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

• Scher v. Engelke
  943 F.2d 921· 8th Cir.· 1991-09-11 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that retaliatory cell searches and conduct violations can constitute an Eighth Amendment violation, even without physical pain, and that the prison guard was not entitled to qualified immunity.
• Campbell v. City OF Champaign
  940 F.2d 1111· 7th Cir.· 1991-08-23 ·cited 2×
  An employee handbook does not create a Fourteenth Amendment property interest in continued employment if it does not clearly promise job security and the governing ordinance states employment is at-will.
• Martin and Victoria Simescu v. Emmet Cnty. Dep't OF Soc. Servs.
  942 F.2d 372· 6th Cir.· 1991-08-19 ·cited 2×
  The court held that the private non-profit corporation was not acting under color of state law for purposes of a § 1983 claim, and its actions did not constitute gross negligence.
• Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg'l Planning Agency
  938 F.2d 153· 9th Cir.· 1991-07-08 ·cited 2×
  The court held that claims for damages arising from a temporary taking are not mooted by subsequent regulatory changes and that certain claims were ripe for review, reversing in part and affirming in part the lower court's decisions.
• Schuldt v. Mankato Indep. Sch.
  937 F.2d 1357· 8th Cir.· 1991-07-05 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that a school district's procedural violations do not mandate a specific remedy if the child is otherwise receiving a free appropriate public education in the least restrictive environment. The court also affirmed that cost can be a factor in placement decisions un
• Plott v. Griffiths
  938 F.2d 164· 10th Cir.· 1991-07-01 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that a plaintiff who prevails on a state statutory claim, which is factually related to a substantial federal constitutional claim, is entitled to attorney's fees under 42 U.S.C. § 1988, even if the constitutional claim is not decided.
• Arthuro Q. Bermudez v. Duenas
  936 F.2d 1064· 9th Cir.· 1991-06-18 ·cited 2×
  The Guam parole statute creates a liberty interest protected by due process, requiring reversal of the dismissal of the due process claim. Other claims were properly dismissed.
• Miltier v. Downes
  935 F.2d 660· 4th Cir.· 1991-06-11 ·cited 2×
  The court vacated the Rule 11 sanctions and remanded for reconsideration, finding the district court did not adequately assess counsel's conduct from an ex ante perspective and failed to consider the least severe sanction adequate to serve Rule 11's purposes.
• Chowaniec v. Arlington Park Race Track
  934 F.2d 128· 7th Cir.· 1991-06-07 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the Supreme Court's decision in Kay v. Ehrler, which prohibits pro se attorneys from recovering fees under section 1988, applies retroactively and governs the appeal, and that the defendants' failure to cross-appeal prevents challenging the initial fee award.
• Cuban Museum of Arts & Culture, Inc. v. City of Miami
  766 F. Supp. 1121· S.D. Fla.· 1991-05-21 ·cited 2×
  The court held that the City of Miami's decision to deny the Cuban Museum continued possession of its leased premises was substantially motivated by the Museum's exercise of its First Amendment rights in exhibiting controversial art, and thus the City's actions were unconstitutio
• Tekkno Labs., Inc. v. Perales
  933 F.2d 1093· 2d Cir.· 1991-05-20 ·cited 2×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  The court held that the Eleventh Amendment bars suits seeking to tap the state treasury for past wrongs or due process claims involving property interests, absent a waiver of immunity.
• Wayland v. The City OF Springdale
  933 F.2d 668· 8th Cir.· 1991-05-17 ·cited 2×
  The court held that a factual dispute existed regarding the necessity of the delay in the arrestee's arraignment, precluding summary judgment on the Gerstein claim, but affirmed summary judgment on the Fourteenth Amendment claim as the facts only supported negligence.
• Forte v. Sullivan
  935 F.2d 1· 1st Cir.· 1991-05-16 ·cited 2×
  The court held that the district court's dismissal of the plaintiff's complaint was premature and vacated the dismissal, remanding for further proceedings.
• Am. Fire v. Roxani M. Gillespie
  932 F.2d 816· 9th Cir.· 1991-05-08 ·cited 2×·via 42 U.S.C. § 1983 Action
  Qualified immunity is an affirmative defense only to damage liability and does not bar actions for declaratory or injunctive relief.
• McKEEVER v. Block
  932 F.2d 795· 9th Cir.· 1991-05-02 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the amended complaint was not frivolous and therefore the plaintiff's refusal to file a second amended complaint did not constitute an unreasonable failure to prosecute.
• Miss. Prot. & Advocacy Sys., Inc. v. Cotten
  929 F.2d 1054· 5th Cir.· 1991-04-29 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the Center's restrictive visitation policies interfered with the Mississippi Protection and Advocacy System's (MP & A) ability to effectively advocate for residents, violating the Developmental Disabilities Act, and affirmed the district court's grant of summa
• Larry v. White
  929 F.2d 206· 5th Cir.· 1991-04-24 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiffs failed to demonstrate a genuine issue of material fact regarding racial discrimination in their dental licensing examinations, thus affirming the grant of summary judgment.
