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

• Jane DOE "A" v. The Special Sch. Dist. OF ST. Louis Cnty.
  901 F.2d 642· 8th Cir.· 1990-04-17 ·cited 10×
  The court held that the evidence did not support a finding that individual defendants had notice of a pattern of unconstitutional acts or were deliberately indifferent, nor did it establish a custom of deliberate indifference by the District, thus affirming summary judgment.
• Jonathan Cowan, Ph.D. v. Univ. OF Louisville Sch. OF Med.
  900 F.2d 936· 6th Cir.· 1990-04-10 ·cited 10×
  The Eleventh Amendment bars claims against the University of Louisville, and federal claims against individual defendants acting in their official capacities are barred by qualified immunity. State law claims are remanded for clarification.
• Sammie Kelley, Jr. v. McGINNIS
  899 F.2d 612· 7th Cir.· 1990-04-05 ·cited 10×
  The court held that the district court erred by entering summary judgment against a pro se prisoner without providing him notice of the conversion of dismissal motions into summary judgment motions and an opportunity to respond.
• Schepp v. Fremont Cnty.
  900 F.2d 1448· 10th Cir.· 1990-03-30 ·cited 10×
  The court held that a motion to add a judge as a defendant was futile due to judicial immunity and mootness of the declaratory judgment claim, and that summary judgment for the county was proper as there was no evidence of deliberate indifference or a constitutional violation reg
• Oberndorf v. The City & Cnty. OF Denver: The City Council of the City & Cnty. of Denver
  900 F.2d 1434· 10th Cir.· 1990-03-29 ·cited 10×
  The court held that the defendants were immune from antitrust liability under the state action doctrine and the Noerr-Pennington doctrine, and that the civil rights claims failed because the urban renewal plan was rationally related to a legitimate public purpose.
• Lafonda Fay Foster v. Kassulke
  898 F.2d 1144· 6th Cir.· 1990-03-22 ·cited 10×
  Federal courts must abstain from intervening in pending state criminal proceedings, even on appeal, unless extraordinary circumstances exist.
• Wolf v. Larson
  897 F.2d 1409· 7th Cir.· 1990-03-16 ·cited 10×
  A plaintiff must establish a property interest, a legitimate claim of entitlement, to prevail under the due process clause in the employment context. A village ordinance combining the clerk and collector roles, without more, does not create a property interest in the collector po
• Conner v. City OF Santa ANA
  897 F.2d 1487· 9th Cir.· 1990-03-01 ·cited 10×
  The dissenting judge argues that the second warrantless entry to abate a nuisance was reasonable and did not violate the Fourth Amendment, and that the officials involved are entitled to qualified immunity.
• Durrett v. Hous. Auth. OF the City OF Providence
  896 F.2d 600· 5th Cir.· 1990-02-14 ·cited 10×
  The court held that denial of a consent decree providing injunctive relief is appealable under 28 U.S.C. § 1292(a)(1) if it has serious consequences, and that the district court abused its discretion by refusing to approve a comprehensive settlement agreement in a public housing
• Lewis v. Parish OF Terrebonne
  894 F.2d 142· 5th Cir.· 1990-02-12 ·cited 10×
  The court held that the jury's finding of deliberate indifference was supported by evidence, the punitive damage award was valid, and qualified immunity did not apply. However, the case was remanded for determination of pre-death compensatory damages.
• Native Vill. OF Noatak v. Hoffman
  896 F.2d 1157· 9th Cir.· 1990-02-12 ·cited 10×
  The dissenting judge would affirm the district court's dismissal for lack of a substantial federal question, finding the federal claims frivolous and insubstantial.
• Nelsen v. King Cnty.
  895 F.2d 1248· 9th Cir.· 1990-02-09 ·cited 10×
  The court should have considered statistical evidence to determine the probability of future harm, even if not quantitatively over fifty percent.
• Francis John Forster, M.D. v. Cnty. OF Santa Barbara
  896 F.2d 1146· 9th Cir.· 1990-02-07 ·cited 10×
  The court held that police officers are qualifiedly immune from suit for damages arising from an arrest or search if a reasonably well-trained officer would have believed the affidavit established probable cause, and that Dr. Forster had no reasonable expectation of privacy regar
• Narvaez v. Nazario
  895 F.2d 38· 1st Cir.· 1990-02-05 ·cited 10×
  The court held that the plaintiff's letters did not effectively toll the statute of limitations for her Section 1983 claim.
• O'Connor v. The City & Cnty. OF Denver
  894 F.2d 1210· 10th Cir.· 1990-01-29 ·cited 10×
  The court held that the plaintiffs abandoned their claim regarding the revised code and thus lacked standing to challenge it, and that the First Amendment was not implicated by the closure of the theaters due to public indecency.
• Collard v. Ky. Bd. OF Nursing
  896 F.2d 179· 6th Cir.· 1990-01-17 ·cited 10×
  The court held that the one-year statute of limitations for personal injury actions under Ky. Rev. Stat. § 413.140(1)(a) applies to 42 U.S.C. § 1983 claims in Kentucky, and the plaintiff's action was untimely.
