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

• Hullman v. Bd. OF Trs. OF Pratt Cmty. Coll.
  950 F.2d 665· 10th Cir.· 1991-12-04 ·cited 4×
  The court held that the district court did not abuse its discretion in dismissing free speech claims not included in the pretrial order, affirming the grant of summary judgment.
• Cochrane v. Quattrocchi
  949 F.2d 11· 1st Cir.· 1991-11-15 ·cited 4×
  A prison visitor's consent to a strip search is not legally cognizable if conditioned on the choice between the search and foregoing visitation, and the reasonableness of such a search is a question of fact for the jury.
• Hyburnia Husband v. Bryan
  946 F.2d 27· 5th Cir.· 1991-10-28 ·cited 4×
  The court held that officers are not entitled to qualified immunity if they obtained a warrant based on false statements or exceeded the warrant's scope by conducting intrusive searches in open fields.
• Goetz v. Cappelen
  946 F.2d 511· 7th Cir.· 1991-10-15 ·cited 4×
  The court held that the defendants waived their claim of prejudice from evidence of prior incidents by refusing a limiting instruction and that the denial of the motion to dismiss the City was moot. The court also affirmed the admission of police reports and upheld the jury's ver
• Hoesterey v. The City OF Cathedral City
  945 F.2d 317· 9th Cir.· 1991-09-27 ·cited 4×
  The court held that the statute of limitations for a claim alleging a failure to provide a pretermination hearing accrues when the employee has notice that the termination decision is final and will not be followed by further process, not merely when notified of the termination d
• Perko v. Dr. Bowers
  945 F.2d 1038· 8th Cir.· 1991-09-24 ·cited 4×
  The fugitive from justice rule may be selectively applied in civil cases, but dismissal is not automatic and requires consideration of individual circumstances; Perko's two-day escape did not warrant dismissal.
• Claughton v. Donner
  771 F. Supp. 1200· S.D. Fla.· 1991-08-30 ·cited 4×
  The court held that it lacked subject matter jurisdiction and that the plaintiff failed to state a claim upon which relief could be granted, thus granting the motions to dismiss.
• Newcomb v. Ingle
  944 F.2d 1534· 10th Cir.· 1991-08-28 ·cited 4×
  Title III of the Omnibus Crime Control and Safe Streets Act does not apply to a custodial parent intercepting a minor child's telephone conversations within the family home, and a prosecutor is entitled to absolute immunity for prosecutorial decisions.
• Hayes Williams v. McKEITHEN
  939 F.2d 1100· 5th Cir.· 1991-08-13 ·cited 4×
  The court held that the preliminary injunction was improperly issued because it lacked legal basis, supporting evidence, and proper notice and hearing to the affected parties.
• Porter v. Deputy Martinez
  941 F.2d 732· 9th Cir.· 1991-08-12 ·cited 4×
  The court held that dismissal is an extreme sanction requiring consideration of multiple factors, and less drastic sanctions should be imposed when a pro se litigant, who is indigent and handicapped, shows attempts to comply and obtains counsel.
• Reed v. Shepard
  939 F.2d 484· 7th Cir.· 1991-08-08 ·cited 4×
  The court affirmed the district court's decisions, finding no due process violation and no actionable sexual discrimination or harassment under Title VII.
• Blankenbaker v. McCOOK Pub. Power Dist.
  940 F.2d 384· 8th Cir.· 1991-08-06 ·cited 4×
  The court held that the 'discharge for cause' language in the Employee Agreement created a property interest in the employee's job, entitling him to due process.
• Calhoun v. ST. Bernard Parish
  937 F.2d 172· 5th Cir.· 1991-08-01 ·cited 4×
  Police Jurors are entitled to legislative immunity against damages in their individual capacities for actions related to zoning decisions.
• California Men's Colony v. Rowland
  939 F.2d 854· 9th Cir.· 1991-07-29 ·cited 4×
  Associations are considered 'persons' under 28 U.S.C. § 1915(a) and may proceed in forma pauperis if they demonstrate indigency.
• Young v. Biggers
  938 F.2d 565· 5th Cir.· 1991-07-26 ·cited 4×
  The court held that claims against certain defendants were barred by immunity, while claims against police officers for alleged framing could proceed if specific facts were proven.
• Ritchie v. Wickstrom
  938 F.2d 689· 6th Cir.· 1991-07-23 ·cited 4×
  The court held that while the Eleventh Amendment did not bar the suit against the individual defendants, the claims failed on the merits because the alleged misconduct amounted to negligence, not a constitutional violation, and the policymaker defendant was not responsible for th
• Richards v. Bellmon
  941 F.2d 1015· 10th Cir.· 1991-07-19 ·cited 4×
  The court held that the district court erred in dismissing the complaint and that the case should be remanded for further proceedings consistent with supervening authority.
• Austin v. State Indus. Ins. Sys.
