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

• Eyes v. Dan Henry (Assistant Superintendent)
  907 F.2d 810· 8th Cir.· 1990-07-03 ·cited 22×
  The court held that the prison grooming regulation requiring inmates to wear hair above their collars was reasonably related to legitimate penological interests and did not violate the inmate's First Amendment free exercise rights.
• LEE Cnty. v. Morales
  557 So. 2d 652· Fla. 2d DCA· 1990-02-28 ·cited 22×
  Lee County appeals a trial court judgment invalidating its rezoning decision that changed appellees' commercial property to agricultural/rural residential zoning. The court reverses, holding that the rezoning was fairly debatable based on substantial competent evidence regarding
• Sample v. Diecks
  885 F.2d 1099· 3d Cir.· 1989-09-12 ·cited 22×
  The court held that a prisoner held beyond his sentence term may recover under 42 U.S.C. § 1983 if a prison official acted with deliberate indifference to the unjustified deprivation of liberty, and that the district court did not abuse its discretion in estopping defendants from
• Worsham v. The City OF Pasadena
  881 F.2d 1336· 5th Cir.· 1989-08-31 ·cited 22×
  The court held that a plaintiff must be given an opportunity to prove that a municipality's policymakers absolutely delegated final policymaking authority to a subordinate official, even if positive law suggests otherwise, by demonstrating a custom or usage of abdicating review p
• Wildberger v. Sgt. David Bracknell
  869 F.2d 1467· 11th Cir.· 1989-04-14 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that a prisoner's claim of retaliation for filing grievances, if proven, states a constitutional claim under the First Amendment.
• Browning v. Pendleton
  869 F.2d 989· 6th Cir.· 1989-03-16 ·cited 22×
  The Supreme Court's decision in Owens v. Okure mandates that state general or residual statutes of limitations for personal injury actions apply to section 1983 claims, rejecting the intentional tort analogy previously used by this court.
• Jackson v. Warden Burl Cain
  864 F.2d 1235· 5th Cir.· 1989-02-09 ·cited 22×
  The court held that the district court did not err in granting summary judgment for the defendants on the procedural and substantive claims, as Jackson failed to demonstrate genuine issues of material fact or violations of his constitutional rights.
• Freedman v. City OF Allentown
  853 F.2d 1111· 3d Cir.· 1988-08-10 ·cited 22×
  The court held that the allegations in the complaint were sufficient to withstand a motion to dismiss under Rule 12(b)(6) for claims against Detective Balliet and the municipal defendants, as they sufficiently alleged reckless indifference to a detainee's suicidal tendencies.
• Quesada v. Thomason
  850 F.2d 537· 9th Cir.· 1988-06-23 ·cited 22×
  A district court cannot reduce a statutory attorney fee award below the lodestar amount based on the existence of a contingent-fee agreement or the simplicity of the case's issues.
• Hesse v. Bd. OF Educ. OF Twp. High Sch. Dist. NO. 211
  848 F.2d 748· 7th Cir.· 1988-06-10 ·cited 22×
  The court held that at least two instances of the employee's speech were constitutionally protected, warranting a remand for a new trial.
• Knight v. Mills
  836 F.2d 659· 1st Cir.· 1987-12-29 ·cited 22×·via 42 U.S.C. § 1983 Claim For Damages
  State officials are entitled to qualified immunity from civil damages when their actions do not violate clearly established statutory or constitutional rights, and a declaratory judgment is not warranted on this record.
• Collins v. Walden
  834 F.2d 961· 11th Cir.· 1987-12-28 ·cited 22×
  The court held that the district court did not abuse its discretion in imposing Rule 11 sanctions against attorneys for filing a factually groundless complaint, and affirmed the size and manner of the award.
• Cupit v. James "Sonny" Jones
  835 F.2d 82· 5th Cir.· 1987-12-24 ·cited 22×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court properly granted summary judgment for prison officials, as the plaintiff failed to demonstrate deliberate indifference to his serious medical needs or punitive conditions of confinement.
• Eldridge v. Block
  832 F.2d 1132· 9th Cir.· 1987-11-17 ·cited 22×
  The court held that the district court abused its discretion by denying the pro se prisoner's timely request for an extension to file an amended complaint, especially when the prisoner lacked access to the necessary local rules, and thus the subsequent dismissal was also an abuse
• Thompkins v. Belt
  828 F.2d 298· 5th Cir.· 1987-09-29 ·cited 22×
  The court held that the district court's findings did not adequately establish a basis for holding the sheriff liable under section 1983, vacating the award of damages and remanding for further findings.
• Trujillo v. Goodman
  825 F.2d 1453· 10th Cir.· 1987-08-07 ·cited 22×·via 42 U.S.C. § 1983 Liability
  The court held that a jury could reasonably find that an officer's use of excessive force, while constituting a battery, did not rise to the level of a constitutional violation under 42 U.S.C. § 1983, particularly when the force was a spontaneous reaction rather than malicious.
• Daly-Murphy v. Winston
  837 F.2d 348· 9th Cir.· 1987-07-01 ·cited 22×
  The court affirmed the district court's grant of summary judgment, finding no genuine issues of material fact and correct application of substantive law regarding the APA, Privacy Act, Bivens, and state libel claims.
