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

• Jamison-Bey v. Thieret
  867 F.2d 1046· 7th Cir.· 1989-02-09 ·cited 6×
  The court held that summary judgment was prematurely granted because the plaintiff's allegations, when liberally construed and viewed in his favor, raised genuine issues of material fact regarding Eighth Amendment violations.
• Ortiz v. Cornetta
  867 F.2d 146· 2d Cir.· 1989-02-06 ·cited 6×
  The court held that summary dismissal of the pro se plaintiff's complaint was improper because there was doubt as to whether it was timely filed and the plaintiff was not given an adequate opportunity to present evidence.
• Henry v. Perry
  866 F.2d 657· 3d Cir.· 1989-02-06 ·cited 6×
  The denial of a qualified immunity claim based on the objective legal reasonableness of the defendant's conduct is immediately appealable.
• Caldeira v. Cnty. OF Kauai
  866 F.2d 1175· 9th Cir.· 1989-02-02 ·cited 6×
  The court held that federal courts must give preclusive effect to state court judgments confirming arbitration awards, and that the plaintiff failed to present evidence of a conspiracy.
• Mayo v. Lane
  867 F.2d 374· 7th Cir.· 1989-01-25 ·cited 6×
  The court held that the plaintiff lacked standing to challenge a prison visitor ban because she failed to allege a concrete injury or a desire to visit any inmate.
• Young v. Coughlin
  866 F.2d 567· 2d Cir.· 1989-01-24 ·cited 6×
  The court held that a prisoner's First Amendment claim for denial of religious services was improperly dismissed on summary judgment because prison officials failed to provide a justification for the restrictions.
• Herrera v. Millsap
  862 F.2d 1157· 5th Cir.· 1989-01-09 ·cited 6×·via 42 U.S.C. § 1983 Claim
  Summary judgment for defendants is affirmed because the plaintiff failed to present evidence showing more than negligence, which is insufficient to establish a due process violation under § 1983.
• Melvin v. Nickolopoulos
  864 F.2d 301· 3d Cir.· 1988-12-30 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a prisoner's claim for damages for unlawful detention and denial of parole, even if related to a habeas corpus claim, should be treated as a civil rights action under 42 U.S.C. § 1983 and not dismissed for failure to exhaust state remedies.
• Barnes v. Sam R. Lehman, M.D.
  861 F.2d 1383· 5th Cir.· 1988-12-28 ·cited 6×
  The court held that the termination of workers' compensation benefits by a private insurer, even if based on a doctor's opinion and governed by state statutes, does not constitute state action for purposes of a § 1983 claim unless there is a sufficiently close nexus between the s
• Johansen v. The City OF Bartlesville
  862 F.2d 1423· 10th Cir.· 1988-12-09 ·cited 6×
  The court held that the plaintiffs' claims for injunctive and declaratory relief under § 1983 were moot, and their claims for punitive damages and under § 1985 were insufficient or withdrawn, warranting dismissal.
• Elba Estrada-Adorno v. Gonzalez
  861 F.2d 304· 1st Cir.· 1988-11-10 ·cited 6×
  The court held that defendants are entitled to qualified immunity from damages for plaintiff's federal claims because the federal law was not clearly established at the time of her dismissal.
• Crowell v. City OF Eastman
  859 F.2d 875· 11th Cir.· 1988-11-08 ·cited 6×
  The court held that a factual issue exists regarding whether the city manager represented that the personnel manual's procedural protections applied to the appellant's employment, making summary judgment improper.
• Borunda v. Richmond
  885 F.2d 1384· 9th Cir.· 1988-11-03 ·cited 6×
  The court held that the admission of evidence of prior acquittals and attorneys' fees incurred in the criminal case was not an abuse of discretion, and the denial of motions for nonsuit and directed verdict was proper.
• Coppinger v. Metro-North Commuter Railroad
  861 F.2d 33· 2d Cir.· 1988-11-03 ·cited 6×
  A district court has jurisdiction to hear a discharged employee's claim for damages and equitable relief under 42 U.S.C. § 1983, even if the discharge was upheld in arbitration under the Railway Labor Act, as the RLA does not preempt independent statutory and constitutional claim
• Taylor v. City OF Ballwin
  859 F.2d 1330· 8th Cir.· 1988-10-21 ·cited 6×
  The district court abused its discretion by denying Taylor's motion for default judgment against Brouk Ziegler due to its prolonged and unexcused delay in appearing and answering.
• Callie Walsdorf v. Bd. OF Comm'rs FOR THE E. Jefferson Levee Dist. & John Lauricella, Jr.
  857 F.2d 1047· 5th Cir.· 1988-10-18 ·cited 6×
  The court held that the defendant's discriminatory animus was a significant factor in denying the plaintiff a promotion, constituting a violation of Title VII, and affirmed the finding of retaliation.
• Rutledge v. Ariz. Bd. OF Regents
  859 F.2d 732· 9th Cir.· 1988-10-14 ·cited 6×
  A conspiracy to intimidate witnesses in a federal action does not cause cognizable injury under 42 U.S.C. § 1985(2) if the federal action is dismissed on purely legal grounds before trial, thus not affecting the claimant's ability to present their case.
