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

• Chicago & N. W. Transp. Co. v. Ulery
  787 F.2d 1239· 8th Cir.· 1986-04-02 ·cited 18×·via 42 U.S.C. § 1983 Action
  The court held that the order denying summary judgment based on qualified immunity is not immediately appealable when the defendants are private parties, not public officials.
• George Alexopulos by his next friend Marguerite Alexopulos and Marguerite Alexopulos v. Riles
  784 F.2d 1408· 9th Cir.· 1986-03-18 ·cited 18×
  The court held that the Education for All Handicapped Children Act (EAHCA) provides the sole remedy for denial of educational rights, and that claims for compensatory education are barred by the Eleventh Amendment and statutes of limitations.
• Gargiulo v. Delsole
  769 F.2d 77· 2d Cir.· 1985-07-29 ·cited 18×·via 42 U.S.C. § 1983 Action
  The court held that a jury demand on the face of a pleading complies with Fed.R.Civ.P. 38(b) and that parties do not waive their right to a jury trial by proceeding with a bench trial after the court denies their timely jury demand.
• Carroll Wayne Davis v. Hardy Wayne Forrest & Larry Marcus McNabb
  768 F.2d 257· 8th Cir.· 1985-07-17 ·cited 18×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the jury instructions on excessive force were proper and the admission of evidence regarding workers' compensation benefits was not unfairly prejudicial.
• Weldon Wiggins v. Rushen
  760 F.2d 1009· 9th Cir.· 1985-05-17 ·cited 18×
  The dissenting judge would remand the case to the district court for further fact-finding regarding whether the injunction aspect of the case is moot.
• Ganey v. Edwards
  759 F.2d 337· 4th Cir.· 1985-04-02 ·cited 18×·via 42 U.S.C. § 1983 Claim For Denial Of Access To Courts
  A plaintiff who proves a deprivation of a constitutional right is entitled to nominal damages, even without proof of actual injury.
• Lieutenant Mary Ogden v. The United States
  758 F.2d 1168· 7th Cir.· 1985-03-29 ·cited 18×
  The court held that while Chappell v. Wallace bars monetary damages claims by military personnel against superior officers, it does not preclude injunctive relief for constitutional violations.
• Munz v. Parr
  758 F.2d 1254· 8th Cir.· 1985-03-29 ·cited 18×
  The court held that the district court erred in dismissing the excessive force claim against an unnamed defendant and other claims without allowing the pro se plaintiff an opportunity to amend his complaint.
• Mark v. Caldwell
  754 F.2d 1260· 5th Cir.· 1985-03-11 ·cited 18×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the alleged slapping, even if true, did not rise to the level of severe injury required for a § 1983 excessive force claim.
• Duncan v. Mr. & Mrs. Harold Peck
  752 F.2d 1135· 6th Cir.· 1985-01-16 ·cited 18×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  The court held that res judicata does not bar a federal § 1983 action challenging the constitutionality of state procedures, and that pursuing state judicial remedies can constitute action under color of state law.
• Mayes v. Nevin C. Trammell
  751 F.2d 175· 6th Cir.· 1984-12-28 ·cited 18×
  The Tennessee parole scheme, specifically its rules, creates a liberty interest protected by the due process clause, even though the statute itself does not.
• Walden v. Wishengrad
  745 F.2d 149· 2d Cir.· 1984-09-18 ·cited 18×
  A government attorney performing duties analogous to a prosecutor, such as initiating proceedings to secure a witness's appearance, is entitled to absolute immunity from liability under 42 U.S.C. § 1983. Local governmental bodies cannot be held liable under § 1983 based on respon
• Harris v. T.J. Forsyth and F. Christensen
  742 F.2d 1277· 11th Cir.· 1984-09-14 ·cited 18×·via 42 U.S.C. § 1983 Action
  Costs may be assessed against an appellant proceeding in forma pauperis, but the decision to award costs is within the appellate court's discretion.
