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

• Carver v. Bunch
  946 F.2d 451· 6th Cir.· 1991-10-09 ·cited 6×
  The court held that the district court abused its discretion by dismissing the pro se plaintiff's complaint solely for failure to respond to a motion to dismiss, without considering the merits or the specific requirements of Federal Rule of Civil Procedure 41(b).
• Zeb Gaston v. Taylor
  946 F.2d 340· 4th Cir.· 1991-10-08 ·cited 6×
  A suspended sentence of isolation, which did not alter the conditions or length of confinement, and the potential impact of a disciplinary record on discretionary parole or work release, do not deprive an inmate of a liberty interest protected by the Fourteenth Amendment.
• Rucker v. Harford Cnty.
  946 F.2d 278· 4th Cir.· 1991-10-03 ·cited 6×
  The Fourth Amendment does not protect innocent bystanders from unintentional injury by police apprehending a suspect, and substantive due process requires conduct "shocking to the conscience," which was not met here. A familial association claim is derivative and fails if the pri
• Early Johnson v. Captain Boreani
  946 F.2d 67· 8th Cir.· 1991-09-26 ·cited 6×·via 42 U.S.C. § 1983 Action
  Summary judgment for defendants was appropriate because they are entitled to qualified immunity, and the plaintiff failed to prove entitlement to injunctive relief.
• Garth Maag v. Wessler
  944 F.2d 654· 9th Cir.· 1991-09-23 ·cited 6×
  The court held that awarding attorneys' fees to prevailing defendants in § 1983 actions requires a finding that the action was frivolous, unreasonable, and without foundation.
• Hazardous Waste Treatment Council v. State OF S.C.
  945 F.2d 781· 4th Cir.· 1991-09-20 ·cited 6×
  The court affirmed the preliminary injunction regarding statutes and executive orders but remanded the regulation for further balancing of hardships, clarifying the injunction did not declare the laws invalid.
• Quezada v. The Cnty. OF Bernalillo
  944 F.2d 710· 10th Cir.· 1991-09-09 ·cited 6×
  The court held that the district court's factual findings on the § 1983 claim were clearly erroneous because they did not assess the evidence for objective reasonableness under the Graham standard, requiring remand. The court also addressed state law claims against the Sheriff an
• Jiles v. Ingram
  944 F.2d 409· 8th Cir.· 1991-09-05 ·cited 6×
  The court held that the district court's finding of a Title VII disparate treatment violation against the City was not inconsistent with its finding that individual defendants did not intentionally discriminate, as discrimination by the City could be proven by the actions of its
• Stever v. Indep. Sch. Dist. NO. 625
  943 F.2d 845· 8th Cir.· 1991-09-03 ·cited 6×
  The court affirmed the district court's ruling on three of Stever's claims but dissented on the First Amendment claim regarding retaliatory transfer.
• Soldal v. Cnty. OF Cook
  942 F.2d 1073· 7th Cir.· 1991-08-27 ·cited 6×
  The court held that a dispute about premature eviction, even if involving a seizure, should be handled in local housing court rather than federal court under 42 U.S.C. § 1983.
• McDOUGAL v. Cnty. OF Imperial
  942 F.2d 668· 9th Cir.· 1991-08-20 ·cited 6×
  The court held that California's one-year statute of limitations for personal injury actions applies to federal civil rights claims under 42 U.S.C. §§ 1983 and 1985(3). The court reversed dismissal of the inverse condemnation claim, finding that a legitimate regulatory purpose do
• Perkins v. Silverstein
  939 F.2d 463· 7th Cir.· 1991-08-07 ·cited 6×
  The court held that the district court properly dismissed the plaintiffs' claims because the complaint, even as amended, failed to state a claim upon which relief could be granted, and the denial of leave to amend was not an abuse of discretion.
• Planned Parenthood OF S. Nev., Inc. v. Clark Cnty. Sch. Dist.
  941 F.2d 817· 9th Cir.· 1991-08-05 ·cited 6×
• Thompson v. Duke
  940 F.2d 192· 7th Cir.· 1991-08-02 ·cited 6×
• Glenwood Bridge, Inc. v. City OF Minneapolis
  940 F.2d 367· 8th Cir.· 1991-08-02 ·cited 6×
  The court held that the appellant failed to demonstrate irreparable injury or a sufficient likelihood of success on the merits to warrant injunctive relief.
• Jund v. The Town of Hempstead
  941 F.2d 1271· 2d Cir.· 1991-07-26 ·cited 6×
  The court held that unincorporated associations can be held liable under § 1983 based on authorization or apparent authority of their agents, not requiring proof of membership ratification. Federal law governs this issue, not state law.
• Brooks v. Cook
  938 F.2d 1048· 9th Cir.· 1991-07-22 ·cited 6×
  The court held that informing the jury about the potential for attorneys' fees under 42 U.S.C. § 1988 and allowing defense counsel to comment on it was an abuse of discretion, as it could prejudice the jury and undermine the statute's purpose. The court also found the award of at
• Hidahl v. Gilpin Cnty. Dep't OF Soc. Servs.
