42 U.S.C. § 1983

12,720 Florida cases classified under this topic, plus 456 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• 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.
• Ike Shaw, Jr. v. Neece
  727 F.2d 947· 10th Cir.· 1984-02-10 ·cited 8×
  The court held that the plaintiff's claims were frivolous and without merit, affirming the dismissal and attorney fee award, and also awarded attorney fees for the appeal.
• Modesto Cruz v. Donnelly
  727 F.2d 79· 3d Cir.· 1984-02-10 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Action
  Private parties cannot be held liable under 42 U.S.C. § 1983 for participating in a police investigation unless there is a pre-arranged plan or conspiracy where the police subordinate their judgment to the private parties.
• Sklar v. Byrne
  727 F.2d 633· 7th Cir.· 1984-02-08 ·cited 8×
  The court held that Chicago's handgun ordinance, which creates a grandfather clause exempting handguns registered before its effective date, does not violate the Equal Protection Clause of the Fourteenth Amendment.
• Dusanenko v. Maloney
  726 F.2d 82· 2d Cir.· 1984-01-27 ·cited 8×
  The court held that plaintiffs' failure to present specific facts or controvert defendants' assertions in opposition to a summary judgment motion, as required by federal and local rules, warranted dismissal.
• Allgood v. Morris
  724 F.2d 1098· 4th Cir.· 1984-01-12 ·cited 8×
  Prison officials satisfy their constitutional duty to protect an inmate from harm by offering protective segregation, and the loss of recreation and canteen privileges in protective segregation does not violate the Eighth Amendment prohibition on cruel and unusual punishment or t
• Comenout v. State OF Wash.
  722 F.2d 574· 9th Cir.· 1983-12-30 ·cited 8×
• Bernardo Carlos Perdomo v. Jackson Mem'l Hosp.
  443 So. 2d 298· Fla. 3d DCA· 1983-12-27 ·cited 8×
  The appellate court affirmed the dismissal of a third amended complaint, finding that the plaintiff failed to state a cause of action for wrongful discharge or other civil rights violations. The court held that the complaint lacked allegations of discriminatory animus or deprivat
• Worley v. J.D. Sharp
  724 F.2d 862· 10th Cir.· 1983-12-21 ·cited 8×
  The court held that the district court erred in relying on reports from the Oklahoma Department of Health for dismissal, as Martinez v. Aaron did not authorize investigations by outside agencies.
• Polk v. NEW York State Dep't OF Corr. Servs.
  722 F.2d 23· 2d Cir.· 1983-11-25 ·cited 8×
  The court held that the district court had discretion to consider either Northern or Southern District rates when calculating attorney's fees under 42 U.S.C. § 1988, even though the case was transferred due to improper venue.
• Barnes v. Wyrick
  719 F.2d 962· 8th Cir.· 1983-10-28 ·cited 8×
  The court affirmed the jury verdict in favor of the defendants, finding no merit in the inmate's claims.
• Miner v. Brackney
  719 F.2d 954· 8th Cir.· 1983-10-28 ·cited 8×
  The court held that the district court properly dismissed the claims because Miner's defamation claim is not actionable under § 1983 and Simmons's claim improperly sought federal intervention in a pending state court conviction.
• Drayton v. Robinson
  719 F.2d 1214· 3d Cir.· 1983-10-17 ·cited 8×
  The court held that while state regulations may create a liberty interest in remaining in general prison population, the Supreme Court's intervening decision in Hewitt v. Helms requires reconsideration of whether the process afforded met due process requirements.
• Lucero v. Ogden
  718 F.2d 355· 10th Cir.· 1983-10-04 ·cited 8×
  The court held that Colorado Rule of Civil Procedure 217, which precludes review of bar examination results but allows unlimited retakes, satisfies the due process clause of the Fourteenth Amendment.
• Verner v. State OF Colo.
  716 F.2d 1352· 10th Cir.· 1983-09-21 ·cited 8×
  The court held that a state may constitutionally require attorneys to meet continuing legal education requirements as a condition of practicing law.
• Grimes v. E. Ill. Univ.
  710 F.2d 386· 7th Cir.· 1983-06-22 ·cited 8×
  An employee serving at the pleasure of the employer, even with a continuing appointment, does not possess a property interest in continued employment sufficient to support a Fourteenth Amendment due process claim.
