42 U.S.C. § 1983

12,666 Florida cases classified under this topic, plus 447 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Lewis v. Richmond City Police Dep't
  947 F.2d 733· 4th Cir.· 1991-10-22 ·cited 10×
  A pro se prisoner's civil complaint is deemed filed when delivered to prison authorities for mailing, not when received by the clerk's office, to satisfy the statute of limitations.
• Clark Lee Smith v. Boyd
  945 F.2d 1041· 8th Cir.· 1991-09-25 ·cited 10×
  A district court may sua sponte dismiss a complaint under Rule 12(b)(6) as long as the dismissal does not precede service of process, and failure to provide pre-dismissal notice is not reversible error if the claim is patently frivolous.
• Black v. Rouse
  587 So. 2d 1359· Fla. 4th DCA· 1991-09-25 ·cited 10×
  Norman Black, an inmate, appealed the dismissal of his Section 1983 civil rights action against Florida Department of Corrections officials, claiming violations of his Eighth, First, and Fourteenth Amendment rights. The court affirmed the dismissal of certain claims, reversed the
• Johnson v. Martin
  943 F.2d 15· 7th Cir.· 1991-09-12 ·cited 10×
  A probationary police officer's discharge and placement of positive drug test results in his personnel file does not violate his liberty interest in reputation without public disclosure of the stigmatizing information.
• Dang Vang v. Vang Xiong X. Toyed
  944 F.2d 476· 9th Cir.· 1991-09-05 ·cited 10×
  The court held that sufficient evidence supported the jury's conclusion that the defendant, a state employee, acted under color of state law when he raped the plaintiffs, and that the admission of expert testimony was not an abuse of discretion.
• Johnson v. State Mut. Life Assurance Co. of Am.
  942 F.2d 1260· 8th Cir.· 1991-08-21 ·cited 10×
  The dissenting judge would hold that the insurance policy in question does not contain a promise for the payment of money, and therefore the action is barred by the 5-year statute of limitations.
• Prokey v. Watkins
  942 F.2d 67· 1st Cir.· 1991-08-19 ·cited 10×
  The court held that disputed material facts regarding probable cause and conspiracy preclude summary judgment on qualified immunity grounds.
• Clark A. Bailey v. Gardebring
  940 F.2d 1150· 8th Cir.· 1991-07-26 ·cited 10×
  The dissent argues that the new Minnesota parole regulations constitute a law for ex post facto purposes because they are binding on the agency and lack discretion, unlike federal guidelines. The dissent would find the regulations violate the ex post facto clause.
• Cody v. Henderson
  936 F.2d 715· 2d Cir.· 1991-06-26 ·cited 10×
  The court held that while extensive delay in processing a criminal appeal can violate due process, unconditional release is not warranted unless the delay substantially prejudiced the outcome of the appeal. The district court erred in granting release without such a showing.
• Smith v. Mass. Dep't OF Corr.
  936 F.2d 1390· 1st Cir.· 1991-06-25 ·cited 10×
  The court held that the district court erred in granting summary judgment on claims related to the denial of a prisoner's request to call a witness and for discovery, as prison officials failed to provide reasons for the denial. However, the court affirmed dismissal of other clai
• Cabrales v. Cnty. OF LOS Angeles
  935 F.2d 1050· 9th Cir.· 1991-06-07 ·cited 10×
  A prevailing party is entitled to attorney's fees for an unsuccessful stage of litigation if that stage was a necessary step toward the ultimate victory.
• Buckley Constr., Inc. v. Shawnee Civic & Cultural Dev. Auth.
  933 F.2d 853· 10th Cir.· 1991-05-14 ·cited 10×
  The court held that the plaintiff's antitrust claims were barred by state action immunity and that the plaintiff failed to state a claim for procedural due process or equal protection violations under § 1983.
