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

• Clark v. Poulton
  914 F.2d 1426· 10th Cir.· 1990-09-21 ·cited 8×
  The referral of a prisoner's suit challenging conditions of confinement to a magistrate was authorized by statute, and any objection to the magistrate's authority was waived by failing to object below.
• Smith v. City OF Chicago
  913 F.2d 469· 7th Cir.· 1990-09-21 ·cited 8×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that the trial court properly limited the plaintiff's recovery to nominal damages because probable cause existed for his arrest, meaning he would have been arrested regardless of any alleged misconduct.
• Foster v. Metro. Airports Comm'n
  914 F.2d 1076· 8th Cir.· 1990-09-20 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  An arresting officer's subjective motive is irrelevant to a Fourth Amendment unlawful arrest claim if probable cause exists for the arrest. The use of force during an arrest is judged by an objective reasonableness standard, considering the totality of the circumstances.
• Smith v. Barton
  914 F.2d 1330· 9th Cir.· 1990-09-19 ·cited 8×·via 42 U.S.C. § 1983 Claim For Violation Of Fourteenth Amendment Rights
  The court held that plaintiffs' First Amendment claims under § 1983 were not precluded by the Rehabilitation Act, and that plaintiffs are entitled to a jury trial on their § 504 claims due to seeking legal remedies.
• Lopez v. Bishop L. Robinson
  914 F.2d 486· 4th Cir.· 1990-09-17 ·cited 8×
  Prison officials are entitled to qualified immunity from damages claims for alleged constitutional violations because the inmates failed to allege violations of clearly established law or failed to present genuine issues of material fact regarding the alleged violations.
• Dorina Mateyko v. Felix
  913 F.2d 744· 9th Cir.· 1990-09-06 ·cited 8×·via 42 U.S.C. § 1983 Liability
  The court affirmed the trial court's judgment, holding that the appellant failed to present an adequate record for review of certain claims, and that a plaintiff who loses on federal claims and only prevails on a pendent state claim is not a prevailing party for attorney's fees u
• Christopher C. DAY, Ph.D. v. Morgenthau
  909 F.2d 75· 2d Cir.· 1990-08-29 ·cited 8×
  The court held that the plaintiff's claims were time-barred because they were filed one day after the three-year statute of limitations expired, applying Federal Rule of Civil Procedure 6(a) and New York General Construction Law § 20.
• James v. T.G. Sadler
  909 F.2d 834· 5th Cir.· 1990-08-28 ·cited 8×·via 42 U.S.C. § 1983 Liability
  The court held that the district court abused its discretion in denying the motion to amend the complaint to add federal agents and improperly granted summary judgment for the Yazoo City officers regarding the pat-down search, but properly dismissed the negligence claim.
• Friedman v. State OF Ariz.
  912 F.2d 328· 9th Cir.· 1990-08-22 ·cited 8×
  The court held that the Arizona Department of Corrections' Internal Management Policy No. 304.7, prohibiting facial hair, is constitutional as it is reasonably related to legitimate penological interests, and that Friedman is not entitled to attorney fees for his paralegal work.
• Smith v. Town OF Eaton
  910 F.2d 1469· 7th Cir.· 1990-08-21 ·cited 8×
  The court affirmed the district court's grant of summary judgment, finding the appellant's constitutional claims lacked merit and imposing sanctions on his counsel for a substandard brief.
• Nat'l Advertising Co. v. The City & Cnty. OF Denver
  912 F.2d 405· 10th Cir.· 1990-08-16 ·cited 8×
  The court held that Denver's new ordinance regulating billboards near freeways is facially constitutional under the First Amendment, and that National's claims for damages and injunctive relief were properly denied.
• Green v. ST. Louis Hous. Auth.
