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

• Vargas-Figueroa v. Saldana
  826 F.2d 160· 1st Cir.· 1987-08-18 ·cited 6×
  The court held that the district court erred in granting a preliminary injunction because the plaintiff failed to demonstrate a sufficient likelihood of success on the merits and the harm to the university outweighed the harm to the plaintiff.
• David Yashon, M.D. v. William E. Hunt, M.D.
  825 F.2d 1016· 6th Cir.· 1987-08-03 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the Medical Staff Administrative Committee's (MSAC) consideration of charges previously addressed in disciplinary proceedings was not barred by administrative res judicata, and that the MSAC hearing did not violate plaintiff's procedural due process rights.
• Hall v. Unknown Named Agents OF the NEW York State Dep't FOR Corr. Servs. FOR Appu Unit AT Clinton Prison & Eugene LeFevre
  825 F.2d 642· 2d Cir.· 1987-07-29 ·cited 6×
  The court held that an inmate's transfer from voluntary protective custody to a diagnostic and treatment program (APPU) does not implicate a liberty interest protected by due process, as New York statutes and regulations do not create such an entitlement.
• Johnson v. Pfeiffer
  821 F.2d 1120· 5th Cir.· 1987-07-17 ·cited 6×
  The court held that the inmate's pro se complaint sufficiently stated claims for relief under 42 U.S.C. § 1983, and that these claims were not barred by the requirement to exhaust state remedies via habeas corpus.
• Malek v. Camp
  822 F.2d 812· 8th Cir.· 1987-07-08 ·cited 6×
  The court held that a prison appeals board's impartiality can cure any bias at the initial disciplinary hearing level.
• Rudow v. The City OF NEW York
  822 F.2d 324· 2d Cir.· 1987-07-02 ·cited 6×
  A municipal attorney acting in a prosecutorial capacity is absolutely immune from liability for actions taken within the scope of that role, even if those actions involve misconduct or conflicts of interest, provided they are not taken in the clear absence of all jurisdiction. Fu
• Smith v. Kirk
  821 F.2d 980· 4th Cir.· 1987-06-24 ·cited 6×
  The court held that 42 U.S.C. § 422 does not create an enforceable right or entitlement to vocational rehabilitation services, and thus cannot form the basis for a § 1983 claim.
• Mairena v. Foti
  816 F.2d 1061· 5th Cir.· 1987-05-18 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that the evidence supported the jury's finding that the District Attorney's office's failure to have a procedure for canceling material witness warrants constituted a custom or policy that violated the plaintiff's constitutional rights, and that the jury's damage a
• Myron Keith Wyatt v. Delaney
  818 F.2d 21· 8th Cir.· 1987-05-11 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the inmate failed to prove an Eighth Amendment violation because the injury was accidental and the emotional harm was de minimis.
• Lewis v. Sheriffs Dept. FOR the City OF ST. Louis
  817 F.2d 465· 8th Cir.· 1987-05-01 ·cited 6×
  The court held that the trial court did not abuse its discretion in denying a new trial, as the verdict was not against the manifest weight of the evidence and any error in admitting evidence of a prior fight was harmless.
• In re "Agent Orange" Product Liability Litigation. Gerald Hogan, M.D. v. The DOW Chem. Co.
  818 F.2d 210· 2d Cir.· 1987-04-21 ·cited 6×
  The court affirmed the dismissal of Dr. Hogan's case for discovery abuse and affirmed summary judgments for the Hawaiian plaintiffs' personal injury claims, but remanded Mrs. Fraticelli's wrongful death claim against chemical companies and vacated her claim against the U.S.
• Karmanos v. Deane Baker
  816 F.2d 258· 6th Cir.· 1987-04-20 ·cited 6×
  The court held that the plaintiffs failed to state a claim under 42 U.S.C. § 1983 because the NCAA's interpretation of its eligibility rules did not infringe constitutional rights and the NCAA did not act under color of state law.
• Rocky v. Vittorie
  813 F.2d 734· 5th Cir.· 1987-04-07 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a district court erred in dismissing an inmate's civil rights suit for failure to exhaust administrative remedies without considering whether the inmate made a good faith attempt to do so.
• Segundo v. City OF Rancho Mirage
  813 F.2d 1387· 9th Cir.· 1987-04-02 ·cited 6×
  Local rent control ordinances are preempted by federal law when applied to a mobile home park operated by a non-Indian entity on Indian trust lands, due to the comprehensive federal regulatory scheme governing such leases.
• Clay v. Coolidge Conlee
  815 F.2d 1164· 8th Cir.· 1987-04-01 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court should not have overruled the district court's decision regarding probable cause for arrest.
• Kareem Faheem-El v. Klincar
  814 F.2d 461· 7th Cir.· 1987-03-18 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that Illinois' blanket denial of bail to arrested parole violators pending their final revocation hearing likely violates the Due Process Clause of the Fourteenth Amendment.
