42 U.S.C. § 1983 Claim

3,807 Florida cases classified under this topic, plus 3,026 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Goka v. Bobbitt
  862 F.2d 646· 7th Cir.· 1988-11-21 ·cited 30×·via Violation Of 42 U.S.C. § 1983
  The court held that summary judgment was improperly granted because a genuine issue of material fact existed regarding whether prison officials had knowledge of the risk of harm to the inmate and failed to take reasonable steps to prevent it.
• Gutzwiller v. Fenik
  860 F.2d 1317· 6th Cir.· 1988-11-01 ·cited 30×·via Violation Of 42 U.S.C. § 1983
  The court held that there was insufficient evidence to support claims of sex discrimination and substantive due process violations against the defendants, and that judicial intervention in academic tenure decisions is generally inappropriate.
• Matherne v. Wilson
  851 F.2d 752· 5th Cir.· 1988-08-10 ·cited 30×
  A public official is entitled to qualified immunity if a reasonable officer would have believed their actions met constitutional standards, and the law was not clearly established at the time of the action. A public employer cannot fire an employee for political activity if it do
• Lenell Geter v. Fortenberry
  849 F.2d 1550· 5th Cir.· 1988-07-26 ·cited 30×·via 42 U.S.C. § 1983 Violations
  Prosecutors Wade and Isenberg are entitled to absolute immunity for actions within the judicial phase of prosecution, and Geter's defamation claim does not implicate a constitutional right. Officer Kuhn is not entitled to immunity if he procured false identification by unlawful m
• Page v. DeLAUNE
  837 F.2d 233· 5th Cir.· 1988-02-12 ·cited 30×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that a letter designating the record on appeal, sent within the time limit, satisfied the notice of appeal requirement, and that genuine issues of material fact existed regarding the plaintiff's procedural due process claim.
• Argento v. Vill. OF Melrose Park
  838 F.2d 1483· 7th Cir.· 1988-01-27 ·cited 30×
  The court held that the district court had jurisdiction to enforce judgments against a municipality and its insurer under supplementary and pendent jurisdiction, and that Illinois' § 9-102 makes a local public entity directly liable for employee tort judgments.
• Gjellum v. The City OF Birmingham
  829 F.2d 1056· 11th Cir.· 1987-10-13 ·cited 30×·via 42 U.S.C. § 1983 Action
  The court held that federal common law of preclusion does not require application of state claim preclusion rules to unreviewed state administrative decisions in Section 1983 suits.
• SAN Bernardino Physicians' Servs. Med. Grp., Inc. v. Cnty. OF SAN Bernardino
  825 F.2d 1404· 9th Cir.· 1987-08-26 ·cited 30×·via 42 U.S.C. § 1983 Civil Rights Claim
  A corporation's contract to supply services to the state does not create a constitutionally protected property interest under the Fourteenth Amendment, even if the contract contains provisions for termination only 'for cause'.
• Harpole v. The Ark. Dep't OF Human Servs.
  820 F.2d 923· 8th Cir.· 1987-06-03 ·cited 30×
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because the defendants did not violate any affirmative duties under Arkansas law, no special relationship existed, the plaintiff did not suffer a loss of a constitutionally protected interest, and th
• Dugan v. Brooks
  818 F.2d 513· 6th Cir.· 1987-05-06 ·cited 30×
  The court held that the plaintiff's complaint stated a claim for relief under 42 U.S.C. § 1983, alleging violations of the fourth and fourteenth amendments.
• Gagne v. City OF Galveston
  805 F.2d 558· 5th Cir.· 1986-12-09 ·cited 30×
  An arresting officer is entitled to qualified immunity when there is no clearly established constitutional duty to discover a prisoner's suicidal tendencies or prevent their suicide.
• Minotti v. Lensink
  798 F.2d 607· 2d Cir.· 1986-08-19 ·cited 30×
  The court held that Connecticut's statute, as interpreted by its state supreme court, does not unequivocally waive the state's Eleventh Amendment immunity to suit in federal court.
