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

• Jane DOE "A" v. The Special Sch. Dist. OF ST. Louis Cnty.
  901 F.2d 642· 8th Cir.· 1990-04-17 ·cited 10×
  The court held that the evidence did not support a finding that individual defendants had notice of a pattern of unconstitutional acts or were deliberately indifferent, nor did it establish a custom of deliberate indifference by the District, thus affirming summary judgment.
• Sammie Kelley, Jr. v. McGINNIS
  899 F.2d 612· 7th Cir.· 1990-04-05 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred by entering summary judgment against a pro se prisoner without providing him notice of the conversion of dismissal motions into summary judgment motions and an opportunity to respond.
• Schepp v. Fremont Cnty.
  900 F.2d 1448· 10th Cir.· 1990-03-30 ·cited 10×
  The court held that a motion to add a judge as a defendant was futile due to judicial immunity and mootness of the declaratory judgment claim, and that summary judgment for the county was proper as there was no evidence of deliberate indifference or a constitutional violation reg
• Wolf v. Larson
  897 F.2d 1409· 7th Cir.· 1990-03-16 ·cited 10×·via 42 U.S.C. § 1983 Action
  A plaintiff must establish a property interest, a legitimate claim of entitlement, to prevail under the due process clause in the employment context. A village ordinance combining the clerk and collector roles, without more, does not create a property interest in the collector po
• Durrett v. Hous. Auth. OF the City OF Providence
  896 F.2d 600· 5th Cir.· 1990-02-14 ·cited 10×
  The court held that denial of a consent decree providing injunctive relief is appealable under 28 U.S.C. § 1292(a)(1) if it has serious consequences, and that the district court abused its discretion by refusing to approve a comprehensive settlement agreement in a public housing
• Lewis v. Parish OF Terrebonne
  894 F.2d 142· 5th Cir.· 1990-02-12 ·cited 10×
  The court held that the jury's finding of deliberate indifference was supported by evidence, the punitive damage award was valid, and qualified immunity did not apply. However, the case was remanded for determination of pre-death compensatory damages.
• Native Vill. OF Noatak v. Hoffman
  896 F.2d 1157· 9th Cir.· 1990-02-12 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The dissenting judge would affirm the district court's dismissal for lack of a substantial federal question, finding the federal claims frivolous and insubstantial.
• Nelsen v. King Cnty.
  895 F.2d 1248· 9th Cir.· 1990-02-09 ·cited 10×
  The court should have considered statistical evidence to determine the probability of future harm, even if not quantitatively over fifty percent.
• Narvaez v. Nazario
  895 F.2d 38· 1st Cir.· 1990-02-05 ·cited 10×
  The court held that the plaintiff's letters did not effectively toll the statute of limitations for her Section 1983 claim.
• Collard v. Ky. Bd. OF Nursing
  896 F.2d 179· 6th Cir.· 1990-01-17 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the one-year statute of limitations for personal injury actions under Ky. Rev. Stat. § 413.140(1)(a) applies to 42 U.S.C. § 1983 claims in Kentucky, and the plaintiff's action was untimely.
• Williams v. Hatcher
  890 F.2d 993· 7th Cir.· 1989-12-13 ·cited 10×
  The court held that a party seeking to revive a lost right to appeal under Rule 60(b)(6) must demonstrate diligence, which the defendant failed to do.
• Hedge v. Cnty. OF Tippecanoe
  890 F.2d 4· 7th Cir.· 1989-11-17 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  Individual defendants are entitled to qualified immunity because the right to privacy from sexually explicit pre-employment polygraph questions was not clearly established at the time. However, the County is not entitled to qualified immunity.
• Dellenbach v. Letsinger
  889 F.2d 755· 7th Cir.· 1989-11-14 ·cited 10×
  State judges and court personnel are entitled to absolute judicial immunity for actions taken within their judicial capacity, even if those actions are erroneous or in excess of authority, as long as they are not in the clear absence of all jurisdiction.
• Horton v. Charles
  889 F.2d 454· 3d Cir.· 1989-11-14 ·cited 10×
  The court held that the evidence was sufficient to support a liability judgment against the City and Sergeant Dlubak, as the victim was in state custody or the death resulted from an official policy. The Supreme Court's decision in DeShaney did not compel a judgment notwithstandi
• Acosta-Sepulveda v. Hernandez-Purcell
  889 F.2d 9· 1st Cir.· 1989-11-08 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff received adequate procedural due process, but that her termination was politically motivated, violating her First Amendment rights.
• Davis Harris v. Milwaukee Cnty. Cir. Court & David V. Jennings, Jr.
  886 F.2d 982· 7th Cir.· 1989-10-13 ·cited 10×
  A notice of appeal filed before a post-dated final judgment becomes effective is treated as timely filed.
• Watson v. Ark. Nat'l Guard
  886 F.2d 1004· 8th Cir.· 1989-09-22 ·cited 10×
  Civilian courts cannot review intra-military personnel disputes, including claims for injunctive relief, due to the need to preserve military discipline and Congress's plenary authority over the military.
