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

• Pruitt v. The City OF Montgomery
  771 F.2d 1475· 11th Cir.· 1985-09-24 ·cited 20×
  The court held that the use of deadly force against an unarmed, fleeing burglary suspect who posed no immediate threat was an unconstitutional seizure under the Fourth Amendment, affirming summary judgment for the plaintiff.
• de Arroyo v. Barcelo
  765 F.2d 275· 1st Cir.· 1985-06-26 ·cited 20×
  Plaintiffs who achieve a significant benefit through their lawsuit, even without a formal judgment or settlement, can be considered prevailing parties for attorney's fees under 42 U.S.C. § 1988 if the suit acted as a catalyst for the defendants' actions.
• Heller v. Bushey
  759 F.2d 1371· 9th Cir.· 1985-05-01 ·cited 20×
  The jury's verdict for the arresting officer does not preclude claims against municipal entities based on policy or custom, nor does it preclude claims against individual officials who may have authorized unconstitutional conduct.
• Patterson v. Twp. OF Grand Blanc
  760 F.2d 686· 6th Cir.· 1985-04-24 ·cited 20×·via 42 U.S.C. § 1983 Action
  The court held that dismissing a plaintiff's case with prejudice due to counsel's repeated failures to comply with court orders, without considering alternative sanctions, constituted an abuse of discretion.
• Conway v. The Vill. OF Mount Kisco
  758 F.2d 46· 2d Cir.· 1985-03-15 ·cited 20×
  The court reaffirmed its prior judgment, holding that the plaintiff's claims against Cerbone were not waived and were legally sufficient under § 1983.
• Selwyn A. Robinson v. Ariyoshi
  753 F.2d 1468· 9th Cir.· 1985-02-20 ·cited 20×
  A state cannot divest vested property rights through a judicial decision without just compensation, even if the decision changes established law.
• Luvinia Alexander v. Louis Polk, M.D.
  750 F.2d 250· 3d Cir.· 1984-12-17 ·cited 20×
  The court held that the City violated notice and hearing requirements under regulations, stating a claim under section 1983.
• Raley v. Fraser
  747 F.2d 287· 5th Cir.· 1984-11-26 ·cited 20×·via 42 U.S.C. § 1983 (Excessive Force)
  A plaintiff who loses on a Section 1983 claim, even if successful on a pendent state law claim, is not a prevailing party entitled to attorney's fees under 42 U.S.C. § 1988.
• Aminta Flores v. Edinburg Consol. Indep. Sch. Dist.
  741 F.2d 773· 5th Cir.· 1984-09-17 ·cited 20×·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiff failed to establish that the injury resulted from an official policy, custom, or practice of the school district, thus reversing the district court on the section 1983 claim.
• Curl v. Reavis
  740 F.2d 1323· 4th Cir.· 1984-08-01 ·cited 20×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a deputy sheriff can be an employee under Title VII, and that a plaintiff who accepted one denied position did not waive her right to be instated in another denied position based on a separate violation.
• Osborne v. Emory Folmar
  735 F.2d 1316· 11th Cir.· 1984-07-06 ·cited 20×·via 42 U.S.C. § 1983 Action
  A plaintiff may challenge a pardon or parole decision on equal protection grounds even if they lack a liberty interest for a due process claim.
• Hughes v. Chesser
  731 F.2d 1489· 11th Cir.· 1984-04-30 ·cited 20×·via § 1983 Suit
  A state probation officer is entitled to absolute immunity from civil damages when preparing and submitting a presentence report.
• Lyon v. Hal Farrier
  727 F.2d 766· 8th Cir.· 1984-02-15 ·cited 20×
  The court held that prison inmates do not have a constitutionally protected liberty interest in remaining in their jobs or in being free from searches conducted under exigent circumstances related to institutional security.
