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

• Chuman v. Wright
  960 F.2d 104· 9th Cir.· 1992-03-27 ·cited 6×·via 42 U.S.C. § 1983 Claim For Damages
  An interlocutory appeal from the denial of qualified immunity divests the district court of jurisdiction to proceed with trial unless the district court certifies the appeal as frivolous or forfeited.
• Kraebel v. NEW York City Dep't OF Hous. Pres. & Dev.
  959 F.2d 395· 2d Cir.· 1992-03-19 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the dismissal of J51 claims due to the Tax Injunction Act but reversed and remanded the due process claim regarding SCRIE reimbursements, finding a property interest was established.
• Frohmader v. Deputy D. Wayne
  958 F.2d 1024· 10th Cir.· 1992-03-12 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the plaintiff presented sufficient evidence of excessive force under the Fourth Amendment's objective reasonableness standard and due process, but failed to present sufficient evidence of serious medical needs for an inadequate medical attention claim.
• Maguire v. Thompson
  957 F.2d 374· 7th Cir.· 1992-02-26 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that the Illinois Medical Practice Act's licensing scheme, which excludes doctors of naprapathy from practicing without additional education, does not violate the due process or equal protection clauses of the Fourteenth Amendment.
• Juriss v. McGOWAN
  957 F.2d 345· 7th Cir.· 1992-02-24 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that neither officer is entitled to qualified immunity on the false arrest claim because a reasonable officer would have known that the arrest warrant was not supported by probable cause, given the circumstances and the officers' actions.
• Erwin D. Phillips v. Loy Calhoun
  956 F.2d 949· 10th Cir.· 1992-02-11 ·cited 6×·via 42 U.S.C. § 1983 Claim For Violation Of Fourteenth Amendment Rights
  A city attorney's employment, conditioned on terms like 'for the good of the service' and classified as unclassified service under the city charter, does not create a cognizable property interest sufficient to trigger Fourteenth Amendment due process protections.
• DOE v. Sullivan Cnty.
  956 F.2d 545· 6th Cir.· 1992-02-10 ·cited 6×
  The court held that the district court erred in granting directed verdicts for certain defendants and in limiting evidence of a felony conviction, but affirmed directed verdicts for other defendants and the jury instructions. The court reversed and remanded for further proceeding
• Driggins v. City OF Okla. City
  954 F.2d 1511· 10th Cir.· 1992-01-27 ·cited 6×·via 42 U.S.C. § 1983 Claim For Deprivation Of Due Process
  The court held that the existence of a protected property interest in employment is a question of law for the judge, not the jury, and that the employee did not possess such an interest under the city charter.
• O'Bar v. J.C. Pinion, Sr.
  953 F.2d 74· 4th Cir.· 1991-12-04 ·cited 6×·via 42 U.S.C. § 1983 Claim For Cruel And Unusual Punishment
  The court held that the state officials did not violate the inmate's constitutional rights by removing him from a work release program based on concerns for public safety, and thus were entitled to qualified immunity.
• Herrera v. Harkins
  949 F.2d 1096· 10th Cir.· 1991-11-26 ·cited 6×
  A prisoner may use 42 U.S.C. § 1983 to challenge parole procedures, but must use a habeas corpus petition to challenge the fact or duration of confinement.
• Holbird v. Armstrong-Wright
  949 F.2d 1019· 8th Cir.· 1991-11-26 ·cited 6×
  The conduct of an attorney, whether retained or appointed, does not constitute action under color of state law for purposes of section 1983 violations.
• Burk v. Beene
  948 F.2d 489· 8th Cir.· 1991-11-07 ·cited 6×
  The court held that a state official is not entitled to Eleventh Amendment immunity in her official capacity for a Section 1983 claim, but qualified immunity does not shield her individual actions if they violate clearly established constitutional rights based on objective reason
• Nydam v. Lennerton
  948 F.2d 808· 1st Cir.· 1991-11-04 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the jury's verdict and the denial of the defendants' motions for a new trial and judgment notwithstanding the verdict, finding the damages awarded were not excessive and the attorney fee award was not an abuse of discretion.
• Azul Pacifico v. City OF LOS Angeles
  948 F.2d 575· 9th Cir.· 1991-11-01 ·cited 6×
  The court held that the city's vacancy control ordinance effected a physical taking of mobile home park owners' property without just compensation, but the plaintiff's § 1983 claim was time-barred.
• Pardo v. Hosier
  946 F.2d 1278· 7th Cir.· 1991-10-30 ·cited 6×
  Prison regulations that provide procedural guidelines but do not mandate specific outcomes do not create a constitutionally protected liberty interest for inmates. Attorney's fees awards fall if the underlying judgment is reversed.
• Carver v. Bunch
  946 F.2d 451· 6th Cir.· 1991-10-09 ·cited 6×·via 42 U.S.C. § 1983 Claim For Denial Of Access To Courts
  The court held that the district court abused its discretion by dismissing the pro se plaintiff's complaint solely for failure to respond to a motion to dismiss, without considering the merits or the specific requirements of Federal Rule of Civil Procedure 41(b).