  938 F.2d 1150· 10th Cir.· 1991-07-16 ·cited 6×
  The court held that the plaintiffs' complaint failed to allege facts sufficient to overcome the defendants' qualified immunity defense, as it did not demonstrate a violation of clearly established constitutional or statutory rights.
• Price v. State OF Haw.
  939 F.2d 702· 9th Cir.· 1991-07-11 ·cited 6×
  The court held that claims against the State are barred by immunity, claims against private parties fail for lack of state action, but damage claims against state officials in their individual capacities may proceed.
• Loyd W. LaFEVERS v. Saffle
  936 F.2d 1117· 10th Cir.· 1991-06-21 ·cited 6×
  The court held that the district court abused its discretion in dismissing the inmate's First and Fourteenth Amendment claims regarding a vegetarian diet, but did not abuse its discretion in dismissing the Eighth Amendment claim.
• Archuleta v. The Colo. Dep't OF Insts.
  936 F.2d 483· 10th Cir.· 1991-06-20 ·cited 6×
  The court affirmed the district court's judgment, holding that the plaintiff failed to prove retaliation, that her sex discrimination claim was not reasonably related to her EEOC charge, and that her substantive due process claim failed because adequate post-termination remedies
• Williams v. Adams
  935 F.2d 960· 8th Cir.· 1991-06-11 ·cited 6×
  A verified complaint is equivalent to an affidavit for summary judgment purposes, and a plaintiff is not required to file a separate affidavit if the complaint adequately alleges facts supporting their claim.
• Schnuck v. City OF Santa Monica
  935 F.2d 171· 9th Cir.· 1991-06-04 ·cited 6×
  The court held that the plaintiff's takings claim was not ripe because she failed to seek compensation through available state procedures, and her due process and equal protection claims failed because the rent control law was a rational means to achieve legitimate governmental p
• Magnuson v. The City OF Hickory Hills
  933 F.2d 562· 7th Cir.· 1991-05-29 ·cited 6×
  The court held that the Magnusons' claims were moot because they had complied with the sewer rehabilitation program and faced no reasonable expectation of future harm, and their constitutional claims lacked merit.
• Stuard Wegener v. City OF Covington & Joseph Condit
  933 F.2d 390· 6th Cir.· 1991-05-16 ·cited 6×
  The court held that the district court erred by failing to make explicit findings on qualified immunity, requiring reversal and remand.
• Covino v. Vt. Dep't OF Corr.
  933 F.2d 128· 2d Cir.· 1991-05-14 ·cited 6×
  The court held that a state may create a liberty interest in remaining in the general prison population through mandatory statutes or regulations, and that prolonged administrative segregation may amount to punishment violating constitutional rights.
• Yerardi's Moody St. Rest. & Lounge, Inc. v. Bd. OF Selectmen OF THE Town OF Randolph
  932 F.2d 89· 1st Cir.· 1991-05-09 ·cited 6×
  The court held that the evidence of malicious intent was insufficient as a matter of law to support a jury's finding of an equal protection violation, rendering any instructional error harmless.
• Kendrick v. Bland
  931 F.2d 421· 6th Cir.· 1991-05-02 ·cited 6×
  The court held that the District Court correctly applied a standard requiring institution-wide violations for contempt, but erred in its findings regarding cell searches due to ambiguity in the consent decree.
• Wheaton v. Freddye Webb-Petett
  931 F.2d 613· 9th Cir.· 1991-05-01 ·cited 6×
  The court held that the plaintiff had a constitutionally protected property interest in his management service employment, but not a liberty interest or a First Amendment claim. The defendant was entitled to qualified immunity for damages claims.
• Taylor v. Wallace
  931 F.2d 698· 10th Cir.· 1991-04-30 ·cited 6×
  The court held that the record lacked sufficient indicia of reliability for confidential informant testimony, thus violating due process, and vacated the dismissal.
• Cooper v. Sheriff, Lubbock Cnty., Tex.
  929 F.2d 1078· 5th Cir.· 1991-04-30 ·cited 6×
  The court held that the district court erred in dismissing the prisoner's § 1983 claim for failure to state a claim, as the complaint alleged sufficient facts regarding unconstitutional deprivation of food and punishment without due process.
• Wyatt v. Cole
  928 F.2d 718· 5th Cir.· 1991-04-17 ·cited 6×
  Monetary damages against private defendants are barred by good faith immunity, and attorneys fees against them are also barred. The state is liable for attorneys fees for its officials' enforcement of an unconstitutional statute, but the fee award calculation requires remand.
• Rattner v. Netburn
  930 F.2d 204· 2d Cir.· 1991-04-09 ·cited 6×
  The court held that the district court improperly granted summary judgment on the freedom of speech claim because the evidence, viewed favorably to the nonmoving party, could support an inference that the defendant's letter constituted a veiled threat of reprisal. The court also
• 701 Pharmacy Corp. v. Perales
  930 F.2d 163· 2d Cir.· 1991-04-05 ·cited 6×
  The court held that the Department's practice of affording a hearing for Medicaid providers terminated for cause but not for those terminated without cause does not violate the Equal Protection Clause.
