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

• P. Sidney Neuwirth, D.D.S. v. La. State Bd. OF Dentistry
  845 F.2d 553· 5th Cir.· 1988-05-23 ·cited 10×·via 42 U.S.C. § 1983 Action
  The dissenting judge argues that the majority opinion unnecessarily reached the merits of the case, which should have been dismissed due to a pleading defect.
• Wozniak v. Cnty. OF DuPAGE
  845 F.2d 677· 7th Cir.· 1988-04-21 ·cited 10×·via Section 1983
  The court held that the Wozniaks' Section 1983 claims were barred by res judicata and collateral estoppel, as the issues and claims could have and were litigated in the prior state court mandamus action. The court affirmed the district court's grant of summary judgment.
• Huxall v. First State Bank
  842 F.2d 249· 10th Cir.· 1988-03-24 ·cited 10×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  The court held that a plaintiff alleging property deprivation without due process must demonstrate they were denied a meaningful opportunity to be heard or avail themselves of available state remedies.
• Higley v. Mich. Dep't OF Corr.
  835 F.2d 623· 6th Cir.· 1987-12-15 ·cited 10×
  The court held that applying Michigan's tolling statute to a prisoner's § 1983 claim is inconsistent with federal law and policy, and thus the claim was properly dismissed as time-barred.
• Glick v. Woodson D. Walker
  834 F.2d 709· 8th Cir.· 1987-12-04 ·cited 10×·via Section 1983
  The court held that the Department's policy did not create a liberty interest and that the lack of intent to deprive the inmate of any interest defeated his section 1983 action. Furthermore, a failure to properly classify an inmate under state law does not constitute a constituti
• S-1 & S-2 v. C.D. Spangler, Jr.
  832 F.2d 294· 4th Cir.· 1987-11-02 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the appeal is moot due to a settlement, and therefore vacates the district court's order and remands for dismissal of the action, except for the ancillary claim for costs and attorney's fees.
• Valiant-Bey v. Morris
  829 F.2d 1441· 8th Cir.· 1987-09-29 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in dismissing claims that prison officials wrongfully confiscated a memorandum and discriminated in handling mail from a religious organization, but did not err in dismissing the overbreadth claim.
• Ruefly v. Landon
  825 F.2d 792· 4th Cir.· 1987-08-13 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The court held that a prisoner's amended complaint alleging negligence by prison officials in failing to protect him from another inmate does not state a claim for cruel and unusual punishment under the Eighth Amendment.
• Jones v. Preuit & Mauldin
  822 F.2d 998· 11th Cir.· 1987-07-24 ·cited 10×
  The judge issuing a writ of attachment must have discretion to inquire into the veracity of the creditor's allegations, not just facial sufficiency, to satisfy constitutional due process requirements.
• Leaman v. Ohio Dep't OF Mental Retardation & Dev. Disabilities
  825 F.2d 946· 6th Cir.· 1987-07-23 ·cited 10×
  The court held that the plaintiff's voluntary election to sue in the Ohio Court of Claims constituted a waiver of her federal claims against state employees, as the Ohio statute provided a reasonable alternative forum and remedy.
• Murray S. Jacobson v. Vill. OF Northbrook Mun. Corp.
  824 F.2d 567· 7th Cir.· 1987-07-20 ·cited 10×
  The court held that federal courts should abstain from hearing cases where state court proceedings are ongoing, absent specific exceptions, to avoid interfering with state judicial processes.
• Archie v. City OF Racine
  826 F.2d 480· 7th Cir.· 1987-07-14 ·cited 10×
  The court held that a dispatcher's deliberate refusal to provide a state-mandated emergency service, resulting in death, constitutes an abuse of power actionable under 42 U.S.C. § 1983 as a violation of the Fourteenth Amendment's Due Process Clause.
• J.A. Croson Co. v. City OF Richmond
  822 F.2d 1355· 4th Cir.· 1987-07-09 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The dissenting judge argues that the affirmative action ordinance is constitutional, satisfying both the compelling governmental interest and narrowly tailored prongs of review.
• Eades v. Thompson
  823 F.2d 1055· 7th Cir.· 1987-06-24 ·cited 10×
  The court held that the plaintiff stated a claim under the Eighth Amendment for deliberate indifference to serious medical needs, but not under the Fourteenth Amendment for due process or equal protection. The court also found that denying the plaintiff's third request to amend h
• Edwards v. Dist. OF Columbia
  821 F.2d 651· D.C. Cir.· 1987-06-12 ·cited 10×
  The court held that 42 U.S.C. § 1437p does not unambiguously create a duty for public housing authorities to refrain from abandoning premises while demolition applications are pending, and thus does not create enforceable tenant rights under § 1983.
• Sanders v. Wash. Metro. Area Transit Auth.
  819 F.2d 1151· D.C. Cir.· 1987-05-29 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  WMATA is immune from suit for claims challenging its drug testing policy as a governmental function, and negligent termination claims are barred by the grievance and arbitration process.
