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

• Mikeska v. Collins
  900 F.2d 833· 5th Cir.· 1990-05-11 ·cited 4×
  The dissenting judge would hold that the failure of three litigants to sign the notice of appeal, or have it signed by a qualified representative, is a jurisdictional defect under Rule 3(c), requiring dismissal of their appeal.
• Plyler v. Parker Evatt
  902 F.2d 273· 4th Cir.· 1990-05-07 ·cited 4×
  The court affirmed the district court's award of attorneys' fees, finding no clear error in the hourly rates set and upholding the award for post-decree litigation that was inextricably intermingled with the original claims.
• Liscio v. Warren
  901 F.2d 274· 2d Cir.· 1990-04-12 ·cited 4×
  The court held that a factual dispute existed regarding whether the defendant physician's conduct constituted deliberate indifference to a pretrial detainee's serious medical needs, precluding summary judgment.
• Bailey v. Wictzack
  735 F. Supp. 1016· M.D. Fla.· 1990-04-03 ·cited 4×
  The court adopted the magistrate's recommendation to dismiss claims against defendants Rouse, Perrin, and Heinrich for failure to state a claim, but denied dismissal for defendant Allyn.
• Guidry v. Broussard
  897 F.2d 181· 5th Cir.· 1990-03-27 ·cited 4×
  The court held that summary judgment for the school board should be affirmed because there was no official policy sufficient to impose liability for any constitutional wrong, and any claim against the counselor was barred by qualified immunity.
• Bigford v. Taylor
  896 F.2d 972· 5th Cir.· 1990-03-23 ·cited 4×
  Deputy Spoor is entitled to qualified immunity from civil liability for the unlawful seizure of Bigford's truck because a reasonable officer in his position could have believed the seizure was lawful.
• Krug v. Vince Imbordino
  896 F.2d 395· 9th Cir.· 1990-02-15 ·cited 4×
  The court held that Krug's claims are barred by the statute of limitations or are meritless, and affirmed the district court's grant of summary judgment.
• Gregory v. Nunn
  895 F.2d 413· 7th Cir.· 1990-02-12 ·cited 4×
  The court held that a prisoner's allegations of lost legal documents, necessary for his defense and access to courts, sufficiently stated a claim for a constitutional deprivation under § 1983 to survive a motion to dismiss.
• HAY v. The City OF Irving
  893 F.2d 796· 5th Cir.· 1990-02-08 ·cited 4×
  The court held that while the jury's excessive force findings were supported by evidence, the conspiracy claim was improperly submitted, and damages for constitutional deprivation were impermissible.
• Cooper v. State OF Utah
  894 F.2d 1169· 10th Cir.· 1990-01-24 ·cited 4×
  The District Court erred in reducing attorney fees awarded under 42 U.S.C. § 1988 based on the simplicity of issues and settlement attempts.
• Indep. Sch. Dist. NO. 623 v. Digre
  893 F.2d 987· 8th Cir.· 1990-01-12 ·cited 4×
  The court held that the district court did not abuse its discretion in awarding attorney's fees under the EHA, as no special circumstances rendered the award unjust and fees for administrative proceedings were appropriate.
• Johnson v. D.E. Pelker
  891 F.2d 136· 7th Cir.· 1989-12-12 ·cited 4×
  Summary judgment was properly granted for most defendants, but the claim regarding unsanitary cell conditions requires further factual development.
• Tedder v. Odel
  890 F.2d 210· 9th Cir.· 1989-11-28 ·cited 4×
  The court held that a plaintiff proceeding in forma pauperis is not exempt from the requirement of tendering witness and mileage fees with a subpoena, and that the subpoena was invalid without such tender.
• Dorman v. Dist. OF Columbia
  888 F.2d 159· D.C. Cir.· 1989-10-27 ·cited 4×
  The court held that the evidence presented was insufficient to justify submitting the case to the jury, as the District's training policies did not amount to deliberate indifference to the rights of persons in custody.
• Thomas v. Smith
  897 F.2d 154· 5th Cir.· 1989-10-13 ·cited 4×
  A teacher's reassignment to different duties and schools, without loss of employment or significant status change, does not deprive them of a constitutionally protected property or liberty interest under the Fourteenth Amendment.
• Carver v. Knox Cnty.
  887 F.2d 1287· 6th Cir.· 1989-10-06 ·cited 4×
  The court held that claims against state defendants should be severed and transferred to the Middle District of Tennessee for consolidation with ongoing statewide litigation, while claims against county defendants should be remanded for redetermination under proper standards.
• Radich v. Goode
  886 F.2d 1391· 3d Cir.· 1989-10-06 ·cited 4×
  The court held that the appellants adequately preserved their objection that summary judgment was entered prematurely, but agreed with the majority that the district court's judgment should be affirmed on the merits.
