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

• Reather Reynolds v. J.W. Benefield
  931 F.2d 506· 8th Cir.· 1991-04-30 ·cited 4×
  The court held that the district court's finding that the City's peremptory challenges of two black potential jurors were not racially motivated was not clearly erroneous, and therefore affirmed the denial of a new trial.
• In re the Est. OF Michael Patrick Smith & Carolyn Finnell v. O'Halloran
  930 F.2d 1496· 10th Cir.· 1991-04-22 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in finding the Secretary's position substantially justified for the period before March 24, 1987, and thus plaintiffs are entitled to attorneys' fees under the EAJA for that period.
• Oliver Schs., Inc. v. Cornelius J. Foley, Ph.D.
  930 F.2d 248· 2d Cir.· 1991-04-12 ·cited 4×
  The court held that the district court erred in dismissing claims against individual defendants in their personal capacities and in denying leave to amend the complaint to clarify such claims.
• Mills v. R.J. Graves
  930 F.2d 729· 9th Cir.· 1991-04-11 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the police officer was protected by qualified immunity from the section 1983 action because his conduct in obtaining search warrants and seizing equipment was objectively reasonable, even if minor procedural errors occurred or statutory interpretation was late
• Richard E. Pfeiffer, M.D. v. Hartford Fire Ins. Co.
  929 F.2d 1484· 10th Cir.· 1991-04-05 ·cited 4×
  The court held that state attorneys are absolutely immune from liability for actions intimately associated with the judicial process, including initiating and pursuing disciplinary proceedings and plea-bargaining-like offers, but not for wrongful dissemination of information to t
• Temple OF THE Lost Sheep Inc. v. Abrams
  930 F.2d 178· 2d Cir.· 1991-04-05 ·cited 4×
  A federal plaintiff cannot avoid preclusion by reserving federal claims in state court after Younger abstention; collateral estoppel applies to issues decided in state court if there was a full and fair opportunity to litigate.
• Int'l Paper Co. v. Town OF JAY
  928 F.2d 480· 1st Cir.· 1991-03-21 ·cited 4×
  The court affirmed the dismissal of claims that a municipal environmental ordinance was preempted by the NLRA, violated due process/equal protection, or conflicted with state law, finding the ordinance was rationally related to legitimate municipal ends and did not impermissibly
• Bernardsville Quarry v. Borough of Bernardsville
  929 F.2d 927· 3d Cir.· 1991-03-08 ·cited 4×
  The court held that the district court correctly dismissed the federal complaint because the plaintiff was precluded from relitigating claims already decided in state court under New Jersey's Entire Controversy Doctrine.
• Hughes Anderson Bagley, Jr. v. CMC Real Est. Corp.
  923 F.2d 758· 9th Cir.· 1991-01-22 ·cited 4×
  The court held that Bagley's civil rights claims accrued when he first learned of the injury, not upon the completion of his habeas corpus proceedings, and that his § 1985(2) claim failed for lack of class-based animus.
• Davis v. Se. Pa. Transp. Auth. & City of Philadelphia & P/O John Doe
  924 F.2d 51· 3d Cir.· 1991-01-22 ·cited 4×·via Discrimination Under 42 U.S.C. § 1983
  The court held that a district court cannot reduce an attorney fee award solely based on proportionality to the damages recovered, but affirmed the reduction because the plaintiff achieved only limited success by not pursuing equitable relief.
• Harris v. Dugger
  757 F. Supp. 1359· S.D. Fla.· 1991-01-02 ·cited 4×·via Section 1983
  The court granted summary judgment for the defendants, finding no genuine issue of material fact regarding the plaintiff's free exercise and due process claims, and upholding the defendants' qualified immunity.
• Divers v. Dep't OF Corr.
  921 F.2d 191· 8th Cir.· 1990-12-20 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in sua sponte dismissing certain claims as legally frivolous under 28 U.S.C. § 1915(d), as they had an arguable basis in law or fact.
• Huffman v. B.J. Davis
  571 So. 2d 1371· Fla. 1st DCA· 1990-12-14 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the record did not provide sufficient evidence to grant summary judgment, as it was unclear whether the inmate violated administrative rules or was acting under orders.
• Fields v. Soloff
  920 F.2d 1114· 2d Cir.· 1990-12-11 ·cited 4×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that state officials are immune from suit under 42 U.S.C. § 1983 for actions taken in their judicial or prosecutorial capacities, even if those actions were erroneous or exceeded authority, as long as they did not act in the clear absence of all jurisdiction.
