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

• Smith v. Aldingers
  999 F.2d 109· 5th Cir.· 1993-08-27 ·cited 2×·via 42 U.S.C. § 1983 Claim For Cruel And Unusual Punishment
  The court held that the district court erred in dismissing the inmate's Eighth Amendment claim as frivolous because the claim alleged a personal deprivation of constitutional rights based on psychological injury from a threat.
• Jasper v. Thalacker
  999 F.2d 353· 8th Cir.· 1993-07-19 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the use of a stun gun did not violate the Eighth Amendment because the force was applied in a good-faith effort to restore discipline, not sadistically to cause harm.
• Buckley v. Barlow
  997 F.2d 494· 8th Cir.· 1993-07-08 ·cited 2×
  The court held that the inmate's claims failed to state a constitutional violation actionable under 42 U.S.C. § 1983.
• Everett v. City of Tallahassee
  840 F. Supp. 1528· N.D. Fla.· 1993-07-02 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that the City's denial of the plaintiff's rezoning request was not arbitrary or capricious, as it was based on a consistently applied policy regarding non-residential development along Thomasville Road.
• Hall v. Lombardi
  996 F.2d 954· 8th Cir.· 1993-06-29 ·cited 2×·via § 1983 Suit
  The court held that prison officials are not entitled to qualified immunity when they arbitrarily delay an inmate's release from administrative segregation after all criteria for release have been met and approved, as this violates clearly established law.
• Czajka v. Caspari
  995 F.2d 870· 8th Cir.· 1993-06-16 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff failed to establish deliberate indifference to serious medical needs, thus affirming the grant of summary judgment.
• Morgan v. Woessner
  997 F.2d 1244· 9th Cir.· 1993-06-10 ·cited 2×·via § 1983 Suit
  The court held that the interpretation of the Supreme Court's decision in Pacific Mutual Life Ins. Co. v. Haslip regarding due process in punitive damages review is flexible and case-specific, not requiring states to adopt Alabama's exact procedures.
• Walton v. City OF Southfield
  995 F.2d 1331· 6th Cir.· 1993-06-10 ·cited 2×
  The court held that officers are entitled to qualified immunity for abandoning children and for the search of the arrestee, as no clearly established right was violated. The court reversed the denial of summary judgment on these claims.
• Reid Knutson v. Wis. AIR Nat'l Guard & Gerald D. Slack
  995 F.2d 765· 7th Cir.· 1993-06-09 ·cited 2×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that a National Guard member's claim for reinstatement under 42 U.S.C. § 1983 is nonjusticiable, as it unduly interferes with military decision-making and discipline.
• Ambus v. Granite Bd. OF Educ.
  995 F.2d 992· 10th Cir.· 1993-06-07 ·cited 2×·via § 1983 Suit
  Utah school districts are not arms of the state for Eleventh Amendment purposes and are therefore not immune from suits in federal court under 42 U.S.C. § 1983.
• Ada Sandra Kopf v. Skyrm
  993 F.2d 374· 4th Cir.· 1993-05-07 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the total exclusion of plaintiff's expert witnesses was an abuse of discretion, and that the introduction of evidence regarding the arrestee's guilt and prior drug use was improper.
• Butler v. The City OF Norman
  992 F.2d 1053· 10th Cir.· 1993-04-28 ·cited 2×·via 42 U.S.C. § 1983 Claim For Denial Of Medical Care
  The court held that genuine issues of material fact exist regarding the arresting officers' use of excessive force, precluding summary judgment based on qualified immunity for them, but that the supervisor (Chief Boyett) was entitled to qualified immunity as there was no affirmat
• GEE v. Detective James Pride
  992 F.2d 159· 8th Cir.· 1993-04-23 ·cited 2×
  The court held that the trial court did not abuse its discretion in admitting evidence of the appellant's prior convictions and in allowing certain cross-examination and closing argument remarks, as any errors were either waived, harmless, or did not rise to the level of plain er
• Ramone Ervin v. Dick Busby
  992 F.2d 147· 8th Cir.· 1993-04-22 ·cited 2×
  The court held that negligence in delaying a pretrial detainee's medication refill is insufficient to support a § 1983 claim, and a state statute without mandatory language does not create a protectable liberty interest against transfer.
