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

• Travis v. Owego-Apalachin Sch. Dist. & Charles Tyo
  927 F.2d 688· 2d Cir.· 1991-02-28 ·cited 4×
  The court held that the school district's denial of the auditorium use for a religious fundraiser violated the First Amendment's free speech clause and the Fourteenth Amendment's equal protection clause by discriminating based on religious viewpoint.
• Johnson v. Moore
  926 F.2d 921· 9th Cir.· 1991-02-28 ·cited 4×
  The court held that while most of the prisoner's claims were meritless, the application of a 'publishers only' rule to softcover books warranted further review. The court also found that the prison's failure to provide free photocopying did not violate the prisoner's right of acc
• James A. Privitera, M.D. v. Cal. Bd. OF Med. Quality Assurance
  926 F.2d 890· 9th Cir.· 1991-02-25 ·cited 4×
  The court held that the district court's stay order, which effectively denied a preliminary injunction, was immediately appealable and that the stay itself was improper as it did not meet the criteria for any established abstention doctrine. The court also found that the district
• Brown v. Hartshorne Pub. Sch. Dist. # 1
  926 F.2d 959· 10th Cir.· 1991-02-20 ·cited 4×
  The court held that the Title VII claim was time-barred, but the section 1983 claim against the school district was saved by Oklahoma's statute of limitations. The section 1983 claim against the board members was time-barred.
• Hiraldo-Cancel v. Aponte
  925 F.2d 10· 1st Cir.· 1991-02-04 ·cited 4×
  The court held that the district court did not err in denying judgment notwithstanding the verdict or in ordering reinstatement, as ample evidence supported the jury's finding of politically motivated dismissals and reinstatement was a proper equitable remedy.
• Henson-El v. D.C. Rogers
  923 F.2d 51· 5th Cir.· 1991-02-01 ·cited 4×
  The court held that the plaintiff's civil rights action was properly dismissed because the applicable statute of limitations had expired.
• Hughes Anderson Bagley, Jr. v. CMC Real Est. Corp.
  923 F.2d 758· 9th Cir.· 1991-01-22 ·cited 4×
  The court held that Bagley's civil rights claims accrued when he first learned of the injury, not upon the completion of his habeas corpus proceedings, and that his § 1985(2) claim failed for lack of class-based animus.
• Davis v. Se. Pa. Transp. Auth. & City of Philadelphia & P/O John Doe
  924 F.2d 51· 3d Cir.· 1991-01-22 ·cited 4×
  The court held that a district court cannot reduce an attorney fee award solely based on proportionality to the damages recovered, but affirmed the reduction because the plaintiff achieved only limited success by not pursuing equitable relief.
• Varnado v. Lynaugh
  920 F.2d 320· 5th Cir.· 1991-01-09 ·cited 4×
  The court held that a prisoner's claim of unsuccessful medical treatment or disagreement with treatment decisions does not rise to the level of deliberate indifference to serious medical needs required for a § 1983 claim.
• Young v. Lane
  922 F.2d 370· 7th Cir.· 1991-01-07 ·cited 4×
• Harris v. Dugger
  757 F. Supp. 1359· S.D. Fla.· 1991-01-02 ·cited 4×
  The court granted summary judgment for the defendants, finding no genuine issue of material fact regarding the plaintiff's free exercise and due process claims, and upholding the defendants' qualified immunity.
• Divers v. Dep't OF Corr.
  921 F.2d 191· 8th Cir.· 1990-12-20 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in sua sponte dismissing certain claims as legally frivolous under 28 U.S.C. § 1915(d), as they had an arguable basis in law or fact.
• Huffman v. B.J. Davis
  571 So. 2d 1371· Fla. 1st DCA· 1990-12-14 ·cited 4×
  The court held that the record did not provide sufficient evidence to grant summary judgment, as it was unclear whether the inmate violated administrative rules or was acting under orders.
• Fields v. Soloff
  920 F.2d 1114· 2d Cir.· 1990-12-11 ·cited 4×
  The court held that state officials are immune from suit under 42 U.S.C. § 1983 for actions taken in their judicial or prosecutorial capacities, even if those actions were erroneous or exceeded authority, as long as they did not act in the clear absence of all jurisdiction.
• Hatch v. Sharp
  919 F.2d 1266· 7th Cir.· 1990-12-11 ·cited 4×
  The court held that prohibiting inmates from playing the lottery is rationally related to legitimate penological interests and does not violate due process or equal protection.
