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

• Hamilton v. O'Leary
  976 F.2d 341· 7th Cir.· 1992-09-28 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the revocation of good time credits was supported by "some evidence" as required by due process, even if the evidence was meager.
• Listenbee v. City OF Milwaukee & Milwaukee City Serv. Comm'n
  976 F.2d 348· 7th Cir.· 1992-09-28 ·cited 4×·via 42 U.S.C. § 1983 Claim For Deprivation Of Due Process
  The court held that the plaintiff's motion for an extension of time to file an appeal constituted a valid notice of appeal under Smith v. Barry. However, the court affirmed the dismissal, finding that the plaintiff did not possess a property interest in continuous employment prot
• Lucien v. Preiner
  967 F.2d 1166· 7th Cir.· 1992-07-14 ·cited 4×·via 42 U.S.C. § 1983 Liability
  Prosecutors are absolutely immune from liability under 42 U.S.C. § 1983 for statements made in executive clemency proceedings.
• Brown-El v. Delo
  969 F.2d 644· 8th Cir.· 1992-07-10 ·cited 4×·via 42 U.S.C. § 1983 Action
  A prisoner cannot be punished for a conduct violation without appropriate notice and hearing, and prison officials cannot avoid these requirements by labeling segregation as administrative. However, administrative segregation is permissible for legitimate security reasons.
• Elise Elizabeth Gordon v. C.W. Kidd
  971 F.2d 1087· 4th Cir.· 1992-07-01 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that while some defendants were entitled to qualified immunity due to lack of knowledge of suicidal tendencies, one defendant's deliberate indifference to a known suicide risk warranted denial of summary judgment. The court affirmed the denial of summary judgment f
• Farrell v. Captain Lawrence McDONOUGH
  966 F.2d 279· 7th Cir.· 1992-06-30 ·cited 4×
  The court held that the inmate's section 1983 complaint against the captain was time-barred because the amended complaint was filed outside the applicable two-year statute of limitations and did not relate back.
• Hudson v. McMillian
  962 F.2d 522· 5th Cir.· 1992-06-10 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the force used against the prisoner was unnecessary, wanton, and applied maliciously and sadistically to cause harm, violating the Eighth Amendment.
• Fiorenzo v. Nolan
  965 F.2d 348· 7th Cir.· 1992-06-04 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiffs failed to present sufficient evidence to establish that the transfers were ordered or ratified by officials with final policymaking authority, and that Chief Nolan was protected by qualified immunity.
• Lett v. Magnant
  965 F.2d 251· 7th Cir.· 1992-06-01 ·cited 4×
  The court held that the district court erred in granting summary judgment because it applied an incorrect interpretation of the Boren Amendment's reimbursement standard, effectively collapsing the post-Boren standard into the pre-Boren 'reasonable cost' standard.
• Chesterfield Dev. Corp. v. City OF Chesterfield
  963 F.2d 1102· 8th Cir.· 1992-05-07 ·cited 4×
  A violation of state law in zoning matters, even if egregious or in bad faith, does not automatically give rise to a federal substantive due process claim under 42 U.S.C. § 1983.
• Nestor Colon Medina & Sucesores, Inc. v. Patria G. Custodio
  964 F.2d 32· 1st Cir.· 1992-05-07 ·cited 4×
  The court affirmed summary judgment on most claims but reversed and remanded for further proceedings on the First Amendment claim regarding the residential site permit, finding that discovery should have been allowed.
• Swanson v. Vill. OF Lake IN THE Hills
  962 F.2d 602· 7th Cir.· 1992-04-29 ·cited 4×
  The court held that the plaintiff received constitutionally adequate due process in disciplinary actions and that summary judgment was appropriate for the invasion of privacy claim.
• White v. Taylor
  959 F.2d 539· 5th Cir.· 1992-04-29 ·cited 4×
  The dissent would not reject the jury's verdict and would hold Chief Harrell liable for intentional and illegal actions violating clearly established rights.
• Filippo v. Bongiovanni
  961 F.2d 1125· 3d Cir.· 1992-04-22 ·cited 4×
  The court held that the University's dismissal regulations, absent incorporation of the AAUP Statement on Professional Ethics, were void for vagueness and did not provide adequate notice that the charged conduct could lead to dismissal.
• Garrett v. Barnes
  961 F.2d 629· 7th Cir.· 1992-04-08 ·cited 4×
  A plaintiff must present more than speculation and innuendo to establish a prima facie case of politically motivated termination under § 1983.
• Jackson v. City OF Beaumont Police Dep't
  958 F.2d 616· 5th Cir.· 1992-04-03 ·cited 4×
  The court held that the district court erred in denying the officers' Rule 12(b)(6) motion to dismiss by improperly conflating the standards for dismissal under Rule 12(b)(6) and 28 U.S.C. § 1915(d), and that the plaintiff failed to meet the heightened pleading requirements for q
• Rogers v. Bucks Cnty. Dom. Relations Section & Albert J. Fonash
  959 F.2d 1268· 3d Cir.· 1992-03-30 ·cited 4×
  The court held that the plaintiffs had no property interest in the interest that could have been earned on intercepted child support funds, and therefore, the government's failure to pay interest did not constitute an uncompensated taking or a due process violation.
