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

• Catlin v. Ambach
  820 F.2d 588· 2d Cir.· 1987-06-15 ·cited 6×
  The court held that abstention was appropriate because a controlling issue of state law regarding the interpretation of New York's residency statute was unclear, and its resolution could avoid the constitutional issue.
• Friedman v. Supreme Court OF Va.
  822 F.2d 423· 4th Cir.· 1987-06-12 ·cited 6×
  The court held that Virginia's rule requiring non-resident attorneys to take the bar examination for admission on motion, while allowing some residents to be admitted without it, violates the Privileges and Immunities Clause of Article IV, § 2.
• Otero v. Rubero
  820 F.2d 18· 1st Cir.· 1987-06-08 ·cited 6×
  The court held that the plaintiff's action was time-barred because the refusal to reinstate was a consequence of the initial demotion, not a separate continuing violation.
• Mairena v. Foti
  816 F.2d 1061· 5th Cir.· 1987-05-18 ·cited 6×
  The court held that the evidence supported the jury's finding that the District Attorney's office's failure to have a procedure for canceling material witness warrants constituted a custom or policy that violated the plaintiff's constitutional rights, and that the jury's damage a
• Ronwin v. Dunham
  818 F.2d 675· 8th Cir.· 1987-05-13 ·cited 6×
  The court held that the district court correctly abstained from deciding the federal claims based on the Younger abstention doctrine.
• Myron Keith Wyatt v. Delaney
  818 F.2d 21· 8th Cir.· 1987-05-11 ·cited 6×
  The court held that the inmate failed to prove an Eighth Amendment violation because the injury was accidental and the emotional harm was de minimis.
• Lewis v. Sheriffs Dept. FOR the City OF ST. Louis
  817 F.2d 465· 8th Cir.· 1987-05-01 ·cited 6×
  The court held that the trial court did not abuse its discretion in denying a new trial, as the verdict was not against the manifest weight of the evidence and any error in admitting evidence of a prior fight was harmless.
• Empire Kosher Poultry, Inc. v. Hallowell
  816 F.2d 907· 3d Cir.· 1987-04-24 ·cited 6×
  The court held that the U.S. Attorney's actions could be deemed a waiver of personal service, allowing the district court to have jurisdiction over the substantive issues.
• In re "Agent Orange" Product Liability Litigation. Gerald Hogan, M.D. v. The DOW Chem. Co.
  818 F.2d 210· 2d Cir.· 1987-04-21 ·cited 6×
  The court affirmed the dismissal of Dr. Hogan's case for discovery abuse and affirmed summary judgments for the Hawaiian plaintiffs' personal injury claims, but remanded Mrs. Fraticelli's wrongful death claim against chemical companies and vacated her claim against the U.S.
• Karmanos v. Deane Baker
  816 F.2d 258· 6th Cir.· 1987-04-20 ·cited 6×
  The court held that the plaintiffs failed to state a claim under 42 U.S.C. § 1983 because the NCAA's interpretation of its eligibility rules did not infringe constitutional rights and the NCAA did not act under color of state law.
• Rocky v. Vittorie
  813 F.2d 734· 5th Cir.· 1987-04-07 ·cited 6×
  The court held that a district court erred in dismissing an inmate's civil rights suit for failure to exhaust administrative remedies without considering whether the inmate made a good faith attempt to do so.
• McGEE v. Hester
  815 F.2d 1193· 8th Cir.· 1987-04-06 ·cited 6×
  The dissenting judge believes the evidence presented at the second trial did not meet the requirements established in the prior panel opinion, failing to establish a submissible case for the plaintiff.
• Segundo v. City OF Rancho Mirage
  813 F.2d 1387· 9th Cir.· 1987-04-02 ·cited 6×
  Local rent control ordinances are preempted by federal law when applied to a mobile home park operated by a non-Indian entity on Indian trust lands, due to the comprehensive federal regulatory scheme governing such leases.
• Clay v. Coolidge Conlee
  815 F.2d 1164· 8th Cir.· 1987-04-01 ·cited 6×
  The court should not have overruled the district court's decision regarding probable cause for arrest.
• Kareem Faheem-El v. Klincar
  814 F.2d 461· 7th Cir.· 1987-03-18 ·cited 6×
  The court held that Illinois' blanket denial of bail to arrested parole violators pending their final revocation hearing likely violates the Due Process Clause of the Fourteenth Amendment.
• Tomer v. Gates
  811 F.2d 1240· 9th Cir.· 1987-02-27 ·cited 6×
  The court held that the district court improvidently granted the motion to strike the qualified immunity defense, and Officer Lombardo is entitled to assert this defense.
• Swink v. City OF Pagedale
  810 F.2d 791· 8th Cir.· 1987-02-02 ·cited 6×
  The court held that the trial court did not abuse its discretion in denying a default judgment, limiting voir dire, or directing a verdict for the city, and that any error in jury instructions was harmless.