• Hernandez v. Cepeda
  860 F.2d 260· 7th Cir.· 1988-10-14 ·cited 6×
  The court affirmed the trial court's decision because, despite egregious "harping" by defense counsel, the trial attorney failed to raise a specific objection on that issue, thus waiving it for appeal.
• Dorsey v. The City OF Detroit
  858 F.2d 338· 6th Cir.· 1988-10-04 ·cited 6×
  The court held that the trial court erred in admitting a police report withheld during discovery, entitling the mother to a new trial on her claims, but affirmed the judgment for the son and other claims.
• Samarzia v. Clark Cnty.
  859 F.2d 88· 9th Cir.· 1988-10-03 ·cited 6×
  The court held that a directed verdict was appropriate for the section 1983 due process claim due to lack of policymaker involvement, but reversed the directed verdict on the age discrimination claim, finding sufficient evidence of pretext for a jury to consider.
• Patton v. The Cnty. OF Kings
  857 F.2d 1379· 9th Cir.· 1988-09-30 ·cited 6×
  The court held that while the plaintiff's action was frivolous, the district court erred by not providing sufficient findings for the attorney's fee award calculation and by failing to consider the plaintiff's ability to pay.
• Birkenholz v. Sluyter
  857 F.2d 1214· 8th Cir.· 1988-09-27 ·cited 6×
  The court held that the defendants are entitled to qualified immunity because the plaintiff's due process rights were not clearly established at the time of the alleged violation, given the availability of state remedies.
• Cordell Moody v. J.O. Baker
  857 F.2d 256· 5th Cir.· 1988-09-19 ·cited 6×
  The court held that a prisoner's pro se complaint, despite stating a claim cognizable under 42 U.S.C. § 1983 when read in isolation, was properly dismissed as frivolous due to a history of similar filings and that sanctions were appropriate.
• Golden State Transit Corp. v. City OF LOS Angeles
  857 F.2d 631· 9th Cir.· 1988-09-15 ·cited 6×
  Section 1983 damages are not available because the City of Los Angeles did not directly violate the National Labor Relations Act, as required by circuit precedent.
• Hamilton v. Honorable Bob W. Robertson
  854 F.2d 740· 5th Cir.· 1988-09-13 ·cited 6×
  The court held that an order enjoining a party from filing new lawsuits within the same district court, without leave, is not an appealable injunction under 28 U.S.C. § 1292(a)(1).
• Carter v. Broadlawns Med. Ctr.
  857 F.2d 448· 8th Cir.· 1988-09-13 ·cited 6×
  The court held that a county hospital may constitutionally hire a chaplain to provide pastoral care as part of a wholistic treatment approach, and that restrictions imposed by the lower court based solely on patient immobility should be lifted.
• Johnson v. Chapel Hill Indep. Sch. Dist.
  853 F.2d 375· 5th Cir.· 1988-08-30 ·cited 6×
  The court held that the district court did not clearly err in finding intentional discrimination against Johnson and in part against Walton, but erred in finding Harcrow personally liable for Walton's non-renewal and in calculating Walton's front pay award.
• Meadows v. The State OF Ind.
  854 F.2d 1068· 7th Cir.· 1988-08-23 ·cited 6×
  The Eleventh Amendment bars this suit against the State of Indiana and its officials in their official capacities, as the state has not waived its immunity.
• Robinette v. Barnes
  854 F.2d 909· 6th Cir.· 1988-08-22 ·cited 6×
  The use of a properly trained police dog to apprehend a felony suspect does not constitute deadly force, and even if it did, the circumstances justified its use in this case.
• Rodriguez-Burgos v. Elec. Energy Auth.
  853 F.2d 31· 1st Cir.· 1988-08-03 ·cited 6×
  Defendants are entitled to qualified immunity from damages claims because the plaintiff's position as Head of the Materials Management Division at PREPA, as of January 1985, was not clearly protected against patronage dismissal, given its third-tier administrative status, policym
• Ezra Davis III v. Corrections Officer T. Bucher
  853 F.2d 718· 9th Cir.· 1988-08-02 ·cited 6×
  The court held that a correctional officer exhibiting an inmate's intimate photographs to other inmates does not violate the inmate's constitutional right to privacy under 42 U.S.C. § 1983.
• Hassett v. Lemay Bank & Tr. Co.
  851 F.2d 1127· 8th Cir.· 1988-07-22 ·cited 6×
  The court held that private misuse of a state statute, even if fraudulent, does not constitute a deprivation of constitutional rights under color of state law for a § 1983 claim. The district court did not abuse its discretion in declining pendent jurisdiction over state law clai
• T.J. Fountain, Jr. v. Metro. Atlanta Rapid Transit Auth.
  849 F.2d 1412· 11th Cir.· 1988-07-21 ·cited 6×
  The court held that Fountain's federal inverse condemnation claims were precluded by the doctrine of collateral estoppel because the issue of whether a 'taking' occurred was actually litigated and determined in the prior state court proceedings.
