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

• Bartel Dental Books Co., Inc. v. Schultz
  786 F.2d 486· 2d Cir.· 1986-03-12 ·cited 10×
  The court held that Bartel's claims were frivolous due to a prior release, and Mapleton's claims were barred by issue and claim preclusion, affirming the grant of summary judgment and imposition of sanctions.
• Hendrix v. Matlock
  782 F.2d 1273· 5th Cir.· 1986-02-18 ·cited 10×
  The jury instructions on excessive force were not erroneous because they accurately reflected the established standard for individual officer liability under Section 1983.
• Smith v. Winter
  782 F.2d 508· 5th Cir.· 1986-02-12 ·cited 10×
  The court held that the claims for injunctive and declaratory relief were moot, but the claim for damages under 42 U.S.C. § 1983 against local appellees for violating First Amendment rights was properly stated.
• Longoria v. City OF BAY City
  779 F.2d 1136· 5th Cir.· 1986-01-08 ·cited 10×
  The court held that the appellants' cause of action accrued more than two years before they filed their lawsuit, barring their claim under the statute of limitations.
• Delmar Dennis v. Warren
  779 F.2d 245· 5th Cir.· 1985-12-30 ·cited 10×
  The court affirmed the district court's judgment, holding that the deputy sheriff's actions constituted a violation of federal law under 42 U.S.C. § 1983 and that the sheriff was liable under state law for the deputy's conduct.
• Brooks v. Seiter
  779 F.2d 1177· 6th Cir.· 1985-12-30 ·cited 10×
  The court held that the district court erred in dismissing the prisoners' pro se complaint as frivolous, as it did not appear beyond doubt that they could prove no set of facts entitling them to relief.
• Clayton v. White Hall Sch. Dist.
  778 F.2d 457· 8th Cir.· 1985-11-26 ·cited 10×
  The court held that the plaintiff lacked standing because her alleged economic injury was not within the zone of interests protected by the civil rights laws, and that the district court did not err in denying leave to amend.
• Booker v. City OF Atlanta
  776 F.2d 272· 11th Cir.· 1985-11-15 ·cited 10×
  Summary judgment for the city is reversed because the officer's involvement may constitute state action and the city's actual practice might facilitate repossessions despite stated neutrality. Summary judgment for the officer is affirmed due to his good faith immunity.
• Dozier v. Loop Coll.
  776 F.2d 752· 7th Cir.· 1985-11-06 ·cited 10×
  The court held that a student seeking federal financial aid cannot claim a constitutional right to a subsidized education or equal protection based on his father's refusal to disclose financial information.
• Rhode v. Rathell Denson & San Jacinto Cnty.
  776 F.2d 107· 5th Cir.· 1985-11-05 ·cited 10×
  An elected constable's tortious acts, even if unconstitutional, do not establish county policy for purposes of § 1983 liability if the constable lacks the discretion to set policy for the county.
• Curry v. A.H. Robins Co.
  775 F.2d 212· 7th Cir.· 1985-10-21 ·cited 10×
  The court held that the plaintiff's claims were barred by the statute of limitations and that the award of attorney's fees to the defendant for defending a frivolous civil rights claim was proper.
• Wright v. NO Skiter Inc.
  774 F.2d 422· 10th Cir.· 1985-10-02 ·cited 10×
  The court held that a plaintiff's claim of retaliation for filing a prior lawsuit, under 42 U.S.C. § 1985(2), raises a factual issue precluding summary judgment, but a claim under § 1983 based on a unilateral expectation of a state contract preference is not actionable.
• Bohn v. Cnty. OF Dakota: Shirley L. Utzinger
  772 F.2d 1433· 8th Cir.· 1985-09-11 ·cited 10×
  The court held that the available administrative review procedures, including those under the Minnesota Administrative Procedure Act and Data Practices Act, provided adequate due process, and that alleged misrepresentations by state officials did not rise to the level of a consti
• Deck v. Lenzie L. Leftridge, Jr.
  771 F.2d 1168· 8th Cir.· 1985-09-03 ·cited 10×
  The court held that while allegations of conspiracy between public defenders and judges may state a claim under § 1983, the plaintiff's allegations lacked the necessary specificity and factual support to suggest a "meeting of the minds."
• L & H Sanitation, Inc. v. Lake City Sanitation, Inc.
  769 F.2d 517· 8th Cir.· 1985-08-09 ·cited 10×
  The court held that the state action immunity doctrine barred the antitrust claims and that the appellants failed to state a due process claim because they lacked a protected property interest under Arkansas law.
• Murphy v. Mo. Dep't OF Corr.
  769 F.2d 502· 8th Cir.· 1985-08-02 ·cited 10×
  A prisoner's transfer motivated by retaliation for exercising First Amendment rights states a valid claim under 42 U.S.C. § 1983, and dismissal as frivolous is an abuse of discretion.