• Abramson v. The Council Bluffs Cmty. Sch. Dist.
  808 F.2d 1307· 8th Cir.· 1987-01-26 ·cited 6×
  Unreviewed administrative proceedings do not preclude Title VII claims, but may preclude § 1983 claims if the agency acted in a judicial capacity. The court remanded for further proceedings on jurisdictional issues.
• Fid. Guar. Mortg. Corp. v. Reben
  809 F.2d 931· 1st Cir.· 1987-01-21 ·cited 6×
  The court affirmed the award of attorney's fees and costs to the defendant under 42 U.S.C. § 1988, finding the plaintiff's civil rights action to be frivolous, unreasonable, and groundless.
• Peter Henderson OIL Co. & Pinnacle Co. v. City OF Port Arthur
  806 F.2d 1273· 5th Cir.· 1987-01-06 ·cited 6×
  The court held that the appellants' cause of action under 42 U.S.C. § 1983 was time-barred by the applicable state statute of limitations.
• Serpas v. Schmidt
  808 F.2d 601· 7th Cir.· 1986-12-19 ·cited 6×
  The court should abstain from deciding the constitutional issue to allow Illinois courts to interpret the state statute, which could resolve the case without constitutional adjudication.
• Miller v. NYS Pub. Serv. Comm'n & Jamaica Water Co.
  807 F.2d 28· 2d Cir.· 1986-12-08 ·cited 6×
  The district court lacked subject matter jurisdiction under the Johnson Act to award damages for a state-approved utility rate, even if the rate was challenged due to a drought emergency.
• Carter v. Jasper Greg Rogers
  805 F.2d 1153· 4th Cir.· 1986-11-26 ·cited 6×
  The court held that the jury verdicts were inconsistent and that the evidence supported a finding for the plaintiff on both federal excessive force and state assault and battery claims, requiring a new trial.
• Liles v. Reagan
  804 F.2d 493· 8th Cir.· 1986-11-04 ·cited 6×
  A state court judge is entitled to absolute immunity from civil damages actions for judicial acts performed within their jurisdiction, even if those acts are later found to be erroneous or in excess of jurisdiction.
• Benkendorf v. Vill. OF Hazel Crest
  804 F.2d 99· 7th Cir.· 1986-10-27 ·cited 6×
  The appeal of the denial of a preliminary injunction is dismissed as moot because the challenged ordinance was amended during the pendency of the appeal.
• Chalfy v. Marrone
  804 F.2d 20· 2d Cir.· 1986-10-23 ·cited 6×
  The court held that the appellants' constitutional claims regarding TLC's administration of limousine licensing requirements were without merit and affirmed the district court's grant of summary judgment.
• Webster G. Tarpley v. Salerno
  803 F.2d 57· 2d Cir.· 1986-10-06 ·cited 6×
  The court held that candidates are precluded from relitigating constitutional issues already decided by state courts, and the statute is a reasonable election regulation.
• Yancy v. McDEVITT
  802 F.2d 1025· 8th Cir.· 1986-10-02 ·cited 6×
  The court held that a school board's factfinding in a teacher termination hearing, when conducted in an adjudicatory capacity, is entitled to preclusive effect in subsequent federal civil rights actions under Iowa law.
• Trans-Sterling, Inc. v. Bible
  804 F.2d 525· 9th Cir.· 1986-09-30 ·cited 6×
  A waiver of a section 1983 claim is valid if voluntary, deliberate, and informed; here, the settlement agreement was entered into voluntarily despite allegations of duress and coercion.
• Brooks v. Odie A. Nance
  801 F.2d 1237· 10th Cir.· 1986-09-26 ·cited 6×
  The Tax Injunction Act and the doctrine of comity deprive federal courts of jurisdiction over actions challenging state tax collection, even when framed as civil rights claims, provided adequate state remedies exist.
• Lovejoy v. Goodrich
  798 F.2d 1201· 8th Cir.· 1986-08-25 ·cited 6×
  The court held that the exclusion of evidence regarding a prior arrest constituted prejudicial error, requiring a new trial against the defendant officer.
• NEW Jersey Citizen Action & the N.J. League of Conservation Voters v. Edison Twp.
  797 F.2d 1250· 3d Cir.· 1986-08-05 ·cited 6×
  The majority opinion violates the court's Internal Operating Procedures by contradicting a prior panel decision, and the fingerprinting requirement is constitutional.
• Angel v. City OF Fairfield
  793 F.2d 737· 5th Cir.· 1986-07-11 ·cited 6×
  The court held that Angel's complaint failed to state a cause of action under section 1983 because it did not allege a constitutional violation resulting from the city's failure to train election officials or from the allowance of non-resident votes.
• Hilton v. Pine Bluff Pub. Schs.
