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

• Sorlucco v. NEW York City Police Dep't
  971 F.2d 864· 2d Cir.· 1992-07-28 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that the jury's verdict for the plaintiff on her § 1983 claim was supported by sufficient evidence of a pattern or practice of gender discrimination within the NYPD, and that the plaintiff's Title VII claim should also succeed.
• Weaver v. The Univ. OF Cincinnati
  970 F.2d 1523· 6th Cir.· 1992-07-23 ·cited 2×
  The court held that the district court did not abuse its discretion in denying class certification because the plaintiffs' motivations were unclear and potentially divergent from other class members. The court also addressed the validity of fair share fee procedures and the indem
• John L. v. Adams
  969 F.2d 228· 6th Cir.· 1992-07-17 ·cited 2×·via 42 U.S.C. § 1983 Action
  Incarcerated juveniles possess a constitutional right of access to the courts, which necessitates state provision of attorney access for claims related to their incarceration and constitutional rights, but not for purely state law matters.
• Carr v. Aubuchon
  969 F.2d 714· 8th Cir.· 1992-07-15 ·cited 2×
  The statute of limitations for the plaintiff's § 1983 claim expired because the five-year period began in 1978 and was not tolled by concealment or fugitive status under Missouri law.
• Gwynedd Props., Inc. v. Lower Gwynedd Twp.
  970 F.2d 1195· 3d Cir.· 1992-07-15 ·cited 2×
  The court held that federal adjudication of most of GPI's claims would not interfere with ongoing state proceedings, thus reversing the district court's dismissal on Younger abstention grounds for those claims.
• Anastausia Sepulveda v. Ramirez
  967 F.2d 1413· 9th Cir.· 1992-06-26 ·cited 2×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that a genuine issue of material fact exists regarding whether Officer Ludwig violated Sepulveda's clearly established constitutional right to bodily privacy, thus denying him qualified immunity.
• Conn v. CSO Borjorquez
  967 F.2d 1418· 9th Cir.· 1992-06-26 ·cited 2×
  The court held that the district court abused its discretion by imposing Rule 11 sanctions on defense counsel, vacating the order.
• Lolling v. Patterson
  966 F.2d 230· 7th Cir.· 1992-06-22 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that Deputy Lolling's due process claims were barred because his suspension was a random and unauthorized act for which the state provided adequate post-deprivation remedies, and his retaliation claim was barred by res judicata as he had a full and fair opportunity
• Russ v. Uppah
  972 F.2d 300· 10th Cir.· 1992-06-19 ·cited 2×·via 42 U.S.C. § 1983 Action
  Parole board members are entitled to absolute immunity for actions taken in their official duties, but parole officers are entitled only to qualified immunity for such actions.
• Shea v. Smith
  966 F.2d 127· 3d Cir.· 1992-06-11 ·cited 2×
  Government officials are entitled to qualified immunity when their warrantless search, though not based on a warrant, is reasonably conducted to investigate potential probation violations and does not violate clearly established constitutional rights.
• Enlow v. Tishomingo Cnty.
  962 F.2d 501· 5th Cir.· 1992-06-08 ·cited 2×
  The court held that the district court did not err in denying Officer Wall's motion for summary judgment based on qualified or absolute immunity, as material fact questions remained regarding the alleged constitutional violations and state tort claims.
• DeNIEVA v. Reyes
  966 F.2d 480· 9th Cir.· 1992-06-05 ·cited 2×
  The court held that the Commonwealth of the Northern Mariana Islands (CNMI) is not a 'person' under 42 U.S.C. § 1983, but its official, Reyes, can be sued in his individual capacity for violating a clearly established right to travel. The judgment against the CNMI was reversed, w
• Carroll Olson v. Hart
  965 F.2d 940· 10th Cir.· 1992-06-03 ·cited 2×
  The court held that a pro se litigant's complaint, even if styled as a mandamus petition, could be construed as a habeas corpus petition or a Section 1983 claim for deprivation of due process rights, and thus should not have been dismissed on abstention grounds.
• Schumacher v. Robert N.C. NIX, Jr.
  965 F.2d 1262· 3d Cir.· 1992-06-03 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that Pennsylvania Bar Admission Rule 203(a)(2)(ii) does not violate the Equal Protection Clause because it is rationally related to Pennsylvania's legitimate interest in securing mutual treatment for its attorneys seeking admission to other states' bars.
• Minder v. Rigatti
  964 F.2d 1369· 3d Cir.· 1992-05-29 ·cited 2×·via Section 1983
  A district court's dismissal of a complaint for repeated and deliberate defiance of court orders is an appropriate sanction, and appellate courts must give deference to the district court's exercise of discretion.
• Sierra-Serpa v. Martinez
  966 F.2d 1· 1st Cir.· 1992-05-27 ·cited 2×
  The court certified a question of Puerto Rico law to the Supreme Court of Puerto Rico regarding whether Article 40(3) of the Code of Civil Procedure of 1933 excludes time spent imprisoned on a criminal charge from the limitations period, despite the repeal of a statute that suspe
• Cobb v. Saturn Land Co., Inc.
