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

• Chapman v. Joab L. Thomas
  743 F.2d 1056· 4th Cir.· 1984-09-19 ·cited 6×
  The court held that North Carolina State University's policy prohibiting door-to-door solicitation in dormitories, with a narrow exception for student government candidates, was a reasonable restriction on speech in a nonpublic forum and did not violate the student's First Amendm
• Milligan v. The City OF Newport News
  743 F.2d 227· 4th Cir.· 1984-09-19 ·cited 6×
  A municipality cannot be held liable under 42 U.S.C. § 1983 for the negligent acts of its employees unless those acts were taken pursuant to an official policy, practice, or custom of the municipality.
• Goodwin v. The Cir. Court OF ST. Louis Cnty.
  741 F.2d 1087· 8th Cir.· 1984-08-23 ·cited 6×
• Winnie Marchant v. City OF Little Rock
  741 F.2d 201· 8th Cir.· 1984-08-21 ·cited 6×
• Garmon v. Foust
  741 F.2d 1069· 8th Cir.· 1984-08-20 ·cited 6×
  The court held that the district court's finding that the package was still in the mail when seized was not clearly erroneous, and therefore the warrantless seizure violated Fourth Amendment principles.
• GAY Student Servs. v. Tex. A & M Univ.
  737 F.2d 1317· 5th Cir.· 1984-08-03 ·cited 6×
  A state university's denial of official recognition to a gay student organization based on its message or perceived association with illegal conduct violates the First Amendment.
• Baker v. Detective Colin McCOY
  739 F.2d 381· 8th Cir.· 1984-07-24 ·cited 6×
  The court held that the district court correctly applied collateral estoppel to preclude litigation of pre-confession beatings and did not err in directing a verdict for the Board of Police Commissioners due to lack of evidence of a pattern of misconduct.
• Joseph v. ST. Charles Parish Sch. Bd.
  736 F.2d 1036· 5th Cir.· 1984-07-19 ·cited 6×
  The court held that a delay in a tenured teacher's due process hearing does not violate constitutional rights if the delay is caused by the teacher or if the teacher suffers no prejudice from the delay.
• Dick v. Watonwan Cnty.
  738 F.2d 939· 8th Cir.· 1984-07-11 ·cited 6×
  The court held that a broad delegation of discretion to individual employees to exercise their judgment does not constitute an official policy sufficient to establish municipal liability under 42 U.S.C. § 1983.
• Tyler v. Black
  744 F.2d 610· 8th Cir.· 1984-07-06 ·cited 6×
  The court held that the district court did not abuse its discretion or rely on an erroneous legal premise in denying the inmates' motion for preliminary injunctive relief.
• Garland v. Sullivan
  737 F.2d 1283· 3d Cir.· 1984-06-27 ·cited 6×
• Hitt v. COX
  737 F.2d 421· 4th Cir.· 1984-06-21 ·cited 6×
  The court held that the retroactive cancellation of insurance coverage was voidable due to mutual mistake, and the insured's failure to provide prompt written notice was excused. The conditional portion of the settlement was deemed unreasonable.
• Duncan v. The City OF Oneida
  735 F.2d 998· 6th Cir.· 1984-06-04 ·cited 6×
  A unilateral expectation of job permanence, without a statute, ordinance, or explicit contract, does not create a constitutionally protected property interest in public employment.
• Collins v. Robinson
  734 F.2d 1321· 8th Cir.· 1984-06-04 ·cited 6×
  The court affirmed the district court's judgment, finding no error in its rulings on protected speech, due process, and discrimination claims.
• Veneri v. State OF Mo. & Dick Moore
  734 F.2d 391· 8th Cir.· 1984-05-18 ·cited 6×
  The court held that the appellant's claims were cognizable exclusively under 28 U.S.C. § 2254, requiring exhaustion of state remedies, and were also frivolous.
• Gen. Camera Corp. v. Urban Dev. Corp.
  734 F.2d 468· 2d Cir.· 1984-05-08 ·cited 6×
  Prevailing defendants under 42 U.S.C. § 1988 are entitled to attorney's fees only when the plaintiff's action is objectively frivolous, vexatious, or brought in bad faith.
• Sullivan v. Carignan
  733 F.2d 8· 1st Cir.· 1984-04-27 ·cited 6×
  The court held that the plaintiff's due process rights were not violated by the Board's denial of his CPA license renewal without a formal hearing.
• Campbell v. Shearer
  732 F.2d 531· 6th Cir.· 1984-04-24 ·cited 6×
  A plaintiff must plead and prove that available state remedies are inadequate or systemically defective to state a claim for constitutional deprivation of property under 42 U.S.C. § 1983.
