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

• Duffy v. Sarault
  892 F.2d 139· 1st Cir.· 1989-12-19 ·cited 6×
  The court held that findings regarding whether an employee would have been terminated regardless of protected speech are factual determinations subject to the clearly erroneous standard of review, not de novo review.
• Cito v. Bridgewater Twp. Police Dep't
  892 F.2d 23· 3d Cir.· 1989-12-18 ·cited 6×
  The court held that the New Jersey two-year statute of limitations for personal injury actions, N.J.S.A. 2A: 14-2, applies to Section 1983 claims, not the six-year residual statute.
• Janetka v. Dabe
  892 F.2d 187· 2d Cir.· 1989-12-15 ·cited 6×
  An acquittal on a resisting arrest charge constitutes a favorable termination for a malicious prosecution claim, even if the defendant was convicted of a related disorderly conduct charge arising from the same incident.
• Solomon v. Zant
  888 F.2d 1579· 11th Cir.· 1989-11-30 ·cited 6×
  The court held that the institutional policy prohibiting death row inmates from leaving their cell block unless shaving requirements are met is a permissible restriction, and enforcing it does not violate an inmate's constitutional rights.
• Darius Gittens v. Superintendent Eugene S. LeFEVRE
  891 F.2d 38· 2d Cir.· 1989-11-29 ·cited 6×
  The court held that New York regulations failing to provide inmates an adequate opportunity to be heard within a reasonable time of administrative confinement violate due process, but affirmed dismissal based on qualified immunity because defendants acted reasonably in reliance o
• Maxey v. Fulton
  890 F.2d 279· 10th Cir.· 1989-11-29 ·cited 6×
  The court held that the district court's order denying summary judgment and protective order did not conclusively determine the appellant's qualified immunity but impermissibly infringed on his immunity from overly broad discovery, thus warranting appellate review.
• Violeta Adams v. Bainbridge-Decatur Cnty. Hosp. Auth. & its Members
  888 F.2d 1356· 11th Cir.· 1989-11-24 ·cited 6×
  The court held that the plaintiff-appellant, an at-will employee under Georgia law, did not possess a property interest in her continued employment and was therefore not entitled to procedural due process upon termination.
• Wilson v. Brown
  889 F.2d 1195· 1st Cir.· 1989-11-21 ·cited 6×
  A suit against a state official in their official capacity for monetary damages under 42 U.S.C. § 1983 is barred because state officials are not considered 'persons' under the statute. Injunctive relief was not timely sought.
• Rosa R. v. Connelly
  889 F.2d 435· 2d Cir.· 1989-11-09 ·cited 6×
  The court affirmed the district court's judgment, holding that the school board's actions did not violate due process or equal protection, and that the local board was not entitled to Eleventh Amendment immunity.
• Sullivan v. Carrick
  888 F.2d 1· 1st Cir.· 1989-10-25 ·cited 6×
  The court held that the defendant's actions did not violate clearly established First Amendment rights, and therefore qualified immunity applied.
• Newsom v. Norris
  888 F.2d 371· 6th Cir.· 1989-10-19 ·cited 6×
  The court held that while inmates have no property interest in continued employment as inmate advisors, they do have a liberty interest protected by the First Amendment against retaliation for exercising their speech rights.
• Huron Valley Hosp., Inc. v. City OF Pontiac
  887 F.2d 710· 6th Cir.· 1989-10-13 ·cited 6×
  The court held that the plaintiffs' § 1983 claims were properly dismissed because adequate state remedies existed to address the alleged due process violations, even if those remedies provided less relief than § 1983.
• Gillette v. Delmore
  886 F.2d 1194· 9th Cir.· 1989-10-05 ·cited 6×
  The court held that the fireman's speech regarding the Dunsmoor incident involved a matter of public concern and raised factual questions about causation and the employer's justification for termination, but his speech during a phone call about a building permit was private conce
• Albright v. The Longview Police Dep't
  884 F.2d 835· 5th Cir.· 1989-10-02 ·cited 6×
  The court held that Good Shepherd Hospital was not a state actor for § 1983 purposes, reversing Albright's judgment in part, but affirmed the judgment in favor of Page.
• Brower v. Cnty. OF Inyo
  884 F.2d 1316· 9th Cir.· 1989-09-18 ·cited 6×
  The court held that the necessity of using deadly force to stop a fleeing suspect is a factual question that cannot be resolved on a motion to dismiss.
• Duran v. Garrey Carruthers
  885 F.2d 1485· 10th Cir.· 1989-09-15 ·cited 6×
  The court held that the district court did not err in denying the defendants' motion to vacate parts of the consent decree, affirming the lower court's decision.
• Lenell Geter v. Fortenberry
  882 F.2d 167· 5th Cir.· 1989-09-05 ·cited 6×
  The court held that a police officer is not liable for false testimony given on the witness stand due to absolute immunity, but specific factual allegations of misconduct in an investigation can overcome qualified immunity.
