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

• Samedi v. Miami-Dade Cnty.
  134 F. Supp. 2d 1320· S.D. Fla.· 2001-01-26 ·cited 12×·via Section 1983
  Summary judgment is granted for Defendant White on claims of supervisory liability and retaliation, and for other defendants on various counts, due to lack of genuine issues of material fact.
• Heckman v. City OF Oakland Park
  644 So. 2d 525· Fla. 4th DCA· 1994-09-14 ·cited 12×
  The Heckmans appealed a summary judgment dismissing their cross-claims against the City of Oakland Park based on the statute of limitations. The court affirmed dismissal of two counts based on a February 17, 1988 accrual date, but reversed and remanded a third count involving an
• Stowell v. Ives
  976 F.2d 65· 1st Cir.· 1992-09-28 ·cited 12×
  A recipient of benefits under the Aid to Families with Dependent Children (AFDC) program cannot bring an action under 42 U.S.C. § 1983 to enforce the terms of 42 U.S.C. § 1396a(c)(1) because that statute obligates the federal Secretary, not the state, to take action.
• Medina v. The City & Cnty. OF Denver
  960 F.2d 1493· 10th Cir.· 1992-03-31 ·cited 12×
  The court held that the officers were entitled to qualified immunity because the law regarding recklessness and police liability for third-party actions was not clearly established in 1986, and the City and County of Denver was entitled to summary judgment because the plaintiff f
• Brooks v. Elliott
  593 So. 2d 1209· Fla. 5th DCA· 1992-02-21 ·cited 12×
  A minor's federal civil rights complaint under 42 U.S.C. § 1983 against public employees was dismissed by the trial court on grounds that it was barred by the statute of limitations and failed to comply with Florida's three-year notice requirement. The appellate court reversed, h
• Oviatt v. Pearce
  954 F.2d 1470· 9th Cir.· 1992-01-15 ·cited 12×·via 42 U.S.C. § 1983 Liability
  The court held that a jury could reasonably find Multnomah County liable under § 1983 for deliberate indifference to an inmate's liberty interest, and that the county was not immune from liability for false imprisonment under the Oregon Tort Claims Act.
• Greening v. Moran
  953 F.2d 301· 7th Cir.· 1992-01-08 ·cited 12×
  The court held that abstention under Younger was appropriate when the federal suit was filed, but claim preclusion applies now that state proceedings have concluded. Claims against the Trust Fund were dismissed for lack of standing. Sanctions were affirmed.
• Curnow v. The Ridgecrest Police
  952 F.2d 321· 9th Cir.· 1991-12-26 ·cited 12×
  The court held that the district court properly denied the officers' motion for summary judgment based on qualified immunity because genuine issues of material fact existed regarding the reasonableness of the force used, and that parents' claims for loss of companionship are dist
• DE Anza Props. X, Ltd. v. Cnty. OF Santa Cruz
  936 F.2d 1084· 9th Cir.· 1991-06-28 ·cited 12×
  A mobile home rent control ordinance's enactment, even with a sunset provision, triggers the statute of limitations for a takings claim, not subsequent amendments or individual mobile home sales.
• Kendrick v. Jefferson Cnty. Bd. OF Educ.
  932 F.2d 910· 11th Cir.· 1991-06-06 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court held that the three-month probationary period under board policy applied, not the longer statutory period, and that the board waived its statute of limitations defense. It also held that Alabama county boards of education are not entitled to Eleventh Amendment immunity.
• Hilliard v. City & Cnty. OF Denver
  930 F.2d 1516· 10th Cir.· 1991-04-24 ·cited 12×
  The court held that even if a constitutional right to personal security existed under the circumstances, it was not clearly established at the time of the incident, entitling the officers to qualified immunity.
• PFZ Props., Inc. v. Rodriguez
  928 F.2d 28· 1st Cir.· 1991-03-18 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 for violations of due process or equal protection, as the post-deprivation remedies provided by Puerto Rico law were constitutionally adequate and the alleged actions did not rise to the level of a f
• Redner v. Citrus Cnty.
  919 F.2d 646· 11th Cir.· 1990-12-18 ·cited 12×·via § 1983 Suit
  The court held that the district court properly abstained from deciding the constitutionality of Ordinance 88-05 due to pending state criminal proceedings, but erred in abstaining from deciding the constitutionality of Ordinance 88-06.
• Therese A. Farber v. Massillon Bd. OF Educ.
  917 F.2d 1391· 6th Cir.· 1990-12-11 ·cited 12×
  The court held that the district court erred in remitting the jury's ADEA award, denying front pay and appointment without sufficient justification, and improperly dismissing the § 1983 claim. The court also found clear error in the Title VII findings regarding pretext.
• Mouille v. City OF Live OAK
  918 F.2d 548· 5th Cir.· 1990-12-06 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court held that Liberda's injuries were sufficient to withstand a directed verdict on excessive force and qualified immunity, while Grace Rollins' and Laurie Rollins' claims failed due to lack of significant injury.
