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

• Rymer v. Trooper H.A. Davis
  754 F.2d 198· 6th Cir.· 1985-02-11 ·cited 12×
  A city can be liable under 42 U.S.C. § 1983 for failure to train its police officers if the training was so reckless or grossly negligent that future misconduct was almost inevitable or substantially certain to result. The evidence supported the jury's finding of such liability.
• DeLEON v. Susquehanna Cmty. Sch. Dist.
  747 F.2d 149· 3d Cir.· 1984-10-30 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the denial of a preliminary injunction and the entry of final judgment, but only because the appellants failed to raise the issue of improper consolidation of the preliminary injunction hearing with the trial on the merits.
• Anna v. Jefferson
  747 F.2d 94· 2d Cir.· 1984-10-23 ·cited 12×·via 42 U.S.C. § 1983 Action
  The appeal is dismissed as moot because the primary election has concluded, rendering the case no longer live and the parties without a personal stake in the outcome.
• Collins v. King
  743 F.2d 248· 5th Cir.· 1984-09-24 ·cited 12×·via Section 1983
  A prisoner's claim of a biased tribunal in a disciplinary hearing, absent allegations of constitutionally inadequate state post-deprivation remedies, does not state a procedural due process violation under the Fourteenth Amendment.
• Wilson v. Beebe
  743 F.2d 342· 6th Cir.· 1984-08-29 ·cited 12×
  The court held that a negligent deprivation of a liberty interest may form the basis for a claim under 42 U.S.C. § 1983, but disagreed with the majority's finding of negligence liability based on a pendent state claim not properly pleaded.
• Dorothea E. Yoggerst v. Hedges
  739 F.2d 293· 7th Cir.· 1984-07-23 ·cited 12×·via 42 U.S.C. § 1983 Action
  A public employee's remark expressing personal satisfaction with a supervisor's potential termination, made in a work context, does not constitute speech on a matter of public concern protected by the First Amendment.
• Harris v. T.J. Forsyth and F. Christensen
  735 F.2d 1235· 11th Cir.· 1984-05-22 ·cited 12×·via 42 U.S.C. § 1983 Action
  Confiscation of an inmate's money does not violate civil rights if it is reasonable and non-arbitrary, even without explicit notice of the rule.
• Barron Collier v. City OF Springdale
  733 F.2d 1311· 8th Cir.· 1984-05-08 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court held that the availability of adequate state law mechanisms for compensation precludes a claim under 42 U.S.C. § 1983 for a taking of property for public use.
• Rollins v. Farmer
  731 F.2d 533· 8th Cir.· 1984-04-02 ·cited 12×
  The court held that the trial court erred in dismissing the suit against Officer Farmer in his individual capacity, as his good faith was placed in contention at the pretrial conference.
• Earnest Edmond Abbitt v. Franklin
  731 F.2d 661· 10th Cir.· 1984-03-30 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that the new rule established in Garcia v. Wilson, which dictates the method for selecting an analogous state statute of limitations for § 1983 claims, should not be retroactively applied to bar the plaintiff's claim due to substantial inequity.
• Boileau v. Bethlehem Steel Corp.
  730 F.2d 929· 3d Cir.· 1984-03-28 ·cited 12×
  The court held that the state court's denial of a petition to strike a judgment, limited to the face of the record, did not preclude a federal diversity action on the merits, and that the district court abused its discretion in denying a motion to amend the complaint based solely
• Lucinda Cunningham v. Barrett Toan
  728 F.2d 1101· 8th Cir.· 1984-03-01 ·cited 12×
  A state practice of automatically deeming Old Age, Survivor and Disability Insurance (OASDI) benefits, paid to a representative payee for a minor parent, as income available to that parent's dependent child for AFDC eligibility is invalid because it conflicts with federal regulat
• Arney v. Dep't OF Natural Res.
  448 So. 2d 1041· Fla. 1st DCA· 1983-12-29 ·cited 12×·via 42 U.S.C. § 1983 Liability
  Lawrence Arney appealed a summary judgment dismissing his false arrest, false imprisonment, and malicious prosecution claims against Department of Natural Resources officials following his arrest for failing to report an oil spill. The First District Court of Appeal reversed in p
• J.D. Franks and Margaret Franks v. Van Smith
  717 F.2d 183· 5th Cir.· 1983-10-14 ·cited 12×
  The court held that while federal courts lack jurisdiction over domestic relations disputes, a Fourth Amendment claim arising from a child custody situation can be heard if not frivolous.
• Duke v. Fob James
  713 F.2d 1506· 11th Cir.· 1983-09-09 ·cited 12×
  The court held that Pullman abstention was improper because the state statute was not "fairly subject to a state law construction that would avoid or substantially modify the federal constitutional question." The court also noted that dismissal was inappropriate if abstention wer
• Harris v. Young
  718 F.2d 620· 4th Cir.· 1983-08-16 ·cited 12×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
• Holman v. Hilton
  712 F.2d 854· 3d Cir.· 1983-07-06 ·cited 12×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  A state statute barring prisoners from filing tort claims until release from confinement violates the Due Process Clause of the Fourteenth Amendment if no adequate alternative administrative remedies exist.