• Early Johnson v. Captain Boreani
  946 F.2d 67· 8th Cir.· 1991-09-26 ·cited 6×·via 42 U.S.C. § 1983 Action
  Summary judgment for defendants was appropriate because they are entitled to qualified immunity, and the plaintiff failed to prove entitlement to injunctive relief.
• Garth Maag v. Wessler
  944 F.2d 654· 9th Cir.· 1991-09-23 ·cited 6×·via 42 U.S.C. § 1983 Claim For Violation Of Fourth Amendment Rights
  The court held that awarding attorneys' fees to prevailing defendants in § 1983 actions requires a finding that the action was frivolous, unreasonable, and without foundation.
• Hazardous Waste Treatment Council v. State OF S.C.
  945 F.2d 781· 4th Cir.· 1991-09-20 ·cited 6×
  The court affirmed the preliminary injunction regarding statutes and executive orders but remanded the regulation for further balancing of hardships, clarifying the injunction did not declare the laws invalid.
• Quezada v. The Cnty. OF Bernalillo
  944 F.2d 710· 10th Cir.· 1991-09-09 ·cited 6×
  The court held that the district court's factual findings on the § 1983 claim were clearly erroneous because they did not assess the evidence for objective reasonableness under the Graham standard, requiring remand. The court also addressed state law claims against the Sheriff an
• Jiles v. Ingram
  944 F.2d 409· 8th Cir.· 1991-09-05 ·cited 6×
  The court held that the district court's finding of a Title VII disparate treatment violation against the City was not inconsistent with its finding that individual defendants did not intentionally discriminate, as discrimination by the City could be proven by the actions of its
• Stever v. Indep. Sch. Dist. NO. 625
  943 F.2d 845· 8th Cir.· 1991-09-03 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court affirmed the district court's ruling on three of Stever's claims but dissented on the First Amendment claim regarding retaliatory transfer.
• Soldal v. Cnty. OF Cook
  942 F.2d 1073· 7th Cir.· 1991-08-27 ·cited 6×
  The court held that a dispute about premature eviction, even if involving a seizure, should be handled in local housing court rather than federal court under 42 U.S.C. § 1983.
• Thompson v. Duke
  940 F.2d 192· 7th Cir.· 1991-08-02 ·cited 6×
• Jund v. The Town of Hempstead
  941 F.2d 1271· 2d Cir.· 1991-07-26 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that unincorporated associations can be held liable under § 1983 based on authorization or apparent authority of their agents, not requiring proof of membership ratification. Federal law governs this issue, not state law.
• Brooks v. Cook
  938 F.2d 1048· 9th Cir.· 1991-07-22 ·cited 6×
  The court held that informing the jury about the potential for attorneys' fees under 42 U.S.C. § 1988 and allowing defense counsel to comment on it was an abuse of discretion, as it could prejudice the jury and undermine the statute's purpose. The court also found the award of at
• Williams v. Adams
  935 F.2d 960· 8th Cir.· 1991-06-11 ·cited 6×
  A verified complaint is equivalent to an affidavit for summary judgment purposes, and a plaintiff is not required to file a separate affidavit if the complaint adequately alleges facts supporting their claim.
• Magnuson v. The City OF Hickory Hills
  933 F.2d 562· 7th Cir.· 1991-05-29 ·cited 6×
  The court held that the Magnusons' claims were moot because they had complied with the sewer rehabilitation program and faced no reasonable expectation of future harm, and their constitutional claims lacked merit.
• Cooper v. Sheriff, Lubbock Cnty., Tex.
  929 F.2d 1078· 5th Cir.· 1991-04-30 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court erred in dismissing the prisoner's § 1983 claim for failure to state a claim, as the complaint alleged sufficient facts regarding unconstitutional deprivation of food and punishment without due process.
• Taylor v. Wallace
  931 F.2d 698· 10th Cir.· 1991-04-30 ·cited 6×·via 42 U.S.C. § 1983 Claim For Denial Of Due Process
  The court held that the record lacked sufficient indicia of reliability for confidential informant testimony, thus violating due process, and vacated the dismissal.
• Wyatt v. Cole
  928 F.2d 718· 5th Cir.· 1991-04-17 ·cited 6×
  Monetary damages against private defendants are barred by good faith immunity, and attorneys fees against them are also barred. The state is liable for attorneys fees for its officials' enforcement of an unconstitutional statute, but the fee award calculation requires remand.
• Purvis v. Ponte
  929 F.2d 822· 1st Cir.· 1991-04-02 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that while the complaint was not frivolous, the plaintiff received sufficient procedural protections and failed to state a claim for an Eighth Amendment violation.
• McCORD v. Maggio
  927 F.2d 844· 5th Cir.· 1991-04-02 ·cited 6×
  The court held that the plaintiff inmate was subjected to cruel and unusual punishment in violation of the Eighth Amendment due to deplorable prison conditions, and that the defendant official was not entitled to qualified immunity under the circumstances.
• Inmates OF Orient Corr. Inst. v. Ohio State Adult Parole Auth.
