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

• Fred v. Awilda Aponte Roque
  916 F.2d 37· 1st Cir.· 1990-10-11 ·cited 8×
  The Eleventh Amendment bars federal courts from awarding retroactive damages, such as back pay, against a state or territorial government.
• Clemmons v. Bohannon
  918 F.2d 858· 10th Cir.· 1990-10-09 ·cited 8×
  The court held that requiring a prisoner to share a cell with a smoker does not violate the Eighth Amendment, as it does not constitute cruel and unusual punishment or deliberate indifference to a serious medical need.
• Derstein v. The State OF Kan.
  915 F.2d 1410· 10th Cir.· 1990-09-28 ·cited 8×
  The court held that the employee received adequate procedural due process prior to termination, and thus his discharge did not violate his constitutional rights.
• Toombs v. Bell
  915 F.2d 345· 8th Cir.· 1990-09-24 ·cited 8×
  The court held that the district court erred in granting judgment notwithstanding the verdict for the negligence claim against Dixon, but did not err in directing verdicts for other defendants on the § 1983 claim or in refusing to instruct on the contract claim.
• Clark v. Poulton
  914 F.2d 1426· 10th Cir.· 1990-09-21 ·cited 8×
  A magistrate lacks jurisdiction to conduct an evidentiary hearing on a prisoner's § 1983 action alleging isolated incidents of excessive force, as such claims do not challenge "conditions of confinement" within the meaning of 28 U.S.C. § 636(b)(1)(B). A magistrate's lack of statu
• Smith v. City OF Chicago
  913 F.2d 469· 7th Cir.· 1990-09-21 ·cited 8×
  The court held that the trial court properly limited the plaintiff's recovery to nominal damages because probable cause existed for his arrest, meaning he would have been arrested regardless of any alleged misconduct.
• Foster v. Metro. Airports Comm'n
  914 F.2d 1076· 8th Cir.· 1990-09-20 ·cited 8×
  An arresting officer's subjective motive is irrelevant to a Fourth Amendment unlawful arrest claim if probable cause exists for the arrest. The use of force during an arrest is judged by an objective reasonableness standard, considering the totality of the circumstances.
• Smith v. Barton
  914 F.2d 1330· 9th Cir.· 1990-09-19 ·cited 8×
  The court held that plaintiffs' First Amendment claims under § 1983 were not precluded by the Rehabilitation Act, and that plaintiffs are entitled to a jury trial on their § 504 claims due to seeking legal remedies.
• Lopez v. Bishop L. Robinson
  914 F.2d 486· 4th Cir.· 1990-09-17 ·cited 8×
  Prison officials are entitled to qualified immunity from damages claims for alleged constitutional violations because the inmates failed to allege violations of clearly established law or failed to present genuine issues of material fact regarding the alleged violations.
• Dorina Mateyko v. Felix
  913 F.2d 744· 9th Cir.· 1990-09-06 ·cited 8×
  The court affirmed the trial court's judgment, holding that the appellant failed to present an adequate record for review of certain claims, and that a plaintiff who loses on federal claims and only prevails on a pendent state claim is not a prevailing party for attorney's fees u
• Christopher C. DAY, Ph.D. v. Morgenthau
  909 F.2d 75· 2d Cir.· 1990-08-29 ·cited 8×
  The court held that the plaintiff's claims were time-barred because they were filed one day after the three-year statute of limitations expired, applying Federal Rule of Civil Procedure 6(a) and New York General Construction Law § 20.
• James v. T.G. Sadler
  909 F.2d 834· 5th Cir.· 1990-08-28 ·cited 8×
  The court held that the district court abused its discretion in denying the motion to amend the complaint to add federal agents and improperly granted summary judgment for the Yazoo City officers regarding the pat-down search, but properly dismissed the negligence claim.
• Friedman v. State OF Ariz.
