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

• Johnson v. Officer Swyka
  763 F.2d 602· 3d Cir.· 1985-06-19 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the case must be remanded for reconsideration of the statute of limitations in light of Supreme Court precedent.
• Haas v. Chet Weiner
  765 F.2d 123· 8th Cir.· 1985-06-19 ·cited 2×
  The court held that the plaintiff's allegations did not rise to the level of cruel and unusual punishment under the Eighth Amendment, thus affirming the grant of summary judgment.
• Stermetz v. Judge W.R. Harper & Sebastian Cnty.
  763 F.2d 366· 8th Cir.· 1985-06-06 ·cited 2×
  The court held that the district court erred in granting summary judgment on the procedural due process claim, requiring reconsideration in light of Loudermill.
• Smith v. City OF Cleveland Heights
  760 F.2d 720· 6th Cir.· 1985-05-03 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The plaintiff lacked standing because he failed to demonstrate an actual injury, as required by Article III, and his claimed injury was too remote and speculative.
• Royston E. Potter v. Murray City
  760 F.2d 1065· 10th Cir.· 1985-04-30 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that Utah's prohibition on polygamy does not violate the Free Exercise Clause, the right to privacy, or due process/equal protection, and that the state has a compelling interest in upholding monogamy.
• Love v. The Alamance Cnty. Bd. OF Educ.
  757 F.2d 1504· 4th Cir.· 1985-03-27 ·cited 2×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the school board's articulated reasons for not promoting the plaintiff were legitimate and non-discriminatory, and that the plaintiff failed to prove pretext or a recent history of discrimination sufficient to shift the burden of persuasion.
• Craine v. Alexander
  756 F.2d 1070· 5th Cir.· 1985-03-25 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that the Board of Supervisors could not be held liable under § 1983 as Mississippi law imposed the duty of prisoner protection on the sheriff, not the Board, and that the Antipeonage Act claim failed due to lack of evidence of state responsibility for the alleged p
• Tosti v. City OF LOS Angeles
  754 F.2d 1485· 9th Cir.· 1985-03-04 ·cited 2×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the Supreme Court's decision in Monell v. New York City Department of Social Services applies retroactively to discriminatory acts predating the decision, and that the statute of limitations was tolled by the pendency of a related class action.
• Hawai Johnson v. Crispus NIX
  754 F.2d 273· 8th Cir.· 1985-02-06 ·cited 2×
  The court held that the inmate failed to establish a genuine issue of material fact regarding the prison officials' alleged interference with his newspaper receipt.
• Kines v. DAY
  754 F.2d 28· 1st Cir.· 1985-02-05 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the prison's "Publishers Only Rule" was not facially unconstitutional and that the inmate's challenge to the rule as applied was not ripe for decision due to insufficient evidence of specific harm.
• Johns v. The Supreme Court OF Ohio
  753 F.2d 524· 6th Cir.· 1985-01-30 ·cited 2×
  A federal district court lacks jurisdiction to compel a state supreme court to rehear an appeal or to overturn its decision, even if federal constitutional issues are raised.
• Lloyd v. H.S. McKENDREE
  749 F.2d 705· 11th Cir.· 1985-01-03 ·cited 2×
  The court held that the district court did not err in its findings regarding probable cause, administrative confinement, conditions of confinement, access to courts, and denial of an untimely jury trial request.
• Suffolk Cnty. Patrolmen's Benevolent Ass'n, Inc. v. Cnty. OF Suffolk
  751 F.2d 550· 2d Cir.· 1985-01-03 ·cited 2×
  The court held that the County's policy of offering a limited panel of independent counsel does not facially violate due process or equal protection rights.
• Hubenthal v. Cnty. OF Winona
  751 F.2d 243· 8th Cir.· 1984-12-27 ·cited 2×
  The court held that a post-deprivation remedy is adequate under state law, even if state officials intentionally exceeded the scope of a court order, and thus a § 1983 claim for due process violation is precluded.
• Stoutt v. S. Bell Tel. & Tel. Co.
  598 F. Supp. 1000· S.D. Fla.· 1984-12-07 ·cited 2×
  The court held that the plaintiff's complaint failed to establish state action for claims under 42 U.S.C. § 1983 and the Fourteenth Amendment, but the Thirteenth Amendment claim could proceed.
• Hockney v. Sch. Comm. OF Lynn
  747 F.2d 50· 1st Cir.· 1984-11-02 ·cited 2×
  The court held that the notice and opportunity for a hearing received by the plaintiff was sufficient to satisfy the Due Process Clause, and that her equal protection claims were unsupported by the record.
