to benefit from tolling provisions, and thus the plaintiff's claim was time-barred.
• Cole v. Benson
  760 F.2d 226· 8th Cir.· 1985-04-26
  The court affirmed the denial of temporary and preliminary injunctive relief, finding no abuse of discretion by the district court in deferring to prison officials' decisions on inmate placement.
• Garcia v. The Colo. State Bd. OF LAW Exam'rs
  760 F.2d 239· 10th Cir.· 1985-04-25
  The court affirmed the trial court's summary judgment, finding no error in the application of immunity or in the dismissal of antitrust and discrimination claims.
• Glick v. A.L. Lockhart
  759 F.2d 675· 8th Cir.· 1985-04-17
  The court held that the inmate's complaint failed to state a claim under 42 U.S.C. § 1983 because compelling prison inmates to work does not contravene the Thirteenth Amendment and no facts showed cruel and unusual punishment or lack of due process.
• McIntosh v. City of Live Oak
  609 F. Supp. 590· M.D. Fla.· 1985-04-02
  The court held that the plaintiff's section 1983 claims are foreclosed because Florida law provides an adequate post-deprivation remedy, and the alleged deprivation resulted from random and unauthorized acts, not an established state procedure.
• Hurd v. Officer Romeo. Appeal of Charles David Hurd
  752 F.2d 68· 3d Cir.· 1985-01-07 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that a pro se prisoner's complaint alleging excessive force and improper lockdown by a guard, even if poorly drafted, should not be dismissed at the pleading stage if it suggests a violation of federally protected rights.
• Haley v. Walker
  751 F.2d 284· 8th Cir.· 1984-12-28 ·via 42 U.S.C. § 1983 Action
  The court held that an attorney appointed by a federal court cannot be sued under 42 U.S.C. § 1983 because such action is not taken under color of state law. The court also denied a petition for writ of prohibition and a request for interlocutory appeal.
• Wolfel v. Bates
  749 F.2d 7· 6th Cir.· 1984-11-27
  The court held that an appellate court can recall its mandate to allow a district court to determine attorney's fees, even if costs were previously denied, to avoid procedural obstacles and ensure a fair determination.
• BEE v. Greaves
  744 F.2d 1387· 10th Cir.· 1984-09-24
  A pretrial detainee retains a liberty interest in avoiding unwanted antipsychotic medication, which must be balanced against state interests, and summary judgment was inappropriate due to disputed material facts regarding the existence of an emergency.
• Ryan Homes, Inc. v. Town OF Cumberland
  742 F.2d 1115· 7th Cir.· 1984-09-11
  The court held that the town of Cumberland, Indiana, could not enforce its building code and collect permit fees because it conflicted with the consolidated city of Indianapolis's building code under Indiana law.
• J.C. Sims v. Wyrick
  743 F.2d 607· 8th Cir.· 1984-09-10 ·via 42 U.S.C. § 1983 Claim For Damages
  The court held that even if a prison policy banning Black Panther literature was unconstitutional, the inmate could not recover damages because the loss of his transcript was not proximately caused by that policy, but by inadvertence or theft.
• Francis v. Marquez
  741 F.2d 1127· 9th Cir.· 1984-08-28 ·via 42 U.S.C. § 1983 Action
  The court held that the district court erred by dismissing the section 1983 action outright instead of continuing the case to allow the inmate to exhaust administrative remedies as required by 42 U.S.C. § 1997e(a)(1).
• Lucero v. Russell
  741 F.2d 1129· 9th Cir.· 1984-08-28 ·via 42 U.S.C. § 1983 Action
  The court held that an inmate's administrative transfer to maximum security without a hearing does not violate the Due Process Clause.
• Dixon v. Alexander
  741 F.2d 121· 6th Cir.· 1984-08-21
  The court held that the district court properly dismissed the federal habeas corpus claim for failure to exhaust state remedies and the § 1983 claim as it was subsumed by the habeas claim.
• Rynecki v. State OF Conn. Dep't OF Soc. Servs.
