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

• Orebaugh v. Caspari
  910 F.2d 526· 8th Cir.· 1990-08-07 ·cited 6×
  The court held that the district court properly dismissed the prisoner's pro se complaint as frivolous, finding no constitutional violations.
• Rosenthal v. Justices OF THE Supreme Court OF Cal.
  910 F.2d 561· 9th Cir.· 1990-08-01 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court correctly dismissed the appellant's claims challenging his disbarment proceedings, affirming the dismissal.
• Adams v. Hansen
  906 F.2d 192· 5th Cir.· 1990-07-23 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that a prisoner's allegations of significant injury from excessive force, even if not 'severe,' are sufficient to state an Eighth Amendment claim and are not frivolous.
• Fields v. Durham
  909 F.2d 94· 4th Cir.· 1990-07-19 ·cited 6×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  The court held that the plaintiff received constitutionally adequate pre-deprivation process and had sufficient post-deprivation remedies available, thus failing to state a claim under 42 U.S.C. § 1983.
• Sanders v. MacArthur Woodruff
  908 F.2d 310· 8th Cir.· 1990-07-10 ·cited 6×
  The reassignment of an inmate to a more restrictive housing level, even if labeled administrative, may be punitive and thus require due process protections if it is not rationally related to a legitimate governmental purpose.
• McCarthy v. Bronson
  906 F.2d 835· 2d Cir.· 1990-06-22 ·cited 6×
  The court held that the procedural irregularities did not impair the validity of the judgment, affirming the denial of the prisoner's claims.
• Gilbert v. Collins
  905 F.2d 61· 5th Cir.· 1990-06-19 ·cited 6×·via § 1983 Suit
  The court held that a magistrate's dismissal of a prisoner's excessive force claim, based on unauthenticated hearsay and improperly disregarding the prisoner's testimony, was erroneous.
• Henne v. Wright
  904 F.2d 1208· 8th Cir.· 1990-05-23 ·cited 6×
  The court held that parents have a fundamental right to name their children, and the state's interest in administrative convenience is not compelling enough to override this right.
• Patterson v. Coughlin
  905 F.2d 564· 2d Cir.· 1990-05-16 ·cited 6×·via 42 U.S.C. § 1983 Claim For Denial Of Due Process
  The court held that while the prisoner was entitled to summary judgment on liability for the due process violation, the prison officials were entitled to a jury trial on the issue of damages.
• Rocky v. King
  900 F.2d 864· 5th Cir.· 1990-05-15 ·cited 6×
  A class action is moot if the named plaintiff's individual claim became moot before the district court ruled on class certification, and the claim does not fit the 'capable of repetition, yet evading review' exception.
• Czajka v. Black
  901 F.2d 1484· 8th Cir.· 1990-05-02 ·cited 6×
  The court affirmed the district court's denial of the motion for a new trial and the adverse jury verdicts.
• Moreland v. Wharton
  899 F.2d 1168· 11th Cir.· 1990-05-01 ·cited 6×·via 42 U.S.C. § 1983 Claim For Deliberate Indifference To Serious Medical Needs
  A district court abuses its discretion by dismissing a prisoner's pro se complaint under 28 U.S.C. § 1915(d) if the complaint states a constitutional claim with an arguable basis in law and fact, without conducting a sufficient inquiry.
• Brogan v. SAN Mateo Cnty.
  901 F.2d 762· 9th Cir.· 1990-04-18 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that the workfare program and its administration did not violate the Constitution or Brogan's civil rights, and that adequate state remedies existed for any potential state law claims.
• Swift v. Lewis
  901 F.2d 730· 9th Cir.· 1990-04-06 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that summary judgment was improper because the prison failed to provide evidence that its grooming policy was reasonably related to legitimate penological interests and that the district court erred in dismissing a damages claim against a private party.
• Wood v. Housewright
  900 F.2d 1332· 9th Cir.· 1990-04-02 ·cited 6×
  The court affirmed the judgment, finding no personal liability for Eighth Amendment violations despite acknowledging deliberate indifference.
• Laurence Burgin v. Crispus NIX
  899 F.2d 733· 8th Cir.· 1990-03-30 ·cited 6×
  The court held that the prison policy did not create a liberty interest protected by the Fourteenth Amendment, as it lacked specific substantive criteria and mandatory language guiding the decision-makers regarding sacked meals.
