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

• Hammer v. Gross
  884 F.2d 1200· 9th Cir.· 1989-09-06 ·cited 8×
  The court held that the use of minimal physical force to obtain a blood sample from a DUI suspect, when necessary to effectuate an otherwise lawful search and seizure, does not constitute an unreasonable search or seizure under the Fourth Amendment.
• Lebbos v. Judges OF the Superior Court
  883 F.2d 810· 9th Cir.· 1989-08-28 ·cited 8×
  The court held that abstention under the Younger doctrine was appropriate for claims seeking injunctive and declaratory relief, but not for claims seeking damages under 42 U.S.C. § 1983. Betsey Lebbos's due process claims were allowed to proceed.
• Fisichelli v. The City Known AS the Town OF Methuen
  884 F.2d 17· 1st Cir.· 1989-08-28 ·cited 8×
  An appeal from an order denying reconsideration of a qualified immunity defense is not an immediately appealable collateral order and is therefore dismissed for lack of jurisdiction.
• Wong v. Stripling
  881 F.2d 200· 5th Cir.· 1989-08-28 ·cited 8×
  The court held that the revocation of a physician's staff privileges by a private hospital, even with state statutory authorization and judicial review of procedural fairness, does not constitute state action for purposes of § 1983 and § 1985(3) claims.
• ST. Clair v. City OF Chico
  880 F.2d 199· 9th Cir.· 1989-07-13 ·cited 8×
  The court held that the appellants' claims were not ripe for adjudication because neither the City nor the County had made a final, definitive decision rejecting their proposals for sewer service.
• Peduto v. City OF N. Wildwood
  878 F.2d 725· 3d Cir.· 1989-06-29 ·cited 8×
  Applying New Jersey's claim preclusion rules to bar federal claims previously litigated in state court does not violate due process if the state court provided a full and fair opportunity to litigate those claims.
• Lovell v. The ONE Bancorp
  878 F.2d 10· 1st Cir.· 1989-06-22 ·cited 8×
  A private party defendant is not entitled to an interlocutory appeal from the denial of a qualified immunity claim.
• City OF DeLAND v. W.J. Lowe
  544 So. 2d 1165· Fla. 5th DCA· 1989-06-15 ·cited 8×
  The City of DeLand appeals a summary judgment that deemed W.J. Lowe's residential-zoned lot to be commercially zoned to conform with his adjacent commercial lots, enjoining residential zoning enforcement. The Florida appellate court reversed, holding that Lowe failed to exhaust a
• Martin v. Guillot
  875 F.2d 839· 11th Cir.· 1989-06-14 ·cited 8×
  The court held that the university's administrative staff member received adequate procedural due process and that the termination decision was supported by substantial evidence, thus denying reinstatement. The court reversed the contempt finding and sanction against the universi
• N. Miss. Commc'ns, Inc. v. Jones
  874 F.2d 1064· 5th Cir.· 1989-06-12 ·cited 8×
  The court held that the Mt. Healthy burden-shifting analysis should apply to this case involving alleged retaliation for critical speech, vacating the prior judgment.
• Coakley v. Welch
  877 F.2d 304· 4th Cir.· 1989-06-09 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that officials are not immune from a suit for injunctive relief seeking reinstatement under the Ex parte Young exception to Eleventh Amendment immunity, as the alleged violation of due process rights constitutes an ongoing violation.
• Rankin v. Indep. Sch. Dist. NO. I-3
  876 F.2d 838· 10th Cir.· 1989-06-02 ·cited 8×
  The court held that an Oklahoma statute requiring tenured teachers to pay half the cost of a due process hearing is facially unconstitutional as it imposes an impermissible burden on the right to due process, and that the plaintiff presented sufficient evidence of protected speec
• McLaughlin v. Pernsley
  876 F.2d 308· 3d Cir.· 1989-05-30 ·cited 8×
  The court held that Catholic Social Services lacked standing to appeal the preliminary injunction, and that the Williamses, as intervenors, had standing to appeal only regarding the remedy. The court affirmed the district court's grant of a mandatory preliminary injunction orderi
• Beacon Hill Farm Assocs. II Ltd. P'ship v. The Loudoun Cnty. Bd. OF Supervisors
  875 F.2d 1081· 4th Cir.· 1989-05-26 ·cited 8×
  A landowner may mount a facial attack on a land use ordinance without first seeking a final determination of how the ordinance will affect their property.
• Nelson v. The City OF McGEHEE
  876 F.2d 56· 8th Cir.· 1989-05-26 ·cited 8×
  The court held that the plaintiff failed to present sufficient evidence of a conspiracy or denial of due process to overcome summary judgment.
• Jones v. Lewis
  874 F.2d 1125· 6th Cir.· 1989-05-18 ·cited 8×
  Police officers may enter a residence without a warrant to make an arrest if exigent circumstances exist, but when the underlying facts are disputed or reasonably debatable, the question of whether exigent circumstances justified a warrantless arrest is for the jury in a civil da
• Sherpell v. Humnoke Sch. Dist. NO. 5 OF Lonoke Cnty.
