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

• Joseph H.L. Boston v. Webb
  783 F.2d 1163· 4th Cir.· 1986-02-21 ·cited 6×
  The court held that the plaintiff received sufficient procedural due process, including notice and an opportunity to be heard, to protect his liberty interest in his reputation, even without the right to cross-examine accusers.
• Misek v. The City OF Chicago
  783 F.2d 98· 7th Cir.· 1986-02-11 ·cited 6×
  Public employees with statutory tenure have a property interest in their jobs, entitling them to due process protections, including a hearing, before termination, even if the employer claims reorganization, unless the reorganization is actual and not pretextual.
• King v. Mitri Massarweh
  782 F.2d 825· 9th Cir.· 1986-02-11 ·cited 6×
  Parratt v. Taylor does not bar Section 1983 claims alleging direct violations of Fourth Amendment rights, even if adequate state remedies exist. However, it may bar due process claims arising from random, unauthorized deprivations if adequate post-deprivation remedies are availab
• Patten v. N.D. Parole Bd.
  783 F.2d 140· 8th Cir.· 1986-02-10 ·cited 6×
  The North Dakota parole scheme does not create a protected liberty interest, and therefore, a prisoner's claims of due process violations in parole denials are without merit.
• Meeker v. Kercher
  782 F.2d 153· 10th Cir.· 1986-01-22 ·cited 6×
  A guardian ad litem is not acting under color of state law for purposes of 42 U.S.C. § 1983, and a parent cannot represent minor children in federal court if the parent is not an attorney.
• Brierley v. F.J. Schoenfeld, Jr.
  781 F.2d 838· 10th Cir.· 1986-01-15 ·cited 6×
  The court held that while the officer's stop of the truck may have lacked reasonable suspicion, he was entitled to qualified immunity because the law was not clearly established at the time, and the officer acted in good faith.
• Thernes v. City OF Lakeside Park
  779 F.2d 1187· 6th Cir.· 1986-01-06 ·cited 6×
  The court held that the ordinance's absolute prohibition of radio antennas, while permitting television antennas, is arbitrary, capricious, and violates equal protection.
• Helms v. Lowell D. Hewitt
  780 F.2d 367· 3d Cir.· 1986-01-03 ·cited 6×
  The court held that a plaintiff can be a prevailing party under 42 U.S.C. § 1988 even without formal monetary or injunctive relief, if their lawsuit vindicates constitutional rights or acts as a catalyst for positive change.
• Russell v. Millsap
  781 F.2d 381· 5th Cir.· 1985-12-27 ·cited 6×
  The court held that the district court did not err in dismissing the pro se § 1983 suit as frivolous and in awarding attorneys' fees to the defendants.
• Hawkins v. Sgt. Frederick T. Poole and Sgt. Donald L. Cleiman
  779 F.2d 1267· 7th Cir.· 1985-12-16 ·cited 6×
  Summary judgment was improperly granted because the plaintiff's pro se allegations, including those in his affidavit, raised genuine issues of material fact regarding whether his segregation constituted unconstitutional punishment.
• Schwindling v. Smith
  777 F.2d 431· 8th Cir.· 1985-11-21 ·cited 6×
  The court held that a prisoner's due process rights are not violated by a state's administrative calculation of parole eligibility based on prior convictions, as long as a procedural avenue exists for the prisoner to challenge the accuracy of those convictions.
• Lyons v. Robinson
  783 F.2d 737· 8th Cir.· 1985-11-20 ·cited 6×
  The court affirmed the denial of a motion to suppress, upholding the search of a vehicle and its occupants after a traffic stop based on a BOLO for an armed robbery and a furtive movement by a passenger.
• Genova v. Town OF Southampton
  776 F.2d 1560· 2d Cir.· 1985-11-18 ·cited 6×
  The court held that principles of issue preclusion, derived from the prior state court judgment, required dismissal of the appellant's federal civil rights action.
• Royster v. Fauver
  775 F.2d 527· 3d Cir.· 1985-10-18 ·cited 6×
  The application of the New Jersey Parole Act of 1979 to a prisoner who committed an offense in 1968 does not violate the ex post facto clause because the standards for parole eligibility are substantially similar to those in effect at the time of the offense, and the regulations
• Grandison v. Cuyler
  774 F.2d 598· 3d Cir.· 1985-10-10 ·cited 6×
  The court held that prison officials failed to meet their burden of providing a justification for refusing to call a witness or for limiting an inmate's preparation time, thus violating due process.
• Coad Miller v. City OF Chicago
  774 F.2d 188· 7th Cir.· 1985-09-24 ·cited 6×
  The court held that the City of Chicago's procedures for towing recovered stolen vehicles without prior notice do not violate the Fourteenth Amendment's due process clause.
• Leber v. Smith
  773 F.2d 101· 6th Cir.· 1985-09-20 ·cited 6×
  The court held that the district court correctly granted summary judgment because the officer's actions, though resulting in injury, did not constitute a deprivation of constitutional rights under § 1983, especially given the availability of state remedies.