• Lywanna Cooper v. City OF N. Olmsted
  795 F.2d 1265· 6th Cir.· 1986-07-16 ·cited 30×·via Discrimination Under 42 U.S.C. § 1983
  The court held that a prior state court decision denying unemployment benefits based on 'just cause' for discharge does not collaterally estop a subsequent federal discrimination claim, as the issues are not identical. The court also reversed a finding of retaliatory discharge du
• Horn v. Kean
  796 F.2d 668· 3d Cir.· 1986-07-16 ·cited 30×·via 42 U.S.C. § 1983 Action
  The court should reverse the district court's dismissal of the First Amendment claims, as the distinction between government servants and independent contractors is irrelevant to First Amendment protections against compelled political association and expression. The state's inter
• Lynk v. LaPORTE Superior Court NO. 2
  789 F.2d 554· 7th Cir.· 1986-04-24 ·cited 30×
  The district court erred in dismissing the federal civil rights suit under the Younger doctrine because there were no pending state court proceedings in which the plaintiff could vindicate his rights.
• Clark v. Yosemite Cmty. Coll. Dist.
  785 F.2d 781· 9th Cir.· 1986-03-25 ·cited 30×
  The court held that res judicata barred claims arising from conduct prior to the state court judgment, but not claims arising from subsequent conduct.
• Skoblow v. Ameri-Manage, Inc.
  483 So. 2d 809· Fla. 3d DCA· 1986-02-18 ·cited 30×·via Violation Of 42 U.S.C. § 1983
  Public officials are absolutely immune from defamation claims for statements made within the scope of their duties, and state agencies are immune from § 1983 actions unless immunity is waived.
• Demoran v. F.A. Witt & John Does 1-4.
  781 F.2d 155· 9th Cir.· 1985-12-10 ·cited 30×
  Probation officers preparing presentencing reports are entitled to absolute judicial immunity from personal damage actions under 42 U.S.C. § 1983.
• Riley v. Jeffes
  777 F.2d 143· 3d Cir.· 1985-11-21 ·cited 30×·via 42 U.S.C. § 1983 Civil Rights Claim
  The plaintiff prisoner's fear of assault due to unlocked cells does not rise to the level of an Eighth Amendment violation.
• Flinn v. Gordon
  775 F.2d 1551· 11th Cir.· 1985-11-15 ·cited 30×
  Denial of qualified immunity is an appealable collateral order, and the complaint failed to state a claim under 42 U.S.C. § 1983 because the alleged injuries did not violate clearly established federal rights.
• Young v. The City OF Killeen
  775 F.2d 1349· 5th Cir.· 1985-11-08 ·cited 30×·via 42 U.S.C. § 1983 Liability
• Watts v. Laurent
  774 F.2d 168· 7th Cir.· 1985-09-18 ·cited 30×·via Violation Of 42 U.S.C. § 1983
  The court held that the evidence was sufficient to support the jury's finding that four defendants were aware of a strong likelihood of an attack on the plaintiff, but that the evidence was insufficient to establish that the fifth defendant, Steele, had such knowledge. The court
• Ladnier v. Murray
  769 F.2d 195· 4th Cir.· 1985-07-31 ·cited 30×·via Violation Of 42 U.S.C. § 1983
  The jury's special verdict answers were irreconcilably contradictory, requiring reversal of the judgment and a new trial.
• Hazen v. Pasley
  768 F.2d 226· 8th Cir.· 1985-07-15 ·cited 30×·via 42 U.S.C. § 1983 Action
  Transfers of property by a prisoner in custody to a law enforcement officer violate public policy and are void. The district court abused its discretion in denying sanctions for discovery violations.
• Horton v. Duford Taylor
  767 F.2d 471· 8th Cir.· 1985-07-11 ·cited 30×·via Violation Of 42 U.S.C. § 1983
  The majority opinion holds that the dismissal of road-graders is not excepted from the Elrod-Branti rule as a matter of law due to insufficient evidence to raise a factual issue.
