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

• Roberson v. Hewes
  701 F.2d 418· 5th Cir.· 1983-03-28 ·via 42 U.S.C. § 1983 Civil Rights Claim
  A prisoner's civil rights action cannot be dismissed solely on the unsubstantiated speculation that they cannot effectively prosecute it while incarcerated.
• Turner v. W. Grady Stumbo, M.D.
  701 F.2d 567· 6th Cir.· 1983-02-21
  The court held that transferring pretrial detainees from a medium-security facility to a maximum-security facility, without more, does not constitute a constitutional violation, particularly when the new facility is adequately equipped and security is a legitimate governmental pu
• Brookins v. O'Bannon
  699 F.2d 648· 3d Cir.· 1983-02-04
  The court held that section 20(b) of the 1982 Pennsylvania Welfare Reform Act does not unconstitutionally chill First Amendment rights of expression, petition, or association, nor does it restrict access to the courts.
• Palmer v. Schneider
  699 F.2d 322· 6th Cir.· 1983-02-04
  The court held that federal courts cannot enjoin state court proceedings absent specific exceptions, and no such exceptions applied here.
• Crenshaw v. Parratt
  698 F.2d 360· 8th Cir.· 1983-01-26
  The court held that an inmate who refused to sign parole conditions was not deprived of a liberty interest by the state.
• Windward P'rs v. Ariyoshi
  693 F.2d 928· 9th Cir.· 1982-12-01
  The court held that the Eleventh Amendment bars federal jurisdiction over claims against state defendants, and without independent federal jurisdiction, the court cannot consider the remaining claims against private parties.
• Hawaiian Tel. Co. v. State of Haw. Dep't OF Labor & Indus. Relations
  691 F.2d 905· 9th Cir.· 1982-11-04 ·via 42 U.S.C. § 1983 Action
  The court held that the State Tax Injunction Act bars federal court challenges to state tax schemes, even those with federal components, and that Hawaii provides a plain, speedy, and efficient remedy for such challenges.
• Doe v. S. Fla. State Hosp.
  549 F. Supp. 838· S.D. Fla.· 1982-10-25
  A plaintiff's complaint fails to state a claim under 42 U.S.C. § 1983 when it alleges negligent release of a patient by state officials, as there is no federally protected right to be protected from private violence.
• Cook v. Deputy Jim Spencer
  688 F.2d 1017· 5th Cir.· 1982-10-14
• Byrd v. Vitek
  689 F.2d 770· 8th Cir.· 1982-10-01
  The court held that the plaintiff inmate failed to prove that the lack of work opportunities at the prison violated the Eighth Amendment's prohibition against cruel and unusual punishment.
• Zynn v. Sgt. Charles O'Donnell
  688 F.2d 940· 3d Cir.· 1982-09-28
  The court held that the pro se complaint was improperly dismissed for failure to state a claim, as it sufficiently alleged constitutional violations.
• Pellowski v. Burke
  686 F.2d 631· 8th Cir.· 1982-08-18
  The court held that evidence of malice was insufficient to support punitive damages against defendants Smith and Burke, but sufficient against defendant Garvey.
• Journey v. Vitek
  685 F.2d 239· 8th Cir.· 1982-08-13 ·via Violation Of 42 U.S.C. § 1983
  The court affirmed the district court's judgment, finding no clear error in its factual determinations regarding the plaintiff's claims of discrimination, due process violations, and property rights deprivation.
• Prince v. Town OF Grubbs
  682 F.2d 184· 8th Cir.· 1982-07-01
  The court held that the district court's findings of legitimate reasons for the plaintiff's dismissal were not clearly erroneous.
• Brigita Gumsey v. Crawford
  679 F.2d 666· 6th Cir.· 1982-06-08
  The court held that the jury's verdict for the defendant was a clear rejection of the plaintiff's constitutional rights violation claim, affirming the district court's judgment.
• Fierro v. Ellis C. MacDOUGAL
  685 F.2d 261· 9th Cir.· 1982-06-01
  The court held that Fierro's complaint stated a viable claim for deprivation of a state-created liberty interest without due process, and he should be allowed to amend his complaint.
• Kornit v. Bd. of Educ. of the Plainview-Old Bethpage Cent. Sch. Dist.