• Edwards v. Johnston Cnty. Health Dep't
  885 F.2d 1215· 4th Cir.· 1989-09-20 ·cited 4×
  The court held that the issuance of permits for substandard migrant housing did not violate substantive or procedural due process rights, nor did it violate the Fair Housing Act due to a lack of discriminatory intent or disparate impact.
• E-Z Mart Stores, Inc. v. Kirksey
  885 F.2d 476· 8th Cir.· 1989-09-19 ·cited 4×
  The court held that the officers' entitlement to qualified immunity hinges on whether their superior officer informed them that the beverage in question was legal.
• Benavides v. Santos
  883 F.2d 385· 5th Cir.· 1989-09-18 ·cited 4×
  The court held that the plaintiffs, as jail detention officers injured by inmates, do not have a 42 U.S.C. § 1983 claim against government officials for failure to prevent the escape, as this does not violate the Due Process Clause.
• Miller v. Emery Leathers
  885 F.2d 151· 4th Cir.· 1989-09-12 ·cited 4×
  The dissenting judge believes a genuine issue of material fact exists regarding the use of force, precluding summary judgment.
• Smith v. Erickson
  884 F.2d 1108· 8th Cir.· 1989-09-11 ·cited 4×
  The court held that the district court erred in dismissing the prisoner's claims for failure to state a claim, as the allegations regarding denial of access to courts and retaliation warranted further consideration.
• Burns v. Cnty. OF King
  883 F.2d 819· 9th Cir.· 1989-08-29 ·cited 4×
  State social workers providing affidavits for use in bond revocation proceedings are entitled to absolute immunity from liability under 42 U.S.C. § 1983.
• Pool v. Mo. Dep't OF Corr. & Human Res.
  883 F.2d 640· 8th Cir.· 1989-08-28 ·cited 4×
  The court held that the district court erred in dismissing the inmate's claim for inadequate staffing and protection under Count 1 as barred by res judicata, mootness, or frivolousness, and reversed the dismissal as to defendant Moore.
• Marks v. City OF Chesapeake
  883 F.2d 308· 4th Cir.· 1989-08-24 ·cited 4×
  The court held that the City Council's denial of a conditional use permit based on public religious objections, rather than legitimate zoning concerns, was arbitrary and capricious, violating due process.
• Van Johnson v. Bowers
  884 F.2d 1053· 8th Cir.· 1989-08-22 ·cited 4×
  The court affirmed the jury's denial of damages but remanded for the district court to rule on the prisoner's claim for injunctive relief regarding necessary surgery.
• Washington v. Bumgarner
  882 F.2d 899· 4th Cir.· 1989-08-22 ·cited 4×
  The court adheres to existing authority, barring the pro se prisoner's appeal on jurisdictional grounds due to a late filing.
• Bertold J. Pembaur, M.D. v. City OF Cincinnati
  882 F.2d 1101· 6th Cir.· 1989-08-18 ·cited 4×
  The court held that the trial judge's failure to adequately consider or explain findings regarding the plaintiff's stress-related injuries and business losses, and the lack of factual findings on causation, necessitated a remand for further proceedings.
• In re Clements
  881 F.2d 145· 5th Cir.· 1989-08-11 ·cited 4×
  Mandamus should issue to transfer the portion of the Alberti third-party complaint seeking to enjoin state officials to receive prisoners into TDC confinement to the judge presiding over the Ruiz case, to avoid conflicting decrees affecting the Texas prison system.
• Manhattan Beach Police Officers Ass'n, Inc. v. City OF Manhattan Beach
  881 F.2d 816· 9th Cir.· 1989-08-08 ·cited 4×
  The court held that the denial of qualified immunity summary judgment was appealable, and that the plaintiffs alleged a violation of clearly established First Amendment norms.
• Graham v. Davis
  880 F.2d 1414· D.C. Cir.· 1989-08-01 ·cited 4×
  The court held that an instruction preventing recovery if both parties used excessive force was erroneous, and that a claim for negligent training against a municipality requires alleging deliberate indifference.
• Temengil v. Tr. Territory OF the Pac. Islands
  881 F.2d 647· 9th Cir.· 1989-07-28 ·cited 4×
  The court held that it lacked jurisdiction to hear claims against the Trust Territory because they were essentially suits against the United States, and no waiver of sovereign immunity was found.
• Lynch v. City OF Alhambra
  880 F.2d 1122· 9th Cir.· 1989-07-26 ·cited 4×
  A release-dismissal agreement is enforceable if voluntarily entered into and its enforcement is in the public interest, and the district court erred by dismissing the action solely for failure to allege prosecutorial misconduct.