  874 F.2d 536· 8th Cir.· 1989-05-09 ·cited 8×
  The court held that the district court erred in refusing to allow the appellant to proceed on her retaliation claim, as the claim was sufficiently intertwined with the racial discrimination claim and the appellee had notice.
• Lundblad v. Celeste
  874 F.2d 1097· 6th Cir.· 1989-05-04 ·cited 8×
  Lundblad stated a cause of action under § 1983 for violation of the equal protection clause by alleging that state officials denied him a golf course contract solely because he was a Republican, as political discrimination by executive officials violates equal protection and was
• Owens v. Dewitt Treder
  873 F.2d 604· 2d Cir.· 1989-04-20 ·cited 8×
  Under New York law, a trial court's pretrial denial of a motion to suppress a confession is a preliminary evidentiary determination only and does not have preclusive effect when the defendant relitigates the voluntariness issue at trial, because New York Criminal Procedure Law §
• Arnaud v. Odom
  870 F.2d 304· 5th Cir.· 1989-04-19 ·cited 8×
  The court held that parents do not possess a constitutionally protected property or liberty interest in the bodies of their deceased children that would support a § 1983 claim when adequate state post-deprivation remedies exist for procedural due process claims, and no such subst
• Crooks v. Crispus C. NIX
  872 F.2d 800· 8th Cir.· 1989-04-10 ·cited 8×
  The court held that a prisoner's pro se complaint alleging deliberate indifference to serious medical needs, particularly regarding pain medication, must be read liberally and can overcome summary judgment if a factual dispute exists. Contracting medical care does not absolve the
• Elliott v. Warden Bronson
  872 F.2d 20· 2d Cir.· 1989-04-05 ·cited 8×
  The court held that a pro se prisoner's complaint, liberally construed, stated potentially meritorious due process and equal protection claims, and dismissal without leave to amend was an abuse of discretion.
• Cooper v. City OF Ashland
  871 F.2d 104· 9th Cir.· 1989-04-03 ·cited 8×
  The court held that the plaintiff's complaint was timely filed because it was received by the clerk's office before the statute of limitations expired, even considering weekends and holidays.
• Taylor v. Mace Knapp
  871 F.2d 803· 9th Cir.· 1989-03-21 ·cited 8×
• Sprouse v. Babcock
  870 F.2d 450· 8th Cir.· 1989-03-20 ·cited 8×
  The filing of a disciplinary charge against a prisoner, even if otherwise not actionable, is actionable under 42 U.S.C. § 1983 if done in retaliation for the prisoner filing a grievance.
• Grant v. Farnsworth
  869 F.2d 1149· 8th Cir.· 1989-03-15 ·cited 8×
  The court held that the district court did not err in denying the motion in limine, refusing the chiropractor's testimony, directing verdicts on constitutional claims, refusing jury instructions, or awarding attorney fees.
• Gleason v. McBRIDE
  869 F.2d 688· 2d Cir.· 1989-03-13 ·cited 8×
  The court affirmed the dismissal of claims related to the Gleason I arrest and the section 1985 claim, affirmed dismissal of most Gleason III claims, but reversed dismissal of Gleason III claims against certain defendants and remanded for further proceedings.
• Litteral v. Bach
  869 F.2d 297· 6th Cir.· 1989-03-09 ·cited 8×
  The court held that federal abstention under the Younger doctrine was not justified because the pending state litigation did not involve a vital state interest, and monetary claims could not be addressed in state proceedings.
• Natthu S. Parate v. Isibor
  868 F.2d 821· 6th Cir.· 1989-02-17 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that compelling a professor to change a student's grade against his professional judgment violates the First Amendment's protection against compelled speech, even if the university could have administratively changed the grade itself.
• Bicanic v. McDERMOTT
  867 F.2d 391· 7th Cir.· 1989-01-31 ·cited 8×
  A public employee in a politically sensitive position can be discharged for political reasons, and the abolition or redistribution of job duties does not create tenure for such an employee.
• Edmonds v. Bronner
  864 F.2d 752· 11th Cir.· 1989-01-30 ·cited 8×
  The Eleventh Circuit certified questions to the Alabama Supreme Court regarding whether superintendents are officers under Article IV, Section 98 of the Alabama Constitution and if so, whether that section prohibits their participation in the Teachers' Retirement System.
• Blackwelder v. Safnauer
  866 F.2d 548· 2d Cir.· 1989-01-23 ·cited 8×
  The court held that the case was not moot despite new regulations, as the underlying issues and the parties' legal interests remained. The court affirmed the denial of the motion to vacate the judgment as moot.
• Davis v. Hon. Thomas C. Crush
  862 F.2d 84· 6th Cir.· 1988-11-23 ·cited 8×
  The court held that the district court abused its discretion in imposing Rule 11 sanctions because the plaintiffs' civil rights complaint did not necessarily reflect a lack of reasonable inquiry into the facts or law.
• New Port Largo, Inc. v. Monroe Cnty.
  706 F. Supp. 1507· S.D. Fla.· 1988-11-21 ·cited 8×
  The court held that res judicata did not bar the federal claims, but the § 1986 claim was time-barred. The continuing wrong doctrine may apply to the § 1983 and § 1985 claims.