  677 F.2d 13· 2d Cir.· 1982-04-08
  The court affirmed the dismissal of the appellant's complaint, finding that the deduction of wages for participating in an illegal strike did not constitute an impermissible garnishment under Title III of the Consumer Credit Act.
• Boyer v. Sgt. Herbert Riley
  675 F.2d 185· 8th Cir.· 1982-04-07
  The court held that the district court should not have dismissed the action but should have held it in abeyance pending completion of state proceedings.
• Maddox v. Thomas
  671 F.2d 949· 5th Cir.· 1982-04-02
  A prisoner generally has no Fourteenth Amendment liberty interest in being confined in one correctional facility over another, absent a state law right or justifiable expectation.
• Northwood Apts. v. LaVALLEY
  673 F.2d 159· 6th Cir.· 1982-03-16 ·via 42 U.S.C. § 1983 Claim For Damages
  The court held that principles of comity require abstention in a damages action brought under 42 U.S.C. § 1983 to redress the allegedly unconstitutional administration of a state tax system.
• Local 391 v. City OF Rocky Mount
  672 F.2d 376· 4th Cir.· 1982-02-24 ·via 42 U.S.C. § 1983 Action
  The court held that the ordinance's permit requirement was an unconstitutional prior restraint on First Amendment rights, as it was not narrowly tailored and was more restrictive than necessary.
• Hall v. Bd. OF Trs. OF Ark. Pub. Emps. Ret. Sys.
  671 F.2d 269· 8th Cir.· 1982-02-12
  The appellate court affirmed the district court's denial of the plaintiff's claims, finding no violation of equal protection or constitutional rights.
• Huron Valley Hosp., Inc. v. City OF Pontiac
  666 F.2d 1029· 6th Cir.· 1981-12-11 ·via Violation Of 42 U.S.C. § 1983
  The court held that while the plaintiff has standing and the federal health act does not impliedly repeal antitrust laws, prior resort doctrines require a stay of the antitrust action pending completion of state administrative and judicial proceedings.
• Thomas v. Fob James
  661 F.2d 67· 5th Cir.· 1981-11-12
  The court held that the district court lacked jurisdiction because the plaintiffs failed to demonstrate a case or controversy, as required by Article III of the Constitution.
• Henderson v. State OF Mo.
  661 F.2d 107· 8th Cir.· 1981-10-19 ·via 42 U.S.C. § 1983 Action
  The court held that the petitioner's habeas corpus filing was premature because it had not first been made to the appropriate federal district court.
• LEE v. Gilstrap
  661 F.2d 999· 4th Cir.· 1981-10-06
  The court held that the plaintiff's Fourth Amendment rights were not violated because he lacked a privacy interest in the premises searched.
• Helfrich v. Commonwealth OF Pa.
  660 F.2d 88· 3d Cir.· 1981-10-05
  The Eleventh Amendment bars suits against the Commonwealth and its agencies, but not prospective equitable relief or damages against officials in their individual capacities.
• Crawley v. Bd. OF Educ. OF Marion Cnty.
  658 F.2d 450· 6th Cir.· 1981-09-02
  The plaintiff was not entitled to a hearing because the lateral transfer to a similar administrative position did not constitute a termination under Kentucky law.
• Ogilbee v. W. Dist. Guidance Ctr., Inc.
  658 F.2d 257· 4th Cir.· 1981-09-02
  The court held that the plaintiff failed to allege facts sufficient to establish a deprivation of a liberty or property interest protected by the Fourteenth Amendment, thus failing to state a claim under 42 U.S.C. § 1983.
• Harris v. Baker
  670 F.2d 86· 8th Cir.· 1981-07-30
• Rosalyn Rubin v. Univ. OF Minn.
  653 F.2d 351· 8th Cir.· 1981-07-10
  The court continued the preliminary injunction pending a prompt trial on the merits, finding that circumstances had changed and that vacating the injunction would threaten the research project's funding and continuity.
• Gorham v. Banovetz
  652 F.2d 750· 8th Cir.· 1981-06-30
  The court held that the district court properly dismissed the prisoner's section 1983 complaint for failure to state a claim.
• Duward W. Stone v. The City OF Wichita Falls
  646 F.2d 1085· 5th Cir.· 1981-06-04
  The court held that the City Charter provision prohibiting a civil servant from running for office was void because it was inconsistent with state law, which permitted such activity.
