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

• Terry L. Davis for the Estate of Ronald D. Davis v. The City OF Ellensburg
  869 F.2d 1230· 9th Cir.· 1989-03-01 ·cited 10×
  The court held that the plaintiffs failed to produce significantly probative evidence of a municipal policy or custom that caused the decedent's death, and the City's supervision was not deliberately indifferent.
• Capone v. Marinelli
  868 F.2d 102· 3d Cir.· 1989-02-23 ·cited 10×
  An officer who reasonably relies on a bulletin establishing the existence of an arrest warrant is entitled to qualified immunity for unlawful arrest and prosecution.
• Remo Benigni v. City OF Hemet
  868 F.2d 307· 9th Cir.· 1989-02-14 ·cited 10×·via 42 U.S.C. § 1983 Liability
  The court held that the City of Hemet and its police officers did not preserve all their challenges to the jury instructions and that sufficient evidence supported the jury's verdict on the various constitutional claims, affirming the judgment.
• Howlett v. Rose
  537 So. 2d 706· Fla. 2d DCA· 1989-02-01 ·cited 10×
  The question of a state's sovereign immunity to an action brought in state court under 42 U.S.C. § 1983 is a matter of state law, and Florida has not waived its sovereign immunity for such actions except as provided by statute for traditional tort actions.
• DeSisto Coll., Inc. v. Town of Howey-In-The-Hills
  706 F. Supp. 1479· M.D. Fla.· 1989-01-23 ·cited 10×
  The court found that the undisputed facts supported summary judgment, as the town's zoning actions were not based on irrational prejudice but on legitimate concerns about the intensive use of residential property by the college.
• Wofford v. Glynn Brunswick Mem'l Hosp.
  864 F.2d 117· 11th Cir.· 1989-01-23 ·cited 10×
  The court held that an internal personnel manual did not create a constitutionally protected property interest for at-will employees, as state law governs the creation of such interests and Georgia law generally permits at-will termination.
• Vigliotto v. Terry
  865 F.2d 1131· 9th Cir.· 1989-01-19 ·cited 10×
  The court held that a temporary three-day deprivation of an inmate's legal materials, without fault of the defendants, does not rise to a constitutional deprivation of access to the courts, and general allegations of harassment are insufficient to state an Eighth Amendment claim.
• Swapshire v. Baer
  865 F.2d 948· 8th Cir.· 1989-01-18 ·cited 10×
  The court held that a state court judgment affirming an administrative discharge decision has preclusive effect in a federal civil rights action, and that jury instructions on intentional discrimination were proper.
• Tyler v. Black
  865 F.2d 181· 8th Cir.· 1989-01-12 ·cited 10×
  The court held that the use of boxcar doors on Level I cells constitutes cruel and unusual punishment in violation of the Eighth Amendment.
• Front Royal & Warren Cnty. Indus. Park Corp. v. Town OF Front Royal
  865 F.2d 77· 4th Cir.· 1989-01-09 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that an order striking a defense of absolute legislative immunity is immediately appealable because it conclusively determines the disputed question, resolves an important issue separate from the merits, and is effectively unreviewable on appeal from a final judgme
• Holt v. Ford
  862 F.2d 850· 11th Cir.· 1989-01-04 ·cited 10×
• Walters v. W. State Hosp.
  864 F.2d 695· 10th Cir.· 1988-12-29 ·cited 10×
  The court held that genuine issues of material fact existed regarding whether the defendants acted reasonably and exercised professional judgment in an emergency situation, precluding summary judgment based on qualified immunity.
• Fraternal Order OF Police Hobart Lodge # 121, Inc. v. City OF Hobart
  864 F.2d 551· 7th Cir.· 1988-12-29 ·cited 10×
  The court held that an otherwise constitutional ordinance, even if enacted with retaliatory political motives, cannot be invalidated based solely on the legislators' illicit motive, absent invidious discrimination or singling out specific groups.
• Edwards v. Baer
  863 F.2d 606· 8th Cir.· 1988-12-19 ·cited 10×·via 42 U.S.C. § 1983 Liability
  An officer making an arrest based on a facially valid warrant, even if later found invalid, is entitled to qualified immunity if their actions were objectively reasonable. A municipality is not liable for an employee's violation if its policy, if followed, would have prevented th
• DeWayne Moore v. Thieret
  862 F.2d 148· 7th Cir.· 1988-12-02 ·cited 10×
  The appeal from the denial of a preliminary injunction is dismissed as moot because the plaintiff has been transferred to another prison and there is no indication he is likely to be returned to the original prison.
• Doherty v. S. Coll. OF Optometry
  862 F.2d 570· 6th Cir.· 1988-12-01 ·cited 10×
  The court held that a student with a handicap is not 'otherwise qualified' if they cannot meet essential program requirements, and that a university can change academic standards if reasonable and not arbitrary.
• Ramirez v. Rivera-Dueno
  861 F.2d 328· 1st Cir.· 1988-11-17 ·cited 10×
  The court held that the 1984 agreement was not a settlement agreement or consent decree, and therefore the district court erred in denying the defendants' motion for a trial.