• Vippolis v. The Vill. OF Haverstraw & the Haver straw Vill. Police Dep't
  768 F.2d 40· 2d Cir.· 1985-07-16 ·cited 10×
  A plaintiff must prove the existence of a municipal policy or custom and an affirmative link between that policy and the deprivation of constitutional rights to establish municipal liability under 42 U.S.C. § 1983.
• Friends OF Child., Inc. v. Matava
  766 F.2d 35· 1st Cir.· 1985-07-02 ·cited 10×
  A federal court may abstain from hearing a case involving state family law, and claims of arbitrary state action do not automatically trigger constitutional violations.
• Magno J. Ortega v. O'Connor
  764 F.2d 703· 9th Cir.· 1985-06-27 ·cited 10×
  The court held that the search of Ortega's office violated his Fourth Amendment rights, but his state law claims were barred by procedural requirements.
• Burkhart v. Randles
  764 F.2d 1196· 6th Cir.· 1985-06-18 ·cited 10×
  The court held that the trial court committed reversible error by failing to adequately instruct the jury on the due process claim regarding a name-clearing hearing and by refusing to instruct the jury on punitive damages. The court also reversed the dismissal of Knox County as a
• Rock v. Roy McCOY & the City of Checotah
  763 F.2d 394· 10th Cir.· 1985-06-07 ·cited 10×
  The court held that a city can be liable under 42 U.S.C. § 1983 for grossly negligent failure to train police officers, and that the jury's award of damages was not excessive.
• Wells v. Rushing
  760 F.2d 660· 5th Cir.· 1985-05-20 ·cited 10×
  The court denied the petition for rehearing, affirming its prior decision. Issues not raised below or on appeal, or issues relied upon by the appellant in prior proceedings, cannot be raised for the first time on rehearing.
• Johnson v. Treen
  759 F.2d 1236· 5th Cir.· 1985-05-13 ·cited 10×
  The court held that a prisoner's claim of inadequate medical care under the Eighth Amendment requires proof of deliberate indifference to a serious medical need, and the plaintiff failed to raise a genuine issue of material fact to support this claim.
• Adultworld Bookstore dba Reliable Enters., Inc. v. The City OF Fresno
  758 F.2d 1348· 9th Cir.· 1985-04-26 ·cited 10×
  The court held that the district court erred in abstaining under Younger v. Harris, as the plaintiff had not violated the ordinance before filing suit and the circumstances did not present a 'race to the courthouse' scenario. The court also found that the plaintiff had shown seri
• Otto Pollnow v. Glennon
  757 F.2d 496· 2d Cir.· 1985-03-12 ·cited 10×
  School officials are entitled to qualified immunity if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.
• Shelton v. City OF Coll. Station
  754 F.2d 1251· 5th Cir.· 1985-03-11 ·cited 10×
  Summary judgment was improvidently granted because genuine issues of material fact exist regarding whether the zoning board's denial of a variance was arbitrary and discriminatory, and whether individual defendants were entitled to qualified immunity.
• O'Neal v. City OF HOT Springs Nat'l Park
  756 F.2d 61· 8th Cir.· 1985-02-28 ·cited 10×
  The court held that the city did not violate the employee's substantive or procedural due process rights by terminating her employment after she was charged with armed robbery, and that she was not entitled to damages or attorney fees.
• Shanks v. City OF Dallas
  752 F.2d 1092· 5th Cir.· 1985-02-15 ·cited 10×
  The court held that an order denying class certification, even if based on lack of standing for injunctive relief, is not immediately appealable under 28 U.S.C. § 1292(a)(1) unless it has the practical effect of denying an injunction and causes serious, irreparable harm that can
• Hurd v. Capt. Dave Williams
  755 F.2d 306· 3d Cir.· 1985-02-06 ·cited 10×
  The court held that the prison's 'publishers only' rule for receiving printed materials is a rational response to security concerns, and the plaintiff failed to demonstrate a genuine issue of material fact regarding an exaggerated security risk.
• Chiz's Motel & Rest., Inc. v. Miss. State TAX Comm'n
  750 F.2d 1305· 5th Cir.· 1985-01-21 ·cited 10×
  The Eleventh Amendment, sovereign immunity, and quasi-judicial immunity bar the plaintiff's action in federal court.
• Vandenplas v. City OF Muskego
  753 F.2d 555· 7th Cir.· 1985-01-21 ·cited 10×
  The court held that claims barred by res judicata from prior state court proceedings were properly dismissed, and that the jury verdict on excessive force was supported by the evidence.
• Anne Powers v. Lightner
  752 F.2d 1251· 7th Cir.· 1985-01-16 ·cited 10×
  Pretrial denials of qualified immunity are not immediately appealable interlocutory orders.
• Brooks v. Warden Mike Dutton
  751 F.2d 197· 6th Cir.· 1985-01-08 ·cited 10×
  The court held that while the district court erred in denying the inmate's motion to proceed in forma pauperis, the sua sponte dismissal of the complaint as frivolous was proper because the inmate failed to exhaust available state remedies for his property loss claim.