  742 F.2d 65· 2d Cir.· 1984-08-14 ·via 42 U.S.C. § 1983 Action
  The court held that collateral estoppel bars relitigation of claims already decided by state courts, and the state's interest in paternity suits does not violate constitutional rights.
• Allen Farms, Inc. v. Ark. Power & Light Co.
  739 F.2d 401· 8th Cir.· 1984-07-30
  The court held that the district court should abstain from deciding the landowners' federal claims until state courts determine if those claims could have been raised in the condemnation proceedings.
• Claudio Ramirez v. Ruelas
  736 F.2d 168· 5th Cir.· 1984-07-12
  The court held that the state employment commission employees were not statutorily or regulatorily obligated to certify the safety and adequacy of transportation provided by a farm labor contractor, and their negligent handling of complaints did not proximately cause the plaintif
• Elias Rand, M.D. v. Perales
  737 F.2d 257· 2d Cir.· 1984-06-15 ·via Violation Of 42 U.S.C. § 1983
  The court held that Dr. Rand received constitutionally adequate notice and opportunity to be heard, thus satisfying due process requirements.
• Sowers v. City OF Fort Wayne
  737 F.2d 622· 7th Cir.· 1984-06-14 ·via 42 U.S.C. § 1983 Action
  Firefighters demoted without notice or hearing had a property interest in their ranks protected by due process, and their promotions were not invalidated by a prior court ruling concerning other demotions.
• Battieste v. City OF Baton Rouge
  732 F.2d 439· 5th Cir.· 1984-05-21
  A plaintiff who cannot meet the 'in custody' requirement for habeas corpus is not precluded from challenging the constitutionality of their state court conviction in a section 1983 action.
• Cain v. The State OF Ark. & Ark. State Podiatry Bd.
  734 F.2d 377· 8th Cir.· 1984-05-15 ·via 42 U.S.C. § 1983 Action
  The court held that the Eighth Amendment does not apply to civil license revocation proceedings and that claims were barred by res judicata and the Eleventh Amendment.
• Gelber v. Rozas
  584 F. Supp. 902· S.D. Fla.· 1984-05-14
  The court holds that it has subject matter jurisdiction over the federal claims but must dismiss pendent state law claims seven and eight.
• Coastland Corp. & Ocean Sands, Inc. v. Cnty. OF Currituck
  734 F.2d 175· 4th Cir.· 1984-05-11
  The court held that Coastland did not possess a property right in liquidated damages from a contract between the County and a third-party contractor, thus failing to establish a due process claim. It also held that the County's requirement for Coastland to dedicate a road as a pu
• Riggs v. Commonwealth OF Ky.
  734 F.2d 262· 6th Cir.· 1984-04-10
  The court held that the Eleventh Amendment bars suits against the Commonwealth of Kentucky in federal court, and that the plaintiffs failed to establish a constitutionally protected property interest in their employment.
• Bruner v. Dunning
  731 F.2d 527· 8th Cir.· 1984-03-27
  The court held that the plaintiff failed to establish a denial of due process based on ineffective assistance of counsel or inadequate notice of hearings.
• Marrero v. City of Hialeah
  334 F.2d 506· S.D. Fla.· 1984-03-08 ·via 42 U.S.C. § 1983 Liability
  The court held that the City was not liable under § 1983 because the plaintiffs failed to prove a custom or policy, and that the prosecutor was entitled to qualified immunity as his actions did not violate clearly established constitutional rights.
• Fraternal Order of Police v. Brescher
  579 F. Supp. 1517· S.D. Fla.· 1984-02-13
  The court held that res judicata bars the current lawsuit because the prior class action adequately represented the plaintiffs' interests, and the prior ruling that deputy sheriffs are not 'public employees' for collective bargaining purposes remains valid.
• Int'l Soc'y FOR Krishna Consciousness, Inc. v. AIR Canada
  727 F.2d 253· 2d Cir.· 1984-01-31
  The court held that the interlocutory appeal was improvidently granted and declined to decide the issues presented, remanding the case for further action.
