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

• Downtown Auto Parks, Inc. v. City OF Milwaukee & William R. Drew
  938 F.2d 705· 7th Cir.· 1991-07-23 ·cited 5×
  The court held that independent contractors do not have a First Amendment right to be free from political considerations in the awarding of public contracts, and that the plaintiff did not possess a protected property interest in the renewal of its parking lot leases under the Fo
• Archer v. Sanchez
  933 F.2d 1526· 10th Cir.· 1991-06-03 ·cited 5×
  Qualified immunity should be granted because the contours of the plaintiff's right were unclear under New Mexico law, making the unlawfulness of the defendant's actions not apparent.
• Lemon v. Dugger
  931 F.2d 1465· 11th Cir.· 1991-05-24 ·cited 5×
  The court held that prison officials' claim of probable cause to read inmate legal mail did not override the inmate's constitutional right to have such mail unread, and that the trial court properly denied motions based on this claim.
• Selwyn A. Robinson under the Will of Alymer F. Robinson v. Ariyoshi
  933 F.2d 781· 9th Cir.· 1991-05-21 ·cited 5×
  The court held that plaintiffs were not prevailing parties under 42 U.S.C. § 1988 because their claims were ultimately dismissed on ripeness grounds, and they failed to demonstrate a material alteration of the legal relationship with the defendants.
• Terry v. Young
  932 F.2d 1273· 8th Cir.· 1991-05-17 ·cited 5×
  The court held that the defendants were entitled to judgment as a matter of law based on unrefuted facts presented in an affidavit.
• Elliot Stokes and Jeff Goldstein v. City OF Madison
  930 F.2d 1163· 7th Cir.· 1991-04-19 ·cited 5×
  The court held that while the ordinances as written could constitute an impermissible prior restraint, their implementation in a manner that never denied permits rendered them constitutional.
• Boretti v. Beverly A. Wiscomb, R.N.
  930 F.2d 1150· 6th Cir.· 1991-04-15 ·cited 5×
  The court held that the plaintiff sufficiently stated a claim for deliberate indifference to a serious medical need under the Eighth Amendment, and that material facts remained in dispute regarding the defendant nurse's actions, precluding summary judgment.
• SAN Jacinto Sav. & Loan v. Kacal
  928 F.2d 697· 5th Cir.· 1991-04-15 ·cited 5×
  The court held that the district court erred in dismissing the section 1983 claim because Kacal presented sufficient evidence of police harassment that significantly altered her liberty and property interests in operating her business. The court affirmed the dismissal of the Four
• Surplus Store & Exch., Inc. v. City OF Delphi
  928 F.2d 788· 7th Cir.· 1991-04-05 ·cited 5×
  A municipality cannot be held liable under § 1983 for a constitutional violation merely by enforcing state law; a direct causal link between a municipal policy and the violation is required.
• Ruiz v. Generoso Gonzalez Caraballo
  929 F.2d 31· 1st Cir.· 1991-04-02 ·cited 5×
  The court affirmed the damages awarded, finding them neither grossly excessive nor an abuse of discretion after remittitur.
• Johnson v. Johnson Cnty. Comm'n Bd.
  925 F.2d 1299· 10th Cir.· 1991-02-19 ·cited 5×
  The court held that the plaintiff's civil rights claims were barred by the statute of limitations and that his appeals were legally frivolous.
• Soldal v. Cnty. OF Cook
  923 F.2d 1241· 7th Cir.· 1991-01-24 ·cited 5×
  The court should remand the Fourteenth Amendment claim for trial because the damage to the trailer constituted an independent deprivation of property, and the Fourth Amendment applies to unreasonable seizures in civil proceedings.
• Blackwell v. City OF ST. Charles
  917 F.2d 1150· 8th Cir.· 1990-11-07 ·cited 5×
  The court affirmed the district court's grant of summary judgment, finding no constitutional violation.
• Med. Laundry Servs. v. The Bd. OF Trs. OF the Univ. OF Ala.
  906 F.2d 571· 11th Cir.· 1990-07-19 ·cited 5×
  A simple breach of contract by the State does not rise to the level of a constitutional deprivation actionable under 42 U.S.C. § 1983.
• Mansfield Jones v. Poindexter
  903 F.2d 1006· 4th Cir.· 1990-05-25 ·cited 5×
  The court held that the plaintiff's claims for injunctive relief were moot due to the state court's final judgment, and his claims for damages under federal law failed because the defendant's actions did not constitute state action.
• White v. City OF Norwalk
  900 F.2d 1421· 9th Cir.· 1990-04-18 ·cited 5×
  The court held that the Norwalk Municipal Code § 2-1.2, when narrowly construed to require actual disruption, is not facially unconstitutional for overbreadth or vagueness, and that the trial judge's comments and evidentiary rulings did not constitute an abuse of discretion.
• Juster Assocs. & Juster Dev. Co. v. City OF Rutland
  901 F.2d 266· 2d Cir.· 1990-04-12 ·cited 5×·via Violation Of 42 U.S.C. § 1983
  The court held that the plaintiff failed to allege an antitrust injury and that the defendants were immune from antitrust liability under the Noerr-Pennington doctrine.
