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

• Nat'l Org. FOR THE Reform OF Marijuana Laws v. Mullen
  828 F.2d 536· 9th Cir.· 1987-09-21 ·cited 14×·via Violation Of 42 U.S.C. § 1983
  The court held that the order appointing a special master is not appealable as a modification of an injunction, but can be reviewed via writ of mandamus. The court also held that the federal entities participating in CAMP can be required to pay the master's fees.
• RR Vill. Ass'n, Inc. v. Denver Sewer Corp. & Town of Roxbury (N.Y.)
  826 F.2d 1197· 2d Cir.· 1987-08-26 ·cited 14×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  The dissenting judge argues that the court erred by not notifying the New York Attorney General of the constitutional challenge to N.Y.Transp.Corp.L. § 121 and by failing to consider abstention under state law.
• Cassettari v. Cnty. OF Nev.
  824 F.2d 735· 9th Cir.· 1987-08-10 ·cited 14×
  A Fifth Amendment taking claim is premature until state compensation procedures have been utilized and denied. A Section 1983 claim requires a deprivation of a federal right, which does not occur until just compensation is denied after exhausting state remedies.
• Ray v. Sch. Dist. of DeSoto Cnty.
  666 F. Supp. 1524· M.D. Fla.· 1987-08-05 ·cited 14×
  The court denied the motion for a preliminary injunction, finding that the plaintiffs had not demonstrated a likelihood of success on the merits regarding the exclusion of HIV-positive hemophiliac children from regular classrooms.
• Clark v. Maurer
  824 F.2d 565· 7th Cir.· 1987-07-16 ·cited 14×·via Violation Of 42 U.S.C. § 1983
• Pliska v. City OF Stevens Point
  823 F.2d 1168· 7th Cir.· 1987-07-14 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that the district court correctly applied res judicata to bar constitutional challenges to the ordinances, and that the jury's finding of reasonable suspicion for the investigatory stop was supported by sufficient evidence.
• Sheets v. Johnson
  816 F.2d 1213· 8th Cir.· 1987-04-27 ·cited 14×
  The court held that grievance procedures, without more, do not create a property interest in continued employment sufficient to trigger due process protections.
• Tafoya v. Adams
  816 F.2d 555· 10th Cir.· 1987-04-21 ·cited 14×
  The court held that the plaintiff's complaint did not allege race discrimination under § 1981, and therefore, his § 1983 claim also failed, affirming the dismissal of these claims.
• Scrivner v. Andrews
  816 F.2d 261· 6th Cir.· 1987-04-20 ·cited 14×·via 42 U.S.C. § 1983 Cause Of Action
  The Adoption Assistance Act does not create a federal statutory right to "meaningful visitation" enforceable under 42 U.S.C. § 1983, and the mother's due process claim failed as she ultimately received a hearing.
• Brinkmann v. Dallas Cnty. Deputy Sheriff Abner
  813 F.2d 744· 5th Cir.· 1987-04-08 ·cited 14×
  The court affirmed the grant of summary judgment for the counselor based on judicial immunity and the dismissal of claims against the county and deputies for failure to comply with court orders.
• Ochoa Realty Corp. v. Faria
  815 F.2d 812· 1st Cir.· 1987-04-06 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that the appeal of the remand order is unreviewable, the claims for equitable relief were moot, and the damage claims were premature due to failure to exhaust state remedies.
• Lappe v. Loeffelholz
  815 F.2d 1173· 8th Cir.· 1987-04-01 ·cited 14×
  The court held that prison officials were protected by qualified immunity because the law regarding the forced administration of psychotropic medication to an inmate on outpatient status was not clearly established at the time of the incident.
• Palmer v. City OF Decatur
  814 F.2d 426· 7th Cir.· 1987-03-12 ·cited 14×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that dismissing a pro se, incarcerated plaintiff's case with prejudice for failure to obtain counsel and respond to a motion within a short timeframe, without adequate notice, constituted an abuse of discretion.
• Fields v. City OF Omaha
  810 F.2d 830· 8th Cir.· 1987-02-09 ·cited 14×
  The court held that the Omaha loitering and prowling ordinance is unconstitutionally vague on its face and that the arresting officer lacked reasonable suspicion to stop the plaintiff, thus violating her constitutional rights.
• Magee v. G.W. Waters
  810 F.2d 451· 4th Cir.· 1987-02-04 ·cited 14×
  The court held that summary judgment for the defendant regarding the plaintiff's claim of constitutionally inadequate jail law library facilities was premature.
• Sullivan v. The City OF Pittsburgh
  811 F.2d 171· 3d Cir.· 1987-01-23 ·cited 14×
  The court held that the federal plaintiffs had standing, the district court did not err in refusing to abstain, the statute of limitations did not bar the claims, and the district court did not violate the Full Faith and Credit Act.