• Cable Holdings OF Battlefield, Inc. v. Cooke
  764 F.2d 1466· 11th Cir.· 1985-07-09 ·cited 30×
  The court held that it had jurisdiction to review the interlocutory order under 28 U.S.C. § 1292(a)(1) and exercised pendent jurisdiction over related summary judgment issues. The grant of partial summary judgment and dissolution of a preliminary restraint were vacated, while the
• Jensen v. Stangel
  762 F.2d 815· 9th Cir.· 1985-06-10 ·cited 30×
  The court held that the district court abused its discretion in awarding attorney's fees to the prevailing defendants because the plaintiff's civil rights action was not frivolous, unreasonable, or without foundation.
• Smith v. Rowe
  761 F.2d 360· 7th Cir.· 1985-04-26 ·cited 30×·via 42 U.S.C. § 1983 Action
  The court affirmed the jury's award of damages, holding that the exclusion of documents was not an abuse of discretion, the plaintiff's refusal to take other job assignments did not constitute a failure to mitigate damages as a matter of law, the compensatory damages award was no
• Bennie Stewart, Jr. v. Thigpen
  730 F.2d 1002· 5th Cir.· 1984-04-30 ·cited 30×·via Section 1983
  A prisoner's failure to move for a directed verdict on certain claims at trial precludes him from raising the sufficiency of the evidence for those claims on appeal, and jury verdicts will be upheld if supported by substantial evidence.
• Emerson W. Dunton, Jr. v. Cnty. OF Suffolk
  729 F.2d 903· 2d Cir.· 1984-02-28 ·cited 30×
  The court held that a conflict of interest arising from joint representation of a police officer and the municipality by the same county attorney prejudiced the officer, requiring a new trial. It also held that federal claims against Angela Pfeiffer were insubstantial, divesting
• William (Bob) Brown v. Wiley C. Edwards & All Other Constables In the State of Miss.
  721 F.2d 1442· 5th Cir.· 1984-01-03 ·cited 30×·via 42 U.S.C. § 1983 Action
  Assuming probable cause for arrest, a constable's financial incentive under a fee system does not violate constitutional rights, as arrest is executive action not requiring judicial impartiality.
• Scott v. Dixon
  720 F.2d 1542· 11th Cir.· 1983-12-15 ·cited 30×·via Violation Of 42 U.S.C. § 1983
  The court held that summary judgment was improperly granted for Dixon, Kelley, and Latham, as genuine issues of material fact existed regarding state action and qualified immunity. However, Floyd, the clerk, was entitled to absolute judicial immunity.
• Crawford v. Garnier
  719 F.2d 1317· 7th Cir.· 1983-09-26 ·cited 30×
  The court held that the jury's finding that the plaintiff's article was a substantial motivating factor in his termination was supported by substantial evidence, and that the admission of certain statements by an employment analyst was proper.
• Duran v. Elrod
  713 F.2d 292· 7th Cir.· 1983-07-22 ·cited 30×
  The court held that the district court did not abuse its discretion in denying the county's motion to modify the consent decree to allow double-bunking and in ordering the release of low-bond pretrial detainees to comply with the population cap.
• Sampley v. Ruettgers
  704 F.2d 491· 10th Cir.· 1983-04-05 ·cited 30×·via 42 U.S.C. § 1983 Action
  The court held that a prison guard's unauthorized beating of an inmate can violate the Eighth Amendment if it involves the unnecessary and wanton infliction of pain, and that a prisoner's claim must allege intent to harm, excessive force, and resulting severe pain or lasting inju
• Fitzharris v. Wolff
  702 F.2d 836· 9th Cir.· 1983-04-01 ·cited 30×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that an inmate who obtained a temporary restraining order preventing his transfer to a dangerous prison, and whose case later became moot due to parole, was a prevailing party entitled to attorney's fees under 42 U.S.C. § 1988.
• Czajka v. Hickman
  703 F.2d 317· 8th Cir.· 1983-03-30 ·cited 30×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that while the trial court erred in failing to balance the probative value against the prejudicial effect of admitting prior convictions for impeachment, the error was harmless given other impeachment evidence. The court also found no abuse of discretion in excludi
• Ward v. Johnson
  690 F.2d 1098· 4th Cir.· 1982-10-07 ·cited 30×·via Violation Of 42 U.S.C. § 1983
• Hall v. Bd. OF Sch. Comm'rs OF Mobile Cnty.