• Knowlton Merritt v. MacKey
  932 F.2d 1317· 9th Cir.· 1991-05-08 ·cited 10×
  The court held that the prior panel's decision on qualified immunity was the law of the case, the damages awarded were not clearly erroneous, and Mackey was liable for attorney's fees under § 1988 due to joint action with a state official, but the multiplier for attorney's fees w
• Andrews v. Siegel
  929 F.2d 1326· 8th Cir.· 1991-04-10 ·cited 10×
  The court held that the prison officials were not deliberately indifferent to the inmate's Eighth Amendment rights, as the evidence did not show a pervasive risk of harm or that officials acted with reckless disregard.
• Unger v. Nat'l Residents Matching Program
  928 F.2d 1392· 3d Cir.· 1991-04-02 ·cited 10×
  The court held that a plaintiff cannot establish a due process claim based on a contract without alleging a breach of that contract.
• Paris A. Moore v. Warden Winebrenner
  927 F.2d 1312· 4th Cir.· 1991-03-06 ·cited 10×
  The court held that the appropriate legal standard for an Eighth Amendment claim against a prison official is whether the official acted with "wantonness" or "obduracy," not mere negligence or deliberate indifference. The court affirmed summary judgment for the former warden, fin
• Campbell v. Mercer
  926 F.2d 990· 10th Cir.· 1991-02-26 ·cited 10×
  The court held that a municipal code provision allowing discharge 'for the good of the service' does not create a constitutionally protected property interest, and thus the mayor is entitled to qualified immunity regarding the claim for a post-termination hearing.
• Mitch Paulsen v. Cnty. OF Nassau
  925 F.2d 65· 2d Cir.· 1991-02-04 ·cited 10×
  The court held that the Nassau County Veterans Memorial Coliseum's sidewalk and mall areas constitute a public forum by government designation, and a complete ban on noncommercial leafletting is an impermissible abridgement of expression.
• McKINNEY v. Anderson
  924 F.2d 1500· 9th Cir.· 1991-02-01 ·cited 10×
  Compelled exposure to environmental tobacco smoke (ETS) at levels posing an unreasonable risk of harm constitutes cruel and unusual punishment under the Eighth Amendment, even without proof of immediate serious medical symptoms. The Nevada anti-smoking statute applies to prison l
• Winter v. Cerro Gordo Cnty. Conservation Bd.
  925 F.2d 1069· 8th Cir.· 1991-01-09 ·cited 10×
  The court held that the discharged employee had a property interest in his job under Iowa law and was denied procedural due process, but remanded for recalculation of prejudgment interest.
• Lu Ann Buffkins v. City OF Omaha
  922 F.2d 465· 8th Cir.· 1990-12-28 ·cited 10×
  The court held that the officers lacked reasonable articulable suspicion for the seizure and arrest, and the City of Omaha was improperly dismissed due to its failure to repeal an unconstitutional ordinance.
• Barbano v. Madison Cnty.
  922 F.2d 139· 2d Cir.· 1990-12-28 ·cited 10×
  The court held that the district court erred in finding the Board of Supervisors guilty of sex discrimination, as the record did not support claims of discriminatory experience assessment or lack of tact by the plaintiff.
• G.M. Eng'rs & Assocs., Inc. v. W. Bloomfield Twp.
  922 F.2d 328· 6th Cir.· 1990-12-27 ·cited 10×
  The court held that the plaintiff failed to state a claim for a taking without just compensation because they did not exhaust adequate state remedies, and failed to state a procedural due process claim because the alleged deprivation was a random and unauthorized act for which st
• Hamilton J. Whiting v. Maiolini
  921 F.2d 5· 1st Cir.· 1990-12-07 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that converting a motion for judgment on the pleadings to a motion for summary judgment without adequate notice and opportunity for discovery is improper.
• Edwards v. Cass Cnty.
  919 F.2d 273· 5th Cir.· 1990-11-30 ·cited 10×
  The court held that a district court's refusal to allow a late-filed motion for summary judgment asserting qualified immunity is not an immediately appealable "final decision" under 28 U.S.C. § 1291, even if the refusal is an abuse of discretion.
