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

• Berlanti v. Bodman
  780 F.2d 296· 3d Cir.· 1985-12-26 ·cited 8×
  The court held that the debarment of an individual from bidding on public contracts, when conducted by supervisory officials acting under color of state law or custom, is not a 'random and unauthorized act' for which post-deprivation remedies are sufficient under Parratt v. Taylo
• Johnie F. Karr v. Uniform Patrolman Smith and Officer L.N.U. (Mark Lemon)
  774 F.2d 1029· 10th Cir.· 1985-10-11 ·cited 8×
  The court held that probable cause for the arrest was established as a matter of law, and therefore the trial court did not err in granting a directed verdict for the defendants.
• Ona Mae Reed v. Health & Human Servs.
  774 F.2d 1270· 4th Cir.· 1985-10-10 ·cited 8×
  The court held that personal injury awards are not 'income' for the purpose of applying the AFDC 'lump sum' rule, and that the Eleventh Amendment bars retroactive AFDC benefit payments.
• Browning-Ferris, Inc. v. Baltimore Cnty.
  774 F.2d 77· 4th Cir.· 1985-09-27 ·cited 8×
  The court held that the district court correctly invoked the doctrine of Burford abstention to dismiss the case, avoiding interference with complex state administrative proceedings concerning landfill permits.
• King v. The Univ. OF Minn.
  774 F.2d 224· 8th Cir.· 1985-09-25 ·cited 8×
  The court affirmed the district court's judgment, holding that any errors in dismissing damage claims or striking the jury demand were harmless because the university could have properly directed a verdict against the professor on all his claims.
• Naegele Outdoor Advertising Co. OF Louisville v. Moulton
  773 F.2d 692· 6th Cir.· 1985-09-23 ·cited 8×
  The court held that Kentucky campaign finance statutes do not grant exclusive investigative jurisdiction to the Registry of Election Finance, nor do they create a protected liberty interest that requires due process before law enforcement can investigate alleged violations.
• Thibodeaux v. Elton A. Arceneaux
  768 F.2d 737· 5th Cir.· 1985-08-19 ·cited 8×
  The court held that the clerk of court was not liable under 42 U.S.C. § 1983 because there was no evidence of direct participation or causal connection between her actions and the plaintiff's arrest.
• Hiegel v. Steve Hill & Marvin Owen
  771 F.2d 358· 8th Cir.· 1985-08-19 ·cited 8×
  Expert witness fees and attorney travel and subsistence expenses exceeding the statutory allowances of 28 U.S.C. § 1821 may not be taxed as costs under Rule 54(d) without the district court carefully scrutinizing the bill of costs and finding the expert testimony crucial to the i
• Lloyd v. Page
  474 So. 2d 865· Fla. 1st DCA· 1985-08-14 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  Winston Lloyd, proceeding pro se, appealed a trial court's dismissal of his § 1983 civil rights action against the Nassau County Property Appraiser for lack of subject matter jurisdiction. The Florida District Court of Appeal reversed, holding that state courts have concurrent ju
• Walker v. Prisoner Review Bd.
  769 F.2d 396· 7th Cir.· 1985-07-26 ·cited 8×
  Prisoner Review Board members are absolutely immune from damages for denying access to parole files, and the mere presence of newspaper articles in a parole file does not violate due process.
• Neary v. R.L. Dugger
  766 F.2d 456· 11th Cir.· 1985-07-22 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that a pro se prisoner's § 1983 complaint alleging seizure of property pursuant to established institutional policy, without a meaningful post-deprivation hearing, sufficiently states a claim under Parratt v. Taylor.
• Krison v. Nehls
  767 F.2d 344· 7th Cir.· 1985-07-11 ·cited 8×
  The court held that a federal court must give preclusive effect to a prior state court judgment under the Full Faith and Credit Statute, 28 U.S.C. § 1738, if the state proceedings afforded a full and fair opportunity to litigate the claim, even if the claim involves a federal due
• Wade v. City OF Pittsburgh
  765 F.2d 405· 3d Cir.· 1985-06-26 ·cited 8×
  A state court judgment based on statutory immunity, which is unrelated to the merits of the underlying transaction, does not have res judicata (claim preclusion) effect on a subsequent federal civil rights claim arising from the same transaction.
• Dayton Christian Schs., Inc. v. Ohio Civil Rights Comm'n
  766 F.2d 932· 6th Cir.· 1985-06-26 ·cited 8×
  The court held that applying the Ohio Civil Rights Act to a pervasively religious institution like Dayton Christian Schools would violate the First Amendment's Free Exercise and Establishment Clauses.
• Mozert v. Hawkins Cnty. Pub. Schs.
  765 F.2d 75· 6th Cir.· 1985-06-18 ·cited 8×
  The court held that disputed issues of fact regarding the burden on plaintiffs' free exercise of religion and the state's compelling interest precluded summary judgment.
• Mills v. Killebrew
  765 F.2d 69· 6th Cir.· 1985-06-11 ·cited 8×
  Mediators are entitled to absolute quasi-judicial immunity from damages claims, even if the underlying mediation rule is later found unconstitutional, as they did not act in the clear absence of all jurisdiction.
