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

• Laureano-Agosto v. Garcia-Caraballo
  731 F.2d 101· 1st Cir.· 1984-04-12 ·cited 16×
  The court held that the appellant's discharge did not violate his Fourteenth Amendment rights because he was an 'at will' employee and the defamatory statements were made after his termination, not in the course of it.
• Lovell v. Brennan
  728 F.2d 560· 1st Cir.· 1984-02-29 ·cited 16×
  The court held that the district court did not err in denying injunctive relief for general population inmates and in finding that the revised protective custody criteria did not unreasonably expose inmates to violence.
• Campbell v. W.R. Bowlin
  724 F.2d 484· 5th Cir.· 1984-02-06 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court held that a post-judgment motion for attorney's fees is not a Rule 59(e) motion, thus not triggering the need for a new notice of appeal. The court also held that a directed verdict was inappropriate where credibility determinations were necessary.
• Wentz v. Klecker
  721 F.2d 244· 8th Cir.· 1983-11-16 ·cited 16×
  The court held that a state official acting in good faith, based on the advice of counsel, is immune from personal liability for damages related to a due process violation, even if the advice was erroneous.
• Heath v. Cleary
  708 F.2d 1376· 9th Cir.· 1983-06-17 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court held that exhaustion of administrative remedies is not a prerequisite for a § 1983 action, and collateral estoppel does not bar the action because the state court did not decide the substantive issues.
• Hornick v. Noyes
  708 F.2d 321· 7th Cir.· 1983-06-03 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the dismissal of individual defendants for failure to meet statutory notice requirements and affirmed the judgment for the YWCA, finding no violation of Title II of the Civil Rights Act of 1964.
• Meyerson v. The State OF Ariz.
  709 F.2d 1235· 9th Cir.· 1983-05-09 ·cited 16×·via Violation Of 42 U.S.C. § 1983
• Battle v. Park Anderson
  708 F.2d 1523· 10th Cir.· 1983-05-06 ·cited 16×·via 42 U.S.C. § 1983 Action
  A court should exercise supervisory power over a prison system until it can assure not only that constitutional violations do not presently exist, but also that there is no reasonable expectation that unconstitutional conditions will recur.
• Lowrie v. Goldenhersh
  716 F.2d 401· 7th Cir.· 1983-01-24 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court had jurisdiction to hear the plaintiff's general constitutional challenges to the Illinois bar admission rule, but affirmed the district court's dismissal of the claim for failure to state a claim upon which relief could be granted.
• LaCarttle Jones v. Franzen
  697 F.2d 801· 7th Cir.· 1983-01-18 ·cited 16×
  The court held that the district court erred in issuing an injunction because the prisoner failed to demonstrate that the prison's copying policy impeded his constitutional right of access to the courts.
• Barbian v. Constantine Panagis & the City of Milwaukee
  694 F.2d 476· 7th Cir.· 1982-11-30 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The appellate court affirmed the trial court's denial of a motion to interview jurors, holding that the information presented did not establish a sufficient basis to question the verdict's integrity.
• Williams v. Dallas Cnty. Comm'rs
  689 F.2d 1212· 1st Cir.· 1982-10-25 ·cited 16×
  A state prisoner's claim attacking the constitutionality of his incarceration due to discriminatory jury selection is cognizable only through habeas corpus, not under § 1983, and must first exhaust state remedies.
• Cooper v. Singer
  689 F.2d 929· 10th Cir.· 1982-09-30 ·cited 16×
  A contingent fee agreement does not bar recovery of attorney's fees under § 1988, and the agreed-upon fee does not constitute the maximum allowable fee.
• Fletcher Altman Smith v. Heath
  691 F.2d 220· 6th Cir.· 1982-09-29 ·cited 16×
  The court held that a supervisory official cannot be held liable under § 1983 for the actions of subordinates unless the supervisor personally participated in or affirmatively authorized the misconduct.
• Flower CAB Co. & Checker Taxi Co., Inc. v. Petitte
  685 F.2d 192· 7th Cir.· 1982-08-04 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court declined to vacate its previously granted stay of a preliminary injunction, finding the appellees' cited cases inapposite.
• Edwards v. Ark. Power & Light Co.
  683 F.2d 1149· 8th Cir.· 1982-07-08 ·cited 16×
  The court applies Pullman abstention, finding unsettled state law questions regarding res judicata and bad-faith claims may determine the federal due process claim.
• Hurie Jones v. Orleans Parish Sch. Bd.
  679 F.2d 32· 5th Cir.· 1982-06-21 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that the racial discrimination claims under §§ 1981 and 1983 were time-barred, but the due process claim was not. The Title VII claim was affirmed as the plaintiff failed to prove racial discrimination.