• Zambrano v. City OF Tustin
  885 F.2d 1473· 9th Cir.· 1989-09-21 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that sanctions for mere negligence in failing to join the district court bar are improper, and attorneys' fees can only be awarded for bad faith or willful disobedience.
• Lile v. The Univ. OF Iowa Hosps. & Clinics
  886 F.2d 157· 8th Cir.· 1989-09-19 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The court held that the Hospital could credit state-funded care towards its Hill-Burton obligation, and that patients need not specifically request Hill-Burton benefits if their inability to pay is otherwise indicated.
• Akil Al-Jundi v. The Est. OF Nelson Rockefeller
  885 F.2d 1060· 2d Cir.· 1989-09-15 ·cited 10×
  The court held that Governor Rockefeller's limited involvement in the decision to retake the prison did not rise to the level of personal responsibility required for section 1983 liability, and that the Estate was entitled to qualified immunity.
• Chathas v. Norbert Smith
  884 F.2d 980· 7th Cir.· 1989-09-05 ·cited 10×
  The court held that the officers had probable cause to arrest Ellis for examination and commitment, and that the search of Chathas was justified by a court order. However, the court also found that Chathas made a prima facie case of unreasonable seizure and that plaintiffs' Fourt
• Tyniece Carpenter v. City OF ST. Petersburg
  547 So. 2d 339· Fla. 2d DCA· 1989-08-11 ·cited 10×
  Tyniece Carpenter appeals the dismissal of her negligent arrest complaint against the City of St. Petersburg and summary judgment against police officer Kenneth Kokotek. The court affirmed both dismissals, holding that the city enjoys sovereign immunity for negligent arrest and t
• Frank Rosenberg, Inc. v. Tazewell Cnty.
  882 F.2d 1165· 7th Cir.· 1989-08-11 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff lacked standing because he did not suffer a personal injury fairly traceable to the defendant's conduct and redressable by the court.
• The Hoopa Valley Tribe v. Nevins
  881 F.2d 657· 9th Cir.· 1989-07-28 ·cited 10×
  The court held that federal law preempts California's timber yield tax on timber harvested from tribal lands, and that the tribe's claim for attorney's fees under 42 U.S.C. § 1988 was not cognizable under 42 U.S.C. § 1983.
• Kwame Kalimara v. Ill. Dep't OF Corr.
  879 F.2d 276· 7th Cir.· 1989-07-14 ·cited 10×
  The court held that the two-year Illinois personal injury statute of limitations applies to § 1983 claims, and the plaintiff's claim was untimely.
• O'Brien v. City OF Greers Ferry
  873 F.2d 1115· 8th Cir.· 1989-05-01 ·cited 10×
  The court held that attorney's fees incurred prior to removal are not recoverable under § 1988 if they are the same as compensatory damages awarded, and that a plaintiff who rejects a Rule 68 offer of judgment and recovers less than the offer must pay the defendant's post-offer c
• Feagley v. Waddill
  868 F.2d 1437· 5th Cir.· 1989-04-04 ·cited 10×
  The denial of a motion for summary judgment based on qualified immunity is not appealable if disputed factual issues material to immunity are present, as it does not constitute a final judgment.
• Elzy v. Warden Roberson
  868 F.2d 793· 5th Cir.· 1989-03-30 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's § 1983 action was time-barred by Louisiana's one-year statute of limitations for delictual actions.
• Taylor v. Green
  868 F.2d 162· 5th Cir.· 1989-03-22 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that while a jury's verdict on damages is generally inviolate, nominal damages can be awarded when a constitutional right is violated but actual damages are not proven.
• Terry L. Davis for the Estate of Ronald D. Davis v. The City OF Ellensburg
  869 F.2d 1230· 9th Cir.· 1989-03-01 ·cited 10×·via 42 U.S.C. § 1983 Claim Against Municipality
  The court held that the plaintiffs failed to produce significantly probative evidence of a municipal policy or custom that caused the decedent's death, and the City's supervision was not deliberately indifferent.
• Remo Benigni v. City OF Hemet
  868 F.2d 307· 9th Cir.· 1989-02-14 ·cited 10×·via 42 U.S.C. § 1983 Liability
  The court held that the City of Hemet and its police officers did not preserve all their challenges to the jury instructions and that sufficient evidence supported the jury's verdict on the various constitutional claims, affirming the judgment.
• Howlett v. Rose
  537 So. 2d 706· Fla. 2d DCA· 1989-02-01 ·cited 10×·via 42 U.S.C. § 1983 Action
  The question of a state's sovereign immunity to an action brought in state court under 42 U.S.C. § 1983 is a matter of state law, and Florida has not waived its sovereign immunity for such actions except as provided by statute for traditional tort actions.
