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

• Hamilton v. O'Leary
  976 F.2d 341· 7th Cir.· 1992-09-28 ·cited 4×
  The court held that the revocation of good time credits was supported by "some evidence" as required by due process, even if the evidence was meager.
• McMATH v. City OF Gary
  976 F.2d 1026· 7th Cir.· 1992-09-28 ·cited 4×
  The court held that while the plaintiff's complaint adequately alleged a violation of a liberty interest to survive a motion to dismiss, there was insufficient evidence presented at trial to link the defendants to the public dissemination of stigmatizing statements about the plai
• Listenbee v. City OF Milwaukee & Milwaukee City Serv. Comm'n
  976 F.2d 348· 7th Cir.· 1992-09-28 ·cited 4×
  The court held that the plaintiff's motion for an extension of time to file an appeal constituted a valid notice of appeal under Smith v. Barry. However, the court affirmed the dismissal, finding that the plaintiff did not possess a property interest in continuous employment prot
• Ambus v. Granite Bd. OF Educ.
  975 F.2d 1555· 10th Cir.· 1992-09-24 ·cited 4×
  The Tenth Circuit held that the Granite School District Board of Education is not entitled to Eleventh Amendment immunity and that the plaintiff's due process claims regarding presuspension and postsuspension hearings were properly resolved by summary judgment, but the court rema
• Click v. Harlon Copeland
  970 F.2d 106· 5th Cir.· 1992-09-01 ·cited 4×
  The court held that the sheriff was not entitled to qualified immunity because it was clearly established that retaliatory transfers for political activity violated the First Amendment, and there was sufficient evidence of causation to go to the jury.
• Hobbs v. Hawkins
  968 F.2d 471· 5th Cir.· 1992-08-13 ·cited 4×
  The court held that the district court lacked subject matter jurisdiction over the § 1983 claim alleging violations of NLRA rights (§§ 7 and 9) due to the National Labor Relations Board's exclusive jurisdiction, but that plaintiffs stated a cause of action for deprivation of thei
• RUM Creek Coal Sales v. Caperton
  971 F.2d 1148· 4th Cir.· 1992-08-07 ·cited 4×
  The court held that West Virginia's Neutrality Statute, as interpreted and applied, was preempted by federal law because it impeded the federal purpose of protecting the free play of economic forces in labor disputes. The court also held that the district court's order regarding
• Selan v. Kiley
  969 F.2d 560· 7th Cir.· 1992-08-04 ·cited 4×
  The court held that the plaintiff failed to establish a continuing violation for time-barred claims and that the denial of professional privileges was not a result of age discrimination or retaliation.
• Lucien v. Preiner
  967 F.2d 1166· 7th Cir.· 1992-07-14 ·cited 4×
  Prosecutors are absolutely immune from liability under 42 U.S.C. § 1983 for statements made in executive clemency proceedings.
• Brown v. Griesenauer
  970 F.2d 431· 8th Cir.· 1992-07-13 ·cited 4×
• Brown-El v. Delo
  969 F.2d 644· 8th Cir.· 1992-07-10 ·cited 4×
  A prisoner cannot be punished for a conduct violation without appropriate notice and hearing, and prison officials cannot avoid these requirements by labeling segregation as administrative. However, administrative segregation is permissible for legitimate security reasons.
• Ryan v. Sargent
  969 F.2d 638· 8th Cir.· 1992-07-08 ·cited 4×
  The court held that the warden's corroboration of specific details from a confidential informant's tip provided sufficient indicia of reliability to satisfy due process for placing an inmate in administrative segregation. The court also held that the denial of the inmate's motion
• Elise Elizabeth Gordon v. C.W. Kidd
  971 F.2d 1087· 4th Cir.· 1992-07-01 ·cited 4×
  The court held that while some defendants were entitled to qualified immunity due to lack of knowledge of suicidal tendencies, one defendant's deliberate indifference to a known suicide risk warranted denial of summary judgment. The court affirmed the denial of summary judgment f
• Caldwell v. Woodford Cnty. Chief Jailer
  968 F.2d 595· 6th Cir.· 1992-07-01 ·cited 4×
  The court held that the use of a stun gun and straitjacket to subdue a disruptive inmate was a good-faith effort to maintain order and did not violate the Eighth Amendment, and that the one-day delay in medical treatment did not constitute deliberate indifference.
• Farrell v. Captain Lawrence McDONOUGH
  966 F.2d 279· 7th Cir.· 1992-06-30 ·cited 4×
  The court held that the inmate's section 1983 complaint against the captain was time-barred because the amended complaint was filed outside the applicable two-year statute of limitations and did not relate back.
• Hudson v. McMillian
  962 F.2d 522· 5th Cir.· 1992-06-10 ·cited 4×
  The court held that the force used against the prisoner was unnecessary, wanton, and applied maliciously and sadistically to cause harm, violating the Eighth Amendment.
