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

• Welch v. Fritz
  909 F.2d 1330· 9th Cir.· 1990-07-27 ·cited 2×·via 42 U.S.C. § 1983 Action
  The appeal from the civil rights action dismissal is dismissed as untimely, and the dismissal of the habeas corpus petition is affirmed.
• Bianchi v. Bellingham Police Dep't
  909 F.2d 1316· 9th Cir.· 1990-07-26 ·cited 2×
  The court held that actual, uninterrupted incarceration is the touchstone for determining disability by incarceration under Washington's tolling provision, allowing the statute of limitations to be tolled.
• Huston v. Cranston J. Mitchell
  908 F.2d 275· 8th Cir.· 1990-07-06 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that it lacked jurisdiction over the Johnmeyer appeal due to a failure to file a separate notice of appeal, and affirmed the dismissal of the Mitchell case as moot.
• Munz v. Crispus C. NIX
  908 F.2d 267· 8th Cir.· 1990-07-05 ·cited 2×
  The court should affirm the stay and allow the district court to consider remaining issues after state exhaustion.
• Benitez v. Wolff
  907 F.2d 1293· 2d Cir.· 1990-06-28 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court erred in sua sponte dismissing the pro se complaint as frivolous because the plaintiff stated a colorable claim of due process violation.
• Duvall v. Sharp
  905 F.2d 1188· 8th Cir.· 1990-06-14 ·cited 2×
  The court held that the district court erred in granting summary judgment for the defendants on the conspiracy/retaliation claim and the unlawful arrest claims, and that the plaintiff is entitled to nominal damages.
• Sandsbury LEE v. Dugger
  902 F.2d 822· 11th Cir.· 1990-06-04 ·cited 2×
  Government officials are entitled to qualified immunity if their conduct does not violate clearly established statutory or constitutional rights. A single intermediate appellate court decision construing a statute is insufficient to establish clarity for qualified immunity purpos
• Pittman v. Gaines
  905 F.2d 199· 8th Cir.· 1990-06-04 ·cited 2×·via 42 U.S.C. § 1983 Claim For Denial Of Due Process
  The court held that the district court did not err in granting summary judgment, as the plaintiff's claim was barred by the statute of limitations and no liberty interest in parole was established by the cited statutes or regulations.
• Thomas v. City OF NEW Albany
  901 F.2d 476· 5th Cir.· 1990-05-18 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the Supreme Court's decision in Owens v. Okure should be applied to the plaintiff's case, even if viewed as a retroactivity issue, because no inequity resulted from its application.
• Vukadinovich v. McCARTHY
  901 F.2d 1439· 7th Cir.· 1990-05-14 ·cited 2×
  The court held that the plaintiff failed to present sufficient evidence to establish a Monell claim for deliberate indifference to training or inadequate investigation, and that his other claims were procedurally barred or without merit.
• Scott v. James
  902 F.2d 672· 8th Cir.· 1990-05-03 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court affirmed the district court's judgment, holding that the plaintiff failed to demonstrate sufficient prejudice from defense counsel's improper remarks or other alleged errors to warrant a new trial.
• Westborough Mall, Inc. v. City OF Cape Girardeau
  901 F.2d 1479· 8th Cir.· 1990-05-01 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court reserved judgment on the City's liability for the city manager's actions pending a determination of damages, remanding for that purpose.
• Melva Pressey v. Kendall R. Patterson
  898 F.2d 1018· 5th Cir.· 1990-04-23 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that striking the City's answer and entering a default judgment for discovery abuse was an abuse of discretion, as the misconduct did not rise to the level of bad faith or willful abuse required for such a severe sanction.
• Ryan v. Clemente
  901 F.2d 177· 1st Cir.· 1990-04-17 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the district court's imposition of Rule 11 sanctions against an attorney for filing a complaint without reasonable inquiry into its factual and legal basis.
• O'Reilly v. Cnty. Bd. OF Appeals FOR Montgomery Cnty.
  900 F.2d 789· 4th Cir.· 1990-04-13 ·cited 2×·via 42 U.S.C. § 1983 Action
  The dissenting judge believes the district court properly applied issue preclusion, barring the appellant from relitigating claims already rejected by the state court.
• N.A.A.C.P. v. Detroit Police Officers Ass'n (Dpoa)
  900 F.2d 903· 6th Cir.· 1990-04-09 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that while the district court erred in dismissing the case as moot, the plaintiffs' claims were ultimately barred by Title VII's Section 703(h) protection for bona fide seniority systems, even when brought under §§ 1981 and 1983.
• Wal-Juice BAR, Inc. v. Maher
  899 F.2d 1502· 6th Cir.· 1990-04-05 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  A federal court must have a substantial federal question to exercise pendent jurisdiction over state law claims; otherwise, the complaint should be dismissed for lack of jurisdiction.