• Gayla McKEE v. City OF Rockwall
  877 F.2d 409· 5th Cir.· 1989-07-19 ·cited 4×
  The court held that a plaintiff must present evidence of a discriminatory policy, not just a dislike for certain actions, to survive a summary judgment motion in a § 1983 claim alleging a violation of the Equal Protection Clause. The court also held that it lacks jurisdiction for
• Greene v. Town OF Blooming Grove
  879 F.2d 1061· 2d Cir.· 1989-07-17 ·cited 4×
  The court held that the R-80 zoning classification was rationally related to legitimate state interests and affirmed its dismissal, but reversed and remanded the nonconforming use claim due to disputed material facts regarding its scope.
• Cleveland v. Berkson
  878 F.2d 1034· 7th Cir.· 1989-07-12 ·cited 4×
  The pendency of Rule 11 sanctions motions does not render a final judgment on the merits nonfinal for appeal purposes. The district court's dismissal based on statutes of limitations was correct.
• Lowrance v. Pflueger
  878 F.2d 1014· 7th Cir.· 1989-07-10 ·cited 4×·via 42 U.S.C. § 1983 Action
  Law enforcement officers are entitled to qualified immunity when they have an objectively reasonable belief that probable cause exists for an arrest, even if the arrest warrant is later found defective.
• Knight v. Armontrout
  878 F.2d 1093· 8th Cir.· 1989-06-30 ·cited 4×
  The court held that while prison regulations created a protectible liberty interest, the inmates received adequate due process and their Eighth Amendment rights were not violated by the conditions of their extended confinement.
• Green v. Baron
  879 F.2d 305· 8th Cir.· 1989-06-28 ·cited 4×
  The court held that the Special Treatment Program (STP) did not constitute punishment as a matter of law, and therefore, the district court erred in granting judgment notwithstanding the verdict.
• Tanner v. Heise
  879 F.2d 572· 9th Cir.· 1989-06-27 ·cited 4×
  The arresting officers complied with state law and did not conspire to violate Tanner's constitutional rights by arresting him.
• Wayman L. Prince v. Poulos
  876 F.2d 30· 5th Cir.· 1989-06-22 ·cited 4×
  The court held that the district court did not abuse its discretion in dismissing the complaint with prejudice as a sanction for discovery abuse, and that the awards of attorney's fees and costs were proper.
• Linden W. Shipman v. Mo. Dep't OF Fam. Servs.
  877 F.2d 678· 8th Cir.· 1989-06-12 ·cited 4×
  The court held that the plaintiff's claims regarding the 1982 enactments were moot, he lacked standing to challenge the 1984 enactments, and he failed to establish a causal connection for attorney fees.
• Hoffmeister v. Coler
  544 So. 2d 1067· Fla. 4th DCA· 1989-06-07 ·cited 4×
  A party is considered 'prevailing' for attorney's fees under 42 U.S.C. § 1988 if they succeed on any significant issue that achieves some of the benefit sought, even if not the primary relief.
• Felipa Monreal Rodriguez v. Handy
  873 F.2d 814· 5th Cir.· 1989-05-26 ·cited 4×
  A judgment against the United States under the FTCA bars any action against the government employee whose conduct gave rise to the claim, and attorney's fees and costs against the employees must also be vacated.
• Allen v. Carroll R. Lowder
  875 F.2d 82· 4th Cir.· 1989-05-23 ·cited 4×
  The court held that supervisory officials Johnson and Rice were entitled to qualified immunity and reversed the denial of their summary judgment motion, while Lowder was not entitled to absolute immunity and the denial of his motion was affirmed.
• Farley v. Henderson
  883 F.2d 709· 9th Cir.· 1989-05-17 ·cited 4×
  The court held that the arrest of a psychic surgeon did not violate appellants' First Amendment free exercise rights because they failed to present evidence of a conspiracy to deprive them of those rights.
• Sterling v. Calvin
  874 F.2d 571· 8th Cir.· 1989-05-11 ·cited 4×
  The court held that plaintiffs failed to show a substantial likelihood that past illegal conduct would recur, and adequate state remedies exist, thus precluding injunctive relief.
• Traverso v. Carleton Penn
  874 F.2d 209· 4th Cir.· 1989-05-10 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the district court's res judicata determination was erroneous because the state conviction was overturned, and that the § 1983 action should be stayed pending the outcome of a new state prosecution under abstention principles.
• Gus W. Zielasko and Nancy Bowman v. The State OF Ohio
  873 F.2d 957· 6th Cir.· 1989-05-03 ·cited 4×
  The court held that section 6(C) places an impermissible burden on a voter's First Amendment right to support a qualified candidate of her choice.
• Chaloux v. Vaughn Killeen
  873 F.2d 1274· 9th Cir.· 1989-05-01 ·cited 4×
  County sheriffs are not liable under 42 U.S.C. § 1983 for enforcing state garnishment statutes, as they acted ministerially without final policymaking authority.