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

• Artist M. v. Johnson
  917 F.2d 980· 7th Cir.· 1990-10-29 ·cited 13×
  The 'reasonable efforts' clause of the Adoption Assistance and Child Welfare Act of 1980 is too ambiguous to create an enforceable right under the Act or § 1983.
• Ayers v. Allain
  914 F.2d 676· 5th Cir.· 1990-09-28 ·cited 13×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the district court's finding that Mississippi is not currently engaged in purposeful discrimination, but the dissenting judge argued that the state still has a duty to undo the vestiges of past de jure segregation.
• Lowary v. Lexington Local Bd. OF Educ.
  903 F.2d 422· 6th Cir.· 1990-05-17 ·cited 13×
  The court held that the Supreme Court's decision in Chicago Teachers Union v. Hudson should be applied retroactively to past fee collections, and that a 'local union presumption' used in calculating fair share fees is unconstitutional.
• Burke Cnty. Bd. OF Educ. v. Denton
  895 F.2d 973· 4th Cir.· 1990-02-09 ·cited 13×
  The court held that neither federal nor North Carolina law requires the Board to fund the habilitative services sought by the parents in the home, as the child has benefited educationally from the school's program.
• Sable Commc'ns OF Cal., Inc. v. Pac. Tel. & Tel. Co.
  890 F.2d 184· 9th Cir.· 1989-11-22 ·cited 13×·via 42 U.S.C. § 1983 Action
  The court held that a case or controversy existed, Pacific Bell acted under color of state law, and abstention was not required. However, the CPUC is immune from suit under section 1983, and the attorney fee award must be reallocated between defendants.
• Frank "Rocky" Barilla v. Ervin
  886 F.2d 1514· 9th Cir.· 1989-07-13 ·cited 13×
  The court held that the claims of plaintiff Glancy were moot due to intervening statutory amendments, but the claims of plaintiffs Barilla, Fore, and Knight were not moot and were capable of repetition, yet evading review. The court affirmed the district court's judgment for the
• Connelly v. Comptroller OF THE Currency
  876 F.2d 1209· 5th Cir.· 1989-07-07 ·cited 13×·via Violation Of 42 U.S.C. § 1983
  The court held that the Comptroller's officials are entitled to qualified immunity because the alleged violations of Connelly's constitutional rights were not based on clearly established law, and the Privacy Act does not create individual liability for damages.
• Weimer v. Amen
  870 F.2d 1400· 8th Cir.· 1989-03-23 ·cited 13×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff's claims of procedural and substantive due process violations failed to state a claim cognizable under 42 U.S.C. § 1983 because the alleged fraudulent actions by state officials were random and unauthorized, and thus the state's post-deprivation
• Robinson v. Block
  869 F.2d 202· 3d Cir.· 1989-02-28 ·cited 13×·via Violation Of 42 U.S.C. § 1983
  The court held that the "same address" test used by the DPW to presume siblings lived together for food stamp purposes was an impermissible interpretation of the Food Stamp Act. It also held that the dismissal of third-party verification claims and denial of leave to amend were e
• Zook v. Brown
  865 F.2d 887· 7th Cir.· 1989-01-17 ·cited 13×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that Standard 2.19 of the Sheriff's Department Operating Procedures Manual is constitutional both on its face and as applied to Deputy Zook, and that the application of Standard 4.4 was unconstitutional. The court also affirmed the denial of a jury trial for damage
• McDONALD v. Armontrout
  860 F.2d 1456· 8th Cir.· 1988-11-09 ·cited 13×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not abuse its discretion in awarding attorney fees, affirming the hourly rates, compensation for monitoring, and inclusion of habeas corpus work.
• Edwards v. City OF Philadelphia & Officer Haworth
  860 F.2d 568· 3d Cir.· 1988-10-25 ·cited 13×
  The court held that the plaintiff bears the burden of proving excessive force as an element of a § 1983 claim, and that a "Golden Rule" argument by defense counsel, while improper, was cured by the district court's final jury instructions.
