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

• Battle v. Park Anderson
  788 F.2d 1421· 10th Cir.· 1986-04-16 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court affirmed the dismissal of most claims, finding the district court's conclusions not clearly erroneous, but vacated the dismissal and remanded the racial discrimination claim due to insufficient findings.
• Holloway v. Judge Dee Brown Walker
  784 F.2d 1294· 5th Cir.· 1986-03-19 ·cited 4×
  The court held that the trial court did not err in denying attorney's fees to the prevailing defendant because the plaintiffs' claims were not frivolous or brought in bad faith.
• Mohler v. The State OF Miss.
  782 F.2d 1291· 5th Cir.· 1986-02-18 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The Eleventh Amendment bars a federal court suit by private citizens against a state, even when seeking to compel state officials to enforce state law, absent express consent or waiver of immunity.
• Washington v. Duffy Breaux
  782 F.2d 553· 5th Cir.· 1986-02-14 ·cited 4×·via § 1983 Suit
  The court held that the appellant's section 1983 suit was properly dismissed as untimely filed because the initial filing in a state appellate court without proper service did not interrupt the statute of limitations.
• Collins v. City OF Detroit
  780 F.2d 583· 6th Cir.· 1986-01-10 ·cited 4×
  The court held that plaintiffs failed to allege a policy or custom of the city, which is required for official capacity suits under § 1983, and thus affirmed the dismissal.
• Edmond B. McKINLEY v. Baden
  777 F.2d 1017· 5th Cir.· 1985-12-05 ·cited 4×
  The court held that the trial court clearly erred in finding that the plaintiff's support of a fellow officer was a substantial or motivating factor in his dismissal, and that the record did not establish actual malice with convincing clarity for the defamation claim.
• Cervantez v. Whitfield
  776 F.2d 556· 5th Cir.· 1985-11-18 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that plaintiffs were not prevailing parties under the Equal Access to Justice Act because the settlement with the INS did not provide relief beyond what existing law already required, and thus, attorney's fees were not warranted.
• Toombs v. Co-I L. Hicks
  773 F.2d 995· 8th Cir.· 1985-09-26 ·cited 4×
  The court held that a pro se inmate's complaint, read liberally, stated a claim under the Eighth Amendment for being compelled to work beyond his physical capacity, despite the district court's dismissal.
• Delesma v. City OF Dallas & the State Fair of Tex.
  770 F.2d 1334· 5th Cir.· 1985-09-16 ·cited 4×
  The court held that the prior state court judgment against the decedent for personal injuries barred his children's subsequent federal civil rights claims arising from the same incident, due to the application of Texas's res judicata doctrine as incorporated through 42 U.S.C. § 1
• Reynolds v. Foree
  771 F.2d 1179· 8th Cir.· 1985-09-05 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that dismissing a pro se civil rights complaint due to an incarcerated plaintiff's failure to appear at a pretrial hearing is an abuse of discretion, and that indigent pro se prisoner litigants meeting certain burdens should be appointed counsel.
• Adamsons v. Wharton
  771 F.2d 41· 2d Cir.· 1985-08-21 ·cited 4×
  The court affirmed the denial of a preliminary injunction, finding the appeal frivolous and awarding double costs and attorneys' fees.
• Bonar v. Ambach
  771 F.2d 14· 2d Cir.· 1985-08-14 ·cited 4×
  Attorneys' fees under 42 U.S.C. § 1988 are not available for claims falling within the Education for All Handicapped Children Act (EHA) unless a separate due process claim independent of EHA, demonstrating irreparable harm, is established.
• Bumgarner v. Bloodworth
  768 F.2d 297· 8th Cir.· 1985-07-24 ·cited 4×
  The state appealed an order dismissing drug trafficking charges against appellees, which were based on an investigation using a confidential informant, Robert Bennett, who had an agreement for a reduced sentence.
• Mrs. Tobie Brantley v. M.F. Surles
  765 F.2d 478· 5th Cir.· 1985-07-15 ·cited 4×
  The court held that the plaintiff was fired for exercising her constitutionally protected interest in her son's education, not for legitimate, nondiscriminatory reasons, and that the board's decision was not ongoing when considering the disrespectful remark.
• Alinovi v. Worcester Sch. Comm.
  766 F.2d 660· 1st Cir.· 1985-06-28 ·cited 4×
  The dissenting judge argues that the majority incorrectly analyzed the Fourth Amendment claim, infringing on privacy and First Amendment protections for academic freedom.
• Allen v. City OF Kinloch
  763 F.2d 335· 8th Cir.· 1985-05-31 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a state tort remedy, such as replevin, satisfies due process requirements for a random and unauthorized deprivation of property, even if the deprivation was tortious.
• Johnson v. Hon. John Onion
  761 F.2d 224· 5th Cir.· 1985-05-28 ·cited 4×
  The court held that the plaintiff failed to present a case or controversy, thus affirming the dismissal of his suit.
