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

• Hines v. Sgt. William Boothe
  841 F.2d 623· 5th Cir.· 1988-04-06 ·cited 16×
  The court held that negligence in losing legal mail does not state a claim under 42 U.S.C. § 1983, and alleged physical abuse by prison guards did not rise to the level of a constitutional claim.
• Auster OIL & GAS, Inc. v. Matilda Gray Stream
  835 F.2d 597· 5th Cir.· 1988-01-14 ·cited 16×
  The court held that Mrs. Stream was not liable, but Carmouche, Spook Stream, and M.G.S. were liable for the Fourth Amendment violation. A new trial is required for actual and punitive damages due to instructional error and excessive awards indicating passion and prejudice.
• Wheeler v. City OF Pleasant Grove
  833 F.2d 267· 11th Cir.· 1987-12-01 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that the proper measure of damages for a temporary regulatory taking is the lost income-producing potential of the property, not the difference in market value before and after the taking.
• Stevens v. Corbell
  832 F.2d 884· 5th Cir.· 1987-11-25 ·cited 16×
  The court held that the district court's grant of a new trial was legally erroneous because the jury instructions misstated the law regarding excessive force claims under § 1983, and this error did not deprive the officers of their qualified immunity defense.
• Garrett v. Rader
  831 F.2d 202· 10th Cir.· 1987-10-13 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The court held that the law requiring protection of personal security for inmates was clearly established at the time of the inmate's death, thus denying qualified immunity at the summary judgment stage.
• Watertown Equip. Co. & Edward Moe, Jr. v. Norwest Bank Watertown, N.A.
  830 F.2d 1487· 8th Cir.· 1987-10-08 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court held that the South Dakota attachment statute, as applied, violated clearly established due process rights, and therefore the defendants were not entitled to qualified immunity.
• McCONNELL v. Adams
  829 F.2d 1319· 4th Cir.· 1987-10-01 ·cited 16×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that while the failure to reappoint registrars based on political affiliation violated their constitutional rights, the officials were entitled to qualified immunity from damages, and the state was protected by Eleventh Amendment immunity from paying official capac
• Smith v. Detroit Fed'n OF Teachers, Local 231, Am. Fed'n OF Teachers, AFL-CIO
  829 F.2d 1370· 6th Cir.· 1987-09-29 ·cited 16×
  The court held that by failing to object to the magistrate's recommendation that individual plaintiffs not be liable for attorney fees, the defendant waived that argument on appeal. The court also held that the district court did not abuse its discretion in declining to assess at
• Hynson v. The City OF Chester & Lastowka
  827 F.2d 932· 3d Cir.· 1987-09-02 ·cited 16×
  A municipal corporation cannot assert qualified immunity, but an individual official may if their conduct did not violate clearly established constitutional rights.
• LAC Courte Oreilles Band OF Lake Superior Chippewa Indians v. State OF Wis.
  829 F.2d 601· 7th Cir.· 1987-08-31 ·cited 16×
  The court held that the State of Wisconsin's appeal from the district court's refusal to dismiss claims and from an interim award of attorney's fees was not properly before the court and dismissed the appeal.
• Commonwealth Bank & Tr. Co., N.A. v. Dale "Bill" Russell
  825 F.2d 12· 3d Cir.· 1987-08-10 ·cited 16×
  The court held that the plaintiffs' claim under 42 U.S.C. § 1983 was too remote a consequence of the defendants' actions to establish liability, as the Lents were members of the general public and not in a special relationship with the county officials.
• Lopez v. Houston Indep. Sch. Dist.
  817 F.2d 351· 5th Cir.· 1987-05-26 ·cited 16×
  Summary judgment for the school district and supervisors was proper, but summary judgment for the bus driver was not, as genuine issues of material fact exist regarding his liability under 42 U.S.C. § 1983 for callous indifference.
• Cameron v. City OF Pontiac
  813 F.2d 782· 6th Cir.· 1987-03-13 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court held that the officers' use of deadly force did not constitute a seizure under the Fourth Amendment because the decedent was not physically restrained, and the use of firearms was not the proximate cause of his death.
• Mabry v. The State Bd. OF Cmty. Colleges & Occupational Educ. & Gordon Dickinson
  813 F.2d 311· 10th Cir.· 1987-03-09 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that a prior finding of no sex discrimination under Title VII, after a full opportunity for litigation, precludes a subsequent Title IX claim based on the same facts and legal standard.
• Daggett v. Kimmelman
  811 F.2d 793· 3d Cir.· 1987-02-12 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the district court's fee award for the pre-remedy phase and hourly rates, but remanded the remedy phase for further findings on whether time was spent on achieving population equality or political advantage.
• Paisey v. Honorable Linda L. Vitale
  807 F.2d 889· 11th Cir.· 1986-12-23 ·cited 16×·via Section 1983
  The court held that merely filing a state court action, even if retaliatory, does not constitute "under color of state law" for a Section 1983 claim, and thus the plaintiff failed to state a claim for injunctive relief.