• Kubany by Kubany v. Sch. Bd. of Pinellas Cnty.
  818 F. Supp. 1504· M.D. Fla.· 1993-04-13 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that claims against school officials in their official capacities were dismissed, but claims against them individually and the School Board regarding due process and equal protection could proceed. Claims related to mandatory treatment referrals and stigmatization
• Evans v. City OF Marlin
  986 F.2d 104· 5th Cir.· 1993-03-16 ·cited 2×·via 42 U.S.C. § 1983 Liability
  Summary judgment on federal claims is affirmed as no constitutional violation occurred, but summary judgment on state law claims is reversed and remanded due to genuine issues of material fact regarding the suicide affirmative defense.
• Waste Sys. Corp. v. Cnty. OF Martin
  985 F.2d 1381· 8th Cir.· 1993-02-18 ·cited 2×
  Local ordinances mandating that all compostable solid waste be delivered to a specific in-county facility violate the Commerce Clause because they discriminate against interstate commerce and serve as economic protectionist measures.
• Correa v. Fischer
  982 F.2d 931· 5th Cir.· 1993-02-11 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that a termination based on perceived disloyalty or incompatibility, without evidence of political motivation, does not violate the First Amendment, and thus summary judgment for the defendants was appropriate.
• Medigen OF Kentucky v. Pub. Serv. Comm'n OF W. Va.
  985 F.2d 164· 4th Cir.· 1993-02-05 ·cited 2×
  The court held that West Virginia's certification requirement for medical waste transporters, which restricts market entry based on existing service adequacy, unconstitutionally burdens interstate commerce under the dormant Commerce Clause. The court also affirmed the district co
• Marryshow v. Flynn
  986 F.2d 689· 4th Cir.· 1993-02-04 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that for purposes of Federal Rule of Civil Procedure 68, the "judgment finally obtained" must include pre-offer costs and attorney's fees when comparing it to the offer of judgment, and that the trial court did not abuse its discretion in allowing an amended attorn
• Heather and Amanda Black v. Ind. Area Sch. Dist.
  985 F.2d 707· 3d Cir.· 1993-01-29 ·cited 2×
  The court held that the school bus driver, bus company president, and bus company were not liable under § 1983 because they were independent contractors and not state actors. The superintendent and school district were also not liable for failing to exhibit the 'deliberate indiff
• Lafont-Rivera v. Soler-Zapata
  984 F.2d 1· 1st Cir.· 1993-01-20 ·cited 2×
  The court held that a plaintiff's § 1983 cause of action accrues when they know or have reason to know of the injury, and in this case, the injury was the defendants' definitive refusal to act on the pension form request, which occurred on June 26, 1989.
• Commonwealth OF Pa. & Guardians of Greater Pittsburgh, Inc. v. Flaherty
  983 F.2d 1267· 3d Cir.· 1993-01-20 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that the Commonwealth failed to prove intentional discrimination under the Davis standard, and therefore, permanent injunctive relief was properly denied, and the preliminary injunction was correctly dissolved.
• Kendall Glass v. Manuel Mayas, M.D.
  984 F.2d 55· 2d Cir.· 1993-01-15 ·cited 2×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the defendants were entitled to qualified immunity because their actions in involuntarily hospitalizing the plaintiff were objectively reasonable, thus not violating clearly established constitutional rights.
• Roller v. Cavanaugh
  984 F.2d 120· 4th Cir.· 1993-01-15 ·cited 2×
  A statutory amendment increasing the time between parole reconsiderations from one year to two years, when applied to prisoners whose crimes were committed before the amendment, constitutes an unconstitutional ex post facto law.
