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

• Coleman v. de Minico
  730 F.2d 42· 1st Cir.· 1984-03-23 ·cited 10×
  The court held that the trial court did not abuse its discretion in admitting expert testimony, even if based on incomplete or speculative facts, as long as the jury was properly instructed on weighing credibility.
• Rowland v. MAD River Local Sch. Dist.
  730 F.2d 444· 6th Cir.· 1984-03-22 ·cited 10×
  The court held that a school teacher's termination solely for stating her sexual preference, when that statement became a matter of public concern and was found by a jury to be the cause of termination, violates her First and Fourteenth Amendment rights.
• Berard v. State OF Vt. Parole Bd.
  730 F.2d 71· 2d Cir.· 1984-03-06 ·cited 10×
  A prisoner has no legitimate expectation of release on parole warranting due process protection if the state parole statute does not create such an expectation through specific language, and the parole board retains discretionary authority.
• Justine A. Higdon v. Metro. Dade Cnty.
  446 So. 2d 203· Fla. 3d DCA· 1984-02-28 ·cited 10×
  The estate of Benny Higdon, killed during a Miami riot, sued Dade County and City of Miami officials for failing to prevent violence or warn the community. The court affirmed dismissal of all claims, holding that the Constitution does not guarantee a right to police protection an
• Giles Edward Chapman v. Musich
  726 F.2d 405· 8th Cir.· 1984-02-01 ·cited 10×
  A public defender performing traditional adversarial functions does not act under color of state law for purposes of a § 1983 claim.
• Caleb Stowe Assocs., Ltd. v. Cnty. OF Albemarle
  724 F.2d 1079· 4th Cir.· 1984-01-11 ·cited 10×
  The court held that abstention was required because the plaintiffs' federal claims depended on the construction of state land use law, which should be decided by state courts first.
• Flittie v. Erickson
  724 F.2d 80· 8th Cir.· 1983-12-28 ·cited 10×
  The court held that the plaintiff's claims for injunctive and declaratory relief were rendered moot by a subsequent parole hearing, and the claim for damages was abandoned.
• Robles v. T.A. Coughlin
  725 F.2d 12· 2d Cir.· 1983-12-27 ·cited 10×
  Sua sponte dismissal of pro se prisoner complaints prior to service of process is disfavored when the complaints allege cognizable claims under 42 U.S.C. § 1983.
• Len Terry Jackson v. Torres
  720 F.2d 877· 5th Cir.· 1983-12-05 ·cited 10×
  A Section 1983 action challenging the duration of confinement must be treated as a habeas corpus matter and requires exhaustion of federal habeas corpus remedies.
• Jackson v. Temple Univ. OF the Commonwealth Sys. OF Higher Educ.
  721 F.2d 931· 3d Cir.· 1983-11-29 ·cited 10×
  The court held that a public employee's claim under the NLRA should be dismissed for lack of subject matter jurisdiction, not on statute of limitations grounds, and affirmed the dismissal of the employee's due process claim under 42 U.S.C. § 1983.
• Johnson v. Stark
  717 F.2d 1550· 8th Cir.· 1983-10-03 ·cited 10×
  The court held that a pro se litigant's claims regarding denial of work release, time-served credit, and access to courts were frivolous and properly dismissed because they lacked factual support and did not allege deprivation of a constitutionally protected liberty interest.
• R.I. Handicapped Action Comm. v. R.I. Pub. Transit Auth.
  718 F.2d 490· 1st Cir.· 1983-09-29 ·cited 10×
  The court held that section 504 of the Rehabilitation Act does not authorize courts to order affirmative action in the form of requiring transit authorities to purchase wheelchair lifts for buses, especially when the authority complies with federal regulations. The court reversed
• Wermager v. Cormorant Twp. Bd.
  716 F.2d 1211· 8th Cir.· 1983-09-23 ·cited 10×
  The court held that the Wermagers did not possess a vested right to develop their land into smaller lots, and the zoning ordinance was validly applied.
• Brooks v. Ashtabula Cnty. Welf. Dep't
  717 F.2d 263· 6th Cir.· 1983-09-01 ·cited 10×
  The court held that the district court erred in misapplying the Burdine standard by impermissibly shifting the burden of persuasion to the defendants and in presuming discrimination from unwritten policies. The court also found a factual error regarding wage disparity.
• Logan v. Hollier
  711 F.2d 690· 5th Cir.· 1983-08-11 ·cited 10×
  The court held that a mother's claim under 42 U.S.C. § 1983 for the wrongful death of her child may be cognizable independently of state wrongful death statutes.
• Webb v. Arresting Officers
  713 F.2d 405· 8th Cir.· 1983-08-08 ·cited 10×
  The court held that a plaintiff can recover on a theory of liability not explicitly pleaded if the facts support it and it does not prejudice the defendant, specifically applying the duty to intervene in a civil rights action.