  796 F.2d 230· 8th Cir.· 1986-07-07 ·cited 6×
  The court held that the teachers' claim, based on the failure to receive notice of nonrenewal under the Arkansas Teacher Fair Dismissal Act, did not allege deprivation of a constitutionally protected property interest actionable under 42 U.S.C. § 1983.
• Adams v. State OF Ind.
  795 F.2d 27· 7th Cir.· 1986-07-03 ·cited 6×
  The court held that the bankruptcy automatic stay already enjoins tax collection, rendering the injunction request moot, and that damages claims are unripe pending resolution of tax liability in bankruptcy proceedings.
• Taylor v. James G. Ledbetter, PH.D.
  791 F.2d 881· 11th Cir.· 1986-06-17 ·cited 6×
  The court should not have dismissed the case for failure to state a claim, as the plaintiff's allegations of gross negligence could constitute deliberate indifference.
• Fugate v. Phoenix Civil Serv. Bd.
  791 F.2d 736· 9th Cir.· 1986-06-10 ·cited 6×
  The court held that the officers' extramarital relationships were not protected by the constitutional right of privacy because the conduct was not purely private and the officers failed to demonstrate a reasonable expectation of privacy.
• City OF Paducah v. Inv. Ent., Inc.
  791 F.2d 463· 6th Cir.· 1986-05-28 ·cited 6×
  The court held that the City waived its right to seek abstention by failing to actively pursue the issue. The procedural safeguards of the ordinance were deemed adequate.
• Gargiul v. Tompkins
  790 F.2d 265· 2d Cir.· 1986-05-14 ·cited 6×
  The dissent argues that New York res judicata law does not preclude the plaintiff's section 1983 claim, and that the majority erred in considering the good-faith immunity defense.
• Durett v. Cohen
  790 F.2d 360· 3d Cir.· 1986-05-13 ·cited 6×
  The court affirmed the reduction of the fee award on the merits but remanded for reconsideration of the fee petition award, the multiplier, and the award against Bucks County defendants.
• Nordgren v. Hafter
  789 F.2d 334· 5th Cir.· 1986-05-12 ·cited 6×
  The court held that federal courts lack subject matter jurisdiction over challenges to state court decisions in particular cases, even if alleging unconstitutionality, but do have jurisdiction over general challenges to state bar rules. The court affirmed the district court's gra
• D.A. Delahoussaye v. Seale
  788 F.2d 1091· 5th Cir.· 1986-05-02 ·cited 6×
  The court held that the temporary suspension of a warehouse license, followed by a prompt post-deprivation hearing and other procedural safeguards, satisfied the Due Process Clause of the Fourteenth Amendment.
• White v. Murphy
  789 F.2d 614· 8th Cir.· 1986-04-24 ·cited 6×
  The court affirmed the district court's dismissals and summary judgment, finding claims barred by statute of limitations, immunity, res judicata, and collateral estoppel, or lacking sufficient evidence.
• Osman v. Hialeah Hous. Auth.
  785 F.2d 1550· 11th Cir.· 1986-04-08 ·cited 6×
  Under Florida law, an attorney does not possess a constitutionally protected property interest in continued employment with a client, even under a written contract.
• Patricio Galvan v. Bexar Cnty.
  785 F.2d 1298· 5th Cir.· 1986-04-02 ·cited 6×
  The court held that equitable principles excused the claimant's failure to strictly comply with ADEA administrative filing requirements when the EEOC made an error and the employer had actual notice of the claim.
• Alacare v. Faye S. Baggiano
  785 F.2d 963· 11th Cir.· 1986-04-02 ·cited 6×
  The court held that while implicit exhaustion requirements can exist for § 1983 claims, the Medicaid Act does not contain such a requirement, and exhaustion of state judicial remedies is generally not required.
• Chuck R. Patteson v. Ray A.C. Johnson
  787 F.2d 1245· 8th Cir.· 1986-04-02 ·cited 6×
  The court held that the plaintiff's First Amendment rights were violated by his termination, entitling him to equitable relief, but reversed the denial of prospective relief.
• Valley Wood Preserving, Inc. v. Joash Paul
  785 F.2d 751· 9th Cir.· 1986-03-24 ·cited 6×
  The court held that the appellant's claims were barred by claim and issue preclusion doctrines due to prior administrative and judicial proceedings, and that the substantive claims were frivolous.
• Hill v. The Coca Cola Bottling Co. OF NEW York & John Hurley
  786 F.2d 550· 2d Cir.· 1986-03-21 ·cited 6×
  A prior state unemployment insurance determination that an employee was terminated for misconduct does not collaterally estop the employee from pursuing a federal discrimination claim if the discrimination issue was not fully litigated in the prior proceeding.
• Esther v. Reigh and Ivery Mae Simpkins and David Michael Simpkins and Lenora C. Dannie
  784 F.2d 1191· 4th Cir.· 1986-03-04 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court should dismiss the action for want of a case or controversy under Article III of the Constitution.