• Rakovich v. Wade
  819 F.2d 1393· 7th Cir.· 1987-05-22 ·cited 10×
  The court held that while the jury's finding of liability for a First Amendment violation was supported by evidence, the compensatory and punitive damage awards were excessive and must be reconsidered.
• Pressly v. Hutto
  816 F.2d 977· 4th Cir.· 1987-04-28 ·cited 10×·via 42 U.S.C. § 1983 Action
  Summary judgment was inappropriate because a genuine dispute of material fact exists regarding whether the defendant prison official acted with deliberate indifference to a known risk of harm to the inmate.
• Cowan v. Corley
  814 F.2d 223· 5th Cir.· 1987-04-13 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff's allegations sufficiently stated claims under the Sherman Antitrust Act, RICO, and § 1983, and that dismissal was premature.
• Ballinger v. N.C. Agric. Extension Serv.
  815 F.2d 1001· 4th Cir.· 1987-04-09 ·cited 10×
  The court held that the appellant failed to establish a prima facie case of discrimination under Title VII or ADEA, and that there was no evidence of conspiracy under 42 U.S.C. § 1985(3), thus affirming the grant of summary judgment.
• United States v. State OF Wash.
  813 F.2d 1020· 9th Cir.· 1987-03-31 ·cited 10×
  The court held that the Indian tribes' treaty interpretation claims do not give rise to a claim cognizable under 42 U.S.C. § 1983, and therefore do not support an award of attorneys' fees under 42 U.S.C. § 1988.
• Sandidge v. The State OF Wash.
  813 F.2d 1025· 9th Cir.· 1987-03-31 ·cited 10×
  The court held that the case is moot because no effective relief can be granted and, alternatively, that the action is not reviewable under the Mindes factors due to lack of exhaustion and significant interference with military functions.
• Fusco v. The State OF Conn.
  815 F.2d 201· 2d Cir.· 1987-03-26 ·cited 10×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  The court held that plaintiffs failed to state a claim under 42 U.S.C. § 1983 because they did not allege a deprivation of a constitutionally protected property interest.
• Carolan v. City OF Kan. City
  813 F.2d 178· 8th Cir.· 1987-03-06 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that appellants did not have a constitutionally protected property interest in the occupancy certificate because they failed to comply with the requirements for its issuance, thus affirming summary judgment.
• Pryzina v. LEY
  813 F.2d 821· 7th Cir.· 1987-03-04 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the action was barred by the Tax Injunction Act and the principle of comity, and that judicial and prosecutorial defendants were immune from liability.
• Brown v. Frey
  806 F.2d 801· 8th Cir.· 1986-12-05 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that dismissing a pro se plaintiff's complaint with prejudice for failure to comply with a pretrial order, without a clear record of delay or contumacious conduct, constitutes an abuse of discretion.
• Collins v. Cnty. OF Kendall
  807 F.2d 95· 7th Cir.· 1986-12-03 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiffs failed to allege sufficient facts to support an inference of bad faith prosecution, thus the district court properly abstained under the Younger doctrine.
• Elder v. Highlands Cnty. Bd. of Cnty. Comm'rs
  497 So. 2d 1334· Fla. 2d DCA· 1986-11-26 ·cited 10×
  A county is a 'person' subject to suit under 42 U.S.C. § 1983, and the trial court erred in dismissing the claim without proper analysis of Monell.
• Ira Jackson, Jr. v. Dallas Police Dep't
  811 F.2d 260· 5th Cir.· 1986-10-17 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not abuse its discretion in denying the appointment of counsel for a section 1983 claim, and that the appeal was not frivolous.
• Maney v. Brinkley Mun. Waterworks & Sewer Dep't (Arkansas)
  802 F.2d 1073· 8th Cir.· 1986-10-10 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The court held that while discrimination was found, the constructive discharge claims for two employees were not supported by the evidence, thus vacating their awards for back pay and reinstatement.
• Nelson v. Balazic
  802 F.2d 1077· 8th Cir.· 1986-10-10 ·cited 10×
  Parole board members are entitled to absolute immunity for parole decisions, while parole officers are entitled to qualified immunity for their actions.
• Hernandez v. George
  793 F.2d 264· 10th Cir.· 1986-06-17 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Claim
  The appellate court reversed a final judgment for the defendants, finding that the trial court erred in denying the plaintiffs' requested jury instruction regarding the truck driver's duty of care.
• Holloway v. A.L. Lockhart
  792 F.2d 760· 8th Cir.· 1986-06-11 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in dismissing the inmate's pro se complaint for failure to state a claim, as it alleged a deprivation of property without due process.