• Swink v. City OF Pagedale
  810 F.2d 791· 8th Cir.· 1987-02-02 ·cited 6×
  The court held that the trial court did not abuse its discretion in denying a default judgment, limiting voir dire, or directing a verdict for the city, and that any error in jury instructions was harmless.
• Abramson v. The Council Bluffs Cmty. Sch. Dist.
  808 F.2d 1307· 8th Cir.· 1987-01-26 ·cited 6×
  Unreviewed administrative proceedings do not preclude Title VII claims, but may preclude § 1983 claims if the agency acted in a judicial capacity. The court remanded for further proceedings on jurisdictional issues.
• Peter Henderson OIL Co. & Pinnacle Co. v. City OF Port Arthur
  806 F.2d 1273· 5th Cir.· 1987-01-06 ·cited 6×
  The court held that the appellants' cause of action under 42 U.S.C. § 1983 was time-barred by the applicable state statute of limitations.
• Serpas v. Schmidt
  808 F.2d 601· 7th Cir.· 1986-12-19 ·cited 6×
  The court should abstain from deciding the constitutional issue to allow Illinois courts to interpret the state statute, which could resolve the case without constitutional adjudication.
• Carter v. Jasper Greg Rogers
  805 F.2d 1153· 4th Cir.· 1986-11-26 ·cited 6×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury verdicts were inconsistent and that the evidence supported a finding for the plaintiff on both federal excessive force and state assault and battery claims, requiring a new trial.
• Liles v. Reagan
  804 F.2d 493· 8th Cir.· 1986-11-04 ·cited 6×
  A state court judge is entitled to absolute immunity from civil damages actions for judicial acts performed within their jurisdiction, even if those acts are later found to be erroneous or in excess of jurisdiction.
• Benkendorf v. Vill. OF Hazel Crest
  804 F.2d 99· 7th Cir.· 1986-10-27 ·cited 6×·via 42 U.S.C. § 1983 Claim For Damages
  The appeal of the denial of a preliminary injunction is dismissed as moot because the challenged ordinance was amended during the pendency of the appeal.
• Chalfy v. Marrone
  804 F.2d 20· 2d Cir.· 1986-10-23 ·cited 6×
  The court held that the appellants' constitutional claims regarding TLC's administration of limousine licensing requirements were without merit and affirmed the district court's grant of summary judgment.
• Trans-Sterling, Inc. v. Bible
  804 F.2d 525· 9th Cir.· 1986-09-30 ·cited 6×·via 42 U.S.C. § 1983 Action
  A waiver of a section 1983 claim is valid if voluntary, deliberate, and informed; here, the settlement agreement was entered into voluntarily despite allegations of duress and coercion.
• Angel v. City OF Fairfield
  793 F.2d 737· 5th Cir.· 1986-07-11 ·cited 6×
  The court held that Angel's complaint failed to state a cause of action under section 1983 because it did not allege a constitutional violation resulting from the city's failure to train election officials or from the allowance of non-resident votes.
• Hilton v. Pine Bluff Pub. Schs.
  796 F.2d 230· 8th Cir.· 1986-07-07 ·cited 6×
  The court held that the teachers' claim, based on the failure to receive notice of nonrenewal under the Arkansas Teacher Fair Dismissal Act, did not allege deprivation of a constitutionally protected property interest actionable under 42 U.S.C. § 1983.
• Taylor v. James G. Ledbetter, PH.D.
  791 F.2d 881· 11th Cir.· 1986-06-17 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court should not have dismissed the case for failure to state a claim, as the plaintiff's allegations of gross negligence could constitute deliberate indifference.
• Gargiul v. Tompkins
  790 F.2d 265· 2d Cir.· 1986-05-14 ·cited 6×
  The dissent argues that New York res judicata law does not preclude the plaintiff's section 1983 claim, and that the majority erred in considering the good-faith immunity defense.
• Nordgren v. Hafter
  789 F.2d 334· 5th Cir.· 1986-05-12 ·cited 6×
  The court held that federal courts lack subject matter jurisdiction over challenges to state court decisions in particular cases, even if alleging unconstitutionality, but do have jurisdiction over general challenges to state bar rules. The court affirmed the district court's gra
• D.A. Delahoussaye v. Seale
  788 F.2d 1091· 5th Cir.· 1986-05-02 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that the temporary suspension of a warehouse license, followed by a prompt post-deprivation hearing and other procedural safeguards, satisfied the Due Process Clause of the Fourteenth Amendment.
• Alacare v. Faye S. Baggiano
  785 F.2d 963· 11th Cir.· 1986-04-02 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that while implicit exhaustion requirements can exist for § 1983 claims, the Medicaid Act does not contain such a requirement, and exhaustion of state judicial remedies is generally not required.
• Chuck R. Patteson v. Ray A.C. Johnson
  787 F.2d 1245· 8th Cir.· 1986-04-02 ·cited 6×
  The court held that the plaintiff's First Amendment rights were violated by his termination, entitling him to equitable relief, but reversed the denial of prospective relief.
