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

• S-1 & S-2 v. C.D. Spangler, Jr.
  832 F.2d 294· 4th Cir.· 1987-11-02 ·cited 10×
  The court held that the appeal is moot due to a settlement, and therefore vacates the district court's order and remands for dismissal of the action, except for the ancillary claim for costs and attorney's fees.
• Valiant-Bey v. Morris
  829 F.2d 1441· 8th Cir.· 1987-09-29 ·cited 10×
  The court held that the district court erred in dismissing claims that prison officials wrongfully confiscated a memorandum and discriminated in handling mail from a religious organization, but did not err in dismissing the overbreadth claim.
• Derstein v. van Buren
  828 F.2d 653· 10th Cir.· 1987-09-14 ·cited 10×
  The court held that the Garcia decision, which established a two-year statute of limitations for § 1983 claims, should not be applied retroactively to this case where the cause of action accrued before Garcia but the suit was filed after Garcia.
• Ruefly v. Landon
  825 F.2d 792· 4th Cir.· 1987-08-13 ·cited 10×
  The court held that a prisoner's amended complaint alleging negligence by prison officials in failing to protect him from another inmate does not state a claim for cruel and unusual punishment under the Eighth Amendment.
• Jones v. Preuit & Mauldin
  822 F.2d 998· 11th Cir.· 1987-07-24 ·cited 10×
  The judge issuing a writ of attachment must have discretion to inquire into the veracity of the creditor's allegations, not just facial sufficiency, to satisfy constitutional due process requirements.
• Leaman v. Ohio Dep't OF Mental Retardation & Dev. Disabilities
  825 F.2d 946· 6th Cir.· 1987-07-23 ·cited 10×
  The court held that the plaintiff's voluntary election to sue in the Ohio Court of Claims constituted a waiver of her federal claims against state employees, as the Ohio statute provided a reasonable alternative forum and remedy.
• Wolfel v. Holbrook
  823 F.2d 970· 6th Cir.· 1987-07-21 ·cited 10×
  The court held that admitting evidence of a prisoner's willingness to submit to an inconclusive polygraph examination, and interrogating another witness about their refusal to take one, was improper and prejudicial.
• Braden L. Albert v. Carovano
  824 F.2d 1333· 2d Cir.· 1987-07-21 ·cited 10×
  The court held that the district court erred in dismissing the students' claims for failure to establish state action, finding sufficient evidence to raise a factual dispute regarding whether the state coerced or significantly encouraged the college's disciplinary actions.
• Murray S. Jacobson v. Vill. OF Northbrook Mun. Corp.
  824 F.2d 567· 7th Cir.· 1987-07-20 ·cited 10×
  The court held that federal courts should abstain from hearing cases where state court proceedings are ongoing, absent specific exceptions, to avoid interfering with state judicial processes.
• Archie v. City OF Racine
  826 F.2d 480· 7th Cir.· 1987-07-14 ·cited 10×
  The court held that a dispatcher's deliberate refusal to provide a state-mandated emergency service, resulting in death, constitutes an abuse of power actionable under 42 U.S.C. § 1983 as a violation of the Fourteenth Amendment's Due Process Clause.
• J.A. Croson Co. v. City OF Richmond
  822 F.2d 1355· 4th Cir.· 1987-07-09 ·cited 10×
  The dissenting judge argues that the affirmative action ordinance is constitutional, satisfying both the compelling governmental interest and narrowly tailored prongs of review.
• Olson v. Tyler
  825 F.2d 1116· 7th Cir.· 1987-07-08 ·cited 10×
  The court affirmed the jury verdict, holding that the plaintiff waived his right to appeal the jury instructions and that his claims regarding the omission of facts from the arrest warrant affidavit were not properly preserved for appeal.
• Eades v. Thompson
  823 F.2d 1055· 7th Cir.· 1987-06-24 ·cited 10×
  The court held that the plaintiff stated a claim under the Eighth Amendment for deliberate indifference to serious medical needs, but not under the Fourteenth Amendment for due process or equal protection. The court also found that denying the plaintiff's third request to amend h
• Edwards v. Dist. OF Columbia
  821 F.2d 651· D.C. Cir.· 1987-06-12 ·cited 10×
  The court held that 42 U.S.C. § 1437p does not unambiguously create a duty for public housing authorities to refrain from abandoning premises while demolition applications are pending, and thus does not create enforceable tenant rights under § 1983.
• Sanders v. Wash. Metro. Area Transit Auth.
  819 F.2d 1151· D.C. Cir.· 1987-05-29 ·cited 10×
  WMATA is immune from suit for claims challenging its drug testing policy as a governmental function, and negligent termination claims are barred by the grievance and arbitration process.
• Rakovich v. Wade
  819 F.2d 1393· 7th Cir.· 1987-05-22 ·cited 10×
  The court held that while the jury's finding of liability for a First Amendment violation was supported by evidence, the compensatory and punitive damage awards were excessive and must be reconsidered.