• Gaines v. Davis
  928 F.2d 705· 5th Cir.· 1991-04-15 ·cited 2×
  The court held that an order delaying a ruling on qualified immunity until after depositions, without limiting the scope of those depositions, is overly broad and immediately appealable.
• Davies v. Grossmont Union High Sch. Dist.
  930 F.2d 1390· 9th Cir.· 1991-04-08 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  A settlement agreement provision barring a party from seeking or holding elective office is void as against public policy, as the public interest in the right to vote and elect representatives outweighs the interest in enforcing such a private agreement.
• Caldwell v. LeFAVER
  928 F.2d 331· 9th Cir.· 1991-03-20 ·cited 2×·via 42 U.S.C. § 1983 Action
  The social workers' conduct is shielded by qualified immunity because they did not violate clearly established constitutional or statutory rights of the parent.
• Sassower v. Carlson
  930 F.2d 583· 8th Cir.· 1991-03-15 ·cited 2×
  The court held that the district court correctly dismissed the appellant's frivolous actions and properly enjoined him from filing further civil actions without court leave.
• Lynwood A. Croft v. Harder
  927 F.2d 1163· 10th Cir.· 1991-03-13 ·cited 2×
  The court held that the Eleventh Amendment bars the section 1983 suit against the hospital and defendants in their official capacities, and qualified immunity shields individual defendants.
• Fitzgerald v. Sgt. M.E. Patrick
  927 F.2d 1037· 8th Cir.· 1991-03-08 ·cited 2×
  The court held that law enforcement officers were justified in using deadly force under the circumstances, and thus were entitled to qualified immunity.
• Vaughan v. Grijalva
  927 F.2d 476· 9th Cir.· 1991-03-01 ·cited 2×
  The court held that the district court erred in dismissing the prisoners' claims based on the statute of limitations without sufficient evidence of when the prisoners knew or reasonably should have known of their right to bring the action.
• Moore v. Long
  924 F.2d 586· 5th Cir.· 1991-02-28 ·cited 2×
  The court held that the amended complaint adding a new defendant did not relate back to the original complaint because the new defendant did not receive timely notice within the limitations period.
• Brogsdale v. Barry
  926 F.2d 1184· D.C. Cir.· 1991-02-26 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  Officials are protected by qualified immunity and cannot be held personally liable for inmate injuries resulting from prison overcrowding and a riot, as the constitutional law was not sufficiently clear in 1983.
• Adams v. Lindsey
  759 F. Supp. 795· S.D. Fla.· 1991-02-14 ·cited 2×
  The court held that it was clearly established in May 1985 that intentionally ramming a fleeing suspect's car at high speed constitutes an unreasonable seizure under the Fourth Amendment, thus denying defendants qualified immunity.
• Gray v. Detective Spillman
  925 F.2d 90· 4th Cir.· 1991-02-07 ·cited 2×·via 42 U.S.C. § 1983 Action
  Serious physical injury is not an essential element of a 42 U.S.C. § 1983 claim when the allegation is being beaten or threatened during custodial interrogation. Summary judgment for the officers is reversed because the plaintiff's testimony creates a genuine issue of material fa
• Dean v. City OF Worcester
  924 F.2d 364· 1st Cir.· 1991-01-23 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officers' use of force was objectively reasonable under the Fourth Amendment and state law, and thus summary judgment for the defendants was proper.
• Carelli v. Howser
  923 F.2d 1208· 6th Cir.· 1991-01-18 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that while plaintiffs are beneficiaries of Title IV-D, the comprehensive remedial scheme provided by Congress forecloses a private right of action under 42 U.S.C. § 1983 for alleged statutory violations.
• Harris v. Evans
  920 F.2d 864· 11th Cir.· 1991-01-10 ·cited 2×
  The court held that an inmate has standing to challenge a Department of Corrections policy prohibiting employees from making parole recommendations directly to the parole board, and that the policy likely violates the First Amendment.
• Delbert Biddison v. City OF Chicago
  921 F.2d 724· 7th Cir.· 1991-01-09 ·cited 2×
  The court held that the plaintiff's Fifth Amendment taking claim was not ripe for adjudication because he failed to first pursue available state remedies for just compensation.
• Gegenheimer v. Raoul A. "Skip" Galan, Jr.
  920 F.2d 307· 5th Cir.· 1991-01-09 ·cited 2×·via 42 U.S.C. § 1983 Liability
  A successor clerk of court, sued in his official capacity, is liable for an intentional tort committed by his predecessor, as the liability attaches to the office, not the individual.
• Friend v. Kolodzieczak
  923 F.2d 126· 9th Cir.· 1991-01-03 ·cited 2×·via 42 U.S.C. § 1983 Action
  A prison regulation prohibiting inmates from possessing rosaries and scapulars in their cells is valid if reasonably related to legitimate penological interests.
