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

• Finkelstein v. Bergna
  924 F.2d 1449· 9th Cir.· 1991-01-29 ·cited 6×
  The court held that the law was clearly established that a deputy prosecutor could not be disciplined for exercising First Amendment rights, and thus the official was not entitled to qualified immunity.
• Cont'l Cas. Co. v. Canadian Universal Ins. Co.
  924 F.2d 370· 1st Cir.· 1991-01-25 ·cited 6×
  The court held that the CUI policy covered the Irvine claim for mental anguish and emotional injury, and that CUI was primary insurer. For the Bagley settlement, CUI was liable for damages, and CNA was liable for attorney's fees attributable to specific claims against the Univers
• Nolan Longmire v. Guste
  921 F.2d 620· 5th Cir.· 1991-01-24 ·cited 6×
  The court held that the use of "et al." in a notice of appeal is not a jurisdictional defect when naming appellees, and that the record was insufficient to grant summary judgment on the constitutionality of the restitution statute as applied.
• Stewart v. McMANUS
  924 F.2d 138· 8th Cir.· 1991-01-22 ·cited 6×
  The court held that the Interstate Corrections Compact and its implementing contract did not mandate the application of Kansas disciplinary rules to inmates transferred to Iowa, and that the use of flex cuffs during a prison disturbance did not violate the Eighth Amendment.
• Langford v. Gay Lane
  921 F.2d 677· 6th Cir.· 1991-01-03 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
• Henry v. Metro. Sewer Dist.
  922 F.2d 332· 6th Cir.· 1990-12-27 ·cited 6×
  The court held that the Eleventh Amendment requires remand of official capacity claims barred by sovereign immunity, not dismissal without prejudice, and that jurisdiction over individual capacity claims is not divested by the presence of barred official capacity claims. The cour
• Rivera v. Puerto RICO Tel. Co.
  921 F.2d 393· 1st Cir.· 1990-12-21 ·cited 6×
  The court held that the district court did not abuse its discretion in reversing its prior order allowing amendment of the notice of appeal, and affirmed the denial of the motion to extend time to appeal.
• Powell v. Basham
  921 F.2d 165· 8th Cir.· 1990-12-11 ·cited 6×
  The court held that the defendants were not entitled to qualified immunity because the deputy sheriff's First Amendment right to criticize the department's promotion practices was clearly established by the time of the alleged violations.
• Mayfield v. Collins
  918 F.2d 560· 5th Cir.· 1990-12-07 ·cited 6×
  The court held that the prisoner's appeal was frivolous and dismissed it, imposing a sanction to prevent future waste of judicial resources.
• Walter v. Torres
  917 F.2d 1379· 5th Cir.· 1990-11-29 ·cited 6×
  Parole board members have absolute immunity for adjudicative functions (applying rules to individual cases) but only qualified immunity for administrative functions (enacting rules).
• Jewell v. Cnty. OF Nassau
  917 F.2d 738· 2d Cir.· 1990-10-30 ·cited 6×
  A dismissal without prejudice to allow exhaustion of state remedies would time-bar a § 1983 claim if the statute of limitations has run, and a judicial stay, not dismissal, is the proper mechanism to avoid the limitations bar.
• United Ass'n OF Black Landscapers v. City OF Milwaukee
  916 F.2d 1261· 7th Cir.· 1990-10-29 ·cited 6×
  The court held that summary judgment was properly granted because the plaintiffs failed to establish a prima facie case of disparate impact by identifying specific discriminatory practices, and the individual claims failed to demonstrate pretext or qualification.
• Campbell v. Colin F. White
  916 F.2d 421· 7th Cir.· 1990-10-24 ·cited 6×
  A Fourth Amendment seizure does not occur when a government official's actions result in an accidental collision, rather than an intentional application of means to terminate an individual's freedom of movement.
• Ortega-Rosario v. Alvarado-Ortiz
  917 F.2d 71· 1st Cir.· 1990-10-23 ·cited 6×
  An 'irregular employee' under Puerto Rico law, who lacks a property interest in continued employment, is not deprived of a liberty interest by termination unless false and defamatory charges are disseminated by the employer and stigmatize the employee.
• Walker v. Sumner
  917 F.2d 382· 9th Cir.· 1990-10-22 ·cited 6×
  The court held that prison officials failed to provide evidence that a mandatory blood test, purportedly for AIDS screening, was reasonably related to legitimate penological interests, thus summary judgment was inappropriate.
• Lakeview Dev. Corp. v. City OF S. Lake Tahoe
  915 F.2d 1290· 9th Cir.· 1990-09-28 ·cited 6×
  A developer's vested right to complete a project is lost if they unreasonably delay proceeding with development after obtaining preliminary permits, even if the project was initially conceived as unitary.