• Owens-Corning Fiberglas Corp. v. Moran
  959 F.2d 634· 7th Cir.· 1992-03-24 ·cited 4×
  A federal court should not interfere with ongoing state litigation by issuing an injunction, especially when the litigant has an adequate remedy through appeal after a final judgment.
• Barnes v. State OF Mo.
  960 F.2d 63· 8th Cir.· 1992-03-23 ·cited 4×
  The denial of the State of Missouri's motion for summary judgment based on Eleventh Amendment immunity is reversed because the state did not waive its immunity and Congress did not abrogate it for the claims presented.
• Bogan v. Stroud
  958 F.2d 180· 7th Cir.· 1992-03-18 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that defendants waived their right to appeal the jury's award of punitive damages without compensatory damages by failing to object to the jury instruction that permitted such an award.
• Apolinar "Paul" Benavides and Stella G. Benavides v. Cnty. OF Wilson & Marvin H. Baumann
  955 F.2d 968· 5th Cir.· 1992-03-05 ·cited 4×·via § 1983
  The court held that the plaintiffs failed to raise a fact issue regarding the county's deliberate indifference in hiring and training jail personnel, and that the wife's state-law claims were also insufficient.
• Brown v. Wallace
  957 F.2d 564· 8th Cir.· 1992-02-21 ·cited 4×
  The court held that the magistrate judge did not abuse discretion in denying the motion to amend the complaint and that the defendants were not personally liable for the plaintiff's alleged mistreatment.
• Campbell v. Purkett
  957 F.2d 535· 8th Cir.· 1992-02-20 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the prison's grooming regulation is reasonably related to legitimate penological interests and that the inmate lacked standing to challenge counsel appointments.
• Anthony v. Baker
  955 F.2d 1395· 10th Cir.· 1992-02-05 ·cited 4×
  The court held that the law of the case doctrine barred reargument of absolute immunity for grand jury testimony, but not for preliminary hearing testimony.
• Luckett v. Jett
  966 F.2d 209· 7th Cir.· 1992-02-04 ·cited 4×
  The court held that the district court did not err in refusing retroactive relief for claims processed under the pre-amendment IHRA, and that the amended IHRA procedures comport with due process.
• Duke v. Smith
  784 F. Supp. 865· S.D. Fla.· 1992-01-30 ·cited 4×
  The court held that the actions of the Presidential Candidate Selection Committee, despite its statutory creation, were not state actions, and thus plaintiffs failed to establish a claim under 42 U.S.C. § 1983.
• Spear v. Town OF W. Hartford
  954 F.2d 63· 2d Cir.· 1992-01-13 ·cited 4×
  Individual defendants acting in their official capacities to authorize a civil lawsuit are absolutely immune from liability under 42 U.S.C. § 1983, and a private entity does not act under color of state law merely by meeting with state actors.
• Layton v. Beyer
  953 F.2d 839· 3d Cir.· 1992-01-10 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that New Jersey Department of Corrections regulations, by using mandatory language and establishing specific substantive predicates for placing inmates in restrictive custody, created a constitutionally protected liberty interest. The court further held that the "r
• Navarro v. F.K. Barthel
  952 F.2d 331· 9th Cir.· 1991-12-27 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the reasonableness standard, not the Franks standard, applies to determine if a search warrant's description of a location was sufficiently particular under the Fourth Amendment.
• Gluth v. Kangas
  951 F.2d 1504· 9th Cir.· 1991-12-23 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the Department of Corrections policies denied inmates meaningful access to the courts, and the district court's grant of summary judgment and injunctions were proper.
• Knight v. Lombardi
  952 F.2d 177· 8th Cir.· 1991-12-10 ·cited 4×
  The court held that the seizure of inmate mail, reasonably related to penological interests and supported by legitimate security concerns, did not violate the inmate's First Amendment rights, and the procedural due process claim failed due to lack of alleged injury.
• Hullman v. Bd. OF Trs. OF Pratt Cmty. Coll.
  950 F.2d 665· 10th Cir.· 1991-12-04 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court did not abuse its discretion in dismissing free speech claims not included in the pretrial order, affirming the grant of summary judgment.
• Hoesterey v. The City OF Cathedral City
  945 F.2d 317· 9th Cir.· 1991-09-27 ·cited 4×·via 42 U.S.C. § 1983 Claim For Deprivation Of Due Process
  The court held that the statute of limitations for a claim alleging a failure to provide a pretermination hearing accrues when the employee has notice that the termination decision is final and will not be followed by further process, not merely when notified of the termination d
• Perko v. Dr. Bowers
  945 F.2d 1038· 8th Cir.· 1991-09-24 ·cited 4×·via 42 U.S.C. § 1983 Action
  The fugitive from justice rule may be selectively applied in civil cases, but dismissal is not automatic and requires consideration of individual circumstances; Perko's two-day escape did not warrant dismissal.