• Calhoun v. Ala. Alcoholic Bev. Control Bd. & Escambia Cnty. Comm'n
  705 F.2d 422· 11th Cir.· 1983-05-16 ·cited 8×
  The court held that a claim under 42 U.S.C. § 1983 accrues when the plaintiff knows or has reason to know of the injury, which in discrimination cases may be when the discriminatory act becomes apparent, not necessarily when the initial adverse action occurred.
• Coruzzi v. State OF NEW Jersey
  705 F.2d 688· 3d Cir.· 1983-04-22 ·cited 8×
  The court held that federal courts should abstain from hearing a civil rights action challenging a state judicial proceeding when the plaintiff has an adequate opportunity to raise federal claims in the state forum.
• Everitt v. The City OF Marshall
  703 F.2d 207· 5th Cir.· 1983-04-22 ·cited 8×
  The court held that the dismissal of the plaintiff's individual claim was based on non-erroneous factual findings, and the denial of class certification was not an abuse of discretion because the plaintiff's individual claim lacked nexus with the proposed class.
• McKEE v. Heggy
  703 F.2d 479· 10th Cir.· 1983-03-29 ·cited 8×·via Section 1983
  The court held that the notice provided to Mr. McKee before the sale of his car was insufficient to satisfy due process requirements, and that summary judgment for defendant Heggy was improperly granted.
• Abdollah Gashgai, M.D. v. Rayna Leibowitz
  703 F.2d 10· 1st Cir.· 1983-03-24 ·cited 8×
  The court held that the plaintiff's 42 U.S.C. § 1983 action is time-barred because the most analogous state statute of limitations is two years, applicable to defamation and 'false light' invasion of privacy claims. The court affirmed the dismissal of the action.
• Sucesion Suarez through its members v. Gelabert
  701 F.2d 231· 1st Cir.· 1983-03-09 ·cited 8×
  The court held that a state agency exceeding its authority in reviewing another agency's permit does not constitute a constitutional violation if procedural due process was afforded.
• Glover v. Tower
  700 F.2d 556· 9th Cir.· 1983-03-01 ·cited 8×
  Public defenders are not absolutely immune from suit under 42 U.S.C. § 1983 when they allegedly conspire with state officials to violate a defendant's constitutional rights.
• Vest v. Sterling Bossard
  700 F.2d 600· 10th Cir.· 1983-02-18 ·cited 8×
  The statute of limitations for a § 1983 civil rights action is tolled when defendants actively conceal their identities as state actors, thereby concealing a fact necessary for the existence of the federal cause of action, and the limitations period begins to run only when the pl
• The Port Auth. Police Benevolent Ass'n, Inc. v. The Port Auth. OF NEW York & NEW Jersey
  698 F.2d 150· 2d Cir.· 1983-01-12 ·cited 8×
  The court held that the district court erred in denying class certification based on a misinterpretation of the plaintiff's claim as seeking individual promotions rather than the suppression of protected speech. The court also reversed the denial of the preliminary injunction, fi
• Keeler v. Hewitt
  697 F.2d 8· 1st Cir.· 1982-12-30 ·cited 8×
  The court affirmed the denial of a new trial, holding that the jury's verdict was not against the clear weight of the evidence and that the trial court did not abuse its discretion in refusing to instruct the jury on malicious prosecution.
• Wood v. Sargeant
  694 F.2d 1159· 9th Cir.· 1982-12-17 ·cited 8×
  A taxpayer's inability to pay a state tax does not render the state's 'pay and sue' refund remedy inefficient, thus the federal Tax Injunction Act bars federal court jurisdiction.
• Coleman v. Faulkner
  697 F.2d 1347· 10th Cir.· 1982-12-08 ·cited 8×
  A section 1983 claim is stated if a plaintiff alleges that a state-provided remedy for property deprivation is constitutionally insufficient due to indigence and inability to access counsel.
• Davidson v. Scully
  694 F.2d 50· 2d Cir.· 1982-11-26 ·cited 8×
  The court held that prison regulations prohibiting inmates from sealing outgoing mail to public officials or agencies, without a rational security justification, violate the First Amendment. The prior Sostre v. McGinnis precedent was implicitly limited by later decisions.
