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

• Lagos v. Modesto City Schs. Dist.
  843 F.2d 347· 9th Cir.· 1988-03-28 ·cited 6×
  A public school coach with a one-year contract, who is a permanent employee with tenure as a teacher, does not have a constitutionally protected property interest in the coaching position that is protected from non-renewal under the Due Process Clause.
• Levi v. Univ. OF Tex. AT SAN Antonio
  840 F.2d 277· 5th Cir.· 1988-03-23 ·cited 6×
  The court held that a rational trier of fact could not find the university's tenure decision irrational, and insufficient evidence was presented for the conspiracy claim.
• Morales v. NEW York State Dep't OF Corr.
  842 F.2d 27· 2d Cir.· 1988-03-16 ·cited 6×
  The court held that a prisoner's claim of deliberate indifference by prison officials to an attack by another inmate can support a § 1983 action, and that the district court erred in dismissing claims against several defendants based on mere negligence.
• Odis Solomon v. Royal OAK Twp.
  842 F.2d 862· 6th Cir.· 1988-03-15 ·cited 6×
  The court held that discharging a public employee for exposing departmental corruption violates the First Amendment, but reversed a defamation award because the statements made were substantially true.
• Frett v. Gov't OF THE Virgin Islands
  839 F.2d 968· 3d Cir.· 1988-02-17 ·cited 6×
  The court held that the Government of the Virgin Islands and its officials could be held liable under 42 U.S.C. § 1983 for reckless disregard of an inmate's safety, allowing judgments exceeding territorial tort claim limits.
• Williams v. Adams
  836 F.2d 958· 5th Cir.· 1988-02-05 ·cited 6×
  The court held that the defendant's actions were not a significant contributing cause of the plaintiff's arrest, thus summary judgment was appropriate.
• Riley Bradford White v. Meachum
  838 F.2d 1137· 10th Cir.· 1988-02-05 ·cited 6×
  The court held that the prisoner must exhaust state remedies by seeking review in the Oklahoma Court of Criminal Appeals before filing a federal habeas corpus petition.
• Chandler v. Presiding Judge
  838 F.2d 977· 8th Cir.· 1988-02-03 ·cited 6×
  The court held that the Missouri tolling statute applies to a prisoner's 42 U.S.C. § 1983 action, and the repeal of the civil death statute did not remove the disability of imprisonment for tolling purposes.
• Thaddus C. Simmons v. D.J. Poppell
  837 F.2d 1243· 5th Cir.· 1988-02-02 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the prisoner's claim was de minimis and failed to raise a constitutional issue, thus the dismissal as frivolous was proper.
• Lara Antkowiak v. Ambach
  838 F.2d 635· 2d Cir.· 1988-01-27 ·cited 6×
  The court held that neither a hearing officer nor a district court can order a handicapped child's placement in an unapproved private school under the Education of the Handicapped Act (EHA).
• Krause v. D.R. Penny
  837 F.2d 595· 2d Cir.· 1988-01-26 ·cited 6×
  A state trooper is entitled to qualified immunity from liability for an arrest made in a driveway, even if the arrestee did not consent, if the legality of the arrest presents a substantial question under clearly established law.
• Ronny J. Goldsmith v. Mayor & City Council OF Baltimore
  845 F.2d 61· 4th Cir.· 1988-01-19 ·cited 6×
  The court held that the district court lacked subject matter jurisdiction because the plaintiff's due process claim was not a substantial federal question, as legislative bodies have the authority to abolish public offices.
• Cornelius v. LaCROIX
  838 F.2d 207· 7th Cir.· 1988-01-14 ·cited 6×
  A company has no protectible property interest in Minority Business Enterprise (MBE) status based solely on past acceptance on contracts without formal certification under a system of nondiscretionary rules.
• His Excellency v. Ramos
  835 F.2d 1486· 1st Cir.· 1987-12-30 ·cited 6×
  The court (in part V) affirmed that appellant did not establish a First Amendment claim against DACO. The concurring judge expressed optimism regarding the continued availability of the interjurisdictional certification procedure.
• Alioto v. City OF Shively
  835 F.2d 1173· 6th Cir.· 1987-12-29 ·cited 6×
  Police officers testifying before a grand jury are absolutely immune from liability for their testimony, and municipalities cannot be held liable under § 1983 on a respondeat superior theory.
• Ad-Hoc Comm. OF the Baruch Black & Hispanic Alumni Ass'n v. Bernard M. Baruch Coll.
  835 F.2d 980· 2d Cir.· 1987-12-22 ·cited 6×
  The court held that the district court erred in dismissing the complaint at the pleading stage without considering the college's justifications for denying recognition to the alumni association.
• Pub. Serv. Co. OF NEW Hampshire v. Town OF W. Newbury
  835 F.2d 380· 1st Cir.· 1987-12-16 ·cited 6×
  The court held that the company failed to demonstrate a likelihood of irreparable harm or success on the merits, and therefore the denial of a preliminary injunction was not an abuse of discretion.