• Fiorenzo v. Nolan
  965 F.2d 348· 7th Cir.· 1992-06-04 ·cited 4×
  The court held that the plaintiffs failed to present sufficient evidence to establish that the transfers were ordered or ratified by officials with final policymaking authority, and that Chief Nolan was protected by qualified immunity.
• Lett v. Magnant
  965 F.2d 251· 7th Cir.· 1992-06-01 ·cited 4×
  The court held that the district court erred in granting summary judgment because it applied an incorrect interpretation of the Boren Amendment's reimbursement standard, effectively collapsing the post-Boren standard into the pre-Boren 'reasonable cost' standard.
• Hornsby v. ST. Louis Sw. Ry. Co.
  963 F.2d 1130· 8th Cir.· 1992-05-12 ·cited 4×
  The court held that an employee discharged for intentionally providing false testimony regarding a co-employee's FELA claim is not protected by 45 U.S.C. § 60, and that claims under this statute seeking back pay and reinstatement are equitable in nature, thus not entitling the em
• Chesterfield Dev. Corp. v. City OF Chesterfield
  963 F.2d 1102· 8th Cir.· 1992-05-07 ·cited 4×
  A violation of state law in zoning matters, even if egregious or in bad faith, does not automatically give rise to a federal substantive due process claim under 42 U.S.C. § 1983.
• Nestor Colon Medina & Sucesores, Inc. v. Patria G. Custodio
  964 F.2d 32· 1st Cir.· 1992-05-07 ·cited 4×
  The court affirmed summary judgment on most claims but reversed and remanded for further proceedings on the First Amendment claim regarding the residential site permit, finding that discovery should have been allowed.
• Aviles-Martinez v. Monroig
  963 F.2d 2· 1st Cir.· 1992-04-30 ·cited 4×
  The court affirmed dismissal of Aviles's claims and Flores's claim against Rivera, but reversed dismissal of Flores's claim against Jimenez, remanding for further proceedings.
• Swanson v. Vill. OF Lake IN THE Hills
  962 F.2d 602· 7th Cir.· 1992-04-29 ·cited 4×
  The court held that the plaintiff received constitutionally adequate due process in disciplinary actions and that summary judgment was appropriate for the invasion of privacy claim.
• White v. Taylor
  959 F.2d 539· 5th Cir.· 1992-04-29 ·cited 4×
  The dissent would not reject the jury's verdict and would hold Chief Harrell liable for intentional and illegal actions violating clearly established rights.
• Filippo v. Bongiovanni
  961 F.2d 1125· 3d Cir.· 1992-04-22 ·cited 4×
  The court held that the University's dismissal regulations, absent incorporation of the AAUP Statement on Professional Ethics, were void for vagueness and did not provide adequate notice that the charged conduct could lead to dismissal.
• Garrett v. Barnes
  961 F.2d 629· 7th Cir.· 1992-04-08 ·cited 4×·via 42 U.S.C. § 1983 Claim
  A plaintiff must present more than speculation and innuendo to establish a prima facie case of politically motivated termination under § 1983.
• Jackson v. City OF Beaumont Police Dep't
  958 F.2d 616· 5th Cir.· 1992-04-03 ·cited 4×·via 42 U.S.C. § 1983 Claim
  The court held that the district court erred in denying the officers' Rule 12(b)(6) motion to dismiss by improperly conflating the standards for dismissal under Rule 12(b)(6) and 28 U.S.C. § 1915(d), and that the plaintiff failed to meet the heightened pleading requirements for q
• Baumgardner v. The Sec'y
  960 F.2d 572· 6th Cir.· 1992-03-31 ·cited 4×
  The court concurred that presumed damages may be appropriate for civil rights violations, including under the Fair Housing Act, even if actual injury is difficult to prove, but found they were not necessary in this specific case due to evidence of actual injury.
• Rogers v. Bucks Cnty. Dom. Relations Section & Albert J. Fonash
  959 F.2d 1268· 3d Cir.· 1992-03-30 ·cited 4×
  The court held that the plaintiffs had no property interest in the interest that could have been earned on intercepted child support funds, and therefore, the government's failure to pay interest did not constitute an uncompensated taking or a due process violation.
• Maust v. Headley
  959 F.2d 644· 7th Cir.· 1992-03-26 ·cited 4×
  A criminal defendant found unfit to stand trial does not possess a protected liberty interest in being confined to the least restrictive mental health facility under current Illinois law, especially after amendments to the Criminal Code.
• Owens-Corning Fiberglas Corp. v. Moran
  959 F.2d 634· 7th Cir.· 1992-03-24 ·cited 4×
  A federal court should not interfere with ongoing state litigation by issuing an injunction, especially when the litigant has an adequate remedy through appeal after a final judgment.
• Barnes v. State OF Mo.
  960 F.2d 63· 8th Cir.· 1992-03-23 ·cited 4×
  The denial of the State of Missouri's motion for summary judgment based on Eleventh Amendment immunity is reversed because the state did not waive its immunity and Congress did not abrogate it for the claims presented.