  939 F.2d 676· 9th Cir.· 1991-07-15 ·cited 4×
  The court held that the Nevada State Industrial Insurance System (SIIS) is a state agency entitled to Eleventh Amendment immunity, and therefore the plaintiff's 42 U.S.C. § 1983 action against SIIS and its General Manager sued in his official capacity was properly dismissed.
• Jama Constr. v. City OF LOS Angeles
  938 F.2d 1045· 9th Cir.· 1991-07-15 ·cited 4×
  The court held that a regulatory taking claim is not ripe for federal review until the plaintiff has sought compensation through available state procedures, and affirmed dismissal on this ground.
• LEE v. Vill. OF River Forest
  936 F.2d 976· 7th Cir.· 1991-07-12 ·cited 4×
  The court affirmed the district court's denial of the Rule 60(b)(6) motion and its dismissal of the second action on res judicata grounds.
• Kirk v. Davis
  936 F.2d 971· 7th Cir.· 1991-07-11 ·cited 4×
  The court held that the evidence presented a jury question as to whether the defendants had reason to suspect the plaintiff's injuries were serious immediately after arrest and at the police station.
• Schneider v. TRW, Inc.
  938 F.2d 986· 9th Cir.· 1991-07-10 ·cited 4×
  Summary judgment for the employer is affirmed because the employee failed to raise a triable issue of material fact regarding her claims, including that her layoff was due to a legitimate reduction in force and not discriminatory reasons.
• Foster v. Univ. OF Ark.
  938 F.2d 111· 8th Cir.· 1991-07-05 ·cited 4×
  The court held that substantial evidence supported the jury's verdict and the jury instruction on pretext was correct, thus affirming the judgment.
• Harper v. LEE
  938 F.2d 104· 8th Cir.· 1991-07-01 ·cited 4×
  The court held that a prisoner was not denied due process when the prison administration corrected an initial procedural error by granting a rehearing to admit evidence.
• Mathis v. Hood
  937 F.2d 790· 2d Cir.· 1991-06-28 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the district court's grant of habeas relief, finding that the petitioner's appellate counsel had an actual conflict of interest that constituted a per se violation of the Sixth Amendment, making a showing of prejudice unnecessary.
• Swanson v. Wallace
  937 F.2d 965· 4th Cir.· 1991-06-25 ·cited 4×
  The court held that Secretary Powers is entitled to qualified immunity because the law was not clearly established at the time she enforced North Carolina's tax statutes, and her actions were objectively reasonable.
• Kingsley v. Bureau OF Prisons
  937 F.2d 26· 2d Cir.· 1991-06-24 ·cited 4×
  The court held that the inmate was denied his right to call witnesses at his disciplinary hearing, entitling him to relief on his habeas corpus petition. However, the court affirmed the dismissal of the Bivens claim, finding the alleged cruel and unusual punishment did not meet t
• Howard v. City OF Burlingame
  937 F.2d 1376· 9th Cir.· 1991-06-19 ·cited 4×
  The Federal Communications Act, FCC regulations, and PRB-1 do not create individual rights enforceable under 42 U.S.C. § 1983, and a preemption victory under the Supremacy Clause does not confer such rights for attorney fee purposes.
• Schlacter-Jones v. General Telephone OF California
  936 F.2d 435· 9th Cir.· 1991-06-17 ·cited 4×·via 42 U.S.C. § 1983 Claim
  State law claims arising from an employee's drug testing and discharge are preempted by Section 301 of the LMRA when their resolution requires interpretation of the collective bargaining agreement.
• Edyna Marie Sischo-Nownejad v. Merced Cmty. Coll. Dist.
  934 F.2d 1104· 9th Cir.· 1991-06-13 ·cited 4×
  The court held that the plaintiff presented sufficient evidence to create a genuine issue of material fact regarding intentional discrimination under Title VII, ADEA, and § 1983, thus reversing summary judgment on those claims.
• Johnson v. Est. of Mark A. Laccheo
  935 F.2d 109· 6th Cir.· 1991-06-05 ·cited 4×
  The court held that factual disputes prevented summary judgment on the qualified immunity issue, and the district court's decision should be affirmed.
• Smith v. Nat'l Health Care Servs. OF Peoria
  934 F.2d 95· 7th Cir.· 1991-05-23 ·cited 4×
  The court held that sanctions under Rule 11 were improperly imposed on attorney J. Brian Heller because his arguments regarding the statute of limitations and the repleading of dismissed claims were made in good faith and had a basis in law at the time.
• Porth v. Hal Farrier
  934 F.2d 154· 8th Cir.· 1991-05-22 ·cited 4×
  The court held that the jury instruction on the totality of the circumstances was proper, and the evidence did not compel a directed verdict for the inmate, affirming the jury's finding of no Eighth Amendment violation.
• Rountree v. Fairfax Cnty. Sch. Bd.
  933 F.2d 219· 4th Cir.· 1991-05-13 ·cited 4×
  The court held that the adoption of a merit pay system for teachers did not create a "new and distinct" contractual relationship actionable under 42 U.S.C. § 1981, and that the teachers failed to present sufficient evidence of discrimination.