• Martinez-Velez v. Simonet
  919 F.2d 808· 1st Cir.· 1990-11-28 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that the licensing board was justified in withholding the appellant's examination scores and license pending the resolution of a legitimate ethical investigation, as he had not yet established a clear entitlement to the license.
• Long v. Collins
  917 F.2d 3· 5th Cir.· 1990-11-13 ·cited 2×
  The court held that inmates' claims for equitable relief must be pursued through the existing Ruiz class action, and their claim for punitive damages is frivolous.
• Miles v. Metro. Dade Cnty.
  916 F.2d 1528· 11th Cir.· 1990-11-09 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that billing court costs to tenants against whom eviction actions were improperly brought is illegal. However, tenants against whom eviction actions were properly brought and who subsequently paid court costs are not entitled to relief under the Brooke Amendment an
• Town OF Lake Clarke Shores v. Page
  569 So. 2d 1256· Fla.· 1990-11-08 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The Florida Supreme Court held that state trial courts have subject matter jurisdiction over 42 U.S.C. § 1983 actions against municipalities, rejecting the town's sovereign immunity defense. Following the U.S. Supreme Court's decision in Howlett v. Rose, the court clarified that
• Ross v. Zavarella
  916 F.2d 898· 3d Cir.· 1990-10-22 ·cited 2×
  The court held that the appeal must be dismissed for want of an appealable order because the plaintiff failed to demonstrate irreparable injury or that the order could only be effectively challenged by immediate appeal.
• Elder S. Chambers v. Maher
  915 F.2d 1141· 7th Cir.· 1990-10-15 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that a reasonable jury could have found that Captain Maher acted reasonably in believing that the seized property (vinyl bag, Bible, pamphlets) was relevant to a noise pollution prosecution, thus reversing the JNOV.
• Simon & Schuster, Inc. v. Gennaro Fischetti
  916 F.2d 777· 2d Cir.· 1990-10-03 ·cited 2×
  The statute, by targeting speech based on its content, violates the First Amendment because it is not narrowly tailored to serve a compelling state interest and is not the least restrictive means of achieving its objective.
• Miyuki Murphy v. City OF Long Beach
  914 F.2d 183· 9th Cir.· 1990-09-14 ·cited 2×
  The court held that a judgment notwithstanding the verdict (JNOV) entered on grounds not raised in the party's motion for directed verdict must be reversed. However, the court affirmed the conditional grant of a new trial, finding no abuse of discretion.
• Black Ass'n OF NEW Orleans Fire Fighters (Banoff) v. The City OF NEW Orleans
  911 F.2d 1063· 5th Cir.· 1990-09-14 ·cited 2×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the appeal of the attorney's fee award was timely, but remanded the case because the district court failed to provide sufficient reasoning for the amount awarded.
• McCORD v. Maggio
  910 F.2d 1248· 5th Cir.· 1990-09-07 ·cited 2×·via 42 U.S.C. § 1983 Claim For Denial Of Medical Care
  The court held that the prisoner's claims regarding denial of due process and medical care were properly dismissed, but the claim regarding conditions of confinement requires further factual findings.
• Crooks v. Maynard
  913 F.2d 699· 9th Cir.· 1990-08-31 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that Judge Maynard is protected by absolute judicial immunity because issuing a contempt citation to enforce a judicial order constitutes a judicial act performed within his colorable jurisdiction.
• Henson v. Sgt. T.S. Falls
  912 F.2d 977· 8th Cir.· 1990-08-29 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the magistrate made improper credibility determinations and misapplied the standard for a directed verdict, thus denying the plaintiff his right to a jury trial.
• Sch. Dist. FOR the City OF Royal OAK v. Cont'l Cas. Co.
  912 F.2d 844· 6th Cir.· 1990-08-22 ·cited 2×
  Michigan public policy does not bar insurance coverage for intentional civil rights violations, and a contractual exclusion does not apply when liability exists independent of contract. However, the reasonableness of the settlement amount is a question of fact for trial.
• S. Ridge Baptist Church v. Indus. Comm'n OF Ohio
  911 F.2d 1203· 6th Cir.· 1990-08-17 ·cited 2×
  The court affirmed the district court's decision, finding no less restrictive means for workers' compensation coverage for church-related employees than Ohio has taken.
• Magula v. Broward Gen. Med. Ctr.
  742 F. Supp. 645· S.D. Fla.· 1990-08-15 ·cited 2×
  The North Broward Hospital District is not entitled to Eleventh Amendment immunity because it is sufficiently independent from the state, and therefore, the hospital's motion for summary judgment is denied.
• Marlin E. "Bill" Jones v. Gutschenritter
  909 F.2d 1208· 8th Cir.· 1990-07-31 ·cited 2×
  The court held that a jury could find that a police officer's presence and actions during a private party's disconnection of electrical service constituted state action, thus reversing the directed verdict.