• Robert and Sharon Albery v. Cal Reddig
  718 F.2d 245· 7th Cir.· 1983-10-03 ·cited 20×
  The court held that alleged negligence by local officials in administering zoning ordinances, even if resulting in property deprivation, does not violate due process if adequate state remedies are available. Zoning disputes are primarily local matters.
• Cameron v. Fogarty
  705 F.2d 676· 2d Cir.· 1983-04-20 ·cited 20×
  The court held that a district court erred in sua sponte dismissing a pro se prisoner's civil rights complaint as frivolous before service of process and without proper consideration of the filing fee or in forma pauperis status.
• Sampson v. King
  693 F.2d 566· 5th Cir.· 1982-12-14 ·cited 20×·via 42 U.S.C. § 1983 Action
  The court held that the magistrate erred in enjoining the use of Parathion and awarding damages, as the prison officials were immune from liability and their actions did not constitute cruel and unusual punishment.
• Rosa v. Cantrell
  705 F.2d 1208· 10th Cir.· 1982-12-10 ·cited 20×
  The court held that service of process on the defendant's wife at his usual place of abode was valid, and the statute of limitations was tolled due to his absence and concealment, thus the wrongful death claim was timely commenced.
• Walker v. Prisoner Review Bd.
  694 F.2d 499· 7th Cir.· 1982-12-02 ·cited 20×·via 42 U.S.C. § 1983 Action
  The court held that a parole candidate's claim of denial of access to documents considered by the parole board is cognizable under § 1983 and that the board's own rule mandates such access, implementing due process requirements.
• Blake v. Roderic H. Katter and Steven R. King
  693 F.2d 677· 7th Cir.· 1982-11-22 ·cited 20×
  The court held that Indiana Code § 34-1-2-2 Second, a five-year statute of limitations for actions against public officers, applies to this § 1983 action, and that claims for speedy trial and excessive force were improperly dismissed.
• Est. OF Arthur Smith, Jr. v. Tarrant Cnty. Hosp. Dist.
  691 F.2d 207· 5th Cir.· 1982-11-08 ·cited 20×·via 42 U.S.C. § 1983 Action
  The court held that a summary judgment rendered without proper notice and opportunity to be heard violates procedural rules and must be vacated.
• Shadis v. Beal
  685 F.2d 824· 3d Cir.· 1982-07-20 ·cited 20×·via 42 U.S.C. § 1983 Civil Rights Claim
  Contractual provisions prohibiting legal aid organizations from requesting or accepting attorneys' fees in suits against the Commonwealth are void as contrary to the public policy underlying the Civil Rights Attorney Fees Awards Act.
• Bohumil J. Dusanek v. Hannon
  677 F.2d 538· 7th Cir.· 1982-04-26 ·cited 20×·via 42 U.S.C. § 1983 Claim For Deprivation Of Due Process
  The court held that the Board's procedures for requiring a teacher to take a medical leave of absence, rather than immediately terminating employment, satisfied due process requirements, as the teacher was offered a choice between a dismissal hearing or voluntary leave.
• Agrippa Hymes v. Harnett Cnty. Bd. OF Educ.
  664 F.2d 410· 4th Cir.· 1981-11-17 ·cited 20×
  Attorney's fees are available under 42 U.S.C. § 1988 for relief obtained through 42 U.S.C. § 1983, but not for claims solely redressable by the Education for All Handicapped Children Act (EAHCA), which provides an exclusive remedy without fee-shifting provisions. The court remand
• Jackson v. State OF Miss.
  644 F.2d 1142· 5th Cir.· 1981-05-14 ·cited 20×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in granting summary judgment on the claim that prison officials violated a prior injunction requiring careful vetting of trusty shooters, as this injunction established a clearly defined constitutional right. However, summary judgment
• Cannon v. The Univ. OF Chicago
  648 F.2d 1104· 7th Cir.· 1981-05-06 ·cited 20×·via Violation Of 42 U.S.C. § 1983
  A violation of Title IX requires allegations of intentional discrimination, not merely disparate impact, and the plaintiff failed to allege such intent.