  911 F.2d 65· 8th Cir.· 1990-08-07 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that an employee terminated for unsatisfactory performance, even if falsely accused, does not have a liberty interest claim if the accusations do not foreclose other employment opportunities. Furthermore, a public employee at-will, without a contract, does not have
• Matthias v. Bingley
  906 F.2d 1047· 5th Cir.· 1990-07-26 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The City's ordinance and established police practices violated the Due Process Clause by failing to provide adequate notice and opportunity to be heard before disposing of seized property.
• Baucher v. E. Ind. Prod. Credit Ass'n & William Buchanan
  906 F.2d 332· 7th Cir.· 1990-07-13 ·cited 8×·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiffs failed to establish causation for their due process and conversion claims, and that one plaintiff's appeal was procedurally defective.
• Crabtree v. Muchmore
  904 F.2d 1475· 10th Cir.· 1990-06-04 ·cited 8×
  The court held that the district court abused its discretion in denying attorney's fees and sanctions to the defendant attorneys, reversing that decision.
• Rosenstein v. The City OF Dallas
  901 F.2d 61· 5th Cir.· 1990-05-14 ·cited 8×
• Katz v. Klehammer
  902 F.2d 204· 2d Cir.· 1990-05-01 ·cited 8×
  The court held that the plaintiff's federal claims under 42 U.S.C. §§ 1983 and 1985(3) were properly dismissed because the alleged deprivations were random and unauthorized with adequate state remedies available, and the Section 1985(3) claim lacked the required class-based animu
• W. Coast Theater Corp. v. City OF Portland
  897 F.2d 1519· 9th Cir.· 1990-03-26 ·cited 8×
  The court affirmed the district court's dismissal for lack of prosecution, summary judgment, sanctions, and Rule 4(j) dismissals, finding the appeal frivolous and awarding costs and attorney fees.
• Wilks v. Young
  897 F.2d 896· 7th Cir.· 1990-03-14 ·cited 8×·via 42 U.S.C. § 1983 Liability
  The court held that the jury instructions on Eighth Amendment liability were flawed by failing to include objective knowledge of risk, and that supervisory liability instructions should have been given. However, the state law negligence claim was properly dismissed based on Wisco
• Redman v. Cnty. OF SAN Diego
  896 F.2d 362· 9th Cir.· 1990-02-13 ·cited 8×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court should reverse the directed verdict and allow a jury to determine if the government's conduct amounted to deliberate indifference to the inmate's safety.
• Russell v. Dunston
  896 F.2d 664· 2d Cir.· 1990-02-12 ·cited 8×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  The dissenting judge holds that Russell was entitled to pretermination notice before his medical leave was terminated, as he had a property interest in the opportunity to apply for disability benefits.
• Unity Ventures v. Cnty. OF Lake
  894 F.2d 250· 7th Cir.· 1990-01-29 ·cited 8×
  The court held that the district court did not abuse its discretion in denying attorney's fees to Lake County, as William Alter's lawsuit was not frivolous or brought in bad faith, particularly given the evolving legal landscape regarding ripeness at the time of filing.
• Collins v. Nagle
  892 F.2d 489· 6th Cir.· 1989-12-22 ·cited 8×
  The court held that the impoundment of the truck was reasonable under the Fourth Amendment and that probable cause existed for the arrests. Excessive force claims and due process claims were also rejected.
• Ellen F. Johnsen, R.N. v. Indep. Sch. Dist. NO. 3 OF Tulsa Cnty.
  891 F.2d 1485· 10th Cir.· 1989-12-19 ·cited 8×
  The court held that the plaintiff's speech, considered as a whole, was not constitutionally protected under the Pickering balancing test due to its disruptive effect on the school district's operations and employee relationships.
• Ferris v. Santa Clara Cnty.
  891 F.2d 715· 9th Cir.· 1989-12-06 ·cited 8×
  The court held that the California statutes proscribing certain sexual activities with minors are constitutional and that the district court did not err in striking the appellant's second amended complaint.
