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

• Frost v. Hawkins Cnty. Bd. OF Educ.
  851 F.2d 822· 6th Cir.· 1988-07-12 ·cited 8×
  The court held that the plaintiff failed to demonstrate a deprivation of federal rights under 42 U.S.C. § 1983, and therefore, the district court erred in denying the Board's motion for judgment notwithstanding the verdict.
• Estrada-Izquierdo v. Awilda Aponte-Roque
  850 F.2d 10· 1st Cir.· 1988-06-28 ·cited 8×
  The district court erred in finding a politically inspired dismissal and in ordering reinstatement, as it failed to give full faith and credit to a Puerto Rico Superior Court judgment.
• Braden L. Albert v. Carovano
  851 F.2d 561· 2d Cir.· 1988-06-28 ·cited 8×
  The court held that a factual dispute exists regarding whether the state's coercive power and significant encouragement rendered a private college's disciplinary actions state action, warranting further inquiry into the section 1983 claim.
• Rider v. Commonwealth OF Pa.
  850 F.2d 982· 3d Cir.· 1988-06-23 ·cited 8×
  The court held that the district court correctly applied res judicata to dismiss the male guards' Title VII claim, as the state court's prior decision on the BFOQ issue was identical and afforded a full and fair opportunity to litigate.
• Guzowski v. Hartman
  849 F.2d 252· 6th Cir.· 1988-06-20 ·cited 8×
  The court should affirm the district court's dismissal of the second action, as the prior dismissal with prejudice bars relitigation of claims that were or could have been brought.
• Parker v. Dist. OF Columbia
  850 F.2d 708· D.C. Cir.· 1988-06-17 ·cited 8×
  A municipality may be held liable under 42 U.S.C. § 1983 when there is evidence of deliberate indifference manifest by systemic and grossly inadequate training, discipline, and supervision of police officers, provided there is a causal connection between such inadequacies and the
• DOE v. Elbert Austin
  848 F.2d 1386· 6th Cir.· 1988-06-15 ·cited 8×
  The court held that Kentucky's statutory scheme for involuntary civil commitment of mentally retarded adults, as amended, violates due process and equal protection by failing to provide adequate procedural safeguards, including a judicial hearing prior to commitment. However, the
• Daloia v. Rose
  849 F.2d 74· 2d Cir.· 1988-06-10 ·cited 8×
  Police officers are entitled to absolute immunity for testimony given at pretrial adversary proceedings, extending the immunity granted for trial testimony.
• Black v. Broward Employment AND Training Administration
  846 F.2d 1311· 11th Cir.· 1988-06-10 ·cited 8×
  The pursuit of federal administrative remedies under CETA did not toll the statute of limitations for a subsequent 42 U.S.C. § 1983 action because the relevant statute and regulations clearly indicated no exhaustion requirement for non-CETA claims.
• Walsh v. Franco
  849 F.2d 66· 2d Cir.· 1988-06-06 ·cited 8×
  Government officials are not entitled to qualified immunity if their conduct violates clearly established constitutional rights, and it was objectively reasonable for them to believe their actions did not violate those rights.
• Speer v. City OF Or.
  847 F.2d 310· 6th Cir.· 1988-05-25 ·cited 8×
  The court held that the appeal is moot because the election has passed and the plaintiff cannot demonstrate a reasonable expectation of being subjected to the same residency requirement again.
• Coghlan v. Starkey
  845 F.2d 566· 5th Cir.· 1988-05-23 ·cited 8×
  The court held that the plaintiff had no constitutionally protected property interest in continued water service because she failed to comply with reasonable administrative procedures and apply for service, thus her claim under 42 U.S.C. § 1983 failed.
• Kory Toma v. The City OF Weatherford
  846 F.2d 58· 10th Cir.· 1988-05-11 ·cited 8×
  The Tenth Circuit held that the district court abused its discretion by dismissing the plaintiff's case as a discovery sanction, as the plaintiff's conduct did not demonstrate willfulness, bad faith, or fault.
• Royal Feaster v. Miksch
  846 F.2d 21· 6th Cir.· 1988-05-02 ·cited 8×
  When a federal damages action requires resolving issues that will determine the outcome of pending state criminal proceedings, federal courts must abstain under Younger v. Harris.
• Irvin v. United States & the Dep't of the Army
  845 F.2d 126· 6th Cir.· 1988-04-27 ·cited 8×
  The Feres doctrine bars claims for injuries to service members and their dependents when those injuries arise out of or are in the course of activity incident to military service, including prenatal care provided to a service member.
• Josh Tunca, M.D. v. Lutheran Gen. Hosp.
  844 F.2d 411· 7th Cir.· 1988-04-06 ·cited 8×
  The court held that it lacked jurisdiction to hear the appeal of the dismissal and denial of the motion to alter or amend due to untimely filing, but affirmed the denial of the motion for reconsideration.