• Dace v. Solem
  858 F.2d 385· 8th Cir.· 1988-07-19 ·cited 6×
  The court held that a pro se prisoner's complaint, dismissed as frivolous before service, should not have been dismissed if it contained rational legal and factual arguments, even if undeveloped.
• Johnston v. Koppes
  850 F.2d 594· 9th Cir.· 1988-06-30 ·cited 6×
  The court held that the denial of summary judgment was proper because triable issues of fact remained regarding whether the plaintiff's First Amendment rights were violated and whether the defendants were entitled to qualified immunity.
• Liffiton v. Keuker
  850 F.2d 73· 2d Cir.· 1988-06-21 ·cited 6×
  Prosecutors are entitled to absolute immunity for judicial acts but only qualified immunity for investigative acts, and municipal liability requires proof of a policy. Claims against the state, a justice, a prosecutor for investigative acts, the county, and bank employees were pr
• Francis v. Coughlin
  849 F.2d 778· 2d Cir.· 1988-06-20 ·cited 6×
  The court held that the district court prematurely denied the defendants' motion to dismiss based on qualified immunity without fully addressing all asserted grounds for the defense. The appeal concerning the merits of one claim was dismissed for lack of jurisdiction.
• Murphy v. Morris
  849 F.2d 1101· 8th Cir.· 1988-06-16 ·cited 6×
  A state assistant attorney general is entitled to absolute immunity for regular advocacy functions performed in defense of civil rights litigation.
• Klingele v. Eikenberry
  849 F.2d 409· 9th Cir.· 1988-06-13 ·cited 6×
  The court held that the district court erred by granting summary judgment without advising the pro se prisoner of Rule 56 requirements and before allowing adequate discovery.
• ENG v. Smith
  849 F.2d 80· 2d Cir.· 1988-06-13 ·cited 6×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction requiring the provision of mental health services, finding a likelihood of success on the merits and irreparable harm.
• McCORMACK v. Nat'l Collegiate Athletic Ass'n
  845 F.2d 1338· 5th Cir.· 1988-06-01 ·cited 6×
  The court held that some plaintiffs lacked standing and others failed to state a claim for relief, affirming the dismissal of their antitrust and civil rights claims against the NCAA.
• Schucker v. Rockwood
  846 F.2d 1202· 9th Cir.· 1988-05-17 ·cited 6×
  A judge is absolutely immune from civil liability for acts taken within their jurisdiction, even if in excess of jurisdiction, and mere invocation of state judicial process does not constitute state action for a § 1983 claim.
• Culebras Enters. Corp. v. Rivera-Rios
  846 F.2d 94· 1st Cir.· 1988-05-09 ·cited 6×
  The court held that attorneys who performed pretrial legal services while known to be potential witnesses did not violate the advocate-witness rule under the applicable Model Rules of Professional Conduct and are eligible for attorneys' fees under 42 U.S.C. § 1988.
• Steele v. VAN Buren Pub. Sch. Dist.
  845 F.2d 1492· 8th Cir.· 1988-05-06 ·cited 6×
  The court held that the school district violated the First Amendment's establishment clause by permitting teacher-led prayer at mandatory school functions, and the case was not moot despite the teacher ceasing the practice and one student graduating.
• Haley v. Dormire
  845 F.2d 1488· 8th Cir.· 1988-05-02 ·cited 6×
  The court held that the complaints were legally frivolous and properly dismissed by the district court under 28 U.S.C. § 1915(d).
• Warner v. Graham
  845 F.2d 179· 8th Cir.· 1988-04-27 ·cited 6×
  The court held that the supervisors were entitled to qualified immunity because it was not clearly established at the time of the plaintiff's termination that her use of peyote was protected by the First Amendment's Free Exercise Clause.
• Williams v. Ward
  845 F.2d 374· 2d Cir.· 1988-04-19 ·cited 6×
  The majority's seventy-two hour outside time limit for probable cause determinations is clearly excessive under Gerstein, and the district court's findings regarding achievable promptness are not clearly erroneous.
• Beck v. Lynaugh
  842 F.2d 759· 5th Cir.· 1988-04-18 ·cited 6×
  The court held that the dismissal of claims regarding unconstitutional living conditions and denial of religious services was erroneous, but the dismissal of other claims was appropriate.
• Wade v. Goodwin
  843 F.2d 1150· 8th Cir.· 1988-04-08 ·cited 6×
  The court held that the compilation and publication of a 'survivalist list' by state police, without more, did not deprive the plaintiff of constitutional rights to due process, equal protection, or privacy, and thus did not support a § 1983 claim.
• Payne v. Lynaugh
  843 F.2d 177· 5th Cir.· 1988-04-05 ·cited 6×
  The court held that the prisoner's allegations of deliberate indifference to his serious medical needs were not frivolous and therefore the district court erred in dismissing the action with prejudice and denying leave to appeal in forma pauperis.