• Collin Fearon, Jr. v. Henderson
  756 F.2d 267· 2d Cir.· 1985-02-28 ·cited 4×
  The court held that the district court, not the appellate court, has the authority to grant an extension of time to file a late notice of appeal. The mere acceptance of a late notice by the clerk is insufficient.
• Borning v. Burl Cain
  754 F.2d 1151· 5th Cir.· 1985-02-14 ·cited 4×
  The court held that the district court erred in dismissing the petition without considering the petitioner's claim of denial of meaningful access to the law library, which impacts the right to an effective direct appeal.
• Thompson v. Prince William Cnty.
  753 F.2d 363· 4th Cir.· 1985-01-31 ·cited 4×·via 42 U.S.C. § 1983 Liability
  The court held that the arrest warrant was supported by probable cause, and therefore, the plaintiff's § 1983 claim was properly dismissed.
• Janette Dyke Murr v. Stinson
  752 F.2d 233· 6th Cir.· 1985-01-14 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that admitting evidence of the Sheriff's prior felony convictions to impeach his credibility was not an abuse of discretion.
• Bushnell v. Rossetti
  750 F.2d 298· 4th Cir.· 1984-12-21 ·cited 4×·via 42 U.S.C. § 1983 Action
  Agreements releasing civil rights claims in exchange for post-conviction sentencing consideration are enforceable if voluntary, deliberate, and informed, and do not present the same public policy concerns as agreements made before conviction.
• Hughes v. Hoffman
  750 F.2d 53· 8th Cir.· 1984-12-12 ·cited 4×
  The court held that the appellant's current lawsuit was barred by res judicata because it raised claims that had already been litigated and decided on the merits in prior proceedings.
• Kitchens v. Tex. Dep't OF Human Res.
  747 F.2d 985· 5th Cir.· 1984-12-03 ·cited 4×·via 42 U.S.C. § 1983 Violations
  The Eleventh Amendment bars federal courts from exercising pendent jurisdiction over state-law claims for money damages against a state agency.
• Nicholson v. Layton
  747 F.2d 1225· 8th Cir.· 1984-11-08 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not err in admitting evidence of the appellants' prior convictions and the victim's condition, as the prejudicial effect did not outweigh the probative value.
• Doyle J. Williams v. Wyrick
  747 F.2d 1231· 8th Cir.· 1984-11-08 ·cited 4×
  The court held that prison regulations restricting an inmate's access to the law library and investigator did not violate his constitutional right of access to the courts, as they were justified by legitimate penological interests.
• Orvin C. Stanwood v. Green
  744 F.2d 714· 9th Cir.· 1984-10-05 ·cited 4×·via 42 U.S.C. § 1983 Litigation
  Attorney's fees under 42 U.S.C. § 1988 are not awardable for work done before October 19, 1976, if the underlying suit was not substantively pending on that date.
• Taylor v. Best
  746 F.2d 220· 4th Cir.· 1984-09-27 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that a prisoner's Fifth Amendment right against self-incrimination did not arise when questioned by a prison psychologist for classification purposes, and his privacy interest in his family background was outweighed by prison security and rehabilitation needs.
• Meeker v. Addison
  586 F. Supp. 216· S.D. Fla.· 1984-07-06 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that Florida has waived sovereign immunity for federal civil rights actions under 42 U.S.C. § 1983, allowing such suits against the state and its agencies, but state tort claims require exhaustion of administrative remedies.
• McCURRY v. Tesch
  738 F.2d 271· 8th Cir.· 1984-06-29 ·cited 4×·via 42 U.S.C. § 1983 Claim For Damages
  The dissenting judge believes the law enforcement officers were acting in obedience to court orders and should be afforded absolute immunity from damages liability.
• Gomes v. Fair
  738 F.2d 517· 1st Cir.· 1984-06-27 ·cited 4×
  The court held that the district court erred in granting injunctive relief because prison officials are entitled to deference in their reasonable, good-faith judgments regarding prison security and discipline, even if the interpretation of an inmate's conduct is debatable.
• Sanders v. Frisby
  736 F.2d 1230· 8th Cir.· 1984-06-12 ·cited 4×·via 42 U.S.C. § 1983 Action
  The doctrine of collateral estoppel bars relitigation of Fourth Amendment claims in a § 1983 action when those claims were actually litigated and decided in state criminal proceedings, even if the conviction was later reversed on other grounds.
• Foster v. Armontrout
  729 F.2d 583· 8th Cir.· 1984-03-16 ·cited 4×
  The Eighth Circuit affirmed the district court's dismissal, holding that Missouri's three-year statute of limitations for actions against officers is the appropriate limitations period for a 42 U.S.C. § 1983 claim against prison officials.
