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

• In re Watts v. Pa. Hous. Fin. Co. & Robert F. Bobincheck
  876 F.2d 1090· 3d Cir.· 1989-06-05 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that suspending mortgage assistance during bankruptcy did not violate the Bankruptcy Code's anti-discrimination or automatic stay provisions, nor § 1983.
• Murray v. Wal-Mart, Inc.
  874 F.2d 555· 8th Cir.· 1989-05-11 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court affirmed the district court's judgment, holding that Wal-Mart acted under color of state law for a § 1983 claim and that sufficient evidence supported claims for malicious prosecution and intentional infliction of emotional distress.
• McDONALD v. Krajewski
  874 F.2d 454· 7th Cir.· 1989-05-05 ·cited 2×
• Benline v. City of Deland
  731 F. Supp. 464· M.D. Fla.· 1989-04-27 ·cited 2×
  Res judicata bars claims that were or could have been litigated in the second state court proceeding, and collateral estoppel bars relitigation of issues decided in the first state court proceeding.
• Calvert Ins. Co. v. W. Ins. Co.
  874 F.2d 396· 7th Cir.· 1989-04-21 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  An insurer has no duty to defend if the alleged conduct, even if reckless, falls within the policy's exclusion for expected or intended injuries.
• Native Vill. OF Noatak v. Hoffman
  872 F.2d 1384· 9th Cir.· 1989-03-30 ·cited 2×
  The court held that the federal claims presented were so insubstantial as to deprive the district court of subject matter jurisdiction.
• Moss v. The City OF Colo. Springs
  871 F.2d 112· 10th Cir.· 1989-03-28 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that the jury's verdicts were inconsistent and could not be harmonized, necessitating a remand for a new trial.
• Sisk v. Levings
  868 F.2d 159· 5th Cir.· 1989-03-21 ·cited 2×·via 42 U.S.C. § 1983 Claim For Deprivation Of Due Process
  The court held that the alleged misuse of legal process by city officials, even if malicious or intended to circumvent a prior ruling, did not rise to the level of an "egregious" constitutional deprivation actionable under 42 U.S.C. § 1983.
• Abernathy v. Perry
  869 F.2d 1146· 8th Cir.· 1989-03-15 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the prison's substantial compliance with its own policy regarding investigative status, despite some procedural irregularities, did not violate the inmate's due process rights.
• Perez v. Seevers
  869 F.2d 425· 9th Cir.· 1989-03-08 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the district court correctly dismissed the action as barred by the statute of limitations, applying Nevada's residual personal injury statute of limitations to the § 1983 claim.
• Meryl Meder v. City OF Okla. City
  869 F.2d 553· 10th Cir.· 1989-03-07 ·cited 2×
  The court held that the employee received adequate procedural due process regarding his termination, even if a property interest existed, and that his liberty interest claim also failed.
• Hanson v. Clarke Cnty.
  867 F.2d 1115· 8th Cir.· 1989-02-10 ·cited 2×
  The court held that while the case presented a live controversy due to potential damages, the plaintiff did not possess a constitutional right to placement in the least restrictive environment or optimal care, only adequate care as provided by state law.
• Smart v. Simonson
  867 F.2d 429· 7th Cir.· 1989-02-06 ·cited 2×
  The court held that the defendants were entitled to qualified immunity because their conduct did not violate clearly established constitutional rights, and therefore, the district court's grant of summary judgment was affirmed.
• Raben-Pastal v. City OF Coconut Creek
  545 So. 2d 885· Fla. 4th DCA· 1989-01-25 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  A construction company appealed a post-trial judgment setting aside a jury verdict in its federal civil rights action against a city and its building official for allegedly violating the company's constitutional rights by improperly maintaining stop-work orders. The appellate cou
• Tomlin v. McDANIEL
  865 F.2d 209· 9th Cir.· 1989-01-10 ·cited 2×·via 42 U.S.C. § 1983 Action
  A motion for relief from judgment under Fed.R.Civ.P. 60(b) cannot be used to revive a case that became final before changes in the applicable law occurred.
• Milan Knox v. Cook Cnty. Sheriff's Police Dep't & Robert Neapolitan
  866 F.2d 905· 7th Cir.· 1988-12-27 ·cited 2×
  A pro se litigant's erroneous concession regarding the statute of limitations, especially after denial of appointed counsel, should not be the basis for dismissing their claim.
• Lally v. Crawford Cnty. Tr. & Sav. Bank
  863 F.2d 612· 8th Cir.· 1988-12-22 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court properly dismissed the complaint for failure to state a claim, affirming the dismissal of § 1983, RICO, and FDCPA claims.
• Freeman v. Blair
  862 F.2d 1330· 8th Cir.· 1988-12-14 ·cited 2×
  Defendants are entitled to qualified immunity for warrantless searches but not for summary license suspension or retaliation claims.