• Nilsen v. The City OF Moss Point
  674 F.2d 379· 5th Cir.· 1982-04-26 ·cited 16×
• Pomerantz v. Cnty. OF LOS Angeles
  674 F.2d 1288· 9th Cir.· 1982-04-19 ·cited 16×
  The court held that quasi-judicial immunity bars damages claims and that most injunctive claims were moot, but reversed the denial of an injunction for immediate jury list placement, remanding for consideration of the constitutional claim.
• Harris v. Bailey
  675 F.2d 614· 4th Cir.· 1982-04-18 ·cited 16×
  The court held that the garnishment of Social Security benefits, though settled, presented a justiciable controversy capable of repetition yet evading review, thus reversing the dismissal for mootness. The court also affirmed the dismissal of the Attorney General as a party.
• Hillis v. Stephen F. Austin State Univ.
  665 F.2d 547· 5th Cir.· 1982-01-11 ·cited 16×·via Section 1983
  The court held that the district court clearly erred in its factual findings regarding the plaintiff's First Amendment claims and that the plaintiff would not have been renewed regardless of any protected activity.
• Laurenzo v. Miss. High Sch. Activities Ass'n, Inc.
  662 F.2d 1117· 5th Cir.· 1981-12-03 ·cited 16×
  The court held that while the complaint alleged sufficient facts to support federal jurisdiction based on family choice and conclusive presumption arguments, the case is now moot because the challenged ineligibility period has expired and the student has likely graduated.
• Wiggins v. NEW Mexico State Supreme Court Clerk
  664 F.2d 812· 10th Cir.· 1981-11-24 ·cited 16×
  The court held that a prisoner's pro se civil rights complaint alleging constitutional deprivations should not be dismissed unless it appears beyond doubt that no relief can be granted.
• Kosikowski v. Bourne
  659 F.2d 105· 9th Cir.· 1981-09-28 ·cited 16×
  The court held that the Oregon Tort Claims Act's two-year statute of limitations applies to actions brought under 42 U.S.C. § 1983, and that the plaintiffs' claims were time-barred. The court affirmed the dismissal of the actions.
• Tonti v. Petropoulous
  656 F.2d 212· 6th Cir.· 1981-07-27 ·cited 16×
  The Sixth Circuit affirmed the district court's directed verdict for the defendants and its award of attorney fees, finding that the federal court lacked jurisdiction and that Tonti's claims were barred by res judicata and lacked evidentiary support.
• Kelsey v. Dr. Ewing
  652 F.2d 4· 8th Cir.· 1981-06-24 ·cited 16×
  The court held that the district court erred in dismissing the inmate's complaint, as sufficient unrebutted allegations raised genuine factual issues regarding unconstitutional medical care.
• Greyling Byron Poats v. Givan
  651 F.2d 495· 7th Cir.· 1981-06-10 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that Indiana's rule limiting bar examination attempts to four is constitutional and satisfies due process and equal protection requirements.
• Muhammad v. Rowe
  638 F.2d 693· 7th Cir.· 1981-04-13 ·cited 16×
  The court held that the plaintiff raised issues of material fact entitling him to a hearing, especially given the denial of counsel and lack of notice regarding opposing affidavits.
• Cole v. Gray
  638 F.2d 804· 5th Cir.· 1981-03-02 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that executive defendants Gray and Cummings were protected by qualified immunity, while state legislators Jones and Holmes were not immune for actions outside the legislative process and lacked sufficient evidence for a conspiracy claim.
• Garcia v. Irba Cruz de Batista
  642 F.2d 11· 1st Cir.· 1981-02-26 ·cited 16×·via 42 U.S.C. § 1983 Claim For Deprivation Of Due Process
  The court held that the plaintiff's allegations, combined with the existence of disciplinary regulations and established penal practice, were sufficient to state a claim for a constitutionally protectible liberty interest in remaining in the halfway house program.
• Robert M. v. Benton
  634 F.2d 1139· 8th Cir.· 1980-12-01 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that an employee of a state educational agency, even if not directly involved in a child's education, is prohibited from conducting a due process hearing under the Education for All Handicapped Children Act if the agency is involved in the child's education.
• Loughney v. Hickey
  635 F.2d 1063· 3d Cir.· 1980-11-07 ·cited 16×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the district court's judgment should be vacated and the case remanded for reconsideration in light of the Supreme Court's subsequent decision in Branti v. Finkel, which established a new test for political discharge claims.
• Imam ALI Abdullah Akbar v. Canney
  634 F.2d 339· 6th Cir.· 1980-11-05 ·cited 16×·via 42 U.S.C. § 1983 Civil Rights Claim
  Prison officials are not constitutionally required to change their records to reflect a prisoner's adopted name.
