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

• Newsweek, Inc. v. Dep't OF Revenue OF THE State OF Fla.
  689 So. 2d 361· Fla. 1st DCA· 1997-02-18 ·cited 11×
  Newsweek appealed a summary judgment denial of its claim for a tax refund on magazines sold between January 1, 1988, and December 9, 1990, when Florida taxed magazines but not newspapers in violation of the First Amendment. The court affirmed, holding that Newsweek had an adequat
• Johnson v. Mortham
  915 F. Supp. 1529· N.D. Fla.· 1996-10-29 ·cited 11×
  Plaintiffs who successfully invalidated a racially gerrymandered congressional district are prevailing parties entitled to attorney fees under 42 U.S.C. § 1988 against state defendants, notwithstanding their subsequent objections to the legislature's remedial plan. Good faith, la
• Kingston Square Tenants Ass'n v. Tuskegee Gardens, Ltd.
  792 F. Supp. 1566· S.D. Fla.· 1992-05-26 ·cited 11×·via Section 1983
  The court held that tenants cannot bring an implied cause of action under federal housing statutes for monetary damages and that tort claims for economic losses arising from a contract breach are barred by the economic loss rule.
• Partee v. Metro. Sch. Dist. OF Wash. Twp.
  954 F.2d 454· 7th Cir.· 1992-01-21 ·cited 11×
  The court held that the school district was not liable under § 1983 for the superintendent's isolated act, that the plaintiff's promotion claims were not actionable under § 1981, and that the trial court did not abuse its discretion in denying a Rule 60(b) motion to revive dismis
• Renay Hunter v. The Dist. OF Columbia
  943 F.2d 69· D.C. Cir.· 1991-08-30 ·cited 11×·via Violation Of 42 U.S.C. § 1983
  The court held that a plaintiff's § 1983 claim against an individual officer for excessive force, occurring before Graham v. Connor, must meet a heightened pleading standard and be judged against the "clearly established" law at the time, which in this circuit was the Norris stan
• Schroeder v. City OF Chicago
  927 F.2d 957· 7th Cir.· 1991-03-13 ·cited 11×
  A delay in receiving disability benefits, even if caused by malicious conduct, does not constitute a deprivation of property without due process of law under 42 U.S.C. § 1983, nor does it violate the Rehabilitation Act of 1973.
• Gooden v. Howard Cnty.
  917 F.2d 1355· 4th Cir.· 1990-11-09 ·cited 11×
  The court held that genuine issues of material fact exist regarding the information available to the officers, precluding summary judgment on qualified immunity.
• John-Tyronne Martin v. Davies
  917 F.2d 336· 7th Cir.· 1990-11-05 ·cited 11×
  The court held that the plaintiff's equitable claims were moot due to his transfer and that his damage claims failed to allege sufficient prejudice to state constitutional violations.
• Trautvetter v. Quick
  916 F.2d 1140· 7th Cir.· 1990-10-12 ·cited 11×·via Section 1983
• White v. Am. Airlines, Inc.
  915 F.2d 1414· 10th Cir.· 1990-10-01 ·cited 11×·via Violation Of 42 U.S.C. § 1983
  The court held that the jury instruction on the plaintiff's burden of proof regarding the motive for discharge was erroneous because it did not require the refusal to commit perjury to be a significant factor in the termination decision. The court reversed and remanded for a new
• Gibson v. The City OF Chicago
  910 F.2d 1510· 7th Cir.· 1990-08-23 ·cited 11×
  The court held that Officer Novit's actions were not under color of state law, affirming dismissal of the § 1983 claim against him. However, summary judgment for the City and O'Grady on municipal and supervisory liability claims were premature due to limited discovery.
• Ross v. Neff
  905 F.2d 1349· 10th Cir.· 1990-06-04 ·cited 11×
  The court held that while the arrest was extra-jurisdictional and thus a Fourth Amendment violation, the arresting officer was entitled to qualified immunity. The county, however, was not entitled to immunity and the claim against it for the extra-jurisdictional arrest was remand
• Love Church v. City OF Evanston
  896 F.2d 1082· 7th Cir.· 1990-03-01 ·cited 11×
  The court held that Love Church lacked constitutional standing to bring its claim because it failed to demonstrate a distinct and palpable injury fairly traceable to the challenged action and redressable by a favorable decision.