• Hanner v. The State OF Miss.
  833 F.2d 55· 5th Cir.· 1987-12-02 ·cited 6×
  The court held that for Mississippi § 1983 claims accruing before Wilson, the limitations period is the longer pre-Wilson period or one year from Wilson, whichever expires first.
• McDONALD v. Bd. OF Miss. Levee Comm'rs
  832 F.2d 901· 5th Cir.· 1987-11-25 ·cited 6×
  The Eleventh Amendment does not bar this suit as the Levee Board is not an arm of the state, and the district court did not err in finding a property interest in grazing rights or in its procedural rulings.
• Sires v. Berman
  834 F.2d 9· 1st Cir.· 1987-11-24 ·cited 6×
  The court held that the plaintiff failed to demonstrate deliberate indifference to a serious medical need or that a disciplinary report was filed for an improper purpose, and that the district court did not abuse its discretion in lifting default judgments.
• Knudson v. City OF Ellensburg
  832 F.2d 1142· 9th Cir.· 1987-11-18 ·cited 6×
  A former police officer has a constitutionally protected property interest in disability medical benefits, and termination of these benefits without a predeprivation hearing violates due process.
• Glover v. R.C. Johnson
  831 F.2d 99· 5th Cir.· 1987-11-04 ·cited 6×
  The court held that an escapee cannot benefit from the imprisonment tolling provision of the Texas statute of limitations for § 1983 claims.
• Med. Malpractice Joint Underwriting Ass'n OF R.I. v. Pfeiffer
  832 F.2d 240· 1st Cir.· 1987-11-02 ·cited 6×
  The court held that the district court erred in abstaining from adjudicating a challenge to the constitutionality of a state statute, as such direct challenges are not subject to abstention doctrines when no state proceedings are pending.
• Hotel & Rest. Emps. & Bartenders Int'l Union Local 54 & Frank Gerace v. Read
  832 F.2d 263· 3d Cir.· 1987-11-02 ·cited 6×
  The court held that the New Jersey Casino Control Act's registration and disqualification provisions do not violate the union's First or Fourteenth Amendment rights.
• Hamer v. Brown
  831 F.2d 1398· 8th Cir.· 1987-10-27 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that while the employee's speech addressed a matter of public concern, it was not a substantial or motivating factor in the decision not to renew his contract, thus his First Amendment claim failed.
• Galvan v. Cameron Mut. Ins. Co.
  831 F.2d 804· 8th Cir.· 1987-10-26 ·cited 6×
  The court held that the insurer's denial of a fire insurance claim, even considering the insured's criminal record, does not constitute state action for a § 1983 claim.
• Klein Indep. Sch. Dist. v. Mattox
  830 F.2d 576· 5th Cir.· 1987-10-22 ·cited 6×
  The court held that a public school teacher's college transcript is not protected by FERPA, and the public's interest in evaluating teacher competence outweighs the teacher's privacy interest in the transcript.
• Garrick Black v. City OF Akron
  831 F.2d 131· 6th Cir.· 1987-10-15 ·cited 6×
  Statistical evidence of adverse impact alone is insufficient to survive summary judgment in a § 1983 action if the four-fifths rule is not violated and the rejection pattern is statistically fair.
• Wayland Taylor v. E.W. Cochran
  830 F.2d 900· 8th Cir.· 1987-10-05 ·cited 6×
  The court held that the plaintiff failed to show constitutionally protected conduct was a motivating factor in his firing, and that the evidence of financial reasons for the layoff was unrebutted.
• Abshire v. Walls
  830 F.2d 1277· 4th Cir.· 1987-10-02 ·cited 6×
  The court held that the reasonableness of the strip search was a jury question, and that the district court erred in limiting attorneys' fees by misinterpreting the relationship between Abshire's successful and unsuccessful claims.
• Sinn v. THE Daily Nebraskan
  829 F.2d 662· 8th Cir.· 1987-09-25 ·cited 6×
• Jackson v. Beard
  828 F.2d 1077· 4th Cir.· 1987-09-18 ·cited 6×
  The court held that the twenty-day period for filing a motion for attorney's fees under Local Rule 23A begins to run from the entry of the primary judgment, not from the denial of post-verdict motions.
• Campbell v. City OF Allen Park & Frank Lada
  829 F.2d 576· 6th Cir.· 1987-09-18 ·cited 6×
  The court held that a federal civil rights action was barred by a prior state court judgment that had already provided reinstatement and back pay, and that the city's denial of a residency waiver was not an unconstitutional arbitrary or capricious act.
• Brown v. Smith
  828 F.2d 1493· 10th Cir.· 1987-09-18 ·cited 6×
  The court held that the prison disciplinary board's decision to revoke good time credits was not supported by sufficient evidence, violating the plaintiff's due process rights.