• Delbra LEE v. Cnty. OF Cook
  862 F.2d 139· 7th Cir.· 1988-11-14 ·cited 10×
  The court held that the plaintiff failed to allege a property interest protectible by the due process clause, as neither a manager's policy nor supervisor's assurances created a legitimate claim of entitlement to continued employment.
• Donnie Lair v. Oglesby
  859 F.2d 605· 8th Cir.· 1988-10-20 ·cited 10×
  A prisoner's claim of deliberate indifference to known medical needs based on allegations of continued prescription of a drug after notice of an allergic reaction states a claim for relief under § 1983.
• DOE v. Hennepin Cnty.
  858 F.2d 1325· 8th Cir.· 1988-10-06 ·cited 10×
  The court affirmed the lower court's decision, finding that the appellees are protected by qualified immunity despite potential due process concerns.
• Washington v. Starke
  855 F.2d 346· 6th Cir.· 1988-08-26 ·cited 10×
  The court held that officers were entitled to qualified immunity because their conduct did not violate clearly established law, and that the dismissal of pendent state claims was proper after the federal claim was dismissed.
• Clark v. Link
  855 F.2d 156· 4th Cir.· 1988-08-16 ·cited 10×
  A Section 1983 claim cannot be based solely on a violation of state law; a federal right must be implicated. The deputies are entitled to qualified immunity because no federal right was violated.
• Kendrix M. Easley v. Univ. OF Mich. Bd. OF Regents
  853 F.2d 1351· 6th Cir.· 1988-08-11 ·cited 10×
  The court held that while the district court's rulings on the merits were not erroneous, a remand was necessary for an evidentiary hearing to determine if the judge's affiliations with the law school created an appearance of partiality, requiring disqualification.
• Hatch v. Lane
  854 F.2d 981· 7th Cir.· 1988-08-10 ·cited 10×
  The court held that the district court's dismissal order, which allowed the plaintiff to file an amended complaint, was not a final decision and therefore not appealable under 28 U.S.C. § 1291.
• Vaughn v. Willis
  853 F.2d 1372· 7th Cir.· 1988-07-22 ·cited 10×
  The court held that the district court did not err in admitting an unavailable witness' deposition and excluding an impeaching letter, and that any error in jury instructions was harmless.
• Elnora Sorey v. A. Boyd Kellett, M.D.
  849 F.2d 960· 5th Cir.· 1988-07-18 ·cited 10×
  The court held that a denial of qualified immunity under Mississippi law is immediately appealable under the collateral order doctrine because Mississippi law provides an immunity from suit, not merely a defense to liability.
• Davis v. Little
  851 F.2d 605· 2d Cir.· 1988-07-12 ·cited 10×
  The court held that the magistrate correctly applied the Fourth Amendment's reasonableness standard to the officer's use of deadly force, even though the incident occurred before the Supreme Court's decision in Tennessee v. Garner, and affirmed the damages award.
• Easter House v. Felder
  852 F.2d 901· 7th Cir.· 1988-07-08 ·cited 10×
  The court held that a random and unauthorized intentional deprivation of property by state employees does not violate the Fourteenth Amendment if meaningful post-deprivation remedies are available in state court.
• Lewis v. Warden Woods
  848 F.2d 649· 5th Cir.· 1988-07-07 ·cited 10×
  The court held that a de minimis property loss does not violate constitutional rights, and negligent acts do not implicate the Due Process Clause, but dismissals should be without prejudice to state law claims.
• Nash v. Delbert Chandler
  848 F.2d 567· 5th Cir.· 1988-06-30 ·cited 10×
  The court held that while the district court properly awarded attorney's fees to prevailing plaintiffs, the State of Texas, having intervened solely to defend a statute's constitutionality, cannot be held jointly and severally liable for those fees.
• Frazier v. Coughlin
  850 F.2d 129· 2d Cir.· 1988-06-29 ·cited 10×
  The court held that the district court erred by failing to consider all of the plaintiff's claims when dismissing the complaint, and that claims based on rules not properly filed may be valid if the plaintiff lacked notice.
• Moreton Rolleston, Jr. v. Judge Frank M. Eldridge
  848 F.2d 163· 11th Cir.· 1988-06-27 ·cited 10×
  The court held that a judge is protected by judicial immunity for actions taken in a judicial capacity, even if procedural errors occurred, and that federal courts should not review state court decisions.
• Brown v. United States
  851 F.2d 615· 3d Cir.· 1988-06-21 ·cited 10×
  The court held that the record was insufficient to determine the qualified immunity claim and that mandamus was not appropriate, thus remanding for further proceedings.
• Lani Soules v. Kauaians FOR Nukolii Campaign Comm.
  849 F.2d 1176· 9th Cir.· 1988-06-14 ·cited 10×
  The court held that appellants' equal protection claim for equitable relief was barred by laches, and a Section 1983 damage action was not available for bypassed equitable remedies. The court reversed the award of sanctions against the appellants.
