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

• Faris Abdul Matiyn v. Henderson
  841 F.2d 31· 2d Cir.· 1988-03-01 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court held that while a prisoner may have a liberty interest in avoiding involuntary protective admission, prison officials are shielded by qualified immunity if their conduct does not violate clearly established law. The court also affirmed that denial of religious services
• Williams v. Nathan R. CASH-C.O.I.
  836 F.2d 1318· 11th Cir.· 1988-02-04 ·cited 12×
  Summary judgment for the prison guards is reversed because a genuine issue of material fact exists regarding whether they used excessive force, but summary judgment for the warden and Department of Corrections is affirmed as there is no respondeat superior liability.
• Henderson Duval Houghton v. Osborne
  834 F.2d 745· 9th Cir.· 1987-12-14 ·cited 12×·via 42 U.S.C. § 1983 Action
• Schwartz v. Muncy
  834 F.2d 396· 4th Cir.· 1987-12-02 ·cited 12×
  The court held that applying Virginia's 1979 parole eligibility statute to Schwartz's 1978 conviction violates the ex post facto clause.
• Gillespie v. Crawford
  833 F.2d 47· 5th Cir.· 1987-11-30 ·cited 12×
• Venegas v. Wagner
  831 F.2d 1514· 9th Cir.· 1987-11-09 ·cited 12×
  The court held that substantial evidence supported the jury's verdict against officers Skaggs and Roberson, but not against officer Bostard, affirming the denial of JNOV for Skaggs and Roberson while affirming the grant of JNOV for Bostard.
• Carlin Commc'ns, Inc. v. The Mountain States Tel. & Tel. Co.
  827 F.2d 1291· 9th Cir.· 1987-09-14 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The dissenting judge would affirm the district court's injunction, finding that the telephone company's "new" policy was also imbued with state action.
• Dodd v. City OF Norwich & Eric Larson
  827 F.2d 1· 2d Cir.· 1987-08-31 ·cited 12×
  The court held that the accidental shooting of a suspect during a struggle does not constitute an unreasonable seizure under the Fourth Amendment, and therefore, neither the arresting officer nor the city can be held liable for a constitutional violation.
• H.K. Porter Co., Inc. v. Metro. Dade Cnty.
  825 F.2d 324· 11th Cir.· 1987-08-24 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court held that Metropolitan Dade County's (MDC) 5% minority business enterprise (MBE) goal in its construction contract bidding procedure was constitutional, both on its face and as applied, and that MDC did not act arbitrarily or capriciously in denying the contract to the
• Fidel B. Ibarra, Jr. v. Tex. Emp. Comm'n
  823 F.2d 873· 5th Cir.· 1987-08-06 ·cited 12×
  The court held that the district court abused its discretion in approving the consent decree because TEC entered into it based on a material mistake regarding the Department of Labor's position, which would have unconscionable effects on third-party employers.
• Kladis v. Brezek
  823 F.2d 1014· 7th Cir.· 1987-06-10 ·cited 12×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court did not err in altering the judgment to enter judgment for the defendants on the claim that the plaintiff was not informed of the reasons for his arrest, as no constitutional right requires such notification.
• Young v. Rabideau
  821 F.2d 373· 7th Cir.· 1987-06-01 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that the trial court did not err in excluding testimony about prison rules and in admitting limited cross-examination regarding the plaintiff's prior disciplinary record.
• ANA Leon T. v. Fed. Reserve Bank OF Chicago
  823 F.2d 928· 6th Cir.· 1987-05-29 ·cited 12×
  The court held that the district court improperly dismissed the Title VII claim on timeliness grounds without considering the effect of a potential EEOC reconsideration request, but properly dismissed other claims and denied appointment of counsel.
• Britton v. S. Bend Cmty. Sch. Corp.
  819 F.2d 766· 7th Cir.· 1987-05-18 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The affirmative action plan adopted by the South Bend School Board was unconstitutional because it was not narrowly tailored, imposing a burden on white teachers greater than necessary to achieve a compelling purpose.
• Laurel C. Thomas v. Shipka
  818 F.2d 496· 6th Cir.· 1987-05-01 ·cited 12×
  The court held that 42 U.S.C. § 1983 is the exclusive remedy for alleged constitutional violations by state officials, precluding direct constitutional claims under 28 U.S.C. § 1331. It also affirmed that claims under § 1983 are governed by Ohio's one-year statute of limitations
• Brightly v. Louie L. Wainwright
  814 F.2d 612· 11th Cir.· 1987-04-13 ·cited 12×
  The court held that the prison's grooming regulation is rationally related to a substantial government interest and is no greater than necessary, thus not violating inmates' First Amendment rights.
• Covington v. S. Ill. Univ.
  816 F.2d 317· 7th Cir.· 1987-04-09 ·cited 12×
  The court held that a university's salary retention policy, which maintains an employee's salary upon a change of assignment, can qualify as a "factor other than sex" under the Equal Pay Act and Title VII, even if not directly related to job performance.