  966 F.2d 1334· 10th Cir.· 1992-05-22 ·cited 2×
  The court held that the ministerial filing of a lien by a county clerk does not constitute state action sufficient for a § 1983 claim, and that Oklahoma's oil and gas lien statutes provide constitutionally adequate procedural protections. The court also affirmed the denial of att
• Parrish v. Donnell Luckie
  963 F.2d 201· 8th Cir.· 1992-04-30 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that sufficient evidence supported the jury's finding of a municipal policy or custom of deliberate indifference to police misconduct, and that the admission of prior violent acts was proper to show knowledge of propensity.
• Haymons v. Williams
  795 F. Supp. 1511· M.D. Fla.· 1992-04-30 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the termination of home health care providers under the Medicaid program, which resulted in the cessation of benefits for recipients without prior notice or hearing, constituted a termination of benefits triggering procedural due process rights under the Medic
• Holt v. Caspari
  961 F.2d 1370· 8th Cir.· 1992-04-17 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that a guilty plea to criminal charges arising from the same incident moots a subsequent appeal regarding the propriety of prison disciplinary proceedings, and that the disciplinary board's decision was supported by some evidence and did not violate due process.
• Cabral v. Sullivan
  961 F.2d 998· 1st Cir.· 1992-04-17 ·cited 2×
  The court held that allowing alternate jurors to deliberate with the regular jury over counsel's objection constitutes clear error and warrants a new trial, as it violates Federal Rule of Civil Procedure 47 and Local Rule 48.1.
• Aca Murphy, Jr. v. Lancaster
  960 F.2d 746· 8th Cir.· 1992-04-03 ·cited 2×
  The court held that the district court erred in sua sponte dismissing the complaints without prejudice and without notice or an opportunity for the plaintiffs to respond.
• Duane v. Lane
  959 F.2d 673· 7th Cir.· 1992-04-01 ·cited 2×·via 42 U.S.C. § 1983 Claim For Cruel And Unusual Punishment
  The court held that the plaintiff failed to establish deliberate indifference, which is a necessary element for an Eighth Amendment claim under 42 U.S.C. § 1983.
• Whiting v. Kirk
  960 F.2d 248· 1st Cir.· 1992-03-30 ·cited 2×·via § 1983 Suit
  The dissenting judge believes the officials' actions were not objectively reasonable, despite the majority's reliance on qualified immunity.
• Flowers v. Phelps
  956 F.2d 488· 5th Cir.· 1992-03-30 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court affirmed the district court's judgment, holding that the notices of appeal were sufficient, the Eighth Amendment claim was properly assessed using the malicious intent standard, and the Eleventh Amendment did not bar the state law claim due to the intentional nature of
• Diercks v. Durham
  959 F.2d 710· 8th Cir.· 1992-03-23 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the supervisor was not entitled to qualified immunity and that the inmate's claim regarding actual damages causation was not preserved for appeal.
• Powell v. W.J. Estelle, Jr.
  959 F.2d 22· 5th Cir.· 1992-03-19 ·cited 2×
  The court held that the Texas Department of Criminal Justice's grooming code, prohibiting long hair and beards, is rationally related to legitimate penological objectives and does not violate prisoners' First Amendment rights.
• Kan. Health Care Ass'n, Inc. v. Kan. Dep't OF Soc. & Rehab. Servs.
  958 F.2d 1018· 10th Cir.· 1992-03-12 ·cited 2×
  The court held that the plaintiff associations lack associational standing because resolving their claims regarding the adequacy of Medicaid reimbursement rates and the state agency's findings requires individualized proof from their member providers.
• Heflin v. Stewart Cnty.
  958 F.2d 709· 6th Cir.· 1992-03-09 ·cited 2×
  The dissenting judge would not find a sufficient causal nexus for liability and would accord individual defendants qualified immunity.
• Acevedo-Cordero v. Cordero-Santiago
  958 F.2d 20· 1st Cir.· 1992-03-06 ·cited 2×
  The court held that the denial of summary judgment was proper because genuine disputes of material fact exist regarding whether the ordinance was legislative or administrative, thus precluding a determination of absolute legislative immunity as a matter of law.
• Gross v. Heikien
  957 F.2d 531· 8th Cir.· 1992-02-20 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that a state court's decision on constitutional claims has collateral estoppel effect in a subsequent federal § 1983 action, even if the state proceedings were required by comity considerations for federal habeas corpus.
• Pulaski Cnty. Republican Comm. v. Pulaski Cnty. Bd. OF Election Comm'rs
  956 F.2d 172· 8th Cir.· 1992-02-04 ·cited 2×
  The court held that the district court abused its discretion in awarding attorney fees and costs under Rule 11 and 42 U.S.C. § 1988 based on erroneous legal conclusions.
• Stanley Woodbridge (90-3574) v. Dahlberg
  954 F.2d 1231· 6th Cir.· 1992-01-28 ·cited 2×
  The court held that appellants failed to preserve their objection to the jury instruction on supervisory liability by not clearly raising it with the trial court, and the instruction did not constitute plain error.