• Chancery Clerk OF Chickasaw Cnty. v. Wallace
  646 F.2d 151· 5th Cir.· 1981-03-26 ·cited 20×
  The court held that individuals involuntarily confined in state mental institutions may bring a § 1983 action challenging the constitutionality of the commitment procedures, and that abstention was not appropriate. However, the court vacated the certification of the defendant cla
• Anne Owens v. Rush
  636 F.2d 283· 10th Cir.· 1980-12-15 ·cited 20×·via Violation Of 42 U.S.C. § 1983
  The court held that the Sheriff is an agent of the County for Title VII purposes, and therefore the County is subject to Title VII liability even if the Sheriff's department itself has fewer than 15 employees.
• First Nat'l Bank OF Omaha v. The Marquette Nat'l Bank OF Minneapolis
  636 F.2d 195· 8th Cir.· 1980-11-25 ·cited 20×
  The court held that state interference with a national bank's authority under the National Bank Act, even if contrary to the Act, does not give rise to a cause of action under 42 U.S.C. § 1983, as such authority is not a right protected by the statute and good faith lobbying and
• Hall v. Clendenin G. Quillen
  631 F.2d 1154· 4th Cir.· 1980-10-17 ·cited 20×·via 42 U.S.C. § 1983 Liability
  The court held that neither a court-appointed physician nor an attorney acting in such capacity can be considered state actors for purposes of a § 1983 claim.
• Dodson v. Polk Cnty.
  628 F.2d 1104· 8th Cir.· 1980-08-26 ·cited 20×·via 42 U.S.C. § 1983 Liability
  The dissenting judge argues that a public defender, representing an indigent defendant, does not operate under color of state law for the purposes of a 42 U.S.C. § 1983 action. The judge also believes public defenders should have absolute immunity.
• Henderson v. Fisher
  631 F.2d 1115· 3d Cir.· 1980-08-20 ·cited 20×
  The court should not decide the broad question of whether the University of Pittsburgh is a state instrumentality for all purposes.
• Lora v. Bd. OF Educ. OF the City OF NEW York
  623 F.2d 248· 2d Cir.· 1980-06-02 ·cited 20×·via Violation Of 42 U.S.C. § 1983
  A Title VI violation can occur based on discriminatory effect, not solely intent, as established in Lau v. Nichols.
• Swietlowich v. Cnty. OF Bucks & Twp. of Bristol & Harry Merker & Sgt. Stanley Martin & Sgt. Walter Hughes & Patrolman H. J. McDonough
  620 F.2d 33· 3d Cir.· 1980-04-28 ·cited 20×·via § 1983 Suit
  A party is not entitled to attorney's fees under 42 U.S.C. § 1988 unless they are a prevailing party who has essentially succeeded on a claim.
• Jeb S. Fries v. Barnes
  618 F.2d 988· 2d Cir.· 1980-04-10 ·cited 20×
  A pro se prisoner's civil rights complaint alleging a conspiracy between hospital employees and police to seize his property without consent states a claim under 42 U.S.C. § 1983 and should not have been dismissed sua sponte as frivolous.
• Green v. DeCAMP
  612 F.2d 368· 8th Cir.· 1980-01-04 ·cited 20×
  A legislative committee's report, even if critical of an individual, does not deprive that individual of a protected liberty or property interest under the Fourteenth Amendment, and the committee members and counsel are protected by legislative immunity.
• Reuben Sarabia v. Toledo Police Patrolman's Ass'n
  601 F.2d 914· 6th Cir.· 1979-06-25 ·cited 20×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court had the authority under the consent decree to suspend the 'rule of three' to effectuate the decree's affirmative action goals, and did not abuse its discretion in doing so.
