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

• Vest v. Sterling Bossard
  700 F.2d 600· 10th Cir.· 1983-02-18 ·cited 8×
  The court held that the statute of limitations should be tolled because the plaintiff could not have discovered the cause of action due to a conspiracy and cover-up by the defendants. The plaintiff's suspicions were insufficient to start the limitations period.
• The Port Auth. Police Benevolent Ass'n, Inc. v. The Port Auth. OF NEW York & NEW Jersey
  698 F.2d 150· 2d Cir.· 1983-01-12 ·cited 8×
  The court held that the district court erred in denying class certification based on a misinterpretation of the plaintiff's claim as seeking individual promotions rather than the suppression of protected speech. The court also reversed the denial of the preliminary injunction, fi
• Coleman v. Faulkner
  697 F.2d 1347· 10th Cir.· 1982-12-08 ·cited 8×
  A section 1983 claim is stated if a plaintiff alleges that a state-provided remedy for property deprivation is constitutionally insufficient due to indigence and inability to access counsel.
• Davidson v. Scully
  694 F.2d 50· 2d Cir.· 1982-11-26 ·cited 8×
  The court held that prison regulations prohibiting inmates from sealing outgoing mail to public officials or agencies, without a rational security justification, violate the First Amendment. The prior Sostre v. McGinnis precedent was implicitly limited by later decisions.
• Siegel v. State OF NEW York & Edward J. Kuriansky
  691 F.2d 620· 2d Cir.· 1982-10-22 ·cited 8×
• Richmond R. Allen and Jesse W. Nicholson v. Basil C. Burke, Jr.
  690 F.2d 376· 4th Cir.· 1982-09-22 ·cited 8×·via 42 U.S.C. § 1983 Action
  Judicial officers are not immune from attorney fee awards under 42 U.S.C. § 1988 when prospective relief is properly granted against them. The awarded fees were reasonable.
• Georges v. Carney
  691 F.2d 297· 7th Cir.· 1982-09-16 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The dissent argues that the 25% signature requirement and the three-question limit are unconstitutional burdens on the right to place advisory questions on the ballot, and that the lower court erred in upholding them.
• Taylor v. ST. Clair
  685 F.2d 982· 5th Cir.· 1982-09-16 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that the nursing home's decision to discharge a patient was a private action, not state action, and thus did not violate the Fourteenth Amendment or § 1983, and that compliance with the consent decree satisfied related claims.
• Dash, Inc. v. The Alcoholic Bev. Control Appeals Bd.
  683 F.2d 1229· 9th Cir.· 1982-08-10 ·cited 8×
  The court held that California's procedure for revoking liquor licenses, including administrative hearings and appellate review, provided sufficient procedural due process under the Fourteenth Amendment, even with restrictions on administrative agencies declaring statutes unconst
• Scherer v. Davis
  543 F. Supp. 4· N.D. Fla.· 1982-06-07 ·cited 8×
  The court held that the plaintiff's claims for unrecovered wages and injunctive relief related to his initial termination were waived by his settlement, but claims for additional damages and declaratory relief were not waived. The court also found that the procedures afforded to
• Robertson v. Rogers
  679 F.2d 1090· 4th Cir.· 1982-06-04 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the appellant failed to assert a constitutionally protected property or liberty interest in his continued employment sufficient to invoke due process safeguards.
• A & A Concrete, Inc. v. The White Mountain Apache Tribe
  676 F.2d 1330· 9th Cir.· 1982-05-13 ·cited 8×
  The court held that allegations of a conspiracy involving state sheriff's deputies to serve invalid tribal court process, with the intent to injure business and deprive plaintiffs of due process, were sufficient to state a claim under 42 U.S.C. § 1983. However, a claim under 42 U
• Price v. Moody
  677 F.2d 676· 8th Cir.· 1982-05-13 ·cited 8×
  The court held that a prosecutor is not entitled to absolute immunity for actions taken outside the scope of his prosecutorial duties, even if those actions are alleged to have occurred under color of state law.
• Ambassador Coll. v. Geotzke
  675 F.2d 662· 5th Cir.· 1982-05-06 ·cited 8×
  Principles of preclusion prevent a federal court from entertaining a § 1983 complaint if the issues have already been finally resolved against the complainant in a state court of competent jurisdiction.
• COE v. United States Dist. Court FOR the Dist. OF Colo.
  676 F.2d 411· 10th Cir.· 1982-04-21 ·cited 8×·via 42 U.S.C. § 1983 Action
• Chambers v. Marsh
  675 F.2d 228· 8th Cir.· 1982-04-14 ·cited 8×·via Section 1983
  The court held that Nebraska's legislative prayer practice, involving a paid chaplain of a single denomination and the publication of prayers, violates the Establishment Clause of the First Amendment.
• Spaulding v. Univ. OF Wash.
