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

• City OF Canton v. Maynard
  766 F.2d 236· 6th Cir.· 1985-06-28 ·cited 6×
  The court held that the district court properly dismissed the complaint because the claims were barred by res judicata, as the issues could have been raised in prior state court litigation.
• Robert "Say" McINTOSH v. Ark. Republican Party-Frank White Election Comm.
  766 F.2d 337· 8th Cir.· 1985-06-25 ·cited 6×
  The court held that the plaintiff had no First Amendment right to disrupt a private event and that the district court erred in placing the burden of proof on the plaintiff for state-law false arrest and imprisonment claims.
• Vizbaras v. Lieutenant Edward Prieber
  761 F.2d 1013· 4th Cir.· 1985-05-14 ·cited 6×
  The court held that the district court committed plain error by instructing the jury on the defense of good faith immunity and by misstating the law governing that defense, and also erred in directing a verdict on claims of unlawful entry and arrest.
• Jones v. Officer David Collier and Officer Henry Mendoza
  762 F.2d 71· 8th Cir.· 1985-05-13 ·cited 6×
  The court held that the appellant waived his objection to the admission of prior convictions by introducing them himself, and that the trial court did not err in denying a motion to recall a witness.
• Ponce v. Basketball Fed'n OF the Commonwealth OF Puerto RICO
  760 F.2d 375· 1st Cir.· 1985-05-01 ·cited 6×
  The court held that the Basketball Federation and Superior League's enforcement of eligibility rules did not constitute state action under the Fourteenth Amendment and 42 U.S.C. § 1983.
• Reese v. Sparks
  760 F.2d 64· 3d Cir.· 1985-04-29 ·cited 6×
  The court held that granting summary judgment without notice to the non-moving party and without resolving genuine issues of material fact is improper.
• The Fellowship OF Christ Church v. Thorburn
  758 F.2d 1140· 6th Cir.· 1985-04-05 ·cited 6×
  Res judicata bars relitigation of a § 1983 claim when the state court judgment was on the merits, the issues were or could have been raised in state court, and the parties are the same or in privity, and the state provided a full and fair opportunity to litigate.
• Miller v. The City OF LOS Angeles
  755 F.2d 1390· 9th Cir.· 1985-03-22 ·cited 6×
  Federal courts lack jurisdiction to hear a section 1983 action challenging a state tax assessment when plain, adequate, and complete state remedies are available.
• Whitson v. Baker
  755 F.2d 1406· 11th Cir.· 1985-03-22 ·cited 6×
  The Alabama Supreme Court held that the tolling statute, Ala. Code § 6-2-8, does not apply to a prisoner who was a pretrial detainee when the cause of action accrued, even if later convicted and sentenced to a term less than life.
• LeSAVAGE v. White
  755 F.2d 814· 11th Cir.· 1985-03-20 ·cited 6×
  The court held that deputy Carpenter was entitled to qualified immunity on the § 1983 claims regarding Bernard's arrest and Audrey's Baker Act commitment, and that the malicious prosecution claim against the Whites should not have been tried. The common law battery claim against
• Werle v. R.I. BAR Ass'n
  755 F.2d 195· 1st Cir.· 1985-02-25 ·cited 6×
  The court held that even if the appellees were state actors, they were entitled to absolute or qualified immunity from damages liability under 42 U.S.C. § 1983 for their actions in investigating and sending a cease and desist letter regarding the unauthorized practice of law.
• Partridge v. TWO Unknown Police Officers OF the City OF Houston
  751 F.2d 1448· 5th Cir.· 1985-02-04 ·cited 6×
  The court held that the complaint failed to state a claim for deliberate indifference to a prisoner's serious medical needs, as the alleged facts did not demonstrate a strong likelihood of suicide.
• Gussie Davis v. Mansfield Metro. Hous. Auth.
  751 F.2d 180· 6th Cir.· 1984-12-28 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that while procedural due process rights were violated by the housing authority's denial of hearings, the required hearings for initial applicants and program participants were less extensive than ordered by the trial court, and damages for mental suffering were no
• Matias Maestas v. Bd. OF Educ. OF the Mora Indep. Sch. Dist.
  749 F.2d 591· 10th Cir.· 1984-11-21 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the school boards and districts are arms of the state and thus immune from suit under the Eleventh Amendment.
• Henderson Duval Houghton v. Carroll V. South
  743 F.2d 1438· 9th Cir.· 1984-10-02 ·cited 6×
  The court held that the dismissal of the claim regarding restraints imposed on the appellant was erroneous and must be reversed and remanded for further proceedings, while other claims were properly dismissed.
• Milligan v. The City OF Newport News
  743 F.2d 227· 4th Cir.· 1984-09-19 ·cited 6×
  A municipality cannot be held liable under 42 U.S.C. § 1983 for the negligent acts of its employees unless those acts were taken pursuant to an official policy, practice, or custom of the municipality.