• Patton v. Przybylski
  822 F.2d 697· 7th Cir.· 1987-06-17 ·cited 22×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that a complaint alleging racial discrimination and wrongful arrest must be accepted as true at the dismissal stage.
• The Port Auth. Police Benevolent Ass'n, Inc. v. The Port Auth. OF NEW York & NEW Jersey
  819 F.2d 413· 3d Cir.· 1987-05-27 ·cited 22×
  The Port Authority is an arm of the state and thus entitled to Eleventh Amendment immunity from suit under 42 U.S.C. § 1983.
• Lewis v. Lane
  816 F.2d 1165· 7th Cir.· 1987-04-07 ·cited 22×
• Fetner v. The City OF Roanoke
  813 F.2d 1183· 11th Cir.· 1987-04-06 ·cited 22×
  The court held that the district court erred in granting summary judgment because a genuine issue of material fact existed regarding whether the plaintiff resigned and because the plaintiff stated a valid procedural due process claim.
• Holloway v. A.L. Lockhart
  813 F.2d 874· 8th Cir.· 1987-03-05 ·cited 22×
  The court held that a local rule conditioning discovery on leave of court for prisoner petitions is invalid because it conflicts with the Federal Rules of Civil Procedure, and that summary judgment was inappropriate due to genuine issues of material fact and insufficient discover
• Harper v. Jeffries
  808 F.2d 281· 3d Cir.· 1986-12-31 ·cited 22×·via 42 U.S.C. § 1983 Civil Rights Claim
  A federal court should not dismiss a § 1983 damages claim brought concurrently with a habeas corpus petition, even if state remedies for confinement have not been exhausted.
• Jensen v. City OF SAN Jose & Harry Stangel
  806 F.2d 899· 9th Cir.· 1986-12-17 ·cited 22×·via 42 U.S.C. § 1983 Action
• Skeets v. Johnson
  805 F.2d 767· 8th Cir.· 1986-11-12 ·cited 22×·via Violation Of 42 U.S.C. § 1983
  The majority held that an at-will state employee possessed a constitutionally protected property right due to grievance procedures and was entitled to reinstatement with backpay without proving he would have been discharged absent procedural errors. The dissent disagreed with all
• Birdie C. McKEE v. Bi-State Dev. Agency
  801 F.2d 1014· 8th Cir.· 1986-09-22 ·cited 22×
  The court held that a local rule attempting to make a judgment non-final pending attorney's fees determination is invalid, but excused an untimely appeal based on reliance on that rule. It also held that a jury verdict for the plaintiff on an Equal Pay Act claim is inconsistent w
• Draper v. Davis S. Coombs
  792 F.2d 915· 9th Cir.· 1986-06-24 ·cited 22×
  The court held that plaintiff properly pleaded § 1983 claims for extradition violations and towing under an unconstitutional ordinance, and that nominal damages are available even without actual harm. Claims against the State of Washington were affirmed due to Eleventh Amendment
• Sykes v. McDOWELL
  786 F.2d 1098· 11th Cir.· 1986-04-15 ·cited 22×·via Section 1983
  The court held that state administrative proceedings did not bar the deputy sheriff's federal First Amendment claim, submitting the protected speech issue to the jury was not plain error, and the damages awarded were not excessive.
• Villante v. Dep't OF Corr. OF the City OF NEW York
  786 F.2d 516· 2d Cir.· 1986-03-19 ·cited 22×
  The court held that the district court abused its discretion by denying discovery and improperly granting summary judgment on the sexual assault claim, but correctly dismissed the wrongful confinement claim.
• Berger v. Battaglia
  779 F.2d 992· 4th Cir.· 1985-12-20 ·cited 22×
  The court held that conditioning continued employment on an officer's cessation of offensive off-duty public entertainment performances, even if potentially disruptive to community relations, violates the First Amendment when there is no showing of direct disruption to the depart
• Greco v. Guss
  775 F.2d 161· 7th Cir.· 1985-10-01 ·cited 22×
  The court held that while the seizure of property might have involved state action, the availability of post-deprivation remedies, such as tort actions, satisfied due process requirements, thus affirming the summary judgment.
• Mark v. Furay
  769 F.2d 1266· 7th Cir.· 1985-08-08 ·cited 22×
  A plaintiff arrested pursuant to a facially valid warrant generally has no claim for unconstitutional deprivation of liberty under § 1983, even if the arresting officers had malicious motives, unless the plaintiff can show the warrant was procured by misrepresentation of material
• O'Quinn v. Manuel
  773 F.2d 605· 5th Cir.· 1985-08-05 ·cited 22×·via 42 U.S.C. § 1983 Liability
  The court held that the district court erred in dismissing the complaint for failure to state a claim, as the plaintiff's allegations, if true, could establish a violation of his constitutional rights. However, the dismissal for failure to state a claim is affirmed, but the case
• Elana Casines v. Murchek
  766 F.2d 1494· 11th Cir.· 1985-07-29 ·cited 22×
  State officials are entitled to qualified immunity for violating clearly established state law if federal rights were not clearly established. Post-termination claims may require abstention or reconsideration under Parratt v. Taylor.