• Saenz v. Young
  811 F.2d 1172· 7th Cir.· 1987-02-19 ·cited 12×
  A prison disciplinary committee's brief statement of the evidentiary basis for its decision is constitutionally adequate if the reasoning process is plain and the evidence is straightforward.
• Barnier v. Szentmiklosi
  810 F.2d 594· 6th Cir.· 1987-02-10 ·cited 12×
  The court held that while the adequacy of state remedies can limit § 1983 claims, liberty and property interests should not be removed from § 1983's protection at the outset of analysis.
• Tyler v. Black
  811 F.2d 424· 8th Cir.· 1987-02-06 ·cited 12×
  The court affirmed the district court's partial denial of injunctive and declaratory relief regarding due process and access to courts claims, but reversed and remanded regarding certain conditions of confinement claims.
• Thomas v. Tex. State Bd. OF Med. Exam'rs
  807 F.2d 453· 5th Cir.· 1987-01-08 ·cited 12×
  Federal courts should not abstain from deciding federal questions when no state proceedings are pending, even if state remedies are available.
• Wardell Washington v. Simpson
  806 F.2d 192· 8th Cir.· 1986-11-26 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the district court's ruling, holding that the officers had probable cause for the arrest, the entry into the residence was authorized by arrest warrants for a resident, and the arrest was not racially motivated.
• Carter v. City OF Chattanooga
  803 F.2d 217· 6th Cir.· 1986-10-06 ·cited 12×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the Supreme Court's decision in Tennessee v. Garner, which invalidated the fleeing felon rule, should not be applied retroactively to impose liability on the City of Chattanooga for actions taken in 1982.
• Cody v. Hillard
  799 F.2d 447· 8th Cir.· 1986-09-02 ·cited 12×
  The court held that double-celling in prisons, absent evidence of wantonness or gross disproportionality, does not violate the Eighth Amendment, and that courts should defer to prison administrators' decisions.
• United States v. City OF Chicago
  798 F.2d 969· 7th Cir.· 1986-08-14 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court held that the applicants' motion to intervene was untimely because they knew or should have known of their interest in the litigation when the 1979 Agreed-to Injunctive Order was entered, and their claimed interests were not protectable.
• Bush v. Viterna
  795 F.2d 1203· 5th Cir.· 1986-08-04 ·cited 12×
  A federal court cannot use 42 U.S.C. § 1983 to enforce state-imposed duties on a state agency when the agency's failure to act does not directly cause a deprivation of federal constitutional rights.
• Gaut v. Sunn
  792 F.2d 874· 9th Cir.· 1986-06-20 ·cited 12×
  The court held that allegations of severe beatings and threats to deter legal action, taken as true, state a claim under 42 U.S.C. § 1983.
• Harriett L. McMILLAN v. Svetanoff
  793 F.2d 149· 7th Cir.· 1986-06-10 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  A judge's act of firing a court reporter is not a judicial act protected by absolute judicial immunity because it is an administrative function that does not implicate the core purpose of judicial decision-making.
• Evonne J. NEW v. City OF Minneapolis
  792 F.2d 724· 8th Cir.· 1986-06-04 ·cited 12×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that allegations of intentional excessive force by law enforcement implicate substantive due process rights, regardless of state tort remedies.
• Abdul Beyah v. Baez
  789 F.2d 986· 2d Cir.· 1986-05-02 ·cited 12×
  The court held that the district court improperly granted summary judgment because the defendants' evidence did not comply with Rule 56(e) and genuine issues of material fact remained regarding the composition of the soap provided to inmates.
• Benjamin v. The City OF Montgomery
  785 F.2d 959· 11th Cir.· 1986-04-02 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that police officers dismissed for refusing to waive their Fifth Amendment rights against self-incrimination, even when ordered to testify under threat of dismissal, were unlawfully terminated.
• Rauschenberg v. Williamson
  785 F.2d 985· 11th Cir.· 1986-04-02 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that special factors counsel hesitation against allowing a Bivens action for procedural rights violations by a parole officer, and that the plaintiff failed to state claims under Bivens or § 1983.
• Williams v. The City OF Boston
  784 F.2d 430· 1st Cir.· 1986-02-25 ·cited 12×·via 42 U.S.C. § 1983 Liability
  The court held that allegations of simple negligence by state officials do not state a claim for deprivation of liberty without due process of law under 42 U.S.C. § 1983, and claims based on a cover-up also failed to state a claim.
• Mitsue Takahashi v. Bd. OF Trs. OF Livingston Union Sch. Dist.
  783 F.2d 848· 9th Cir.· 1986-02-21 ·cited 12×
  A federal court must give a state-court judgment the same preclusive effect as would be given under the law of the state where the judgment was rendered, barring subsequent federal claims based on the same primary right.
• Carroll v. Wilkerson
  782 F.2d 44· 6th Cir.· 1986-01-23 ·cited 12×
  The court held that recent Supreme Court and circuit court decisions required reversal of the dismissal of claims against the sheriff, jail administrator, and the county.