• Est. of O'Brien v. Wilkins
  511 F. Supp. 707· N.D. Fla.· 1981-04-15
  The court held that the complaint failed to state a claim under 42 U.S.C. § 1983 because it did not allege deprivation of a federally protected right, and thus the pendent state claim was also dismissed.
• Corrigan v. Donilon
  639 F.2d 834· 1st Cir.· 1981-02-04
  The court held that the School Committee's actions were ineffective to terminate the tenured teachers' employment status due to a lack of good and just cause and a violation of due process rights.
• Pace v. Oliver
  634 F.2d 302· 5th Cir.· 1981-01-16 ·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  An absolute policy prohibiting prisoners from accessing institutional records for their defense at disciplinary hearings violates procedural due process under Wolff v. McDonnell.
• Vazquez v. Borrero
  636 F.2d 4· 1st Cir.· 1980-12-03
  The court held that neither party was solely at fault for the missing transcript and ordered a final attempt to obtain it.
• Anderson v. Firestone
  499 F. Supp. 1027· N.D. Fla.· 1980-10-10 ·via Violation Of 42 U.S.C. § 1983
  The court held that Florida's refusal to allow substitution of an independent presidential candidate's actual vice-presidential nominee for a surrogate name on the ballot violated equal protection.
• Blomberg v. Schneiderheinz
  632 F.2d 698· 8th Cir.· 1980-08-29
  The court held that dismissal without prejudice was not an error, allowing plaintiffs to replead if they can establish the "color of law" element.
• Hart v. Mayor & City Council OF Baltimore (Community Coll. of Baltimore)
  625 F.2d 13· 4th Cir.· 1980-07-10
  The court held that the plaintiff failed to establish a prima facie case of race or handicap discrimination, and the lower court should have granted a directed verdict for all defendants.
• Owen v. The City OF Independence
  623 F.2d 550· 8th Cir.· 1980-07-01
  Municipalities do not enjoy qualified immunity from liability under 42 U.S.C. § 1983.
• Cote v. Seaman
  625 F.2d 1· 1st Cir.· 1980-05-29
  The court held that the Planning Board's actions did not violate plaintiffs' due process rights because plaintiffs lacked a property interest in plan approval and the Board's initial rejection was based on valid non-compliance.
• Teague v. City OF ST. Louis
  615 F.2d 773· 8th Cir.· 1980-02-28
  The court affirmed the district court's decision, finding no error in the Title VII claim and no purpose for remanding the § 1983 claim based on the trial judge's findings.
• Nestler v. The Bd. OF LAW Exam'rs OF the State OF N.C. & James B. Swails
  611 F.2d 1380· 4th Cir.· 1980-01-11
  The court held that the district court did not abuse its discretion in denying leave to amend the complaint to seek damages, and that the remaining claims were moot.
• Miguel v. Fausto Olano Sbert
  611 F.2d 935· 1st Cir.· 1979-12-28
  The court held that the plaintiff's own inaction and refusal to communicate prevented her from obtaining further leave without pay, thus her claim of wrongful discharge was without merit.
• Tucker v. Shirling Sam Caldwell
  608 F.2d 140· 5th Cir.· 1979-12-10
  The state's procedure for recovering overpaid unemployment benefits by reducing future benefits, after an initial hearing determined overpayment, satisfies due process. The trial judge also correctly denied class certification.
• Jones v. Davis
  595 F.2d 4· 9th Cir.· 1979-04-10
  The court held that Oregon's policy denying foster care eligibility to children placed with related foster parents conflicts with the Social Security Act and that the award of attorney fees was permissible under 42 U.S.C. § 1988.
• Clark v. Fortner
  590 F.2d 1309· 5th Cir.· 1979-02-22
  The court denied the prisoner's motion for leave to appeal in forma pauperis and for appointment of counsel.
• UHL v. Ness City
  590 F.2d 839· 10th Cir.· 1979-01-12
  The court held that Kansas municipal ordinances allowing termination of water service for nonpayment of mandatory trash collection fees are not authorized under Kansas law, as the state statute provides an exclusive method for collecting delinquent solid waste charges.
• Shaw v. Harnett
  587 F.2d 109· 2d Cir.· 1978-11-13
  The court held that the dismissal of the § 1983 action was justified because the plaintiff failed to state a claim upon which relief could be granted.