• Crabtree v. Collins
  900 F.2d 79· 6th Cir.· 1990-04-06 ·cited 5×
  A party is not considered a "prevailing party" under the Civil Rights Attorney's Fees Award Act of 1976, 42 U.S.C. § 1988, if they did not obtain any relief on the merits of their claims.
• Simpson v. Nancy Welch, M.D.
  900 F.2d 33· 4th Cir.· 1990-04-05 ·cited 5×
  The court held that the dismissal of the complaint was proper, but the award of sanctions under Rule 11 was not authorized. The award of attorneys' fees and costs was vacated and remanded.
• Brisk v. City of Miami Beach
  726 F. Supp. 1305· S.D. Fla.· 1989-12-15 ·cited 5×
  When material factual issues are disputed at trial regarding a qualified immunity defense, the jury should resolve the factual disputes and determine whether a reasonable officer could have believed the conduct to be lawful.
• Prieto v. Metro. Dade Cnty.
  718 F. Supp. 934· S.D. Fla.· 1989-08-29 ·cited 5×
  The court held that Metropolitan Dade County's ordinance was constitutional and that the county was not liable under 42 U.S.C. § 1983 because the alleged constitutional violations were not pursuant to a county policy or custom.
• Bergen v. Spaulding
  881 F.2d 719· 9th Cir.· 1989-08-03 ·cited 5×
  A prisoner has a liberty interest in good behavior time credits that cannot be denied without due process, including a hearing if the recommendation for credits is not automatically adopted.
• Morrison v. Judge Willie Lipscomb and Judge Harold Ryan
  877 F.2d 463· 6th Cir.· 1989-06-08 ·cited 5×
  The court held that Judge Shakoor's moratorium was an administrative act, not subject to absolute judicial immunity, but Shakoor was entitled to qualified immunity for damages. The court also reversed the denial of Morrison's motion to amend his complaint and the award of attorne
• Hamill v. Wright
  870 F.2d 1032· 5th Cir.· 1989-04-26 ·cited 5×
  The court affirmed the dismissal of the plaintiff's Section 1983 claims, finding he lacked standing for injunctive relief and that defendants were immune or had no duty to appoint counsel, but modified the dismissal of pendent state law claims to be without prejudice.
• Arkamel Ray Sales v. R.C. Marshall
  873 F.2d 115· 6th Cir.· 1989-04-21 ·cited 5×
  The court held that expenses for transporting state prisoners to federal court in response to a writ of habeas corpus ad testificandum are not taxable costs under 28 U.S.C. § 1920, and that a state entity's motion to intervene to recover such costs was untimely.
• Smith v. Cleburne Cnty. Hosp.
  870 F.2d 1375· 8th Cir.· 1989-03-08 ·cited 5×
  The court held that a state hospital can regulate medical staff privileges to promote public service efficiency, and a doctor's failure to meet requirements constitutes voluntary withdrawal, not constructive revocation, especially when speech includes personal attacks causing dis
• Brown v. The City OF Trenton
  867 F.2d 318· 6th Cir.· 1989-02-09 ·cited 5×
  The court held that the police officers' letter to their chief, criticizing internal departmental matters, did not constitute speech on a matter of public concern and therefore was not protected by the First Amendment.
• News & Sun-Sentinel Co. v. Cox
  702 F. Supp. 891· S.D. Fla.· 1988-12-19 ·cited 5×
  The court held that Florida Statute § 337.406, as written, is an unconstitutional restriction on First Amendment rights because it is overbroad and not narrowly tailored to serve a significant governmental interest. The court also denied claims regarding the Sunshine Act and tort
• Bennita N. Davis and Charles L. Maddox v. The Mobile Consortium OF Ceta
  857 F.2d 737· 11th Cir.· 1988-10-12 ·cited 5×
  The court held that plaintiffs' § 1983 claims based solely on violations of CETA were barred by its comprehensive remedial scheme, and their due process claims failed for lack of a property interest in CETA employment.
• Lolita Parker v. Williams
  855 F.2d 763· 11th Cir.· 1988-09-20 ·cited 5×
  The court held that collateral estoppel cannot be applied against parties who have not had an opportunity to litigate the issue, even if the issue was litigated by another party in a prior action.
• Levitt v. Univ. OF Tex. AT EL Paso
  847 F.2d 221· 5th Cir.· 1988-06-16 ·cited 5×
• Med. Laundry Serv. v. The Bd. OF Trs. OF the Univ. OF Ala.
  840 F.2d 840· 11th Cir.· 1988-03-23 ·cited 5×
  A simple breach of contract by the State does not constitute a denial of procedural due process rights actionable under Section 1983.
• de Luna v. Farris
  841 F.2d 312· 9th Cir.· 1988-03-09 ·cited 5×
  The court held that the amended Arizona statute governing tolling of the statute of limitations for imprisonment applied, and the plaintiff's claim was time-barred.