• Ardith McPherson v. Rankin
  736 F.2d 175· 5th Cir.· 1984-07-12 ·cited 18×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  Summary judgment was inappropriate because substantial issues of material fact exist regarding the context and intent of the plaintiff's statement, which are crucial for determining First Amendment protection.
• Grady v. Wilken
  735 F.2d 303· 8th Cir.· 1984-05-29 ·cited 18×
  The court held that the dismissal of the prisoner's claims under 42 U.S.C. § 1983 was proper, as the disciplinary actions and transfer did not violate his constitutional rights, and the mail restriction did not prejudice his access to courts.
• Irving v. Thigpen
  732 F.2d 1215· 5th Cir.· 1984-05-07 ·cited 18×
  The court held that the Mississippi parole statute does not create a constitutionally protected liberty interest, thus precluding a due process claim. However, an equal protection claim based on racial discrimination requires exhaustion of state remedies.
• Johnson v. McKASKLE
  727 F.2d 498· 5th Cir.· 1984-03-23 ·cited 18×·via 42 U.S.C. § 1983 Action
  The district court erred in dismissing a prisoner's § 1983 action with prejudice based on res judicata, as claims arising after the Ruiz v. Estelle judgment could not have been litigated in that class action.
• Parker v. The Bd. OF Sch. Comm'rs OF the City OF Indianapolis
  729 F.2d 524· 7th Cir.· 1984-03-13 ·cited 18×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the plaintiff failed to prove intentional sex discrimination under Title VII and § 1983, and that the district court did not abuse its discretion in excluding expert testimony.
• Bernstein v. Menard
  728 F.2d 252· 4th Cir.· 1984-02-24 ·cited 18×
  The court held that an appeal from a merits judgment is untimely if not filed within the prescribed period, even if attorney's fees have not yet been awarded. The court also affirmed the award of attorney's fees against the plaintiff.
• Slayton v. Willingham
  726 F.2d 631· 10th Cir.· 1984-01-27 ·cited 18×
  A nolo contendere plea in a state criminal case does not automatically bar a subsequent federal civil rights action under § 1983 for alleged constitutional violations, and the right to privacy can encompass avoiding disclosure of personal matters.
• Michael and Jane Timms v. Metro. Sch. Dist. OF Wabash Cnty.
  722 F.2d 1310· 7th Cir.· 1983-11-18 ·cited 18×
  The court held that the plaintiffs' claims under the EAHCA and Section 504 of the Rehabilitation Act were properly dismissed for failure to exhaust administrative remedies. The court also affirmed the dismissal of other claims.
• Tarleton v. Meharry Med. Coll.
  717 F.2d 1523· 6th Cir.· 1983-09-20 ·cited 18×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff sufficiently alleged a nexus between the challenged Medical Practice Plan and interstate commerce to establish Sherman Act jurisdiction, reversing the district court's dismissal on that ground. However, the court affirmed the dismissal of federal
• Ivy McFADDEN v. Detective Juan Sanchez
  710 F.2d 907· 2d Cir.· 1983-06-14 ·cited 18×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  Punitive damages in a section 1983 action must be assessed individually against each defendant, both as to liability and amount, and cannot be jointly assessed.
• Bienvenu v. Beauregard Parish Police Jury
  705 F.2d 1457· 5th Cir.· 1983-05-31 ·cited 18×
  The court held that the district court erred in summarily dismissing the pro se prisoner's complaint, which alleged conditions rising to constitutional dimensions.
• Burke v. Guiney
  700 F.2d 767· 1st Cir.· 1983-02-18 ·cited 18×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's statements did not violate the settlement agreement, thus denying contempt sanctions, and that the plaintiff is entitled to post-judgment interest. The court remanded the attorney's fees issue for further explanation.
• Edwards H. Metcalf v. Borba
  681 F.2d 1183· 9th Cir.· 1982-07-22 ·cited 18×·via 42 U.S.C. § 1983 Action
  A postjudgment request for attorney's fees under 42 U.S.C. § 1988 is not subject to the ten-day time limit of Federal Rule of Civil Procedure 59(e) or local rules governing routine costs.
