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

• Hampton v. Mouser
  701 F.2d 766· 8th Cir.· 1983-03-16 ·cited 2×
  The court affirmed the dismissal of the section 1983 complaint.
• Heflin v. Ky. State Racing Comm'n
  701 F.2d 599· 6th Cir.· 1983-03-11 ·cited 2×
  The court held that plaintiffs failed to state a claim under 42 U.S.C. § 1983 because they did not possess a property interest in stall space cognizable under the Fourteenth Amendment, nor was Churchill Downs' action considered state action.
• Logan v. Hollier
  699 F.2d 758· 5th Cir.· 1983-03-07 ·cited 2×
  The Louisiana Municipal Risk Management Agency (LMRMA) is not an insurer under Louisiana law and cannot be sued directly by a claimant, nor is a claimant a third-party beneficiary of the LMRMA's contract with a municipality.
• Barksdale v. Franzen
  700 F.2d 1138· 7th Cir.· 1983-02-24 ·cited 2×
  An inmate is not entitled to receive good time credit under both the statutory/compensatory system and the day-for-day system simultaneously; they are distinct methods and the inmate is entitled to the more beneficial one.
• Mac Durham v. Jones
  698 F.2d 1179· 11th Cir.· 1983-02-22 ·cited 2×
  The court held that the plaintiff failed to establish a protected property interest in being placed on the sheriff's wrecker list, and thus, his due process claim failed.
• Johnson v. King
  696 F.2d 370· 5th Cir.· 1983-01-24 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in granting summary judgment based on failure to exhaust administrative remedies, as the Supreme Court's decision in Patsy v. Florida Board of Regents altered the exhaustion requirements for § 1983 actions.
• Smith v. Kent State Univ.
  696 F.2d 476· 6th Cir.· 1983-01-10 ·cited 2×
  The court held that the professor's termination was justified due to his refusal to accept a reasonable academic assignment and that his union activities did not constitute protected speech motivating the termination.
• Rhoades v. The Honorable Craig Penfold
  694 F.2d 1043· 5th Cir.· 1983-01-06 ·cited 2×·via § 1983
  The court held that the federal district court had jurisdiction, did not err in refusing to abstain or apply res judicata, but did err in granting summary judgment and certifying a class action.
• Pool v. White
  694 F.2d 161· 8th Cir.· 1982-12-02 ·cited 2×
  The court held that the appellant's action was premature because his post-conviction motion had not yet been finally adjudicated.
• Owen v. Kimmel
  693 F.2d 711· 7th Cir.· 1982-11-26 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred by relying on prior case law without considering the impact of Patsy v. Board of Regents and 42 U.S.C. § 1997e regarding exhaustion of administrative remedies in Section 1983 actions.
• Billingsley v. Judge Harold A. Kyser
  691 F.2d 388· 8th Cir.· 1982-10-20 ·cited 2×
  Judicial and prosecutorial immunity bars claims against a judge and prosecutor for amending a sentence, even if done without proper jurisdiction.
• Kincaid v. Duckworth
  689 F.2d 702· 7th Cir.· 1982-09-24 ·cited 2×
  The court held that Indiana Department of Correction Regulation IV(C)(1) does not violate equal protection or due process rights by requiring inmates serving life sentences to serve six years before eligibility for minimum security consideration, as states have broad discretion i
• Ellison v. DE LA Rosa
  685 F.2d 959· 5th Cir.· 1982-09-13 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that a section 1983 action against appointed counsel for ineffective assistance of counsel fails because such counsel does not act under color of state law.
• Blodgett v. Cnty. OF Santa Cruz
  698 F.2d 368· 9th Cir.· 1982-08-25 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that summary judgment for the county was appropriate as no material issue of fact existed regarding the property owners' claims of due process and equal protection violations.
• Sumpter v. Harper
  683 F.2d 106· 4th Cir.· 1982-07-21 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  A state medical license alone does not establish state action for purposes of Section 1983 or the Fourteenth Amendment, and Title VI does not provide a right of action for damages for medical malpractice.
• Maxey v. Thompson
  680 F.2d 524· 7th Cir.· 1982-06-16 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff should be allowed to amend his Title VII and ADEA claims to substitute the correct agency, but not his § 1981 and § 1983 claims.
• Lucien v. Roegner
  682 F.2d 625· 7th Cir.· 1982-06-15 ·cited 2×
  The court held that a frivolous claim cannot be bolstered by subjective good faith to entitle a party to pauper status on appeal.
• Swann v. Gastonia Hous. Auth.
