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

• Archie v. Christian
  812 F.2d 250· 5th Cir.· 1987-03-17 ·cited 8×
  A plaintiff is entitled to nominal damages for a civil rights violation even without proof of actual injury, and the court modified the judgment to award one dollar in nominal damages.
• Chamin Sarin v. Samaritan Health Ctr.
  813 F.2d 755· 6th Cir.· 1987-03-11 ·cited 8×
  The court affirmed the grant of summary judgment, holding that the plaintiff's federal antitrust claims failed due to lack of a substantial effect on interstate commerce and the due process claim failed for lack of state action. The state antitrust claim was also affirmed based o
• Guzman v. City OF Cranston
  812 F.2d 24· 1st Cir.· 1987-02-25 ·cited 8×
  A supervisory official cannot be held liable under 42 U.S.C. § 1983 solely based on the actions of their subordinates; personal involvement or gross negligence must be alleged.
• Jaxie LEE v. Sheriff Bill Hutson & Cobb Cnty.
  810 F.2d 1030· 11th Cir.· 1987-02-19 ·cited 8×
  The court held that alleged procedural errors in an administrative hearing, where state remedies exist, do not constitute a federal due process violation. However, a conclusory equal protection claim may survive dismissal.
• Benny B. Barrett v. Thomas
  809 F.2d 1151· 5th Cir.· 1987-02-12 ·cited 8×
  The court held that the district court had the authority to hold the County jointly and severally liable for the back-pay judgment, and that Barrett's section 1983 claim was not frivolous, thus reversing the award of attorney's fees to the County.
• Davis v. Bryan
  810 F.2d 42· 2d Cir.· 1987-01-27 ·cited 8×
  The court held that the district court erred in granting summary judgment sua sponte based on the statute of limitations and in failing to notify parties of the conversion from a motion to dismiss to a motion for summary judgment.
• Heath v. Chief A.J. Brown
  807 F.2d 1229· 5th Cir.· 1987-01-20 ·cited 8×
  The court held that the district court erred by not determining whether the plaintiffs prevailed on their federal claims, which is a prerequisite for awarding attorneys' fees under 42 U.S.C. § 1988.
• Sherrial T. ST. Amant v. Benoit
  806 F.2d 1294· 5th Cir.· 1987-01-07 ·cited 8×
  The court held that the plaintiff's section 1983 claim was time-barred because the April 8, 1982 letter, combined with the city's silence, provided sufficient notice that his transfer request had been denied.
• Feeney v. Auger
  808 F.2d 1279· 8th Cir.· 1986-12-31 ·cited 8×
  The court held that the district court correctly treated the suit as a habeas corpus petition but erred in dismissing it; the case should be dismissed without prejudice to allow pursuit of state remedies.
• Pratt v. Thornburgh
  807 F.2d 355· 3d Cir.· 1986-12-15 ·cited 8×
  The court held that the district court erred in applying the two-year statute of limitations retroactively to the plaintiff's § 1983 claim, as prior circuit precedent established a six-year limitation period.
• Maude Lanham v. Whitfield
  805 F.2d 970· 11th Cir.· 1986-12-09 ·cited 8×
  The court held that the trial court did not abuse its discretion in denying motions for a new trial, excluding evidence, limiting cross-examination, directing a verdict, or denying in forma pauperis status.
• Cunningham v. City OF Overland
  804 F.2d 1066· 8th Cir.· 1986-11-14 ·cited 8×
  The court held that the denial of a merchant's license, when zoning permitted the business and the denial was arbitrary and capricious, violated substantive due process, and that the damages awarded were not excessive.
• Lewis v. Harrison Sch. Dist. NO. 1
  805 F.2d 310· 8th Cir.· 1986-11-13 ·cited 8×
  The court held that the plaintiff's speech was protected under the First Amendment and was a substantial motivating factor in his termination, reversing the district court's judgment n.o.v. on that claim, but affirmed the vacating of presumed damages.
• Darrel Ray Leonard and Johnny A. Casselbury v. L.T. Hammond, Jr.
  804 F.2d 838· 4th Cir.· 1986-11-10 ·cited 8×
  A federal court must dismiss a habeas corpus petition if the petitioner has not first exhausted state remedies, even if the petitioner has been released from custody.
• Suggs v. Hon. Anthony M. Brannon
  804 F.2d 274· 4th Cir.· 1986-11-03 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that while abstention under Younger v. Harris was proper for injunctive relief due to pending state prosecutions, it did not require dismissal of the § 1983 claims for monetary damages.
• Thournir v. Meyer
  803 F.2d 1093· 10th Cir.· 1986-10-21 ·cited 8×
  The court held that the plaintiff had not had a full and fair opportunity to litigate her constitutional claim in the prior state court proceeding, thus preclusion did not apply.
• Eubanks v. O.L. McCOTTER
  802 F.2d 790· 5th Cir.· 1986-10-17 ·cited 8×
  The court held that the inmates' federal claims were not immaterial or frivolous, thus the district court erred in dismissing the case for lack of subject matter jurisdiction.