• Madison Cnty. Jail Inmates v. Thompson
  773 F.2d 834· 7th Cir.· 1985-09-18 ·cited 6×
  The court held that the trial court erred in entering judgment notwithstanding the verdict on damages, as there was sufficient evidence to support the jury's award.
• Guillermina Cortes Quinones and Alberto Almodovar Medina v. Nettleship
  773 F.2d 10· 1st Cir.· 1985-09-13 ·cited 6×
  The court held that the defendants' affidavits were insufficient to establish the absence of a genuine issue of material fact, and thus summary judgment was not warranted.
• Ashelman v. Hon. Gary Pope
  769 F.2d 1360· 9th Cir.· 1985-08-27 ·cited 6×
  Judicial and prosecutorial immunity do not shield officials from claims of conspiracy to deprive constitutional rights, and a prisoner is entitled to amend a complaint alleging such conspiracy before discovery.
• Azim Abdullah v. Lt. Kinnison
  769 F.2d 345· 6th Cir.· 1985-07-30 ·cited 6×
  Prison officials' directive restricting the use of white prayer robes to the prison chapel is a permissible exercise of discretion and does not violate inmates' First Amendment rights, as it is justified by legitimate security concerns.
• State OF NEW Mexico v. City OF Albuquerque
  768 F.2d 1207· 10th Cir.· 1985-07-29 ·cited 6×
  The court held that the complaint, liberally construed, sufficiently alleged intentional discrimination and conspiracy to state a claim under 42 U.S.C. §§ 1983 and 1985, and thus should not have been dismissed.
• Harmon v. Auger
  768 F.2d 270· 8th Cir.· 1985-07-18 ·cited 6×
  The court held that inmates do not possess a constitutionally protected liberty interest in contact visitation and that the prison's no-contact visitation policy, based on drug possession, is reasonably related to legitimate penological interests. The court also affirmed the magi
• Snyder v. Kurvers
  767 F.2d 489· 8th Cir.· 1985-07-12 ·cited 6×
  The court held that the executive secretary of the Board on Judicial Standards was entitled to qualified immunity because the plaintiff's allegations did not establish a violation of clearly established constitutional rights to privacy.
• City OF Canton v. Maynard
  766 F.2d 236· 6th Cir.· 1985-06-28 ·cited 6×
  The court held that the district court properly dismissed the complaint because the claims were barred by res judicata, as the issues could have been raised in prior state court litigation.
• Robert "Say" McINTOSH v. Ark. Republican Party-Frank White Election Comm.
  766 F.2d 337· 8th Cir.· 1985-06-25 ·cited 6×
  The court held that the plaintiff had no First Amendment right to disrupt a private event and that the district court erred in placing the burden of proof on the plaintiff for state-law false arrest and imprisonment claims.
• Nestor Ayala Serrano v. Torres
  764 F.2d 47· 1st Cir.· 1985-06-14 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the amended complaint stated a valid claim against the prison guard, but the original complaint failed to state a claim against other defendants.
• Mears v. The Town OF Oxford
  762 F.2d 368· 4th Cir.· 1985-05-22 ·cited 6×
  The court held that the district court correctly dismissed the plaintiff's claims based on res judicata and failure to prosecute, affirming the dismissal of the entire complaint.
• Vizbaras v. Lieutenant Edward Prieber
  761 F.2d 1013· 4th Cir.· 1985-05-14 ·cited 6×
  The court held that the district court committed plain error by instructing the jury on the defense of good faith immunity and by misstating the law governing that defense, and also erred in directing a verdict on claims of unlawful entry and arrest.
• Jones v. Officer David Collier and Officer Henry Mendoza
  762 F.2d 71· 8th Cir.· 1985-05-13 ·cited 6×
  The court held that the appellant waived his objection to the admission of prior convictions by introducing them himself, and that the trial court did not err in denying a motion to recall a witness.
• Ponce v. Basketball Fed'n OF the Commonwealth OF Puerto RICO
  760 F.2d 375· 1st Cir.· 1985-05-01 ·cited 6×
  The court held that the Basketball Federation and Superior League's enforcement of eligibility rules did not constitute state action under the Fourteenth Amendment and 42 U.S.C. § 1983.
• Reese v. Sparks
  760 F.2d 64· 3d Cir.· 1985-04-29 ·cited 6×
  The court held that granting summary judgment without notice to the non-moving party and without resolving genuine issues of material fact is improper.
• Sanders v. United States
  760 F.2d 869· 8th Cir.· 1985-04-22 ·cited 6×
  The court held that the district court properly dismissed the pro se complaint as frivolous because the plaintiff failed to allege facts supporting jurisdiction over any of the defendants.