• Vigliotto v. Terry
  865 F.2d 1131· 9th Cir.· 1989-01-19 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that a temporary three-day deprivation of an inmate's legal materials, without fault of the defendants, does not rise to a constitutional deprivation of access to the courts, and general allegations of harassment are insufficient to state an Eighth Amendment claim.
• Swapshire v. Baer
  865 F.2d 948· 8th Cir.· 1989-01-18 ·cited 10×
  The court held that a state court judgment affirming an administrative discharge decision has preclusive effect in a federal civil rights action, and that jury instructions on intentional discrimination were proper.
• Tyler v. Black
  865 F.2d 181· 8th Cir.· 1989-01-12 ·cited 10×
  The court held that the use of boxcar doors on Level I cells constitutes cruel and unusual punishment in violation of the Eighth Amendment.
• Front Royal & Warren Cnty. Indus. Park Corp. v. Town OF Front Royal
  865 F.2d 77· 4th Cir.· 1989-01-09 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that an order striking a defense of absolute legislative immunity is immediately appealable because it conclusively determines the disputed question, resolves an important issue separate from the merits, and is effectively unreviewable on appeal from a final judgme
• Holt v. Ford
  862 F.2d 850· 11th Cir.· 1989-01-04 ·cited 10×
• Walters v. W. State Hosp.
  864 F.2d 695· 10th Cir.· 1988-12-29 ·cited 10×
  The court held that genuine issues of material fact existed regarding whether the defendants acted reasonably and exercised professional judgment in an emergency situation, precluding summary judgment based on qualified immunity.
• Edwards v. Baer
  863 F.2d 606· 8th Cir.· 1988-12-19 ·cited 10×·via 42 U.S.C. § 1983 Liability
  An officer making an arrest based on a facially valid warrant, even if later found invalid, is entitled to qualified immunity if their actions were objectively reasonable. A municipality is not liable for an employee's violation if its policy, if followed, would have prevented th
• DeWayne Moore v. Thieret
  862 F.2d 148· 7th Cir.· 1988-12-02 ·cited 10×
  The appeal from the denial of a preliminary injunction is dismissed as moot because the plaintiff has been transferred to another prison and there is no indication he is likely to be returned to the original prison.
• Doherty v. S. Coll. OF Optometry
  862 F.2d 570· 6th Cir.· 1988-12-01 ·cited 10×
  The court held that a student with a handicap is not 'otherwise qualified' if they cannot meet essential program requirements, and that a university can change academic standards if reasonable and not arbitrary.
• DOE v. Hennepin Cnty.
  858 F.2d 1325· 8th Cir.· 1988-10-06 ·cited 10×
  The court affirmed the lower court's decision, finding that the appellees are protected by qualified immunity despite potential due process concerns.
• Hatch v. Lane
  854 F.2d 981· 7th Cir.· 1988-08-10 ·cited 10×
  The court held that the district court's dismissal order, which allowed the plaintiff to file an amended complaint, was not a final decision and therefore not appealable under 28 U.S.C. § 1291.
• Davis v. Little
  851 F.2d 605· 2d Cir.· 1988-07-12 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the magistrate correctly applied the Fourth Amendment's reasonableness standard to the officer's use of deadly force, even though the incident occurred before the Supreme Court's decision in Tennessee v. Garner, and affirmed the damages award.
• Easter House v. Felder
  852 F.2d 901· 7th Cir.· 1988-07-08 ·cited 10×
  The court held that a random and unauthorized intentional deprivation of property by state employees does not violate the Fourteenth Amendment if meaningful post-deprivation remedies are available in state court.
• Frazier v. Coughlin
  850 F.2d 129· 2d Cir.· 1988-06-29 ·cited 10×
  The court held that the district court erred by failing to consider all of the plaintiff's claims when dismissing the complaint, and that claims based on rules not properly filed may be valid if the plaintiff lacked notice.
• Moreton Rolleston, Jr. v. Judge Frank M. Eldridge
  848 F.2d 163· 11th Cir.· 1988-06-27 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that a judge is protected by judicial immunity for actions taken in a judicial capacity, even if procedural errors occurred, and that federal courts should not review state court decisions.
• Brown v. United States
  851 F.2d 615· 3d Cir.· 1988-06-21 ·cited 10×
  The court held that the record was insufficient to determine the qualified immunity claim and that mandamus was not appropriate, thus remanding for further proceedings.
• Lani Soules v. Kauaians FOR Nukolii Campaign Comm.
  849 F.2d 1176· 9th Cir.· 1988-06-14 ·cited 10×
  The court held that appellants' equal protection claim for equitable relief was barred by laches, and a Section 1983 damage action was not available for bypassed equitable remedies. The court reversed the award of sanctions against the appellants.
• Byrne v. Roemer
  847 F.2d 1130· 5th Cir.· 1988-06-13 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the prisoner was not entitled to a stay of execution because his section 1983 claim, based on the premise that a Louisiana statute unconstitutionally limited his federal right to seek Supreme Court review, lacked merit. The federal statute does not grant the a