• Williams v. Butler
  802 F.2d 296· 8th Cir.· 1986-09-26 ·cited 8×
  Municipal liability under 42 U.S.C. § 1983 may be imposed upon a municipality when, pursuant to municipal policy or custom, an official is delegated final policy-making authority and acts unconstitutionally pursuant to that authority. The City of Little Rock delegated to Judge Bu
• Benjamin v. Malcolm
  803 F.2d 46· 2d Cir.· 1986-09-25 ·cited 8×
  The Eleventh Amendment does not bar federal courts from issuing injunctive relief against state officials when necessary to remedy violations of federal constitutional rights, even if state law is also implicated.
• Brown v. City of Clewiston
  644 F. Supp. 1417· S.D. Fla.· 1986-09-22 ·cited 8×
  The court held that Officer Perez was entitled to qualified immunity because the law regarding the use of deadly force against fleeing felons was not clearly established in 1979, and his actions did not violate clearly established constitutional or statutory law.
• Gurish v. Gerald T. McFAUL Sheriff
  801 F.2d 225· 6th Cir.· 1986-09-15 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the Loudermill decision should be applied retroactively and that the record was insufficient to determine if the plaintiff received constitutionally adequate pretermination procedures.
• Jasper Neely v. City OF Grenada
  799 F.2d 203· 5th Cir.· 1986-09-10 ·cited 8×
  The court held that the district court did not abuse its discretion in refusing to hold the defendants in contempt, denying modification of the affirmative action plan's grievance procedures, or in terminating its jurisdiction over the class action.
• Quiros v. Colon
  800 F.2d 1· 1st Cir.· 1986-08-29 ·cited 8×
  The court affirmed the district court's decision not to assess attorney's fees against the plaintiff under 42 U.S.C. § 1988, finding the court acted within its statutory discretion.
• Cameo Convalescent Ctr., Inc. v. Percy
  800 F.2d 108· 7th Cir.· 1986-08-27 ·cited 8×
  The court held that the district court did not err in granting summary judgment based on the intervening Supreme Court decision in Hudson v. Palmer, as adequate post-deprivation remedies existed under state law.
• Harris v. Blake
  798 F.2d 419· 10th Cir.· 1986-08-14 ·cited 8×
  The court held that the plaintiff received adequate procedural and substantive due process, and that the decisions affecting his enrollment were academic rather than disciplinary.
• Deretich v. Off. OF Admin. Hearings
  798 F.2d 1147· 8th Cir.· 1986-08-13 ·cited 8×
  The court held that the district court did not err in denying motions for judgment notwithstanding the verdict or a new trial, nor in dismissing the First Amendment and Section 1985 claims, and that res judicata properly barred certain due process claims.
• Toombs v. Bell
  798 F.2d 297· 8th Cir.· 1986-08-11 ·cited 8×
  A prisoner's complaint alleging deliberate indifference to serious medical needs states a claim under 42 U.S.C. § 1983, and should not be dismissed for failure to state a claim.
• Penland v. Warren Cnty. Jail
  797 F.2d 332· 6th Cir.· 1986-08-01 ·cited 8×
  Class certification under Fed.R.Civ.P. 23(b)(2) must be granted where all requirements of Rule 23(a) are met, and the denial based on a "superior method" analysis applicable only to Rule 23(b)(3) actions was error; the substantive claims regarding access to courts and visitation
• Dace v. Mickelson
  797 F.2d 574· 8th Cir.· 1986-07-22 ·cited 8×
  The court held that South Dakota administrative regulations governing parole hearings do not create a protectable liberty interest in parole because they do not place substantive limitations on official discretion.
• Allen v. Bd. OF Pardons
  792 F.2d 1404· 9th Cir.· 1986-06-26 ·cited 8×
  The Montana statute creates a protected liberty interest in parole eligibility because it uses mandatory language requiring release unless specific negative criteria are met.
• Boston Env't Sanitation Inspectors Ass'n & John Curry v. City OF Boston
  794 F.2d 12· 1st Cir.· 1986-06-26 ·cited 8×
  The court held that appellants' federal claims were properly dismissed because they failed to avail themselves of adequate state remedies and because mere violations of state statutes or contracts do not constitute a deprivation of due process under § 1983.
• Gleason v. Bd. OF Educ. OF the City OF Chicago
  792 F.2d 76· 7th Cir.· 1986-06-02 ·cited 8×
  A state agency is immune from suit in federal court under the Eleventh Amendment, and a tenured teacher's due process claim fails when the administrative process provided an adequate remedy, even if the teacher did not utilize it.
• Bolling v. City & Cnty. OF Denver
  790 F.2d 67· 10th Cir.· 1986-05-07 ·cited 8×
  The court held that the plaintiff's claims under 42 U.S.C. §§ 1981 and 1983 were precluded by a prior state court judgment under the doctrine of res judicata, and the Title VII claim was barred by the statute of limitations.
