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

• Eugenio L. Rodriguez v. Holmes
  963 F.2d 799· 5th Cir.· 1992-06-24 ·cited 8×
  The court held that the statute of limitations for the pro se litigant's civil rights action was tolled during the pendency of his state court proceedings, and therefore the action was timely filed.
• Cross v. City OF DES Moines
  965 F.2d 629· 8th Cir.· 1992-05-28 ·cited 8×
  The court held that genuine issues of material fact exist regarding whether officers had consent or probable cause to enter the apartment, and whether exigent circumstances justified the entry.
• Monahan v. Dorchester Counseling Ctr., Inc.
  961 F.2d 987· 1st Cir.· 1992-04-15 ·cited 8×
  The court held that a voluntary mental health patient's claim of harm due to state negligence does not implicate the Constitution unless the state took an affirmative act to restrain the patient's liberty. Furthermore, 42 U.S.C. § 10841 is precatory and does not create enforceabl
• Chandler v. The City OF Dallas
  958 F.2d 85· 5th Cir.· 1992-04-09 ·cited 8×
  The court held that the district court's findings of fact and conclusions of law were insufficiently detailed to satisfy Federal Rule of Civil Procedure 52(a), preventing meaningful appellate review.
• Lynn C. Lowe, M.D. v. H. Denman Scott, M.D.
  959 F.2d 323· 1st Cir.· 1992-03-18 ·cited 8×
  The court held that the evidence was insufficient to establish a constitutionally protected property interest in the hospital privilege to supervise nurse midwives, affirming the directed verdict but on different grounds.
• Orlean Hopkins v. Andaya
  958 F.2d 881· 9th Cir.· 1992-03-05 ·cited 8×
  The court held that summary judgment was inappropriate because genuine issues of material fact existed regarding the reasonableness of the officer's use of deadly force, and the dismissal of the state wrongful death claim was also improper.
• Hall v. Ryan
  957 F.2d 402· 7th Cir.· 1992-02-28 ·cited 8×
  The court held that the defendants were not entitled to qualified immunity because a genuine issue of material fact existed regarding their deliberate indifference to the detainee's known suicidal risk, which violated clearly established constitutional rights.
• Apostol v. Eliot Landau
  957 F.2d 339· 7th Cir.· 1992-02-21 ·cited 8×
  Police officers are entitled to qualified immunity when they passively accompany a private attorney during the service and execution of a court order, as their conduct did not violate clearly established Fourth Amendment rights and they acted reasonably based on the information a
• Buckey v. Cnty. OF LOS Angeles
  968 F.2d 791· 9th Cir.· 1992-02-19 ·cited 8×
  The court held that the plaintiff should be allowed to amend her complaint to potentially state a claim for conspiracy under color of state law to deny due process and equal protection.
• Cartier v. Lussier
  955 F.2d 841· 2d Cir.· 1992-02-05 ·cited 8×
  The court held that the district court erred in denying summary judgment based on qualified immunity, as the corrected warrant affidavit still supported probable cause.
• Russo v. City OF Cincinnati
  953 F.2d 1036· 6th Cir.· 1992-01-15 ·cited 8×
  The City may be held liable for failure to adequately train its police officers in the use of deadly force against mentally disturbed individuals if the failure amounts to deliberate indifference.
• Jackson v. Cnty. OF McLEAN
  953 F.2d 1070· 7th Cir.· 1992-01-15 ·cited 8×
  The court held that the district court abused its discretion by denying the indigent prisoner's request for counsel under 28 U.S.C. § 1915(d), as the complexity of the legal issues and the need for expert testimony created a fundamental unfairness.
• Cusson-Cobb v. O'Lessker
  953 F.2d 1079· 7th Cir.· 1992-01-15 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that a plaintiff alleging political discrimination in public employment must present specific facts showing the decision-maker knew of their political affiliation, and conclusory allegations are insufficient to survive summary judgment.
• Jackson v. Johnson
  950 F.2d 263· 5th Cir.· 1992-01-09 ·cited 8×
  The court held that the district court erred in dismissing the civil rights lawsuit as time-barred without fully developing the factual record regarding Texas tolling doctrines.
• Bolden v. Se. Pa. Transp. Auth.
  953 F.2d 807· 3d Cir.· 1991-12-31 ·cited 8×
  The dissenting judge believes the Eleventh Amendment bars the action against SEPTA.
• Crawford-El v. Britton
  951 F.2d 1314· D.C. Cir.· 1991-12-27 ·cited 8×
  The court held that while the plaintiff's allegations of intent were sufficient to withstand a motion to dismiss based on qualified immunity, the complaint failed to allege actual injury to his constitutional right of access to the courts, thus not satisfying the heightened plead
• COX v. Miller Cnty. R-I Sch. Dist.
  951 F.2d 927· 8th Cir.· 1991-12-20 ·cited 8×
  The court held that there was insufficient evidence to show the plaintiff's constitutionally protected speech was a substantial factor in the decision to terminate his employment.