• Fla. Paraplegic Ass'n v. Martinez
  734 F. Supp. 997· S.D. Fla.· 1990-03-30 ·cited 2×
  The court held that plaintiff has standing to sue for nominal damages and that defendants, sued in their official capacities, are not 'persons' under 42 U.S.C. § 1983, but can be sued individually if they violated clearly established constitutional rights.
• Lindsey v. Wells
  901 F.2d 96· 8th Cir.· 1990-03-05 ·cited 2×
  The court held that a claim attacking the fact or length of confinement requires exhaustion of state remedies before federal court intervention.
• Pachaly v. City OF Lynchburg
  897 F.2d 723· 4th Cir.· 1990-03-02 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that a jury could reasonably find that the search exceeded the warrant's scope and that the prosecutor may not be entitled to absolute immunity if investigating crimes beyond the indictment.
• Kerr Ctr. Parents Assoc. v. Charles
  897 F.2d 1463· 9th Cir.· 1990-02-26 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that while the state violated the EAHCA by failing to adequately fund education for handicapped children, the district court's specific relief order was too prescriptive. The court also found that exhaustion of administrative remedies was not required due to futili
• Alan J. Mishler, M.D. v. Nev. State Bd. OF Med. Exam'rs
  896 F.2d 408· 9th Cir.· 1990-02-16 ·cited 2×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  The court held that the defendants did not deprive the plaintiff of any protected interest, and therefore, no due process violation occurred.
• Khalil-Ullah Al-Muhaymin v. Jones
  895 F.2d 1147· 6th Cir.· 1990-02-15 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that venue was proper under 28 U.S.C. § 1392(a) when defendants reside in different districts within the same state, and the district court erred in dismissing the action sua sponte.
• Katz v. Morgenthau
  892 F.2d 20· 2d Cir.· 1989-12-12 ·cited 2×
  The court held that the district court erred in dismissing a 42 U.S.C. § 1983 claim alleging an illegal search and seizure violating the Fourth Amendment, but affirmed the dismissal of all other claims.
• Sanchez v. Vild
  891 F.2d 240· 9th Cir.· 1989-12-07 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that a difference of medical opinion regarding treatment does not constitute deliberate indifference to serious medical needs, and affirmed the grant of summary judgment.
• Moore v. City OF Paducah
  890 F.2d 831· 6th Cir.· 1989-11-29 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the lower court's decision, finding no direct evidence or reasonable inference of a conspiracy by the private citizen defendant.
• Harding v. Galceran
  889 F.2d 906· 9th Cir.· 1989-11-16 ·cited 2×
  The statute of limitations for a section 1983 claim against peace officers is tolled by a state statute that prevents civil actions while criminal charges are pending against the plaintiff, as the tolling provision is consistent with federal law.
• Gutierrez v. City of Hialeah
  723 F. Supp. 1494· S.D. Fla.· 1989-10-31 ·cited 2×
  The court held that plaintiffs' counsel failed to conduct a reasonable prefiling inquiry for Section 1983 and negligence claims against the City, Say, and Martinez, warranting Rule 11 sanctions.
• Taylor v. Armontrout
  894 F.2d 961· 8th Cir.· 1989-10-31 ·cited 2×
  A Missouri Department of Corrections Rule creates a liberty interest protected by the Fourteenth Amendment, requiring procedural due process for denial of visitation.
• Ross v. J.M. Jones
  888 F.2d 548· 8th Cir.· 1989-10-19 ·cited 2×
  The court held that even if a statute creates a liberty interest in a timely hearing, sufficient evidence supported the jury's finding that the inmate received a hearing within the statutory period, and prior convictions were admissible for impeachment.
• Dunwoody Homeowners Ass'n, Inc. v. DeKALB Cnty.
  887 F.2d 1455· 11th Cir.· 1989-10-13 ·cited 2×
  The court held that the plaintiffs failed to establish state action under 42 U.S.C. § 1983 because the litigation had not resulted in an immediately enforceable state court judgment, and private parties invoking state procedures are not state actors without more.
• Howell v. The Supreme Court OF Tex.
  885 F.2d 308· 5th Cir.· 1989-10-11 ·cited 2×·via 42 U.S.C. § 1983 Action
  The Fifth Circuit affirmed the district court's dismissal for lack of jurisdiction under the Rooker-Feldman doctrine and upheld the imposition of Rule 11 sanctions.
• Auto. Club OF NEW York, Inc. v. The Port Auth. OF NEW York & NEW Jersey
  887 F.2d 417· 2d Cir.· 1989-10-10 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The dissenting judge argues that the majority's decision to allow bridge tolls to subsidize PATH deficits conflicts with prior precedent and is unfair to bridge users.