• The Fellowship OF Christ Church v. Thorburn
  758 F.2d 1140· 6th Cir.· 1985-04-05 ·cited 6×
  Res judicata bars relitigation of a § 1983 claim when the state court judgment was on the merits, the issues were or could have been raised in state court, and the parties are the same or in privity, and the state provided a full and fair opportunity to litigate.
• Collard v. The Inc. Vill. OF Flower Hill
  759 F.2d 205· 2d Cir.· 1985-03-26 ·cited 6×
  A federal court is precluded from hearing a civil rights claim that could have been raised in a prior state court proceeding if state law would bar such a claim.
• Whitson v. Baker
  755 F.2d 1406· 11th Cir.· 1985-03-22 ·cited 6×
  The Alabama Supreme Court held that the tolling statute, Ala. Code § 6-2-8, does not apply to a prisoner who was a pretrial detainee when the cause of action accrued, even if later convicted and sentenced to a term less than life.
• Miller v. The City OF LOS Angeles
  755 F.2d 1390· 9th Cir.· 1985-03-22 ·cited 6×
  Federal courts lack jurisdiction to hear a section 1983 action challenging a state tax assessment when plain, adequate, and complete state remedies are available.
• LeSAVAGE v. White
  755 F.2d 814· 11th Cir.· 1985-03-20 ·cited 6×
  The court held that deputy Carpenter was entitled to qualified immunity on the § 1983 claims regarding Bernard's arrest and Audrey's Baker Act commitment, and that the malicious prosecution claim against the Whites should not have been tried. The common law battery claim against
• Campana v. Eller
  755 F.2d 212· 1st Cir.· 1985-02-27 ·cited 6×
  The court held that the trial court did not err in refusing to allow the jury to determine individual liability separately, denying leave to amend the complaint during deliberations, or in its jury instructions and conduct during trial.
• Werle v. R.I. BAR Ass'n
  755 F.2d 195· 1st Cir.· 1985-02-25 ·cited 6×
  The court held that even if the appellees were state actors, they were entitled to absolute or qualified immunity from damages liability under 42 U.S.C. § 1983 for their actions in investigating and sending a cease and desist letter regarding the unauthorized practice of law.
• Dretar v. Smith
  752 F.2d 1015· 5th Cir.· 1985-02-11 ·cited 6×
  Federal employees acting within the scope of their employment are absolutely immune from common law torts, including battery, unless the conduct causes severe injuries, is grossly disproportionate, and inspired by malice.
• Partridge v. TWO Unknown Police Officers OF the City OF Houston
  751 F.2d 1448· 5th Cir.· 1985-02-04 ·cited 6×
  The court held that the complaint failed to state a claim for deliberate indifference to a prisoner's serious medical needs, as the alleged facts did not demonstrate a strong likelihood of suicide.
• Emps. OWN Fed. Credit Union v. City OF Defiance
  752 F.2d 243· 6th Cir.· 1985-01-17 ·cited 6×
  The court should not have given res judicata effect to the prior state court action because the plaintiff voluntarily dismissed its action before a final conclusive order was rendered.
• Shabazz v. Barnauskas
  600 F. Supp. 712· M.D. Fla.· 1985-01-11 ·cited 6×
  The court held that the prison's no-beard regulation, as applied to an inmate at a maximum security prison, does not violate the First Amendment.
• Gussie Davis v. Mansfield Metro. Hous. Auth.
  751 F.2d 180· 6th Cir.· 1984-12-28 ·cited 6×
  The court held that while procedural due process rights were violated by the housing authority's denial of hearings, the required hearings for initial applicants and program participants were less extensive than ordered by the trial court, and damages for mental suffering were no
• Odum v. A.B. Clark
  748 F.2d 1538· 11th Cir.· 1984-12-19 ·cited 6×
  The court held that the district court properly considered the degree of success in calculating attorney's fees and correctly assessed fees against the county for official capacity violations, while not awarding fees against the individual officers.
• Mirella Adelman v. Graves
  747 F.2d 986· 5th Cir.· 1984-12-03 ·cited 6×
  The district court improperly dismissed the pro se complaint with prejudice without first determining if the incompetent person's interests were adequately protected.
• Lukovsky v. Herstad
  748 F.2d 499· 8th Cir.· 1984-11-28 ·cited 6×
  The court affirmed the district court's dismissal of the case and award of attorney fees, finding the appeal frivolous.
• Matias Maestas v. Bd. OF Educ. OF the Mora Indep. Sch. Dist.
  749 F.2d 591· 10th Cir.· 1984-11-21 ·cited 6×
  The court held that the school boards and districts are arms of the state and thus immune from suit under the Eleventh Amendment.
• Henderson Duval Houghton v. Carroll V. South
  743 F.2d 1438· 9th Cir.· 1984-10-02 ·cited 6×
  The court held that the dismissal of the claim regarding restraints imposed on the appellant was erroneous and must be reversed and remanded for further proceedings, while other claims were properly dismissed.