• Navarro-Ayala v. Hernandez-Colon
  951 F.2d 1325· 1st Cir.· 1991-12-18 ·cited 8×
  The suit is a class action even though the district court never formally certified the class under Federal Rule of Civil Procedure 23(c)(1) and gave no notice to class members, because the parties stipulated to class relief, the court entered judgment pursuant to the stipulation,
• Bettie Farr v. Gruber
  950 F.2d 399· 7th Cir.· 1991-12-04 ·cited 8×
  Elected officials are privileged to remove employees based on political considerations, and a reassessment of property does not constitute a penalty absent unfavorable treatment compared to legal entitlements or similar properties.
• Micolette M. Bruno v. City OF Crown Point
  950 F.2d 355· 7th Cir.· 1991-11-27 ·cited 8×
  Although an employer may ask applicants questions regarding family circumstances, if such questions are asked only of female applicants based on sex stereotypes, the plaintiff must prove the employer actually relied on gender in making the employment decision; here, Bruno failed
• Smith v. Shettle
  946 F.2d 1250· 7th Cir.· 1991-10-24 ·cited 8×
  Indiana law creates a protected liberty interest in not being placed in administrative segregation when it establishes closed-ended, definite criteria limiting official discretion, even without explicitly mandatory language; however, inmates must receive notice, an opportunity to
• Jermosen v. Smith
  945 F.2d 547· 2d Cir.· 1991-10-01 ·cited 8×
  The court held that prison officials were not entitled to qualified immunity because the prisoner's right to Wolff v. McDonnell procedural protections for a seven-day keeplock was clearly established at the time of the hearing.
• Elks Nat'l Found. v. Weber
  942 F.2d 1480· 9th Cir.· 1991-08-29 ·cited 8×
  Federal district courts lack subject matter jurisdiction over challenges to state court decisions, even if constitutional claims are alleged, and such claims are barred by res judicata if the issues were considered and decided by the state courts.
• Soc'y OF Separationists, Inc. v. Herman
  939 F.2d 1207· 5th Cir.· 1991-08-28 ·cited 8×
  The court held that a generic objection to making any formal declaration of truthfulness, without specifying the objectionable element, does not constitutionally excuse a witness from taking an oath or affirmation.
• Woods v. City OF Mich. City
  940 F.2d 275· 7th Cir.· 1991-08-15 ·cited 8×
  A state Superior Court judge is not a municipal official for purposes of § 1983 liability, and therefore a municipality cannot be held liable under § 1983 for the judge's actions even if those actions violate state law and deprive a person of liberty. Police officers are entitled
• Malvin W. Brubaker v. City OF Richmond
  943 F.2d 1363· 4th Cir.· 1991-08-08 ·cited 8×
  The court affirmed the district court's imposition of Rule 11 sanctions, finding that the plaintiffs' claims were not well-grounded in fact or warranted by existing law after reasonable inquiry.
• Ezekwo v. NYC Health & Hosps. Corp.
  940 F.2d 775· 2d Cir.· 1991-08-01 ·cited 8×
  A medical resident has a constitutionally protected property interest in a Chief Resident position when the institution has established a clear practice of rotating the position among all third-year residents and the resident has reasonably relied on that practice. When an instit
• Lorna Cassady v. Thurman Tackett
  938 F.2d 693· 6th Cir.· 1991-07-24 ·cited 8×
  A public official acting under color of state law may violate the Fourth Amendment by making threats of force that cause a person to reasonably believe she is not free to leave, even absent physical contact, if the threats foreseeably result in a seizure of the person; however, a
• Fernandez v. Gregorio Perez
  937 F.2d 368· 7th Cir.· 1991-07-19 ·cited 8×
  The court held that the arresting officer had probable cause to arrest the plaintiff, entitling him to qualified immunity, and that probable cause for arrest is an absolute bar to a § 1983 claim for malicious prosecution.
• Leffler v. Meer
  936 F.2d 981· 7th Cir.· 1991-07-12 ·cited 8×
  The court held that the district court did not abuse its discretion in reducing the plaintiffs' attorney's fees and denying Rule 11 sanctions, but vacated and remanded the award of attorney's fees to the Commissioners.
• Bell v. Stigers
  937 F.2d 1340· 8th Cir.· 1991-07-02 ·cited 8×
  The court should affirm the district court's decision because there was sufficient evidence of the jailer's deliberate indifference to the inmate's suicidal tendencies and the jail's safety regulations.
• Marine Maria Quives v. Campbell
  934 F.2d 668· 5th Cir.· 1991-07-01 ·cited 8×
  The court held that the plaintiff failed to state a claim for a constitutional violation, and therefore affirmed the district court's judgment without reaching the qualified immunity issue.
• Eugene Glick, M.D. v. McKay
  937 F.2d 434· 9th Cir.· 1991-06-21 ·cited 8×
  The Court held that Nevada's judicial bypass procedure for parental notification of abortion for minors is unconstitutional because it fails to meet the expediency requirement for a notice statute bypass.