• Jackson v. City OF Albuquerque
  890 F.2d 225· 10th Cir.· 1989-11-21 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that the trial court abused its discretion in denying reinstatement, as the record did not support the finding of insurmountable hostility, particularly since most accusers were no longer employed by the city.
• Haynes v. Marshall
  887 F.2d 700· 6th Cir.· 1989-10-12 ·cited 8×·via 42 U.S.C. § 1983 Claim For Cruel And Unusual Punishment
  The court held that the defendants were not entitled to qualified immunity on the Section 1983 claim, but the district court erred in exercising pendent jurisdiction over the state wrongful death claim because Ohio law requires a prior determination of immunity by the Ohio Court
• Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah
  723 F. Supp. 1467· S.D. Fla.· 1989-10-05 ·cited 8×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that the City of Hialeah's ordinances prohibiting ritual animal sacrifice did not violate the Free Exercise Clause of the First Amendment, as they served compelling secular purposes and were religiously neutral in application.
• Duran v. Garrey Carruthers
  885 F.2d 1492· 10th Cir.· 1989-09-15 ·cited 8×
  The court held that the district court did not abuse its discretion in awarding attorneys' fees and costs for post-judgment monitoring of a consent decree, even with a Special Master in place, and for services related to a withdrawn contempt motion that resulted in a settlement.
• Ortiz v. City OF Imperial
  884 F.2d 1312· 9th Cir.· 1989-09-13 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that summary judgment was inappropriate for medical personnel who prescribed sedatives for an inmate with a head injury without examination, as this raised a question of deliberate indifference. However, summary judgment was appropriate for other defendants with mi
• Hammer v. Gross
  884 F.2d 1200· 9th Cir.· 1989-09-06 ·cited 8×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that the use of minimal physical force to obtain a blood sample from a DUI suspect, when necessary to effectuate an otherwise lawful search and seizure, does not constitute an unreasonable search or seizure under the Fourth Amendment.
• Wong v. Stripling
  881 F.2d 200· 5th Cir.· 1989-08-28 ·cited 8×
  The court held that the revocation of a physician's staff privileges by a private hospital, even with state statutory authorization and judicial review of procedural fairness, does not constitute state action for purposes of § 1983 and § 1985(3) claims.
• Fisichelli v. The City Known AS the Town OF Methuen
  884 F.2d 17· 1st Cir.· 1989-08-28 ·cited 8×
  An appeal from an order denying reconsideration of a qualified immunity defense is not an immediately appealable collateral order and is therefore dismissed for lack of jurisdiction.
• Lebbos v. Judges OF the Superior Court
  883 F.2d 810· 9th Cir.· 1989-08-28 ·cited 8×
  The court held that abstention under the Younger doctrine was appropriate for claims seeking injunctive and declaratory relief, but not for claims seeking damages under 42 U.S.C. § 1983. Betsey Lebbos's due process claims were allowed to proceed.
• ST. Clair v. City OF Chico
  880 F.2d 199· 9th Cir.· 1989-07-13 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that the appellants' claims were not ripe for adjudication because neither the City nor the County had made a final, definitive decision rejecting their proposals for sewer service.
• City OF DeLAND v. W.J. Lowe
  544 So. 2d 1165· Fla. 5th DCA· 1989-06-15 ·cited 8×·via 42 U.S.C. § 1983 Action
  The City of DeLand appeals a summary judgment that deemed W.J. Lowe's residential-zoned lot to be commercially zoned to conform with his adjacent commercial lots, enjoining residential zoning enforcement. The Florida appellate court reversed, holding that Lowe failed to exhaust a
• Martin v. Guillot
  875 F.2d 839· 11th Cir.· 1989-06-14 ·cited 8×
  The court held that the university's administrative staff member received adequate procedural due process and that the termination decision was supported by substantial evidence, thus denying reinstatement. The court reversed the contempt finding and sanction against the universi
• N. Miss. Commc'ns, Inc. v. Jones
  874 F.2d 1064· 5th Cir.· 1989-06-12 ·cited 8×
  The court held that the Mt. Healthy burden-shifting analysis should apply to this case involving alleged retaliation for critical speech, vacating the prior judgment.