  675 F.2d 1342· 4th Cir.· 1982-04-08 ·cited 2×
  The court held that neither 42 U.S.C. § 1437f nor the Fourteenth Amendment require a showing of good cause prior to termination of a lease in the § 8 Existing Housing Program.
• Stephen Kenneth MacKey # 040811 v. Gonzalez
  662 F.2d 712· 11th Cir.· 1981-11-23 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court vacated the district court's dismissal order and remanded for clarification regarding the exhaustion of state remedies.
• Morrison v. FOX
  660 F.2d 87· 3d Cir.· 1981-10-02 ·cited 2×·via 42 U.S.C. § 1983 Liability For Municipalities
  A plaintiff who fails to establish a municipality's liability for money damages under 42 U.S.C. § 1983 cannot recover attorney's fees against the municipality under 42 U.S.C. § 1988.
• Dudley v. Stoneman
  653 F.2d 125· 4th Cir.· 1981-07-10 ·cited 2×
  A plaintiff who admits to falsifying a report cannot recover under 42 U.S.C. § 1983, even if acting under orders, as they are in pari delicto.
• Burton v. State OF Miss.
  650 F.2d 91· 5th Cir.· 1981-07-07 ·cited 2×
  The court held that even if Rule 60(b) relief were available, it would be inappropriate to revive the prior judgment due to the passage of time and the fact that the original trial was not significantly impacted by the overruled precedent.
• White v. Wyrick
  651 F.2d 597· 8th Cir.· 1981-06-17 ·cited 2×·via 42 U.S.C. § 1983 Action
  A federal court properly denied a habeas corpus petition where the petitioner failed to exhaust available state remedies for most of his claims.
• Chambers v. Kaplan
  648 F.2d 1193· 8th Cir.· 1981-05-20 ·cited 2×
  A private attorney appointed by a federal court to represent inmates in a civil rights action against the state does not act under color of state law for purposes of a § 1983 claim.
• Northwood Apts. v. LaVALLEY
  649 F.2d 401· 6th Cir.· 1981-05-14 ·cited 2×·via 42 U.S.C. § 1983 Action
  The dissenting judge would hold that federal courts lack subject matter jurisdiction under 42 U.S.C. §§ 1983 or 1985 for actions by taxpayers against local tax assessors for damages, especially when an adequate state remedy exists. The judge would also affirm dismissal based on t
• The Honorable Robert Mandel v. The Honorable: Ralph J. Erickstad
  648 F.2d 1175· 8th Cir.· 1981-05-13 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court affirmed the district court's dismissal, holding that the plaintiff's allegations did not state a denial of federal statutory or constitutional rights.
• LaGRANGE v. City OF Minneapolis
  645 F.2d 615· 8th Cir.· 1981-04-06 ·cited 2×
  The court held that the procedures and standards for civil service employment did not create a property interest protected under the Fourteenth Amendment.
• Farrar v. Cain
  642 F.2d 86· 5th Cir.· 1981-02-23 ·cited 2×
  The court held that the district court's grant of summary judgment must be vacated and remanded for written findings of fact and conclusions of law.
• Seemiller v. Cir. Court Clerk OF ST. Charles Cnty.
  640 F.2d 175· 8th Cir.· 1981-02-12 ·cited 2×
  The court held that the civil rights action was prematurely filed while state court proceedings were still ongoing. The dismissal was affirmed without prejudice.
• Goadby v. Philadelphia Elec. Co.
  639 F.2d 117· 3d Cir.· 1981-01-09 ·cited 2×
  The court held that a preliminary injunction should not have been granted because the plaintiff had an adequate remedy at law through monetary damages in the state court system.
• Dommer v. Crawford
  638 F.2d 1031· 7th Cir.· 1980-12-31 ·cited 2×
  The district court's order was an impermissible interference with state criminal law administration, as plaintiffs had an adequate remedy in state courts and failed to exhaust those remedies.
• Kriss Mangum v. Mitchell
  638 F.2d 203· 10th Cir.· 1980-12-29 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the state's denial of general assistance (GA) to recipients of federal Supplemental Security Income (SSI) does not violate constitutional rights and is a rational exercise of state authority to coordinate welfare programs and prevent double payments.
• Ewell Welch v. Barham
  635 F.2d 1322· 8th Cir.· 1980-11-07 ·cited 2×
  The court should affirm the district court's finding that the plaintiff was deprived of property without due process because two board members had prejudged the case.
• Decker v. O'Donnell
  661 F.2d 598· 7th Cir.· 1980-09-09 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that the Comprehensive Employment and Training Act (CETA) program's funding of participants in pervasively sectarian elementary and secondary schools violates the Establishment Clause of the First Amendment due to excessive entanglement and impermissible subsidizat
• Clark v. Solem
  628 F.2d 1120· 8th Cir.· 1980-08-28 ·cited 2×
  The court held that the inmate's allegations of defamation and conspiracy, as well as vague claims of Eighth Amendment violations, failed to state a claim for which relief could be granted under 42 U.S.C. §§ 1983 and 1985.
