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

• Manhattan Beach Police Officers Ass'n, Inc. v. City OF Manhattan Beach
  881 F.2d 816· 9th Cir.· 1989-08-08 ·cited 4×
  The court held that the denial of qualified immunity summary judgment was appealable, and that the plaintiffs alleged a violation of clearly established First Amendment norms.
• Temengil v. Tr. Territory OF the Pac. Islands
  881 F.2d 647· 9th Cir.· 1989-07-28 ·cited 4×
  The court held that it lacked jurisdiction to hear claims against the Trust Territory because they were essentially suits against the United States, and no waiver of sovereign immunity was found.
• Lynch v. City OF Alhambra
  880 F.2d 1122· 9th Cir.· 1989-07-26 ·cited 4×·via 42 U.S.C. § 1983 Action
  A release-dismissal agreement is enforceable if voluntarily entered into and its enforcement is in the public interest, and the district court erred by dismissing the action solely for failure to allege prosecutorial misconduct.
• Greene v. Town OF Blooming Grove
  879 F.2d 1061· 2d Cir.· 1989-07-17 ·cited 4×·via 42 U.S.C. § 1983 Claim For Deprivation Of Due Process
  The court held that the R-80 zoning classification was rationally related to legitimate state interests and affirmed its dismissal, but reversed and remanded the nonconforming use claim due to disputed material facts regarding its scope.
• Lowrance v. Pflueger
  878 F.2d 1014· 7th Cir.· 1989-07-10 ·cited 4×·via 42 U.S.C. § 1983 Action
  Law enforcement officers are entitled to qualified immunity when they have an objectively reasonable belief that probable cause exists for an arrest, even if the arrest warrant is later found defective.
• Knight v. Armontrout
  878 F.2d 1093· 8th Cir.· 1989-06-30 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that while prison regulations created a protectible liberty interest, the inmates received adequate due process and their Eighth Amendment rights were not violated by the conditions of their extended confinement.
• Wayman L. Prince v. Poulos
  876 F.2d 30· 5th Cir.· 1989-06-22 ·cited 4×·via 42 U.S.C. § 1983 Violations
  The court held that the district court did not abuse its discretion in dismissing the complaint with prejudice as a sanction for discovery abuse, and that the awards of attorney's fees and costs were proper.
• Linden W. Shipman v. Mo. Dep't OF Fam. Servs.
  877 F.2d 678· 8th Cir.· 1989-06-12 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's claims regarding the 1982 enactments were moot, he lacked standing to challenge the 1984 enactments, and he failed to establish a causal connection for attorney fees.
• Hoffmeister v. Coler
  544 So. 2d 1067· Fla. 4th DCA· 1989-06-07 ·cited 4×
  A party is considered 'prevailing' for attorney's fees under 42 U.S.C. § 1988 if they succeed on any significant issue that achieves some of the benefit sought, even if not the primary relief.
• Felipa Monreal Rodriguez v. Handy
  873 F.2d 814· 5th Cir.· 1989-05-26 ·cited 4×
  A judgment against the United States under the FTCA bars any action against the government employee whose conduct gave rise to the claim, and attorney's fees and costs against the employees must also be vacated.
• Allen v. Carroll R. Lowder
  875 F.2d 82· 4th Cir.· 1989-05-23 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that supervisory officials Johnson and Rice were entitled to qualified immunity and reversed the denial of their summary judgment motion, while Lowder was not entitled to absolute immunity and the denial of his motion was affirmed.
• Traverso v. Carleton Penn
  874 F.2d 209· 4th Cir.· 1989-05-10 ·cited 4×
  The court held that the district court's res judicata determination was erroneous because the state conviction was overturned, and that the § 1983 action should be stayed pending the outcome of a new state prosecution under abstention principles.
• Chaloux v. Vaughn Killeen
  873 F.2d 1274· 9th Cir.· 1989-05-01 ·cited 4×
  County sheriffs are not liable under 42 U.S.C. § 1983 for enforcing state garnishment statutes, as they acted ministerially without final policymaking authority.
• Jackson v. Crews
  873 F.2d 1105· 8th Cir.· 1989-05-01 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury instructions were proper, the damages and attorney fees awards were supported by the evidence, and the defendant's other claims of error lacked merit. The court affirmed the district court's judgment.
• Llewellyn Douglas Green and Julie Green v. Elcy Inman
  539 So. 2d 614· Fla. 4th DCA· 1989-03-22 ·cited 4×·via 42 U.S.C. § 1983 Liability
  Plaintiffs appealed a summary judgment dismissing their negligence and civil rights claims against the former Sheriff of Broward County following an assault by a cellmate while incarcerated. The court reversed in part, finding that while sovereign immunity bars claims regarding i
• Sullivan v. City OF Cleveland Heights
  869 F.2d 961· 6th Cir.· 1989-03-15 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court did not err in finding that the clothes-changing facilities afforded to the female hockey player were substantially equal to those provided for male players, thus affirming the dismissal of her gender discrimination suit.
• Staton v. Maries Cnty.