• Dalton v. T.D. Hutto
  713 F.2d 75· 4th Cir.· 1983-08-03 ·cited 10×
  A prison guideline that prohibits an inmate from calling witnesses who will not voluntarily appear violates due process because it effectively denies the inmate's right to call witnesses.
• Howell v. State BAR OF Tex.
  710 F.2d 1075· 5th Cir.· 1983-08-01 ·cited 10×·via 42 U.S.C. § 1983 Action
• McCOY v. Judge Marcus D. Gordon
  709 F.2d 1060· 5th Cir.· 1983-07-22 ·cited 10×
  The court held that appeals deemed frivolous and insubstantial may be dismissed sua sponte, and that certain claims against Jailor Brown were not frivolous.
• Bowens v. N.C. Dep't OF Human Res. & Dr. Sarah Morrow
  710 F.2d 1015· 4th Cir.· 1983-06-23 ·cited 10×
• Peterson v. Babbitt
  708 F.2d 465· 9th Cir.· 1983-06-14 ·cited 10×
  The court held that the district court did not abuse its discretion in dismissing the § 1983 complaint based on abstention principles in domestic relations matters.
• Griffen v. BIG Spring Indep. Sch. Dist.
  706 F.2d 645· 5th Cir.· 1983-06-09 ·cited 10×
  The court held that the Texas 'wrong court' tolling statute applied, saving the plaintiff's claim from the statute of limitations, and that the State Board's procedures were inadequate to give its findings collateral estoppel effect.
• Washington v. NEW York City Bd. OF Estimate
  709 F.2d 792· 2d Cir.· 1983-06-03 ·cited 10×
  A pro se claimant should not be deemed to waive a jury trial demand without being informed of their constitutional right and the necessity of a written demand.
• Dickerson v. Pritchard
  706 F.2d 256· 8th Cir.· 1983-05-11 ·cited 10×
  The court held that the trial court did not err in resubmitting inconsistent verdicts to the jury for correction, nor in its handling of jury instructions in counsel's absence.
• Wilkerson v. Maggio
  703 F.2d 909· 5th Cir.· 1983-04-25 ·cited 10×
  The court held that the conditions of the petitioner's confinement did not constitute cruel and unusual punishment under the Eighth Amendment.
• Calvin Coolidge Green and wife v. Francis
  705 F.2d 846· 6th Cir.· 1983-04-22 ·cited 10×
  The court held that there was sufficient evidence to support the jury's verdict and that the damages awarded were not excessive, affirming the district court's decision except for a modification of attorney fees.
• Taylor v. The City OF ST. Louis
  702 F.2d 695· 8th Cir.· 1983-03-15 ·cited 10×
  The court affirmed the district court's judgment, finding no evidence of intentional racial discrimination and upholding the bid bond requirement as constitutional.
• Garcia v. Univ. OF Kan.
  702 F.2d 849· 10th Cir.· 1983-03-09 ·cited 10×
  The court held that the most appropriate Kansas statute of limitations for a civil rights action under 42 U.S.C. §§ 1981 and 1983 is K.S.A. § 60-513, which governs actions for injury to the rights of another.
• Major D.M. Edwards v. Brown
  699 F.2d 1073· 11th Cir.· 1983-03-07 ·cited 10×
  The dissenting judge would interpret city ordinances to provide a right to trial for sworn employees, similar to non-sworn employees.
• Wilmore v. The City OF Wilmington
  699 F.2d 667· 3d Cir.· 1983-02-09 ·cited 10×
  The court held that the district court erred in finding that racially discriminatory assignments to administrative jobs did not create barriers to professional development and did not contribute to the disparate impact of promotion tests.
• ASH v. Bd. OF Educ. OF the Woodhaven Sch. Dist.
  699 F.2d 822· 6th Cir.· 1983-02-07 ·cited 10×
  Even if teachers had a property interest, they received all the process due them, and the court's analysis of the property interest itself was flawed.
• Siano v. Justices OF Massachusetts
  698 F.2d 52· 1st Cir.· 1983-01-21 ·cited 10×
  A prosecutor is absolutely immune from civil liability for actions taken in initiating a prosecution and presenting the state's case, and a claim against state Justices for affirming a conviction, even if erroneous, does not state a constitutional claim actionable under § 1983.
• Lewis Serv. Ctr., Inc. v. Mack Fin. Corp.
  696 F.2d 66· 8th Cir.· 1982-12-27 ·cited 10×
  The court held that the Nebraska temporary order procedure in replevin actions, as interpreted to require an immediate post-seizure hearing upon debtor request, satisfies due process requirements.
• Spartacus, Inc. v. Borough OF McKEES Rocks
  694 F.2d 947· 3d Cir.· 1982-12-10 ·cited 10×
  The court affirmed the district court's denial of a preliminary injunction because the appellants failed to demonstrate a reasonable probability of success on the merits or irreparable harm.