• Mastrian v. Schoen
  725 F.2d 1164· 8th Cir.· 1984-01-25
  The court held that the appellants failed to show they were discriminated against by the chargeback program, thus affirming the grant of summary judgment.
• Archer v. Individually
  723 F.2d 639· 8th Cir.· 1983-12-29 ·via 42 U.S.C. § 1983 Action
  The court held that a guardian for minor children lacked standing to bring a Section 1983 action based on the deceased father's alleged constitutional rights violations.
• Jacinto Vasquez v. van Lindt
  724 F.2d 321· 2d Cir.· 1983-12-20 ·via 42 U.S.C. § 1983 Action
  The court held that Vasquez's claims were barred by res judicata because they were actually litigated and determined in the state court Article 78 proceeding, precluding relitigation in federal court under § 1983.
• J.D. Franks and Margaret Franks v. Van Smith
  721 F.2d 153· 5th Cir.· 1983-12-12
  Appellants had no legally cognizable liberty or property interest in the child, thus their Fourteenth Amendment claim for damages under section 1983 fails.
• Colon v. Lomelo
  575 F. Supp. 664· S.D. Fla.· 1983-12-06 ·via Violation Of 42 U.S.C. § 1983
  The court held that the § 1983 claim against individual defendants remains viable, but the claim against the City is dismissed, and the § 1985 claim is dismissed against all defendants.
• H.T. Vondy v. J.R. White
  719 F.2d 1265· 5th Cir.· 1983-11-21 ·via Violation Of 42 U.S.C. § 1983
  The court held that the federal court should abstain from deciding the reasonableness of the salary until the state courts have resolved the issue under state law.
• Willis v. Cool
  714 F.2d 67· 8th Cir.· 1983-08-19
  The court held that the plaintiff's evidence was insufficient to support a conclusion that the defendant police officers knowingly supplied perjured testimony to the grand jury.
• Zephier v. Pierce
  714 F.2d 856· 8th Cir.· 1983-08-19
  The court held that a party is not entitled to attorneys' fees under 42 U.S.C. § 1988 if the preliminary injunction they obtained was erroneously granted and thus unnecessary.
• Tydings v. Dep't OF Corr.
  714 F.2d 11· 4th Cir.· 1983-08-08
• Allen v. Greenville Cnty.
  712 F.2d 934· 4th Cir.· 1983-07-26
  The court held that the doctrine of res judicata barred the plaintiff's civil rights claim because it could have been raised in the prior state court action.
• Monrad Vikse v. Basin Elec. Power Coop.
  712 F.2d 374· 8th Cir.· 1983-07-25 ·via 42 U.S.C. § 1983 Action
  The court held that the landowners were not denied equal protection because the utility had a rational basis for treating North Dakota landowners differently due to their organized opposition and subsequent group settlement.
• Pearl v. Lt. Rhodes and Captain McHan
  711 F.2d 868· 8th Cir.· 1983-07-22
  The court held that the inmate's allegations did not rise to the level of a constitutional violation under the Eighth Amendment.
• Fredericks v. Huggins
  711 F.2d 31· 4th Cir.· 1983-07-06
  The court held that the jail's refusal to provide methadone detoxification to pretrial detainees did not constitute unconstitutional punishment or violate due process rights, as lawful incarceration limits certain privileges and rights.
• State OF Fla. ex rel. v. Crawford
  707 F.2d 472· 11th Cir.· 1983-06-16
  The appeal from the denial of a writ of habeas corpus seeking bail pending a state court appeal is moot because the state appeal has been decided.
• Rubino v. The City OF Mount Vernon
  707 F.2d 53· 2d Cir.· 1983-05-06 ·via 42 U.S.C. § 1983 Action
  The court held that the district court abused its discretion in granting a preliminary injunction because the appellee failed to demonstrate irreparable injury or a likelihood of success on the merits.
• Bond v. Asiala
  704 F.2d 309· 6th Cir.· 1983-04-06
  The court held that the district court erred in granting summary judgment based on the belief that simple negligence cannot support a § 1983 claim and that a warrantless entry into a third-party's home to execute an arrest warrant is unconstitutional under Steagald.