  929 F.2d 233· 6th Cir.· 1991-03-26 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that Ohio law does not create a constitutionally protected liberty interest in being released on parole at a specific time, even after an 'on or after' date has been set.
• Ruark v. Solano
  928 F.2d 947· 10th Cir.· 1991-03-20 ·cited 6×
  The court held that a prisoner's claim of denial of access to legal resources was improperly dismissed, but claims regarding prison conditions and extradition did not state constitutional violations. The claim against the director was dismissed, but the claim against the legal as
• Steven v. Summers
  927 F.2d 1165· 10th Cir.· 1991-03-13 ·cited 6×
  The court held that the district court abused its discretion by failing to consider the plaintiff's timely objections to the magistrate's report, and thus vacated the judgment on that motion and remanded for further proceedings.
• Donald v. Balfour J. Rast
  927 F.2d 379· 8th Cir.· 1991-03-01 ·cited 6×
  The dissenting judge believes the trial court erred in excluding evidence, thus denying the appellant a fair trial.
• Erdman v. Cochise Cnty.
  926 F.2d 877· 9th Cir.· 1991-02-22 ·cited 6×·via 42 U.S.C. § 1983 Liability
  A Rule 68 Offer of Judgment, once accepted, cannot be rescinded based on the offeror's unilateral mistake regarding the inclusion of attorney fees as 'costs' under 42 U.S.C. § 1988, especially when the offer's language is unambiguous.
• Cooper v. Dupnik
  924 F.2d 1520· 9th Cir.· 1991-02-06 ·cited 6×
  Denying a suspect counsel to coerce a confession violates due process and 42 U.S.C. § 1983, regardless of the suspect's guilt or innocence.
• Boyle v. The Governor's Veterans Outreach & Assistance Ctr.
  925 F.2d 71· 3d Cir.· 1991-01-31 ·cited 6×
  The court held that the dismissal of an employee by a federally funded organization was not state action, and therefore not actionable under 42 U.S.C. § 1983, because the organization's relationship with the state was too tenuous.
• Finkelstein v. Bergna
  924 F.2d 1449· 9th Cir.· 1991-01-29 ·cited 6×
  The court held that the law was clearly established that a deputy prosecutor could not be disciplined for exercising First Amendment rights, and thus the official was not entitled to qualified immunity.
• Nolan Longmire v. Guste
  921 F.2d 620· 5th Cir.· 1991-01-24 ·cited 6×
  The court held that the use of "et al." in a notice of appeal is not a jurisdictional defect when naming appellees, and that the record was insufficient to grant summary judgment on the constitutionality of the restitution statute as applied.
• Stewart v. McMANUS
  924 F.2d 138· 8th Cir.· 1991-01-22 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the Interstate Corrections Compact and its implementing contract did not mandate the application of Kansas disciplinary rules to inmates transferred to Iowa, and that the use of flex cuffs during a prison disturbance did not violate the Eighth Amendment.
• Langford v. Gay Lane
  921 F.2d 677· 6th Cir.· 1991-01-03 ·cited 6×
• Mayfield v. Collins
  918 F.2d 560· 5th Cir.· 1990-12-07 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the prisoner's appeal was frivolous and dismissed it, imposing a sanction to prevent future waste of judicial resources.
• Jewell v. Cnty. OF Nassau
  917 F.2d 738· 2d Cir.· 1990-10-30 ·cited 6×·via 42 U.S.C. § 1983 Claim For Damages
  A dismissal without prejudice to allow exhaustion of state remedies would time-bar a § 1983 claim if the statute of limitations has run, and a judicial stay, not dismissal, is the proper mechanism to avoid the limitations bar.
• United Ass'n OF Black Landscapers v. City OF Milwaukee
  916 F.2d 1261· 7th Cir.· 1990-10-29 ·cited 6×·via Section 1983
  The court held that summary judgment was properly granted because the plaintiffs failed to establish a prima facie case of disparate impact by identifying specific discriminatory practices, and the individual claims failed to demonstrate pretext or qualification.
• Sanchez v. City OF Santa ANA
  915 F.2d 424· 9th Cir.· 1990-09-25 ·cited 6×
  The court held that the City violated the officer's due process rights by removing his merit pay without a hearing, but that his claim for emotional distress damages was barred by a prior workers' compensation award.
• Oldring v. Sch. Bd. OF Duval Cnty.
  567 So. 2d 519· Fla. 1st DCA· 1990-09-21 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  Theresa Oldring appealed the trial court's award of attorney's fees and costs to the School Board of Duval County in her § 1983 civil rights action. The appellate court reversed, holding that a defendant seeking attorney's fees under 42 U.S.C. § 1988 must establish the plaintiff'
• Scott v. Flowers
  910 F.2d 201· 5th Cir.· 1990-08-20 ·cited 6×
  The dissenting judge holds that the plaintiff's section 1983 suit is barred under the rationale of Thomas v. Kadish because the Texas Commission on Judicial Conduct functioned as a court and review was available, and the reprimand was a non-actionable expression of opinion.