• Tillie Nicholson v. Gant
  816 F.2d 591· 11th Cir.· 1987-05-07 ·cited 10×
  The court held that a public employee with permanent status under a county handbook has a property interest in continued employment, entitling them to due process, and that terminating an employee for refusing to engage in political speech violates the First Amendment.
• Pressly v. Hutto
  816 F.2d 977· 4th Cir.· 1987-04-28 ·cited 10×
  Summary judgment was inappropriate because a genuine dispute of material fact exists regarding whether the defendant prison official acted with deliberate indifference to a known risk of harm to the inmate.
• Cowan v. Corley
  814 F.2d 223· 5th Cir.· 1987-04-13 ·cited 10×
  The court held that the plaintiff's allegations sufficiently stated claims under the Sherman Antitrust Act, RICO, and § 1983, and that dismissal was premature.
• Ballinger v. N.C. Agric. Extension Serv.
  815 F.2d 1001· 4th Cir.· 1987-04-09 ·cited 10×
  The court held that the appellant failed to establish a prima facie case of discrimination under Title VII or ADEA, and that there was no evidence of conspiracy under 42 U.S.C. § 1985(3), thus affirming the grant of summary judgment.
• Ohse v. Hughes
  816 F.2d 1144· 7th Cir.· 1987-04-01 ·cited 10×
  The court should remand the issue of absolute judicial immunity for fact-finding, as the judges may not have acted within their judicial jurisdiction.
• Sandidge v. The State OF Wash.
  813 F.2d 1025· 9th Cir.· 1987-03-31 ·cited 10×
  The court held that the case is moot because no effective relief can be granted and, alternatively, that the action is not reviewable under the Mindes factors due to lack of exhaustion and significant interference with military functions.
• United States v. State OF Wash.
  813 F.2d 1020· 9th Cir.· 1987-03-31 ·cited 10×
  The court held that the Indian tribes' treaty interpretation claims do not give rise to a claim cognizable under 42 U.S.C. § 1983, and therefore do not support an award of attorneys' fees under 42 U.S.C. § 1988.
• Fusco v. The State OF Conn.
  815 F.2d 201· 2d Cir.· 1987-03-26 ·cited 10×
  The court held that plaintiffs failed to state a claim under 42 U.S.C. § 1983 because they did not allege a deprivation of a constitutionally protected property interest.
• Sherpell v. Humnoke Sch. Dist. NO. 5 OF Lonoke Cnty.
  814 F.2d 538· 8th Cir.· 1987-03-24 ·cited 10×
  The court held that it lacks jurisdiction to review the district court's order because it requires the parties to submit a plan for approval, making the appeal premature.
• Carolan v. City OF Kan. City
  813 F.2d 178· 8th Cir.· 1987-03-06 ·cited 10×
  The court held that appellants did not have a constitutionally protected property interest in the occupancy certificate because they failed to comply with the requirements for its issuance, thus affirming summary judgment.
• Pryzina v. LEY
  813 F.2d 821· 7th Cir.· 1987-03-04 ·cited 10×
  The court held that the action was barred by the Tax Injunction Act and the principle of comity, and that judicial and prosecutorial defendants were immune from liability.
• Jackson v. Franklin Cnty. Sch. Bd.
  806 F.2d 623· 5th Cir.· 1986-12-24 ·cited 10×
  The court held that the school district violated James Jackson's due process rights and the Education for All Handicapped Children Act (EHA) by failing to provide proper notice and a hearing before excluding him from school.
• Brown v. Frey
  806 F.2d 801· 8th Cir.· 1986-12-05 ·cited 10×
  The court held that dismissing a pro se plaintiff's complaint with prejudice for failure to comply with a pretrial order, without a clear record of delay or contumacious conduct, constitutes an abuse of discretion.
• Collins v. Cnty. OF Kendall
  807 F.2d 95· 7th Cir.· 1986-12-03 ·cited 10×
  The court held that the plaintiffs failed to allege sufficient facts to support an inference of bad faith prosecution, thus the district court properly abstained under the Younger doctrine.
• Elder v. Highlands Cnty. Bd. of Cnty. Comm'rs
  497 So. 2d 1334· Fla. 2d DCA· 1986-11-26 ·cited 10×
  A county is a 'person' subject to suit under 42 U.S.C. § 1983, and the trial court erred in dismissing the claim without proper analysis of Monell.
• Guillory v. ST. Landry Parish Police Jury
  802 F.2d 822· 5th Cir.· 1986-10-20 ·cited 10×
  The court affirmed the district court's judgment, finding no error in the application of legal standards or factual findings regarding race discrimination, due process, First Amendment retaliation, or state law claims.