• Digre v. Roseville Schs. Indep. Dist. NO. 623
  841 F.2d 245· 8th Cir.· 1988-03-09 ·cited 5×
  The court held that the school district did not violate the stay-put provision by placing Sean in special education, and the plaintiff failed to establish grounds for preliminary injunctive relief.
• Am. Disposal Servs., Inc. v. O'Brien
  839 F.2d 84· 2d Cir.· 1988-02-09 ·cited 5×
  The court held that the district court did not abuse its discretion in dismissing the federal civil rights action based on abstention principles under Colorado River due to parallel state court proceedings.
• Fonzie O. Martin v. Dallas Cnty.
  822 F.2d 553· 5th Cir.· 1987-07-28 ·cited 5×·via 42 U.S.C. § 1983 Claim
  The court held that a claim for deprivation of substantive due process is not barred by the Parratt/Hudson doctrine, but claims for procedural due process violations are barred if the state provides adequate post-deprivation remedies. Summary judgment for the district clerk was a
• Gonzalez v. Pingree
  821 F.2d 1526· 11th Cir.· 1987-07-20 ·cited 5×
  A § 1983 action is available to redress violations of the Food Stamp Act, and a prevailing plaintiff is entitled to attorney's fees under § 1988.
• Smith v. Meese
  821 F.2d 1484· 11th Cir.· 1987-06-30 ·cited 5×
  The plaintiffs have not sufficiently alleged concrete injury to themselves to satisfy the constitutional requirement of standing, thus the district court lacks jurisdiction.
• Brown v. Officer L. Patterson
  823 F.2d 167· 7th Cir.· 1987-06-12 ·cited 5×
  An officer executing a facially valid arrest warrant does not violate the Fourth Amendment by arresting the wrong person if the officer acts reasonably under the circumstances, even if the warrant contains inaccurate information.
• Moses v. Sadashiv D. Parwatikar, M.D.
  813 F.2d 891· 8th Cir.· 1987-03-09 ·cited 5×
  A court-appointed psychiatrist performing quasi-judicial functions is absolutely immune from suit, and pleading a conspiracy does not defeat this immunity.
• Lanier v. City OF Newton
  807 F.2d 922· 11th Cir.· 1987-01-14 ·cited 5×
  The Eleventh Circuit certified questions to the Alabama Supreme Court regarding whether the State delegated its Twenty-First Amendment power to municipalities, whether the State preempted the field of regulating entertainment in liquor establishments, and whether the City's ordin
• Blackwell v. Dep't OF Offender Rehab.
  807 F.2d 914· 11th Cir.· 1987-01-13 ·cited 5×
  The court held that an attorney's failure to disclose settlement terms foreclosing attorney's fees constituted a lack of candor warranting Rule 11 sanctions, even if subsequent legal arguments had arguable merit.
• Smiddy v. Dudley D. Varney
  803 F.2d 1469· 9th Cir.· 1986-11-06 ·cited 5×
  The court held that the district court erred in granting summary judgment for the plaintiff because the plaintiff failed to present evidence rebutting the presumption that the prosecutor exercised independent judgment in filing the criminal complaint, which insulates the arrestin
• Talbert v. Kelly
  799 F.2d 62· 3d Cir.· 1986-08-25 ·cited 5×
  The court held that the city's policy was not unconstitutional and did not cause the plaintiffs' rights violation, nor was the city estopped from denying liability. The court reversed the district court's directed verdict on liability.
• Soffer v. City OF Costa Mesa
  798 F.2d 361· 9th Cir.· 1986-08-22 ·cited 5×
  The court held that while the City's post-tow procedures violated due process, the appellant failed to prove damages and did not properly plead claims against individual defendants. The award of attorney's fees to the individual defendants was reversed.
• Am. Booksellers Ass'n, Inc. v. Commonwealth OF Va.
  792 F.2d 1261· 4th Cir.· 1986-06-12 ·cited 5×
  The court held that the Virginia amendment restricting display of sexually explicit material to juveniles was facially unconstitutional as overbroad and a violation of the First Amendment, and that plaintiffs were entitled to attorneys' fees.
• Williams v. Ga. Dep't OF Human Res.
  789 F.2d 881· 11th Cir.· 1986-05-15 ·cited 5×
  The court held that a district court cannot grant a directed verdict before trial when a party has requested a jury trial.
• S. MacOmb Disposal Auth. v. Twp. OF Wash.
  790 F.2d 500· 6th Cir.· 1986-05-13 ·cited 5×
  The Eleventh Amendment does not protect municipal corporations from state control, and federal courts should not adjudicate internal state disputes between political subdivisions.
• Eitel v. Verla Sue Holland
  787 F.2d 995· 5th Cir.· 1986-04-18 ·cited 5×
  A judge is immune from damages for judicial acts, and the right to self-representation in civil cases is statutory, not constitutional. Younger abstention does not apply to claims against private parties in completed state proceedings where no important state policies are implica
• Legi-Tech, Inc. v. Keiper
  766 F.2d 728· 2d Cir.· 1985-07-05 ·cited 5×
  The First Amendment may prohibit a state from denying a member of the press access to a state-owned computerized database of legislative information, especially if the denial is based on the press's ability to republish the information. The court remanded for further factual find