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

• Myers v. Scott Cnty.
  868 F.2d 1017· 8th Cir.· 1989-03-03 ·cited 6×
  The court affirmed the district court's grant of summary judgment, finding that the alleged violations did not rise to a constitutional level actionable under 42 U.S.C. § 1983.
• Perez-Serrano v. DeLEON-Velez
  868 F.2d 30· 1st Cir.· 1989-02-22 ·cited 6×
  In a § 1983 action seeking both damages and injunctive relief, common issues of liability must first be submitted to a jury, and the district court erred by resolving liability itself.
• Gerhard Bass v. Attardi
  868 F.2d 45· 3d Cir.· 1989-02-14 ·cited 6×
  Members of a New Jersey planning board and their agents are absolutely immune from section 1983 actions in their individual capacities; however, suits against them in their official capacities are treated as suits against the board itself, which has no immunity. The court could n
• Jamison-Bey v. Thieret
  867 F.2d 1046· 7th Cir.· 1989-02-09 ·cited 6×
  The court held that summary judgment was prematurely granted because the plaintiff's allegations, when liberally construed and viewed in his favor, raised genuine issues of material fact regarding Eighth Amendment violations.
• Henry v. Perry
  866 F.2d 657· 3d Cir.· 1989-02-06 ·cited 6×
  The denial of a qualified immunity claim based on the objective legal reasonableness of the defendant's conduct is immediately appealable.
• Herrera v. Millsap
  862 F.2d 1157· 5th Cir.· 1989-01-09 ·cited 6×
  Summary judgment for defendants is affirmed because the plaintiff failed to present evidence showing more than negligence, which is insufficient to establish a due process violation under § 1983.
• Johansen v. The City OF Bartlesville
  862 F.2d 1423· 10th Cir.· 1988-12-09 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiffs' claims for injunctive and declaratory relief under § 1983 were moot, and their claims for punitive damages and under § 1985 were insufficient or withdrawn, warranting dismissal.
• Coppinger v. Metro-North Commuter Railroad
  861 F.2d 33· 2d Cir.· 1988-11-03 ·cited 6×·via 42 U.S.C. § 1983 Claim For Violation Of Fourth Amendment Rights
  A district court has jurisdiction to hear a discharged employee's claim for damages and equitable relief under 42 U.S.C. § 1983, even if the discharge was upheld in arbitration under the Railway Labor Act, as the RLA does not preempt independent statutory and constitutional claim
• Borunda v. Richmond
  885 F.2d 1384· 9th Cir.· 1988-11-03 ·cited 6×·via 42 U.S.C. § 1983 Claim For Violation Of Fourth Amendment Rights
  The court held that the admission of evidence of prior acquittals and attorneys' fees incurred in the criminal case was not an abuse of discretion, and the denial of motions for nonsuit and directed verdict was proper.
• Callie Walsdorf v. Bd. OF Comm'rs FOR THE E. Jefferson Levee Dist. & John Lauricella, Jr.
  857 F.2d 1047· 5th Cir.· 1988-10-18 ·cited 6×
  The court held that the defendant's discriminatory animus was a significant factor in denying the plaintiff a promotion, constituting a violation of Title VII, and affirmed the finding of retaliation.
• Rutledge v. Ariz. Bd. OF Regents
  859 F.2d 732· 9th Cir.· 1988-10-14 ·cited 6×
  A conspiracy to intimidate witnesses in a federal action does not cause cognizable injury under 42 U.S.C. § 1985(2) if the federal action is dismissed on purely legal grounds before trial, thus not affecting the claimant's ability to present their case.
• Dorsey v. The City OF Detroit
  858 F.2d 338· 6th Cir.· 1988-10-04 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that the trial court erred in admitting a police report withheld during discovery, entitling the mother to a new trial on her claims, but affirmed the judgment for the son and other claims.
• Samarzia v. Clark Cnty.
  859 F.2d 88· 9th Cir.· 1988-10-03 ·cited 6×
  The court held that a directed verdict was appropriate for the section 1983 due process claim due to lack of policymaker involvement, but reversed the directed verdict on the age discrimination claim, finding sufficient evidence of pretext for a jury to consider.
• Patton v. The Cnty. OF Kings
  857 F.2d 1379· 9th Cir.· 1988-09-30 ·cited 6×
  The court held that while the plaintiff's action was frivolous, the district court erred by not providing sufficient findings for the attorney's fee award calculation and by failing to consider the plaintiff's ability to pay.
• Cordell Moody v. J.O. Baker
  857 F.2d 256· 5th Cir.· 1988-09-19 ·cited 6×
  The court held that a prisoner's pro se complaint, despite stating a claim cognizable under 42 U.S.C. § 1983 when read in isolation, was properly dismissed as frivolous due to a history of similar filings and that sanctions were appropriate.