• Lamb's Chapel & John Steigerwald v. Ctr. Moriches Union Free Sch. Dist. & Louise Tramontano
  959 F.2d 381· 2d Cir.· 1992-03-18 ·cited 4×
  A school district may deny access to its facilities for religious speech when those facilities are classified as limited public forums and the denial is viewpoint-neutral, consistent with state law and district policy.
• Bogan v. Stroud
  958 F.2d 180· 7th Cir.· 1992-03-18 ·cited 4×
  The court held that defendants waived their right to appeal the jury's award of punitive damages without compensatory damages by failing to object to the jury instruction that permitted such an award.
• Apolinar "Paul" Benavides and Stella G. Benavides v. Cnty. OF Wilson & Marvin H. Baumann
  955 F.2d 968· 5th Cir.· 1992-03-05 ·cited 4×
  The court held that the plaintiffs failed to raise a fact issue regarding the county's deliberate indifference in hiring and training jail personnel, and that the wife's state-law claims were also insufficient.
• Brown v. Wallace
  957 F.2d 564· 8th Cir.· 1992-02-21 ·cited 4×
  The court held that the magistrate judge did not abuse discretion in denying the motion to amend the complaint and that the defendants were not personally liable for the plaintiff's alleged mistreatment.
• Campbell v. Purkett
  957 F.2d 535· 8th Cir.· 1992-02-20 ·cited 4×
  The court held that the prison's grooming regulation is reasonably related to legitimate penological interests and that the inmate lacked standing to challenge counsel appointments.
• Anthony v. Baker
  955 F.2d 1395· 10th Cir.· 1992-02-05 ·cited 4×
  The court held that the law of the case doctrine barred reargument of absolute immunity for grand jury testimony, but not for preliminary hearing testimony.
• Bennett v. Jett
  956 F.2d 138· 7th Cir.· 1992-02-04 ·cited 4×
  The court held that the district court did not err in applying the Chevron retroactivity analysis and concluding that retroactive application of Logan v. Zimmerman Brush Co. was inappropriate due to the factors outlined in Chevron.
• Luckett v. Jett
  966 F.2d 209· 7th Cir.· 1992-02-04 ·cited 4×
  The court held that the district court did not err in refusing retroactive relief for claims processed under the pre-amendment IHRA, and that the amended IHRA procedures comport with due process.
• Duke v. Smith
  784 F. Supp. 865· S.D. Fla.· 1992-01-30 ·cited 4×
  The court held that the actions of the Presidential Candidate Selection Committee, despite its statutory creation, were not state actions, and thus plaintiffs failed to establish a claim under 42 U.S.C. § 1983.
• Tyrone v. Hardin
  954 F.2d 1193· 6th Cir.· 1992-01-27 ·cited 4×
• Hutchinson v. Stuckey
  952 F.2d 1418· D.C. Cir.· 1992-01-14 ·cited 4×
  The court held that the district court abused its discretion by granting a new trial based on the verdict being against the weight of the evidence, but affirmed the finding that damages were excessive, remanding for a new trial on damages only.
• Spear v. Town OF W. Hartford
  954 F.2d 63· 2d Cir.· 1992-01-13 ·cited 4×
  Individual defendants acting in their official capacities to authorize a civil lawsuit are absolutely immune from liability under 42 U.S.C. § 1983, and a private entity does not act under color of state law merely by meeting with state actors.
• King Smith, Jr. v. City OF Chicago Heights
  951 F.2d 834· 7th Cir.· 1992-01-13 ·cited 4×
  The court held that Illinois' fraudulent concealment statute does not apply when the identity of the tortfeasor is concealed, but remanded for consideration of equitable tolling and estoppel.
• Layton v. Beyer
  953 F.2d 839· 3d Cir.· 1992-01-10 ·cited 4×
  The court held that New Jersey Department of Corrections regulations, by using mandatory language and establishing specific substantive predicates for placing inmates in restrictive custody, created a constitutionally protected liberty interest. The court further held that the "r
• Williams v. J.H. Griffin
  952 F.2d 820· 4th Cir.· 1991-12-30 ·cited 4×
  A verified complaint alleging unsanitary and overcrowded prison conditions, which raise genuine issues of material fact regarding Eighth Amendment violations and deliberate indifference, can withstand a motion for summary judgment.
• Navarro v. F.K. Barthel
  952 F.2d 331· 9th Cir.· 1991-12-27 ·cited 4×
  The court held that the reasonableness standard, not the Franks standard, applies to determine if a search warrant's description of a location was sufficiently particular under the Fourth Amendment.
• Gluth v. Kangas
  951 F.2d 1504· 9th Cir.· 1991-12-23 ·cited 4×
  The court held that the Department of Corrections policies denied inmates meaningful access to the courts, and the district court's grant of summary judgment and injunctions were proper.
• Knight v. Lombardi
  952 F.2d 177· 8th Cir.· 1991-12-10 ·cited 4×·via 42 U.S.C. § 1983 Claim
  The court held that the seizure of inmate mail, reasonably related to penological interests and supported by legitimate security concerns, did not violate the inmate's First Amendment rights, and the procedural due process claim failed due to lack of alleged injury.