• Goichman v. City OF Aspen
  859 F.2d 1466· 10th Cir.· 1988-10-24 ·cited 8×
  The court held that the availability of a hearing to adjudicate the underlying parking violation satisfies due process, and thus, no additional hearing was required for the towing and impoundment of the vehicle. The court also held that the plaintiff was not a prevailing party en
• Messiah Baptist Church v. The Cnty. OF Jefferson
  859 F.2d 820· 10th Cir.· 1988-10-06 ·cited 8×
  The A-2 zoning regulations do not violate the Due Process Clause because they bear a substantial relationship to the general welfare and are not arbitrary or unreasonable. The regulations do not violate the Free Exercise Clause because they regulate only property interests and se
• Phillipe Dell Fargo v. City OF SAN Juan Bautista
  857 F.2d 638· 9th Cir.· 1988-09-16 ·cited 8×
  The court held that a genuine issue of material fact exists as to whether the officer's conduct constituted gross negligence, thus reversing summary judgment on the Fourteenth Amendment claim against him. Summary judgment for other defendants was affirmed.
• Blanche Matthiessen v. Bd. OF Educ. OF N. Chicago Cmty. High Sch. Dist. 123
  857 F.2d 404· 7th Cir.· 1988-09-14 ·cited 8×
  The court held that a material issue of fact exists regarding whether the plaintiff received actual notice of the reasons for her extended probation and the required corrective actions, precluding summary judgment.
• Fields v. Durham
  856 F.2d 655· 4th Cir.· 1988-09-13 ·cited 8×
  The court held that a plaintiff alleging a random and unauthorized failure of state officials to follow established procedures in terminating employment is not denied due process if meaningful post-deprivation remedies are available under state law.
• Merriman v. Walton
  856 F.2d 1333· 9th Cir.· 1988-09-07 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that a reasonable police officer, knowing the facts available to Deputy Walton, could not have believed there was probable cause for Merriman's warrantless arrest, thus denying qualified immunity.
• Edwards v. Jewish Hosp. OF ST. Louis
  855 F.2d 1345· 8th Cir.· 1988-09-02 ·cited 8×
  An employer violates 42 U.S.C. § 1981 if race is a substantial or motivating factor in a discharge, even if the employer would have made the same decision absent discrimination; however, the employer may avoid reinstatement or back pay by proving the same decision would have been
• Smith v. Springer
  859 F.2d 31· 7th Cir.· 1988-08-31 ·cited 8×
  A federal court § 1983 lawsuit seeking monetary damages for fabricated evidence is not a collateral attack on a state court conviction, even if the plaintiff was previously incarcerated.
• Corpus Christi Taxpayer's Ass'n v. City OF Corpus Christi
  858 F.2d 973· 5th Cir.· 1988-08-22 ·cited 8×
  The court held that the district court correctly dismissed the suit for lack of jurisdiction and res judicata, and that the City is entitled to sanctions for a frivolous appeal.
• Birdsell v. Bd. OF Fire & Police Comm'rs OF the City OF Litchfield
  854 F.2d 204· 7th Cir.· 1988-08-02 ·cited 8×
  The court held that the district court erred in granting a directed verdict on the due process claim, as Birdsell presented sufficient evidence that he was not adequately notified that the meeting was a termination hearing.
• Ikerd v. Lacy
  852 F.2d 1256· 10th Cir.· 1988-07-28 ·cited 8×
  The court held that the trial court did not abuse its discretion in dismissing the complaint without prejudice and imposing sanctions, including attorney's fees, for the appellant's attorney's failure to attend a scheduling conference.
• Williams v. Armontrout
  852 F.2d 377· 8th Cir.· 1988-07-27 ·cited 8×
  The court held that the prison regulations cited by the inmate did not create a constitutionally protected liberty interest, and therefore, his due process claims were properly dismissed as frivolous.
• Shabazz v. Coughlin
  852 F.2d 697· 2d Cir.· 1988-07-27 ·cited 8×
  The court held that prison officials were entitled to qualified immunity because the unconstitutionality of prison regulations restricting group prayer and prayer in a prison yard was not clearly established at the time of the plaintiff's discipline.
• Gomez v. The City OF Watsonville
  863 F.2d 1407· 9th Cir.· 1988-07-27 ·cited 8×
  The court held that the district court erred in finding that the Hispanic community in Watsonville was not politically cohesive and that the minority group was not sufficiently geographically compact to constitute a majority in a single-member district under Section 2 of the Voti
• Spell v. McDANIEL
  852 F.2d 762· 4th Cir.· 1988-07-26 ·cited 8×
  The Fourth Circuit significantly reduced the attorney's fees requested by the plaintiff for post-trial appellate services, finding the claimed hours to be duplicative, overstaffed, and an unreasonable exercise of billing judgment. The court awarded $80,295.69, which included a re
• Webb v. Ethridge
  849 F.2d 546· 11th Cir.· 1988-07-13 ·cited 8×
  The court held that the district court erred in granting summary judgment because genuine issues of material fact existed regarding probable cause for the arrest and qualified immunity.