• Nat'l Advertising Co. v. The City OF Rolling Meadows
  789 F.2d 571· 7th Cir.· 1986-04-28 ·cited 8×
  The court held that the City's ordinance restricting sign size and prohibiting off-premise signs is preempted by the Illinois Highway Advertising Control Act of 1971, as the ordinance imposes restrictions more severe than those permitted by the Act.
• Som P. Agarwal v. Regents OF the Univ. OF Minn.
  788 F.2d 504· 8th Cir.· 1986-04-10 ·cited 8×
  The court affirmed the district court's decisions, finding no error in the granting of summary judgment on due process claims, the dismissal of Title VII claims for failure to establish a prima facie case, and the rejection of civil rights claims due to lack of proof of disparate
• McClelland v. Massinga
  786 F.2d 1205· 4th Cir.· 1986-03-18 ·cited 8×
  The court held that Maryland's Tax Refund Interception Program (TRIP) does not violate due process by failing to provide a pre-intercept hearing for obligated parents or notice to non-obligated spouses who did not contribute to the tax payments.
• Grandison v. Moore
  786 F.2d 146· 3d Cir.· 1986-03-14 ·cited 8×
  The ten-day period for filing objections to a magistrate's report is not jurisdictional and may be extended by the district court upon adequate justification.
• Winicki v. Mallard
  783 F.2d 1567· 11th Cir.· 1986-03-13 ·cited 8×
  Federal courts should not entertain Section 1983 actions challenging state tax systems when plain, adequate, and complete state remedies are available, due to the principle of comity.
• Griffin v. City OF Omaha
  785 F.2d 620· 8th Cir.· 1986-03-04 ·cited 8×
  The court held that the district court clearly erred in finding that the appellants were not subject to intentional discrimination and that the termination standards were applied correctly. The court reversed the judgment for Griffin and remanded for further consideration of McWh
• Dykes v. A.J. Hosemann, Jr.
  783 F.2d 1000· 11th Cir.· 1986-03-03 ·cited 8×
• Jones v. Smith
  784 F.2d 149· 2d Cir.· 1986-02-20 ·cited 8×
  The court held that claims regarding the prison mail directive 4422 should be remanded for further proceedings, while Jones's claims against O'Connor and Smith were affirmed as dismissed.
• Bloodgood v. Garraghty
  783 F.2d 470· 4th Cir.· 1986-02-14 ·cited 8×
  The court held that a parole proceeding is not a proper forum to contest the legal sufficiency of prior convictions, and that the parole and classification boards did not rely on the allegedly uncounseled convictions in their decisions.
• Charles D.O. Kline v. N. Tex. State Univ.
  782 F.2d 1229· 5th Cir.· 1986-02-14 ·cited 8×
  The court held that a substantial part of the plaintiff's case was barred by the statute of limitations and that there was insufficient evidence to prove a deprivation of constitutional rights caused by the defendants.
• Morris v. Morrow
  783 F.2d 454· 4th Cir.· 1986-02-11 ·cited 8×
  The Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) mandates that North Carolina use the "$6,000/6% rule" as a methodology for determining Medicaid eligibility because it is part of the Supplemental Security Income (SSI) eligibility criteria.
• Bartholomew v. Fischl
  782 F.2d 1148· 3d Cir.· 1986-02-07 ·cited 8×
  The court held that the plaintiff's complaint against the city was improperly dismissed for failure to state a claim and that the lawsuit was not time-barred under the retroactively applied Wilson v. Garcia decision.
• Yates v. Jamison
  782 F.2d 1182· 4th Cir.· 1986-02-03 ·cited 8×
  A government official's random and unauthorized deprivation of property, even if intentional, does not violate procedural due process when the state provides a meaningful postdeprivation remedy such as inverse condemnation, even though state law required predeprivation notice and
• Carter v. Hutto
  781 F.2d 1028· 4th Cir.· 1986-01-16 ·cited 8×
  A pro se inmate substantially complied with a pretrial order requiring witness information and was entitled to have his witnesses produced; even if he had not complied, the magistrate was required to explain deficiencies and afford him an opportunity to cure them before proceedin
• Henley v. Herring
  779 F.2d 1553· 11th Cir.· 1986-01-14 ·cited 8×
  The court held that the plaintiffs' claims were ripe and that summary judgment for the plaintiffs was proper because their property interests in the integrity of the street plan were not remote.
• Sours v. Norris
  782 F.2d 106· 8th Cir.· 1986-01-07 ·cited 8×·via 42 U.S.C. § 1983 Claim
  The court affirmed the denial of preliminary relief but remanded the denial of appointed counsel for further consideration.
• Krulik v. Bd. OF Educ. OF the City OF NEW York
  781 F.2d 15· 2d Cir.· 1986-01-06 ·cited 8×
  The court held that the plaintiff failed to present sufficient evidence of intentional discrimination based on race or religion to support the jury's verdict, and therefore affirmed the judgment notwithstanding the verdict.