• Webster v. Sowders
  846 F.2d 1032· 6th Cir.· 1988-05-18 ·cited 13×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that interim attorney fees and expert monitor costs awarded without findings on liability are not appealable interlocutorily and must be reversed and remanded. The court also held that a district court cannot impose Rule 11 sanctions for filing an appeal.
• Young v. Biggers
  816 F.2d 216· 5th Cir.· 1987-05-11 ·cited 13×
  The court held that the one-year statute of limitations for § 1983 actions in Mississippi applies retroactively, barring the appellant's suit.
• Johnson v. R.I. Parole Bd. Members
  815 F.2d 5· 1st Cir.· 1987-03-31 ·cited 13×·via 42 U.S.C. § 1983 Action
  State parole board members are entitled to absolute immunity from liability for damages in a § 1983 action for actions taken within the proper scope of their official duties.
• Butler-Bey v. Frey
  811 F.2d 449· 8th Cir.· 1987-02-10 ·cited 13×·via Violation Of 42 U.S.C. § 1983
  Prison regulations prohibiting headwear, restricting meeting attendance, and limiting funding for religious materials did not violate prisoners' free exercise or equal protection rights, as they were based on legitimate penological and security concerns.
• Lemke v. Cass Cnty.
  846 F.2d 469· 8th Cir.· 1987-02-04 ·cited 13×
  The court affirmed the district court's grant of summary judgment, finding no error in the judgment.
• Robinson v. Pinderhughes
  810 F.2d 1270· 4th Cir.· 1987-01-30 ·cited 13×
  The court held that a § 1983 claim is permissible to enforce a favorable EHA administrative decision when the EHA itself lacks a mechanism for enforcing such decisions. The court affirmed dismissal of the EHA and state law claims because the plaintiffs were not aggrieved parties
• Morfeld v. Kehm
  803 F.2d 1452· 8th Cir.· 1986-10-29 ·cited 13×
  The court held that a directed verdict granted solely on the plaintiff's opening statement, based on the plaintiff's failure to list the defendant as a witness, was an abuse of discretion.
• Am. Booksellers Ass'n, Inc. v. Commonwealth OF Va.
  802 F.2d 691· 4th Cir.· 1986-09-30 ·cited 13×·via 42 U.S.C. § 1983 Action
  The court held that the Virginia amendment restricting display of sexually explicit material to juveniles was facially unconstitutional as overbroad and infringing on First Amendment rights, but reversed the denial of attorneys' fees for the prevailing plaintiffs against the Comm
• Morgan v. United States Postal Serv.
  798 F.2d 1162· 8th Cir.· 1986-08-18 ·cited 13×·via Violation Of 42 U.S.C. § 1983
  The court held that claims of handicap discrimination against the federal government under § 504 of the Rehabilitation Act require exhaustion of administrative remedies, and the appellant failed to demonstrate that such remedies were inadequate.
• Moore v. City OF Paducah
  790 F.2d 557· 6th Cir.· 1986-05-16 ·cited 13×
  The court held that denying a motion to amend a complaint solely based on unjustified delay, without a significant showing of prejudice to the opposing party, constitutes an abuse of discretion.
• ORT v. Dr. Pinchback
  786 F.2d 1105· 11th Cir.· 1986-04-15 ·cited 13×
  A physician contracting with the state to provide medical care to inmates acts under color of state law for purposes of a 42 U.S.C. § 1983 claim. Summary judgment was therefore inappropriate.
• Iacobucci v. City OF Newport
  785 F.2d 1354· 6th Cir.· 1986-03-20 ·cited 13×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the fingerprinting ordinance is constitutional as a valid exercise of police power, but the nude dancing ordinance requires further factual determination regarding the city's authority.
• Roberts v. Spalding
  783 F.2d 867· 9th Cir.· 1986-02-24 ·cited 13×
  The court held that the district court did not err in refusing to instruct the jury on the appellant's due process and equal protection theories, and affirmed the denial of attorney's fees.