• Shaw v. Strackhouse
  920 F.2d 1135· 3d Cir.· 1990-12-06 ·cited 4×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that the professional judgment standard, not deliberate indifference, applies to claims by involuntarily institutionalized mentally retarded individuals. It reversed summary judgment on the February 15 assault claim but affirmed it on the restraint and February 3 a
• Raben-Pastal v. City OF Coconut Creek
  573 So. 2d 298· Fla.· 1990-12-06 ·cited 4×
  A municipality cannot be held liable under 42 U.S.C. § 1983 for a building official's refusal to withdraw a stop-work order because the official lacks final policy-making authority under state law. The building official's decisions are subject to review by the Board of Rules and
• Smith v. Galley
  919 F.2d 893· 4th Cir.· 1990-11-29 ·cited 4×·via 42 U.S.C. § 1983 Claim For Deliberate Indifference To Serious Medical Needs
  The court held that an informal appellate brief, even if filed timely and evincing intent to appeal, cannot substitute for a proper notice of appeal under Federal Rule of Appellate Procedure 3(c).
• Conti v. The City OF Fremont
  919 F.2d 1385· 9th Cir.· 1990-11-28 ·cited 4×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that the plaintiff lacked standing to assert the constitutional rights of former patrons and that the city's refusal to amend the permit survived rational basis scrutiny and did not constitute a taking.
• Blair-Bey v. Crispus C. NIX
  919 F.2d 1338· 8th Cir.· 1990-11-28 ·cited 4×
  A stay order under Offet v. Solem is appealable as a collateral order, and state remedies must be exhausted even if the loss of good time credits will not shorten a life sentence without commutation.
• Hernandez v. Denton
  919 F.2d 573· 9th Cir.· 1990-11-21 ·cited 4×·via 42 U.S.C. § 1983 Violations
• Hopkins v. Stice
  916 F.2d 1029· 5th Cir.· 1990-11-08 ·cited 4×
• Collins v. The City OF Harker Heights
  916 F.2d 284· 5th Cir.· 1990-11-02 ·cited 4×·via 42 U.S.C. § 1983 Action
  A § 1983 action against a municipality for an employee's death requires an abuse of governmental power, not merely negligence or failure to train, especially in an employer-employee context.
• Charity Armstead v. Coler
  914 F.2d 1464· 11th Cir.· 1990-10-15 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the Eleventh Amendment does not bar prospective relief for mentally retarded individuals discharged or transferred from a state institution during litigation, as the relief is tied to ensuring appropriate placement rather than compensating for past wrongs.
• Dieckhoff v. Severson
  915 F.2d 1145· 7th Cir.· 1990-10-15 ·cited 4×
  The court held that alleged election irregularities, including technical violations of notice and timing requirements, did not rise to the level of constitutional claims cognizable under 42 U.S.C. § 1983 because they did not involve willful conduct undermining the election's orga
• Plumer v. State OF Md.
  915 F.2d 927· 4th Cir.· 1990-10-05 ·cited 4×
  The Court held that while the Parratt doctrine did not bar the plaintiff's claim, the state's license revocation procedures satisfied due process requirements.
• Wallace v. Robinson
  914 F.2d 869· 7th Cir.· 1990-09-26 ·cited 4×·via 42 U.S.C. § 1983 Action
• Diversified Numismatics, Inc. v. City of Orlando
  783 F. Supp. 1337· M.D. Fla.· 1990-09-06 ·cited 4×
  The court held that the amended Orlando precious metals ordinance is constitutional and that the plaintiffs lack standing to challenge it, granting summary judgment for the defendants.
• Higbee v. City OF SAN Diego
  911 F.2d 377· 9th Cir.· 1990-08-24 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the arrests and subsequent transportation of plaintiffs to jail were authorized by California law and did not violate the Fourth and Fourteenth Amendments.
• Branson v. City OF LOS Angeles
  912 F.2d 334· 9th Cir.· 1990-08-23 ·cited 4×
  The court held that it lacked appellate jurisdiction to review the district court's dismissal order and denial of a Rule 59(e) motion because these orders were not immediately appealable under the collateral order doctrine, the Gillespie doctrine, or as final judgments.
• Charles Koen & Assocs. v. City OF Cairo & Allen Moss
  909 F.2d 992· 7th Cir.· 1990-08-03 ·cited 4×
  Federal courts must give state court judgments the same preclusive effect as they have in the state's own courts, barring claims that were or could have been litigated.
• Harrison v. Dahm
  911 F.2d 37· 8th Cir.· 1990-07-26 ·cited 4×
  The court held that prison officials were entitled to qualified immunity because the law was not clearly established that their actions violated an inmate's due process rights, and affirmed the dismissal of the inmate's section 1983 action.
• Hernandez v. Maxwell
  905 F.2d 94· 5th Cir.· 1990-07-10 ·cited 4×
  The court held that a pro se plaintiff's allegations of intentional appropriation of cash during an illegal search stated a claim for violation of constitutional rights under 42 U.S.C. § 1983, and the existence of a postdeprivation remedy did not preclude the claim.
• Patrick v. The City OF Detroit
  906 F.2d 1108· 6th Cir.· 1990-06-28 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that while the district court erred in limiting cross-examination on the extent of injuries, this error was relevant only to damages, not liability, and thus a new trial is required solely on the amount of compensatory damages.