• Delmus Punton v. The City OF Seattle
  805 F.2d 1378· 9th Cir.· 1986-12-09 ·cited 14×
  The Washington state court judgment reinstating Punton and awarding back pay does not preclude him from bringing a separate § 1983 action for damages and attorney's fees.
• Monaghan v. Deakins
  798 F.2d 632· 3d Cir.· 1986-07-31 ·cited 14×
  The court held that Younger abstention did not require dismissal of the plaintiffs' claims for damages and return of property, but affirmed the denial of a preliminary injunction.
• Freeman v. Blair
  793 F.2d 166· 8th Cir.· 1986-06-04 ·cited 14×·via Section 1983
  The court held that the officials were not entitled to absolute immunity for decisions to inspect without a warrant or for license suspensions, and that the law regarding warrantless administrative searches and due process for license suspensions was clearly established, thus den
• Crossman v. MacCoccio
  792 F.2d 1· 1st Cir.· 1986-05-21 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that a judgment is final for appeal purposes even if costs and attorney's fees have not been determined, especially when such fees are collateral to the main action.
• Bass v. Jackson
  790 F.2d 260· 2d Cir.· 1986-05-13 ·cited 14×
  The court held that the plaintiff's allegations, liberally construed, stated a claim for deliberate indifference to a known risk of harm and that the complaint sufficiently implicated supervisory officers Waters and Spinner in this claim.
• Muckway v. Vance Craft
  789 F.2d 517· 7th Cir.· 1986-04-23 ·cited 14×
  A plaintiff alleging a violation of state law through a government entity's failure to enforce that law must demonstrate intentional, purposeful discrimination and a denial of a right secured by the federal constitution to state a federal equal protection claim.
• Billy K. Banks v. Burkich
  788 F.2d 1161· 6th Cir.· 1986-04-18 ·cited 14×
  Federal courts possess the equitable power to order reinstatement for employees unlawfully discharged or demoted due to constitutionally protected activities, and such power is not limited by state law or potential workplace friction.
• Sharpley v. C.W. Davis
  786 F.2d 1109· 11th Cir.· 1986-04-15 ·cited 14×
  Federal courts must give full faith and credit to state court judgments, precluding litigation of issues that were or could have been raised in state proceedings.
• Checki v. Webb
  785 F.2d 534· 5th Cir.· 1986-03-24 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that the claim arose in both the Eastern and Middle Districts of Louisiana, making venue proper in the Eastern District where the suit was filed.
• Ardith McPherson v. Rankin
  786 F.2d 1233· 5th Cir.· 1986-03-19 ·cited 14×
  A government employee's ministerial role and the triviality of potential disruption outweigh the government's interest in terminating employment for a statement expressing a wish for the President's assassination, even if the statement is considered a genuine wish.
• DeNARDO v. Murphy
  781 F.2d 1345· 9th Cir.· 1986-01-30 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's civil rights claim was barred by the statute of limitations and affirmed the district court's injunction against relitigating the claim.
• Scarpa v. Murphy
  782 F.2d 300· 1st Cir.· 1986-01-28 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that the postal service's delay constituted excusable neglect or good cause for extending the time to file a notice of appeal.
• Shelby v. J.D. McADORY
  781 F.2d 1053· 5th Cir.· 1986-01-07 ·cited 14×
  The court held that the plaintiff's civil rights claim was time-barred by the one-year statute of limitations for § 1983 actions in Mississippi.
• Cook v. Peter Kiewit Sons Co.
  775 F.2d 1030· 9th Cir.· 1985-10-31 ·cited 14×
  The court held that a district court retains jurisdiction to enjoin repetitive litigation of issues previously adjudicated, even if the current suit is dismissed for lack of subject matter jurisdiction, and that attorney fees were properly awarded for frivolous filings.
• Carbonell v. La. Dept. OF Health & Human Res.
  772 F.2d 185· 5th Cir.· 1985-10-03 ·cited 14×
  The court affirmed the dismissal of all claims, finding no merit in the § 1981 claim, lack of jurisdiction for the § 1983 claim, and no evidence of discrimination for the Title VII claim.
• Wright v. City of Roanoke Redev. & Hous. Auth.
  771 F.2d 833· 4th Cir.· 1985-08-26 ·cited 14×
  The court held that the analysis for a § 1983 cause of action is distinct from the analysis for an implied private right of action, and the district court erred by conflating them.
• Gearhart v. Thorne
  768 F.2d 1072· 9th Cir.· 1985-08-13 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that an Oregon state employee's internal grievances regarding personal matters and performance evaluations do not constitute constitutionally protected speech or property interests, and that the employee received adequate due process through grievance procedures.
• Rev. Kinnith R. Nicholson v. Rushen
  767 F.2d 1426· 9th Cir.· 1985-08-09 ·cited 14×
  The court held that a civil litigant generally has no constitutional right to effective assistance of counsel, and a magistrate did not abuse discretion in excluding hearsay evidence.