• Byrne v. Roemer
  847 F.2d 1130· 5th Cir.· 1988-06-13 ·cited 10×
  The court held that the prisoner was not entitled to a stay of execution because his section 1983 claim, based on the premise that a Louisiana statute unconstitutionally limited his federal right to seek Supreme Court review, lacked merit. The federal statute does not grant the a
• Berl v. Cnty. OF Westchester
  849 F.2d 712· 2d Cir.· 1988-06-08 ·cited 10×
  The court held that the district court's finding that plaintiffs were unqualified for promotion at the female correctional facility was clearly erroneous, as the county failed to meet its burden of proving they would not have been promoted absent discriminatory motive.
• Robert Barnes (86-6261) & Joe Thompson (87-5776) v. McDOWELL
  848 F.2d 725· 6th Cir.· 1988-06-07 ·cited 10×
  The court held that while state administrative findings of sexual harassment may have preclusive effect on the justification for discharge, they do not preclude a federal claim that the discharge was motivated by retaliation for protected speech. The court also held that an emplo
• Robison v. Canterbury Vill., Inc.
  848 F.2d 424· 3d Cir.· 1988-06-03 ·cited 10×
  The court held that a private developer's actions as a landlord are not state action, but actions as a de facto employer of municipal employees may be, requiring remand. A corporation and its president cannot conspire under § 1985(3).
• P. Sidney Neuwirth, D.D.S. v. La. State Bd. OF Dentistry
  845 F.2d 553· 5th Cir.· 1988-05-23 ·cited 10×·via 42 U.S.C. § 1983 Action
  The dissenting judge argues that the majority opinion unnecessarily reached the merits of the case, which should have been dismissed due to a pleading defect.
• Donald v. Sheriff Wilson
  847 F.2d 1191· 6th Cir.· 1988-05-16 ·cited 10×
  Federal Rule of Evidence 403 cannot be used to limit the introduction of past criminal convictions for impeachment purposes in a civil trial, as Rule 609 exclusively governs this issue.
• Wozniak v. Cnty. OF DuPAGE
  845 F.2d 677· 7th Cir.· 1988-04-21 ·cited 10×·via Section 1983
  The court held that the Wozniaks' Section 1983 claims were barred by res judicata and collateral estoppel, as the issues and claims could have and were litigated in the prior state court mandamus action. The court affirmed the district court's grant of summary judgment.
• Hammond v. Waldo Bales and Roger Hammond
  843 F.2d 1320· 10th Cir.· 1988-04-08 ·cited 10×
  A prosecutor is absolutely immune from suit for actions taken within the scope of his prosecutorial duties, including offering to dismiss criminal charges in exchange for a release of civil liability, provided the agreement is voluntary and the prosecutor has legitimate reasons f
• Campo v. The NEW York City Emps'. Ret. Sys. & The City of N.Y.
  843 F.2d 96· 2d Cir.· 1988-03-31 ·cited 10×
  The availability of state court remedies, specifically Article 78 proceedings, satisfies the procedural due process requirements of the Fourteenth Amendment, even if an administrative hearing was not provided.
• Huxall v. First State Bank
  842 F.2d 249· 10th Cir.· 1988-03-24 ·cited 10×
  The court held that a plaintiff alleging property deprivation without due process must demonstrate they were denied a meaningful opportunity to be heard or avail themselves of available state remedies.
• Cosby v. Ward
  843 F.2d 967· 7th Cir.· 1988-03-14 ·cited 10×
  The court held that federal courts have jurisdiction to hear claims that state administration of unemployment programs violates federal law or the Constitution, even if individual benefit determinations are subject to state review.
• Stern v. Honorable Robert N.C. NIX, Jr.
  840 F.2d 208· 3d Cir.· 1988-02-29 ·cited 10×
  The district court lacked subject matter jurisdiction under the Rooker-Feldman doctrine because the appellant was impermissibly seeking to review and reverse a final judgment of a state court in a judicial proceeding.
• Function Junction, Inc. v. City of Daytona Beach
  705 F. Supp. 544· M.D. Fla.· 1988-01-27 ·cited 10×
  The court held that Daytona Beach Zoning Ordinance No. 81-292 is a constitutional time, place, and manner restriction on adult theaters, serving a substantial governmental interest in combating urban blight and promoting redevelopment, and allowing for ample alternative channels
• Damien Marino v. Ameruso
  837 F.2d 45· 2d Cir.· 1988-01-08 ·cited 10×
  The court held that the availability of adequate state procedures to correct an administrative law judge's evidentiary error means a plaintiff has not been denied procedural due process.
• Higley v. Mich. Dep't OF Corr.
  835 F.2d 623· 6th Cir.· 1987-12-15 ·cited 10×
  The court held that applying Michigan's tolling statute to a prisoner's § 1983 claim is inconsistent with federal law and policy, and thus the claim was properly dismissed as time-barred.
• Glick v. Woodson D. Walker
  834 F.2d 709· 8th Cir.· 1987-12-04 ·cited 10×
  The court held that the Department's policy did not create a liberty interest and that the lack of intent to deprive the inmate of any interest defeated his section 1983 action. Furthermore, a failure to properly classify an inmate under state law does not constitute a constituti