• Jennings v. Dumas Pub. Sch. Dist.
  763 F.2d 28· 8th Cir.· 1985-06-04 ·cited 8×
  The court affirmed the district court's judgment, holding that the school district failed to prove the teacher waived statutory contract renewal rights and that the teacher's enhanced earning capacity did not accrue during the back pay period.
• Simons v. Montgomery Cnty. Police Officers-Sara A. Hume
  762 F.2d 30· 4th Cir.· 1985-05-10 ·cited 8×
  The court held that the plaintiff's claims, based on a search and arrest, constituted state torts, not violations of constitutional magnitude actionable under 42 U.S.C. § 1983.
• Haley v. The Kan. City Star
  761 F.2d 489· 8th Cir.· 1985-05-08 ·cited 8×
  The court held that the district court abused its discretion by dismissing the appellant's complaints with prejudice due to the appointed attorney's failure to comply with court orders.
• Reed v. Terrell
  759 F.2d 472· 5th Cir.· 1985-05-06 ·cited 8×
  The federal district court did not err in dismissing the suit for want of jurisdiction, as it cannot review state court judgments.
• Begley v. Philadelphia Elec. Co.
  760 F.2d 46· 3d Cir.· 1985-04-19 ·cited 8×
  Section 366 of the Bankruptcy Code does not preempt state public utility regulations requiring an opportunity to amortize post-petition arrearages before termination of service in a Chapter 7 proceeding.
• Okeson v. Tolley Sch. Dist. NO. 25
  760 F.2d 864· 8th Cir.· 1985-04-19 ·cited 8×
  The court held that the school board's failure to provide adequate notice and an opportunity to be heard violated Okeson's procedural due process rights, entitling him to nominal damages, even though his termination was otherwise justified.
• Schlothauer v. Robinson
  757 F.2d 196· 8th Cir.· 1985-03-14 ·cited 8×
  The court held that the officers were entitled to qualified immunity because the law regarding warrantless arrests in a home was not clearly established at the time of the arrest.
• Duncan v. Poythress
  750 F.2d 1540· 11th Cir.· 1985-01-24 ·cited 8×
  A pro se attorney litigant is entitled to attorney's fees under 42 U.S.C. § 1988 for the time spent representing themselves, and the fee application need not explicitly state all theories of recovery.
• Webb v. Arresting Officers
  749 F.2d 500· 8th Cir.· 1984-12-04 ·cited 8×
  The court affirmed the compensatory damage award but remanded for a determination of punitive damages, as the district court failed to make specific findings on the latter.
• Greene v. Morgan M. Finley
  749 F.2d 467· 7th Cir.· 1984-12-03 ·cited 8×
  The court held that a criminal trial, even if later overturned on jurisdictional grounds, provides sufficient process when the underlying facts are undisputed and directly relate to the employee's fitness for public service, thus negating the need for a separate termination heari
• Maglione v. Briggs
  748 F.2d 116· 2d Cir.· 1984-11-16 ·cited 8×
  Summary judgment for the prosecutor on civil rights claims was proper due to absolute immunity for grand jury presentation, but the denial of attorney's fees must be reconsidered.
• Daniels v. Morris
  746 F.2d 271· 5th Cir.· 1984-11-12 ·cited 8×
  The court held that students who moved out of a school district were not entitled to a due process hearing before being required to withdraw, as they had no protected property interest in attending the former district's school tuition-free.
• Alton Land Tr. & Cedar Mountain Dev. Corp. v. Town OF Alton
  745 F.2d 730· 1st Cir.· 1984-10-12 ·cited 8×
  The court held that plaintiffs failed to state a claim for damages under 42 U.S.C. § 1983 for alleged due process and taking clause violations arising from a planning board's unreasonable denial of subdivision applications, as state law provided an adequate remedy and the board a
• Tyler v. Milt Harper
  744 F.2d 653· 8th Cir.· 1984-09-28 ·cited 8×
  The court held that the district court correctly applied collateral estoppel to bar the relitigation of claims that were fully and fairly litigated in state court, and that any procedural errors were harmless.
• Williams v. Walls
  744 F.2d 1345· 8th Cir.· 1984-09-28 ·cited 8×
  The court held that a prisoner's transfer between facilities does not implicate a due process liberty interest unless a state statute or regulation creates such an interest. The court also held that a claim regarding improper placement in segregation, if properly pled, may state
• Dist. Props. Assocs. v. The Dist. OF Columbia
  743 F.2d 21· D.C. Cir.· 1984-09-07 ·cited 8×
  The District Court erred in dismissing the landlords' claims based on exclusive jurisdiction and the principle of comity (Younger abstention).
• Woods v. Marks
  742 F.2d 770· 3d Cir.· 1984-08-29 ·cited 8×
  The court held that a prison official's post-hoc affidavit citing security concerns does not resolve the material fact issue of whether the inmate's witness request was arbitrarily denied at the time of the disciplinary hearing.