• Lennie Crosby v. Bowling
  683 F.2d 1068· 7th Cir.· 1982-07-20 ·cited 18×
  The court held that the plaintiffs were prevailing parties entitled to attorney's fees under 42 U.S.C. § 1988, that no special circumstances rendered the award unjust, and that the district court did not abuse its discretion in the amount awarded.
• Redd v. Lambert
  674 F.2d 1032· 5th Cir.· 1982-05-03 ·cited 18×
  The court held that plaintiffs were not entitled to attorney's fees because their state court action did not constitute an "action or proceeding to enforce a provision of section 1983" as required by 42 U.S.C. § 1988, and the Tax Injunction Act remits plaintiffs entirely to state
• Uniformed Firefighters Ass'n, Local 94, Iaff, AFL-CIO v. The City OF NEW York
  676 F.2d 20· 2d Cir.· 1982-03-25 ·cited 18×·via Violation Of 42 U.S.C. § 1983
  The court held that the denial of seniority credits to provisional firefighters did not violate the Equal Protection Clause, and that CETA's comprehensive administrative remedies preclude claims under 42 U.S.C. § 1983.
• Brunson D. Moore v. EL Paso Cnty.
  660 F.2d 586· 5th Cir.· 1981-11-05 ·cited 18×
• Hamlin v. Warren
  664 F.2d 29· 4th Cir.· 1981-11-03 ·cited 18×
  The dissent argues that a state prisoner's claim for damages under § 1983, which does not directly attack the fact or length of confinement, should not require exhaustion of state remedies.
• Ellwest Stereo Theatre, Inc. v. Maynard Jackson
  653 F.2d 954· 5th Cir.· 1981-08-17 ·cited 18×
  The court held that the district court abused its discretion in denying attorneys' fees to prevailing parties under 42 U.S.C. § 1988 based on the cited 'special circumstances'.
• Mills v. Officer Jack Smith
  656 F.2d 337· 8th Cir.· 1981-08-12 ·cited 18×
  The court held that the district court did not err in finding the shooting accidental and that the plaintiff did not prove deliberate indifference to his medical needs, thus affirming the judgment for the defendants.
• Isiah Carl Green v. Estelle
  649 F.2d 298· 5th Cir.· 1981-06-29 ·cited 18×·via 42 U.S.C. § 1983 Claim For Cruel And Unusual Punishment
  The court held that dismissing a prisoner's complaint as 'malicious' solely because a prior, distinct complaint was pending was error, and requiring a prisoner to pay 40% of his assets for filing fees was an abuse of discretion.
• Frazier M. Gibson, Jr. v. Lynch
  652 F.2d 348· 3d Cir.· 1981-06-26 ·cited 18×
  The court held that the prisoner's confinement in administrative quarantine due to a housing shortage did not violate his Fourteenth Amendment due process rights, as New Jersey law did not create a liberty interest in avoiding such confinement.
• York v. City OF Cedartown
  648 F.2d 231· 5th Cir.· 1981-06-15 ·cited 18×
  The court held that the plaintiffs failed to state a claim under 42 U.S.C. § 1983 because their allegations of negligence and nuisance did not rise to the level of an abuse of governmental power.
• Hilary Davis v. Page
  640 F.2d 599· 5th Cir.· 1981-03-23 ·cited 18×
  The dissenting judge argues that federal habeas corpus relief is an inappropriate vehicle for addressing state child custody disputes, and that federal courts should defer to state courts in such matters.
• Harris L. Kimball v. THE Florida BAR
  632 F.2d 1283· 5th Cir.· 1980-12-18 ·cited 18×
  Federal district courts lack jurisdiction to review or reverse final state court orders, even when framed as a civil rights claim.
• Boykins v. Ambridge Area Sch. Dist.