  912 F.2d 328· 9th Cir.· 1990-08-22 ·cited 8×
  The court held that the Arizona Department of Corrections' Internal Management Policy No. 304.7, prohibiting facial hair, is constitutional as it is reasonably related to legitimate penological interests, and that Friedman is not entitled to attorney fees for his paralegal work.
• Smith v. Town OF Eaton
  910 F.2d 1469· 7th Cir.· 1990-08-21 ·cited 8×
  The court affirmed the district court's grant of summary judgment, finding the appellant's constitutional claims lacked merit and imposing sanctions on his counsel for a substandard brief.
• Nat'l Advertising Co. v. The City & Cnty. OF Denver
  912 F.2d 405· 10th Cir.· 1990-08-16 ·cited 8×
  The court held that Denver's new ordinance regulating billboards near freeways is facially constitutional under the First Amendment, and that National's claims for damages and injunctive relief were properly denied.
• Green v. ST. Louis Hous. Auth.
  911 F.2d 65· 8th Cir.· 1990-08-07 ·cited 8×
  The court held that an employee terminated for unsatisfactory performance, even if falsely accused, does not have a liberty interest claim if the accusations do not foreclose other employment opportunities. Furthermore, a public employee at-will, without a contract, does not have
• Matthias v. Bingley
  906 F.2d 1047· 5th Cir.· 1990-07-26 ·cited 8×
  The City's ordinance and established police practices violated the Due Process Clause by failing to provide adequate notice and opportunity to be heard before disposing of seized property.
• Baucher v. E. Ind. Prod. Credit Ass'n & William Buchanan
  906 F.2d 332· 7th Cir.· 1990-07-13 ·cited 8×
  The court held that the plaintiffs failed to establish causation for their due process and conversion claims, and that one plaintiff's appeal was procedurally defective.
• Sanchez v. City OF Santa ANA
  936 F.2d 1027· 9th Cir.· 1990-07-11 ·cited 8×
  The court held that the district court properly vacated its Rule 54(b) certification as a clerical error, and that the denial of discovery of personnel files was not an abuse of discretion. However, the court reversed summary judgment on promotion claims and remanded retaliation
• Arlan G. Reynoldson v. Shillinger
  907 F.2d 124· 10th Cir.· 1990-06-28 ·cited 8×
  The court held that the district court erred in dismissing the pro se prisoner's complaint with prejudice, as the prisoner should have been given an opportunity to amend the complaint.
• Kenneth and Karen Rothschild v. Grottenthaler
  907 F.2d 286· 2d Cir.· 1990-06-27 ·cited 8×
  A public school district receiving federal funds must provide sign-language interpreters for deaf parents at school-initiated activities concerning their children's academic and disciplinary progress, as this is a reasonable accommodation under Section 504 of the Rehabilitation A
• Apodaca v. RIO Arriba Cnty. Sheriff's Dep't
  905 F.2d 1445· 10th Cir.· 1990-06-19 ·cited 8×
  Negligent operation of a vehicle by a police officer does not rise to the level of a constitutional violation under the Fourth or Fourteenth Amendments. A Fourth Amendment seizure requires a willful or intentional detention, not an accidental one.
• Crabtree v. Muchmore
  904 F.2d 1475· 10th Cir.· 1990-06-04 ·cited 8×
  The plaintiffs failed to state a cause of action under § 1983 against the attorney defendants because they did not allege specific facts showing an agreement or concerted action with the judge sufficient to establish either a conspiracy or joint participation under Lugar v. Edmon
• Rosenstein v. The City OF Dallas
  901 F.2d 61· 5th Cir.· 1990-05-14 ·cited 8×
• Sequoia Books, Inc. v. Ingemunson
  901 F.2d 630· 7th Cir.· 1990-05-07 ·cited 8×
  The court held that the Illinois forfeiture provisions do not facially violate the First Amendment, are not unconstitutionally vague or overbroad, and that Sequoia has standing to challenge them. However, the provisions cannot be applied to convictions that occurred before the st
• Katz v. Klehammer
  902 F.2d 204· 2d Cir.· 1990-05-01 ·cited 8×
  The court held that the plaintiff's federal claims under 42 U.S.C. §§ 1983 and 1985(3) were properly dismissed because the alleged deprivations were random and unauthorized with adequate state remedies available, and the Section 1985(3) claim lacked the required class-based animu
• Tyler v. Barton
  901 F.2d 689· 8th Cir.· 1990-04-26 ·cited 8×
  The court held that prison officials are entitled to qualified immunity from a damages claim for observing a parolee urinate during a drug test, as no clearly established constitutional right was violated.