  868 F.2d 996· 8th Cir.· 1989-02-28 ·cited 4×
  The court affirmed the district court's judgment, finding no clear error in its determination that the alleged sexual harassment was not pervasive enough to alter employment conditions and that the plaintiff's credibility was not established.
• Robinson v. The City OF Omaha
  866 F.2d 1042· 8th Cir.· 1989-01-31 ·cited 4×
  The court held that federal courts should abstain from deciding the case pending a state court's interpretation of the relevant state statute, as this interpretation could resolve the federal constitutional question.
• Morgan v. Tice
  862 F.2d 1495· 11th Cir.· 1989-01-11 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that the trial court erred in finding the Town liable under Section 1983 as the Town Manager's actions did not constitute official policy, and that the Town Manager was not liable under Section 1983 or for defamation as his actions were not taken under color of sta
• Specht v. Jensen
  863 F.2d 700· 10th Cir.· 1988-12-19 ·cited 4×
  The court affirmed the exclusion of a press release, the order to produce expert data, and the directed verdict for the City, but reversed and remanded for a new trial based on prior en banc rulings.
• Richard O.J. Mayberry v. Walters
  862 F.2d 1040· 3d Cir.· 1988-12-16 ·cited 4×
  The court held that an attorney has standing to seek fees under § 1988 as a surrogate for the client, and fees can be awarded for services rendered before trial termination. The court also affirmed the denial of new trial motions and costs.
• Wassum v. The City OF Bellaire
  861 F.2d 453· 5th Cir.· 1988-12-12 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  A municipality's inadequate hiring policies, if not unconstitutional themselves, require proof of gross negligence or conscious indifference to public welfare to establish section 1983 liability.
• Manis v. Sterling
  862 F.2d 679· 8th Cir.· 1988-12-02 ·cited 4×
  The court held that the motion for an out-of-time appeal by two plaintiffs was denied due to untimeliness, and the dismissal of the third plaintiff's complaint was affirmed because he failed to plead conspiracy with sufficient specificity.
• Mead Reinsurance v. Granite State Ins. Co.
  865 F.2d 992· 9th Cir.· 1988-11-23 ·cited 4×
  The court held that the underlying actions constituted two occurrences for insurance coverage purposes and that 'ultimate net loss' under Mead's policy does not include attorney fees and costs.
• Beddingfield v. City OF Pulaski
  861 F.2d 968· 6th Cir.· 1988-11-18 ·cited 4×
  The court held that the City's actions, at most, constituted simple negligence and did not rise to the level of deliberate indifference or a policy of inadequate training required for a § 1983 claim.
• Sherrial T. ST. Amant v. Bernard
  859 F.2d 379· 5th Cir.· 1988-11-08 ·cited 4×
  The court held that an attorney violated Rule 11 by filing a Rehabilitation Act claim without reasonable inquiry into its factual and legal basis, and that both the Rehabilitation Act and Section 1983 claims were filed for an improper purpose, warranting sanctions.
• Heath v. Chief A.J. Brown
  858 F.2d 1092· 5th Cir.· 1988-11-01 ·cited 4×
  The court held that the district court's finding that the plaintiffs' lawsuit was a substantial factor in the abandonment of an unconstitutional policy was not clearly erroneous.
• Spears v. W.E. Johnson
  859 F.2d 853· 11th Cir.· 1988-10-19 ·cited 4×
  A prisoner's individual damages claim is not barred by a pending class action seeking injunctive relief, even if the class action addresses similar conditions.
• Ballard v. Honorable Fad Wilson
  856 F.2d 1568· 5th Cir.· 1988-10-11 ·cited 4×
  Federal courts should abstain from enjoining or issuing declaratory judgments regarding pending state criminal proceedings under the Younger doctrine, but must retain jurisdiction over claims for monetary relief that cannot be redressed in state court.
• Sattler v. Johnson
  857 F.2d 224· 4th Cir.· 1988-09-19 ·cited 4×
  The court held that the statute of limitations barred the plaintiff's claims for obstruction of justice under 42 U.S.C. § 1983, as the plaintiff had sufficient notice of the underlying conspiracy more than two years before filing suit.
• Bradley v. Colonial Mental Health & Retardation Servs. Bd.
  856 F.2d 703· 4th Cir.· 1988-09-19 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the Bradleys' due process rights were not violated because the employer's grievance procedure, established by an employee manual, provided sufficient procedural safeguards, and the Bradleys failed to demonstrate bias or an inability to confront their accusers.
• Evans v. Detlefsen
  857 F.2d 330· 6th Cir.· 1988-09-15 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in finding, as a matter of law, that the police officer lacked probable cause to arrest the plaintiff for crossing private property to avoid a traffic signal. The court reversed the jury's damage award on constitutional claims and rela
• Carey v. King
  856 F.2d 1439· 9th Cir.· 1988-09-15 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not abuse its discretion in dismissing a pro se plaintiff's action for failure to prosecute when mail was returned undeliverable and the plaintiff failed to update his address.