• R.A. Street v. Fair
  918 F.2d 269· 1st Cir.· 1990-11-02 ·cited 12×
  The court held that the district court's sua sponte dismissal of the inmate's pro se complaint was precipitous and vacated the judgment.
• Herrick v. Collins
  914 F.2d 228· 11th Cir.· 1990-10-11 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Claim
  When a district court grants an in forma pauperis motion and requires a partial filing fee, it must issue the summons after the fee is paid, and should determine frivolousness before requiring payment.
• Hostler v. Captain Groves
  912 F.2d 1158· 9th Cir.· 1990-08-30 ·cited 12×·via 42 U.S.C. § 1983 Action
  A pro se prisoner's notice of appeal is deemed filed when delivered to prison authorities for forwarding, and this rule applies retroactively to non-habeas cases.
• Taylor v. Phelan
  912 F.2d 429· 10th Cir.· 1990-08-27 ·cited 12×
  The court held that the plaintiffs made a sufficient prima facie showing of minimum contacts to establish personal jurisdiction over the defendants in Kansas, reversing the district court's dismissal.
• Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg'l Planning Agency
  911 F.2d 1331· 9th Cir.· 1990-08-09 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  Plaintiffs cannot state a claim for relief because the court-imposed injunction, not the 1984 Plan, prevented them from building.
• Russell v. Coughlin
  910 F.2d 75· 2d Cir.· 1990-08-02 ·cited 12×
  The court held that prison officials were not entitled to qualified immunity because the inmate had a clearly established liberty interest in remaining out of keeplock and was deprived of due process by an unreasonable delay in notice and hearing.
• Curtis W. Caine, Jr., M.D. v. Hardy, M.D.
  905 F.2d 858· 5th Cir.· 1990-06-27 ·cited 12×
• Simpson v. Ike Hines
  903 F.2d 400· 5th Cir.· 1990-06-19 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that while most officers are not entitled to qualified immunity for excessive force or denial of medical care, Officer McMillan is immune from the excessive force claim due to lack of direct involvement.
• White v. McGINNIS
  903 F.2d 699· 9th Cir.· 1990-05-16 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that the Federal Rules of Civil Procedure, specifically Rules 38(d) and 39(a), require explicit consent from parties to withdraw a jury demand, and that failing to object to a bench trial does not constitute such consent.
• Weller v. Dep't OF Soc. Servs. FOR the City OF Baltimore
  901 F.2d 387· 4th Cir.· 1990-04-19 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court held that while most of the plaintiff's claims were properly dismissed for lack of jurisdiction, the complaint sufficiently alleged a procedural due process violation regarding the transfer of child custody without a hearing to warrant further factual inquiry.
• Joihner v. McEVERS
  898 F.2d 569· 7th Cir.· 1990-03-28 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that the denial of a prisoner's request for transfer to a work camp did not violate a protectible liberty interest because the relevant state statutes and administrative regulations did not contain mandatory language limiting official discretion.
• Lewis v. City OF Irvine
  899 F.2d 451· 6th Cir.· 1990-03-26 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court affirmed the directed verdict for the City but reversed the denial of a new trial against Officer Miller, remanding for retrial under the Fourth Amendment's excessive force standard.
• Ramirez v. Garcia
  898 F.2d 224· 1st Cir.· 1990-03-13 ·cited 12×·via 42 U.S.C. § 1983 Liability
  The court held that negligent conduct is not actionable under 42 U.S.C. § 1983, but conduct reflecting reckless or callous indifference may be. The evidence against one defendant was insufficient for a § 1983 claim, while the other's joinder after the statute of limitations requi
• Holloway v. Conger
  896 F.2d 1131· 8th Cir.· 1990-02-23 ·cited 12×·via 42 U.S.C. § 1983 Action
  Oral promises regarding employment positions can create an employment contract and an expectation interest under South Dakota law, even if the employment is otherwise at-will.
• Bilal Muhammad ALI v. Higgs
  892 F.2d 438· 5th Cir.· 1990-01-25 ·cited 12×
  The court held that a civil rights action filed under 28 U.S.C. § 1915(d) is barred by the statute of limitations, and the dismissal should be with prejudice.
• Rice v. Ohio Dep't OF Transp.
  887 F.2d 716· 6th Cir.· 1989-10-13 ·cited 12×
  The court affirmed the dismissal of the § 1983 failure to promote claim based on controlling precedent, but the dissenting judge argued the First Amendment retaliation claim should not have been dismissed.
• Herrington v. Cnty. OF Sonoma
  883 F.2d 739· 9th Cir.· 1989-08-22 ·cited 12×
  The court held that attorney's fees and costs can be awarded to prevailing parties under 42 U.S.C. § 1988 even if they did not fully prevail on all claims, and that a litigant's financial ability to pay counsel does not preclude an award.
• Rodgers v. C.E. Thomas
  879 F.2d 380· 8th Cir.· 1989-07-13 ·cited 12×·via 42 U.S.C. § 1983 Claim For Cruel And Unusual Punishment
  The court held that the plaintiff presented insufficient evidence to support claims of procedural due process violations and cruel and unusual punishment.