• Penny Saver Publ'ns v. Vill. OF Hazel Crest
  905 F.2d 150· 7th Cir.· 1990-06-14 ·cited 4×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the village ordinance was unconstitutionally vague as applied to potential advertisers in newspapers of general circulation, and that Penny Saver had standing to seek damages for lost revenues.
• Mikeska v. Collins
  900 F.2d 833· 5th Cir.· 1990-05-11 ·cited 4×
  The dissenting judge would hold that the failure of three litigants to sign the notice of appeal, or have it signed by a qualified representative, is a jurisdictional defect under Rule 3(c), requiring dismissal of their appeal.
• Plyler v. Parker Evatt
  902 F.2d 273· 4th Cir.· 1990-05-07 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court affirmed the district court's award of attorneys' fees, finding no clear error in the hourly rates set and upholding the award for post-decree litigation that was inextricably intermingled with the original claims.
• Liscio v. Warren
  901 F.2d 274· 2d Cir.· 1990-04-12 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that a factual dispute existed regarding whether the defendant physician's conduct constituted deliberate indifference to a pretrial detainee's serious medical needs, precluding summary judgment.
• Bailey v. Wictzack
  735 F. Supp. 1016· M.D. Fla.· 1990-04-03 ·cited 4×
  The court adopted the magistrate's recommendation to dismiss claims against defendants Rouse, Perrin, and Heinrich for failure to state a claim, but denied dismissal for defendant Allyn.
• Guidry v. Broussard
  897 F.2d 181· 5th Cir.· 1990-03-27 ·cited 4×
  The court held that summary judgment for the school board should be affirmed because there was no official policy sufficient to impose liability for any constitutional wrong, and any claim against the counselor was barred by qualified immunity.
• Bigford v. Taylor
  896 F.2d 972· 5th Cir.· 1990-03-23 ·cited 4×
  Deputy Spoor is entitled to qualified immunity from civil liability for the unlawful seizure of Bigford's truck because a reasonable officer in his position could have believed the seizure was lawful.
• Krug v. Vince Imbordino
  896 F.2d 395· 9th Cir.· 1990-02-15 ·cited 4×
  The court held that Krug's claims are barred by the statute of limitations or are meritless, and affirmed the district court's grant of summary judgment.
• Gregory v. Nunn
  895 F.2d 413· 7th Cir.· 1990-02-12 ·cited 4×
  The court held that a prisoner's allegations of lost legal documents, necessary for his defense and access to courts, sufficiently stated a claim for a constitutional deprivation under § 1983 to survive a motion to dismiss.
• HAY v. The City OF Irving
  893 F.2d 796· 5th Cir.· 1990-02-08 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that while the jury's excessive force findings were supported by evidence, the conspiracy claim was improperly submitted, and damages for constitutional deprivation were impermissible.
• Dorman v. Dist. OF Columbia
  888 F.2d 159· D.C. Cir.· 1989-10-27 ·cited 4×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the evidence presented was insufficient to justify submitting the case to the jury, as the District's training policies did not amount to deliberate indifference to the rights of persons in custody.
• Radich v. Goode
  886 F.2d 1391· 3d Cir.· 1989-10-06 ·cited 4×
  The court held that the appellants adequately preserved their objection that summary judgment was entered prematurely, but agreed with the majority that the district court's judgment should be affirmed on the merits.
• Edwards v. Johnston Cnty. Health Dep't
  885 F.2d 1215· 4th Cir.· 1989-09-20 ·cited 4×
  The court held that the issuance of permits for substandard migrant housing did not violate substantive or procedural due process rights, nor did it violate the Fair Housing Act due to a lack of discriminatory intent or disparate impact.
• Benavides v. Santos
  883 F.2d 385· 5th Cir.· 1989-09-18 ·cited 4×
  The court held that the plaintiffs, as jail detention officers injured by inmates, do not have a 42 U.S.C. § 1983 claim against government officials for failure to prevent the escape, as this does not violate the Due Process Clause.
• Miller v. Emery Leathers
  885 F.2d 151· 4th Cir.· 1989-09-12 ·cited 4×
  The dissenting judge believes a genuine issue of material fact exists regarding the use of force, precluding summary judgment.
• Pool v. Mo. Dep't OF Corr. & Human Res.
  883 F.2d 640· 8th Cir.· 1989-08-28 ·cited 4×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that the district court erred in dismissing the inmate's claim for inadequate staffing and protection under Count 1 as barred by res judicata, mootness, or frivolousness, and reversed the dismissal as to defendant Moore.
• Marks v. City OF Chesapeake
  883 F.2d 308· 4th Cir.· 1989-08-24 ·cited 4×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  The court held that the City Council's denial of a conditional use permit based on public religious objections, rather than legitimate zoning concerns, was arbitrary and capricious, violating due process.