  676 F.2d 1232· 9th Cir.· 1982-04-13 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The University of Washington should be held liable for the cost of the transcript because it represented that reimbursement would be available if the appellants prevailed on their interlocutory appeal.
• Spears v. Chandler
  672 F.2d 834· 11th Cir.· 1982-04-05 ·cited 8×·via 42 U.S.C. § 1983 Action
  The district court's dismissal of the prisoner's action for want of prosecution was erroneous because it was based on an incorrect ruling that the court lacked authority to issue a writ of habeas corpus ad testificandum.
• Nathan Rodgers Constr. & Realty Corp. v. City OF Saraland
  670 F.2d 16· 5th Cir.· 1982-02-23 ·cited 8×
  The court held that Alabama's 10-year statute of limitations for actions against public officers does not apply to city council members in a § 1983 action, and thus the one-year statute for general injuries applies.
• Heritage Homes OF Attleboro, Inc. v. The Seekonk Water Dist.
  670 F.2d 1· 1st Cir.· 1982-01-25 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  A municipality is immune from punitive damages under 42 U.S.C. § 1981, just as it is under § 1983, because imposing such damages does not serve the purposes of punishment or deterrence and would unfairly burden blameless taxpayers.
• Moss v. State OF Ga.
  655 F.2d 668· 5th Cir.· 1981-09-11 ·cited 8×·via 42 U.S.C. § 1983 Action
  Federal courts are barred by the Tax Injunction Act from hearing suits challenging state ad valorem taxes if a plain, speedy, and efficient state remedy exists.
• Atencio v. Bd. OF Educ. OF Penasco Indep. Sch. Dist. NO. 4
  658 F.2d 774· 10th Cir.· 1981-09-08 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  A breach of state procedural requirements, even if creating a property interest, does not automatically constitute a federal constitutional violation under the Due Process Clause if adequate state remedies exist.
• Balark v. Curtin
  655 F.2d 798· 7th Cir.· 1981-07-31 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court should reverse the denial of the motion to quash the garnishment summons based on the parties' stipulated agreement and Illinois public policy.
• Haw. Boating Ass'n v. Water Transp. Facilities Div.
  651 F.2d 661· 9th Cir.· 1981-07-20 ·cited 8×
  The court held that Hawaii's Act 221, which imposed higher fees on non-residents for state small boat harbor privileges, did not violate the Equal Protection Clause or the Privileges and Immunities Clause. The court also found no merit in claims under the Land and Water Conservat
• Franklin v. Webb
  653 F.2d 362· 8th Cir.· 1981-07-16 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that while a prisoner must exhaust state remedies for claims challenging the fact or duration of confinement, a claim for damages under section 1983 is not subject to the same exhaustion requirement and may be subject to a statute of limitations issue.
• Pearl v. Dobbs
  649 F.2d 608· 8th Cir.· 1981-05-26 ·cited 8×
  The court affirmed the dismissal of the inmate's § 1983 lawsuit, holding that respondeat superior does not apply to such claims and the inmate failed to allege direct liability against the supervisory defendants.
• Madalyn Murray O'Hair & Soc'y of Separationists, Inc. v. Hill
  641 F.2d 307· 5th Cir.· 1981-04-02 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that Pullman abstention was inappropriate for claims concerning the exclusion of atheists from holding judicial office in Texas, and that O'Hair had no adequate remedy at law in Texas courts.
• Olson v. Klecker
  642 F.2d 1115· 8th Cir.· 1981-03-11 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the inmate's cell search was constitutional and affirmed the district court's dismissal of his claims.
• Nordgren v. Hayward
  638 F.2d 224· 10th Cir.· 1981-01-14 ·cited 8×
  A pro se complaint, once deemed non-frivolous, cannot be summarily dismissed based on an unverified administrative report; such reports may only be used to shape issues for trial.
• Roslindale Coop. Bank v. Greenwald
  638 F.2d 258· 1st Cir.· 1981-01-08 ·cited 8×
  The court held that the bank and its directors were afforded due process and that the Commissioner of Banks acted within her authority.
• Sadegh Shamloo v. Miss. State Bd. OF Trs. OF Insts. OF Higher Learning
  620 F.2d 516· 5th Cir.· 1980-07-02 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  University regulations that restrict student demonstrations to 'activities of a wholesome nature' are unconstitutionally vague and an impermissible content-based restriction on speech, violating the First Amendment.
• Hamilton v. Roth
  624 F.2d 1204· 3d Cir.· 1980-07-02 ·cited 8×
  The majority holds that the district court lacked the power to entertain a pendent state malpractice claim because it must first be arbitrated under state law.
• Niko EL Fundi and Lela El Fundi v. Deroche
  625 F.2d 195· 8th Cir.· 1980-06-23 ·cited 8×
  The court held that the appellants alleged sufficient facts to state a claim under 42 U.S.C. § 1983, and summary dismissal was improper.