• DiANGELO v. Ill. Dep't OF Pub. AID
  891 F.2d 1260· 7th Cir.· 1989-12-18 ·cited 10×
  Appointments of counsel in civil cases do not automatically transfer to the appellate tribunal upon appeal, and an Anders brief is not required before granting permission to withdraw from such an appointment.
• Williams v. Hatcher
  890 F.2d 993· 7th Cir.· 1989-12-13 ·cited 10×
  The court held that a party seeking to revive a lost right to appeal under Rule 60(b)(6) must demonstrate diligence, which the defendant failed to do.
• Ryan v. Burlington Cnty.
  889 F.2d 1286· 3d Cir.· 1989-11-21 ·cited 10×
  The Board members are not entitled to absolute immunity because they were acting in a managerial capacity, not a legislative one, when administering the jail. They are also not entitled to qualified immunity because the rights Ryan alleged were violated were clearly established a
• Hedge v. Cnty. OF Tippecanoe
  890 F.2d 4· 7th Cir.· 1989-11-17 ·cited 10×
  Individual defendants are entitled to qualified immunity because the right to privacy from sexually explicit pre-employment polygraph questions was not clearly established at the time. However, the County is not entitled to qualified immunity.
• Dellenbach v. Letsinger
  889 F.2d 755· 7th Cir.· 1989-11-14 ·cited 10×
  State judges and court personnel are entitled to absolute judicial immunity for actions taken within their judicial capacity, even if those actions are erroneous or in excess of authority, as long as they are not in the clear absence of all jurisdiction.
• Horton v. Charles
  889 F.2d 454· 3d Cir.· 1989-11-14 ·cited 10×
  The court held that the evidence was sufficient to support a liability judgment against the City and Sergeant Dlubak, as the victim was in state custody or the death resulted from an official policy. The Supreme Court's decision in DeShaney did not compel a judgment notwithstandi
• Acosta-Sepulveda v. Hernandez-Purcell
  889 F.2d 9· 1st Cir.· 1989-11-08 ·cited 10×
  The court held that the plaintiff received adequate procedural due process, but that her termination was politically motivated, violating her First Amendment rights.
• Long Island Lighting Co. v. Town OF Brookhaven
  889 F.2d 428· 2d Cir.· 1989-11-08 ·cited 10×
  Federal courts lack jurisdiction to hear challenges to state real property taxes when adequate state remedies exist, due to the Tax Injunction Act and the principle of comity.
• Davis Harris v. Milwaukee Cnty. Cir. Court & David V. Jennings, Jr.
  886 F.2d 982· 7th Cir.· 1989-10-13 ·cited 10×
  A notice of appeal filed before a post-dated final judgment becomes effective is treated as timely filed.
• Watson v. Ark. Nat'l Guard
  886 F.2d 1004· 8th Cir.· 1989-09-22 ·cited 10×
  Civilian courts cannot review intra-military personnel disputes, including claims for injunctive relief, due to the need to preserve military discipline and Congress's plenary authority over the military.
• Zambrano v. City OF Tustin
  885 F.2d 1473· 9th Cir.· 1989-09-21 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that sanctions for mere negligence in failing to join the district court bar are improper, and attorneys' fees can only be awarded for bad faith or willful disobedience.
• Lile v. The Univ. OF Iowa Hosps. & Clinics
  886 F.2d 157· 8th Cir.· 1989-09-19 ·cited 10×
  The court held that the Hospital could credit state-funded care towards its Hill-Burton obligation, and that patients need not specifically request Hill-Burton benefits if their inability to pay is otherwise indicated.
• Akil Al-Jundi v. The Est. OF Nelson Rockefeller
  885 F.2d 1060· 2d Cir.· 1989-09-15 ·cited 10×
  The court held that Governor Rockefeller's limited involvement in the decision to retake the prison did not rise to the level of personal responsibility required for section 1983 liability, and that the Estate was entitled to qualified immunity.
• Goodwin v. Metts
  885 F.2d 157· 4th Cir.· 1989-09-12 ·cited 10×
  The court held that the evidence did not justify the punitive damages award against Maxwell, but otherwise affirmed the district court's judgment.
• Babcock v. Tyler
  884 F.2d 497· 9th Cir.· 1989-09-06 ·cited 10×
  Washington Department of Social and Health Services caseworkers are entitled to absolute immunity for their actions taken in child dependency proceedings, including post-adjudication activities.
• Chathas v. Norbert Smith
  884 F.2d 980· 7th Cir.· 1989-09-05 ·cited 10×
  The court held that the officers had probable cause to arrest Ellis for examination and commitment, and that the search of Chathas was justified by a court order. However, the court also found that Chathas made a prima facie case of unreasonable seizure and that plaintiffs' Fourt
• Lieutenant Jeffrey McEVOY v. Shoemaker
  882 F.2d 463· 10th Cir.· 1989-08-11 ·cited 10×
  The court held that the plaintiff's letter complaining about internal department management and his own promotion denial was not a matter of public concern and thus not protected speech under the First Amendment.