• S. Ent. Co. v. City of Boynton Beach
  736 F. Supp. 1094· S.D. Fla.· 1990-04-06 ·cited 8×
  The court held that the ordinance was void because the city failed to comply with state statutory notice requirements for its enactment, despite the ordinance otherwise being a valid time, place, and manner regulation under the First Amendment.
• Hawkins v. Hennepin Tech. Ctr.
  900 F.2d 153· 8th Cir.· 1990-04-05 ·cited 8×
  The court held that the exclusion of evidence regarding sexual harassment and prior litigation findings was reversible error, depriving the plaintiff of a full opportunity to present her case.
• W. Coast Theater Corp. v. City OF Portland
  897 F.2d 1519· 9th Cir.· 1990-03-26 ·cited 8×
  The court affirmed the district court's dismissal for lack of prosecution, summary judgment, sanctions, and Rule 4(j) dismissals, finding the appeal frivolous and awarding costs and attorney fees.
• Wilks v. Young
  897 F.2d 896· 7th Cir.· 1990-03-14 ·cited 8×
  The court held that the jury instructions on Eighth Amendment liability were flawed by failing to include objective knowledge of risk, and that supervisory liability instructions should have been given. However, the state law negligence claim was properly dismissed based on Wisco
• Lowe v. City OF E. Chicago
  897 F.2d 272· 7th Cir.· 1990-03-09 ·cited 8×
  The court held that the district court abused its discretion by dismissing the plaintiff's case with prejudice and denying his motion for a continuance.
• Redman v. Cnty. OF SAN Diego
  896 F.2d 362· 9th Cir.· 1990-02-13 ·cited 8×
  Jail officials' conduct toward pretrial detainees must reach the level of deliberate indifference to constitute a violation of the detainee's due process right to personal security under the Fourteenth Amendment and support a Section 1983 claim. The deliberate indifference standa
• Russell v. Dunston
  896 F.2d 664· 2d Cir.· 1990-02-12 ·cited 8×
  An employee on discretionary medical leave is not entitled to pre-termination notice before the state discontinues that leave, because state law permits the employee to apply for disability retirement benefits at any time during the leave period, and continued reliance on medical
• Polson v. Davis
  895 F.2d 705· 10th Cir.· 1990-02-06 ·cited 8×
  The court held that Kansas law does not recognize defamation per se, that remedies under the Kansas Acts Against Discrimination preclude a common law retaliatory discharge claim, that negligent supervision is not a recognized tort in Kansas, and that Title VII claims cannot be br
• Kuemmerlein v. Bd. OF Educ. OF the Madison Metro. Sch. Dist.
  894 F.2d 257· 7th Cir.· 1990-01-30 ·cited 8×
  A cause of action for employment discrimination accrues at the time of notice of the discriminatory act, not at the time of actual termination.
• Unity Ventures v. Cnty. OF Lake
  894 F.2d 250· 7th Cir.· 1990-01-29 ·cited 8×
  The court held that the district court did not abuse its discretion in denying attorney's fees to Lake County, as William Alter's lawsuit was not frivolous or brought in bad faith, particularly given the evolving legal landscape regarding ripeness at the time of filing.
• Robinson v. Maruffi
  895 F.2d 649· 10th Cir.· 1990-01-19 ·cited 8×
  The court held that the civil rights action based on conspiracy for malicious prosecution was not time-barred, and that the defendants' actions were not shielded by subsequent prosecutorial or judicial decisions.