• Sanchez v. City OF Santa ANA
  915 F.2d 424· 9th Cir.· 1990-09-25 ·cited 6×
  The court held that the City violated the officer's due process rights by removing his merit pay without a hearing, but that his claim for emotional distress damages was barred by a prior workers' compensation award.
• Oldring v. Sch. Bd. OF Duval Cnty.
  567 So. 2d 519· Fla. 1st DCA· 1990-09-21 ·cited 6×
  Theresa Oldring appealed the trial court's award of attorney's fees and costs to the School Board of Duval County in her § 1983 civil rights action. The appellate court reversed, holding that a defendant seeking attorney's fees under 42 U.S.C. § 1988 must establish the plaintiff'
• Webster v. Attorney
  913 F.2d 510· 8th Cir.· 1990-09-05 ·cited 6×
  A claim for deprivation of a prompt judicial determination of probable cause under Gerstein v. Pugh survives a subsequent conviction for the underlying offense and is not barred by collateral estoppel. A pro se plaintiff's allegations against a sheriff, liberally construed, may b
• Scott v. Flowers
  910 F.2d 201· 5th Cir.· 1990-08-20 ·cited 6×
  The dissenting judge holds that the plaintiff's section 1983 suit is barred under the rationale of Thomas v. Kadish because the Texas Commission on Judicial Conduct functioned as a court and review was available, and the reprimand was a non-actionable expression of opinion.
• Orebaugh v. Caspari
  910 F.2d 526· 8th Cir.· 1990-08-07 ·cited 6×
  The court held that the district court properly dismissed the prisoner's pro se complaint as frivolous, finding no constitutional violations.
• Rosenthal v. Justices OF THE Supreme Court OF Cal.
  910 F.2d 561· 9th Cir.· 1990-08-01 ·cited 6×
  The court held that the district court correctly dismissed the appellant's claims challenging his disbarment proceedings, affirming the dismissal.
• Madewell v. Roberts
  909 F.2d 1203· 8th Cir.· 1990-07-31 ·cited 6×
  The court held that claims of retaliation and cruel and unusual punishment based on specific working conditions require a hearing, and that denial of class status may present an equal protection issue.
• Sockwell v. Phelps
  906 F.2d 1096· 5th Cir.· 1990-07-31 ·cited 6×
  A magistrate lacks the authority to try a civil case and enter judgment if the parties withdraw their consent to proceed before the magistrate, and this error is not subject to harmless error analysis.
• Adams v. Hansen
  906 F.2d 192· 5th Cir.· 1990-07-23 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that a prisoner's allegations of significant injury from excessive force, even if not 'severe,' are sufficient to state an Eighth Amendment claim and are not frivolous.
• Fields v. Durham
  909 F.2d 94· 4th Cir.· 1990-07-19 ·cited 6×
  The court held that the plaintiff received constitutionally adequate pre-deprivation process and had sufficient post-deprivation remedies available, thus failing to state a claim under 42 U.S.C. § 1983.
• Sanders v. MacArthur Woodruff
  908 F.2d 310· 8th Cir.· 1990-07-10 ·cited 6×
  The reassignment of an inmate to a more restrictive housing level, even if labeled administrative, may be punitive and thus require due process protections if it is not rationally related to a legitimate governmental purpose.
• McCarthy v. Bronson
  906 F.2d 835· 2d Cir.· 1990-06-22 ·cited 6×
  The court held that the procedural irregularities did not impair the validity of the judgment, affirming the denial of the prisoner's claims.
• Gilbert v. Collins
  905 F.2d 61· 5th Cir.· 1990-06-19 ·cited 6×
  The court held that a magistrate's dismissal of a prisoner's excessive force claim, based on unauthenticated hearsay and improperly disregarding the prisoner's testimony, was erroneous.
• Zamlen v. The City OF Cleveland
  906 F.2d 209· 6th Cir.· 1990-06-11 ·cited 6×
  The court held that the statistical evidence presented was insufficient to establish a prima facie case of intentional discrimination under § 1983, and that the exclusion of female firefighters' testimony, while improper, did not result in substantial injustice. The court affirme
• Henne v. Wright
  904 F.2d 1208· 8th Cir.· 1990-05-23 ·cited 6×
  The court held that parents have a fundamental right to name their children, and the state's interest in administrative convenience is not compelling enough to override this right.
• Patterson v. Coughlin
  905 F.2d 564· 2d Cir.· 1990-05-16 ·cited 6×
  The court held that while the prisoner was entitled to summary judgment on liability for the due process violation, the prison officials were entitled to a jury trial on the issue of damages.
• Rocky v. King
  900 F.2d 864· 5th Cir.· 1990-05-15 ·cited 6×
  A class action is moot if the named plaintiff's individual claim became moot before the district court ruled on class certification, and the claim does not fit the 'capable of repetition, yet evading review' exception.