• Cotton v. Mansour
  863 F.2d 1241· 6th Cir.· 1988-12-01 ·cited 2×
  The Eleventh Amendment bars a federal court suit seeking retroactive relief, including food stamp benefits and notice of administrative remedies, against a state official for past violations of federal law, as such relief would impose direct financial burdens on the state treasur
• Johnson v. Pinkerton Acad.
  861 F.2d 335· 1st Cir.· 1988-11-18 ·cited 2×
  The court held that the private school's actions were not state actions, despite receiving state funds and operating under a state statute, because the school was not performing a function traditionally exclusive to the state and the statute did not confer state control.
• Crystal Cunningham per next friend Robert Ruby Cunningham v. Beavers
  858 F.2d 269· 5th Cir.· 1988-10-26 ·cited 2×
  The court held that the plaintiffs failed to state a claim for deprivation of due process or equal protection rights, as state law provides adequate remedies for excessive corporal punishment.
• Elisabeth B. Crocker v. Fluvanna Cnty. (VA) Bd. OF Pub. Welf.
  859 F.2d 14· 4th Cir.· 1988-10-05 ·cited 2×
  The court held that the plaintiff received constitutionally adequate due process, including notice and an opportunity to be heard prior to her termination, and that the state grievance procedures provided sufficient post-termination remedies.
• Bemis v. Kelley
  857 F.2d 14· 1st Cir.· 1988-09-16 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the appointment of counsel or in denying motions to compel discovery, and that the property claim lacked constitutional proportion.
• Adams v. Vandemark
  855 F.2d 312· 6th Cir.· 1988-08-24 ·cited 2×
  The court held that the plaintiffs failed to demonstrate that the defendants acted under color of state law, and thus could not state a claim under 42 U.S.C. § 1983.
• Cooper v. Petray
  854 F.2d 301· 8th Cir.· 1988-08-16 ·cited 2×·via § 1983 Suit
  The court held that genuine issues of material fact exist regarding the defendants' entitlement to qualified immunity, precluding summary judgment.
• Kneeland v. Nat'l Collegiate Athletic Ass'n
  850 F.2d 224· 5th Cir.· 1988-07-26 ·cited 2×
  The court held that while funds paid by Texas public universities to the NCAA and SWC are public funds, the NCAA and SWC themselves are not governmental bodies subject to the Texas Open Records Act because they provide specific, measurable services in exchange for those funds, ra
• Patino v. State OF S.D.
  851 F.2d 1118· 8th Cir.· 1988-07-19 ·cited 2×
  The court affirmed the district court's dismissal of the § 1983 complaints, finding that the plaintiff failed to adequately identify the officers responsible for his alleged unlawful extradition and that his claim regarding presentence jail time was barred by a prior state court
• Am. Inmate Paralegal Assoc. v. Cline
  859 F.2d 59· 8th Cir.· 1988-07-11 ·cited 2×
  The court held that the district court did not abuse its discretion in dismissing the appellants' pro se complaint with prejudice for failure to comply with court orders and as a sanction under Rule 11.
• Mason v. Gen. Brown Cent. Sch. Dist.
  851 F.2d 47· 2d Cir.· 1988-06-24 ·cited 2×
  The court held that the plaintiffs' opposition to immunization was based on secular, scientific beliefs rather than sincerely held religious beliefs, and therefore they were not entitled to a religious exemption under New York law.
• Mitchell v. Mills Cnty.
  847 F.2d 486· 8th Cir.· 1988-05-26 ·cited 2×
  The court held that the plaintiffs failed to present sufficient evidence to create a genuine issue of material fact regarding whether county officials intentionally deprived them of their property without due process of law.
• Bergman v. United States
  844 F.2d 353· 6th Cir.· 1988-04-18 ·cited 2×
  The court held that the plaintiffs were not entitled to attorneys' fees under the EAJA, either through 42 U.S.C. § 1988 or common law principles, because they did not prevail on any civil rights claims against the United States and the government did not act in bad faith or willf
• Habetz v. La. High Sch. Athletic Ass'n & Dr. Thomas G. Clausen
  842 F.2d 136· 5th Cir.· 1988-04-15 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that the case was moot because the LHSAA voluntarily amended its by-laws to allow female participation in sports lacking a girls' equivalent, rendering the original controversy moot.
• Zane Fair v. Fulbright
  844 F.2d 567· 8th Cir.· 1988-04-15 ·cited 2×
  The court held that summary judgment was properly granted because the arrest was executed pursuant to facially valid warrants and new allegations were raised for the first time on appeal.
• Scutieri v. Est. of Revitz
  683 F. Supp. 795· S.D. Fla.· 1988-04-12 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that genuine issues of material fact precluded summary judgment on most counts, denying motions for the Southeast Defendants and granting them for Paige and Fernandez on specific RICO claims.
