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

• Blackwelder v. Safnauer
  866 F.2d 548· 2d Cir.· 1989-01-23 ·cited 8×
  The court held that the case was not moot despite new regulations, as the underlying issues and the parties' legal interests remained. The court affirmed the denial of the motion to vacate the judgment as moot.
• Davis v. Hon. Thomas C. Crush
  862 F.2d 84· 6th Cir.· 1988-11-23 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court abused its discretion in imposing Rule 11 sanctions because the plaintiffs' civil rights complaint did not necessarily reflect a lack of reasonable inquiry into the facts or law.
• New Port Largo, Inc. v. Monroe Cnty.
  706 F. Supp. 1507· S.D. Fla.· 1988-11-21 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that res judicata did not bar the federal claims, but the § 1986 claim was time-barred. The continuing wrong doctrine may apply to the § 1983 and § 1985 claims.
• Phillipe Dell Fargo v. City OF SAN Juan Bautista
  857 F.2d 638· 9th Cir.· 1988-09-16 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that a genuine issue of material fact exists as to whether the officer's conduct constituted gross negligence, thus reversing summary judgment on the Fourteenth Amendment claim against him. Summary judgment for other defendants was affirmed.
• Fields v. Durham
  856 F.2d 655· 4th Cir.· 1988-09-13 ·cited 8×·via 42 U.S.C. § 1983 Claim For Denial Of Due Process
  The court held that a plaintiff alleging a random and unauthorized failure of state officials to follow established procedures in terminating employment is not denied due process if meaningful post-deprivation remedies are available under state law.
• Merriman v. Walton
  856 F.2d 1333· 9th Cir.· 1988-09-07 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that a reasonable police officer, knowing the facts available to Deputy Walton, could not have believed there was probable cause for Merriman's warrantless arrest, thus denying qualified immunity.
• Corpus Christi Taxpayer's Ass'n v. City OF Corpus Christi
  858 F.2d 973· 5th Cir.· 1988-08-22 ·cited 8×
  The court held that the district court correctly dismissed the suit for lack of jurisdiction and res judicata, and that the City is entitled to sanctions for a frivolous appeal.
• Birdsell v. Bd. OF Fire & Police Comm'rs OF the City OF Litchfield
  854 F.2d 204· 7th Cir.· 1988-08-02 ·cited 8×·via Section 1983
  The court held that the district court erred in granting a directed verdict on the due process claim, as Birdsell presented sufficient evidence that he was not adequately notified that the meeting was a termination hearing.
• Gomez v. The City OF Watsonville
  863 F.2d 1407· 9th Cir.· 1988-07-27 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in finding that the Hispanic community in Watsonville was not politically cohesive and that the minority group was not sufficiently geographically compact to constitute a majority in a single-member district under Section 2 of the Voti
• Shabazz v. Coughlin
  852 F.2d 697· 2d Cir.· 1988-07-27 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that prison officials were entitled to qualified immunity because the unconstitutionality of prison regulations restricting group prayer and prayer in a prison yard was not clearly established at the time of the plaintiff's discipline.
• Estrada-Izquierdo v. Awilda Aponte-Roque
  850 F.2d 10· 1st Cir.· 1988-06-28 ·cited 8×
  The district court erred in finding a politically inspired dismissal and in ordering reinstatement, as it failed to give full faith and credit to a Puerto Rico Superior Court judgment.
• Rider v. Commonwealth OF Pa.
  850 F.2d 982· 3d Cir.· 1988-06-23 ·cited 8×
  The court held that the district court correctly applied res judicata to dismiss the male guards' Title VII claim, as the state court's prior decision on the BFOQ issue was identical and afforded a full and fair opportunity to litigate.
• Guzowski v. Hartman
  849 F.2d 252· 6th Cir.· 1988-06-20 ·cited 8×
  The court should affirm the district court's dismissal of the second action, as the prior dismissal with prejudice bars relitigation of claims that were or could have been brought.
• Parker v. Dist. OF Columbia
  850 F.2d 708· D.C. Cir.· 1988-06-17 ·cited 8×
  The court affirmed the jury's verdict, holding that a municipality can be liable under 42 U.S.C. § 1983 for deliberate indifference to systemic and grossly inadequate training, discipline, and supervision of its officers, provided there is a causal connection to the harm suffered
• Daloia v. Rose
  849 F.2d 74· 2d Cir.· 1988-06-10 ·cited 8×
  Police officers are entitled to absolute immunity for testimony given at pretrial adversary proceedings, extending the immunity granted for trial testimony.
• Walsh v. Franco
  849 F.2d 66· 2d Cir.· 1988-06-06 ·cited 8×
  Government officials are not entitled to qualified immunity if their conduct violates clearly established constitutional rights, and it was objectively reasonable for them to believe their actions did not violate those rights.
• Speer v. City OF Or.