• Johnson v. Silvers
  742 F.2d 823· 4th Cir.· 1984-08-28 ·cited 8×
  The court held that a pro se prisoner's complaint alleging forced medication, when read liberally, states a claim cognizable under 42 U.S.C. § 1983, and dismissal was improper.
• Minneapolis Auto Parts Co., Inc. v. The City OF Minneapolis
  739 F.2d 408· 8th Cir.· 1984-07-31 ·cited 8×
  The court held that a prior state court action seeking coercive relief, not merely declaratory relief, has the same claim preclusive effect as a full judgment on the merits, barring a subsequent federal § 1983 damages action.
• Paragould Music Co., Inc. v. City OF Paragould
  738 F.2d 973· 8th Cir.· 1984-07-18 ·cited 8×
  Appellants were not 'prevailing parties' under 42 U.S.C. § 1988 because the TRO granted did not resolve the merits of the case.
• Casias v. City OF Raton
  738 F.2d 392· 10th Cir.· 1984-07-06 ·cited 8×
  The court held that a factual issue exists regarding whether the plaintiff had a property interest in his employment, requiring reversal of the directed verdict on that claim. The court affirmed the directed verdict on the liberty interest and defamation claims.
• Smith v. N. La. Med. Review Ass'n
  735 F.2d 168· 5th Cir.· 1984-06-28 ·cited 8×
  The court held that plaintiffs failed to establish a constitutionally protected property interest in the Waiver of Liability (WOL) presumption and that the NLMRA, as a federal entity, could not be sued under 42 U.S.C. § 1983 for state action.
• Annunziato v. THE GAN, Inc.
  744 F.2d 244· 2d Cir.· 1984-06-26 ·cited 8×
  The dissenting judge would affirm the award of attorney's fees, finding the appellees to be prevailing parties who succeeded on a significant issue through settlement, and that The Gan became a state actor by actively defending the suit.
• Hicks v. S. Md. Health Sys. Agency
  737 F.2d 399· 4th Cir.· 1984-06-18 ·cited 8×
  The court held that the plaintiffs' claims failed because there was insufficient state or federal action, no evidence of Title VI discrimination, lack of standing for the statutory claim, and failure to meet preconditions for the whistleblowing statute.
• Jordan v. The City OF Lake Oswego
  734 F.2d 1374· 9th Cir.· 1984-06-08 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the plaintiff received constitutionally adequate process before termination, balancing his property interest against the city's need for efficient resolution of conflicts.
• Watkins v. Cantrell
  736 F.2d 933· 4th Cir.· 1984-06-06 ·cited 8×
  The court held that the Federal Unemployment Tax Act (FUTA) as amended in 1980 establishes a minimum pension offset requirement, and states are permitted to broaden the scope of their pension offset provisions beyond the federal mandate.
• Ass'n FOR Reduction OF Violence v. Hall
  734 F.2d 63· 1st Cir.· 1984-05-09 ·cited 8×
  The court held that a grant of summary judgment based on privileged documents, which were not discoverable by the non-moving party, must be vacated and remanded.
• Bailey v. Ness
  733 F.2d 279· 3d Cir.· 1984-04-30 ·cited 8×
  The district court improperly dismissed the civil rights action; it should have stayed the proceedings pending the outcome of the state court criminal appeal.
• Clark v. T.V. Beville
  730 F.2d 739· 11th Cir.· 1984-04-23 ·cited 8×
  The court held that the evidence was sufficient to support the jury's verdict for actual and punitive damages, and that the district court did not err in denying summary judgment.
• Loyd v. Loyd
  731 F.2d 393· 7th Cir.· 1984-03-26 ·cited 8×
  The court held that the district court properly granted summary judgment because the plaintiff failed to state a claim under 42 U.S.C. § 1983 as the administrator's actions did not constitute state action, and due process claims were satisfied by proper notice and opportunity to
• Kutzik v. Young
  730 F.2d 149· 4th Cir.· 1984-03-21 ·cited 8×
  A prior state court judgment dismissing a breach of contract claim based on sovereign immunity has claim preclusive effect on a subsequent federal action under 42 U.S.C. § 1983, even if the federal claims involve different legal theories or parties in privity.
• Myles S. Young v. Powell
  729 F.2d 563· 8th Cir.· 1984-03-09 ·cited 8×
  The court held that a plaintiff who voluntarily stipulates to a dismissal of their case after settling all disputed issues, including attorney's fees, cannot later claim to be a prevailing party entitled to attorney's fees under 42 U.S.C. § 1988.
• John L. Vakas, M.D. v. Paul Rodriquez, M.D.
  728 F.2d 1293· 10th Cir.· 1984-03-07 ·cited 8×
  The court affirmed the district court's dismissal, finding no private cause of action under the Fourteenth Amendment and upholding the immunity of the Board members acting in a quasi-judicial capacity. Attorney fees were denied as the plaintiff's claims were not deemed frivolous.
• Smith v. Detroit Bd. OF Educ.
  728 F.2d 359· 6th Cir.· 1984-02-29 ·cited 8×
  The court held that the district court, not the court of appeals, is the proper forum to initially address applications for attorney fees under 42 U.S.C. § 1988, even for appellate services.