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

• Graham v. Gray
  827 F.2d 679· 10th Cir.· 1987-09-01 ·cited 2×·via 42 U.S.C. § 1983 Action
  The denial of a motion for a protective order from discovery, even when grounded on qualified immunity, is not an immediately appealable "final decision" under 28 U.S.C. § 1291, as such orders are reviewed for abuse of discretion, not solely on issues of law.
• Appelmans v. The City OF Philadelphia
  826 F.2d 214· 3d Cir.· 1987-08-12 ·cited 2×
  The court held that the plaintiffs failed to establish a protectible property interest in the transferred funds, thus affirming the grant of summary judgment for the defendant City.
• Joseph L., Jr. v. Off. OF Jud. Support OF the Court OF Common Pleas OF Del. Cnty. & Grace Bldg. Co., Inc.
  820 F.2d 631· 3d Cir.· 1987-06-09 ·cited 2×
  A purchaser at a municipal tax sale does not act under color of state law for purposes of 42 U.S.C. § 1983, nor does filing a quiet title action constitute state action.
• Pasterczyk v. Fair
  819 F.2d 12· 1st Cir.· 1987-05-29 ·cited 2×·via 42 U.S.C. § 1983 Claim For Damages
  A prior state court judgment for declaratory and injunctive relief, which granted sentence credit, has res judicata effect and bars a subsequent federal § 1983 damages action for the same underlying grievance, as the damages claim could have been raised in the state action.
• Canfield v. Game Warden Chappel
  817 F.2d 1166· 5th Cir.· 1987-05-29 ·cited 2×
  The court held that the jury's finding of no probable cause for the warrantless arrest was supported by sufficient evidence, and the denial of the defendant's motion for judgment n.o.v. was therefore proper.
• Derick G. Justice v. Town OF Blackwell & Jennie Henkel
  820 F.2d 238· 7th Cir.· 1987-05-29 ·cited 2×
  The court held that the denial of qualified immunity to Cronin was appealable, but Henkel's appeal from the denial of her motion to amend was not. Cronin was entitled to qualified immunity because he did not violate clearly established federal or state law.
• Est. OF Kathleen Ann Johnson v. Vill. OF Libertyville
  819 F.2d 174· 7th Cir.· 1987-05-18 ·cited 2×
  The court held that the parents lacked standing to sue as special administrators because their appointment was void under Illinois law, and they failed to plead individual injuries to themselves in their own right.
• Hensley v. Carey
  818 F.2d 646· 7th Cir.· 1987-05-12 ·cited 2×
  Police officers are not liable under 42 U.S.C. § 1983 for conducting an unduly suggestive lineup if the evidence from that lineup is not used at trial and does not result in a deprivation of the right to a fair trial.
• Sparks v. The Character & Fitness Comm. OF Ky.
  818 F.2d 541· 6th Cir.· 1987-05-11 ·cited 2×·via 42 U.S.C. § 1983 Violations
  Officials performing quasi-judicial duties related to bar admissions, even if not judges, are entitled to absolute judicial immunity.
• Clark v. Cnty. OF Winnebago
  817 F.2d 407· 7th Cir.· 1987-04-20 ·cited 2×
  The court held that the County's zoning ordinance and the denial of the plaintiff's rezoning request did not violate due process, as they were rationally related to legitimate governmental interests in controlling density and distinguishing mobile homes from site-built homes.
• Quincy West v. Atkins
  815 F.2d 993· 4th Cir.· 1987-04-09 ·cited 2×
  A private physician under contract with a state prison to provide medical services does not act under color of state law when exercising independent professional judgment, even if the patient is a prisoner.
• Pushard v. Judge Ronald Russell
  815 F.2d 1· 1st Cir.· 1987-03-24 ·cited 2×
  The court held that petitions for leave to appeal under 28 U.S.C. § 636(c)(5) should only be granted in cases involving substantial and important questions of law.
• O'Donnell v. Sheriff Pat Thomas
  814 F.2d 524· 8th Cir.· 1987-03-20 ·cited 2×
  The court held that the district court erred by failing to make specific factual findings on all material issues presented by the plaintiff's claims before dismissing the case under Rule 41(b).
• Ganey v. Garrison
  813 F.2d 650· 4th Cir.· 1987-03-19 ·cited 2×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court affirmed the award of attorneys' fees, finding the plaintiff was a prevailing party entitled to fees under 42 U.S.C. § 1988, but remanded for correction of a potential arithmetical error and to consider fees for the appeal.
• Hill v. Ogburn
  812 F.2d 679· 11th Cir.· 1987-03-17 ·cited 2×
  Public housing tenants may bring an action under 42 U.S.C. § 1983 for utility overcharges by local housing authorities in violation of the Brooke Amendment and HUD regulations, but not against HUD itself for failure to enforce.
• Jane Does 1-100 v. Omodt
  813 F.2d 910· 8th Cir.· 1987-03-13 ·cited 2×
  The court held that the district court erred in applying Wilson v. Garcia retroactively to bar the plaintiff's claim, as the plaintiff could have reasonably relied on prior circuit precedent.