• Jurline Gates v. The City OF Dallas
  729 F.2d 343· 5th Cir.· 1984-04-09 ·cited 6×
  The court held that the City of Dallas did not unconstitutionally inhibit First Amendment rights by charging individuals with perjury or filing a false report for complaints administratively determined to be false. The Constitution protects honest misstatements, not knowing false
• Cowdrey v. City OF Eastborough
  730 F.2d 1376· 10th Cir.· 1984-03-30 ·cited 6×
  The court held that Section 1983 claims against individual officers are timely under the two-year statute of limitations for injury to rights, but state law claims against the City are barred by failure to file a notice of claim.
• Shyamala Rajender v. The Univ. OF Minn. & the Regents of the Univ. of Minn.
  730 F.2d 1110· 8th Cir.· 1984-03-26 ·cited 6×
  Modification of a consent decree requires a clear showing of grievous wrong evoked by new and unforeseen conditions, not merely a bad bargain or foreseeable difficulties.
• Rev. P.L. Perkins v. Cross
  728 F.2d 1099· 8th Cir.· 1984-03-01 ·cited 6×
  The court held that the district court must reconsider the attorney's fees award in light of Hensley v. Eckerhart, distinguishing between successful and unsuccessful claims and tailoring the award to the achieved success.
• Arlette Baer v. Meyer
  728 F.2d 471· 10th Cir.· 1984-03-01 ·cited 6×
  The court held that Colorado election law, as interpreted by the Colorado Supreme Court, requires the state to provide name protection for political organizations that have fielded candidates by petition and to allow supporters of such organizations to designate their affiliation
• A.V. Martin v. Unified Sch. Dist. NO. 434
  728 F.2d 453· 10th Cir.· 1984-02-24 ·cited 6×
  A school principal without tenure does not have a constitutionally protected property interest in continued employment based solely on a series of one-year contracts, nor was a liberty interest impaired by the non-renewal decision.
• Robert and Mary Yaris v. Special Sch. Dist. OF ST. Louis Cnty.
  728 F.2d 1055· 8th Cir.· 1984-02-24 ·cited 6×
  The appellate court affirmed the district court's decision, finding the injunction specific enough and that the plaintiffs received all requested relief.
• Kidfield Hayes, Jr. v. Lt. H.P. Thompson
  726 F.2d 1015· 4th Cir.· 1984-02-10 ·cited 6×
  State prison regulations can create a liberty interest triggering due process protections if they use explicitly mandatory language and substantive predicates, overruling prior precedent that held otherwise.
• Douglas Court v. Hall Cnty.
  725 F.2d 1170· 8th Cir.· 1984-01-30 ·cited 6×
  The court held that a Rule 12(b)(6) motion supported by affidavits must be treated as a summary judgment motion, requiring notice and opportunity to respond, which the district court failed to provide.
• Jonez P. Suthoff v. Yazoo Cnty. Indus. Dev. Corp.
  722 F.2d 133· 5th Cir.· 1983-12-22 ·cited 6×
  The court held that the plaintiffs' action was barred by Mississippi's one-year statute of limitations for intentional torts, as the gravamen of their complaint was abuse of process, and there was no genuine issue of material fact regarding fraudulent concealment that would toll
• Rev. Bill McLEAN v. The Ark. Bd. OF Educ.
  723 F.2d 45· 8th Cir.· 1983-12-19 ·cited 6×
  Specific fund-raising activities by an organization representing a prevailing civil rights plaintiff are irrelevant to the availability or amount of attorneys' fees awarded under the Civil Rights Attorney’s Fees Awards Act of 1976.
• Hart v. Dudley Walker
  720 F.2d 1443· 5th Cir.· 1983-12-16 ·cited 6×
  The court held that while the county could be liable for compensatory damages and attorney fees assessed against an official acting in his official capacity, the record was insufficient to establish that the official's actions were taken pursuant to county policy or custom, requi
• Smith v. Snow
  722 F.2d 630· 11th Cir.· 1983-12-14 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the Georgia Parole Board's unfettered discretion in clemency proceedings means no constitutional right to procedural due process or Eighth Amendment protection against arbitrary application of the death penalty at this stage.
• Preston "Harold" Daigre v. Maggio
  719 F.2d 1310· 5th Cir.· 1983-11-21 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the prisoner's constitutional rights were not violated by the disciplinary punishment or the conditions of his administrative and punitive lockdown.
• Knighton v. The Laurens Cnty. Sch. Dist. NO. 56 & Charles L. Cummins, Jr.
  721 F.2d 976· 4th Cir.· 1983-11-14 ·cited 6×
  The court held that the district court erred by not determining if a history of racial discrimination or intentional segregative action required the defendants to rebut the plaintiff's prima facie case with clear and convincing evidence.
• John v. Norris
  718 F.2d 1116· D.C. Cir.· 1983-10-04 ·cited 6×
  The court held that a pro se plaintiff's complaint should not have been dismissed as frivolous without adequate consideration, especially when it substantially overlaps with prior litigation.