• Arnie Rolf Braafladt v. The Bd. OF Governors OF the Or. State BAR Ass'n
  778 F.2d 1442· 9th Cir.· 1985-12-26 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not err in denying attorney's fees to a plaintiff whose lawsuit was not the catalyst for the defendant's change in policy.
• Lanier v. J.B. Sallas and Juanice Reed
  777 F.2d 321· 5th Cir.· 1985-12-03 ·cited 12×
  Acceptance of a remittitur on a compensatory damages award bars a cross-appeal on the punitive damages claim, as it is not a separate and distinct cause of action. A directed verdict for an attorney is proper if there is no substantial evidence of an attorney-client relationship.
• Easton v. The City OF Boulder
  776 F.2d 1441· 10th Cir.· 1985-10-28 ·cited 12×·via 42 U.S.C. § 1983 Liability
  The court held that even if an arrest warrant affidavit contains negligent misrepresentations or omissions, it does not automatically invalidate the warrant if probable cause still exists based on the information presented. The court affirmed the directed verdict for the officers
• Four Seasons Apartment v. City OF Mayfield Heights
  775 F.2d 150· 6th Cir.· 1985-10-21 ·cited 12×·via Section 1983
  The court held that plaintiffs' Fifth Amendment taking claim is barred because they failed to utilize available state inverse condemnation procedures, and their Fourteenth Amendment procedural due process claim fails because the permit's rescission was either an unauthorized act
• Bacon v. Patera
  772 F.2d 259· 6th Cir.· 1985-09-13 ·cited 12×
  The court held that the Chief of Police could be liable under section 1983 for procedural due process and Fourth Amendment violations, and that a new trial was warranted for the state malicious prosecution claim due to evidentiary errors, but reversed the judgment for the corpora
• Shakopee Mdewakanton Sioux Community and Edith Crooks v. City OF Prior Lake
  771 F.2d 1153· 8th Cir.· 1985-08-30 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that the annexation of Reservation land was valid under state and federal law, entitling Reservation residents to municipal services and voting rights. The court also modified the attorney fee award, reducing the hourly rate used for calculation.
• Kling v. Cnty. OF LOS Angeles
  769 F.2d 532· 9th Cir.· 1985-07-16 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff was an otherwise qualified handicapped individual denied admission solely due to her handicap, and that damages are an appropriate remedy under the Rehabilitation Act.
• Manion v. Mich. Bd. OF Med. (formerly Med. Practice Board)
  765 F.2d 590· 6th Cir.· 1985-06-24 ·cited 12×
  Members of the Michigan Board of Medicine are not entitled to absolute immunity for their licensure duties but are entitled to qualified immunity. Qualified immunity applies because their conduct must be judged against clearly established law, and the Board failed to show there w
• Lujan v. Franklin Cnty. Bd. OF Educ.
  766 F.2d 917· 6th Cir.· 1985-06-17 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  Singleton rights, arising from court-ordered desegregation injunctions, cannot be enforced in a Title VII action, and the burden of persuasion does not automatically shift to the defendant in Title VII cases involving historically segregated schools unless specific conditions lik
• Stachura v. Truszkowski
  763 F.2d 211· 6th Cir.· 1985-06-03 ·cited 12×
  A private citizen's complaints to a school board about a teacher's curriculum, even if based on rumors, are protected by the First Amendment right to petition, granting immunity from suit. However, a school board's subsequent actions in suspending and reprimanding a teacher witho
• Crane v. Fauver
  762 F.2d 325· 3d Cir.· 1985-05-28 ·cited 12×
  The district court should have retained jurisdiction over the § 1983 action while staying it pending the outcome of related state proceedings, rather than dismissing it.
• Vasquez v. City OF Hamtramck
  757 F.2d 771· 6th Cir.· 1985-03-21 ·cited 12×
  A claim of malicious prosecution for civil parking tickets, resulting only in monetary loss and inconvenience, is not actionable under 42 U.S.C. § 1983 because it does not involve the deprivation of a constitutionally protected right.
• Doby v. Strength
  758 F.2d 1405· 11th Cir.· 1985-03-06 ·cited 12×
  The court held that Fourth Amendment claims are not generally cognizable in federal habeas corpus and that abstention is appropriate pending state appellate review of the conviction.
• Beckham v. The NEW York City Hous. Auth.
  755 F.2d 1074· 2d Cir.· 1985-02-19 ·cited 12×·via 42 U.S.C. § 1983 Action
  Local housing authorities can establish a basic 'economic' rent schedule for tenants who fail to timely recertify their income and family composition, even if it exceeds statutory limitations, as the statute does not provide a method for such situations.
• Soto-Lopez v. NEW York City Civil Serv. Comm'n
  755 F.2d 266· 2d Cir.· 1985-02-15 ·cited 12×
  The court held that New York's requirement that veterans be residents at the time of their entry into the armed forces to receive bonus points for civil service examinations violates the Equal Protection Clause and the right to travel.