• Dunn v. Hackworth
  628 F.2d 1111· 8th Cir.· 1980-08-27 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that a privately retained attorney's status as a state juvenile officer, without more, does not transform their representation into state action for purposes of a § 1983 claim.
• Barlow v. Marion Cnty. Hosp. Dist.
  495 F. Supp. 682· M.D. Fla.· 1980-07-29 ·cited 2×
  The court held that while plaintiffs stated constitutional claims over which it had jurisdiction, they failed to state a claim under 42 U.S.C. § 1983 based on the Hill-Burton Act because they did not allege exhaustion of administrative remedies as required by the statute.
• Nickens v. White
  622 F.2d 967· 8th Cir.· 1980-06-04 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court properly granted summary judgment because the prisoner failed to raise a genuine issue of material fact and did not diligently pursue discovery.
• McCRAY v. Burrell
  622 F.2d 705· 4th Cir.· 1980-06-04 ·cited 2×
  The court held that Sergeant Smith was not entitled to qualified immunity for the first confinement because his testimony shifted to indicate he did not believe the inmate was mentally disturbed, negating the justification for the harsh conditions and lack of immediate profession
• Eston Bullard, Jr. v. Louie L. Wainwright
  614 F.2d 1020· 5th Cir.· 1980-04-02 ·cited 2×
  The court held that the prisoner's complaint was sufficient to withstand a motion to dismiss for failure to state a cause of action.
• Local NO. 1903 OF the Int'l Union v. Bear Archery
  617 F.2d 157· 6th Cir.· 1980-03-06 ·cited 2×·via 42 U.S.C. § 1983 Liability
  A local government may not be sued under § 1983 for an injury inflicted solely by its employees or agents; liability attaches when execution of a government's policy or custom causes the injury.
• French v. Butterworth
  614 F.2d 23· 1st Cir.· 1980-01-31 ·cited 2×
  A prisoner does not have a constitutionally protected property interest in operating a business within a prison or in purchasing goods at cost.
• Hirrill v. Merriweather
  629 F.2d 490· 8th Cir.· 1980-01-16 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the plaintiff's termination claim was barred by res judicata, and while the pension claim's res judicata status was unclear, it was ultimately without merit and thus properly dismissed.
• Randle v. Romero
  610 F.2d 702· 10th Cir.· 1979-12-17 ·cited 2×
  The court held that a prison's policy of refusing to transfer inmates serving consecutive sentences to a minimum security facility does not violate the Constitution and is not subject to judicial review unless it constitutes a clear abuse or caprice.
• Henry v. Perrin
  609 F.2d 1010· 1st Cir.· 1979-11-21 ·cited 2×
  The court held that a prison policy allowing guards to conduct page-by-page visual inspections of attorney files, even if not intended to read privileged information, infringes upon the Sixth Amendment right to counsel when the contraband definition includes textual material and
• Dominguez v. Beame
  603 F.2d 337· 2d Cir.· 1979-06-28 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that the trial court erred in dismissing the complaint against the arresting officers because the officers' belief that the arrest was supported by probable cause was not objectively reasonable.
• Williams v. Park Anderson
  599 F.2d 923· 10th Cir.· 1979-05-08 ·cited 2×·via 42 U.S.C. § 1983 Liability
  The court held that the evidence was legally insufficient to support judgments against prison officials for false imprisonment under 42 U.S.C. § 1983, as they reasonably relied on the records clerk's mistaken confirmation of the inmate's sentence.
• Lamb v. Farmers Ins. Co., Inc.
  586 F.2d 96· 8th Cir.· 1978-11-09 ·cited 2×
  The court held that the appellant's claims under 42 U.S.C. §§ 1983 and 1985 failed to state a claim upon which relief could be granted.
• Ford v. Schmidt
  577 F.2d 408· 7th Cir.· 1978-04-14 ·cited 2×
  The court held that the prison's mail policy and 'no-passing' rule did not unconstitutionally interfere with inmates' access to the courts or property rights, and a subsequent rule change was inadmissible to prove prior culpable conduct.
• Blum v. Probate Court OF Chittenden Cnty.
  575 F.2d 50· 2d Cir.· 1978-04-12 ·cited 2×
  The court held that the appellant's pleadings failed to state a constitutional claim because he received adequate notice of the Massachusetts parental termination proceedings and voluntarily failed to appear.