• Wendell P. Engelstad, M.D. v. Va. Mun. Hosp. & Va. Hosp. Comm'n
  718 F.2d 262· 8th Cir.· 1983-09-29 ·cited 6×·via 42 U.S.C. § 1983 Action
  A hospital director's position, based on an oral contract terminable at will, does not create a protectible property interest for due process purposes. Termination of such a directorship does not constitute a reduction or termination of staff privileges unless the privileges them
• Ass'n OF Orange Cnty. Deputy Sheriffs v. Gates
  716 F.2d 733· 9th Cir.· 1983-09-23 ·cited 6×
  The court held that California Penal Code sections 12031(b)(1) and 12027 do not create a constitutionally protected entitlement to carry concealed weapons for retired deputy sheriffs, and the denial of such privilege does not implicate liberty interests.
• Kensell v. State OF Okla.
  716 F.2d 1350· 10th Cir.· 1983-09-13 ·cited 6×
  The court held that the plaintiff failed to state a claim for a federal constitutional violation by alleging that his employer's failure to prohibit smoking in the workplace violated his rights.
• V.L. Cross v. Howell K. Lucius
  713 F.2d 153· 5th Cir.· 1983-09-02 ·cited 6×
  The court held that the civil rights statutes at issue do not create a right of action against successors-in-title to a deceased wrongdoer.
• Eldon E. Bell v. Sellevold
  713 F.2d 1396· 8th Cir.· 1983-08-15 ·cited 6×
  The court held that the district court erred in granting a preliminary injunction because the plaintiff failed to demonstrate a likelihood of success on his claims that his property or liberty interests were deprived without due process of law. The court also held that the distri
• Milton Lubin, M.D. v. Crittenden Hosp. Ass'n
  713 F.2d 414· 8th Cir.· 1983-08-09 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Action
  The disciplinary action by a private hospital against a physician does not constitute state action, even with public funding and regulation, absent a sufficiently close nexus between the state and the specific challenged action.
• Triplett v. Leflore Cnty.
  712 F.2d 444· 10th Cir.· 1983-07-18 ·cited 6×
  The court held that the district court abused its discretion by implicitly denying leave to amend the complaint without a justifying reason.
• Eakins v. Amos Reed
  710 F.2d 184· 4th Cir.· 1983-06-24 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that while Hinton was properly joined as a defendant, the procedure used violated his due process rights, requiring a new trial.
• Thompson v. Bd. OF Educ. OF the Romeo Cmty. Schs.
  709 F.2d 1200· 6th Cir.· 1983-06-23 ·cited 6×
  The court held that a defendant class cannot be certified under Rule 23(b)(2) when the defendants are numerous independent entities with varying policies, and that a plaintiff class lacks standing to sue defendants against whom they have no direct cause of action.
• Grattan v. Burnett
  710 F.2d 160· 4th Cir.· 1983-06-22 ·cited 6×
  The court held that the appropriate limitations period for claims under 42 U.S.C. §§ 1981, 1983, and 1985 in Maryland is three years, and that the amended complaint relating back to the original timely complaint saved the claims from being time-barred.
• Kohl Indus. Park Co. (a Partnership) v. The Cnty. OF Rockland
  710 F.2d 895· 2d Cir.· 1983-06-07 ·cited 6×
  The settlement agreement cannot be enforced because it requires the condemning authority to take more property than the legislature deemed necessary, and the plaintiff's claim of a de facto taking is meritless.
• Gordon v. Warren Consol. Bd. OF Educ.
  706 F.2d 778· 6th Cir.· 1983-05-20 ·cited 6×
  The court held that allegations of a subjective chilling of First Amendment rights due to a covert police operation, without specific present objective harm or threat of future harm, do not constitute a justiciable controversy.
• Campbell v. Cook
  706 F.2d 1084· 10th Cir.· 1983-05-18 ·cited 6×
  The court held that a prevailing defendant in a frivolous § 1983 action can recover attorney fees under § 1988, even if the fees are sought by the indemnifying municipality.
• Kanwal Kumar v. Marion Cnty. Common Pleas Court
  704 F.2d 908· 6th Cir.· 1983-04-13 ·cited 6×
  The court held that the plaintiff's civil rights action was properly dismissed because he failed to demonstrate a constitutional violation and adequate state remedies were available.
• Pool v. Wyrick
  703 F.2d 1064· 8th Cir.· 1983-04-06 ·cited 6×
  The court held that a significant delay in state post-conviction proceedings may justify waiving the exhaustion requirement for federal habeas corpus relief and that a § 1983 claim based on such delay becomes ripe when the state proceedings are resolved or a specific timeframe ex
• Devernon LE Grand v. Evan
  702 F.2d 415· 2d Cir.· 1983-03-14 ·cited 6×
  The court held that the dismissal of the complaint against the State of New York and the City of New York was proper, but the dismissal against the clerk Evan was erroneous and the motion to amend should have been granted.