• McCAW v. Winter
  745 F.2d 533· 8th Cir.· 1984-10-09 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the state court judge and clerk were absolutely immune from liability for actions taken in their judicial capacities, thus the § 1983 action was frivolous.
• Nored v. Blehm
  743 F.2d 1386· 9th Cir.· 1984-10-02 ·cited 2×
  The court held that the two-year Oregon statute of limitations, as amended in 1977, applies to section 1983 actions, and the plaintiff's claim was time-barred.
• Ammons v. Dade City
  594 F. Supp. 1274· M.D. Fla.· 1984-09-21 ·cited 2×
  The court held that the City of Dade City engaged in unconstitutional racial discrimination by providing unequal municipal services, specifically street paving, to its black residents.
• Holt v. Dunn
  741 F.2d 169· 8th Cir.· 1984-08-21 ·cited 2×·via § 1983 Suit
  The court held that a court reporter is entitled to qualified immunity when acting within their lawful authority and in good faith compliance with court rules regarding transcript preparation.
• Wright v. TRW Credit Data
  588 F. Supp. 112· S.D. Fla.· 1984-07-24 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to state a claim upon which relief could be granted under the Civil Rights Act, the Fair Credit Reporting Act, and Florida statutes, warranting dismissal.
• Parks v. Collins
  736 F.2d 313· 5th Cir.· 1984-07-16 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that a local rule setting procedures for magistrate consent is not jurisdictional, and a party who failed to object to non-compliance below cannot raise the issue on appeal.
• Derrickson v. Bd. OF Educ. OF the City OF ST. Louis
  738 F.2d 351· 8th Cir.· 1984-07-11 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that the teacher's disruptive internal criticisms were not protected by the First Amendment when balanced against the school's need for efficient operation and harmony, and that these criticisms were not a substantial factor in the non-retention decision.
• Cipriano v. State OF R.I.
  738 F.2d 535· 1st Cir.· 1984-07-11 ·cited 2×
  The court held that the defendants were foreclosed from attacking the district court's amendment of the judgment because their counsel had agreed to the procedure for correcting the perceived inconsistency in the jury verdicts.
• The Genesee Brewing Co., Inc. v. Vill. OF Sodus Point
  733 F.2d 258· 2d Cir.· 1984-05-01 ·cited 2×
  The court held that the village was not required to refund payments made under a state law adopted pursuant to a repealed federal provision, as no federal right to such refunds was created.
• Hopkins v. Cnty. OF Laramie
  730 F.2d 603· 10th Cir.· 1984-03-23 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying challenges for cause, admitting certain testimony, or ruling on expert witness fees, and affirmed the jury's verdict.
• Dock v. Latimer
  729 F.2d 1287· 10th Cir.· 1984-03-23 ·cited 2×
  The court held that the alleged failure of parole officials to follow state parole statutes and regulations did not violate the inmate's federal due process rights because the Utah statute did not create a constitutionally protected liberty interest in parole.
• Zimmerman v. Grievance Comm. OF the Fifth Jud. Dist. OF the State OF NEW York
  726 F.2d 85· 2d Cir.· 1984-01-27 ·cited 2×
  A federal court lacks subject matter jurisdiction over claims that an attorney was subjected to an unconstitutional application of state bar advertising rules in a state judicial disciplinary proceeding.
• Massey v. Emergency Assistance, Inc.
  724 F.2d 690· 8th Cir.· 1984-01-11 ·cited 2×
  The court affirmed the district court's decision, finding no error of law and no clearly erroneous findings of fact.
• Mireles v. Crosby Cnty. & Cnty. Judge Robert Work
  724 F.2d 431· 5th Cir.· 1984-01-06 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the district court properly invoked the Pullman abstention doctrine, requiring dismissal without prejudice to allow state courts to clarify ambiguous state law.
• Stephens v. Bowie Cnty.
  724 F.2d 434· 5th Cir.· 1984-01-06 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the district court properly invoked the Pullman abstention doctrine and dismissed the case without prejudice.
• Yancey v. Jacquetta Alexander
  724 F.2d 93· 8th Cir.· 1983-12-30 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff failed to allege the requisite injury from the defendant's actions, thus affirming the dismissal of his section 1983 action.
• Winicki v. Mallard
  441 So. 2d 693· Fla. 1st DCA· 1983-11-21 ·cited 2×
  The appellate court affirmed the denial of attorney's fees to a pro se attorney litigant, despite the attorney's argument that a prior case did not preclude such an award.
• Barnard v. Young
  720 F.2d 1188· 10th Cir.· 1983-11-15 ·cited 2×·via 42 U.S.C. § 1983 Liability
  A private attorney using a state-authorized subpoena duces tecum to obtain medical records does not act under color of state law for purposes of 42 U.S.C. § 1983.