• Johnson v. Kemp
  781 F.2d 1570· 11th Cir.· 1986-02-14 ·cited 13×·via 42 U.S.C. § 1983 Action
  The court held that the district court abused its discretion in setting a partial filing fee based on the inmate's litigation history without considering good faith and in setting an amount disproportionately high given the inmate's limited financial resources.
• Riverview Invs., Inc. v. Ottawa Cmty. Improvement Corp.
  774 F.2d 162· 6th Cir.· 1985-10-09 ·cited 13×
  The court denied a petition for rehearing en banc and issued an order of revision to clarify its prior opinion regarding the state action exemption.
• Colombrito v. Galen G. Kelly
  764 F.2d 122· 2d Cir.· 1985-06-12 ·cited 13×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in awarding attorney's fees to the defendants because the plaintiff's claims were not frivolous, unreasonable, or groundless, and the stipulation did not waive the right to contest the fee award's appropriateness.
• United States v. Mose Holland
  755 F.2d 253· 2d Cir.· 1985-02-08 ·cited 13×
  The court held that an arrest in a common hallway outside a tenant's apartment does not violate the Fourth Amendment protection against warrantless entry into a suspect's home.
• Raskiewicz v. The Town OF NEW Boston
  754 F.2d 38· 1st Cir.· 1985-02-07 ·cited 13×
  The court held that the plaintiff failed to present genuine issues of material fact to support his federal claims, and thus summary judgment for the defendants was appropriate. The court also affirmed the award of attorneys' fees and costs to the defendants.
• Palmer v. The Dist. Bd. OF Trs. OF ST. Petersburg Junior Coll.
  748 F.2d 595· 11th Cir.· 1984-12-12 ·cited 13×
  The court held that the trial court did not err in granting summary judgment for the defendant on the ADEA and Title VII claims, as the plaintiff failed to present sufficient evidence of age discrimination or that the affirmative action plan was not remedial or was unreasonable.
• Tyler v. Mmes. Pasqua & Toloso
  748 F.2d 283· 5th Cir.· 1984-12-10 ·cited 13×
  The Food Stamp Act does not create a private cause of action for expedited service, nor is such a claim independently actionable under 42 U.S.C. § 1983.
• Daniels v. Woodbury Cnty.
  742 F.2d 1128· 8th Cir.· 1984-09-10 ·cited 13×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court correctly found due process violations in the administration of the general relief program and affirmed the award of damages, but remanded for a more specific injunction and further findings on eligibility standards.
• Peraza v. Delameter
  722 F.2d 1455· 9th Cir.· 1984-01-03 ·cited 13×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the trial court did not abuse its discretion in admitting the police canine policy and evidence of subsequent bad acts, and that the jury instructions were adequate.
• Pirolo v. City OF Clearwater
  711 F.2d 1006· 11th Cir.· 1983-08-12 ·cited 13×
  The court held that the district court erred in granting summary judgment on appellants' section 1983 claims, as issues of material fact remained regarding whether the city violated due process and impaired contractual obligations.
• Flaherty v. Coughlin
  713 F.2d 10· 2d Cir.· 1983-07-21 ·cited 13×·via Violation Of 42 U.S.C. § 1983
  Summary judgment was improperly granted because the plaintiff's allegations of retaliatory denial of temporary release, supported by circumstantial evidence, raised a colorable suspicion of retaliation that warranted further discovery.
• Crawford v. Janklow
  710 F.2d 1321· 8th Cir.· 1983-06-30 ·cited 13×
  The court held that South Dakota's categorical exclusion of residents of subsidized or public housing from its Low-Income Energy Assistance Program (LIEAP) violated the federal statutory requirement to prioritize assistance to households with the lowest incomes and highest energy
• Hernandez v. City OF Lafayette & Kenneth J. Bowen
  699 F.2d 734· 5th Cir.· 1983-03-07 ·cited 13×·via 42 U.S.C. § 1983 Action
  The court held that while the district court erred in applying federal res judicata principles instead of Louisiana's, the outcome remains the same as Louisiana res judicata also bars the claim. Changed circumstances were not significant enough to overcome res judicata.