• Czajka v. Black
  901 F.2d 1484· 8th Cir.· 1990-05-02 ·cited 6×
  The court affirmed the district court's denial of the motion for a new trial and the adverse jury verdicts.
• Moreland v. Wharton
  899 F.2d 1168· 11th Cir.· 1990-05-01 ·cited 6×
  A district court abuses its discretion by dismissing a prisoner's pro se complaint under 28 U.S.C. § 1915(d) if the complaint states a constitutional claim with an arguable basis in law and fact, without conducting a sufficient inquiry.
• Brogan v. SAN Mateo Cnty.
  901 F.2d 762· 9th Cir.· 1990-04-18 ·cited 6×
  The court held that the workfare program and its administration did not violate the Constitution or Brogan's civil rights, and that adequate state remedies existed for any potential state law claims.
• David Bruce Gilbert, M.D. v. Ben-Asher
  900 F.2d 1407· 9th Cir.· 1990-04-16 ·cited 6×
  The court held that the plaintiff's claims were barred by res judicata and collateral estoppel due to prior state court adjudications and stipulations.
• Swift v. Lewis
  901 F.2d 730· 9th Cir.· 1990-04-06 ·cited 6×
  The court held that summary judgment was improper because the prison failed to provide evidence that its grooming policy was reasonably related to legitimate penological interests and that the district court erred in dismissing a damages claim against a private party.
• Wood v. Housewright
  900 F.2d 1332· 9th Cir.· 1990-04-02 ·cited 6×
  The court affirmed the judgment, finding no personal liability for Eighth Amendment violations despite acknowledging deliberate indifference.
• Laurence Burgin v. Crispus NIX
  899 F.2d 733· 8th Cir.· 1990-03-30 ·cited 6×
  The court held that the prison policy did not create a liberty interest protected by the Fourteenth Amendment, as it lacked specific substantive criteria and mandatory language guiding the decision-makers regarding sacked meals.
• DeYOUNG v. Patten
  898 F.2d 628· 8th Cir.· 1990-03-14 ·cited 6×
  The court held that while there was state action, political candidates have no constitutional right to appear on television, and there is no implied private cause of action under the Federal Communications Act for violation of the equal time provision, nor is it enforceable under
• Blankenship v. Gunter
  898 F.2d 625· 8th Cir.· 1990-03-13 ·cited 6×
  A prison regulation prohibiting inmates from using their trust fund accounts for religious donations is valid if reasonably related to legitimate penological interests, and inmates have alternative means to make such donations.
• Dixon v. The City OF Lawton
  898 F.2d 1443· 10th Cir.· 1990-03-08 ·cited 6×
  The court's majority opinion, while ultimately ruling for defendants, improperly discussed a § 1983 conspiracy claim that was neither pleaded nor raised on appeal.
• Barnard v. Hans Q. Chamberlain
  897 F.2d 1059· 10th Cir.· 1990-03-08 ·cited 6×
  The court held that the Utah Bar Letter was a nonpublic forum and the Bar Commission's refusal to publish the plaintiff's opinion article was not impermissible viewpoint-based discrimination, thus not violating the plaintiff's First Amendment rights.
• Elling O. Eide v. Sarasota Cnty.
  895 F.2d 1326· 11th Cir.· 1990-03-08 ·cited 6×
  A landowner's federal claims challenging zoning regulations are not ripe until the local authority has made a final decision regarding the application of the regulation to the property, and the landowner has submitted at least one meaningful application for development.
• Thompson v. Crispus NIX
  897 F.2d 356· 8th Cir.· 1990-03-01 ·cited 6×·via § 1983 Suit
  The court held that factual errors in a magistrate's report, adopted by the district court without objection, constitute plain error requiring vacation and remand.
• Burns v. Reed
  894 F.2d 949· 7th Cir.· 1990-02-06 ·cited 6×
• Auriemma v. Rice
  895 F.2d 338· 7th Cir.· 1990-02-06 ·cited 6×
  The court, in a dissenting opinion, argues that the majority misapplied qualified immunity, particularly regarding the alleged racial demotions and First Amendment retaliation claims.
• FOX v. T.A. Coughlin, III
  893 F.2d 475· 2d Cir.· 1990-01-04 ·cited 6×
  The court held that the prison officials were protected by qualified immunity because the inmate did not have a clearly established right to assistance in preparing his defense or to have two specific correctional officers interviewed at the disciplinary hearing at the time of th
• Arnold v. Jones
  891 F.2d 1370· 8th Cir.· 1989-12-21 ·cited 6×
  Unarmed prison officials have no duty as a matter of law to physically intervene in a violent inmate fight that could cause them serious injury or worsen the situation, and are therefore entitled to qualified immunity.