• Hilary Davis v. Page
  714 F.2d 512· 5th Cir.· 1983-09-15 ·cited 2×
  The court held that the plaintiff's claim against the state judges for declaratory and injunctive relief never presented a case or controversy because the underlying dependency proceeding had concluded, rendering the claim moot.
• Graham v. Deukmejian
  713 F.2d 518· 9th Cir.· 1983-08-18 ·cited 2×
  The court held that the plaintiffs have standing and state a cause of action under 42 U.S.C. § 1983, and that abstention by the district court was improper.
• Wilkins v. Whitaker
  714 F.2d 4· 4th Cir.· 1983-08-04 ·cited 2×·via 42 U.S.C. § 1983 Claim For Deprivation Of Property Without Due Process
  A state official's random and unauthorized negligent or intentional act causing loss of property does not violate due process if the state provides a postdeprivation remedy.
• Cmty. Med. Ctr. v. Emergency Med. Servs. of Ne. Pa., Inc.
  712 F.2d 878· 3d Cir.· 1983-07-15 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to demonstrate sufficient state involvement in the private entity's actions to establish state action, thus the district court correctly dismissed the claims for lack of subject matter jurisdiction.
• Cannon v. Beckville Indep. Sch. Dist.
  709 F.2d 9· 5th Cir.· 1983-07-05 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  A public employee's unilateral expectation of continued employment, even if based on past practice or informal assurances, does not create a property interest protected by due process unless there is a legitimate claim of entitlement derived from a statute, rule, or contract.
• State OF NEW York Dist. Attorney Investigators Police Benevolent Ass'n, Inc. v. Richards
  711 F.2d 8· 2d Cir.· 1983-06-28 ·cited 2×
  The district court erred in dismissing the complaint for lack of subject matter jurisdiction, as the claims presented were not "patently without merit."
• Standridge Flying Serv. & Wayne Standridge v. Dep't OF Transp.
  712 F.2d 1223· 8th Cir.· 1983-06-23 ·cited 2×
  The court granted the appellee's petition for costs and attorney's fees incurred in defending against a frivolous appeal.
• Payne v. Scottie Burns
  707 F.2d 1302· 11th Cir.· 1983-06-23 ·cited 2×
  The court held that the defendants did not violate the prisoner's federal rights by failing to bring him before a judge to set a time for a habeas corpus petition when the prisoner, with counsel, elected not to pursue such a petition.
• Ranschburg v. Barrett Toan
  709 F.2d 1207· 8th Cir.· 1983-06-08 ·cited 2×
  The court held that the Missouri Utilicare statute's classification, excluding disabled persons receiving Medical Assistance from benefits while including those receiving other specific public assistance, violated the Equal Protection Clause of the Fourteenth Amendment.
• Dover v. Rose
  709 F.2d 436· 6th Cir.· 1983-06-06 ·cited 2×
  A plaintiff is not a prevailing party under 42 U.S.C. § 1988 if they are entitled to no relief on the merits of their claim, even if the lawsuit vindicated a constitutional right.
• Charry v. Hall
  709 F.2d 139· 2d Cir.· 1983-05-19 ·cited 2×·via Violation Of 42 U.S.C. § 1983
• Deal v. Newport Datsun Ltd.
  706 F.2d 141· 4th Cir.· 1983-05-11 ·cited 2×
  The court held that the commencement of an ejectment proceeding, without interference with possession pending trial, does not violate federal constitutional rights actionable under 42 U.S.C.A. § 1983.
• Dykes v. Weinberg
  564 F. Supp. 536· M.D. Fla.· 1983-04-15 ·cited 2×
  The court held that the defendants were entitled to summary judgment because the plaintiff failed to establish state action for her Section 1983 claim and the defendant Weinberg was entitled to qualified immunity.
• Heath v. City of Hialeah
  560 F. Supp. 840· S.D. Fla.· 1983-04-07 ·cited 2×
  The court held that the federal common law of survivorship, not the Florida statute, must apply to § 1983 actions where the deprivation of federal rights causes death.
• Coleman v. Franklin Parish Sch. Bd.
  702 F.2d 74· 5th Cir.· 1983-04-04 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that while claims for denial of due process regarding corporal punishment were properly dismissed, the claim for denial of equal protection based on racial discrimination was improperly dismissed.
• Mims v. Shapp
  702 F.2d 453· 3d Cir.· 1983-03-21 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the case should be remanded for reconsideration in light of a Supreme Court decision regarding due process for inmates in administrative confinement.