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

• Dixon v. Pitchford
  843 F.2d 268· 7th Cir.· 1988-04-07 ·cited 4×
  A district court cannot grant leave to proceed on appeal without prepayment of costs for some claims in a case while denying it for others; the 'case' is the unit for such decisions.
• Hewlett v. Davis
  844 F.2d 109· 3d Cir.· 1988-04-06 ·cited 4×·via 42 U.S.C. § 1983 Violations
  The court held that monetary sanctions were appropriate for discovery violations, dismissal for failure to prosecute was justified, and post-verdict discovery was permissible, but the district court erred in remanding a motion to state court instead of hearing it.
• Percy v. SAN Francisco Gen. Hosp.
  841 F.2d 975· 9th Cir.· 1988-03-10 ·cited 4×·via 42 U.S.C. § 1983 Claim For Denial Of Due Process
  The court held that a claim for denial of due process in a Civil Service Commission hearing does not relate back to an original complaint alleging racial discrimination in termination under Title VII, as they arise from different conduct and transactions.
• RAY v. City OF Leeds
  837 F.2d 1542· 11th Cir.· 1988-02-25 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  A public employee holding a policymaking position can be discharged for political reasons, as party affiliation may be an appropriate requirement for effective performance.
• James v. Warden Alfred and Lieutenant Gilmore
  835 F.2d 605· 5th Cir.· 1988-01-14 ·cited 4×·via § 1983 Suit
  The court held that the district court did not err in dismissing the pro se § 1983 suit as frivolous under 28 U.S.C. § 1915(d).
• Giarratano v. Murray
  836 F.2d 1421· 4th Cir.· 1988-01-04 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that Virginia's provision of an adequate law library and institutional attorneys satisfies the constitutional right to meaningful access to the courts for death row inmates, and there is no constitutional right to appointed counsel for state post-conviction proceed
• Gunkel v. City OF Emporia
  835 F.2d 1302· 10th Cir.· 1987-12-29 ·cited 4×·via 42 U.S.C. § 1983 Action
  A building permit issued in violation of city ordinances or based on incorrect information confers no property right under Kansas law, and thus its revocation does not violate federal due process rights under 42 U.S.C. § 1983.
• Derks v. Dugger
  835 F.2d 778· 11th Cir.· 1987-12-18 ·cited 4×
  The court held that the appellant's premature notice of appeal was effective due to unique circumstances where the district court misled him into believing it was valid.
• Jones v. Smith
  835 F.2d 175· 8th Cir.· 1987-12-09 ·cited 4×
  A prisoner's claim for restoration of good-time credits is a habeas corpus claim requiring exhaustion of state remedies, but a claim for monetary damages under section 1983 should be stayed, not dismissed, pending exhaustion.
• Lane v. J.H. Griffin
  834 F.2d 403· 4th Cir.· 1987-12-03 ·cited 4×
  The court held that the district court erred by instructing the jury to apply a "least-restrictive alternative" standard rather than the "reasonably related to legitimate penological interests" standard for prison restrictions impacting inmate rights. The court also found that ce
• Citizen's Ass'n OF Portland v. Int'l Raceways, Inc.
  833 F.2d 760· 9th Cir.· 1987-12-01 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that plaintiffs failed to state a claim under 42 U.S.C. § 1983 for constitutional violations related to noise from a racetrack, and that neither party was entitled to attorney fees under 42 U.S.C. § 1988.
• Pressly v. H.H. Gregory
  831 F.2d 514· 4th Cir.· 1987-10-21 ·cited 4×
  The court held that magistrates are immune from suit for judicial acts and that a § 1983 claim challenging incarceration is a habeas petition requiring dismissal for lack of jurisdiction over the custodian.
• Sarus v. Benny Rotundo
  831 F.2d 397· 2d Cir.· 1987-10-15 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiffs failed to present sufficient evidence to infer an actionable municipal policy, making it error to deny the defendants' motions for directed verdicts and judgments n.o.v.
• Giancola v. State OF W. Va. Dep't OF Pub. Safety
  830 F.2d 547· 4th Cir.· 1987-10-07 ·cited 4×
  The court held that the helicopter surveillance and subsequent search of the plaintiffs' property did not violate the Fourth Amendment, and thus affirmed the district court's grant of summary judgment.
• Denke v. S.D. Dep't OF Soc. Servs.
  829 F.2d 688· 8th Cir.· 1987-09-29 ·cited 4×
  A suit against a state agency is barred by the Eleventh Amendment if no individual officer is joined, even if prospective relief is sought.
• Dautremont v. Broadlawns Hosp.
  827 F.2d 291· 8th Cir.· 1987-08-20 ·cited 4×·via 42 U.S.C. § 1983 Claim For Denial Of Due Process
  The court held that while the district court erred in applying the six-month statute of limitations, the plaintiff's claims for the first hospitalization are time-barred by the two-year statute, and claims for the second and third hospitalizations do not present a due process vio
• Sahagian v. Dickey
  827 F.2d 90· 7th Cir.· 1987-08-14 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that a state is not constitutionally required to provide legal materials for discretionary appeals, but reversed the denial of damages for denial of access at Marion, remanding for further proceedings.