• Gamble v. C.L. Webb
  806 F.2d 1258· 5th Cir.· 1986-12-31 ·cited 2×
  A temporary suspension of a horse owner's license, pending a prompt hearing, does not violate procedural due process, even without a pre-suspension hearing.
• Callahan v. Hon. Albert L. Rendlen. Hon. Lawrence O. Davis
  806 F.2d 795· 8th Cir.· 1986-12-04 ·cited 2×·via 42 U.S.C. § 1983 Action
  A judge is entitled to judicial immunity from a civil suit for damages under 42 U.S.C. § 1983 when acting within his judicial capacity and with subject matter jurisdiction.
• Sexton v. Ryan
  804 F.2d 26· 2d Cir.· 1986-10-23 ·cited 2×
  The court held that a sua sponte dismissal of a pro se plaintiff's complaint was improper without affording the plaintiff an opportunity to be heard, especially concerning allegations of coercion in signing a release.
• Brown v. City of Clewiston
  644 F. Supp. 1407· S.D. Fla.· 1986-09-30 ·cited 2×·via 42 U.S.C. § 1983 Liability For Municipalities
  The court granted summary judgment for the City, finding no genuine issue of material fact regarding the existence of an unconstitutional policy or custom that caused the plaintiff's injury, and that the state negligence claim was governed by state law, not city regulations.
• Baker v. City of Kissimmee
  645 F. Supp. 571· M.D. Fla.· 1986-09-20 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that the City of Kissimmee's historical and present disparities in street paving and maintenance, rooted in intentional racial discrimination, violate the Equal Protection Clause of the Fourteenth Amendment.
• Netterville v. State OF Mo.
  800 F.2d 798· 8th Cir.· 1986-09-12 ·cited 2×
  The court affirmed the district court's judgment, finding no error in the jury's verdict against the plaintiff's § 1981 and § 1983 claims and the court's judgment on her Title VII claim.
• McADAMS v. Matagorda Cnty. Appraisal Dist.
  798 F.2d 842· 5th Cir.· 1986-09-02 ·cited 2×
  The court held that a public employee's refusal to perform job duties, even if verbalized, does not transform into a First Amendment right and that the employee was not terminated for constitutionally protected speech.
• Burt Cole v. Williams
  798 F.2d 280· 8th Cir.· 1986-08-04 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the district court properly denied the motion for a new trial and correctly granted judgment n.o.v. on the failure to take before a magistrate charge, but erred in dismissing the City of Westville.
• Morris v. Cnty. OF Tehama
  795 F.2d 791· 9th Cir.· 1986-07-28 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that prosecutorial and judicial immunity barred claims against certain defendants, and state court judgments had preclusive effect, but reversed dismissal for Officer Carlton due to unresolved immunity issues.
• DOE v. Maher
  795 F.2d 787· 9th Cir.· 1986-07-28 ·cited 2×
  The court held that plaintiffs were not entitled to attorney's fees under section 1988 because their claims were based on the Education of the Handicapped Act (EAHCA), which has its own comprehensive remedial scheme, and their purported constitutional claims lacked an independent
• Clark v. Fob James
  794 F.2d 595· 11th Cir.· 1986-07-21 ·cited 2×
  The court held that a prisoner's escape and failure to appear at a scheduled hearing constitutes abandonment of his claim, justifying dismissal and denial of a Rule 60(b)(6) motion to reinstate, even if recaptured before dismissal.
• Vester v. W.P. Rogers
  795 F.2d 1179· 4th Cir.· 1986-07-18 ·cited 2×·via 42 U.S.C. § 1983 Action
  A prison regulation restricting inmate-to-inmate correspondence between institutions is constitutional if rationally related to legitimate penological objectives and does not constitute an absolute denial of speech rights.
• Rodriguez v. Schweiger
  796 F.2d 930· 7th Cir.· 1986-07-17 ·cited 2×·via 42 U.S.C. § 1983 Action
  A plaintiff's guilty plea in state court collaterally estops them from relitigating facts underlying the plea in a subsequent federal civil rights action, absent special circumstances like fraud or newly discovered evidence.
• Young v. Armontrout
  795 F.2d 55· 8th Cir.· 1986-07-08 ·cited 2×·via 42 U.S.C. § 1983 Claim For Deliberate Indifference To Serious Medical Needs
  The court held that the district court erred in dismissing the habeas corpus petition without an evidentiary hearing, as the allegations could state a claim under the Eighth Amendment for deliberate indifference to serious medical needs.
• Shouse v. Ljunggren
  792 F.2d 902· 9th Cir.· 1986-06-20 ·cited 2×
  A sheriff is entitled to qualified immunity for holding a parolee without providing notice of parole violation or right to a hearing, as Idaho law places these duties on parole officers, not sheriffs.
• Bishop v. State BAR OF Tex.