• Harrison v. Byrd
  765 F.2d 501· 5th Cir.· 1985-07-15 ·cited 22×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court abused its discretion in denying the plaintiff's Rule 60(b) motion because it overlooked a timely filed affidavit that raised a material issue of fact regarding excessive force.
• Nash v. The Consol. City OF Jacksonville
  763 F.2d 1393· 11th Cir.· 1985-06-25 ·cited 22×·via Discrimination Under 42 U.S.C. § 1983
  A Black firefighter challenged his non-promotion to lieutenant based on a written examination under Title VII's disparate impact theory. The district court found the test was job-related and business necessary, but the Eleventh Circuit reversed as clearly erroneous because the tr
• Gale v. Dick Moore
  763 F.2d 341· 8th Cir.· 1985-05-31 ·cited 22×
  The court held that while the district court did not err in dismissing the complaint as frivolous, the dismissal should be without prejudice to allow for new actions based on subsequent parole board actions.
• GAY v. Wall
  761 F.2d 175· 4th Cir.· 1985-05-08 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that the district court abused its discretion by converting a motion to dismiss into a motion for summary judgment without providing the plaintiff reasonable opportunity for discovery. The court also held that the plaintiff's claim of detention despite actual knowl
• L.D. Hilliard v. Bd. OF Pardons & Paroles
  759 F.2d 1190· 5th Cir.· 1985-04-08 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that a prisoner has no constitutionally protected interest in the expectancy of release on parole under Texas law, and thus cannot state a claim for denial of due process or equal protection based on parole denials.
• Marchese v. Lucas
  758 F.2d 181· 6th Cir.· 1985-04-03 ·cited 22×
  The court held that a sheriff and county can be liable under 42 U.S.C. § 1983 for a prisoner's injuries resulting from excessive force if such injuries were inflicted pursuant to an official policy or custom of failing to train, discipline, or investigate misconduct.
• Hayes v. A.L. Lockhart
  754 F.2d 281· 8th Cir.· 1985-02-08 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that while the prisoner received adequate due process regarding administrative segregation, the district court erred in dismissing the claim for meritorious good time earned in another state.
• Lataille v. Ponte
  754 F.2d 33· 1st Cir.· 1985-02-06 ·cited 22×
  The past disciplinary record of a prisoner is inadmissible in a 42 U.S.C. § 1983 suit against corrections officers if its sole purpose is to show the prisoner acted in conformity with past violent behavior.
• Lebron v. Wash. Metro. Area Transit Auth.
  749 F.2d 893· D.C. Cir.· 1984-12-14 ·cited 22×
  The court held that WMATA's refusal to lease display space for a political poster based on its perceived deceptiveness constituted an unconstitutional prior restraint on speech.
• Conway v. The Vill. OF Mount Kisco
  750 F.2d 205· 2d Cir.· 1984-12-11 ·cited 22×
  The court held that the statute of limitations did not bar the malicious prosecution claim, and that the dismissal of claims against the Martabanos, Bano Buick, and Vincent Cerbone in his individual capacity should be reversed, while affirming dismissals against the Village of Mo
• Briggs v. Malley
  748 F.2d 715· 1st Cir.· 1984-11-19 ·cited 22×·via 42 U.S.C. § 1983 Liability
  The court held that the magistrate's authorization does not cure an officer's objectively unreasonable belief in probable cause, and such conduct can lead to personal liability.
• Hanrahan v. Lane
  747 F.2d 1137· 7th Cir.· 1984-10-30 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that while a prisoner's Fourth Amendment claim regarding cell searches is barred, the claim that he was denied due process by not receiving a statement of evidence relied upon for a guilty finding states a claim upon which relief can be granted.
• Razatos v. The Colo. Supreme Court
  746 F.2d 1429· 10th Cir.· 1984-10-29 ·cited 22×
  The court held that the district court had subject matter jurisdiction over the due process claim and that the Colorado attorney disciplinary scheme does not violate due process, even when credibility is at issue, because the Supreme Court retains ultimate review power and discre
• Roberts v. La. Downs, Inc.
  742 F.2d 221· 5th Cir.· 1984-09-24 ·cited 22×
  The court held that the participation of the racing secretary, an official whose duties are intertwined with state regulation and supervision, in the decision to deny stall space created a sufficient nexus to the state to constitute state action under 42 U.S.C. § 1983.
• Jeff D. v. Evans
  743 F.2d 648· 9th Cir.· 1984-09-20 ·cited 22×
  A district court cannot accept a stipulated waiver of attorney's fees in a class action settlement simply because the parties agreed to it; the court must independently determine the reasonableness of the fees.
• Garaux v. Pulley
  739 F.2d 437· 9th Cir.· 1984-08-01 ·cited 22×
  The court held that a district court must strictly adhere to the notice requirements of Rule 56(c) when converting a motion to dismiss under Rule 12(b)(6) into a motion for summary judgment if the non-moving party is appearing pro se.