• DeYOUNG v. Patten
  898 F.2d 628· 8th Cir.· 1990-03-14 ·cited 6×
  The court held that while there was state action, political candidates have no constitutional right to appear on television, and there is no implied private cause of action under the Federal Communications Act for violation of the equal time provision, nor is it enforceable under
• Blankenship v. Gunter
  898 F.2d 625· 8th Cir.· 1990-03-13 ·cited 6×·via 42 U.S.C. § 1983 Action
  A prison regulation prohibiting inmates from using their trust fund accounts for religious donations is valid if reasonably related to legitimate penological interests, and inmates have alternative means to make such donations.
• Dixon v. The City OF Lawton
  898 F.2d 1443· 10th Cir.· 1990-03-08 ·cited 6×
  The court's majority opinion, while ultimately ruling for defendants, improperly discussed a § 1983 conspiracy claim that was neither pleaded nor raised on appeal.
• Elling O. Eide v. Sarasota Cnty.
  895 F.2d 1326· 11th Cir.· 1990-03-08 ·cited 6×
  A landowner's federal claims challenging zoning regulations are not ripe until the local authority has made a final decision regarding the application of the regulation to the property, and the landowner has submitted at least one meaningful application for development.
• Thompson v. Crispus NIX
  897 F.2d 356· 8th Cir.· 1990-03-01 ·cited 6×·via § 1983 Suit
  The court held that factual errors in a magistrate's report, adopted by the district court without objection, constitute plain error requiring vacation and remand.
• Burns v. Reed
  894 F.2d 949· 7th Cir.· 1990-02-06 ·cited 6×
• FOX v. T.A. Coughlin, III
  893 F.2d 475· 2d Cir.· 1990-01-04 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the prison officials were protected by qualified immunity because the inmate did not have a clearly established right to assistance in preparing his defense or to have two specific correctional officers interviewed at the disciplinary hearing at the time of th
• Duffy v. Sarault
  892 F.2d 139· 1st Cir.· 1989-12-19 ·cited 6×
  The court held that findings regarding whether an employee would have been terminated regardless of protected speech are factual determinations subject to the clearly erroneous standard of review, not de novo review.
• Cito v. Bridgewater Twp. Police Dep't
  892 F.2d 23· 3d Cir.· 1989-12-18 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the New Jersey two-year statute of limitations for personal injury actions, N.J.S.A. 2A: 14-2, applies to Section 1983 claims, not the six-year residual statute.
• Solomon v. Zant
  888 F.2d 1579· 11th Cir.· 1989-11-30 ·cited 6×
  The court held that the institutional policy prohibiting death row inmates from leaving their cell block unless shaving requirements are met is a permissible restriction, and enforcing it does not violate an inmate's constitutional rights.
• Darius Gittens v. Superintendent Eugene S. LeFEVRE
  891 F.2d 38· 2d Cir.· 1989-11-29 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that New York regulations failing to provide inmates an adequate opportunity to be heard within a reasonable time of administrative confinement violate due process, but affirmed dismissal based on qualified immunity because defendants acted reasonably in reliance o
• Maxey v. Fulton
  890 F.2d 279· 10th Cir.· 1989-11-29 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the district court's order denying summary judgment and protective order did not conclusively determine the appellant's qualified immunity but impermissibly infringed on his immunity from overly broad discovery, thus warranting appellate review.
• Rosa R. v. Connelly
  889 F.2d 435· 2d Cir.· 1989-11-09 ·cited 6×
  The court affirmed the district court's judgment, holding that the school board's actions did not violate due process or equal protection, and that the local board was not entitled to Eleventh Amendment immunity.
• Huron Valley Hosp., Inc. v. City OF Pontiac
  887 F.2d 710· 6th Cir.· 1989-10-13 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiffs' § 1983 claims were properly dismissed because adequate state remedies existed to address the alleged due process violations, even if those remedies provided less relief than § 1983.
• Brower v. Cnty. OF Inyo
  884 F.2d 1316· 9th Cir.· 1989-09-18 ·cited 6×
  The court held that the necessity of using deadly force to stop a fleeing suspect is a factual question that cannot be resolved on a motion to dismiss.
• Lenell Geter v. Fortenberry
  882 F.2d 167· 5th Cir.· 1989-09-05 ·cited 6×
  The court held that a police officer is not liable for false testimony given on the witness stand due to absolute immunity, but specific factual allegations of misconduct in an investigation can overcome qualified immunity.
• Callwood v. Questel
  883 F.2d 272· 3d Cir.· 1989-08-30 ·cited 6×
  The court held that the Virgin Islands' tolling statute may suspend the running of the statute of limitations for a prisoner's civil rights action, and remanded for factual determination.
• Biegenwald v. Fauver
  882 F.2d 748· 3d Cir.· 1989-08-11 ·cited 6×
  The court held that abstention was improper because there is substantial doubt the plaintiff could obtain a construction of the relevant state statute in any state proceeding.