• Callwood v. Questel
  883 F.2d 272· 3d Cir.· 1989-08-30 ·cited 6×
  The court held that the Virgin Islands' tolling statute may suspend the running of the statute of limitations for a prisoner's civil rights action, and remanded for factual determination.
• Thorstenn v. Barnard
  883 F.2d 217· 3d Cir.· 1989-08-22 ·cited 6×
  The court held that plaintiffs are entitled to attorneys' fees under 42 U.S.C. § 1988 for services rendered in the district court, court of appeals, and Supreme Court, but fees against the Virgin Islands Bar Association are denied.
• Biegenwald v. Fauver
  882 F.2d 748· 3d Cir.· 1989-08-11 ·cited 6×
  The court held that abstention was improper because there is substantial doubt the plaintiff could obtain a construction of the relevant state statute in any state proceeding.
• Johnson v. State OF Tex.
  878 F.2d 904· 5th Cir.· 1989-08-04 ·cited 6×
  An order holding a § 1983 civil rights suit in abeyance pending exhaustion of state habeas corpus remedies is appealable under the collateral order doctrine.
• Clift v. Int'l Union
  881 F.2d 408· 7th Cir.· 1989-08-03 ·cited 6×
  The court held that state personal injury statutes of limitations, not Section 10(b) of the NLRA, provide the appropriate borrowed limitations period for claims under Section 101(a)(1) of the LMRDA.
• Russell v. Hardin
  879 F.2d 417· 8th Cir.· 1989-07-18 ·cited 6×
  The court held that law enforcement officers are entitled to qualified immunity from suit when their conduct is objectively legally reasonable, even if they cooperated with the IRS in seizing property.
• Molloy v. Wilson
  878 F.2d 313· 9th Cir.· 1989-06-28 ·cited 6×
  The court held that the one-year limitation period of Rule 60(b)(1) does not bar a motion to vacate when the party did not receive notice of the dismissal order, allowing for consideration under Rule 60(b)(6).
• Stevenson v. Koskey
  877 F.2d 1435· 9th Cir.· 1989-06-26 ·cited 6×
• J.H.H. and S.C.H. v. O'Hara
  878 F.2d 240· 8th Cir.· 1989-06-23 ·cited 6×
  The court held that the consideration of race in a foster placement decision, made pursuant to a regulation requiring consideration of a child's racial and ethnic needs, was an insufficient basis for imposing liability because the constitutional standards were not clearly establi
• Thomas v. Douglas
  877 F.2d 1428· 9th Cir.· 1989-06-22 ·cited 6×
  The court held that summary judgment was properly granted because the plaintiff failed to establish that his protected speech was a substantial or motivating factor in the employer's decision, that he was placed in imminent danger, or that the working conditions constituted wrong
• Praprotnik v. City OF ST. Louis
  879 F.2d 1573· 8th Cir.· 1989-06-21 ·cited 6×
  The court held that the plaintiff failed to establish municipal liability under 42 U.S.C. § 1983 because the supervisors responsible for his transfer and termination lacked final policymaking authority and there was no evidence of an unconstitutional municipal policy.
• Perry v. Kunz
  878 F.2d 1056· 8th Cir.· 1989-06-19 ·cited 6×
  The court held that a plaintiff in an age discrimination case is not limited to the McDonnell Douglas burden-shifting framework and may present direct evidence of discrimination, which, if believed, can suffice to prove the case.
• Tyler v. Rich Berodt
  877 F.2d 705· 8th Cir.· 1989-06-15 ·cited 6×
  The court held that cordless telephone conversations were not protected 'wire communications' under the Wiretap Act because the users lacked a justifiable expectation of privacy.
• Harper v. Wallingford
  877 F.2d 728· 9th Cir.· 1989-06-14 ·cited 6×
  The court held that prison officials were justified in withholding mail from an inmate when the material was reasonably related to legitimate penological interests, specifically prison security and inmate rehabilitation.
• Askins v. Dist. OF Columbia
  877 F.2d 94· D.C. Cir.· 1989-06-09 ·cited 6×
  The court held that the district court did not err in dismissing the Eighth Amendment claim with prejudice via summary judgment, as the plaintiff failed to establish an essential element of the claim.
• Kinan v. City OF Brockton
  876 F.2d 1029· 1st Cir.· 1989-06-02 ·cited 6×
  The court affirmed the directed verdicts and jury findings, holding that the trial court did not err in excluding evidence, directing verdicts, or in its jury instructions.
• Schloss v. Patrolman Bouse
  876 F.2d 287· 2d Cir.· 1989-05-30 ·cited 6×
  A prosecutor is entitled to absolute immunity from a damages suit challenging a demand for a release in exchange for a decision not to prosecute, as this is considered a prosecutorial function.