• LUX v. Hansen
  886 F.2d 1064· 8th Cir.· 1989-10-10 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the defendants were protected by qualified immunity on the civil rights claim and by state statute immunity on the state law negligence claim.
• Achterhof v. Selvaggio
  886 F.2d 826· 6th Cir.· 1989-10-06 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in dismissing the section 1983 claims, as the social worker's actions in investigating child abuse and maintaining a name on the central registry were investigatory or administrative, not prosecutorial, and thus not entitled to absolut
• Bennett v. The City OF Grand Prairie
  883 F.2d 400· 5th Cir.· 1989-09-19 ·cited 2×
  The court held that probable cause existed to arrest Ms. Bennett, and even if it did not exist for Mr. Bennett, the officers and cities were immune from suit. Therefore, the district court's judgment was affirmed.
• Renfro v. Cuyahoga Cnty. Dep't OF Human Servs.
  884 F.2d 943· 6th Cir.· 1989-09-18 ·cited 2×
  The court held that the foster parents' relationship with the child did not constitute a constitutionally protected liberty interest, and thus they failed to state a claim under § 1983.
• Shoultes v. Laidlaw
  886 F.2d 114· 6th Cir.· 1989-09-18 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that a federal habeas petition must be dismissed if it contains any unexhausted claims, and that local legislators, city attorneys, and judges are shielded by absolute immunity for actions taken within their official capacities.
• Md. Pest Control Ass'n v. Montgomery Cnty.
  884 F.2d 160· 4th Cir.· 1989-09-08 ·cited 2×
  A claim of federal preemption under the Supremacy Clause is not actionable under 42 U.S.C. § 1983, and therefore cannot support a claim for attorney's fees under 42 U.S.C. § 1988.
• Page v. Valentine
  552 So. 2d 212· Fla. 4th DCA· 1989-09-06 ·cited 2×·via 42 U.S.C. § 1983 Action
  A fired municipal police officer appealed a trial court order dismissing his § 1983 civil rights action on sovereign immunity grounds. The appellate court reversed, holding that state courts have subject matter jurisdiction over § 1983 actions against municipalities.
• Fairbanks v. City of Bradenton Beach
  733 F. Supp. 1447· M.D. Fla.· 1989-09-06 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that a plaintiff must allege exhaustion of administrative remedies to state a claim under the whistle-blower statute and that at-will employees lack a property interest in continued employment for constitutional claims, but a First Amendment retaliation claim may p
• Thomas v. Ga. State Bd. OF Pardons & Paroles
  881 F.2d 1032· 11th Cir.· 1989-08-24 ·cited 2×
  A prisoner's equal protection challenge to parole procedures, alleging racial and economic discrimination, can be brought under 42 U.S.C. § 1983 without exhausting state remedies, but claims seeking release or damages for parole denial must be brought as habeas corpus petitions r
• Rochon v. La. State Penitentiary Inmate Account
  880 F.2d 845· 5th Cir.· 1989-08-18 ·cited 2×
  A prisoner does not have a vested right to use funds in his savings account beyond what state law permits.
• Nelson v. City OF Selma
  881 F.2d 836· 9th Cir.· 1989-08-11 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The denial of a rezoning application is constitutional if rationally related to legitimate government interests, even if influenced by neighborhood opposition.
• Blankenship v. Kerr Cnty.
  878 F.2d 893· 5th Cir.· 1989-08-04 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that genuine issues of material fact precluded summary judgment on the federal § 1983 claims and that the plaintiff had stated viable state law claims for negligent and intentional infliction of emotional distress and under the Texas Tort Claims Act.
• Heimberger v. The Sch. Dist. OF the City OF Saginaw
  881 F.2d 242· 6th Cir.· 1989-07-27 ·cited 2×
  The court held that the plaintiffs lacked standing because the relief sought would not redress their alleged injury, as the school district could continue to implement a policy that resulted in the same harm.
• Spann v. Tyler Indep. Sch. Dist.
  876 F.2d 437· 5th Cir.· 1989-06-29 ·cited 2×
  A municipality cannot be held liable under section 1983 for an employee's failure to properly exercise discretion granted by policy.
• Harris v. Dugger
  715 F. Supp. 364· S.D. Fla.· 1989-06-27 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that there are genuine issues of material fact regarding whether the plaintiff received constitutionally protected due process rights and that the First Amendment claim requires further factual development.
• Favors v. Coughlin
  877 F.2d 219· 2d Cir.· 1989-06-19 ·cited 2×
  The court held that the appellant waived his right to a jury trial by failing to properly serve a jury demand and affirmed the district court's dismissal.
• Miller v. Dick I. Taylor
  877 F.2d 469· 6th Cir.· 1989-06-09 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury instructions on the reasonableness of deadly force and the burden of proof for self-defense were not erroneous.