  681 F.2d 965· 5th Cir.· 1982-08-02 ·cited 30×
  The court held that school policies regulating literature distribution (KIA and KIB) were unconstitutional both facially and as applied due to vagueness and overbreadth, but policies regulating visitors (KM and GBRBB) were not facially unconstitutional.
• Ne. Ga. Radiological Assocs. v. Tidwell
  670 F.2d 507· 5th Cir.· 1982-03-15 ·cited 30×
  The court held that a physician's medical staff privileges, when established by contract and hospital by-laws, constitute a property interest protected by the Fourteenth Amendment, requiring procedural due process before termination.
• Constance v. Sec'y OF Health & Human Servs.
  672 F.2d 990· 1st Cir.· 1982-03-05 ·cited 30×
  The federal 'essential person' provision in the SSI statute was intended to ensure the federal government, not the state, covers the cost of 'essential person' allowances for recipients who received them in 1973, and does not implicitly require states to pass through these federa
• Corriz v. Emilio Naranjo
  667 F.2d 892· 10th Cir.· 1981-12-09 ·cited 30×·via 42 U.S.C. § 1983 Claim For Deprivation Of Liberty Without Due Process
  The court held that defendants' objections regarding potential double recovery were not properly preserved for appeal because they failed to make specific objections to the jury instructions or verdict forms as required by Rule 51.
• Avery v. Cnty. OF Burke
  660 F.2d 111· 4th Cir.· 1981-10-02 ·cited 30×
  Summary judgment for the county and its boards was improper because genuine issues of material fact exist regarding whether their policies or customs, or lack thereof, caused the plaintiff's constitutional deprivation.
• Lock v. Jenkins
  641 F.2d 488· 7th Cir.· 1981-02-19 ·cited 30×
  The court held that the conditions of confinement for pretrial detainees, specifically prolonged periods in small cells without sufficient out-of-cell time, amounted to punishment and violated their due process rights. The court also found certain instances of tear gas use uncons
• Baker v. Bell
  630 F.2d 1046· 5th Cir.· 1980-11-17 ·cited 30×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court correctly applied the 'special efforts' standard under the UMT Act, but erred in limiting the Section 504 claims to review of the administrative record, remanding for further consideration of those claims.
• Leeds v. Watson
  630 F.2d 674· 9th Cir.· 1980-09-24 ·cited 30×
  The court held that prisoners have a constitutional right of access to the courts, and that attorney fees should be awarded under 42 U.S.C. § 1988, regardless of the source of counsel's funding.
• Heimbach v. Vill. OF Lyons (Wayne Cnty.
  597 F.2d 344· 2d Cir.· 1979-04-26 ·cited 30×·via Violation Of 42 U.S.C. § 1983
  The court held that a village is a "person" under 42 U.S.C. § 1983 following Monell, and that while a justice has absolute immunity for damages, other officials have only qualified immunity, making dismissal premature if bad faith is alleged.
• The Honorable Cliff Finch v. Miss. State Med. Ass'n, Inc.
  585 F.2d 765· 5th Cir.· 1978-12-07 ·cited 30×·via Violation Of 42 U.S.C. § 1983
  The court held that black physicians seeking to represent a class have standing, and their claims were improperly dismissed, but other plaintiffs and claims were correctly dismissed. The court also found that the Mississippi State Medical Association is the only proper defendant
• Sylvander v. NEW England Home FOR Little Wanderers
  584 F.2d 1103· 1st Cir.· 1978-09-29 ·cited 30×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the § 1983 claim was barred by res judicata and collateral estoppel, and that federal habeas corpus jurisdiction does not extend to state child custody disputes.
• del Valle v. Aponte
  575 F.2d 321· 1st Cir.· 1978-05-10 ·cited 30×
  The court held that an employee's attorney's letters demanding reinstatement, without seeking monetary damages, did not toll the statute of limitations under Puerto Rico law for a § 1983 claim.