• Coakley v. Welch
  877 F.2d 304· 4th Cir.· 1989-06-09 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that officials are not immune from a suit for injunctive relief seeking reinstatement under the Ex parte Young exception to Eleventh Amendment immunity, as the alleged violation of due process rights constitutes an ongoing violation.
• Beacon Hill Farm Assocs. II Ltd. P'ship v. The Loudoun Cnty. Bd. OF Supervisors
  875 F.2d 1081· 4th Cir.· 1989-05-26 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  A landowner may mount a facial attack on a land use ordinance without first seeking a final determination of how the ordinance will affect their property.
• Jones v. Lewis
  874 F.2d 1125· 6th Cir.· 1989-05-18 ·cited 8×
  The court held that the officers were justified in making a warrantless entry into the residence due to exigent circumstances, and the plaintiff failed to establish a reasonable expectation of privacy.
• Lundblad v. Celeste
  874 F.2d 1097· 6th Cir.· 1989-05-04 ·cited 8×
  The court's majority opinion found that plaintiff stated a claim under the Equal Protection Clause and Due Process Clause, and that sanctions against counsel were not immediately appealable. The dissenting judge disagrees with the majority's treatment of the equal protection and
• Arnaud v. Odom
  870 F.2d 304· 5th Cir.· 1989-04-19 ·cited 8×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that parents do not possess a constitutionally protected property or liberty interest in the bodies of their deceased children that would support a § 1983 claim when adequate state post-deprivation remedies exist for procedural due process claims, and no such subst
• Crooks v. Crispus C. NIX
  872 F.2d 800· 8th Cir.· 1989-04-10 ·cited 8×·via 42 U.S.C. § 1983 Claim For Deliberate Indifference To Serious Medical Needs
  The court held that a prisoner's pro se complaint alleging deliberate indifference to serious medical needs, particularly regarding pain medication, must be read liberally and can overcome summary judgment if a factual dispute exists. Contracting medical care does not absolve the
• Elliott v. Warden Bronson
  872 F.2d 20· 2d Cir.· 1989-04-05 ·cited 8×
  The court held that a pro se prisoner's complaint, liberally construed, stated potentially meritorious due process and equal protection claims, and dismissal without leave to amend was an abuse of discretion.
• Cooper v. City OF Ashland
  871 F.2d 104· 9th Cir.· 1989-04-03 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's complaint was timely filed because it was received by the clerk's office before the statute of limitations expired, even considering weekends and holidays.
• Sprouse v. Babcock
  870 F.2d 450· 8th Cir.· 1989-03-20 ·cited 8×·via 42 U.S.C. § 1983 Action
  The filing of a disciplinary charge against a prisoner, even if otherwise not actionable, is actionable under 42 U.S.C. § 1983 if done in retaliation for the prisoner filing a grievance.
• Grant v. Farnsworth
  869 F.2d 1149· 8th Cir.· 1989-03-15 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not err in denying the motion in limine, refusing the chiropractor's testimony, directing verdicts on constitutional claims, refusing jury instructions, or awarding attorney fees.
• Gleason v. McBRIDE
  869 F.2d 688· 2d Cir.· 1989-03-13 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the dismissal of claims related to the Gleason I arrest and the section 1985 claim, affirmed dismissal of most Gleason III claims, but reversed dismissal of Gleason III claims against certain defendants and remanded for further proceedings.
• Bicanic v. McDERMOTT
  867 F.2d 391· 7th Cir.· 1989-01-31 ·cited 8×
  A public employee in a politically sensitive position can be discharged for political reasons, and the abolition or redistribution of job duties does not create tenure for such an employee.