• Graham v. Nat'l Collegiate Athletic Ass'n
  804 F.2d 953· 6th Cir.· 1986-11-06 ·cited 16×
  The court held that plaintiffs failed to state a claim under 42 U.S.C. § 1983 because their claims against the NCAA lacked state action and claims against the University were barred by the Eleventh Amendment.
• Valentine v. Joliet Twp. High Sch. Dist. NO. 204
  802 F.2d 981· 7th Cir.· 1986-10-08 ·cited 16×
  A public school employee does not have a property interest in a specific extra-pay position, such as a guidance counselor, absent a clear statutory, contractual, or mutually explicit understanding, and therefore is not entitled to due process before being denied recall to that po
• In re Lane
  801 F.2d 1040· 8th Cir.· 1986-09-24 ·cited 16×
  The court held that a writ of mandamus is not appropriate because the petitioner has adequate alternative remedies and has not shown a clear right to appointed counsel or a trial date, as the decision to appoint counsel is within the magistrate's discretion.
• Gladys Banks v. Chesapeake & Potomac Tel. Co.
  802 F.2d 1416· D.C. Cir.· 1986-09-05 ·cited 16×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the reasoning in Section II of the majority opinion was flawed regarding the application of Wilson v. Garcia to section 1981 actions.
• Dorr v. Cnty. OF Butte
  795 F.2d 875· 9th Cir.· 1986-07-30 ·cited 16×
  A probationary public employee in California does not possess a property right in continued employment absent specific personnel rules creating a substantial restriction on decisionmaking.
• Perry v. Larson
  794 F.2d 279· 7th Cir.· 1986-06-23 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court affirmed the jury's verdict, holding that there was sufficient evidence to support findings of political retaliation, improper evidentiary rulings did not deny a fair trial, and damages were properly calculated.
• Nat'l Commc'n Sys., Inc. v. Mich. Pub. Serv. Comm'n
  789 F.2d 370· 6th Cir.· 1986-04-25 ·cited 16×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  The court held that plaintiffs failed to state a claim under 42 U.S.C. § 1983 for deprivation of property without due process because they did not plead the inadequacy of state remedies. The court also held that the equal protection claim under § 1985(3) failed because the plaint
• Williams v. Kobel
  789 F.2d 463· 7th Cir.· 1986-04-16 ·cited 16×
  The court held that the district court abused its discretion in awarding attorney's fees to the prevailing defendants because the plaintiff's section 1983 action was not frivolous, unreasonable, or without foundation.
• Little v. Norris
  787 F.2d 1241· 8th Cir.· 1986-04-02 ·cited 16×
  The court held that the district court did not err in granting summary judgment for prison officials, as the challenged prison policies did not violate the inmate's constitutional rights.
• Lesher v. The Hon. Frank G. Lavrich
  784 F.2d 193· 6th Cir.· 1986-02-18 ·cited 16×
  The court held that the appellants' constitutional claims were barred by res judicata, and the Adoption Assistance Act claim did not provide a private right of action for retrospective relief.
• Gibbs v. King
  779 F.2d 1040· 5th Cir.· 1986-01-02 ·cited 16×
  The court held that a prisoner's due process rights were violated by a disciplinary conviction for violating an unposted policy, requiring remand for factual findings. However, other due process claims, First Amendment challenges to a disciplinary rule, and harassment claims were
• Rumery v. Town OF Newton
  778 F.2d 66· 1st Cir.· 1985-12-02 ·cited 16×
  A covenant not to sue public officials for alleged deprivations of constitutional rights, executed in exchange for a decision not to prosecute criminal charges, is void ab initio as against public policy.
• Deane v. Dunbar
  777 F.2d 871· 2d Cir.· 1985-11-26 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The court held that prison officials are not liable under 42 U.S.C. § 1983 for placing inmates in protective custody without due process because the law regarding prisoners' procedural rights was not clearly established at the time of the conduct.
• Ross v. Franzen
  777 F.2d 1216· 7th Cir.· 1985-11-20 ·cited 16×
  The court should not sanction one prisoner suing on behalf of another, and the case should be dismissed.
• William T.M. Johnson v. Lincoln Univ. OF the Commonwealth Sys. OF Higher Educ.
  776 F.2d 443· 3d Cir.· 1985-11-06 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in concluding that Dr. Johnson's activities did not involve matters of public concern and that the case should be remanded for further factual development regarding whether his speech was protected and whether it motivated his terminat
• van Ooteghem v. Hartsell Gray
  774 F.2d 1332· 5th Cir.· 1985-10-29 ·cited 16×·via 42 U.S.C. § 1983 Liability
  A Texas county is liable for its Treasurer's unconstitutional firing of an employee, but reinstatement is not appropriate when a new Treasurer with appointment power has been elected; attorney fees were improperly calculated.
• Wagner v. The Metro. Nashville Airport Auth.