• Wicker v. Bd. OF Educ. OF Knott Cnty.
  826 F.2d 442· 6th Cir.· 1987-08-14 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  A federal court plaintiff who properly reserves federal issues before state court abstention can return to federal court, even if they initially filed in state court, but state court findings on issues actually and necessarily litigated may have preclusive effect.
• Ouzts v. Sgt. D. Cummins
  825 F.2d 1276· 8th Cir.· 1987-08-13 ·cited 4×
  The court held that a prisoner's pro se complaint alleging a beating by correction officers and a warden's failure to respond to a grievance was properly dismissed.
• John R. Tambone, M.D. v. Mem'l Hosp. FOR McHENRY Cnty., Inc.
  825 F.2d 1132· 2d Cir.· 1987-07-14 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that Illinois did not actively supervise hospital peer review committees prior to 1983, thus the state action doctrine did not exempt defendants' conduct from federal antitrust laws.
• Merritt v. Faulkner
  823 F.2d 1150· 7th Cir.· 1987-07-13 ·cited 4×
  The court affirmed the appointment of counsel for a prisoner, even if the case is complex and the prisoner's claims are difficult to assess.
• Anderson v. Roberts
  823 F.2d 235· 8th Cir.· 1987-07-09 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the sheriff's discovery responses did not sufficiently demonstrate the absence of a genuine issue of material fact regarding his deliberate indifference in training and supervision, thus denying his motion for summary judgment based on qualified immunity.
• Moore v. Clarke
  821 F.2d 518· 8th Cir.· 1987-06-26 ·cited 4×
• Prince Lewis, Jr. v. E. Feliciana Parish Sch. Bd.
  820 F.2d 143· 5th Cir.· 1987-06-26 ·cited 4×
  The court held that the plaintiff's federal due process claim under 42 U.S.C. § 1983 was barred by res judicata, as it had been litigated and decided by Louisiana state courts.
• Martinez v. Curt Staudt and Darrin White
  831 F.2d 926· 10th Cir.· 1987-06-24 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the district court lacked jurisdiction to refer a prisoner's section 1983 action to a magistrate for trial without the parties' consent, absent specific statutory authorization.
• Hogan v. City OF Houston
  819 F.2d 604· 5th Cir.· 1987-06-22 ·cited 4×
  The court held that the district court properly dismissed the complaint for failure to state a claim upon which relief can be granted.
• Buckhalter v. Pepsi-Cola Gen. Bottlers, Inc.
  820 F.2d 892· 7th Cir.· 1987-05-29 ·cited 4×
  Administrative findings preclude relitigation of civil rights claims under § 1981 if the agency acted judicially, resolved disputed facts, and provided an adequate opportunity to litigate, but Title VII claims are entitled to a trial de novo.
• Hunt v. Robeson Cnty. Dep't OF Soc. Servs.
  816 F.2d 150· 4th Cir.· 1987-04-10 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that plaintiffs failed to exhaust administrative remedies under LIHEA and that LIHEA does not create enforceable rights under 42 U.S.C. § 1983.
• Donlin v. Watkins
  814 F.2d 273· 6th Cir.· 1987-03-18 ·cited 4×
  The court held that summary judgment was properly granted because the plaintiff failed to demonstrate disputed material facts regarding his constitutional claims, and the court lacked jurisdiction to review the denial of the Rule 60(b) motion due to an untimely notice of appeal.
• Brock v. The Watergate Mobile Home Park Ass'n, Inc.
  502 So. 2d 1380· Fla. 4th DCA· 1987-03-04 ·cited 4×
  Residents of a mobile home park sued their homeowners' association under 42 U.S.C. § 1983, claiming the association's actions violated their civil rights. The court affirmed dismissal, holding that the association's activities do not constitute state action because the associatio
• Emmett Dean Robinson v. The City OF Montgomery City
  809 F.2d 1355· 8th Cir.· 1987-01-27 ·cited 4×
  The court held that the plaintiff's dismissal did not deprive him of liberty or property without due process because the ordinance creating a property interest was invalid under state law and the press release was not stigmatizing enough to implicate a liberty interest.
• Brown v. Foley
  810 F.2d 55· 3d Cir.· 1987-01-26 ·cited 4×
  The court held that the rule established in Wilson v. Garcia, requiring application of state personal injury statutes of limitations to § 1983 claims, should not be applied retroactively in this case.
• Franco v. Moreland
  805 F.2d 798· 8th Cir.· 1986-11-18 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the St. Louis County Jail Directive 301 created a protectible liberty interest, and the jury instructions failed to adequately inform the jury of the procedural due process requirements for placing an inmate in administrative segregation.
• Travis v. Norris
  805 F.2d 806· 8th Cir.· 1986-11-18 ·cited 4×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the booklet 'Gorilla Law' could not be prohibited by prison officials as it did not pose a security risk or frustrate rehabilitation goals.