• Nieto v. SAN Perlita Indep. Sch. Dist.
  894 F.2d 174· 5th Cir.· 1990-02-16 ·cited 11×·via 42 U.S.C. § 1983 Action
  The court held that the defendants are entitled to qualified immunity because the plaintiff failed to plead sufficient facts to overcome the defense, and his speech caused significant disruption outweighing its public concern value.
• Pleasant v. Zamieski
  895 F.2d 272· 6th Cir.· 1990-02-08 ·cited 11×·via 42 U.S.C. § 1983 (Excessive Force)
  The concurring judge agrees with the majority's result but disagrees with the reasoning in Section II, believing the excessive force issue should have been left to the jury.
• Good v. Dauphin Cnty. Soc. Servs. FOR Child. & Youth
  891 F.2d 1087· 3d Cir.· 1989-12-15 ·cited 11×
  Pennsylvania's Child Protective Services Law cannot immunize defendants from federal law violations, and officers Hooper and Sweigart are not entitled to qualified immunity based on the facts presented.
• Vosburg v. Dep't OF Soc. Servs.
  884 F.2d 133· 4th Cir.· 1989-08-29 ·cited 11×·via 42 U.S.C. § 1983 Action
  State social workers are absolutely immune from liability for filing a child removal petition, as this action is considered prosecutorial in nature.
• Bougher v. Univ. OF Pittsburgh
  882 F.2d 74· 3d Cir.· 1989-08-15 ·cited 11×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff's claims under Title IX, Section 1983, Section 1985(3), and intentional infliction of emotional distress were time-barred by the applicable statutes of limitations.
• Thomas v. Carpenter
  881 F.2d 828· 9th Cir.· 1989-08-09 ·cited 11×
  A public employee states a cause of action under 42 U.S.C. § 1983 for retaliation when their employer takes adverse actions against them for engaging in constitutionally protected speech, even if the employee was not terminated or demoted.
• Finkelstein v. Bergna
  881 F.2d 702· 9th Cir.· 1989-08-02 ·cited 11×
  The court held that the defendant was not entitled to qualified immunity on the plaintiff's First Amendment claim, nor on his procedural due process claims regarding property and liberty interests, because the law was clearly established at the time of the alleged violations.
• Gorra v. Hanson
  880 F.2d 95· 8th Cir.· 1989-07-24 ·cited 11×·via 42 U.S.C. § 1983 Claim For Deprivation Of Liberty Without Due Process
  The court held that the troopers were entitled to qualified immunity because they could have reasonably believed probable cause existed for the arrest under the "arguable probable cause" standard, and the relevant law was not clearly established at the time.
• Taylor v. List
  880 F.2d 1040· 9th Cir.· 1989-07-17 ·cited 11×·via 42 U.S.C. § 1983 Action
  The court held that a prisoner's Sixth Amendment right to self-representation includes the right to access law books and witnesses necessary to prepare a defense, and that genuine issues of material fact existed regarding whether prison officials violated this right.
• Reba Williams Dixon v. Md. State Admin. Bd. OF Election Laws
  878 F.2d 776· 4th Cir.· 1989-06-28 ·cited 11×·via Violation Of 42 U.S.C. § 1983
  Maryland's requirement that non-indigent write-in candidates pay a filing fee to be certified and have their votes reported impermissibly infringes on voters' First and Fourteenth Amendment rights.
• Nicholson v. CPC Int'l Inc.
  877 F.2d 221· 3d Cir.· 1989-06-02 ·cited 11×·via 42 U.S.C. § 1983 Action
  An employee cannot prospectively waive their right to a judicial forum for claims arising under the Age Discrimination in Employment Act (ADEA) through an arbitration clause in an employment contract.