• Wildauer v. Frederick Cnty.
  993 F.2d 369· 4th Cir.· 1993-01-12 ·cited 2×·via 42 U.S.C. § 1983 Violations
  The court held that the district court did not err in denying the motion to amend the complaint or in granting summary judgment for the defendants, affirming the lower court's decision.
• Keenan v. City OF Philadelphia & Philadelphia Police Dep't & Kevin Tucker & James Gallagher & Roy Stoner & Robert Grasso & Victor Marcone & Ralph J. Teti
  983 F.2d 459· 3d Cir.· 1992-12-17 ·cited 2×
  The dissenting judge argues that punitive damages awards against municipalities, where indemnification is required, must be supported by evidence of the individual defendants' net economic worth. The judge contends that without such evidence, the punitive and deterrence purposes
• Hamm v. Dick Moore
  984 F.2d 890· 8th Cir.· 1992-12-14 ·cited 2×·via 42 U.S.C. § 1983 Action
  A terminated inmate law clerk lacks standing to assert a client's right of access to the courts when the client can perceive and address the loss of assistance themselves.
• Roesch v. Otarola
  980 F.2d 850· 2d Cir.· 1992-11-27 ·cited 2×·via 42 U.S.C. § 1983 Action
  A dismissal pursuant to Connecticut's accelerated pretrial rehabilitation program is not a termination in favor of the accused for purposes of a section 1983 suit, and such a program's disposition does not permit claims for false imprisonment or false arrest.
• Ivron Butler v. Denis Dowd
  979 F.2d 661· 8th Cir.· 1992-11-11 ·cited 2×
  The court held that a zero award for pain and suffering damages was shocking and unreasonable given the facts.
• Wishon v. Janies "Tony" Gammon
  978 F.2d 446· 8th Cir.· 1992-10-30 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not abuse its discretion in denying leave to amend the complaint and that the inmate's claims regarding inadequate recreation, unsanitary conditions, contaminated food, and denial of educational opportunities did not violate the Eighth o
• Osborn v. Ashland Cnty. Bd. OF Alcohol
  979 F.2d 1131· 6th Cir.· 1992-10-29 ·cited 2×
  The court affirmed the district court's summary judgment, holding that res judicata barred Osborn's federal due process claim because it had been fully litigated and decided in state court.
• Bobby Watts, M.D. v. John H. Burkhart, M.D.
  978 F.2d 269· 6th Cir.· 1992-10-28 ·cited 2×
  The dissent argues that qualified immunity, not absolute judicial immunity, is the appropriate standard for state medical licensing boards under Section 1983.
• Elton Houston and Robert Brown v. Partee
  978 F.2d 362· 7th Cir.· 1992-10-27 ·cited 2×·via 42 U.S.C. § 1983 Liability
  Prosecutors are not absolutely immune from suit for failing to disclose exculpatory evidence discovered after conviction and while direct appeals were pending, as this conduct falls outside the scope of their prosecutorial functions.
• Sever v. Alaska Pulp Corp.
  978 F.2d 1529· 9th Cir.· 1992-10-26 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the district court's dismissal of federal claims and summary judgment, finding no error in the dismissal of state law claims without prejudice.
• Hessel v. O'Hearn
  977 F.2d 299· 7th Cir.· 1992-10-06 ·cited 2×
  The court held that police officers did not exceed the scope of a search warrant when seizing items that were later returned, but that the de minimis doctrine does not bar a claim for the theft of a can of soda pop by one officer.
• Mahoney v. Kesery
  976 F.2d 1054· 7th Cir.· 1992-09-30 ·cited 2×
  The court held that a jury's finding of no probable cause for arrest resolves both the merits of the Fourth Amendment claim and the officer's claim of qualified immunity, and that malicious prosecution, while not a constitutional tort in itself, can be part of a broader constitut
• Marlin E. "Bill" Jones v. Rich Thompson
  974 F.2d 86· 8th Cir.· 1992-09-08 ·cited 2×
  The court held that the district court did not err in admitting evidence or refusing jury instructions, and affirmed the judgment.