• Johnston v. Lucas
  786 F.2d 1254· 5th Cir.· 1986-04-11 ·cited 10×
  The court held that liability under the Eighth Amendment for failure to protect inmates requires a showing of deliberate indifference, not mere negligence. The court reversed the judgment against prison officials for the 1981 stabbing due to lack of evidence of deliberate indiffe
• Marks v. Parra
  785 F.2d 1419· 9th Cir.· 1986-04-01 ·cited 10×
  The court held that the Arizona statute of limitations for personal injury claims, tolled by imprisonment, applies to 42 U.S.C. § 1983 actions, and the plaintiff's claim was timely filed.
• Fitzgerald v. Williamson
  787 F.2d 403· 8th Cir.· 1986-03-26 ·cited 10×
  The court held that the defendants' actions, even if intended to terminate the parental relationship, did not violate the plaintiffs' substantive or procedural due process rights because the juvenile court procedures were substantially complied with and state law provided adequat
• Brown v. Hous. Auth. OF the City OF McRAE
  784 F.2d 1533· 11th Cir.· 1986-03-25 ·cited 10×
  The dissenting judge would hold that the complaint adequately alleges a § 1983 action because the Housing Act creates enforceable rights for tenants and lacks comprehensive enforcement mechanisms that would preclude § 1983.
• Bartel Dental Books Co., Inc. v. Schultz
  786 F.2d 486· 2d Cir.· 1986-03-12 ·cited 10×
  The court held that Bartel's claims were frivolous due to a prior release, and Mapleton's claims were barred by issue and claim preclusion, affirming the grant of summary judgment and imposition of sanctions.
• Hendrix v. Matlock
  782 F.2d 1273· 5th Cir.· 1986-02-18 ·cited 10×·via 42 U.S.C. § 1983 (Excessive Force)
  The jury instructions on excessive force were not erroneous because they accurately reflected the established standard for individual officer liability under Section 1983.
• Smith v. Winter
  782 F.2d 508· 5th Cir.· 1986-02-12 ·cited 10×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the claims for injunctive and declaratory relief were moot, but the claim for damages under 42 U.S.C. § 1983 against local appellees for violating First Amendment rights was properly stated.
• Delmar Dennis v. Warren
  779 F.2d 245· 5th Cir.· 1985-12-30 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the district court's judgment, holding that the deputy sheriff's actions constituted a violation of federal law under 42 U.S.C. § 1983 and that the sheriff was liable under state law for the deputy's conduct.
• Booker v. City OF Atlanta
  776 F.2d 272· 11th Cir.· 1985-11-15 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  Summary judgment for the city is reversed because the officer's involvement may constitute state action and the city's actual practice might facilitate repossessions despite stated neutrality. Summary judgment for the officer is affirmed due to his good faith immunity.
• Dozier v. Loop Coll.
  776 F.2d 752· 7th Cir.· 1985-11-06 ·cited 10×
  The court held that a student seeking federal financial aid cannot claim a constitutional right to a subsidized education or equal protection based on his father's refusal to disclose financial information.
• Rhode v. Rathell Denson & San Jacinto Cnty.
  776 F.2d 107· 5th Cir.· 1985-11-05 ·cited 10×
  An elected constable's tortious acts, even if unconstitutional, do not establish county policy for purposes of § 1983 liability if the constable lacks the discretion to set policy for the county.
• Curry v. A.H. Robins Co.
  775 F.2d 212· 7th Cir.· 1985-10-21 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff's claims were barred by the statute of limitations and that the award of attorney's fees to the defendant for defending a frivolous civil rights claim was proper.
• Bohn v. Cnty. OF Dakota: Shirley L. Utzinger
  772 F.2d 1433· 8th Cir.· 1985-09-11 ·cited 10×·via 42 U.S.C. § 1983 Claim For Denial Of Due Process
  The court held that the available administrative review procedures, including those under the Minnesota Administrative Procedure Act and Data Practices Act, provided adequate due process, and that alleged misrepresentations by state officials did not rise to the level of a consti
• Deck v. Lenzie L. Leftridge, Jr.
  771 F.2d 1168· 8th Cir.· 1985-09-03 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that while allegations of conspiracy between public defenders and judges may state a claim under § 1983, the plaintiff's allegations lacked the necessary specificity and factual support to suggest a "meeting of the minds."
• L & H Sanitation, Inc. v. Lake City Sanitation, Inc.
  769 F.2d 517· 8th Cir.· 1985-08-09 ·cited 10×
  The court held that the state action immunity doctrine barred the antitrust claims and that the appellants failed to state a due process claim because they lacked a protected property interest under Arkansas law.
• Magno J. Ortega v. O'Connor
  764 F.2d 703· 9th Cir.· 1985-06-27 ·cited 10×
  The court held that the search of Ortega's office violated his Fourth Amendment rights, but his state law claims were barred by procedural requirements.
• Rock v. Roy McCOY & the City of Checotah
  763 F.2d 394· 10th Cir.· 1985-06-07 ·cited 10×·via 42 U.S.C. § 1983 Liability
  The court held that a city can be liable under 42 U.S.C. § 1983 for grossly negligent failure to train police officers, and that the jury's award of damages was not excessive.