• Thompson-El v. Jones
  876 F.2d 66· 8th Cir.· 1989-06-01 ·cited 11×
  The court held that the trial court did not abuse its discretion in denying the appellant leave to file a second amended complaint, as the motion was untimely and would have caused undue delay and prejudice.
• Merritt v. Cnty. OF LOS Angeles
  875 F.2d 765· 9th Cir.· 1989-05-24 ·cited 11×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in denying the motion to amend based on federal notice requirements, and that the grant of judgment notwithstanding the verdict for the County was proper due to insufficient evidence of a policy of inadequate training.
• Hamer v. City OF Atlanta
  872 F.2d 1521· 11th Cir.· 1989-05-23 ·cited 11×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the district court's validation of the employment examination, finding the validation study met professional standards despite challenges regarding statistical significance and supervisory rating inconsistencies.
• Anatol Kozlowski v. Coughlin
  871 F.2d 241· 2d Cir.· 1989-03-17 ·cited 11×
• Centifanti v. NIX
  865 F.2d 1422· 3d Cir.· 1989-01-20 ·cited 11×
  The court held that the district court had subject matter jurisdiction over the complaint as a general constitutional challenge to state bar rules, not an improper review of a state court decision. The court also reversed the denial of the motion to amend the complaint.
• Edward and Gilda Bergman v. The City OF Atl. City
  860 F.2d 560· 3d Cir.· 1988-10-24 ·cited 11×·via Violation Of 42 U.S.C. § 1983
  An order concluding one of two consolidated cases should not be considered final and appealable.
• Glick v. Dr. F.M. Henderson
  855 F.2d 536· 8th Cir.· 1988-08-25 ·cited 11×
  The court concurred with the dismissal without prejudice, allowing for a new lawsuit to be filed.
• Tex. State Teachers Ass'n v. Garland Indep. Sch. Dist.
  837 F.2d 190· 5th Cir.· 1988-02-08 ·cited 11×
  Appellants were not eligible for attorney's fees under 42 U.S.C. § 1988 because they did not prevail on the central issue of their lawsuit, despite achieving partial success.
• Mack v. Varelas
  835 F.2d 995· 2d Cir.· 1987-12-22 ·cited 11×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that a state prisoner's civil rights action for damages under 42 U.S.C. § 1983, which does not challenge the validity of his conviction or seek release, should not be dismissed for failure to exhaust state remedies, but may be stayed pending the outcome of state co
• Am. Nat'l Bank & Tr. Co. under Tr. No. 33832 v. City OF Chicago & Zoning Bd. of Appeals for the City of Chicago
  826 F.2d 1547· 7th Cir.· 1987-07-13 ·cited 11×
  A dismissal for failure to comply with a statutory deadline for seeking judicial review of an administrative decision, even if characterized as jurisdictional, is considered a decision on the merits for preclusion purposes under Illinois law.
• Buetine Demery v. City OF Youngstown
  818 F.2d 1257· 6th Cir.· 1987-05-12 ·cited 11×
  The court held that its decision applying a one-year statute of limitations to § 1981 claims should not be applied retroactively when a plaintiff reasonably relied on a prior decision applying a longer statute of limitations.
• Andree v. Ashland Cnty.
  818 F.2d 1306· 7th Cir.· 1987-05-05 ·cited 11×
  The court held that the unsuccessful attempt to enforce a facially content-neutral ordinance, and the presence of deputies at a public concert, did not violate the plaintiffs' First or Fourth Amendment rights under 42 U.S.C. § 1983.
• Kulick v. Pocono Downs Racing Ass'n
  816 F.2d 895· 3d Cir.· 1987-04-23 ·cited 11×·via 42 U.S.C. § 1983 Civil Rights Claim
  A district court cannot use its factual findings from a preliminary injunction hearing regarding state action as conclusive for determining its own subject matter jurisdiction.
• Roudybush v. Zabel
  813 F.2d 173· 8th Cir.· 1987-03-06 ·cited 11×
  Private parties acting unlawfully under a constitutional state statute, even with state official assistance, do not satisfy the 'state policy' component of the 'fair attribution' test for section 1983 'under color of state law' claims.