• Dickey v. Greene
  729 F.2d 957· 4th Cir.· 1984-03-08 ·cited 4×
  The majority's refusal to address the merits and its remand for further proceedings is improper because the parties' concessions established that the EEOC complaint was considered by the lower court.
• Snider v. Creasy
  728 F.2d 369· 6th Cir.· 1984-03-01 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the Ohio Department of Public Welfare (ODPW) cannot deem Old Age Survivors and Disability Income (OASDI) benefits paid to a representative payee as available to an Aid to Families with Dependent Children (AFDC) applicant unless the agency proves the benefits w
• Spath v. Nat'l Collegiate Athletic Ass'n
  728 F.2d 25· 1st Cir.· 1984-02-23 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the student failed to demonstrate a likelihood of success on the merits for his constitutional claims and contract claims, thus reversing the preliminary injunction.
• Blue Cross AND Blue Shield OF Michigan v. Baerwaldt
  726 F.2d 296· 6th Cir.· 1984-02-03 ·cited 4×
  The court held that the challenge to the prohibition of advertisements was moot, and the challenge to the deduction of advertisement costs was subject to abstention under Younger v. Harris due to ongoing state proceedings.
• Glosen v. Barnes
  724 F.2d 1418· 9th Cir.· 1984-02-02 ·cited 4×
  The Eleventh Amendment bars a § 1983 action seeking retroactive relief from a state, and attorney's fees under § 1988 are similarly barred when the underlying claim involves retroactive liability.
• Walter J.D. Moffett v. McCAULEY
  724 F.2d 581· 7th Cir.· 1984-01-05 ·cited 4×
  The court held that while the district court erred in excluding a prison investigation report solely on trustworthiness grounds, the error was harmless because the report's contents were unlikely to affect the jury's verdict. The court also held the report inadmissible as an admi
• Sal Galluccio v. Holmes
  724 F.2d 301· 2d Cir.· 1983-12-13 ·cited 4×
  The court held that the prolonged shackling of the plaintiff may have exceeded the scope of the search warrant, raising a question of reasonableness for the jury, but the evidence against one doctor was insufficient.
• M.P. Doran v. F.H. Houle and James W. Glosser
  721 F.2d 1182· 9th Cir.· 1983-11-18 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that veterinarians did not possess a constitutionally protected property interest in their permits to perform a specific brucellosis test, as their authority was subject to the unrestricted discretion of government officials.
• Magayanes v. T.J. Terrance
  739 F.2d 1131· 7th Cir.· 1983-09-26 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the judgment for the defendants, finding no merit in the plaintiff's challenges to the jury verdict.
• Jackson v. W.I. Hollowell
  714 F.2d 1372· 5th Cir.· 1983-09-22 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The court held that prison officials were not entitled to qualified immunity because the constitutional right to be free from inadequately screened trusty shooters was clearly established, and the officials were aware of this right. The court affirmed the jury's verdict finding i
• Schultz v. Major General Billy G. Wellman
  717 F.2d 301· 6th Cir.· 1983-09-19 ·cited 4×
  The court held that the actions of National Guard officers in discharging a member are taken under the color of state law for purposes of 42 U.S.C. § 1983, but affirmed the dismissal because the appellant failed to state a claim upon which relief could be granted.
• Beard v. A.L. Lockhart
  716 F.2d 544· 8th Cir.· 1983-09-13 ·cited 4×·via 42 U.S.C. § 1983 Claim For Denial Of Medical Care
  The court held that the district court did not err in dismissing the suit against Director Lockhart prior to trial and in granting the remaining defendants' motion for involuntary dismissal.
• Nordgren v. Mitchell
  716 F.2d 1335· 10th Cir.· 1983-09-07 ·cited 4×·via 42 U.S.C. § 1983 Action
  The Due Process Clause does not require Utah to appoint counsel for all indigent inmates in paternity proceedings, as these actions do not directly involve a potential deprivation of liberty.
• Hadden v. Howard
  713 F.2d 1003· 3d Cir.· 1983-08-11 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the Commissioner's interpretation of the regulation was inconsistent with its plain language and purpose, and that disciplining an inmate for statements made in a complaint violated due process.
• Trudeau v. Wyrick
  713 F.2d 1360· 8th Cir.· 1983-08-05 ·cited 4×·via Violation Of 42 U.S.C. § 1983
  The dissenting judge would reverse and remand, finding the jury's verdict unsupported by the instructions given and the theories submitted.
• Thompson v. L.A. Steele
  709 F.2d 381· 5th Cir.· 1983-07-11 ·cited 4×
  A state inmate's claim under 42 U.S.C. § 1983 for negligence by state officials in losing mail is barred if an adequate remedy exists under state law.
• Pienta v. Vill. OF Schaumburg
  710 F.2d 1258· 7th Cir.· 1983-06-28 ·cited 4×
  The court held that the Schaumburg Police Department's regulations confining employees on sick or injury leave to their homes were facially unconstitutional.