• Timothy W. v. Rochester
  875 F.2d 954· 1st Cir.· 1989-05-24 ·cited 6×
  The Education for All Handicapped Children Act mandates a free appropriate public education for all handicapped children, regardless of the severity of their handicap or their capacity to benefit.
• Felton v. Fayette Sch. Dist.
  875 F.2d 191· 8th Cir.· 1989-05-19 ·cited 6×
  The court held that a school district's rule requiring good citizenship for participation in off-campus vocational programs, when applied to a student adjudicated delinquent, does not violate the Equal Protection Clause under a rational basis review.
• Shields v. Burge
  874 F.2d 1201· 7th Cir.· 1989-05-15 ·cited 6×
  The court held that while the allegations of governmental interference with a psychotherapeutic relationship may implicate a right of privacy, the right is not sufficiently established to overcome qualified immunity at this stage.
• Ewers v. Bd. OF Cnty. Comm'rs OF the Cnty. OF Curry & Anita C. Merrill & Michael C. Gattis
  874 F.2d 736· 10th Cir.· 1989-05-10 ·cited 6×
  The court held that the district court's summary judgment dismissing the plaintiff's property interest claim must be reversed because the Curry County Personnel Policies, combined with subsequent Supreme Court and circuit precedent, created a genuine issue of material fact regard
• Kaiser v. Lief
  874 F.2d 732· 10th Cir.· 1989-05-10 ·cited 6×
  The court held that the search warrant was validly issued, the seizure of furs was permissible under the plain view doctrine, and the jury instructions were proper.
• Lubavitch OF Iowa, Inc. v. Walters
  873 F.2d 1161· 8th Cir.· 1989-05-08 ·cited 6×
• Gardner v. Parson
  874 F.2d 131· 3d Cir.· 1989-05-03 ·cited 6×
  The court held that the district court abused its discretion by failing to appoint a new next friend for the child and dismissing her claims, but affirmed the dismissal of the grandmother's individual claims.
• Holman v. Cayce
  873 F.2d 944· 6th Cir.· 1989-05-02 ·cited 6×
  The court held that a police officer was improperly held in contempt for refusing to reveal the identity of a confidential informant, as the informant's identity was protected by the informer's privilege.
• Muckleshoot Tribe v. Puget Sound Power & Light Co.
  875 F.2d 695· 9th Cir.· 1989-04-27 ·cited 6×·via 42 U.S.C. § 1983 Action
  A prevailing plaintiff in a § 1983 action may sue for attorneys' fees unless the defendant demonstrates a clear waiver of fees as part of the settlement, even if the settlement agreement is silent on the issue.
• Altonette Jackson v. Raoul Galan
  868 F.2d 165· 5th Cir.· 1989-03-22 ·cited 6×
  The court held that the Sheriff, sued in his official capacity, was liable for attorney's fees under § 1988, but the Clerk of Court was not, due to lack of causal nexus and plaintiff not prevailing against him.
• Harlan L. Jacobsen v. Harris
  869 F.2d 1172· 8th Cir.· 1989-03-16 ·cited 6×
  The court held that the City's ordinance regulating newsracks, which requires a permit, fee, and insurance, is a constitutional time, place, and manner restriction that does not violate First Amendment, equal protection, or due process rights.
• Gorenc v. Salt River Project Agric. Improvement & Power Dist.
  869 F.2d 503· 9th Cir.· 1989-03-08 ·cited 6×
  The court held that the Salt River Project Agricultural Improvement and Power District acted as a private entity, not a state actor, when terminating an employee, and thus did not violate the employee's procedural due process rights under the Fourteenth Amendment.
• Pitts v. Bd. OF Educ. OF U.S.D. 305
  869 F.2d 555· 10th Cir.· 1989-03-07 ·cited 6×
  A public school teacher who knowingly waives his procedural rights under state law to a pretermination hearing forfeits his federal due process claim.
• Myers v. Scott Cnty.
  868 F.2d 1017· 8th Cir.· 1989-03-03 ·cited 6×
  The court affirmed the district court's grant of summary judgment, finding that the alleged violations did not rise to a constitutional level actionable under 42 U.S.C. § 1983.
• Perez-Serrano v. DeLEON-Velez
  868 F.2d 30· 1st Cir.· 1989-02-22 ·cited 6×
  In a § 1983 action seeking both damages and injunctive relief, common issues of liability must first be submitted to a jury, and the district court erred by resolving liability itself.
• Gerhard Bass v. Attardi
  868 F.2d 45· 3d Cir.· 1989-02-14 ·cited 6×
  Members of a New Jersey planning board and their agents are absolutely immune from section 1983 actions in their individual capacities; however, suits against them in their official capacities are treated as suits against the board itself, which has no immunity. The court could n