• Christoffersen v. Wash. State AIR Nat'l Guard
  855 F.2d 1437· 9th Cir.· 1988-08-31 ·cited 4×
  The court held that the appellants' claims challenging their nonretention in the Washington Air National Guard were non-reviewable by civilian courts due to the military non-interference doctrine and the Mindes test factors, and that the regulation under which they were discharge
• AGG v. Hon. Timothy M. Flanagan
  855 F.2d 336· 6th Cir.· 1988-08-25 ·cited 4×·via 42 U.S.C. § 1983 Action
  The dissenting judge would remand the case to the district court for consideration of claim preclusion, and would not reach the merits of the appeal.
• Simpkins v. Sandwich Cmty. Hosp.
  854 F.2d 215· 7th Cir.· 1988-08-02 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to allege a deprivation of a constitutionally protected liberty or property interest, and thus could not establish a § 1983 claim for due process violations.
• Webb v. State OF Ala.
  850 F.2d 1518· 11th Cir.· 1988-08-02 ·cited 4×
  The court held that the plaintiff's section 1983 claims were not barred by res judicata or collateral estoppel because the state court proceedings, limited by common law certiorari, did not actually litigate or provide an opportunity to litigate the due process issues.
• Holland/Blue Streak v. Barthelemy
  849 F.2d 987· 5th Cir.· 1988-07-22 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in dismissing the complaint for lack of subject-matter jurisdiction, as the complaint stated a claim arising under federal law.
• Est. OF Melvin Ritter v. Univ. OF Mich.
  851 F.2d 846· 6th Cir.· 1988-07-14 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The Board of Regents of the University of Michigan is a state agency entitled to Eleventh Amendment immunity, and it did not waive this immunity by removing the case to federal court or by failing to raise the defense earlier.
• Jackson v. Bair
  851 F.2d 714· 4th Cir.· 1988-07-13 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in granting summary judgment on the First Amendment claim because Jackson's speech concerned a matter of public concern and genuine issues of material fact remained regarding the balancing of interests and causation.
• Pitts v. Turner & Boisseau, Chartered
  850 F.2d 650· 10th Cir.· 1988-07-05 ·cited 4×·via 42 U.S.C. § 1983 Claim Elements
  The court held that the plaintiff failed to state claims under RICO, 42 U.S.C. § 1985(2), and 42 U.S.C. § 1983, and that the dismissal of pendent state claims was proper due to lack of jurisdiction.
• W.D.D., Inc. v. Thornbury Twp.
  850 F.2d 170· 3d Cir.· 1988-06-28 ·cited 4×
  The court held that the denial of a motion for summary judgment is generally not appealable unless it involves a claim of immunity, and that an equally divided court results in dismissal of the appeal.
• Walker v. Wayne Cnty.
  850 F.2d 433· 8th Cir.· 1988-06-27 ·cited 4×
  The court held that the district court did not err in denying summary judgment based on qualified immunity, even though it considered inadmissible hearsay, because the defendants submitted the evidence without objection and the underlying information was likely admissible through
• Brumfield v. Jones
  849 F.2d 152· 5th Cir.· 1988-06-24 ·cited 4×
  The court held that Arax and Sara Brumfield's claims failed to state a claim, but Jimmie Brumfield's claims presented disputed issues of material fact requiring further proceedings.
• McGRUDER v. The Phillips Cnty. Election Comm'n
  850 F.2d 406· 8th Cir.· 1988-06-24 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that the appellants failed to allege facts supporting a violation of federal voting rights under the Voting Rights Act or other federal statutes and constitutional provisions. The district court's dismissal of the complaint was affirmed.
• Cobb v. Stringer
  850 F.2d 356· 8th Cir.· 1988-06-21 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's initial EEOC charge, liberally construed, provided notice of discriminatory hiring practices that could reasonably lead to an investigation of the rehiring of a male assistant principal, and that a material issue of fact existed regarding wheth
• Gonzalez v. Pub. Health Tr.
  686 F. Supp. 898· S.D. Fla.· 1988-06-17 ·cited 4×·via Discrimination Under 42 U.S.C. § 1983
  The court held that Title VII is not the exclusive remedy for claims brought under 42 U.S.C. § 1981, and that a municipality cannot be held liable under § 1981 or § 1983 without proof of a discriminatory custom or policy.
• Simmons v. Sheriff Wayne McELVEEN
  846 F.2d 337· 5th Cir.· 1988-06-08 ·cited 4×·via 42 U.S.C. § 1983 Violations
  The court held that the defendants' conduct, while potentially negligent, did not rise to the level of a constitutional violation actionable under 42 U.S.C. § 1983.
• Graham v. Correctional Sergeant Lewinski
  848 F.2d 342· 2d Cir.· 1988-05-25 ·cited 4×
  The court held that summary judgment was improperly granted against a pro se prisoner without explicit notice of the requirements of the summary judgment rule.
• Kennedy v. Moe LeFEBVRE
  847 F.2d 482· 8th Cir.· 1988-05-25 ·cited 4×
  The court held that the denial of a motion to reargue a previously denied motion for summary judgment, based on intervening case law, is an appealable order. The court further held that the officers were not entitled to qualified immunity.