• Carter v. Jacobsen
  748 F.2d 487· 8th Cir.· 1984-11-20 ·cited 10×
  The court held that the sufficiency of the evidence supporting the jury verdict will not be reviewed on appeal absent a motion for directed verdict or judgment notwithstanding the verdict, and that the admission of evidence cannot be reviewed without a trial transcript.
• SIU v. Johnson
  748 F.2d 238· 4th Cir.· 1984-11-20 ·cited 10×
  The court held that the university's denial of tenure and promotion to a probationary professor did not violate her constitutional rights to due process or equal protection, even if administrators did not fully defer to peer faculty recommendations.
• Teresa Diane P. v. Alief Indep. Sch. Dist.
  744 F.2d 484· 5th Cir.· 1984-10-22 ·cited 10×
  The court held that Diane's claim, asserting a constitutional right infringement by conditioning education on parental counseling, is not an independent constitutional claim but rather an assertion that the state misread the EAHCA. Such claims are not cognizable under 42 U.S.C. §
• Edgar v. Inland Steel Co.
  744 F.2d 1276· 7th Cir.· 1984-09-21 ·cited 10×
  Employees cannot sue their employer for withholding federal income taxes, nor can they recover under 42 U.S.C. § 1983 for actions taken under federal law.
• Marshall v. Norwood
  741 F.2d 761· 5th Cir.· 1984-09-14 ·cited 10×·via Section 1983
  A prisoner's claim of negligent or intentional deprivation of property by state officials is not actionable under Section 1983 if the state provides an adequate post-deprivation remedy.
• Holmes v. Jones
  738 F.2d 711· 5th Cir.· 1984-08-20 ·cited 10×
  The court held that the plaintiff was collaterally estopped from litigating his federal claims because the issues were actually litigated and decided in a prior state court proceeding.
• Haley v. Wyrick
  740 F.2d 12· 8th Cir.· 1984-08-07 ·cited 10×
  The court held that the plaintiff waived the issue of inadequate damages by failing to preserve it in the trial court through a motion for a new trial.
• Gingras v. Lloyd
  740 F.2d 210· 2d Cir.· 1984-08-03 ·cited 10×
  The court held that the district court's award of attorney's fees must be vacated and remanded because it was unclear from the record what specific facts or findings supported the determination that the plaintiffs were prevailing parties.
• Gargiul v. Tompkins
  739 F.2d 34· 2d Cir.· 1984-07-06 ·cited 10×
  Federal courts must give prior state court proceedings the same preclusive effect under § 1983 as the state courts themselves would afford them, as mandated by the Full Faith and Credit Statute.
• Rubie Rogers v. Robert Okin, M.D.
  738 F.2d 1· 1st Cir.· 1984-06-14 ·cited 10×
  State law recognition of substantive and procedural rights for involuntarily committed mental patients creates a liberty interest protected under the Fourteenth Amendment, even if those state rights exceed federal constitutional minimums.
• Bailey v. Turner
  736 F.2d 963· 4th Cir.· 1984-06-07 ·cited 10×
  The court held that the lower court erred in instructing the jury on the good faith defense, as the defendant's actions violated clearly established law and thus the defense was not available.
• Lumbert v. Morgan M. Finley
  735 F.2d 239· 7th Cir.· 1984-05-16 ·cited 10×
  The court held that a state prisoner's section 1983 action seeking damages and a transcript is not barred by the habeas corpus exclusivity rule, and that the clerk of court fulfilled his statutory duty under Illinois Supreme Court Rule 607(b) by releasing the transcript to a pris
• Hinkle v. Christensen
  733 F.2d 74· 8th Cir.· 1984-05-02 ·cited 10×
  The court held that the evidence was sufficient to support the jury's finding that the teacher was dismissed due to her union activities, and that the district court did not err in denying the school district's motions for a directed verdict and judgment notwithstanding the verdi
• Longoria v. B.T. Wilson
  730 F.2d 300· 5th Cir.· 1984-04-23 ·cited 10×
  The court held that the district court erred by failing to conduct an evidentiary hearing on the post-judgment settlement dispute and vacated the judgment on that issue, remanding for further proceedings. Other claims of error were found to be harmless.
• J.L. Ford v. Allen
  728 F.2d 1369· 11th Cir.· 1984-03-30 ·cited 10×
  The court held that a district court has the statutory authority to impose the entire responsibility for producing a state prison inmate for a federal trial on the U.S. Marshal.
• Lewis Mann, D.O. v. Joseph E. Cannon, M.D.
  731 F.2d 54· 1st Cir.· 1984-03-29 ·cited 10×
  The court held that the jury could reasonably find that exigent circumstances justified the warrantless search and seizure of the plaintiff's property, and that the plaintiff's arrest was supported by probable cause, thus affirming the denial of judgment n.o.v. on these claims.
• Arebaugh v. Governor John Dalton
  730 F.2d 970· 4th Cir.· 1984-03-28 ·cited 10×
  The court held that the district court's grant of summary judgment was premature because the defendants failed to meet their burden of establishing a good faith defense.