• Hill v. The Coca Cola Bottling Co. OF NEW York & John Hurley
  786 F.2d 550· 2d Cir.· 1986-03-21 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  A prior state unemployment insurance determination that an employee was terminated for misconduct does not collaterally estop the employee from pursuing a federal discrimination claim if the discrimination issue was not fully litigated in the prior proceeding.
• Esther v. Reigh and Ivery Mae Simpkins and David Michael Simpkins and Lenora C. Dannie
  784 F.2d 1191· 4th Cir.· 1986-03-04 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court should dismiss the action for want of a case or controversy under Article III of the Constitution.
• Misek v. The City OF Chicago
  783 F.2d 98· 7th Cir.· 1986-02-11 ·cited 6×
  Public employees with statutory tenure have a property interest in their jobs, entitling them to due process protections, including a hearing, before termination, even if the employer claims reorganization, unless the reorganization is actual and not pretextual.
• King v. Mitri Massarweh
  782 F.2d 825· 9th Cir.· 1986-02-11 ·cited 6×
  Parratt v. Taylor does not bar Section 1983 claims alleging direct violations of Fourth Amendment rights, even if adequate state remedies exist. However, it may bar due process claims arising from random, unauthorized deprivations if adequate post-deprivation remedies are availab
• Meeker v. Kercher
  782 F.2d 153· 10th Cir.· 1986-01-22 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  A guardian ad litem is not acting under color of state law for purposes of 42 U.S.C. § 1983, and a parent cannot represent minor children in federal court if the parent is not an attorney.
• Thernes v. City OF Lakeside Park
  779 F.2d 1187· 6th Cir.· 1986-01-06 ·cited 6×
  The court held that the ordinance's absolute prohibition of radio antennas, while permitting television antennas, is arbitrary, capricious, and violates equal protection.
• Helms v. Lowell D. Hewitt
  780 F.2d 367· 3d Cir.· 1986-01-03 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that a plaintiff can be a prevailing party under 42 U.S.C. § 1988 even without formal monetary or injunctive relief, if their lawsuit vindicates constitutional rights or acts as a catalyst for positive change.
• Russell v. Millsap
  781 F.2d 381· 5th Cir.· 1985-12-27 ·cited 6×·via § 1983 Suit
  The court held that the district court did not err in dismissing the pro se § 1983 suit as frivolous and in awarding attorneys' fees to the defendants.
• Hawkins v. Sgt. Frederick T. Poole and Sgt. Donald L. Cleiman
  779 F.2d 1267· 7th Cir.· 1985-12-16 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  Summary judgment was improperly granted because the plaintiff's pro se allegations, including those in his affidavit, raised genuine issues of material fact regarding whether his segregation constituted unconstitutional punishment.
• Schwindling v. Smith
  777 F.2d 431· 8th Cir.· 1985-11-21 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that a prisoner's due process rights are not violated by a state's administrative calculation of parole eligibility based on prior convictions, as long as a procedural avenue exists for the prisoner to challenge the accuracy of those convictions.
• Genova v. Town OF Southampton
  776 F.2d 1560· 2d Cir.· 1985-11-18 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that principles of issue preclusion, derived from the prior state court judgment, required dismissal of the appellant's federal civil rights action.
• Leber v. Smith
  773 F.2d 101· 6th Cir.· 1985-09-20 ·cited 6×
  The court held that the district court correctly granted summary judgment because the officer's actions, though resulting in injury, did not constitute a deprivation of constitutional rights under § 1983, especially given the availability of state remedies.
• Madison Cnty. Jail Inmates v. Thompson
  773 F.2d 834· 7th Cir.· 1985-09-18 ·cited 6×
  The court held that the trial court erred in entering judgment notwithstanding the verdict on damages, as there was sufficient evidence to support the jury's award.
• Guillermina Cortes Quinones and Alberto Almodovar Medina v. Nettleship
  773 F.2d 10· 1st Cir.· 1985-09-13 ·cited 6×
  The court held that the defendants' affidavits were insufficient to establish the absence of a genuine issue of material fact, and thus summary judgment was not warranted.
• Ashelman v. Hon. Gary Pope
  769 F.2d 1360· 9th Cir.· 1985-08-27 ·cited 6×
  Judicial and prosecutorial immunity do not shield officials from claims of conspiracy to deprive constitutional rights, and a prisoner is entitled to amend a complaint alleging such conspiracy before discovery.
• Harmon v. Auger
  768 F.2d 270· 8th Cir.· 1985-07-18 ·cited 6×
  The court held that inmates do not possess a constitutionally protected liberty interest in contact visitation and that the prison's no-contact visitation policy, based on drug possession, is reasonably related to legitimate penological interests. The court also affirmed the magi
• Snyder v. Kurvers
  767 F.2d 489· 8th Cir.· 1985-07-12 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the executive secretary of the Board on Judicial Standards was entitled to qualified immunity because the plaintiff's allegations did not establish a violation of clearly established constitutional rights to privacy.