• Paine v. Baker
  595 F.2d 197· 4th Cir.· 1979-03-30 ·cited 20×
  A prisoner has a limited constitutional right to have demonstrably false and prejudicial information expunged from his file, but must first seek correction from prison authorities.
• MacKey v. Stanton
  586 F.2d 1126· 7th Cir.· 1978-11-08 ·cited 20×
  The Eleventh Amendment does not bar a money judgment against a county welfare department for unlawfully withholding child support payments, as such entities are not arms of the state and can satisfy judgments from their own funds. Claims for damages are not moot and may proceed.
• Johnson v. Davis
  582 F.2d 1316· 4th Cir.· 1978-09-05 ·cited 20×·via 42 U.S.C. § 1983 Action
  The court held that the panel erred in applying a two-year statute of limitations to § 1983 actions without regard to state survivability rules.
• Delmar Lee Watson v. Dolph Briscoe
  554 F.2d 650· 5th Cir.· 1977-06-22 ·cited 20×
  The court held that claims seeking restoration of good time credits or immediate parole review are habeas corpus claims requiring exhaustion of state remedies, while claims challenging conditions of confinement may proceed. Claims of medical staff negligence do not rise to a cons
• Austin v. Brammer
  555 F.2d 142· 6th Cir.· 1977-05-20 ·cited 20×
  The court held that dismissal of the civil rights complaint was inappropriate without an evidentiary hearing on the applicability of the tolling statute for imprisonment.
• Corpus v. Estelle
  551 F.2d 68· 5th Cir.· 1977-04-22 ·cited 20×
  The court held that a state prison's prohibition on inmates providing legal assistance to each other in civil rights and general civil matters is unconstitutional if the prison fails to provide a reasonable alternative.
• Hill v. Trs. OF Ind. Univ.
  537 F.2d 248· 7th Cir.· 1976-04-05 ·cited 20×·via 42 U.S.C. § 1983 Liability
• Andrews v. Maher
  525 F.2d 113· 2d Cir.· 1975-10-24 ·cited 20×
  The court held that the district court lacked jurisdiction over the plaintiffs' claims, affirming the dismissal of the action.
• Thonen v. Jenkins
  517 F.2d 3· 4th Cir.· 1975-05-29 ·cited 20×
  The court held that the award of damages must be vacated and remanded for findings on the defendants' good faith, while affirming the award of attorney's fees.
• Davis v. Richmond
  512 F.2d 201· 1st Cir.· 1975-03-11 ·cited 20×
  The court held that the Massachusetts Boardinghouse Lien Statute, Mass.G.L. c. 255, § 23, does not constitute state action for purposes of a 42 U.S.C. § 1983 claim, even though it permits private individuals to seize property without court order.
• Jere Bishop v. Stoneman
  508 F.2d 1224· 2d Cir.· 1974-12-04 ·cited 20×·via Violation Of 42 U.S.C. § 1983
  The court held that the factual allegations in the complaint, taken as true, state a claim for relief under 42 U.S.C. § 1983 for deliberate indifference to prisoners' medical needs.
• Turner v. Impala Motors
  503 F.2d 607· 6th Cir.· 1974-09-20 ·cited 20×
  Peaceful repossession under Tennessee Code Ann. § 47-9-503 is not action under color of state law for purposes of 42 U.S.C. § 1983 or state action under the Fourteenth Amendment.
• Imbler v. Pachtman
  500 F.2d 1301· 9th Cir.· 1974-07-12 ·cited 20×·via 42 U.S.C. § 1983 Liability
  A prosecutor is absolutely immune from civil liability for acts committed in the performance of duties integral to the judicial process, even if malicious or knowing.
• Runnels v. Rosendale
  499 F.2d 733· 9th Cir.· 1974-06-21 ·cited 20×
  The court held that allegations of performing surgery without consent and denying necessary pain relief for five days after surgery are sufficient to state a claim under 42 U.S.C. § 1983, and thus summary judgment was improperly granted.