• Vacca v. Barletta
  933 F.2d 31· 1st Cir.· 1991-05-09 ·cited 4×
  The court held that genuine issues of material fact exist regarding the reasonableness of the defendant's actions in removing the plaintiff from the meeting, thus precluding summary judgment.
• Houston v. Reich
  932 F.2d 883· 10th Cir.· 1991-05-07 ·cited 4×
  The court held that the district court erred in ordering the City to pay judgments against individual officers after the City had been dismissed from the action, and that the Oklahoma Governmental Tort Claims Act did not apply because the officers' conduct, as indicated by puniti
• Foster v. Basham
  932 F.2d 732· 8th Cir.· 1991-05-06 ·cited 4×
  The court held that while the prison's policy of denying inmates access to attorney listings from telephone directories was unconstitutional, the supervisor was entitled to qualified immunity because she reasonably believed the policy was lawful given her understanding of inmate
• Dawson v. Milwaukee Hous. Auth.
  930 F.2d 1283· 7th Cir.· 1991-05-01 ·cited 4×
  The court held that the state's failure to protect a resident from violence by another resident, even in public housing, does not violate the Fourteenth Amendment's due process clause.
• Reather Reynolds v. J.W. Benefield
  931 F.2d 506· 8th Cir.· 1991-04-30 ·cited 4×
  The court held that the district court's finding that the City's peremptory challenges of two black potential jurors were not racially motivated was not clearly erroneous, and therefore affirmed the denial of a new trial.
• In re the Est. OF Michael Patrick Smith & Carolyn Finnell v. O'Halloran
  930 F.2d 1496· 10th Cir.· 1991-04-22 ·cited 4×
  The court held that the district court erred in finding the Secretary's position substantially justified for the period before March 24, 1987, and thus plaintiffs are entitled to attorneys' fees under the EAJA for that period.
• Tanks v. Greater Cleveland Reg'l Transit Auth.
  930 F.2d 475· 6th Cir.· 1991-04-12 ·cited 4×
  The court held that the GCRTA's drug testing policy, requiring a bus driver to submit to testing after colliding with a fixed object, was reasonable under the Fourth Amendment and did not violate the driver's constitutional rights.
• Oliver Schs., Inc. v. Cornelius J. Foley, Ph.D.
  930 F.2d 248· 2d Cir.· 1991-04-12 ·cited 4×
  The court held that the district court erred in dismissing claims against individual defendants in their personal capacities and in denying leave to amend the complaint to clarify such claims.
• Mills v. R.J. Graves
  930 F.2d 729· 9th Cir.· 1991-04-11 ·cited 4×
  The court held that the police officer was protected by qualified immunity from the section 1983 action because his conduct in obtaining search warrants and seizing equipment was objectively reasonable, even if minor procedural errors occurred or statutory interpretation was late
• Richard E. Pfeiffer, M.D. v. Hartford Fire Ins. Co.
  929 F.2d 1484· 10th Cir.· 1991-04-05 ·cited 4×
  The court held that state attorneys are absolutely immune from liability for actions intimately associated with the judicial process, including initiating and pursuing disciplinary proceedings and plea-bargaining-like offers, but not for wrongful dissemination of information to t
• Temple OF THE Lost Sheep Inc. v. Abrams
  930 F.2d 178· 2d Cir.· 1991-04-05 ·cited 4×
  A federal plaintiff cannot avoid preclusion by reserving federal claims in state court after Younger abstention; collateral estoppel applies to issues decided in state court if there was a full and fair opportunity to litigate.
• Maul v. Constan
  928 F.2d 784· 7th Cir.· 1991-04-01 ·cited 4×
  The court held that the defendants waived their qualified immunity defense by failing to raise it in a timely manner during the proceedings. The court also vacated the damages award and remanded for clarification.
• Int'l Paper Co. v. Town OF JAY
  928 F.2d 480· 1st Cir.· 1991-03-21 ·cited 4×
  The court affirmed the dismissal of claims that a municipal environmental ordinance was preempted by the NLRA, violated due process/equal protection, or conflicted with state law, finding the ordinance was rationally related to legitimate municipal ends and did not impermissibly
• Bernardsville Quarry v. Borough of Bernardsville
  929 F.2d 927· 3d Cir.· 1991-03-08 ·cited 4×
  The court held that the district court correctly dismissed the federal complaint because the plaintiff was precluded from relitigating claims already decided in state court under New Jersey's Entire Controversy Doctrine.
• Leshurn Hunt v. Jaglowski
  926 F.2d 689· 7th Cir.· 1991-03-07 ·cited 4×
  The court held that the Assistant State's Attorney was entitled to prosecutorial immunity for his actions in reviewing and approving charges after the plaintiff had confessed.
• Mustafa Al-Alamin v. Gramley
  926 F.2d 680· 7th Cir.· 1991-03-06 ·cited 4×
  The court held that the district court erred in ordering statewide injunctive relief and awarding damages because the prison officials made reasonable efforts to accommodate the Muslim inmates' religious practices, and there was no ongoing constitutional violation.