• Willhauck v. Halpin
  919 F.2d 788· 1st Cir.· 1990-11-21 ·cited 10×
  The court held that the district court's failure to enter final judgments on separate documents for dismissed parties, as required by Federal Rules of Civil Procedure 54(b), 58, and 79, meant that the time for appeal had not yet begun to run, and thus the denial of the motion for
• The Rector v. The City OF NEW York & the Landmarks Pres. Comm'n of the City of N.Y.
  914 F.2d 348· 2d Cir.· 1990-09-12 ·cited 10×
  The court held that New York City's Landmarks Law, as applied to the Church's Community House, does not impose an unconstitutional burden on the free exercise of religion or effect a taking of property without just compensation, as the Church failed to prove it could not continue
• Johnson v. Odom
  910 F.2d 1273· 5th Cir.· 1990-09-07 ·cited 10×
  The court held that the defendants were not entitled to absolute immunity and that genuine issues of material fact existed regarding their claims for qualified immunity, thus affirming the denial of their motion for summary judgment.
• Bradley v. Pittsburgh Bd. OF Educ.
  913 F.2d 1064· 3d Cir.· 1990-09-05 ·cited 10×
  The court held that the district court erred in granting summary judgment sua sponte after motions in limine without proper notice and opportunity for the plaintiff to present evidence. It also held that the plaintiff's federal claims were not barred by claim preclusion due to a
• Stem v. Ahearn
  908 F.2d 1· 5th Cir.· 1990-08-13 ·cited 10×
  Child protective services workers are entitled to Eleventh Amendment immunity in their official capacities and qualified immunity in their individual capacities because their actions did not violate clearly established constitutional rights.
• Crowder v. Hous. Auth. OF THE City OF Atlanta
  908 F.2d 843· 11th Cir.· 1990-08-09 ·cited 10×
  The court held that parties who obtained a permanent injunction, vindicating significant constitutional rights, are prevailing parties under 42 U.S.C. § 1988, and are entitled to attorney's fees, even if other claims remain pending for a co-plaintiff.
• BEE v. Greaves
  910 F.2d 686· 10th Cir.· 1990-08-02 ·cited 10×
  The court affirmed the denial of qualified immunity, finding the law regarding involuntary medication of pretrial detainees was clearly established. It affirmed in part and reversed in part the attorney fee award, remanding for reevaluation of fees for successful prior appeals.
• Hudson v. McMILLIAN
  929 F.2d 1014· 5th Cir.· 1990-07-31 ·cited 10×
  A prisoner's claim for excessive force under the Eighth Amendment fails if the injury sustained is not significant.
• Welch v. Johnson
  907 F.2d 714· 7th Cir.· 1990-07-23 ·cited 10×
  The court held that claims arising from the plaintiff's discharge were barred by res judicata, but the claim regarding denial of a promotion was not. The court affirmed the district court's grant of summary judgment on the discharge-related claims and reversed it on the promotion
• Young v. The City OF Houston
  906 F.2d 177· 5th Cir.· 1990-07-20 ·cited 10×
  The court held that the plaintiff was entitled to a jury determination on his age discrimination claim, reversing the directed verdict on that issue, but affirmed the dismissal of his sex and race discrimination claims.
• Nestor del Carmen v. Emerson Elec. Co.
  908 F.2d 158· 7th Cir.· 1990-07-19 ·cited 10×
  The court held that the district court abused its discretion in denying the motion for relief from judgment because the record lacked sufficient evidence of dilatory conduct or contumacious behavior to warrant dismissal.
• Nestor Ayala Serrano v. Cruz Lebron Gonzalez
  909 F.2d 8· 1st Cir.· 1990-07-18 ·cited 10×
  The court held that the amendment adding the prison officer as a defendant related back to the original complaint under Rule 15(c), the officer was not entitled to qualified immunity, and the district court had subject matter jurisdiction.