• Coleman Washington v. Wiley F. Kirksey
  811 F.2d 561· 11th Cir.· 1987-03-02 ·cited 11×·via 42 U.S.C. § 1983 Claim For Deprivation Of Due Process
  The court held that the superintendent's actions in sabotaging a settlement agreement violated the teacher's due process rights, but the school board members did not ratify this conduct by terminating the teacher's contract. The court affirmed the district court's judgment agains
• Morello v. James
  810 F.2d 344· 2d Cir.· 1987-01-26 ·cited 11×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a prisoner's claim of intentional obstruction of access to the courts, a substantive constitutional right, is actionable under 42 U.S.C. § 1983 and not barred by the Parratt v. Taylor rule, even if a state remedy exists.
• Simmons v. Dickhaut
  804 F.2d 182· 1st Cir.· 1986-11-06 ·cited 11×
  The court held that an allegation of intentional deprivation of the right of access to the courts, stemming from the confiscation of legal materials, states a cause of action under § 1983 and is not precluded by the Parratt analysis.
• Berndt v. State OF Tenn. & Lakeshore Mental Health Inst.
  796 F.2d 879· 6th Cir.· 1986-07-22 ·cited 11×
  The court held that while the State of Tennessee and LMHI are immune from suit under the Eleventh Amendment, the case should be remanded to allow the pro se plaintiff to amend his complaint to name individual state officials as defendants.
• Stevens v. GAY
  792 F.2d 1000· 11th Cir.· 1986-06-27 ·cited 11×
  The court held that attorney's fees cannot be awarded against state officials who successfully assert qualified immunity, and that the trial court erred in denying the plaintiff's motion to amend his complaint to add state departments as defendants.
• Benham v. Ledbetter
  785 F.2d 1480· 11th Cir.· 1986-03-21 ·cited 11×
  The court held that Georgia's statutory scheme for releasing persons committed after acquittal by reason of insanity is constitutional, as it satisfies due process requirements.
• Lutz v. Weld Cnty. Sch. Dist. NO. 6
  784 F.2d 340· 10th Cir.· 1986-02-10 ·cited 11×
  The court held that while a jury instruction on qualified immunity was technically erroneous by submitting the 'clearly established law' question to the jury, it was not reversible error because the instructions as a whole did not mislead the jury and the evidence exclusion was p
• Everett v. Schramm
  772 F.2d 1114· 3d Cir.· 1985-09-06 ·cited 11×
  The court held that the Eleventh Amendment does not bar federal jurisdiction over claims brought under 42 U.S.C. § 1983, even if they require interpreting state law, and that Delaware's reduction of its AFDC standard of need did not violate federal law.
• Archie v. Christian
  768 F.2d 726· 5th Cir.· 1985-08-19 ·cited 11×
  A magistrate lacks jurisdiction to conduct a jury trial in a prisoner civil rights case without the explicit consent of all parties, rendering any judgment invalid.
• Londono v. City OF Gainesville
  768 F.2d 1223· 11th Cir.· 1985-08-14 ·cited 11×
  The court held that the district court's injunction enforcing a settlement agreement was vacated because the record was ambiguous regarding whether the City Commission's actions constituted an unconditional acceptance and whether an enforceable contract was formed.
• Sunshine State Serv. Corp. v. Dove Invs. OF Hillsborough
  468 So. 2d 281· Fla. 5th DCA· 1985-03-14 ·cited 11×·via 42 U.S.C. § 1983 Action
  Sunshine State Service Corporation challenged a circuit court's stay of state court proceedings in favor of a subsequently filed federal action by the respondents. The Florida appellate court quashed the stay, holding that the state court lacked authority to stay the first-filed
• Gibson v. Firestone
  741 F.2d 1268· 11th Cir.· 1984-08-28 ·cited 11×
  The federal court did not abuse its discretion in denying injunctive relief to compel the Secretary of State to disregard a Florida Supreme Court decision invalidating a proposed constitutional amendment.