  847 F.2d 310· 6th Cir.· 1988-05-25 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that the appeal is moot because the election has passed and the plaintiff cannot demonstrate a reasonable expectation of being subjected to the same residency requirement again.
• Royal Feaster v. Miksch
  846 F.2d 21· 6th Cir.· 1988-05-02 ·cited 8×·via 42 U.S.C. § 1983 Action
  When a federal damages action requires resolving issues that will determine the outcome of pending state criminal proceedings, federal courts must abstain under Younger v. Harris.
• Irvin v. United States & the Dep't of the Army
  845 F.2d 126· 6th Cir.· 1988-04-27 ·cited 8×
  The Feres doctrine bars claims for injuries to service members and their dependents when those injuries arise out of or are in the course of activity incident to military service, including prenatal care provided to a service member.
• Josh Tunca, M.D. v. Lutheran Gen. Hosp.
  844 F.2d 411· 7th Cir.· 1988-04-06 ·cited 8×
  The court held that it lacked jurisdiction to hear the appeal of the dismissal and denial of the motion to alter or amend due to untimely filing, but affirmed the denial of the motion for reconsideration.
• Wrigley v. Basil G. Greanias
  842 F.2d 955· 7th Cir.· 1988-03-22 ·cited 8×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the defendant was not entitled to qualified immunity because a genuine issue of material fact existed regarding whether the plaintiff's position was one where political affiliation was an appropriate requirement for effective performance.
• Jones v. Duncan
  840 F.2d 359· 6th Cir.· 1988-03-07 ·cited 8×
  The court held that the plaintiff sufficiently alleged state action for his section 1983 claim, as the commissioners' predicate actions in their official capacities and use of public funds to finance the ouster suit constituted action 'under color of law'.
• HAY v. Waldron
  834 F.2d 481· 5th Cir.· 1987-12-22 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the denial of injunctive relief regarding the strip search policy was proper, but the denial concerning retaliatory or discriminatory application of policies must be reversed and remanded.
• Lyons v. Sheetz
  834 F.2d 493· 5th Cir.· 1987-12-16 ·cited 8×
  The court held that the dismissals of the appellants' lawsuits were proper because they failed to state a claim under 42 U.S.C. § 1983, involved federal officials acting under federal law, and were frivolous or relitigated prior claims.
• Mich. Rd. Builders Ass'n, Inc. v. Milliken
  834 F.2d 583· 6th Cir.· 1987-11-25 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The dissenting judge would affirm the district court's judgment, arguing that the majority misinterprets Wygant and that Michigan's affirmative action program is constitutional.
• Blanchard v. Bergeron
  831 F.2d 563· 5th Cir.· 1987-11-10 ·cited 8×
  A contingency fee agreement between a plaintiff and their attorney caps the attorney fee award under the Civil Rights Act, even if the lodestar calculation would result in a higher amount.
• Murphy v. Lane
  833 F.2d 106· 7th Cir.· 1987-11-06 ·cited 8×·via 42 U.S.C. § 1983 Claim For Deliberate Indifference To Serious Medical Needs
  The court held that the district court erred in dismissing the claim that the inmate's transfer was retaliatory, but did not err in dismissing the claims of deliberate indifference to medical needs and violations of state law.
• Dean Tarry Corp. v. Friedlander
  826 F.2d 210· 2d Cir.· 1987-08-24 ·cited 8×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  A plaintiff does not possess a cognizable property interest in a site development plan approval when the local zoning ordinance grants the Planning Board broad discretion to disapprove, even if the ordinance is later found invalid.
• Robinson v. Boyer
  825 F.2d 64· 5th Cir.· 1987-08-21 ·cited 8×
  The court held that a plaintiff who received full back wages for the remainder of his contract term suffered no damages from his termination, rendering his constitutional claims moot. Furthermore, the plaintiff had no reasonable expectation of continued employment beyond his cont
• Hisham Tarabishi v. McALESTER Reg'l Hosp.
  827 F.2d 648· 10th Cir.· 1987-08-17 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that the hospital's revocation of staff privileges constituted state action as a matter of law, and the trial court erred in submitting this issue to the jury. However, the court could not determine if the staff privileges constituted a protected property interest
• Carlton Eugene King v. Jones
  824 F.2d 324· 4th Cir.· 1987-07-30 ·cited 8×
  The court held that the appellant failed to preserve the voir dire issue for appeal by not making a timely objection, that there is no right to a face-to-face probable cause determination, and that the punitive damages issue is moot.
• Good v. Allain
  823 F.2d 64· 5th Cir.· 1987-06-23 ·cited 8×
  The court held that the plaintiff's complaint failed to state a claim under 42 U.S.C. § 1983 because the extradition procedures were legally authorized and followed. However, the dismissal should be without prejudice.
• Galloway v. State OF La. & Dep't of Corr.
  817 F.2d 1154· 5th Cir.· 1987-05-29 ·cited 8×
  The court held that a remedial court order alone does not create rights secured by law for § 1983 liability, and that the plaintiff failed to present evidence of a protected class for a § 1985(3) claim.