• Al-Amin Hunafa v. Murphy
  907 F.2d 46· 7th Cir.· 1990-07-10 ·cited 10×
  The court held that summary judgment for the prison officers was improper because the record did not sufficiently establish that the prison's policy of serving pork on trays, even with a substitute, was reasonably related to legitimate penological objectives, and the balance betw
• Smithfield Concerned Citizens FOR Fair Zoning v. The Town OF Smithfield
  907 F.2d 239· 1st Cir.· 1990-07-02 ·cited 10×
  A facial substantive due process challenge to a zoning ordinance is ripe for review upon enactment, and such an ordinance will be upheld if it is rationally related to a legitimate governmental objective.
• Ellery Cornelius Oliver v. Collins
  904 F.2d 278· 5th Cir.· 1990-06-28 ·cited 10×
  The court held that it had jurisdiction to hear the appeal despite the parties' agreement to appeal to the district court, as the appellees waived their right to enforce that agreement. The court affirmed in part and remanded for further findings regarding the need for a trial tr
• Woods v. Thieret
  903 F.2d 1080· 7th Cir.· 1990-06-07 ·cited 10×
  The court held that Illinois Department of Corrections rules do not create a liberty interest in avoiding temporary confinement, thus no due process violation occurred. However, a genuine issue of material fact exists regarding whether the inmate was denied food, requiring remand
• Paul E. Bettencourt, M.D. v. Bd. OF Registration IN Med. OF the Commonwealth OF Mass.
  904 F.2d 772· 1st Cir.· 1990-05-31 ·cited 10×
  The court held that Younger abstention was appropriate, requiring dismissal of the federal action due to the pending state judicial review of the medical license revocation.
• Rodriguez-Garcia v. Davila
  904 F.2d 90· 1st Cir.· 1990-05-22 ·cited 10×
  The court held that the dismissals of appellants by PRMMI, a private corporation after its sale, did not constitute state action, thus affirming the grant of summary judgment on their civil rights claims.
• Prather v. Norman
  901 F.2d 915· 11th Cir.· 1990-05-18 ·cited 10×
• Barry v. Fowler
  902 F.2d 770· 9th Cir.· 1990-05-10 ·cited 10×
  The court held that a directed verdict was proper because the officer had probable cause to arrest for auto tampering, and thus no Fourth Amendment violation occurred. However, the award of attorneys' fees to the defendant was reversed as the plaintiff's action was not frivolous.
• Koster v. Perales
  903 F.2d 131· 2d Cir.· 1990-05-10 ·cited 10×
  The court affirmed the district court's judgment, holding that both State and County defendants could be held jointly and severally liable for attorney's fees under 42 U.S.C. § 1988, as the plaintiffs were prevailing parties who achieved some of the benefits sought through litiga
• Finlator v. Powers
  902 F.2d 1158· 4th Cir.· 1990-05-10 ·cited 10×
  The court held that non-exempt parties have standing to challenge a state tax exemption for Holy Bibles, and that the exemption violates the Establishment Clause and the Free Press Clause of the Constitution.
• Allen v. Higgins
  902 F.2d 682· 8th Cir.· 1990-05-04 ·cited 10×
  The court held that the defendant was not entitled to qualified immunity, but the attorney's fee award was excessive given the plaintiff's limited success.
• White v. Sergeant Roper
  901 F.2d 1501· 9th Cir.· 1990-05-01 ·cited 10×
  The court held that the officers used only reasonable force to retake custody of the inmate, and therefore, no constitutional injury occurred.
• Debro Siddig Abdul-Akbar v. Watson
  901 F.2d 329· 3d Cir.· 1990-04-20 ·cited 10×
  The court held that the district court erred in dismissing the inmate's claims as frivolous and in issuing an injunction barring future filings without proper consideration of the inmate's access to the courts. The injunction was vacated and the case remanded.