• Lenora Daugherty v. Donal Campbell
  935 F.2d 780· 6th Cir.· 1991-06-10 ·cited 8×
  Prison visitors have a clearly established Fourth Amendment right to be free from visual body cavity searches absent a finding of reasonable suspicion that they are carrying contraband. By January 1988, multiple federal circuits had adopted the reasonable suspicion standard for s
• Gilmere v. City OF Atlanta
  931 F.2d 811· 11th Cir.· 1991-05-17 ·cited 8×
  The court held that the district court abused its discretion by failing to provide adequate reasoning for its attorney's fee and cost awards, necessitating a remand for further explanation.
• Matlock v. Barnes
  932 F.2d 658· 7th Cir.· 1991-05-15 ·cited 8×
  The court held that the jury's finding that the legal investigator position was not policymaking or confidential was supported by the evidence, and the emotional distress award was not excessive. The court also vacated judgments against individual officials as moot.
• Simkunas v. Tardi
  930 F.2d 1287· 7th Cir.· 1991-05-03 ·cited 8×
  The court held that the officers were entitled to qualified immunity because reasonable officers could have believed they had probable cause to arrest the plaintiff, even if some evidence was questionable.
• Earsel L. Johnson v. HAY
  931 F.2d 456· 8th Cir.· 1991-04-15 ·cited 8×
  The court held that the pharmacist was not entitled to summary judgment based on qualified immunity because a genuine issue of material fact existed as to whether his refusal to fill prescriptions violated clearly established law.
• Dixon v. Anderson
  928 F.2d 212· 6th Cir.· 1991-03-21 ·cited 8×
  The court held that the plaintiffs' claim of a continuing violation should have been evaluated by the lower court, and the case was not ripe for summary judgment.
• Farias v. Bexar Cnty. Bd. OF Trs. FOR Mental Health Mental Retardation Servs.
  925 F.2d 866· 5th Cir.· 1991-03-11 ·cited 8×
  The court held that the district court's denial of a jury trial motion was not reviewable because the order was too opaque and failed to demonstrate the exercise of discretion under Rule 39(b).
• Marisa A. Soderstrum v. Town OF Grand Isle
  925 F.2d 135· 5th Cir.· 1991-03-06 ·cited 8×
  The court held that the plaintiff received due process and that her First Amendment rights were not violated because her position as secretary to the police chief was confidential and required political loyalty.
• van Strum v. Lawn
  929 F.2d 1384· 9th Cir.· 1991-03-05 ·cited 8×
  The court held that the personal injury statute of limitations applies to Bivens claims, but Wilson v. Garcia should not be applied retroactively to bar claims that were timely under prior law.
• RUM Creek Coal Sales v. Honorable W. Gaston Caperton
  926 F.2d 353· 4th Cir.· 1991-02-25 ·cited 8×
  The court held that the district court erred in denying a preliminary injunction based on its misapprehension of the law regarding the Trespass Statute's proviso, and reversed the denial.
• Dennison v. Cnty. OF Frederick
  921 F.2d 50· 4th Cir.· 1990-12-19 ·cited 8×
  The court affirmed summary judgment for the County, holding that the plaintiff failed to establish a violation of a constitutionally protected right under the First or Fourteenth Amendments.
• Garner Gregory v. The City OF Rogers
  921 F.2d 750· 8th Cir.· 1990-12-12 ·cited 8×
  The court held that the state's affirmative act of removing the designated driver created a dangerous situation, potentially implicating a due process violation if the officers' conduct was reckless.
• Fialkowski v. Greenwich Home FOR Child., Inc.
  921 F.2d 459· 3d Cir.· 1990-12-06 ·cited 8×
  Summary judgment for the defendant was proper because the undisputed facts did not support a claim under the Due Process Clause or state tort law, as the defendant's duty of care was attenuated and did not rise to the level of gross negligence or deliberate indifference.
• Bennie Brewer v. Parkman
  918 F.2d 1336· 8th Cir.· 1990-11-15 ·cited 8×
  A public employee with a property interest in employment is entitled to a pre-termination hearing, and back pay can be awarded as equitable relief to vindicate this right without a finding that the employee would not have been terminated had a hearing been held.
• Smith v. Mr. Jenkins
  919 F.2d 90· 8th Cir.· 1990-11-15 ·cited 8×
  The court held that a material factual dispute exists regarding whether the psychiatrist's decision to terminate the inmate's medication constituted deliberate indifference to a serious medical need, precluding summary judgment.
• Diamontiney v. Borg
  918 F.2d 793· 9th Cir.· 1990-11-06 ·cited 8×
  The court held that the district court did not err in granting the preliminary injunction or in denying the motion for contempt, as reasonable steps were taken to ensure the inmate's access to the courts.
• Kellas v. Lane
  923 F.2d 492· 7th Cir.· 1990-10-18 ·cited 8×
  The court held that the inmate failed to demonstrate a likelihood of success on the merits, an inadequate remedy at law, or irreparable harm, thus the denial of a preliminary injunction was proper.