• Turman v. Tuttle
  711 F.2d 148· 10th Cir.· 1983-06-28 ·cited 12×·via 42 U.S.C. § 1983 Action
  A pro se litigant who prevails in a § 1983 action is not entitled to attorney's fees under 42 U.S.C. § 1988.
• Fontana v. Barham
  707 F.2d 221· 5th Cir.· 1983-06-17 ·cited 12×
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because the defendant's actions did not constitute a deprivation of a constitutionally protected property interest.
• Segarra v. M.J. McDADE
  706 F.2d 1301· 4th Cir.· 1983-04-26 ·cited 12×
  A prison official's systematic and arbitrary prohibition of an inmate's right to call live witnesses in disciplinary hearings violates due process, even if the official has discretion to deny witnesses in specific cases.
• Jones v. O.D. Gann
  703 F.2d 513· 11th Cir.· 1983-04-18 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that res judicata barred claims against the city and mayor, but not against individual defendants Gann, Griffin, and Crane, as their involvement was not shown to have been adjudicated in prior proceedings.
• TUG Valley Recovery Ctr. v. Watt
  703 F.2d 796· 4th Cir.· 1983-03-29 ·cited 12×
  The court held that the district court correctly dismissed the case for lack of subject matter jurisdiction because the challenge to the Secretary's approval of the state program constituted an attack on federal regulation 30 C.F.R. § 705.5, which must be brought in the District
• CLR Corp. v. Lowell Henline
  702 F.2d 637· 6th Cir.· 1983-03-23 ·cited 12×
• Mitchell v. Marlin W. Johnston
  701 F.2d 337· 5th Cir.· 1983-03-14 ·cited 12×
  The court held that Texas's reduced EPSDT program failed to provide adequate dental care and affirmed the district court's finding of non-compliance, but reversed and remanded regarding attorney's fees.
• Phelps v. Sgt. Anderson and Officer Langford
  700 F.2d 147· 4th Cir.· 1983-02-22 ·cited 12×
  The court held that a prisoner's temporary loss of property due to negligent ministerial acts by prison officials does not violate due process if an adequate postdeprivation remedy exists.
• Glick v. Sargent
  696 F.2d 413· 8th Cir.· 1983-01-10 ·cited 12×
  The court held that the inmate's pro se complaint failed to state a cause of action against the prison officers and warden, and that courts generally do not review prison disciplinary factual findings.
• Fulford v. King
  692 F.2d 11· 5th Cir.· 1982-11-22 ·cited 12×
  The court held that requiring prisoners in an extended lockdown unit to wear full restraints and a 'black box' during transport outside the prison does not violate the Eighth or Fourteenth Amendments.
• Remola Boykin v. The Dist. of Columbia
  689 F.2d 1092· D.C. Cir.· 1982-09-10 ·cited 12×
  The court held that municipalities cannot be held liable under a respondeat superior theory for constitutional torts committed by their employees in Bivens-type actions, and that claims under 42 U.S.C. §§ 1983, 1985, and 1986 are not applicable to the District of Columbia in this
• Tikalsky v. City OF Chicago
  687 F.2d 175· 7th Cir.· 1982-08-02 ·cited 12×·via Section 1983
  The court held that the district court abused its discretion by granting a new trial based on the reversal of a case that had minimal impact on the jury's deliberations and was not a basis for the jury's verdict.
• Hogan v. Midland Cnty. Comm'rs Court & Dallas Smith
  680 F.2d 1101· 5th Cir.· 1982-07-22 ·cited 12×
  The court held that the district court erred in denying a prisoner's motion to proceed in forma pauperis without sufficient justification, as the prisoner's claims were not demonstrably frivolous or malicious.
• Parviz Modaber, M.D. v. Culpeper Mem'l Hosp., Inc.
  674 F.2d 1023· 4th Cir.· 1982-03-24 ·cited 12×·via 42 U.S.C. § 1983 Action
  A private hospital's revocation of a physician's clinical staff privileges is not "state action" under the Fourteenth Amendment, even if the hospital receives federal funding, treats Medicare/Medicaid patients, or reports revocations to state authorities.
• Heille v. The City OF ST. Paul
  671 F.2d 1134· 8th Cir.· 1982-02-26 ·cited 12×·via 42 U.S.C. § 1983 Violations
  The court held that the plaintiff failed to establish the requisite nexus with interstate commerce for his antitrust claims and that his § 1983 claims were also properly dismissed.
• Bradley v. Coughlin
  671 F.2d 686· 2d Cir.· 1982-01-27 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that the prisoner's pro se complaint adequately stated claims for damages and that his first notice of appeal was timely and sufficient to confer appellate jurisdiction.