• Walje v. The City OF Winchester
  827 F.2d 10· 6th Cir.· 1987-09-02 ·cited 6×
  The court held that general damages are appropriate in § 1983 actions for First Amendment violations when harm is likely but difficult to prove, and attorney fees were reasonable.
• Theis v. Smith
  827 F.2d 260· 7th Cir.· 1987-08-27 ·cited 6×
  The court held that it lacked jurisdiction to hear the appeal because the order dismissing the judge was not a final order and did not meet the criteria for a collateral order appeal.
• Mildfelt v. Cir. Court OF Jackson Cnty.
  827 F.2d 343· 8th Cir.· 1987-08-26 ·cited 6×
  The court held that while the appellants sufficiently stated a claim for infringement of their constitutional right of access to the courts, the Circuit Court of Jackson County is immune from suit under the Eleventh Amendment, and the individual defendants did not act under color
• Davis v. City OF Charleston
  827 F.2d 317· 8th Cir.· 1987-08-25 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the grant of summary judgment for the officers but remanded the attorney's fees awards for both parties for reconsideration.
• Dethorn Graham v. City OF Charlotte
  827 F.2d 945· 4th Cir.· 1987-08-25 ·cited 6×
  The court held that the Fourth Amendment, not the Eighth Amendment, governs claims arising from investigatory stops, and the reasonableness of the seizure is a jury question.
• Fairley v. Jones
  824 F.2d 440· 5th Cir.· 1987-08-19 ·cited 6×
  The court held that the pro se plaintiff's notice of appeal was timely due to the 'unique circumstances' exception, and that the magistrate did not err in denying punitive damages or a jury trial on remand.
• Vargas-Figueroa v. Saldana
  826 F.2d 160· 1st Cir.· 1987-08-18 ·cited 6×
  The court held that the district court erred in granting a preliminary injunction because the plaintiff failed to demonstrate a sufficient likelihood of success on the merits and the harm to the university outweighed the harm to the plaintiff.
• David Yashon, M.D. v. William E. Hunt, M.D.
  825 F.2d 1016· 6th Cir.· 1987-08-03 ·cited 6×
  The court held that the Medical Staff Administrative Committee's (MSAC) consideration of charges previously addressed in disciplinary proceedings was not barred by administrative res judicata, and that the MSAC hearing did not violate plaintiff's procedural due process rights.
• Hall v. Unknown Named Agents OF the NEW York State Dep't FOR Corr. Servs. FOR Appu Unit AT Clinton Prison & Eugene LeFevre
  825 F.2d 642· 2d Cir.· 1987-07-29 ·cited 6×
  The court held that an inmate's transfer from voluntary protective custody to a diagnostic and treatment program (APPU) does not implicate a liberty interest protected by due process, as New York statutes and regulations do not create such an entitlement.
• Brandon v. Dist. of Columbia Bd. of Parole
  823 F.2d 644· D.C. Cir.· 1987-07-21 ·cited 6×
  The court held that a prisoner's claim that a parole board failed to follow its own procedures does not implicate the Due Process Clause of the Fifth Amendment, as procedural rules themselves do not create a constitutionally protected liberty interest. The court also held that th
• Rosetta Goudeau v. Indep. Sch. Dist. NO. 37 OF Okla. Cnty.
  823 F.2d 1429· 10th Cir.· 1987-07-20 ·cited 6×
  A public employee's expectation of continued employment, derived from a state statute requiring termination only 'for cause,' creates a constitutionally protected property interest, even if the stated reason for termination is lack of funds or work.
• Johnson v. Pfeiffer
  821 F.2d 1120· 5th Cir.· 1987-07-17 ·cited 6×
  The court held that the inmate's pro se complaint sufficiently stated claims for relief under 42 U.S.C. § 1983, and that these claims were not barred by the requirement to exhaust state remedies via habeas corpus.
• Foster v. Wyrick
  823 F.2d 218· 8th Cir.· 1987-07-08 ·cited 6×
  The court held that a Title VII disparate impact claim cannot be asserted via a § 1983 action, but reversed the dismissal of the Equal Protection Clause claim due to evidentiary restrictions.
• Malek v. Camp
  822 F.2d 812· 8th Cir.· 1987-07-08 ·cited 6×
  The court held that a prison appeals board's impartiality can cure any bias at the initial disciplinary hearing level.
• Rudow v. The City OF NEW York
  822 F.2d 324· 2d Cir.· 1987-07-02 ·cited 6×
  A municipal attorney acting in a prosecutorial capacity is absolutely immune from liability for actions taken within the scope of that role, even if those actions involve misconduct or conflicts of interest, provided they are not taken in the clear absence of all jurisdiction. Fu
• Smith v. Kirk
  821 F.2d 980· 4th Cir.· 1987-06-24 ·cited 6×
  The court held that 42 U.S.C. § 422 does not create an enforceable right or entitlement to vocational rehabilitation services, and thus cannot form the basis for a § 1983 claim.