• Luria Bros. & Co., Inc. v. Allen
  672 F.2d 347· 3d Cir.· 1982-03-15 ·cited 13×
  The court held that a private landlord's use of Pennsylvania's distraint procedure does not constitute state action for purposes of a § 1983 claim, but that the distraint was improper under state law because the lease had been surrendered. The court also held that attorney's fees
• United Farm Workers OF Am., AFL-CIO v. Ariz. Agric. Emp. Relations Bd.
  669 F.2d 1249· 9th Cir.· 1982-01-07 ·cited 13×
  The court held that the district court erred in granting a preliminary injunction because the UFW failed to exhaust its administrative remedies in Arizona and the Full Faith and Credit Clause does not require Arizona to apply California labor law or defer to California Board orde
• Sondra Weisbrod v. Donigan
  651 F.2d 334· 5th Cir.· 1981-07-20 ·cited 13×
  Government officials are entitled to qualified immunity if they did not act in disregard of clearly established constitutional rights or with malicious intent.
• Universal Amusement Co., Inc. v. Hofheinz
  646 F.2d 996· 5th Cir.· 1981-06-01 ·cited 13×·via 42 U.S.C. § 1983 Liability
  Government officials sued in their official capacity cannot assert good faith immunity, as such suits are effectively against the governmental entity itself.
• Dilmore v. Stubbs
  636 F.2d 966· 5th Cir.· 1981-02-09 ·cited 13×·via 42 U.S.C. § 1983 Action
  The court held that defendants are entitled to qualified immunity because the unconstitutionality of the hospital's admissions policy was not clearly established at the time of the plaintiff's confinement.
• Craft v. The Tex. Bd. OF Pardons & Paroles
  550 F.2d 1054· 5th Cir.· 1977-04-15 ·cited 13×
  A prisoner's claims regarding parole file access, vague guidelines, and reasons for denial are barred by prior decisions and fail to state a claim.
• Bass v. Sullivan
  550 F.2d 229· 5th Cir.· 1977-04-07 ·cited 13×·via 42 U.S.C. § 1983 Claim For Cruel And Unusual Punishment
  The court held that the prisoner's treatment, while potentially malpractice, did not rise to the level of deliberate indifference to serious medical needs required for a constitutional violation under 42 U.S.C. § 1983.
• Paulina Perez v. Jule M. Sugarman
  499 F.2d 761· 2d Cir.· 1974-06-07 ·cited 13×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that the district court had subject matter jurisdiction over the civil rights suit against private child-caring institutions, finding their actions constituted 'state action' under 42 U.S.C. § 1983.
• Gianinna Gallardo v. Mayhew
  963 F.3d 1167· 11th Cir.· 2020-06-26 ·cited 12×
  Gianinna Gallardo, a severely injured Medicaid recipient, challenged Florida's attempt to recover Medicaid payments from her personal injury settlement by seeking reimbursement from portions allocated to future medical expenses, not just past medical expenses. The Eleventh Circui
• Grochowski v. Clayton Cnty.
  961 F.3d 1311· 11th Cir.· 2020-06-22 ·cited 12×·via 42 U.S.C. § 1983 Claim For Violation Of Fourteenth Amendment Rights
  The court held that the jail's classification process and hourly rounds did not violate the Fourteenth Amendment, and thus the jail supervisors were entitled to qualified immunity. The court also found no basis for municipal liability against the county.
• Smith v. Sch. Bd. OF Palm Beach Cnty.
  981 So. 2d 6· Fla. 4th DCA· 2007-11-21 ·cited 12×·via 42 U.S.C. § 1983 Action
  Jerry Smith appealed a trial court's determination of attorney's fees and costs in his § 1983 civil rights action against the School Board of Palm Beach County. The appellate court affirmed the reasonable number of hours and rejection of a lodestar multiplier, but reversed the ho
• Hetherington v. Donner
  786 So. 2d 9· Fla. 3d DCA· 2001-04-04 ·cited 12×
  In this long-pending false imprisonment case, the trial court struck defendants' pleadings and entered default judgment as to liability based on claimed discovery violations. The appellate court reversed, holding that the defendants' failure to produce certain evidence was due to