• Goodwin v. The Cir. Court OF ST. Louis Cnty.
  741 F.2d 1087· 8th Cir.· 1984-08-23 ·cited 6×
• Winnie Marchant v. City OF Little Rock
  741 F.2d 201· 8th Cir.· 1984-08-21 ·cited 6×
• Baker v. Detective Colin McCOY
  739 F.2d 381· 8th Cir.· 1984-07-24 ·cited 6×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the district court correctly applied collateral estoppel to preclude litigation of pre-confession beatings and did not err in directing a verdict for the Board of Police Commissioners due to lack of evidence of a pattern of misconduct.
• Joseph v. ST. Charles Parish Sch. Bd.
  736 F.2d 1036· 5th Cir.· 1984-07-19 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that a delay in a tenured teacher's due process hearing does not violate constitutional rights if the delay is caused by the teacher or if the teacher suffers no prejudice from the delay.
• Dick v. Watonwan Cnty.
  738 F.2d 939· 8th Cir.· 1984-07-11 ·cited 6×·via 42 U.S.C. § 1983 Claim For Deprivation Of Liberty Without Due Process
  The court held that a broad delegation of discretion to individual employees to exercise their judgment does not constitute an official policy sufficient to establish municipal liability under 42 U.S.C. § 1983.
• Tyler v. Black
  744 F.2d 610· 8th Cir.· 1984-07-06 ·cited 6×
  The court held that the district court did not abuse its discretion or rely on an erroneous legal premise in denying the inmates' motion for preliminary injunctive relief.
• Hitt v. COX
  737 F.2d 421· 4th Cir.· 1984-06-21 ·cited 6×·via 42 U.S.C. § 1983 Liability
  The court held that the retroactive cancellation of insurance coverage was voidable due to mutual mistake, and the insured's failure to provide prompt written notice was excused. The conditional portion of the settlement was deemed unreasonable.
• Gen. Camera Corp. v. Urban Dev. Corp.
  734 F.2d 468· 2d Cir.· 1984-05-08 ·cited 6×·via 42 U.S.C. § 1983 Action
  Prevailing defendants under 42 U.S.C. § 1988 are entitled to attorney's fees only when the plaintiff's action is objectively frivolous, vexatious, or brought in bad faith.
• Sullivan v. Carignan
  733 F.2d 8· 1st Cir.· 1984-04-27 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the plaintiff's due process rights were not violated by the Board's denial of his CPA license renewal without a formal hearing.
• Campbell v. Shearer
  732 F.2d 531· 6th Cir.· 1984-04-24 ·cited 6×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  A plaintiff must plead and prove that available state remedies are inadequate or systemically defective to state a claim for constitutional deprivation of property under 42 U.S.C. § 1983.
• Shyamala Rajender v. The Univ. OF Minn. & the Regents of the Univ. of Minn.
  730 F.2d 1110· 8th Cir.· 1984-03-26 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  Modification of a consent decree requires a clear showing of grievous wrong evoked by new and unforeseen conditions, not merely a bad bargain or foreseeable difficulties.
• Arlette Baer v. Meyer
  728 F.2d 471· 10th Cir.· 1984-03-01 ·cited 6×
  The court held that Colorado election law, as interpreted by the Colorado Supreme Court, requires the state to provide name protection for political organizations that have fielded candidates by petition and to allow supporters of such organizations to designate their affiliation
• Robert and Mary Yaris v. Special Sch. Dist. OF ST. Louis Cnty.
  728 F.2d 1055· 8th Cir.· 1984-02-24 ·cited 6×
  The appellate court affirmed the district court's decision, finding the injunction specific enough and that the plaintiffs received all requested relief.
• A.V. Martin v. Unified Sch. Dist. NO. 434
  728 F.2d 453· 10th Cir.· 1984-02-24 ·cited 6×·via 42 U.S.C. § 1983 Action
  A school principal without tenure does not have a constitutionally protected property interest in continued employment based solely on a series of one-year contracts, nor was a liberty interest impaired by the non-renewal decision.
• Kidfield Hayes, Jr. v. Lt. H.P. Thompson
  726 F.2d 1015· 4th Cir.· 1984-02-10 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  State prison regulations can create a liberty interest triggering due process protections if they use explicitly mandatory language and substantive predicates, overruling prior precedent that held otherwise.
• Douglas Court v. Hall Cnty.
  725 F.2d 1170· 8th Cir.· 1984-01-30 ·cited 6×
  The court held that a Rule 12(b)(6) motion supported by affidavits must be treated as a summary judgment motion, requiring notice and opportunity to respond, which the district court failed to provide.
• Rev. Bill McLEAN v. The Ark. Bd. OF Educ.
  723 F.2d 45· 8th Cir.· 1983-12-19 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  Specific fund-raising activities by an organization representing a prevailing civil rights plaintiff are irrelevant to the availability or amount of attorneys' fees awarded under the Civil Rights Attorney’s Fees Awards Act of 1976.