• Donnie Ray Clay v. Miller
  626 F.2d 345· 4th Cir.· 1980-07-16 ·cited 16×
  The court held that the exercise opportunities provided at Halifax County Jail satisfied minimum constitutional and state standards, and thus summary judgment for the defendant was proper.
• Int'l Oceanic Enters. v. Menton
  614 F.2d 502· 5th Cir.· 1980-03-27 ·cited 16×
  A prevailing party in a § 1983 action is entitled to attorneys' fees under § 1988 unless special circumstances render an award unjust, and factors like the financial interests involved or the defendants' status as mere functionaries do not constitute such circumstances.
• Kelsey v. State OF Minn.
  622 F.2d 956· 8th Cir.· 1980-03-18 ·cited 16×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that a prisoner's constitutional right of access to the courts can be satisfied by adequate alternative means, even if the prison law library is inadequate.
• Patsy v. Fla. Int'l Univ.
  612 F.2d 946· 5th Cir.· 1980-02-28 ·cited 16×
  Exhaustion of administrative remedies is not a prerequisite for a 42 U.S.C. § 1983 suit.
• Whitley v. Seibel
  613 F.2d 682· 7th Cir.· 1980-01-25 ·cited 16×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that a plaintiff's failure to present an alibi at a preliminary hearing is relevant to a subsequent civil rights claim, and the trial court's instruction to the contrary was reversible error.
• Mahoning Women's Ctr. v. Hunter
  610 F.2d 456· 6th Cir.· 1979-12-18 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  A city ordinance imposing costly and unnecessary medical and building code regulations on first-trimester abortion clinics is invalid because it unduly burdens a woman's constitutional right to choose an abortion and denies equal protection.
• Sala v. Cnty. OF Suffolk
  604 F.2d 207· 2d Cir.· 1979-08-17 ·cited 16×·via 42 U.S.C. § 1983 Liability
  The court held that a municipality is afforded immunity from damages under § 1983 when its policy was not constitutionally infirm under then-existing law and there was no evidence of bad faith by those formulating the policy.
• Sydney Spiegel v. Sch. Dist. NO. 1
  600 F.2d 264· 10th Cir.· 1979-06-14 ·cited 16×
  The court held that the plaintiff's federal civil rights claim was barred by the statute of limitations because he failed to file within two years of his termination, and his prior state court action did not toll the limitations period.
• Louie F. BAY v. W. Pac. R.R. Co.
  595 F.2d 514· 9th Cir.· 1979-04-19 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  Section 55 of the Federal Employer's Liability Act (FELA) does not create a private cause of action for employees; it only voids contracts or devices that attempt to exempt a carrier from FELA liability.
• Bennie G. Carr v. Watts
  597 F.2d 830· 2d Cir.· 1979-04-17 ·cited 16×
  The court held that the trial court's procedure for jury selection impermissibly impaired the plaintiff's statutory right to exercise peremptory challenges.
• Annabel Stoddard v. Sch. Dist. NO. 1
  590 F.2d 829· 10th Cir.· 1979-01-05 ·cited 16×
  The court held that a school district could be liable under 42 U.S.C. § 1983 for the actions of its Board of Trustees, and that a jury's finding of bad faith and constitutionally impermissible reasons for non-renewal, despite a general verdict against individual defendants, could
• Lang v. Wyrick
  590 F.2d 257· 8th Cir.· 1978-12-19 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court did not abuse its discretion in denying the motion to set aside the judgment of dismissal.
• Smith v. Conley
  584 F.2d 844· 8th Cir.· 1978-09-11 ·cited 16×
  The court held that the trial court did not abuse its discretion in excluding expert testimony as improper rebuttal evidence.
• Martin v. Euda Delcambre
  578 F.2d 1164· 5th Cir.· 1978-08-25 ·cited 16×
  The court held that a plaintiff is collaterally estopped from relitigating facts underlying a § 1983 claim if those facts were resolved against him in a prior, valid state court conviction.
• Claudio Bauza v. Carrion
  578 F.2d 447· 1st Cir.· 1978-06-20 ·cited 16×·via Violation Of 42 U.S.C. § 1983
  The court held that the school's admissions practices, even if deviating from published regulations, did not violate the Fourteenth Amendment's equal protection or due process clauses without evidence of intentional discrimination or a deprivation of a clearly established entitle
• Jones v. City OF SAN Antonio
  568 F.2d 1224· 5th Cir.· 1978-03-06 ·cited 16×
  The court affirmed the district court's grant of summary judgment for the City and the award of costs.
• Jamison v. McCURRIE
  565 F.2d 483· 7th Cir.· 1977-11-18 ·cited 16×
  The court held that the dismissal of the City was proper and a comment by the trial judge about a pending state court suit was not prejudicial enough to warrant a new trial.