• Kirksey v. City OF Jackson
  663 F.2d 659· 5th Cir.· 1981-12-11 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court held that the at-large voting system in Jackson, Mississippi, does not violate the Constitution or the Voting Rights Act because there was no proof of discriminatory intent in its establishment or maintenance, and judicial inquiry into individual voter motives is imperm
• Wolfel v. Sanborn
  666 F.2d 1005· 6th Cir.· 1981-11-18 ·cited 12×
  The court held that parole officers are entitled to qualified immunity and should not be held personally liable for damages for obeying a policy adopted by the Authority and approved by the Attorney General, especially when they lacked authority to conduct on-site hearings.
• Postscript Enters., Inc. v. Whaley
  658 F.2d 1249· 8th Cir.· 1981-09-14 ·cited 12×
  The court held that the St. Louis ordinance restricting the sale of contraceptives and sex-inciting devices is unconstitutional, violating the right to privacy and due process through vagueness.
• Cohn v. Papke
  655 F.2d 191· 9th Cir.· 1981-08-31 ·cited 12×
  The court held that the admission of evidence regarding the plaintiff's prior sexual experiences and preferences was reversible error because it was irrelevant, impermissible character evidence, and unduly prejudicial.
• Bloomer Shippers Ass'n v. Ill. Cent. Gulf R.R. Co.
  655 F.2d 772· 7th Cir.· 1981-07-28 ·cited 12×
  The court held that the plaintiffs' claims under the Civil Rights Act of 1871 failed for lack of state action, and claims under the Interstate Commerce Act were barred by res judicata or lacked a private right of action.
• Foley v. The Ala. State BAR
  648 F.2d 355· 5th Cir.· 1981-06-19 ·cited 12×
  The court held that the state action exemption barred the antitrust claims, but that the First Amendment claims were improperly decided on summary judgment due to unresolved factual issues.
• Burroughs Corp. v. Werner H. Kramarsky
  650 F.2d 1308· 2d Cir.· 1981-05-11 ·cited 12×
  ERISA does not preempt New York's Human Rights Law regarding disability benefits for pregnancy.
• Sisk v. Tex. Parks & Wildlife Dep't
  644 F.2d 1056· 5th Cir.· 1981-05-11 ·cited 12×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that the district court erred in dismissing the complaint, as the allegations stated a federal question and a claim upon which relief could be granted.
• Yellow Springs Exempted Vill. Sch. Dist. Bd. OF Educ. v. Ohio High Sch. Athletic Ass'n
  647 F.2d 651· 6th Cir.· 1981-04-28 ·cited 12×·via Violation Of 42 U.S.C. § 1983
  The court held that the OHSAA's rule prohibiting girls from participating in contact sports violates Title IX regulations, but it declined to rule on the constitutionality of the regulation itself. The court reversed the district court's finding that the regulation was unconstitu
• Julianna McKENNA and Alice Brown v. Peekskill Hous. Auth.
  647 F.2d 332· 2d Cir.· 1981-04-22 ·cited 12×
  The court held that the housing authority's rule requiring registration and permission for overnight guests infringed tenants' constitutional rights of association and privacy, and that the damage claims were not moot despite the rule's rescission.
• Lyght v. Ford Motor Co.
  643 F.2d 435· 6th Cir.· 1981-03-09 ·cited 12×
  A settlement with a state civil rights agency, which resulted in a promotion but no back pay, does not preclude an employee from pursuing a Title VII claim for back pay in federal court.
• Johnson v. Parke
  642 F.2d 377· 10th Cir.· 1981-02-26 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's allegations, if true, state a claim for denial of access to the courts under 42 U.S.C. § 1983, and the complaint was improperly dismissed as frivolous.
• Zaczek v. Hutto
  642 F.2d 74· 4th Cir.· 1981-02-20 ·cited 12×
  The court held that the "publishers-only" rule for inmate publications did not violate the First Amendment when justified by security concerns, and that the disciplinary procedures used did not violate due process rights.
• Giles M. Lugar v. Edmondson OIL Co., Inc.
  639 F.2d 1058· 4th Cir.· 1981-01-09 ·cited 12×
• Davis v. City OF Abbeville
  633 F.2d 1161· 5th Cir.· 1981-01-08 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court affirmed the attorney's fees award, finding no abuse of discretion despite the district court's failure to explicitly articulate the Johnson factors, as the record indicated consideration and the award was not palpably unreasonable.
• Layne v. Sampley
  627 F.2d 12· 6th Cir.· 1980-08-11 ·cited 12×
  The court held that the jury's verdict was supported by evidence and should not have been set aside, as the officer's actions could be construed as being under color of state law.
• Taylor v. Mayone
  626 F.2d 247· 2d Cir.· 1980-06-27 ·cited 12×
  The court held that the three-year statute of limitations under CPLR § 214(2) applies to federal civil rights suits against sheriffs and their deputies, not the one-year limit of CPLR § 215(1).