• Raben-Pastal v. City OF Coconut Creek
  573 So. 2d 298· Fla.· 1990-12-06 ·cited 4×
  A municipality cannot be held liable under 42 U.S.C. § 1983 for a building official's refusal to withdraw a stop-work order because the official lacks final policy-making authority under state law. The building official's decisions are subject to review by the Board of Rules and
• Shaw v. Strackhouse
  920 F.2d 1135· 3d Cir.· 1990-12-06 ·cited 4×
  The court held that the professional judgment standard, not deliberate indifference, applies to claims by involuntarily institutionalized mentally retarded individuals. It reversed summary judgment on the February 15 assault claim but affirmed it on the restraint and February 3 a
• Smith v. Galley
  919 F.2d 893· 4th Cir.· 1990-11-29 ·cited 4×
  The court held that an informal appellate brief, even if filed timely and evincing intent to appeal, cannot substitute for a proper notice of appeal under Federal Rule of Appellate Procedure 3(c).
• Blair-Bey v. Crispus C. NIX
  919 F.2d 1338· 8th Cir.· 1990-11-28 ·cited 4×
  A stay order under Offet v. Solem is appealable as a collateral order, and state remedies must be exhausted even if the loss of good time credits will not shorten a life sentence without commutation.
• Conti v. The City OF Fremont
  919 F.2d 1385· 9th Cir.· 1990-11-28 ·cited 4×
  The court held that the plaintiff lacked standing to assert the constitutional rights of former patrons and that the city's refusal to amend the permit survived rational basis scrutiny and did not constitute a taking.
• Hernandez v. Denton
  919 F.2d 573· 9th Cir.· 1990-11-21 ·cited 4×
• Hopkins v. Stice
  916 F.2d 1029· 5th Cir.· 1990-11-08 ·cited 4×
• Zeb Gaston v. Taylor
  918 F.2d 25· 4th Cir.· 1990-11-05 ·cited 4×
  The court held that material issues of fact exist regarding whether the inmate had adequate notice that the altered jeans constituted contraband and whether supervisors were personally involved, requiring reversal of summary judgment for those officials.
• Collins v. The City OF Harker Heights
  916 F.2d 284· 5th Cir.· 1990-11-02 ·cited 4×
  A § 1983 action against a municipality for an employee's death requires an abuse of governmental power, not merely negligence or failure to train, especially in an employer-employee context.
• Burgess v. Pierce Cnty.
  918 F.2d 104· 9th Cir.· 1990-11-02 ·cited 4×
  The court held that the defendant executive is not entitled to qualified immunity because the plaintiff presented sufficient evidence to create a genuine issue of material fact regarding whether his clearly established First Amendment rights were violated.
• Dieckhoff v. Severson
  915 F.2d 1145· 7th Cir.· 1990-10-15 ·cited 4×
  The court held that alleged election irregularities, including technical violations of notice and timing requirements, did not rise to the level of constitutional claims cognizable under 42 U.S.C. § 1983 because they did not involve willful conduct undermining the election's orga
• Charity Armstead v. Coler
  914 F.2d 1464· 11th Cir.· 1990-10-15 ·cited 4×
  The court held that the Eleventh Amendment does not bar prospective relief for mentally retarded individuals discharged or transferred from a state institution during litigation, as the relief is tied to ensuring appropriate placement rather than compensating for past wrongs.
• Stenzel v. Ellis
  916 F.2d 423· 8th Cir.· 1990-10-08 ·cited 4×
  The court held that the majority decision improperly denied the plaintiff a jury trial on his Eighth Amendment claim of excessive force.
• Plumer v. State OF Md.
  915 F.2d 927· 4th Cir.· 1990-10-05 ·cited 4×
  The Court held that while the Parratt doctrine did not bar the plaintiff's claim, the state's license revocation procedures satisfied due process requirements.
• Wallace v. Robinson
  914 F.2d 869· 7th Cir.· 1990-09-26 ·cited 4×
• Hudson v. Edward M. Burke & the City of Chicago
  913 F.2d 427· 7th Cir.· 1990-09-18 ·cited 4×
  The court held that the positions of Finance Committee investigators were inherently political, making political affiliation an appropriate consideration for hiring and firing. Therefore, the appellants' terminations did not violate their constitutional rights.
• Diversified Numismatics, Inc. v. City of Orlando
  783 F. Supp. 1337· M.D. Fla.· 1990-09-06 ·cited 4×
  The court held that the amended Orlando precious metals ordinance is constitutional and that the plaintiffs lack standing to challenge it, granting summary judgment for the defendants.
• Higbee v. City OF SAN Diego
  911 F.2d 377· 9th Cir.· 1990-08-24 ·cited 4×
  The court held that the arrests and subsequent transportation of plaintiffs to jail were authorized by California law and did not violate the Fourth and Fourteenth Amendments.
• Branson v. City OF LOS Angeles
  912 F.2d 334· 9th Cir.· 1990-08-23 ·cited 4×·via 42 U.S.C. § 1983 Claim
  The court held that it lacked appellate jurisdiction to review the district court's dismissal order and denial of a Rule 59(e) motion because these orders were not immediately appealable under the collateral order doctrine, the Gillespie doctrine, or as final judgments.