• Milo Holt v. Artis
  843 F.2d 242· 6th Cir.· 1988-03-30 ·cited 8×
  When a trial court instructs a jury that a defendant's good faith defense in a § 1983 civil rights action is a question of fact to be judged by the defendant's subjective beliefs, rather than by objective standards, and the rights violated were clearly established, the instructio
• Wrigley v. Basil G. Greanias
  842 F.2d 955· 7th Cir.· 1988-03-22 ·cited 8×
  The court held that the defendant was not entitled to qualified immunity because a genuine issue of material fact existed regarding whether the plaintiff's position was one where political affiliation was an appropriate requirement for effective performance.
• Hathaway v. Coughlin
  841 F.2d 48· 2d Cir.· 1988-03-09 ·cited 8×
  The court held that the district court erred in granting summary judgment because the plaintiff's allegations of a two-year delay in necessary hip surgery raised a genuine issue of material fact regarding deliberate indifference to serious medical needs.
• Eisenbud v. Suffolk Cnty. & Suffolk Cnty. Bd. of Pub. Disclosure
  841 F.2d 42· 2d Cir.· 1988-03-08 ·cited 8×
  The court held that while the district court should have applied an intermediate standard of review, the County's financial disclosure law is constitutional under that standard and does not violate equal protection rights.
• Jones v. Duncan
  840 F.2d 359· 6th Cir.· 1988-03-07 ·cited 8×
  The court held that the plaintiff sufficiently alleged state action for his section 1983 claim, as the commissioners' predicate actions in their official capacities and use of public funds to finance the ouster suit constituted action 'under color of law'.
• José Luis Romero Feliciano v. Hon. Jaime Torres Gaztambide
  836 F.2d 1· 1st Cir.· 1988-02-23 ·cited 8×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction, finding a likelihood of success on the merits of a political discrimination claim and irreparable harm.
• In re Gillis
  836 F.2d 1001· 6th Cir.· 1988-01-05 ·cited 8×
  Principles of comity bar federal courts from entertaining § 1983 actions challenging the constitutionality of state tax assessment systems, even when the requested relief would enhance tax collection rather than impede it, provided that adequate state remedies exist. The Tax Inju
• Franklyn H. Craft v. Wipf
  836 F.2d 412· 8th Cir.· 1987-12-30 ·cited 8×
  State officials are not entitled to qualified immunity for retaliating against cabin owners for asserting their constitutional rights, but they are entitled to qualified immunity for alleged due process and equal protection violations regarding permit termination and rent increas
• HAY v. Waldron
  834 F.2d 481· 5th Cir.· 1987-12-22 ·cited 8×
  The court held that the denial of injunctive relief regarding the strip search policy was proper, but the denial concerning retaliatory or discriminatory application of policies must be reversed and remanded.
• Lyons v. Sheetz
  834 F.2d 493· 5th Cir.· 1987-12-16 ·cited 8×
  The court held that the dismissals of the appellants' lawsuits were proper because they failed to state a claim under 42 U.S.C. § 1983, involved federal officials acting under federal law, and were frivolous or relitigated prior claims.
• Mich. Rd. Builders Ass'n, Inc. v. Milliken
  834 F.2d 583· 6th Cir.· 1987-11-25 ·cited 8×
  The dissenting judge would affirm the district court's judgment, arguing that the majority misinterprets Wygant and that Michigan's affirmative action program is constitutional.
• Blanchard v. Bergeron
  831 F.2d 563· 5th Cir.· 1987-11-10 ·cited 8×·via 42 U.S.C. § 1983 Claim
  A contingency fee agreement between a plaintiff and their attorney caps the attorney fee award under the Civil Rights Act, even if the lodestar calculation would result in a higher amount.
• Murphy v. Lane
  833 F.2d 106· 7th Cir.· 1987-11-06 ·cited 8×
  The court held that the district court erred in dismissing the claim that the inmate's transfer was retaliatory, but did not err in dismissing the claims of deliberate indifference to medical needs and violations of state law.
• John v. State OF La.
  828 F.2d 1129· 5th Cir.· 1987-10-08 ·cited 8×
  The court held that while a district court has discretion to impose sanctions, including dismissal, for attorney misconduct, dismissal with prejudice is an extreme sanction that requires a clear record of delay or contumacious conduct by the plaintiff, and lesser sanctions must b
• Dale v. Janklow
  828 F.2d 481· 8th Cir.· 1987-09-10 ·cited 8×
  The court held that the district court correctly granted motions for a directed verdict, finding that the officers' use of force was objectively reasonable given the circumstances and Dale's threats.
• Dean Tarry Corp. v. Friedlander
  826 F.2d 210· 2d Cir.· 1987-08-24 ·cited 8×
  A plaintiff does not possess a cognizable property interest in a site development plan approval when the local zoning ordinance grants the Planning Board broad discretion to disapprove, even if the ordinance is later found invalid.
• Robinson v. Boyer
  825 F.2d 64· 5th Cir.· 1987-08-21 ·cited 8×
  The court held that a plaintiff who received full back wages for the remainder of his contract term suffered no damages from his termination, rendering his constitutional claims moot. Furthermore, the plaintiff had no reasonable expectation of continued employment beyond his cont
• Hisham Tarabishi v. McALESTER Reg'l Hosp.