• del Percio v. Thornsley
  877 F.2d 785· 9th Cir.· 1989-06-09 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's damage claims were barred by the one-year statute of limitations and her claim for injunctive relief was not ripe for adjudication.
• Clipper v. Takoma Park
  876 F.2d 17· 4th Cir.· 1989-05-30 ·cited 12×·via 42 U.S.C. § 1983 Claim For Denial Of Due Process
  The court held that sufficient evidence supported the jury's verdict that the city denied the plaintiff due process by arresting him without probable cause, and that the arrest was made pursuant to a city policy or custom.
• Fisher v. Judge James J. Krajewski
  873 F.2d 1057· 7th Cir.· 1989-05-02 ·cited 12×
  The court affirmed the jury verdict and denial of a new trial, holding that the magistrate did not abuse discretion in excluding evidence of prior rulings and contempt findings, and that the jury instructions were proper.
• Sydell R. Kraft v. Jacka
  872 F.2d 862· 9th Cir.· 1989-04-12 ·cited 12×
  The Board's denial of a gaming license was permissible, as it was based on concerns about effective control of the business by an unsuitable individual, not solely on an individual's personal relationship.
• Yancey v. Carroll Cnty.
  876 F.2d 1238· 6th Cir.· 1989-04-10 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court properly granted summary judgment for most defendants, but erred in dismissing Detective Harrison's case regarding the search warrant for Yancey's home, as there was a genuine issue of material fact regarding probable cause.
• Durre v. Dempsey
  869 F.2d 543· 10th Cir.· 1989-02-28 ·cited 12×
• Venegas v. Skaggs
  867 F.2d 527· 9th Cir.· 1989-01-31 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that the district court abused its discretion in denying the attorney's motion to intervene to confirm a lien for attorney's fees, and that a statutory award under 42 U.S.C. § 1988 does not limit an attorney's entitlement under a contingent fee agreement.
• Ryan v. Burlington Cnty.
  860 F.2d 1199· 3d Cir.· 1988-11-02 ·cited 12×·via 42 U.S.C. § 1983 Action
  State officials are not entitled to qualified immunity when they had sufficient knowledge of jail overcrowding and the inadequacy of their inmate placement system to violate clearly established law regarding pretrial detainees' rights.
• Jackson v. Ill. Prisoner Review Bd.
  856 F.2d 890· 7th Cir.· 1988-09-02 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that fees for an unsuccessful, unrelated ex post facto claim are not compensable under 42 U.S.C. § 1988, and that a fee award must be reduced to reflect partial success on a related claim.
• Kersh v. Derozier
  851 F.2d 1509· 5th Cir.· 1988-08-15 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that a pro se litigant's ignorance of service rules does not constitute 'good cause' for untimely service, and that a defendant waives the defense of insufficient service of process if not raised in their first responsive pleading. The court also found a pretrial s
• Mujahid Farid v. Smith
  850 F.2d 917· 2d Cir.· 1988-06-22 ·cited 12×
  A prior state court judgment precludes claims for declaratory or equitable relief and relitigation of policy constitutionality, but not claims for damages where the state court lacked jurisdiction to award them.
• Giarratano v. Murray
  847 F.2d 1118· 4th Cir.· 1988-06-03 ·cited 12×
  The court, in a concurring opinion, expresses doubt about the plaintiffs' standing to prosecute their case due to the consistent provision of counsel in state post-conviction proceedings.
• Fontane-Rexach v. Puerto RICO Elec. Power Auth.
  878 F.2d 1493· 1st Cir.· 1988-04-22 ·cited 12×
  The court held that the assistant supply chief position was not a policymaker or confidential role, and thus political affiliation was not an appropriate criterion for dismissal, meaning qualified immunity did not apply.
• Figueroa-Rodriguez v. Aurelio Lopez-Rivera
  878 F.2d 1488· 1st Cir.· 1988-04-22 ·cited 12×
  The court held that the denial of summary judgment on qualified immunity was correct, but the imposition of sanctions under Rule 16(f) was an abuse of discretion.
• Bret Marvin Harris v. Maynard
  843 F.2d 414· 10th Cir.· 1988-03-30 ·cited 12×
  The court held that the defendants were not entitled to summary judgment or protection from discovery because the plaintiff's allegations, taken as true, could establish a constitutional deprivation of the right to life under the Eighth Amendment, and this right was clearly estab
• Savidge v. Jaylon Fincannon
  836 F.2d 898· 5th Cir.· 1988-03-17 ·cited 12×
  The court should not have applied the 'clearly established' standard retroactively to the defendants' conduct, as the relevant rights were not settled at the time of the alleged violations.
• Kerr Ctr. Parents Assoc. v. Charles
  842 F.2d 1052· 9th Cir.· 1988-03-09 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court held that the Eleventh Amendment bars suits against the state unless it has waived immunity or Congress has abrogated it, and that the EAHCA did not abrogate immunity. The court also held that exhaustion of administrative remedies was not required under the circumstance