• Brown v. Officer Bigger
  622 F.2d 1025· 10th Cir.· 1980-06-10 ·cited 8×·via 42 U.S.C. § 1983 Claim For Cruel And Unusual Punishment
  The court held that while the inmate's action was not barred by the statute of limitations, the dismissal was proper because the guards' actions did not constitute cruel and unusual punishment.
• State OF Mo. ex rel. Minnie E. T. Gore v. R. Dean Wochner, M.D.
  620 F.2d 183· 8th Cir.· 1980-04-15 ·cited 8×·via 42 U.S.C. § 1983 Violations
  The court held that violations of state law or city regulations, without infringement of federally protected rights, do not state a claim under 42 U.S.C. § 1983.
• Martinez v. Rosado
  614 F.2d 829· 2d Cir.· 1980-01-23 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the inmate's verified complaint sufficiently controverted the defendants' affidavits to raise triable issues of fact regarding an alleged beating by a prison guard, precluding summary judgment.
• Leigh v. McGUIRE
  613 F.2d 380· 2d Cir.· 1979-12-19 ·cited 8×
  The statute of limitations for a § 1983 action should be tolled during the pendency of intertwined state criminal and Article 78 proceedings when federal claims were necessarily raised in those state actions.
• Nadhum Shashoua, M.D. v. Quern
  612 F.2d 282· 7th Cir.· 1979-11-16 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court properly dismissed the complaint and denied leave to amend because the claims against the State were barred by the Eleventh Amendment or moot, and the claims against the individual defendant lacked allegations of personal involvement.
• Greene v. City OF Memphis
  610 F.2d 395· 6th Cir.· 1979-11-01 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that a municipality's exercise of police powers to close a street, absent racial motivation, does not violate 42 U.S.C. § 1982 or the Fourteenth Amendment, even if it has a disproportionate racial impact.
• Hall v. Lieutenant John Ashley
  607 F.2d 789· 8th Cir.· 1979-10-18 ·cited 8×·via 42 U.S.C. § 1983 Claim For Deliberate Indifference To Serious Medical Needs
  The court held that the jury verdict and instructions were so confusing and inconsistent that the issue of prevailing party status for attorney fees could not be decided, requiring a new trial.
• Lyons v. Sullivan
  602 F.2d 7· 1st Cir.· 1979-06-29 ·cited 8×
  A public school teacher's resignation, rather than termination, precludes claims of due process and liberty interest violations based on alleged stigmatization and retaliation for filing a lawsuit.
• Ronnei v. Butler
  597 F.2d 564· 8th Cir.· 1979-05-15 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the inmate's complaint failed to state a claim for a violation of civil rights under 42 U.S.C. § 1983, as it alleged at most negligence and not a constitutional deprivation.
• Silvia v. Laurie
  594 F.2d 892· 1st Cir.· 1979-03-21 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that an untimely appeal must be dismissed, as timely filing is a jurisdictional prerequisite.
• Williams v. Mo. Bd. OF Prob. & Parole
  585 F.2d 922· 8th Cir.· 1978-10-27 ·cited 8×
  An inmate's interest in parole release is protected by the Fourteenth Amendment's due process clause, requiring procedural safeguards.
• Hubert Richard Lewis alias Charles Stanley v. Bragan
  576 F.2d 678· 5th Cir.· 1978-07-17 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in dismissing the pro se prisoner's complaint without requiring an answer or evidentiary hearing.
• Clare C. Hodge, M.D. v. Paoli Mem'l Hosp.
  576 F.2d 563· 3d Cir.· 1978-05-30 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  Receipt of Hill-Burton funds, tax exemption, and licensing do not constitute state action for a § 1983 claim.
• Public Citizen v. Comm'n ON Med. Discipline OF Md.
  573 F.2d 863· 4th Cir.· 1978-03-29 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court did not err in abstaining from deciding the case, allowing Maryland courts to first interpret the state's advertising regulations for physicians.
• Triplett v. Azordegan
  570 F.2d 819· 8th Cir.· 1978-02-21 ·cited 8×
  The court held that the appellant failed to state a claim under 42 U.S.C. § 1983 because the appellee prosecutor's actions, both in obtaining the confession and in his alleged concealment, were either not actionable or not performed under color of state law.
• Ahrens v. Sheriff Thomas J. Thomas
  570 F.2d 286· 8th Cir.· 1978-02-17 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that while the district court properly mandated constitutional standards for the existing jail, it impermissibly intruded into state prison administration by prescribing specific construction standards for a new jail and retaining jurisdiction over its construction
• Fuller v. Laurens Cnty. Sch. Dist. NO. 56
  563 F.2d 137· 4th Cir.· 1977-10-14 ·cited 8×·via Violation Of 42 U.S.C. § 1983
  The teachers were entitled to a due process hearing based on established school policy and their long-term employment, and are entitled to back pay.