• Murphy v. Kellar
  950 F.2d 290· 5th Cir.· 1992-01-10 ·cited 2×
  The court held that a pro se prisoner's § 1983 action should not be dismissed as frivolous for failure to adequately identify defendants if discovery might enable such identification.
• Haphey v. Linn Cnty.
  953 F.2d 549· 9th Cir.· 1992-01-09 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  Pursuing a remedy before a state administrative agency for an unfair labor practice does not preclude a subsequent federal court action for violation of federal constitutional rights.
• Ervan Purnell v. Lord
  952 F.2d 679· 2d Cir.· 1992-01-03 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the revocation of an inmate's correspondence privilege was reasonably related to legitimate penological interests and that no clearly established liberty interest existed for due process claims, thus affirming the lower court's decision.
• Antonino T. DiMARCO, M.D. v. Rome Hosp. & Murphy Mem'l Hosp.
  952 F.2d 661· 2d Cir.· 1992-01-02 ·cited 2×
  The court held that an appeal from a denial of qualified immunity is not permissible if the determination of immunity turns on disputed issues of fact or mixed questions of law and fact.
• Josette Weimer v. Schraeder
  952 F.2d 336· 10th Cir.· 1991-12-17 ·cited 2×
  The court held that the police officers were entitled to qualified immunity because the plaintiffs failed to show that their actions violated clearly established law or were unreasonable, and the city was not liable for failure to train.
• William D. Allen, D.D.S. v. La. State Bd. OF Dentistry
  948 F.2d 946· 5th Cir.· 1991-12-17 ·cited 2×
  The court held that the district court did not abuse its discretion in refusing to lift a previously imposed stay, even though the appellant had achieved partial success in state court, because the circumstances justifying abstention had not changed significantly.
• Kinney v. Ind. Youth Ctr.
  950 F.2d 462· 7th Cir.· 1991-12-09 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The Eighth Amendment governs a prisoner's claim of excessive force used to prevent escape, and the officer's actions in shooting the escaping inmate did not constitute cruel and unusual punishment.
• Boger v. Wayne Cnty.
  950 F.2d 316· 6th Cir.· 1991-12-02 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that a public employee's emotional distress and humiliation can constitute compensable injury for First Amendment and equal protection claims, and that First Amendment rights are not dependent on having an entitlement to a position.
• Codd v. Brown
  949 F.2d 879· 6th Cir.· 1991-11-22 ·cited 2×
  A prisoner does not have a constitutionally protected liberty interest in participating in a work-pass program when state law grants the director broad discretion to exclude categories of prisoners.
• Barket v. ST. Louis Thermal Energy Corp.
  948 F.2d 1084· 8th Cir.· 1991-11-07 ·cited 2×
  The Eleventh Amendment does not grant sovereign immunity to Bi-State Development Agency because it is structured more like a local governmental entity than an arm of the states. Therefore, Bi-State is a 'person' amenable to suit under 42 U.S.C. § 1983.
• Weaver v. Toombs
  948 F.2d 1004· 6th Cir.· 1991-11-06 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that imposing costs against indigent prisoners for non-frivolous appeals violates equal protection because it is not rationally related to a legitimate government purpose.
• Texanita Cole v. Ruidoso Mun. Schs.
  947 F.2d 903· 10th Cir.· 1991-10-29 ·cited 2×
  Government officials are entitled to qualified immunity when the plaintiff's alleged rights were not clearly established under the relevant state law at the time of the conduct.
• Nat'l Advertising Co. v. City OF Raleigh
  947 F.2d 1158· 4th Cir.· 1991-10-25 ·cited 2×
  A cause of action for a regulatory taking accrues upon the ordinance's enactment, not upon the expiration of an amortization period, and the First Amendment claims are without merit.
• Losinski v. Cnty. OF Trempealeau
  946 F.2d 544· 7th Cir.· 1991-10-24 ·cited 2×·via Section 1983
  The court held that the victim's estate could not bring a federal due process claim under § 1983 because the state did not create the danger or hold the victim in custody, and that a state law negligence claim against the deputy presented a material issue of fact regarding breach
• O'Connor v. Jones
  946 F.2d 1395· 8th Cir.· 1991-10-17 ·cited 2×
  The court held that the plaintiff lacked standing to move for disqualification of opposing counsel, and the district court erred in granting the motion.
• Leshore v. Cnty. OF Worcester
  945 F.2d 471· 1st Cir.· 1991-10-01 ·cited 2×
  The court held that the district court did not abuse its discretion in removing the default judgment against the county and that the jury instructions were not plain error.
• Livadas v. Aubry
  987 F.2d 552· 9th Cir.· 1991-09-11 ·cited 2×
  The court held that the state Labor Commissioner's policy of refusing to enforce state-law wage claims for employees covered by a collective bargaining agreement, based on a mistaken interpretation of federal preemption, impermissibly burdens employees' rights under the NLRA.