  772 F.2d 227· 6th Cir.· 1985-09-06 ·cited 16×
  The court held that the plaintiff failed to show the requisite state action to maintain a section 1983 claim.
• Zellmer Fromm and Marilyn Tucker v. Rosewell
  771 F.2d 1089· 7th Cir.· 1985-08-29 ·cited 16×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that principles of comity and the Tax Injunction Act bar federal court review of state tax assessment disputes when adequate state remedies exist. The taxpayer objection procedure in Illinois is considered such a remedy.
• Paradise v. Prescott
  767 F.2d 1514· 11th Cir.· 1985-08-12 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the district court's order requiring one black trooper to be promoted for each white trooper until 25% of the rank is black or a lawful promotion plan is in place, finding it a necessary and reasonable remedy for persistent effects of past discrimination.
• Lewis v. Thigpen
  767 F.2d 252· 5th Cir.· 1985-08-08 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court held that the trial court abused its discretion in denying a pro se litigant's untimely jury trial demand based on ignorance of procedural rules, and that the harmless error analysis could not be applied without resolving the liberty interest issue.
• Bone v. City OF Lafayette
  763 F.2d 295· 7th Cir.· 1985-05-29 ·cited 16×
  A § 1983 claim based on defamation requires a deprivation of a constitutionally protected property or liberty interest beyond the injury to reputation itself. Injury to reputation alone is not sufficient.
• Porm v. White
  762 F.2d 635· 8th Cir.· 1985-05-16 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court held that the evidence presented was sufficient to allow a jury to find that Dewey Tindle was deliberately indifferent to a pervasive risk of harm to inmate Porm, but not that Superintendent Carl White was deliberately indifferent.
• King v. Wells
  760 F.2d 89· 6th Cir.· 1985-04-12 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that a prison official's policy of automatically excluding inmate witness testimony violates due process, and that a reduction in attorney fees for duplication of services was an abuse of discretion when only one attorney was employed.
• Hubbard v. White
  755 F.2d 692· 8th Cir.· 1985-02-28 ·cited 16×
  The court held that the trial court did not commit prejudicial error in denying a change of venue, refusing to allow impeachment testimony, or denying a motion for judgment notwithstanding the verdict.
• Young v. City OF NEW Orleans
  751 F.2d 794· 5th Cir.· 1985-02-01 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  The court affirmed the district court's rulings, finding no abuse of discretion in excluding expert testimony, granting directed verdicts on negligence claims, denying a new trial for inadequate damages, and dismissing counterclaims.
• Lemuel Smith v. Coughlin
  748 F.2d 783· 2d Cir.· 1984-11-16 ·cited 16×
  The court held that while most conditions of confinement in the Unit of Condemned Persons were constitutional, the ban on visits by paralegals employed by the inmate's attorney violated the Sixth Amendment, entitling the inmate to nominal damages.
• In re the Est. OF Michael Patrick Smith v. Heckler
  747 F.2d 583· 10th Cir.· 1984-10-29 ·cited 16×
  The Secretary of Health and Human Services has a statutory duty to develop and implement a system that ensures nursing facilities receiving federal funds provide high-quality patient care, not just theoretical capability.
• Banas v. Dempsey
  742 F.2d 277· 6th Cir.· 1984-08-22 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in dismissing the cases on mootness and Eleventh Amendment grounds, and that Quern-type notice relief is permissible ancillary relief to prospective injunctions.
• Diggs v. Superintendent Edmond Lyons
  741 F.2d 577· 3d Cir.· 1984-07-30 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  The majority opinion creates a circuit split by holding that in civil cases, the admission of prior felony convictions for impeachment of any witness is mandatory, outside the discretion of Rule 403.
• Stone v. City OF Chicago
  738 F.2d 896· 7th Cir.· 1984-07-20 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that jury verdicts were not inconsistent and that the jury instruction regarding the burden of proof for defenses was not erroneous.
• Kollsman v. City OF LOS Angeles
  737 F.2d 830· 9th Cir.· 1984-07-17 ·cited 16×
  The court held that the district court should have abstained from deciding state law claims concerning land use planning regulations, as these issues were complex, uncertain, and sensitive areas of social policy best left to state courts.
• Lewis v. Blackburn
  734 F.2d 1000· 4th Cir.· 1984-05-17 ·cited 16×
  The dissenting judge would reverse the district court's judgment, finding that the employee's complaints were based on personal self-interest rather than matters of public concern, and thus not protected by the First Amendment.
• Almendral v. NEW York State Off. OF Mental Health
  743 F.2d 963· 2d Cir.· 1984-05-11 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in refusing to consider post-EEOC filing conduct for Title VII and Section 1981 claims, but correctly dismissed state law claims due to the Eleventh Amendment.
• Giglio v. Dunn
  732 F.2d 1133· 2d Cir.· 1984-04-20 ·cited 16×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  A pre-coercion hearing is not constitutionally required when a post-deprivation remedy, such as an Article 78 proceeding, is available and provides a meaningful opportunity to challenge the voluntariness of a resignation.