• Polur v. Hyman Raffe
  912 F.2d 52· 2d Cir.· 1990-08-22 ·cited 4×
  The court held that claims based on a contempt order and sanctions judgment are barred by collateral estoppel and res judicata, and that claims against judges are barred by judicial immunity. The court affirmed dismissal of the complaint but modified the injunction against furthe
• Giannini v. Real
  911 F.2d 354· 9th Cir.· 1990-08-16 ·cited 4×
  The court affirmed the district court's decision, holding that both the California Bar Examination and the local rules requiring membership in the California State Bar for admission to federal district courts are constitutional.
• Lucas v. Townsend
  908 F.2d 851· 11th Cir.· 1990-08-09 ·cited 4×
• Walker v. City OF Kan. City
  911 F.2d 80· 8th Cir.· 1990-08-07 ·cited 4×
  The Twenty-first Amendment confers broad regulatory authority on cities to control liquor sales, including the circumstances and environment, such as go-go dancing in a barroom setting.
• Charles Koen & Assocs. v. City OF Cairo & Allen Moss
  909 F.2d 992· 7th Cir.· 1990-08-03 ·cited 4×
  Federal courts must give state court judgments the same preclusive effect as they have in the state's own courts, barring claims that were or could have been litigated.
• Chambers v. Wynne Sch. Dist.
  909 F.2d 1214· 8th Cir.· 1990-07-31 ·cited 4×
  The court held that the plaintiff failed to establish a prima facie case of discrimination for the 1984 hiring due to lack of application/inquiry, and for the 1986 hiring due to lack of required qualifications.
• Harrison v. Dahm
  911 F.2d 37· 8th Cir.· 1990-07-26 ·cited 4×
  The court held that prison officials were entitled to qualified immunity because the law was not clearly established that their actions violated an inmate's due process rights, and affirmed the dismissal of the inmate's section 1983 action.
• Johnson v. Hardin Cnty.
  908 F.2d 1280· 6th Cir.· 1990-07-20 ·cited 4×
  The court held that there was insufficient evidence to establish county liability for the prisoner's mistreatment, but the jury could find the individual jail officials deliberately indifferent to his serious medical needs. The attorney's fees award was reversed for reconsiderati
• Former Special Project Emps. Ass'n v. City OF Norfolk
  909 F.2d 89· 4th Cir.· 1990-07-19 ·cited 4×
  The Court held that the Demonstration Cities and Metropolitan Development Act of 1966 did not create an implied private cause of action, nor did it create enforceable rights under 42 U.S.C.A. § 1983 for employees seeking civil service status and pension credit.
• Hernandez v. Maxwell
  905 F.2d 94· 5th Cir.· 1990-07-10 ·cited 4×
  The court held that a pro se plaintiff's allegations of intentional appropriation of cash during an illegal search stated a claim for violation of constitutional rights under 42 U.S.C. § 1983, and the existence of a postdeprivation remedy did not preclude the claim.
• Wright v. Jones
  907 F.2d 848· 8th Cir.· 1990-07-10 ·cited 4×
  The court held that the jury instructions for both compensatory and punitive damages were proper, and that the directed verdict for Richard Wright was also correct.
• Edinger v. Bd. OF Regents OF Morehead State Univ.
  906 F.2d 1136· 6th Cir.· 1990-07-02 ·cited 4×
  A public university employee does not possess a protected property interest in continued employment absent a formal grant of tenure or circumstances creating an objectively reasonable expectation of tenure under state law and university policy.
• Patrick v. The City OF Detroit
  906 F.2d 1108· 6th Cir.· 1990-06-28 ·cited 4×
  The court held that while the district court erred in limiting cross-examination on the extent of injuries, this error was relevant only to damages, not liability, and thus a new trial is required solely on the amount of compensatory damages.
• Vieux v. E. BAY Reg'l Park Dist.
  906 F.2d 1330· 9th Cir.· 1990-06-26 ·cited 4×
  The court held that the ICC's exemption from abandonment procedures was not an 'Act of Congress' decree of abandonment under 43 U.S.C. § 912, and that the county's establishment of a public highway within one year of the railroad's cessation of use extinguished any reversionary r
• Penny Saver Publ'ns v. Vill. OF Hazel Crest
  905 F.2d 150· 7th Cir.· 1990-06-14 ·cited 4×
  The court held that the village ordinance was unconstitutionally vague as applied to potential advertisers in newspapers of general circulation, and that Penny Saver had standing to seek damages for lost revenues.
• Brown v. Borough OF Chambersburg
  903 F.2d 274· 3d Cir.· 1990-05-21 ·cited 4×
  42 U.S.C. § 1988 does not authorize awards of attorney's fees against a plaintiff's attorney, but can be awarded against a plaintiff whose claim is found frivolous, unreasonable, or groundless.