• Hibma v. Odegaard
  769 F.2d 1147· 7th Cir.· 1985-07-30 ·cited 14×
  The court held that the evidence of sexual assault should have been admitted and that the foreseeability of such assault is a jury question, not a matter of law for superseding cause.
• Creighton v. The City OF ST. Paul
  766 F.2d 1269· 8th Cir.· 1985-07-12 ·cited 14×
  The court held that summary judgment was improperly granted because there are genuine disputes of material fact regarding probable cause and exigent circumstances, and thus the defendant is not entitled to qualified immunity at this stage.
• Lowell Peterson v. Lindner
  765 F.2d 698· 7th Cir.· 1985-06-25 ·cited 14×
  The court held that the district court correctly determined that the Wisconsin statutes freezing court reporter salaries based on prior county supplements were rationally related to legitimate state interests, and thus did not violate the Equal Protection Clause.
• Crawford v. Edmonson
  764 F.2d 479· 7th Cir.· 1985-06-13 ·cited 14×
  The court held that the trial court did not abuse its discretion in admitting evidence of the deceaseds' prior misconduct and the testimony of a robbery victim, nor did it err in denying a motion for a directed verdict on liability for the shooting of one of the deceaseds.
• Henderson v. Gavino Sotelo
  761 F.2d 1093· 5th Cir.· 1985-06-03 ·cited 14×
  The court held that the appellant had no property interest in his employment because the City Charter and Personnel Policy Manual did not create an entitlement to continued employment absent good cause for termination.
• Vincente Serrano Garcia v. Cecos Int'l, Inc.
  761 F.2d 76· 1st Cir.· 1985-05-15 ·cited 14×
  The court held that the Resource Conservation and Recovery Act (RCRA) requires sixty days' actual notice to the Administrator before filing a citizen suit, and that RCRA's comprehensive scheme forecloses claims under 42 U.S.C. § 1983.
• Garcia Jay Wright v. Collins
  766 F.2d 841· 4th Cir.· 1985-01-07 ·cited 14×
  A pro se litigant must receive fair notification of the consequences of failing to object to a magistrate's report before that failure will waive their right to appeal. Res judicata does not bar an individual damages claim if the prior class action notice did not inform class mem
• Aki Saad El'amin v. Pearce
  750 F.2d 829· 10th Cir.· 1984-12-21 ·cited 14×·via 42 U.S.C. § 1983 Action
  The district court improperly dismissed the claim of excessive force by prison officers, as it made factual findings beyond the scope of the Martinez inquiry. However, the dismissal of the claim for denial of medical treatment was proper, as a mere difference of opinion or medica
• Casagrande v. Agoritsas
  748 F.2d 47· 1st Cir.· 1984-11-19 ·cited 14×
  The court held that the instant action is barred under principles of res judicata because the claims raised were substantially the same as those litigated in state court.
• Briseno v. Cent. Tech. Cmty. Coll. Area
  739 F.2d 344· 8th Cir.· 1984-07-17 ·cited 14×·via Violation Of 42 U.S.C. § 1983
  The court held that the defendants intentionally discriminated against the plaintiff based on national origin, affirming the finding of liability but modifying the awarded relief.
• Pinto v. Nettleship
  737 F.2d 130· 1st Cir.· 1984-06-21 ·cited 14×
  Summary judgment for the defendant superintendent was proper because the plaintiffs failed to raise a genuine issue of material fact regarding his personal involvement in the deprivation of the decedent's constitutional rights, as liability under § 1983 requires personal action o
• Woodard v. LOS Fresnos Indep. Sch. Dist.
  732 F.2d 1243· 5th Cir.· 1984-05-29 ·cited 14×·via Section 1983
  A high school student's request for corporal punishment instead of suspension, even if a deviation from school rules, does not constitute a denial of constitutional rights if state courts provide adequate remedies.
• Benson v. Scott
  7th Cir.· 1984-05-09 ·cited 14×
  The court held that material questions of fact exist regarding Benson's due process claim, precluding summary judgment and requiring remand.
• Walls v. Miss. State Dep't OF Pub. Welf.
  730 F.2d 306· 5th Cir.· 1984-04-23 ·cited 14×·via Violation Of 42 U.S.C. § 1983
  The court held that while educational requirements were job-related and not discriminatory, written examinations and selection from eligibility certificates did have a disparate impact on black applicants, violating Title VII. The court reversed certain injunctive relief and cost
• Philly's v. Byrne
  732 F.2d 87· 7th Cir.· 1984-04-19 ·cited 14×·via Violation Of 42 U.S.C. § 1983
  The court held that the local option provision is a valid legislative enactment, not an unconstitutional delegation of authority, and does not violate due process.
• Neola N. Howard v. Fortenberry
  723 F.2d 1206· 5th Cir.· 1984-02-02 ·cited 14×·via 42 U.S.C. § 1983 Liability
  Summary judgment for most defendants is affirmed, but reversed and remanded for the Director of Corrections and the sanitarians due to disputed material facts regarding their duties and potential breaches.