  827 F.2d 648· 10th Cir.· 1987-08-17 ·cited 8×
  The court held that the hospital's revocation of staff privileges constituted state action as a matter of law, and the trial court erred in submitting this issue to the jury. However, the court could not determine if the staff privileges constituted a protected property interest
• Ward v. Tex. Emp. Comm'n
  823 F.2d 907· 5th Cir.· 1987-08-13 ·cited 8×
  A jury's finding on an issue common to both legal and equitable claims binds the judge in his disposition of the equitable claim.
• Carlton Eugene King v. Jones
  824 F.2d 324· 4th Cir.· 1987-07-30 ·cited 8×
  The court held that the appellant failed to preserve the voir dire issue for appeal by not making a timely objection, that there is no right to a face-to-face probable cause determination, and that the punitive damages issue is moot.
• Oates v. Dist. of Columbia
  824 F.2d 87· D.C. Cir.· 1987-07-28 ·cited 8×
  The court held that the district court's finding that the District of Columbia acted to fulfill a private contract with the old coach, rather than due to sex discrimination, was not clearly erroneous, and therefore affirmed the judgment.
• Chandler Nelson Hughes v. Halifax Cnty. Sch. Bd.
  823 F.2d 832· 4th Cir.· 1987-07-22 ·cited 8×
  The court held that the district court's five-page order, which combined reasoning with dispositive language, did not comply with the Federal Rule of Civil Procedure 58's separate document requirement for entry of judgment.
• Johnson v. NEW York City Transit Auth.
  823 F.2d 31· 2d Cir.· 1987-07-09 ·cited 8×
  The court held that while the district court had discretion to award attorney's fees against the plaintiff, the amount awarded required further consideration due to uncertainty about whether the judge properly exercised discretion regarding the sanction amount.
• Morales v. Mateo Cadena
  825 F.2d 1095· 7th Cir.· 1987-06-23 ·cited 8×
  The court held that there was insufficient evidence to establish that Kehl personally participated in the plaintiff's constitutional deprivation, and affirmed the denial of Cadena's motions for judgment notwithstanding the verdict and for a new trial.
• Good v. Allain
  823 F.2d 64· 5th Cir.· 1987-06-23 ·cited 8×
  The court held that the plaintiff's complaint failed to state a claim under 42 U.S.C. § 1983 because the extradition procedures were legally authorized and followed. However, the dismissal should be without prejudice.
• Porter T. Stow v. E.W. Cochran
  819 F.2d 864· 8th Cir.· 1987-06-01 ·cited 8×
  As a matter of law, the plaintiff had no constitutionally protected property right to continued employment as a patrolman, and thus could be discharged without procedural due process.
• Galloway v. State OF La. & Dep't of Corr.
  817 F.2d 1154· 5th Cir.· 1987-05-29 ·cited 8×
  The court held that a remedial court order alone does not create rights secured by law for § 1983 liability, and that the plaintiff failed to present evidence of a protected class for a § 1985(3) claim.
• Lugo v. Alvarado
  819 F.2d 5· 1st Cir.· 1987-05-26 ·cited 8×
  The court held that a party is not entitled to a stay of all discovery proceedings pending resolution of a qualified immunity claim when the plaintiff also seeks injunctive relief.
• Dwight and Karen Jefferson v. The Ysleta Indep. Sch. Dist.
  817 F.2d 303· 5th Cir.· 1987-05-20 ·cited 8×
  The court held that a reasonable teacher should have known that tying a second-grade student to a chair for extended periods as an instructional technique violated clearly established constitutional rights, thus denying qualified immunity at the motion to dismiss stage.
• Stokes v. Vill. OF Wurtsboro
  818 F.2d 4· 2d Cir.· 1987-05-08 ·cited 8×
  The court held that while the claim for declaratory relief was moot due to a stipulation, the claim for damages under section 1983 was not moot and should not have been dismissed.
• Penk v. Or. State Bd. OF Higher Educ.
  816 F.2d 458· 9th Cir.· 1987-04-29 ·cited 8×
  The court held that the trial court did not err in its findings of fact, allocation of burdens of proof, or in denying a fair trial, affirming the dismissal of most claims.
• W. AIR Lines, Inc. v. Port Auth. OF NEW York & NEW Jersey
  817 F.2d 222· 2d Cir.· 1987-04-22 ·cited 8×
  The court held that a Supremacy Clause challenge to a local airport regulation based on federal preemption is permissible even if the federal statute does not provide an implied private right of action for enforcement. The court affirmed the dismissal of the complaint, finding th
• Hughes v. Sheriff OF Fall River Cnty. Jail & Jeff Tarell
  814 F.2d 532· 8th Cir.· 1987-03-24 ·cited 8×
  A state statute that tolls the statute of limitations for state claims during imprisonment but excludes federal civil rights claims is inconsistent with federal law and cannot be applied to bar such claims.
• Heath v. Cast
  813 F.2d 254· 9th Cir.· 1987-03-24 ·cited 8×
  The court held that while the trial court erred in seating an alternate juror by lot, the error was harmless. It also held that the state court's suppression ruling did not have preclusive effect and that the evidentiary rulings were not abuses of discretion.