• Tyniece Carpenter v. City OF ST. Petersburg
  547 So. 2d 339· Fla. 2d DCA· 1989-08-11 ·cited 10×
  Tyniece Carpenter appeals the dismissal of her negligent arrest complaint against the City of St. Petersburg and summary judgment against police officer Kenneth Kokotek. The court affirmed both dismissals, holding that the city enjoys sovereign immunity for negligent arrest and t
• Frank Rosenberg, Inc. v. Tazewell Cnty.
  882 F.2d 1165· 7th Cir.· 1989-08-11 ·cited 10×
  The court held that the plaintiff lacked standing because he did not suffer a personal injury fairly traceable to the defendant's conduct and redressable by the court.
• Flynn v. Merrick
  881 F.2d 446· 7th Cir.· 1989-08-07 ·cited 10×
  Shareholders lack standing to bring individual causes of action under RICO or for civil rights violations when their alleged injury is an indirect result of harm to the corporation.
• The Hoopa Valley Tribe v. Nevins
  881 F.2d 657· 9th Cir.· 1989-07-28 ·cited 10×
  The court held that federal law preempts California's timber yield tax on timber harvested from tribal lands, and that the tribe's claim for attorney's fees under 42 U.S.C. § 1988 was not cognizable under 42 U.S.C. § 1983.
• Messer v. Fran Curci
  881 F.2d 219· 6th Cir.· 1989-07-25 ·cited 10×
  The court should hold that the state's conduct violates the First Amendment and grant relief to the plaintiffs.
• In re Petition for Mandamus by Everett Mechem
  880 F.2d 872· 6th Cir.· 1989-07-25 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  A writ of mandamus is not the proper vehicle to challenge an order disqualifying counsel because such orders are not immediately appealable and can be reviewed on appeal of a final judgment.
• Kwame Kalimara v. Ill. Dep't OF Corr.
  879 F.2d 276· 7th Cir.· 1989-07-14 ·cited 10×
  The court held that the two-year Illinois personal injury statute of limitations applies to § 1983 claims, and the plaintiff's claim was untimely.
• Kanekoa v. City & Cnty. OF Honolulu
  879 F.2d 607· 9th Cir.· 1989-06-29 ·cited 10×
  The court held that the police department's detention of arrestees without presenting them to a neutral magistrate for a probable cause determination for an unreasonable length of time and for an impermissible purpose violated their constitutional rights.
• Murphy v. Jones
  877 F.2d 682· 8th Cir.· 1989-06-12 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a prisoner's subsequent civil rights action challenging a drug violation was barred by res judicata because it arose from the same nucleus of operative fact as a prior, settled action challenging a riot violation, even if the drug violation was not explicitly
• Lanier v. Fair
  876 F.2d 243· 1st Cir.· 1989-06-01 ·cited 10×
  The court held that while inmates have a liberty interest in remaining at a halfway house due to particularized state standards, the process afforded to Lanier was adequate. The court also held that Lanier did not have a constitutionally protected liberty interest in his reserve
• Ortega v. The City OF Kan. City
  875 F.2d 1497· 10th Cir.· 1989-05-31 ·cited 10×
  The court held that luring a suspect into a state for service of a facially valid warrant does not constitute a deprivation of extradition rights actionable under 42 U.S.C. § 1983.
• Harris v. Lt. Dennis R. Davis
  874 F.2d 461· 7th Cir.· 1989-05-08 ·cited 10×
  The court held that the admission of inflammatory evidence in a prisoner civil rights case was not harmless error, as it prejudiced the plaintiff's credibility.
• Chilingirian v. Boris
  882 F.2d 200· 6th Cir.· 1989-05-05 ·cited 10×
  The court held that the plaintiff, as a city attorney serving at the pleasure of the council, did not possess a property interest in continued employment and that the name-clearing hearing provided was constitutionally adequate.
• O'Brien v. City OF Greers Ferry
  873 F.2d 1115· 8th Cir.· 1989-05-01 ·cited 10×
  The court held that attorney's fees incurred prior to removal are not recoverable under § 1988 if they are the same as compensatory damages awarded, and that a plaintiff who rejects a Rule 68 offer of judgment and recovers less than the offer must pay the defendant's post-offer c
• Feagley v. Waddill
  868 F.2d 1437· 5th Cir.· 1989-04-04 ·cited 10×
  The denial of a motion for summary judgment based on qualified immunity is not appealable if disputed factual issues material to immunity are present, as it does not constitute a final judgment.
• Elzy v. Warden Roberson
  868 F.2d 793· 5th Cir.· 1989-03-30 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's § 1983 action was time-barred by Louisiana's one-year statute of limitations for delictual actions.
• Taylor v. Green
  868 F.2d 162· 5th Cir.· 1989-03-22 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that while a jury's verdict on damages is generally inviolate, nominal damages can be awarded when a constitutional right is violated but actual damages are not proven.