• Ira Jackson, Jr. v. Dallas Police Dep't
  811 F.2d 260· 5th Cir.· 1986-10-17 ·cited 10×
  The court held that the district court did not abuse its discretion in denying the appointment of counsel for a section 1983 claim, and that the appeal was not frivolous.
• Felipa Monreal Rodriguez v. Handy
  802 F.2d 817· 5th Cir.· 1986-10-17 ·cited 10×
  The court held that an appeal from an order granting attorney's fees without calculating the amount is premature and nonappealable when the merits of the case have been settled.
• Leal v. Krajewski
  803 F.2d 332· 7th Cir.· 1986-10-14 ·cited 10×
  The court held that the prior state court summary judgment barred the federal suit under Indiana's claim preclusion doctrine.
• Maney v. Brinkley Mun. Waterworks & Sewer Dep't (Arkansas)
  802 F.2d 1073· 8th Cir.· 1986-10-10 ·cited 10×
  The court held that while discrimination was found, the constructive discharge claims for two employees were not supported by the evidence, thus vacating their awards for back pay and reinstatement.
• Nelson v. Balazic
  802 F.2d 1077· 8th Cir.· 1986-10-10 ·cited 10×
  Parole board members are entitled to absolute immunity for parole decisions, while parole officers are entitled to qualified immunity for their actions.
• Stones v. LOS Angeles Cmty. Coll. Dist.
  796 F.2d 270· 9th Cir.· 1986-08-01 ·cited 10×
• Gahr v. Trammel
  796 F.2d 1063· 8th Cir.· 1986-07-24 ·cited 10×
  Federal courts must give preclusive effect to state court judgments in § 1983 actions if the state proceedings provided a full and fair opportunity to litigate the claims, barring Gahr's constitutional claims.
• Ridgway v. Wapello Cnty.
  795 F.2d 646· 8th Cir.· 1986-07-08 ·cited 10×
  The court held that the Supreme Court's decision in Wilson v. Garcia should not be applied retroactively to bar the plaintiff's § 1983 action.
• Westborough Mall, Inc. v. City OF Cape Girardeau
  794 F.2d 330· 8th Cir.· 1986-06-17 ·cited 10×
  The court held that erroneous jury instructions regarding the automatic reverter, the availability of post-deprivation remedies, and the definition of "official policy" prejudiced the appellants' procedural due process claim, requiring reversal.
• Hernandez v. George
  793 F.2d 264· 10th Cir.· 1986-06-17 ·cited 10×
  The appellate court reversed a final judgment for the defendants, finding that the trial court erred in denying the plaintiffs' requested jury instruction regarding the truck driver's duty of care.
• Holloway v. A.L. Lockhart
  792 F.2d 760· 8th Cir.· 1986-06-11 ·cited 10×
  The court held that the district court erred in dismissing the inmate's pro se complaint for failure to state a claim, as it alleged a deprivation of property without due process.
• Johnston v. Lucas
  786 F.2d 1254· 5th Cir.· 1986-04-11 ·cited 10×
  The court held that liability under the Eighth Amendment for failure to protect inmates requires a showing of deliberate indifference, not mere negligence. The court reversed the judgment against prison officials for the 1981 stabbing due to lack of evidence of deliberate indiffe
• Sowell's Meats & Servs., Inc. v. McSWAIN
  788 F.2d 226· 4th Cir.· 1986-04-11 ·cited 10×
  The court held that Sowell, as a disappointed bidder, lacked standing to challenge the school district's procurement procedures under federal and state law.
• Marks v. Parra
  785 F.2d 1419· 9th Cir.· 1986-04-01 ·cited 10×
  The court held that the Arizona statute of limitations for personal injury claims, tolled by imprisonment, applies to 42 U.S.C. § 1983 actions, and the plaintiff's claim was timely filed.
• Harris v. Mo. Court OF Appeals
  787 F.2d 427· 8th Cir.· 1986-03-28 ·cited 10×
  The court held that state courts and their judges are immune from suit under 42 U.S.C. § 1983, and federal courts lack jurisdiction to review state court judgments.
• Fredrick C. Lyons v. Lt. Jackie Goodson
  787 F.2d 411· 8th Cir.· 1986-03-27 ·cited 10×
  A complaint is considered 'filed' for statute of limitations purposes when it is lodged with the court, even if it technically fails to comply with local rules.
• Fitzgerald v. Williamson
  787 F.2d 403· 8th Cir.· 1986-03-26 ·cited 10×
  The court held that the defendants' actions, even if intended to terminate the parental relationship, did not violate the plaintiffs' substantive or procedural due process rights because the juvenile court procedures were substantially complied with and state law provided adequat
• Brown v. Hous. Auth. OF the City OF McRAE
  784 F.2d 1533· 11th Cir.· 1986-03-25 ·cited 10×
  The dissenting judge would hold that the complaint adequately alleges a § 1983 action because the Housing Act creates enforceable rights for tenants and lacks comprehensive enforcement mechanisms that would preclude § 1983.