• Dwight and Karen Jefferson v. The Ysleta Indep. Sch. Dist.
  817 F.2d 303· 5th Cir.· 1987-05-20 ·cited 8×
  The court held that a reasonable teacher should have known that tying a second-grade student to a chair for extended periods as an instructional technique violated clearly established constitutional rights, thus denying qualified immunity at the motion to dismiss stage.
• Stokes v. Vill. OF Wurtsboro
  818 F.2d 4· 2d Cir.· 1987-05-08 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that while the claim for declaratory relief was moot due to a stipulation, the claim for damages under section 1983 was not moot and should not have been dismissed.
• Penk v. Or. State Bd. OF Higher Educ.
  816 F.2d 458· 9th Cir.· 1987-04-29 ·cited 8×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the trial court did not err in its findings of fact, allocation of burdens of proof, or in denying a fair trial, affirming the dismissal of most claims.
• W. AIR Lines, Inc. v. Port Auth. OF NEW York & NEW Jersey
  817 F.2d 222· 2d Cir.· 1987-04-22 ·cited 8×
  The court held that a Supremacy Clause challenge to a local airport regulation based on federal preemption is permissible even if the federal statute does not provide an implied private right of action for enforcement. The court affirmed the dismissal of the complaint, finding th
• Hughes v. Sheriff OF Fall River Cnty. Jail & Jeff Tarell
  814 F.2d 532· 8th Cir.· 1987-03-24 ·cited 8×
  A state statute that tolls the statute of limitations for state claims during imprisonment but excludes federal civil rights claims is inconsistent with federal law and cannot be applied to bar such claims.
• Heath v. Cast
  813 F.2d 254· 9th Cir.· 1987-03-24 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that while the trial court erred in seating an alternate juror by lot, the error was harmless. It also held that the state court's suppression ruling did not have preclusive effect and that the evidentiary rulings were not abuses of discretion.
• Guzman v. City OF Cranston
  812 F.2d 24· 1st Cir.· 1987-02-25 ·cited 8×
  A supervisory official cannot be held liable under 42 U.S.C. § 1983 solely based on the actions of their subordinates; personal involvement or gross negligence must be alleged.
• Jaxie LEE v. Sheriff Bill Hutson & Cobb Cnty.
  810 F.2d 1030· 11th Cir.· 1987-02-19 ·cited 8×
  The court held that alleged procedural errors in an administrative hearing, where state remedies exist, do not constitute a federal due process violation. However, a conclusory equal protection claim may survive dismissal.
• Sherrial T. ST. Amant v. Benoit
  806 F.2d 1294· 5th Cir.· 1987-01-07 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's section 1983 claim was time-barred because the April 8, 1982 letter, combined with the city's silence, provided sufficient notice that his transfer request had been denied.
• Maude Lanham v. Whitfield
  805 F.2d 970· 11th Cir.· 1986-12-09 ·cited 8×
  The court held that the trial court did not abuse its discretion in denying motions for a new trial, excluding evidence, limiting cross-examination, directing a verdict, or denying in forma pauperis status.
• Cunningham v. City OF Overland
  804 F.2d 1066· 8th Cir.· 1986-11-14 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that the denial of a merchant's license, when zoning permitted the business and the denial was arbitrary and capricious, violated substantive due process, and that the damages awarded were not excessive.
• Suggs v. Hon. Anthony M. Brannon
  804 F.2d 274· 4th Cir.· 1986-11-03 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that while abstention under Younger v. Harris was proper for injunctive relief due to pending state prosecutions, it did not require dismissal of the § 1983 claims for monetary damages.
• Thournir v. Meyer
  803 F.2d 1093· 10th Cir.· 1986-10-21 ·cited 8×
  The court held that the plaintiff had not had a full and fair opportunity to litigate her constitutional claim in the prior state court proceeding, thus preclusion did not apply.
• Eubanks v. O.L. McCOTTER
  802 F.2d 790· 5th Cir.· 1986-10-17 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that the inmates' federal claims were not immaterial or frivolous, thus the district court erred in dismissing the case for lack of subject matter jurisdiction.
• Williams v. Butler
  802 F.2d 296· 8th Cir.· 1986-09-26 ·cited 8×
  The City of Little Rock cannot be held liable for a judge's decision to fire an employee if the judge lacked final authority to establish municipal employment policy.
• Brown v. City of Clewiston
  644 F. Supp. 1417· S.D. Fla.· 1986-09-22 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that Officer Perez was entitled to qualified immunity because the law regarding the use of deadly force against fleeing felons was not clearly established in 1979, and his actions did not violate clearly established constitutional or statutory law.
• Gurish v. Gerald T. McFAUL Sheriff
  801 F.2d 225· 6th Cir.· 1986-09-15 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the Loudermill decision should be applied retroactively and that the record was insufficient to determine if the plaintiff received constitutionally adequate pretermination procedures.