• Russell v. Hardin
  879 F.2d 417· 8th Cir.· 1989-07-18 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that law enforcement officers are entitled to qualified immunity from suit when their conduct is objectively legally reasonable, even if they cooperated with the IRS in seizing property.
• Stevenson v. Koskey
  877 F.2d 1435· 9th Cir.· 1989-06-26 ·cited 6×
• Praprotnik v. City OF ST. Louis
  879 F.2d 1573· 8th Cir.· 1989-06-21 ·cited 6×
  The court held that the plaintiff failed to establish municipal liability under 42 U.S.C. § 1983 because the supervisors responsible for his transfer and termination lacked final policymaking authority and there was no evidence of an unconstitutional municipal policy.
• Perry v. Kunz
  878 F.2d 1056· 8th Cir.· 1989-06-19 ·cited 6×
  The court held that a plaintiff in an age discrimination case is not limited to the McDonnell Douglas burden-shifting framework and may present direct evidence of discrimination, which, if believed, can suffice to prove the case.
• Tyler v. Rich Berodt
  877 F.2d 705· 8th Cir.· 1989-06-15 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that cordless telephone conversations were not protected 'wire communications' under the Wiretap Act because the users lacked a justifiable expectation of privacy.
• Kinan v. City OF Brockton
  876 F.2d 1029· 1st Cir.· 1989-06-02 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court affirmed the directed verdicts and jury findings, holding that the trial court did not err in excluding evidence, directing verdicts, or in its jury instructions.
• Felton v. Fayette Sch. Dist.
  875 F.2d 191· 8th Cir.· 1989-05-19 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that a school district's rule requiring good citizenship for participation in off-campus vocational programs, when applied to a student adjudicated delinquent, does not violate the Equal Protection Clause under a rational basis review.
• Shields v. Burge
  874 F.2d 1201· 7th Cir.· 1989-05-15 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that while the allegations of governmental interference with a psychotherapeutic relationship may implicate a right of privacy, the right is not sufficiently established to overcome qualified immunity at this stage.
• Kaiser v. Lief
  874 F.2d 732· 10th Cir.· 1989-05-10 ·cited 6×
  The court held that the search warrant was validly issued, the seizure of furs was permissible under the plain view doctrine, and the jury instructions were proper.
• Gardner v. Parson
  874 F.2d 131· 3d Cir.· 1989-05-03 ·cited 6×
  The court held that the district court abused its discretion by failing to appoint a new next friend for the child and dismissing her claims, but affirmed the dismissal of the grandmother's individual claims.
• Holman v. Cayce
  873 F.2d 944· 6th Cir.· 1989-05-02 ·cited 6×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that a police officer was improperly held in contempt for refusing to reveal the identity of a confidential informant, as the informant's identity was protected by the informer's privilege.
• Muckleshoot Tribe v. Puget Sound Power & Light Co.
  875 F.2d 695· 9th Cir.· 1989-04-27 ·cited 6×·via 42 U.S.C. § 1983 Action
  A prevailing plaintiff in a § 1983 action may sue for attorneys' fees unless the defendant demonstrates a clear waiver of fees as part of the settlement, even if the settlement agreement is silent on the issue.
• Altonette Jackson v. Raoul Galan
  868 F.2d 165· 5th Cir.· 1989-03-22 ·cited 6×·via 42 U.S.C. § 1983 Claim For Deprivation Of Due Process
  The court held that the Sheriff, sued in his official capacity, was liable for attorney's fees under § 1988, but the Clerk of Court was not, due to lack of causal nexus and plaintiff not prevailing against him.
• Harlan L. Jacobsen v. Harris
  869 F.2d 1172· 8th Cir.· 1989-03-16 ·cited 6×
  The court held that the City's ordinance regulating newsracks, which requires a permit, fee, and insurance, is a constitutional time, place, and manner restriction that does not violate First Amendment, equal protection, or due process rights.
• Gorenc v. Salt River Project Agric. Improvement & Power Dist.
  869 F.2d 503· 9th Cir.· 1989-03-08 ·cited 6×
  The court held that the Salt River Project Agricultural Improvement and Power District acted as a private entity, not a state actor, when terminating an employee, and thus did not violate the employee's procedural due process rights under the Fourteenth Amendment.
• Pitts v. Bd. OF Educ. OF U.S.D. 305
  869 F.2d 555· 10th Cir.· 1989-03-07 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  A public school teacher who knowingly waives his procedural rights under state law to a pretermination hearing forfeits his federal due process claim.