  791 F.2d 435· 5th Cir.· 1986-06-11 ·cited 2×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the State Bar of Texas is not a 'person' under § 1983 and that its employees are protected by immunity, affirming the dismissal of Bishop's claims.
• LEE v. Evans
  789 F.2d 885· 11th Cir.· 1986-05-19 ·cited 2×
  A pro se prisoner's complaint alleging deliberate indifference to serious medical needs should not be dismissed prior to service of process.
• Newbury v. Prisoner Review Bd. of the State OF Ill.
  791 F.2d 81· 7th Cir.· 1986-05-19 ·cited 2×
  The Due Process Clause does not require all members of a parole board panel who voted on an inmate's application to be present at the inmate's parole hearing.
• Brown Harris II v. Mo. Conservation Comm'n
  790 F.2d 678· 8th Cir.· 1986-05-08 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that Missouri law provides adequate post-deprivation remedies for property takings, thus the federal court lacked subject matter jurisdiction.
• Lillehaug v. City OF Sioux Falls
  788 F.2d 1349· 8th Cir.· 1986-04-18 ·cited 2×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  An appointive officer without a property interest in salary level cannot claim a due process violation when salary is reduced and overpayments recouped, especially when adequate state contract remedies exist.
• Davis v. Harvey
  789 F.2d 1332· 9th Cir.· 1986-04-15 ·cited 2×
  The court held that the district court correctly dismissed the civil rights action for lack of prosecution and properly denied the appellant's motions.
• Mullins v. The City OF Huntsville
  785 F.2d 1529· 11th Cir.· 1986-04-07 ·cited 2×
  The court held that the district court erred in granting summary judgment for the City of Huntsville because genuine issues of material fact remained regarding whether the disciplinary actions constituted official policy under Monell.
• W. World Ins. Co., Inc. v. Harford Mut. Ins. Co.
  784 F.2d 558· 4th Cir.· 1986-02-25 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  An insurer's duty to defend is determined by the allegations in the complaint, not the insurer's knowledge of the actual facts, and supervisory liability under § 1983 can arise from negligence.
• Joyce v. Mavromatis
  783 F.2d 56· 6th Cir.· 1986-02-10 ·cited 2×
  The court held that the alleged actions by police chiefs to obstruct a state court lawsuit do not state a federal constitutional claim under the First Amendment, due process, or equal protection.
• Cline v. Supreme Court OF Ga.
  781 F.2d 1541· 11th Cir.· 1986-02-10 ·cited 2×
  A state rule distinguishing between graduates of approved and non-approved law schools for bar admission, and limiting the number of times an applicant may take the exam, does not violate substantive due process or equal protection.
• Polk v. Montgomery Cnty.
  782 F.2d 1196· 4th Cir.· 1986-02-06 ·cited 2×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the district court erred in applying the doctrine of offensive collateral estoppel because the prior judgment was not sufficiently final and the issues may not be identical.
• Grandstaff v. The City OF Borger
  779 F.2d 1129· 5th Cir.· 1986-01-08 ·cited 2×
• E. Naples Water Sys., Inc. v. Bd. of Cnty. Comm'rs
  627 F. Supp. 1065· S.D. Fla.· 1986-01-06 ·cited 2×
  The court held that abstention was appropriate, granting the defendants' motion to stay the federal proceedings pending the resolution of a substantially identical state court action.
• Robert Cimasi J. Barleycorn's, Inc. v. City OF Fenton
  781 F.2d 116· 8th Cir.· 1986-01-03 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  The declaratory judgment exception to res judicata does not apply when a party seeks both declaratory and injunctive relief.
• Penelope Hatteras v. Sw. Bell Tel. Co.
  774 F.2d 1341· 5th Cir.· 1985-10-30 ·cited 2×
  The court held that the termination of telephone service without a pretermination hearing did not violate due process rights when the disconnection was requested by law enforcement based on an indictment.
• Hall v. United States
  773 F.2d 703· 6th Cir.· 1985-09-25 ·cited 2×
  The court held that the appellant was not entitled to attorney fees under 42 U.S.C. § 1988 because her successful injunction claim was not based on the statutes enumerated therein, and the Equal Access to Justice Act (EAJA) did not waive sovereign immunity for attorney fees in Bi
• Wilton v. Mayor & City Council OF Baltimore
  772 F.2d 88· 4th Cir.· 1985-09-18 ·cited 2×
  The court held that correctional officers' union activism, even if considered in promotion decisions, did not violate their First Amendment rights when the employer had a legitimate interest in avoiding conflicts of allegiance in supervisory roles.
• Wadhams v. Procunier
  772 F.2d 75· 4th Cir.· 1985-09-06 ·cited 2×
  The court held that a claim for wrongful imprisonment due to a random and unauthorized mistake by state officials, where adequate post-deprivation remedies exist under state law, does not constitute a due process violation under the Fourteenth Amendment.
• Patten v. Glaser
  771 F.2d 1178· 8th Cir.· 1985-09-05 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not err in dismissing the appellant's claims against the state judge.