  621 F.2d 75· 3d Cir.· 1980-05-09 ·cited 18×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in granting summary judgment because the record did not establish judgment preclusion by the Human Relations Commission and the complaint met specificity requirements for civil rights actions.
• Concerned Jewish Youth v. McGUIRE
  621 F.2d 471· 2d Cir.· 1980-03-27 ·cited 18×·via 42 U.S.C. § 1983 Action
  The court held that the police's broad, unspecific restrictions on First Amendment activity, based on an outdated order and without individualized assessment, constituted an unlawful prior restraint and violated constitutional rights.
• Havas v. Thornton
  609 F.2d 372· 9th Cir.· 1979-11-21 ·cited 18×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiffs failed to state a claim for deprivation of federally protected civil rights under 42 U.S.C. §§ 1983 and 1985, as the actions complained of, primarily involving state administrative and consumer protection proceedings, did not constitute a depriv
• Mescall v. Clark Burrus
  603 F.2d 1266· 7th Cir.· 1979-08-13 ·cited 18×
  The court held that the trial court erred in dismissing Count I, which alleged due process and equal protection violations regarding the police pension fund, but affirmed the dismissal of Counts II and III, which alleged sex and racial discrimination under 42 U.S.C. §§ 1981 and 1
• Vruno v. Schwarzwalder
  600 F.2d 124· 8th Cir.· 1979-05-24 ·cited 18×·via Violation Of 42 U.S.C. § 1983
  The court held that Minnesota Statute Chapter 364, which provides procedures for considering criminal offenders for public employment, does not create a liberty or property interest protected by the Fourteenth Amendment's due process clause.
• Gennaro Basciano v. Herkimer
  605 F.2d 605· 2d Cir.· 1978-11-15 ·cited 18×·via Violation Of 42 U.S.C. § 1983
  The court held that the City's procedure for determining eligibility for accident disability retirement benefits, as applied to the plaintiff, satisfied the requirements of due process.
• Bettye B. Pickett and Thea S. Spatz v. Newt Milam
  579 F.2d 1118· 8th Cir.· 1978-08-04 ·cited 18×
  Prevailing plaintiffs in a civil rights action are entitled to attorney fees under 42 U.S.C. § 1988, even if the defendants did not act in bad faith, as long as no special circumstances render the award unjust.
• The Princeton Cmty. Phone Book, Inc. v. Bate
  582 F.2d 706· 3d Cir.· 1978-06-23 ·cited 18×·via Violation Of 42 U.S.C. § 1983
  The court held that the claim for injunctive relief was not moot, Opinion 290 violates the First Amendment, defendants have qualified immunity for damages under § 1983, and the Sherman Act claim is barred by the state action doctrine.
• Rimmer v. The Fayetteville Police Dept.
  567 F.2d 273· 4th Cir.· 1977-12-20 ·cited 18×
  The doctrine of collateral estoppel forecloses a plaintiff from relitigating issues decided in a prior state court conviction, even in a subsequent civil rights action, provided the plaintiff had access to a federal forum for adjudication of the federal claim.
• Cannon v. Breed
  565 F.2d 1096· 9th Cir.· 1977-12-06 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that it lacked jurisdiction to review the dismissal of an alleged class action where the individual claim of the class representative had become moot and the class had not been properly certified by the district court.
• Bayou Landing, Ltd. v. Watts
  563 F.2d 1172· 5th Cir.· 1977-11-28 ·cited 18×
  The court held that the city council's actions in withholding an occupancy permit and revoking occupational licenses for adult bookstores, based on community disapproval and without proper procedural safeguards, violated the First Amendment.
• Byrd v. Gain
  558 F.2d 553· 9th Cir.· 1977-08-02 ·cited 18×·via 42 U.S.C. § 1983 Action
  The First Amendment does not guarantee police officers an unqualified right to publicly criticize their department and superiors in a manner calculated to inflame the public or adversely affect departmental morale and discipline.