• Purvis v. Ponte
  929 F.2d 822· 1st Cir.· 1991-04-02 ·cited 6×
  The court held that while the complaint was not frivolous, the plaintiff received sufficient procedural protections and failed to state a claim for an Eighth Amendment violation.
• McCORD v. Maggio
  927 F.2d 844· 5th Cir.· 1991-04-02 ·cited 6×
  The court held that the plaintiff inmate was subjected to cruel and unusual punishment in violation of the Eighth Amendment due to deplorable prison conditions, and that the defendant official was not entitled to qualified immunity under the circumstances.
• Inmates OF Orient Corr. Inst. v. Ohio State Adult Parole Auth.
  929 F.2d 233· 6th Cir.· 1991-03-26 ·cited 6×
  The court held that Ohio law does not create a constitutionally protected liberty interest in being released on parole at a specific time, even after an 'on or after' date has been set.
• Ruark v. Solano
  928 F.2d 947· 10th Cir.· 1991-03-20 ·cited 6×
  The court held that a prisoner's claim of denial of access to legal resources was improperly dismissed, but claims regarding prison conditions and extradition did not state constitutional violations. The claim against the director was dismissed, but the claim against the legal as
• Steven v. Summers
  927 F.2d 1165· 10th Cir.· 1991-03-13 ·cited 6×
  The court held that the district court abused its discretion by failing to consider the plaintiff's timely objections to the magistrate's report, and thus vacated the judgment on that motion and remanded for further proceedings.
• Royal Russell Long v. Shillinger
  927 F.2d 525· 10th Cir.· 1991-03-06 ·cited 6×
  The court held that the plaintiff failed to prove actual injury resulting from the due process violation during extradition, thus limiting damages to nominal. The court also found no abuse of discretion in denying the appointment of counsel.
• Donald v. Balfour J. Rast
  927 F.2d 379· 8th Cir.· 1991-03-01 ·cited 6×
  The dissenting judge believes the trial court erred in excluding evidence, thus denying the appellant a fair trial.
• Wilder v. Chairman OF THE Cent. Classification Bd.
  926 F.2d 367· 4th Cir.· 1991-02-25 ·cited 6×
  A pro se prisoner's notice of appeal is not deemed filed under the Houston mailbox rule when it is delivered to prison authorities for forwarding to a third party, rather than directly to the district court.
• Hughes v. City OF Fort Collins
  926 F.2d 986· 10th Cir.· 1991-02-25 ·cited 6×
  The court held that the district court did not abuse its discretion in denying sanctions under Rule 11, despite confusing the subjective and objective standards, because it ultimately found a good faith argument for modification of existing law.
• Erdman v. Cochise Cnty.
  926 F.2d 877· 9th Cir.· 1991-02-22 ·cited 6×
  A Rule 68 Offer of Judgment, once accepted, cannot be rescinded based on the offeror's unilateral mistake regarding the inclusion of attorney fees as 'costs' under 42 U.S.C. § 1988, especially when the offer's language is unambiguous.
• Vandiver v. Hardin Cnty. Bd. OF Educ.
  925 F.2d 927· 6th Cir.· 1991-02-12 ·cited 6×
  The court held that the student's free exercise and equal protection claims failed because the state's academic credit requirements were neutral, generally applicable laws, and that the parents' claims were barred by the statute of limitations and lack of standing.
• Gentile v. The Cnty. OF Suffolk
  926 F.2d 142· 2d Cir.· 1991-02-11 ·cited 6×
  The dissenting judge argues that the jury's verdict was bizarre and inconsistent, and that the trial judge made numerous prejudicial errors regarding the admissibility of evidence and jury instructions.
• Kenneth Freeman (Hassan Muhammad) v. Alim Abdullah
  925 F.2d 266· 8th Cir.· 1991-02-08 ·cited 6×
  The court held that the district court erred in dismissing the inmate's complaint prior to service of process, as the complaint had an arguable basis in law and fact.
• Cooper v. Dupnik
  924 F.2d 1520· 9th Cir.· 1991-02-06 ·cited 6×
  Denying a suspect counsel to coerce a confession violates due process and 42 U.S.C. § 1983, regardless of the suspect's guilt or innocence.
• Haphey v. Linn Cnty.
  924 F.2d 1512· 9th Cir.· 1991-02-05 ·cited 6×
  A plaintiff who obtains substantial relief in an administrative proceeding that considers the facts underlying a constitutional claim is barred by the doctrine of election of remedies from pursuing a subsequent section 1983 action for damages in federal court.
• Boyle v. The Governor's Veterans Outreach & Assistance Ctr.
  925 F.2d 71· 3d Cir.· 1991-01-31 ·cited 6×
  The court held that the dismissal of an employee by a federally funded organization was not state action, and therefore not actionable under 42 U.S.C. § 1983, because the organization's relationship with the state was too tenuous.