• Golden State Transit Corp. v. City OF LOS Angeles
  857 F.2d 631· 9th Cir.· 1988-09-15 ·cited 6×·via 42 U.S.C. § 1983 Claim For Damages
  Section 1983 damages are not available because the City of Los Angeles did not directly violate the National Labor Relations Act, as required by circuit precedent.
• Meadows v. The State OF Ind.
  854 F.2d 1068· 7th Cir.· 1988-08-23 ·cited 6×
  The Eleventh Amendment bars this suit against the State of Indiana and its officials in their official capacities, as the state has not waived its immunity.
• Robinette v. Barnes
  854 F.2d 909· 6th Cir.· 1988-08-22 ·cited 6×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The use of a properly trained police dog to apprehend a felony suspect does not constitute deadly force, and even if it did, the circumstances justified its use in this case.
• Dace v. Solem
  858 F.2d 385· 8th Cir.· 1988-07-19 ·cited 6×
  The court held that a pro se prisoner's complaint, dismissed as frivolous before service, should not have been dismissed if it contained rational legal and factual arguments, even if undeveloped.
• Francis v. Coughlin
  849 F.2d 778· 2d Cir.· 1988-06-20 ·cited 6×
  The court held that the district court prematurely denied the defendants' motion to dismiss based on qualified immunity without fully addressing all asserted grounds for the defense. The appeal concerning the merits of one claim was dismissed for lack of jurisdiction.
• Murphy v. Morris
  849 F.2d 1101· 8th Cir.· 1988-06-16 ·cited 6×
  A state assistant attorney general is entitled to absolute immunity for regular advocacy functions performed in defense of civil rights litigation.
• Klingele v. Eikenberry
  849 F.2d 409· 9th Cir.· 1988-06-13 ·cited 6×
  The court held that the district court erred by granting summary judgment without advising the pro se prisoner of Rule 56 requirements and before allowing adequate discovery.
• Schucker v. Rockwood
  846 F.2d 1202· 9th Cir.· 1988-05-17 ·cited 6×·via 42 U.S.C. § 1983 Action
  A judge is absolutely immune from civil liability for acts taken within their jurisdiction, even if in excess of jurisdiction, and mere invocation of state judicial process does not constitute state action for a § 1983 claim.
• Culebras Enters. Corp. v. Rivera-Rios
  846 F.2d 94· 1st Cir.· 1988-05-09 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that attorneys who performed pretrial legal services while known to be potential witnesses did not violate the advocate-witness rule under the applicable Model Rules of Professional Conduct and are eligible for attorneys' fees under 42 U.S.C. § 1988.
• Haley v. Dormire
  845 F.2d 1488· 8th Cir.· 1988-05-02 ·cited 6×
  The court held that the complaints were legally frivolous and properly dismissed by the district court under 28 U.S.C. § 1915(d).
• Beck v. Lynaugh
  842 F.2d 759· 5th Cir.· 1988-04-18 ·cited 6×
  The court held that the dismissal of claims regarding unconstitutional living conditions and denial of religious services was erroneous, but the dismissal of other claims was appropriate.
• Wade v. Goodwin
  843 F.2d 1150· 8th Cir.· 1988-04-08 ·cited 6×
  The court held that the compilation and publication of a 'survivalist list' by state police, without more, did not deprive the plaintiff of constitutional rights to due process, equal protection, or privacy, and thus did not support a § 1983 claim.
• Levi v. Univ. OF Tex. AT SAN Antonio
  840 F.2d 277· 5th Cir.· 1988-03-23 ·cited 6×·via § 1983
  The court held that a rational trier of fact could not find the university's tenure decision irrational, and insufficient evidence was presented for the conspiracy claim.
• Frett v. Gov't OF THE Virgin Islands
  839 F.2d 968· 3d Cir.· 1988-02-17 ·cited 6×
  The court held that the Government of the Virgin Islands and its officials could be held liable under 42 U.S.C. § 1983 for reckless disregard of an inmate's safety, allowing judgments exceeding territorial tort claim limits.
• Williams v. Adams
  836 F.2d 958· 5th Cir.· 1988-02-05 ·cited 6×·via 42 U.S.C. § 1983 Violations
  The court held that the defendant's actions were not a significant contributing cause of the plaintiff's arrest, thus summary judgment was appropriate.
• Chandler v. Presiding Judge
  838 F.2d 977· 8th Cir.· 1988-02-03 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the Missouri tolling statute applies to a prisoner's 42 U.S.C. § 1983 action, and the repeal of the civil death statute did not remove the disability of imprisonment for tolling purposes.
• Thaddus C. Simmons v. D.J. Poppell
  837 F.2d 1243· 5th Cir.· 1988-02-02 ·cited 6×
  The court held that the prisoner's claim was de minimis and failed to raise a constitutional issue, thus the dismissal as frivolous was proper.