• Dobosz v. Walsh
  892 F.2d 1135· 2d Cir.· 1989-12-28 ·cited 8×
  The court held that the defendant superintendent has qualified immunity from the due process claims but not from the First Amendment retaliation claim, and that absolute immunity does not apply to the suspension decision.
• Collins v. Nagle
  892 F.2d 489· 6th Cir.· 1989-12-22 ·cited 8×
  The court held that the impoundment of the truck was reasonable under the Fourth Amendment and that probable cause existed for the arrests. Excessive force claims and due process claims were also rejected.
• Ellen F. Johnsen, R.N. v. Indep. Sch. Dist. NO. 3 OF Tulsa Cnty.
  891 F.2d 1485· 10th Cir.· 1989-12-19 ·cited 8×
  The court held that the plaintiff's speech, considered as a whole, was not constitutionally protected under the Pickering balancing test due to its disruptive effect on the school district's operations and employee relationships.
• Ferris v. Santa Clara Cnty.
  891 F.2d 715· 9th Cir.· 1989-12-06 ·cited 8×
  The court held that the California statutes proscribing certain sexual activities with minors are constitutional and that the district court did not err in striking the appellant's second amended complaint.
• Clark v. Twp. OF Falls & James Kettler
  890 F.2d 611· 3d Cir.· 1989-11-22 ·cited 8×
  The court held that the jury's finding of a procedural due process violation could not be sustained because the plaintiff failed to demonstrate a protected property or liberty interest, and thus the district court erred in denying the motion for judgment notwithstanding the verdi
• Jackson v. City OF Albuquerque
  890 F.2d 225· 10th Cir.· 1989-11-21 ·cited 8×
  The court held that the trial court abused its discretion in denying reinstatement, as the record did not support the finding of insurmountable hostility, particularly since most accusers were no longer employed by the city.
• Haynes v. Marshall
  887 F.2d 700· 6th Cir.· 1989-10-12 ·cited 8×
  The court held that the defendants were not entitled to qualified immunity on the Section 1983 claim, but the district court erred in exercising pendent jurisdiction over the state wrongful death claim because Ohio law requires a prior determination of immunity by the Ohio Court
• Planned Parenthood OF S. Nev., Inc. v. Clark Cnty. Sch. Dist.
  887 F.2d 935· 9th Cir.· 1989-10-11 ·cited 8×
  The court held that school-sponsored publications, including newspapers, yearbooks, and athletic programs, are nonpublic fora, and the school district's refusal to publish Planned Parenthood's advertisements was reasonable.
• Gwirtz v. Ohio Educ. Ass'n
  887 F.2d 678· 6th Cir.· 1989-10-11 ·cited 8×
  The court held that the union's procedure for collecting fair share fees, which included providing audited financial statements and supplemental schedules, was constitutionally adequate under the First Amendment.
• Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah
  723 F. Supp. 1467· S.D. Fla.· 1989-10-05 ·cited 8×
  The court held that the City of Hialeah's ordinances prohibiting ritual animal sacrifice did not violate the Free Exercise Clause of the First Amendment, as they served compelling secular purposes and were religiously neutral in application.
• Duran v. Garrey Carruthers
  885 F.2d 1492· 10th Cir.· 1989-09-15 ·cited 8×
  The court held that the district court did not abuse its discretion in awarding attorneys' fees and costs for post-judgment monitoring of a consent decree, even with a Special Master in place, and for services related to a withdrawn contempt motion that resulted in a settlement.
• Ortiz v. City OF Imperial
  884 F.2d 1312· 9th Cir.· 1989-09-13 ·cited 8×
  The court held that summary judgment was inappropriate for medical personnel who prescribed sedatives for an inmate with a head injury without examination, as this raised a question of deliberate indifference. However, summary judgment was appropriate for other defendants with mi