• Giano v. Flood
  803 F.2d 769· 2d Cir.· 1986-10-20 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  A prior judgment in a New York State Article 78 proceeding does not preclude a subsequent 42 U.S.C. § 1983 civil rights claim for damages.
• Kali v. Otis R. Bowen, M.D.
  800 F.2d 971· 9th Cir.· 1986-09-26 ·cited 4×
  The court held that federal and state regulations construing 42 U.S.C. § 602(a)(39) to apply to all eighteen-year-old parents, regardless of school attendance, exceeded the statute's scope and intent.
• Jordan v. Multnomah Cnty.
  799 F.2d 1262· 9th Cir.· 1986-09-11 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the district court abused its discretion by failing to make adequate findings to support its reduced attorney fee award and by denying a multiplier without proper justification. The denial of a multiplier was affirmed.
• Leggett v. Badger
  798 F.2d 1387· 11th Cir.· 1986-09-09 ·cited 4×·via 42 U.S.C. § 1983 Action
  The district court correctly declined to enforce a prior mandate because intervening controlling authority (Kentucky v. Graham) dictated a contrary result, falling under a narrow exception to the law of the case doctrine.
• Quincy West v. Atkins
  799 F.2d 923· 4th Cir.· 1986-09-03 ·cited 4×
  The court held that summary judgment for the doctor and prison director was premature, requiring a determination of deliberate indifference to serious medical needs before addressing the state action issue. Summary judgment for the Governor was affirmed.
• City OF Riviera Beach v. Fitzgerald
  492 So. 2d 1382· Fla. 4th DCA· 1986-08-27 ·cited 4×
  Police Lieutenant Fitzgerald sued the City of Riviera Beach and Police Chief Darden under 42 U.S.C. § 1983 for failing to promote him to captain despite being the only qualified candidate on a certified eligibility list. The court affirmed the jury verdict awarding compensatory d
• Mazanec v. N. Judson-San Pierre Sch. Corp.
  798 F.2d 230· 7th Cir.· 1986-08-12 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that the plaintiffs' claims for injunctive and declaratory relief were moot, that no wrongdoing precluded monetary awards against the school corporation and its superintendent, and that the plaintiffs were not prevailing parties entitled to attorney's fees under 42
• Eling v. Jones
  797 F.2d 697· 8th Cir.· 1986-08-08 ·cited 4×
  The court held that a public defender's refusal to furnish free copies of transcripts to indigent defendants does not constitute action taken "under color of state law" for purposes of a § 1983 claim.
• Stevens v. Corbell
  798 F.2d 120· 5th Cir.· 1986-08-08 ·cited 4×
  The court granted the motion for a stay pending appeal, finding that the denial of qualified immunity turned on an issue of law and was therefore immediately appealable.
• D.C. and M.S. v. The City OF ST. Louis
  795 F.2d 652· 8th Cir.· 1986-07-09 ·cited 4×
  The court held that the 'indecent or lewd act of behavior' provision of the ordinance is unconstitutionally vague and reversed the district court's denial of nominal damages.
• Waggoner v. Mosti
  792 F.2d 595· 6th Cir.· 1986-06-12 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury's answers to special interrogatories were not irreconcilably inconsistent and affirmed the trial court's denial of a new trial. The court also affirmed the award of attorney fees.
• Dial v. Coler
  791 F.2d 78· 7th Cir.· 1986-05-15 ·cited 4×·via 42 U.S.C. § 1983 Action
  The Eleventh Amendment bars claims for notice and declaratory relief when there is no ongoing violation of federal law to enjoin, and the claims of the Vondran subclass are not ripe for review due to a lack of a concrete dispute about current state policy.
• The Dep't OF Corr. of the State of Fla. v. Hill
  490 So. 2d 118· Fla. 3d DCA· 1986-05-06 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  The Florida Department of Corrections appealed a $750,000 jury verdict for false imprisonment awarded to Jesse Hill. The court affirmed the liability finding but reversed the damages award due to misleading jury instructions that confused the jury about comparative negligence, wh
• Wilson v. Lt. Clifton Lambert and Sgt. W.F. Straughn
  789 F.2d 656· 8th Cir.· 1986-05-02 ·cited 4×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the district court's findings of fact were not clearly erroneous and affirmed the judgment awarding damages to the inmate.
• Vernon Beigay, Inc. v. Traxler
  790 F.2d 1088· 4th Cir.· 1986-04-28 ·cited 4×
  The court held that while most of South Carolina's obscenity statutes comply with Miller guidelines, sections 16-15-280(1) and (4) are unconstitutionally overbroad. The court also affirmed the dismissal of the § 1983 claim.
• Akbar v. Fairman
  788 F.2d 1273· 7th Cir.· 1986-04-22 ·cited 4×·via 42 U.S.C. § 1983 Action
  The Seventh Circuit affirmed the district court's denial of compensatory damages for procedural due process violations, finding that the underlying disciplinary actions against the inmates were justified. However, the court reversed the district court's award of expenses for the