• Newcomb v. Ingle
  944 F.2d 1534· 10th Cir.· 1991-08-28 ·cited 4×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  Title III of the Omnibus Crime Control and Safe Streets Act does not apply to a custodial parent intercepting a minor child's telephone conversations within the family home, and a prosecutor is entitled to absolute immunity for prosecutorial decisions.
• Porter v. Deputy Martinez
  941 F.2d 732· 9th Cir.· 1991-08-12 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that dismissal is an extreme sanction requiring consideration of multiple factors, and less drastic sanctions should be imposed when a pro se litigant, who is indigent and handicapped, shows attempts to comply and obtains counsel.
• Blankenbaker v. McCOOK Pub. Power Dist.
  940 F.2d 384· 8th Cir.· 1991-08-06 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the 'discharge for cause' language in the Employee Agreement created a property interest in the employee's job, entitling him to due process.
• Ritchie v. Wickstrom
  938 F.2d 689· 6th Cir.· 1991-07-23 ·cited 4×·via 42 U.S.C. § 1983 Claim For Deliberate Indifference To Serious Medical Needs
  The court held that while the Eleventh Amendment did not bar the suit against the individual defendants, the claims failed on the merits because the alleged misconduct amounted to negligence, not a constitutional violation, and the policymaker defendant was not responsible for th
• Richards v. Bellmon
  941 F.2d 1015· 10th Cir.· 1991-07-19 ·cited 4×
  The court held that the district court erred in dismissing the complaint and that the case should be remanded for further proceedings consistent with supervening authority.
• Austin v. State Indus. Ins. Sys.
  939 F.2d 676· 9th Cir.· 1991-07-15 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the Nevada State Industrial Insurance System (SIIS) is a state agency entitled to Eleventh Amendment immunity, and therefore the plaintiff's 42 U.S.C. § 1983 action against SIIS and its General Manager sued in his official capacity was properly dismissed.
• LEE v. Vill. OF River Forest
  936 F.2d 976· 7th Cir.· 1991-07-12 ·cited 4×
  The court affirmed the district court's denial of the Rule 60(b)(6) motion and its dismissal of the second action on res judicata grounds.
• Kirk v. Davis
  936 F.2d 971· 7th Cir.· 1991-07-11 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the evidence presented a jury question as to whether the defendants had reason to suspect the plaintiff's injuries were serious immediately after arrest and at the police station.
• Harper v. LEE
  938 F.2d 104· 8th Cir.· 1991-07-01 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that a prisoner was not denied due process when the prison administration corrected an initial procedural error by granting a rehearing to admit evidence.
• Swanson v. Wallace
  937 F.2d 965· 4th Cir.· 1991-06-25 ·cited 4×
  The court held that Secretary Powers is entitled to qualified immunity because the law was not clearly established at the time she enforced North Carolina's tax statutes, and her actions were objectively reasonable.
• Howard v. City OF Burlingame
  937 F.2d 1376· 9th Cir.· 1991-06-19 ·cited 4×
  The Federal Communications Act, FCC regulations, and PRB-1 do not create individual rights enforceable under 42 U.S.C. § 1983, and a preemption victory under the Supremacy Clause does not confer such rights for attorney fee purposes.
• Schlacter-Jones v. General Telephone OF California
  936 F.2d 435· 9th Cir.· 1991-06-17 ·cited 4×
  State law claims arising from an employee's drug testing and discharge are preempted by Section 301 of the LMRA when their resolution requires interpretation of the collective bargaining agreement.
• Johnson v. Est. of Mark A. Laccheo
  935 F.2d 109· 6th Cir.· 1991-06-05 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that factual disputes prevented summary judgment on the qualified immunity issue, and the district court's decision should be affirmed.
• Smith v. Nat'l Health Care Servs. OF Peoria
  934 F.2d 95· 7th Cir.· 1991-05-23 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that sanctions under Rule 11 were improperly imposed on attorney J. Brian Heller because his arguments regarding the statute of limitations and the repleading of dismissed claims were made in good faith and had a basis in law at the time.
• Foster v. Basham
  932 F.2d 732· 8th Cir.· 1991-05-06 ·cited 4×
  The court held that while the prison's policy of denying inmates access to attorney listings from telephone directories was unconstitutional, the supervisor was entitled to qualified immunity because she reasonably believed the policy was lawful given her understanding of inmate
• Dawson v. Milwaukee Hous. Auth.
  930 F.2d 1283· 7th Cir.· 1991-05-01 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the state's failure to protect a resident from violence by another resident, even in public housing, does not violate the Fourteenth Amendment's due process clause.