• L.W. v. Grubbs
  974 F.2d 119· 9th Cir.· 1992-09-03 ·cited 2×
  The court held that a state employee can state a claim under 42 U.S.C. § 1983 for a due process violation when state actors affirmatively create a danger that leads to harm by a third party, even without a custodial relationship.
• McCAMMON v. Ind. Dep't OF Fin. Insts.
  973 F.2d 1348· 7th Cir.· 1992-09-01 ·cited 2×
  Employees dismissed from a state agency had a protectible property interest in their employment under a statute listing specific causes for dismissal, entitling them to due process.
• Pacelli v. Robert deVITO
  972 F.2d 871· 7th Cir.· 1992-08-25 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that the defendants did not violate the Constitution by continuing to detain the plaintiff because there was no evidence they knew of the writ of habeas corpus or intended to violate his rights, and state law violations are not actionable under § 1983.
• Cabrera v. Martin
  973 F.2d 735· 9th Cir.· 1992-08-21 ·cited 2×
  The court held that federal defendants did not act under color of state law and thus could not be liable for attorney's fees under 42 U.S.C. § 1988, and that the state defendant also could not be liable as plaintiffs were not prevailing parties.
• Gainor v. Rogers
  973 F.2d 1379· 8th Cir.· 1992-08-20 ·cited 2×
  The dissenting judge would grant qualified immunity on unlawful arrest and First Amendment claims and remand the excessive force claim for further consideration.
• Henderson v. Lane
  979 F.2d 466· 7th Cir.· 1992-08-13 ·cited 2×
  The court held that the plaintiff failed to demonstrate a clearly established right to more frequent showers or exercise, and thus defendants are entitled to qualified immunity on those claims. The denial of preliminary injunctive relief was also affirmed.
• Watchorn Ex Rel. Christenson v. Town of Davie
  795 F. Supp. 1112· S.D. Fla.· 1992-08-07 ·cited 2×
  A plaintiff must obtain actual relief on the merits to be considered a prevailing party for attorney's fees under Section 1988, and a zero-dollar verdict does not constitute such relief.
• Gora v. Costa
  971 F.2d 1325· 7th Cir.· 1992-08-07 ·cited 2×
  The court held that Amelia Gora had standing to bring a Section 1983 claim based on the alleged wrongful entry into her home, and that while questioning about Edmund Gora's current incarceration exceeded impeachment limits, it was admissible for other purposes and not reversible
• Rock Creek Ltd. P'ship v. State Water Res. Control Bd.
  972 F.2d 274· 9th Cir.· 1992-08-05 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in denying attorneys fees solely on the lack of a causal link to the merits decision, as the pendency of the § 1983 action itself may have served as a catalyst for the Board's non-enforcement agreement.
• Turner v. Upton Cnty.
  967 F.2d 181· 5th Cir.· 1992-08-05 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the evidence was insufficient to sustain the jury's verdict against the sheriff and county for violating the plaintiff's due process rights.
• Swofford v. Sheriff Charles F. Mandrell
  969 F.2d 547· 7th Cir.· 1992-08-04 ·cited 2×·via 42 U.S.C. § 1983 Claim For Violation Of Fourteenth Amendment Rights
  The court held that the plaintiff's pro se complaint, alleging a pretrial detainee was severely beaten and sexually assaulted in jail without intervention for eight hours, stated a claim under the Fourteenth Amendment for deliberate indifference to serious harm, and thus should n
• Coleman H. Smith v. Travis Cnty. Educ. Dist.
  968 F.2d 453· 5th Cir.· 1992-08-03 ·cited 2×
  The Tax Injunction Act bars federal district courts from entertaining claims challenging state tax systems when a plain, speedy, and efficient remedy exists in state courts.