• Pilarowski v. MacOmb Cnty. Health Dept. & Macomb Cnty. Bd. of Comm'rs
  841 F.2d 1281· 6th Cir.· 1988-03-15 ·cited 2×
  The district court misapplied Monell by requiring proof of a municipal policy or custom when the deprivation of rights stemmed from an act of the county's legislative body.
• Brown v. Ponte
  842 F.2d 16· 1st Cir.· 1988-03-14 ·cited 2×
  Government officials are entitled to qualified immunity from damages in a § 1983 action if their conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known at the time of the action.
• Gardner v. Cato
  841 F.2d 105· 5th Cir.· 1988-03-08 ·cited 2×
  The court held that the prisoner's complaint was frivolous and properly dismissed under 28 U.S.C. § 1915(d) because the record did not support claims of deliberate indifference to serious medical needs or a Fourteenth Amendment violation.
• Neiderhiser v. The Borough OF Berwick
  840 F.2d 213· 3d Cir.· 1988-03-01 ·cited 2×
  The court held that the district court erred in dismissing the case for lack of jurisdiction, as plaintiffs alleged a viable case or controversy based on both a potential future enforcement of an ordinance and past constitutional deprivations.
• George v. J.D. White
  837 F.2d 1516· 11th Cir.· 1988-02-23 ·cited 2×
  The court held that while property claims were barred by res judicata, the cruel and unusual punishment claim was not, as it involved a different cause of action requiring different evidence under Alabama law.
• Nooner v. The Pillsbury Co.
  840 F.2d 560· 8th Cir.· 1988-02-22 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that the undisputed facts established as a matter of law that probable cause existed for the issuance of the writ of body attachment, and thus affirmed the grant of summary judgment for Pillsbury on the claims of false imprisonment and malicious prosecution.
• Knoll v. Webster
  838 F.2d 450· 10th Cir.· 1988-02-02 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  A member of the Board of Pardons is absolutely immune from damages liability for actions taken in the performance of official duties regarding parole.
• Americans United FOR Separation OF Church & State v. The Sch. Dist. OF the City OF Grand Rapids
  835 F.2d 627· 6th Cir.· 1987-12-16 ·cited 2×·via 42 U.S.C. § 1983 Cause Of Action
  The court held that attorney's fees under 42 U.S.C. § 1988 are only available if the action explicitly enforces one of the enumerated civil rights statutes, not merely if the substance of the claim could be construed as such.
• Donivan v. Dallastown Borough
  835 F.2d 486· 3d Cir.· 1987-12-15 ·cited 2×
  The court held that abolishing a police force by a vote, rather than by enacting an ordinance as required by statute, was not a legislative act, and therefore the council members were not entitled to absolute legislative immunity.
• Frank v. Hernandez
  833 F.2d 1316· 9th Cir.· 1987-12-07 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that a prisoner has no constitutional right to a particular classification status or to have opinions and evaluations in his prison file corrected under the Washington State Criminal Records Privacy Act.
• Wilson v. Foti
  832 F.2d 891· 5th Cir.· 1987-11-25 ·cited 2×
  A state prisoner challenging the fact or length of confinement must exhaust state remedies, including discretionary review by the state supreme court, before filing a federal habeas corpus petition.
• Schlegel v. Bebout
  831 F.2d 881· 9th Cir.· 1987-11-03 ·cited 2×
  The dissent argues the court misperceived the line between absolute and qualified immunity by not recognizing the Public Utilities Commission's prosecutorial duties.
• Stewart v. P.O. Gary Lattanzi
  832 F.2d 12· 2d Cir.· 1987-10-26 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in sua sponte dismissing the complaint for failure to state a claim based on absolute immunity without allowing the plaintiff an opportunity to present evidence.
• Turney v. Scroggy
  831 F.2d 135· 6th Cir.· 1987-10-16 ·cited 2×
  The court should not grant qualified immunity to defendants Pershing and Scroggy because their actions violated clearly established constitutional rights regarding inmate due process.
• Morrash v. Strobel
  842 F.2d 64· 4th Cir.· 1987-10-06 ·cited 2×
  The court held that the City was not liable under 42 U.S.C. § 1983 as the Director of Public Safety was not a final policymaker, and that the officers' transfers did not violate their due process or freedom of association rights.
• Norton v. Colyer
  828 F.2d 384· 6th Cir.· 1987-09-10 ·cited 2×·via 42 U.S.C. § 1983 Claim For Deprivation Of Constitutional Rights
  The court held that the plaintiff waived his right to appeal the jury instructions by failing to object at trial, and that the admission of medical records was proper under the Business Records Act and Federal Rule of Evidence 803(6).