• Lara Antkowiak v. Ambach
  838 F.2d 635· 2d Cir.· 1988-01-27 ·cited 6×
  The court held that neither a hearing officer nor a district court can order a handicapped child's placement in an unapproved private school under the Education of the Handicapped Act (EHA).
• Ronny J. Goldsmith v. Mayor & City Council OF Baltimore
  845 F.2d 61· 4th Cir.· 1988-01-19 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court lacked subject matter jurisdiction because the plaintiff's due process claim was not a substantial federal question, as legislative bodies have the authority to abolish public offices.
• Alioto v. City OF Shively
  835 F.2d 1173· 6th Cir.· 1987-12-29 ·cited 6×
  Police officers testifying before a grand jury are absolutely immune from liability for their testimony, and municipalities cannot be held liable under § 1983 on a respondeat superior theory.
• Ad-Hoc Comm. OF the Baruch Black & Hispanic Alumni Ass'n v. Bernard M. Baruch Coll.
  835 F.2d 980· 2d Cir.· 1987-12-22 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in dismissing the complaint at the pleading stage without considering the college's justifications for denying recognition to the alumni association.
• Pub. Serv. Co. OF NEW Hampshire v. Town OF W. Newbury
  835 F.2d 380· 1st Cir.· 1987-12-16 ·cited 6×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  The court held that the company failed to demonstrate a likelihood of irreparable harm or success on the merits, and therefore the denial of a preliminary injunction was not an abuse of discretion.
• Hanner v. The State OF Miss.
  833 F.2d 55· 5th Cir.· 1987-12-02 ·cited 6×
  The court held that for Mississippi § 1983 claims accruing before Wilson, the limitations period is the longer pre-Wilson period or one year from Wilson, whichever expires first.
• Knudson v. City OF Ellensburg
  832 F.2d 1142· 9th Cir.· 1987-11-18 ·cited 6×
  A former police officer has a constitutionally protected property interest in disability medical benefits, and termination of these benefits without a predeprivation hearing violates due process.
• Hotel & Rest. Emps. & Bartenders Int'l Union Local 54 & Frank Gerace v. Read
  832 F.2d 263· 3d Cir.· 1987-11-02 ·cited 6×
  The court held that the New Jersey Casino Control Act's registration and disqualification provisions do not violate the union's First or Fourteenth Amendment rights.
• Med. Malpractice Joint Underwriting Ass'n OF R.I. v. Pfeiffer
  832 F.2d 240· 1st Cir.· 1987-11-02 ·cited 6×
  The court held that the district court erred in abstaining from adjudicating a challenge to the constitutionality of a state statute, as such direct challenges are not subject to abstention doctrines when no state proceedings are pending.
• Klein Indep. Sch. Dist. v. Mattox
  830 F.2d 576· 5th Cir.· 1987-10-22 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that a public school teacher's college transcript is not protected by FERPA, and the public's interest in evaluating teacher competence outweighs the teacher's privacy interest in the transcript.
• Wayland Taylor v. E.W. Cochran
  830 F.2d 900· 8th Cir.· 1987-10-05 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to show constitutionally protected conduct was a motivating factor in his firing, and that the evidence of financial reasons for the layoff was unrebutted.
• Sinn v. THE Daily Nebraskan
  829 F.2d 662· 8th Cir.· 1987-09-25 ·cited 6×
• Jackson v. Beard
  828 F.2d 1077· 4th Cir.· 1987-09-18 ·cited 6×
  The court held that the twenty-day period for filing a motion for attorney's fees under Local Rule 23A begins to run from the entry of the primary judgment, not from the denial of post-verdict motions.
• Brown v. Smith
  828 F.2d 1493· 10th Cir.· 1987-09-18 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the prison disciplinary board's decision to revoke good time credits was not supported by sufficient evidence, violating the plaintiff's due process rights.
• Walje v. The City OF Winchester
  827 F.2d 10· 6th Cir.· 1987-09-02 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that general damages are appropriate in § 1983 actions for First Amendment violations when harm is likely but difficult to prove, and attorney fees were reasonable.
• Theis v. Smith
  827 F.2d 260· 7th Cir.· 1987-08-27 ·cited 6×
  The court held that it lacked jurisdiction to hear the appeal because the order dismissing the judge was not a final order and did not meet the criteria for a collateral order appeal.
• Dethorn Graham v. City OF Charlotte
  827 F.2d 945· 4th Cir.· 1987-08-25 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the Fourth Amendment, not the Eighth Amendment, governs claims arising from investigatory stops, and the reasonableness of the seizure is a jury question.
• Fairley v. Jones
  824 F.2d 440· 5th Cir.· 1987-08-19 ·cited 6×
  The court held that the pro se plaintiff's notice of appeal was timely due to the 'unique circumstances' exception, and that the magistrate did not err in denying punitive damages or a jury trial on remand.