• Siegel v. State OF NEW York & Edward J. Kuriansky
  691 F.2d 620· 2d Cir.· 1982-10-22 ·cited 8×
• Richmond R. Allen and Jesse W. Nicholson v. Basil C. Burke, Jr.
  690 F.2d 376· 4th Cir.· 1982-09-22 ·cited 8×
  Judicial officers are not immune from attorney fee awards under 42 U.S.C. § 1988 when prospective relief is properly granted against them. The awarded fees were reasonable.
• Georges v. Carney
  691 F.2d 297· 7th Cir.· 1982-09-16 ·cited 8×
  A state has no constitutional obligation to allow advisory questions on the ballot, and where it does provide such access, reasonable restrictions on the number of questions and signature requirements do not violate the First Amendment or Equal Protection Clause when applied to p
• Taylor v. ST. Clair
  685 F.2d 982· 5th Cir.· 1982-09-16 ·cited 8×
  The court held that the nursing home's decision to discharge a patient was a private action, not state action, and thus did not violate the Fourteenth Amendment or § 1983, and that compliance with the consent decree satisfied related claims.
• Anatoly Arutunoff v. The Okla. State Election Bd.
  687 F.2d 1375· 10th Cir.· 1982-09-03 ·cited 8×
  The court held that the Oklahoma election laws substantially restrict minority parties' ballot access and thus must be subjected to strict judicial scrutiny.
• O'Connor v. State OF Nev.
  686 F.2d 749· 9th Cir.· 1982-08-24 ·cited 8×
  The court affirmed the dismissal of the civil rights actions, finding that judicial and prosecutorial immunity applied to certain defendants and the Eleventh Amendment barred claims against state entities.
• Dash, Inc. v. The Alcoholic Bev. Control Appeals Bd.
  683 F.2d 1229· 9th Cir.· 1982-08-10 ·cited 8×
  The court held that California's procedure for revoking liquor licenses, including administrative hearings and appellate review, provided sufficient procedural due process under the Fourteenth Amendment, even with restrictions on administrative agencies declaring statutes unconst
• Pavlak v. John R. Church
  681 F.2d 617· 9th Cir.· 1982-07-14 ·cited 8×
  The statute of limitations tolling rule established in American Pipe applies only to putative class members who make timely motions to intervene after class certification is denied; it does not extend to those who file independent suits without intervening.
• Scherer v. Davis
  543 F. Supp. 4· N.D. Fla.· 1982-06-07 ·cited 8×
  The court held that the plaintiff's claims for unrecovered wages and injunctive relief related to his initial termination were waived by his settlement, but claims for additional damages and declaratory relief were not waived. The court also found that the procedures afforded to
• Robertson v. Rogers
  679 F.2d 1090· 4th Cir.· 1982-06-04 ·cited 8×
  The court held that the appellant failed to assert a constitutionally protected property or liberty interest in his continued employment sufficient to invoke due process safeguards.
• Harl v. The City OF LA Salle & Mayor Aloysius A. Gunia
  679 F.2d 123· 7th Cir.· 1982-05-24 ·cited 8×
  The dissenting judge believes the majority opinion incorrectly reversed the lower court's decision, arguing the case should have been affirmed on other grounds or dismissed for failure to raise issues below.
• Price v. Moody
  677 F.2d 676· 8th Cir.· 1982-05-13 ·cited 8×
  The court held that a prosecutor is not entitled to absolute immunity for actions taken outside the scope of his prosecutorial duties, even if those actions are alleged to have occurred under color of state law.
• A & A Concrete, Inc. v. The White Mountain Apache Tribe
  676 F.2d 1330· 9th Cir.· 1982-05-13 ·cited 8×
  The court held that allegations of a conspiracy involving state sheriff's deputies to serve invalid tribal court process, with the intent to injure business and deprive plaintiffs of due process, were sufficient to state a claim under 42 U.S.C. § 1983. However, a claim under 42 U
• Ambassador Coll. v. Geotzke
  675 F.2d 662· 5th Cir.· 1982-05-06 ·cited 8×
  Principles of preclusion prevent a federal court from entertaining a § 1983 complaint if the issues have already been finally resolved against the complainant in a state court of competent jurisdiction.
• COE v. United States Dist. Court FOR the Dist. OF Colo.
  676 F.2d 411· 10th Cir.· 1982-04-21 ·cited 8×