• Owens-El v. Warden William Robinson and James Jennings Appeal of Kenneth Owens-El
  694 F.2d 941· 3d Cir.· 1982-12-09 ·cited 10×
  A pro se litigant, even if successful in a civil rights action, cannot recover attorney's fees under 42 U.S.C. § 1988.
• Gregorio Lopez v. E.G. Reyes
  692 F.2d 15· 5th Cir.· 1982-11-26 ·cited 10×
  Summary judgment for the defendant deputy sheriffs was correctly awarded because there were no genuine issues of material fact regarding the plaintiff's claims of constitutional violations and his classification as a high-risk prisoner.
• Slavin v. Curry
  690 F.2d 446· 5th Cir.· 1982-11-01 ·cited 10×
  The court held that the district court did not err in denying the request for court-appointed counsel, denying the motion for a new trial based on a post-trial polygraph test, or in its finding that the trial transcript had not been altered.
• Andrade v. City OF Phoenix & Lawrence Wetzel
  692 F.2d 557· 9th Cir.· 1982-10-12 ·cited 10×
  The court held that the district court, not the agencies, must determine if disciplinary action would have been taken absent the impermissible ground, and that the Mt. Healthy standard is inappropriate if no constitutional right is implicated.
• Mozell and Delores Brooks v. Walker Cnty. Hosp. Dist.
  688 F.2d 334· 5th Cir.· 1982-10-04 ·cited 10×
  The court held that Pullman abstention was appropriate because the scope of the state constitutional entitlement to free medical services was unclear and required interpretation by Texas courts.
• GUY v. Mohave Cnty.
  701 F.2d 73· 9th Cir.· 1982-09-29 ·cited 10×
  The court held that former sheriffs deputies classified as employees terminable at will, based on Arizona law and county regulations, did not possess a property interest in continued employment sufficient to trigger Fourteenth Amendment due process rights to a termination hearing
• Strama v. Paul Q. Peterson, M.D.
  689 F.2d 661· 7th Cir.· 1982-09-16 ·cited 10×
  The court held that while attorneys' fees are recoverable under 42 U.S.C. § 1988, the hourly rate for lead counsel should not be increased beyond his usual billing rate, and multipliers are not justified in this case.
• Bonsignore v. The City OF NEW York
  683 F.2d 635· 2d Cir.· 1982-06-15 ·cited 10×
  The court held that the City could be held liable for negligence in failing to adequately screen police officers for fitness to carry guns, and that this negligence was the proximate cause of the plaintiff's injuries, even though the immediate cause was the officer's own actions.
• Friarton Ests. Corp. v. The City OF NEW York
  681 F.2d 150· 2d Cir.· 1982-06-07 ·cited 10×
  The court held that the plaintiffs' claims were barred by res judicata due to prior state court litigation of the same issues, including constitutional claims.
• Kilgore v. City OF Mansfield
  679 F.2d 632· 6th Cir.· 1982-06-03 ·cited 10×
  The court held that the one-year statute of limitations for malicious prosecution and false imprisonment under Ohio law applies to a 42 U.S.C. § 1983 claim.
• Birch v. Honorable Earl J. Mazander
  678 F.2d 754· 8th Cir.· 1982-05-20 ·cited 10×
  A judge is immune from liability for damages if acting within jurisdiction and performing judicial acts, and equitable relief requires irreparable harm and lack of adequate legal remedy.
• Harris v. Polly Conradi
  675 F.2d 1212· 11th Cir.· 1982-05-13 ·cited 10×
  The court held that the district court erred in granting summary judgment because the plaintiffs failed to demonstrate how the disparity in appointing election officials impaired their constitutional rights, and the district court improperly disregarded state court interpretation
• Hays v. Jefferson Cnty.
  673 F.2d 152· 6th Cir.· 1982-03-10 ·cited 10×
  The court denied petitions for rehearing, concluding the issues were fully considered. The dissenting judges argued the case should have been reconsidered en banc due to significant questions regarding municipal liability standards.
• Hughes v. Blankenship
  672 F.2d 403· 4th Cir.· 1982-03-03 ·cited 10×
  Police officers are not liable under 42 U.S.C. § 1983 for a shooting death if their actions were not taken pursuant to a government policy or custom, and they individually possess qualified immunity unless they acted with malicious intent or gross negligence.
• Hervie L. Daniels and Hervie Daniels, Jr. v. Gilbreath
  668 F.2d 477· 10th Cir.· 1982-01-13 ·cited 10×
• Prosise v. Haring
  667 F.2d 1133· 4th Cir.· 1981-12-30 ·cited 10×
  A guilty plea does not preclude a subsequent § 1983 claim for an illegal search and seizure if the issue was not actually litigated, as the defendant may lack sufficient incentive to litigate suppression issues in the state criminal proceeding.