• Hart v. Dudley Walker
  720 F.2d 1443· 5th Cir.· 1983-12-16 ·cited 6×
  The court held that while the county could be liable for compensatory damages and attorney fees assessed against an official acting in his official capacity, the record was insufficient to establish that the official's actions were taken pursuant to county policy or custom, requi
• Smith v. Snow
  722 F.2d 630· 11th Cir.· 1983-12-14 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the Georgia Parole Board's unfettered discretion in clemency proceedings means no constitutional right to procedural due process or Eighth Amendment protection against arbitrary application of the death penalty at this stage.
• Preston "Harold" Daigre v. Maggio
  719 F.2d 1310· 5th Cir.· 1983-11-21 ·cited 6×
  The court held that the prisoner's constitutional rights were not violated by the disciplinary punishment or the conditions of his administrative and punitive lockdown.
• John v. Norris
  718 F.2d 1116· D.C. Cir.· 1983-10-04 ·cited 6×
  The court held that a pro se plaintiff's complaint should not have been dismissed as frivolous without adequate consideration, especially when it substantially overlaps with prior litigation.
• Wendell P. Engelstad, M.D. v. Va. Mun. Hosp. & Va. Hosp. Comm'n
  718 F.2d 262· 8th Cir.· 1983-09-29 ·cited 6×
  A hospital director's position, based on an oral contract terminable at will, does not create a protectible property interest for due process purposes. Termination of such a directorship does not constitute a reduction or termination of staff privileges unless the privileges them
• Ass'n OF Orange Cnty. Deputy Sheriffs v. Gates
  716 F.2d 733· 9th Cir.· 1983-09-23 ·cited 6×
  The court held that California Penal Code sections 12031(b)(1) and 12027 do not create a constitutionally protected entitlement to carry concealed weapons for retired deputy sheriffs, and the denial of such privilege does not implicate liberty interests.
• Kensell v. State OF Okla.
  716 F.2d 1350· 10th Cir.· 1983-09-13 ·cited 6×
  The court held that the plaintiff failed to state a claim for a federal constitutional violation by alleging that his employer's failure to prohibit smoking in the workplace violated his rights.
• V.L. Cross v. Howell K. Lucius
  713 F.2d 153· 5th Cir.· 1983-09-02 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that the civil rights statutes at issue do not create a right of action against successors-in-title to a deceased wrongdoer.
• Triplett v. Leflore Cnty.
  712 F.2d 444· 10th Cir.· 1983-07-18 ·cited 6×
  The court held that the district court abused its discretion by implicitly denying leave to amend the complaint without a justifying reason.
• Eakins v. Amos Reed
  710 F.2d 184· 4th Cir.· 1983-06-24 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that while Hinton was properly joined as a defendant, the procedure used violated his due process rights, requiring a new trial.
• Thompson v. Bd. OF Educ. OF the Romeo Cmty. Schs.
  709 F.2d 1200· 6th Cir.· 1983-06-23 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that a defendant class cannot be certified under Rule 23(b)(2) when the defendants are numerous independent entities with varying policies, and that a plaintiff class lacks standing to sue defendants against whom they have no direct cause of action.
• Gordon v. Warren Consol. Bd. OF Educ.
  706 F.2d 778· 6th Cir.· 1983-05-20 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that allegations of a subjective chilling of First Amendment rights due to a covert police operation, without specific present objective harm or threat of future harm, do not constitute a justiciable controversy.
• Devernon LE Grand v. Evan
  702 F.2d 415· 2d Cir.· 1983-03-14 ·cited 6×
  The court held that the dismissal of the complaint against the State of New York and the City of New York was proper, but the dismissal against the clerk Evan was erroneous and the motion to amend should have been granted.
• Adams v. McDOUGAL
  695 F.2d 104· 5th Cir.· 1983-01-10 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that a deputy sheriff's status as an appointee does not preclude a claim under 42 U.S.C. § 1981 for racial discrimination in employment, and that the trial court erred in not applying the proper legal standards to the rehiring claim.
• Bailey M. Smith v. The City OF Okla. City
  696 F.2d 784· 10th Cir.· 1983-01-05 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that an arrest warrant based on computer data showing current vehicle ownership, without confirming ownership at the time of the parking violations, violates the Fourth Amendment's probable cause requirement.
• Salinas v. Chief Harold Breier
  695 F.2d 1073· 7th Cir.· 1982-12-22 ·cited 6×
  The concurring judge concurs based on the assumption of probable cause for the arrests, which would preclude a constitutional tort claim.
• Smith v. Iron Cnty.
  692 F.2d 685· 10th Cir.· 1982-10-18 ·cited 6×·via Violation Of 42 U.S.C. § 1983
  The court held that the jailer's use of mace on a pretrial detainee, under the circumstances presented, did not violate the detainee's constitutional rights.