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

• 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.
• Jennings v. Joshua Indep. Sch. Dist.
  877 F.2d 313· 5th Cir.· 1989-04-12 ·cited 4×
  The court held that school officials and dog handlers were not liable under § 1983 as they did not act under color of state law, and the police officer was entitled to qualified immunity. Sanctions against the plaintiff and his attorney were affirmed in part but remanded for reco
• Walmsley v. The City OF Philadelphia & Gregor Sambor & Kevin Tucker
  872 F.2d 546· 3d Cir.· 1989-04-12 ·cited 4×
  The court held that the plaintiff failed to meet the burden of proof to establish that the decedent's injuries were caused by police misconduct rather than a prior brawl.
• The Franklin Cnty. Sch. Bd. v. Page
  540 So. 2d 891· Fla. 1st DCA· 1989-03-23 ·cited 4×
  The court held that while damages were properly awarded under 42 U.S.C. § 1983, the attorney's fees were calculated using an improper state standard instead of the applicable federal standard.
• Llewellyn Douglas Green and Julie Green v. Elcy Inman
  539 So. 2d 614· Fla. 4th DCA· 1989-03-22 ·cited 4×
  Plaintiffs appealed a summary judgment dismissing their negligence and civil rights claims against the former Sheriff of Broward County following an assault by a cellmate while incarcerated. The court reversed in part, finding that while sovereign immunity bars claims regarding i
• Sullivan v. City OF Cleveland Heights
  869 F.2d 961· 6th Cir.· 1989-03-15 ·cited 4×
  The court held that the district court did not err in finding that the clothes-changing facilities afforded to the female hockey player were substantially equal to those provided for male players, thus affirming the dismissal of her gender discrimination suit.
• Moma Louise Armstrong v. T.O. Adams
  869 F.2d 410· 8th Cir.· 1989-03-08 ·cited 4×
  The court held that the former election officials lacked standing to appeal the settlement because they failed to demonstrate plain legal prejudice from their dismissal and the district court had jurisdiction to approve the settlement.
• Staton v. Maries Cnty.
  868 F.2d 996· 8th Cir.· 1989-02-28 ·cited 4×
  The court affirmed the district court's judgment, finding no clear error in its determination that the alleged sexual harassment was not pervasive enough to alter employment conditions and that the plaintiff's credibility was not established.
• Robinson v. The City OF Omaha
  866 F.2d 1042· 8th Cir.· 1989-01-31 ·cited 4×
  The court held that federal courts should abstain from deciding the case pending a state court's interpretation of the relevant state statute, as this interpretation could resolve the federal constitutional question.
• Ervin T. Valandingham, Jr. v. S.G. Bojorquez
  866 F.2d 1135· 9th Cir.· 1989-01-30 ·cited 4×
  The court held that the district court erred in granting summary judgment on the claims of retaliation for being labeled a 'snitch' and denial of legal materials, as genuine issues of material fact existed. However, the conspiracy claim was affirmed due to the plaintiff's failure
• Morgan v. Tice
  862 F.2d 1495· 11th Cir.· 1989-01-11 ·cited 4×
  The court held that the trial court erred in finding the Town liable under Section 1983 as the Town Manager's actions did not constitute official policy, and that the Town Manager was not liable under Section 1983 or for defamation as his actions were not taken under color of sta
• Specht v. Jensen
  863 F.2d 700· 10th Cir.· 1988-12-19 ·cited 4×
  The court affirmed the exclusion of a press release, the order to produce expert data, and the directed verdict for the City, but reversed and remanded for a new trial based on prior en banc rulings.
• Richard O.J. Mayberry v. Walters
  862 F.2d 1040· 3d Cir.· 1988-12-16 ·cited 4×
  The court held that an attorney has standing to seek fees under § 1988 as a surrogate for the client, and fees can be awarded for services rendered before trial termination. The court also affirmed the denial of new trial motions and costs.
• Wassum v. The City OF Bellaire
  861 F.2d 453· 5th Cir.· 1988-12-12 ·cited 4×
  A municipality's inadequate hiring policies, if not unconstitutional themselves, require proof of gross negligence or conscious indifference to public welfare to establish section 1983 liability.
• Manis v. Sterling
  862 F.2d 679· 8th Cir.· 1988-12-02 ·cited 4×
  The court held that the motion for an out-of-time appeal by two plaintiffs was denied due to untimeliness, and the dismissal of the third plaintiff's complaint was affirmed because he failed to plead conspiracy with sufficient specificity.
• S.H. and P.F. v. Edwards
  860 F.2d 1045· 11th Cir.· 1988-11-28 ·cited 4×
  The court affirmed the district court's judgment, holding that while plaintiffs have a procedural due process right to continued habilitation reviews under O.C.G.A. § 37-4-42, they do not have a substantive due process right to habilitation in a community setting.
• Arvinger v. Mayor & City Council OF Baltimore
  862 F.2d 75· 4th Cir.· 1988-11-23 ·cited 4×
  A public employee's statement made solely to further private interests, even if made during an official investigation, does not involve a matter of public concern and is not protected by the First Amendment.
• Mead Reinsurance v. Granite State Ins. Co.
  865 F.2d 992· 9th Cir.· 1988-11-23 ·cited 4×
  The court held that the underlying actions constituted two occurrences for insurance coverage purposes and that 'ultimate net loss' under Mead's policy does not include attorney fees and costs.
• Beddingfield v. City OF Pulaski
  861 F.2d 968· 6th Cir.· 1988-11-18 ·cited 4×
  The court held that the City's actions, at most, constituted simple negligence and did not rise to the level of deliberate indifference or a policy of inadequate training required for a § 1983 claim.
• Sherrial T. ST. Amant v. Bernard
  859 F.2d 379· 5th Cir.· 1988-11-08 ·cited 4×
  The court held that an attorney violated Rule 11 by filing a Rehabilitation Act claim without reasonable inquiry into its factual and legal basis, and that both the Rehabilitation Act and Section 1983 claims were filed for an improper purpose, warranting sanctions.
• Clark v. Brown
  861 F.2d 66· 4th Cir.· 1988-11-04 ·cited 4×
  A district attorney is entitled to qualified immunity when firing an assistant for political reasons if the law was not clearly established at the time of the discharge.
• Heath v. Chief A.J. Brown
  858 F.2d 1092· 5th Cir.· 1988-11-01 ·cited 4×
  The court held that the district court's finding that the plaintiffs' lawsuit was a substantial factor in the abandonment of an unconstitutional policy was not clearly erroneous.
• Spears v. W.E. Johnson
  859 F.2d 853· 11th Cir.· 1988-10-19 ·cited 4×
  A prisoner's individual damages claim is not barred by a pending class action seeking injunctive relief, even if the class action addresses similar conditions.
• Breazeale v. Larkin Smith
  857 F.2d 258· 5th Cir.· 1988-10-11 ·cited 4×
  A district court lacks the statutory or inherent authority to tax expenses not permitted by 28 U.S.C. § 1920 and § 1821 against a plaintiff or their attorney when the delay was not caused by their bad faith or willful abuse of process.
• Ballard v. Honorable Fad Wilson
  856 F.2d 1568· 5th Cir.· 1988-10-11 ·cited 4×
  Federal courts should abstain from enjoining or issuing declaratory judgments regarding pending state criminal proceedings under the Younger doctrine, but must retain jurisdiction over claims for monetary relief that cannot be redressed in state court.
• Stotts v. Memphis Fire Dep't
  858 F.2d 289· 6th Cir.· 1988-09-23 ·cited 4×
  The Court of Appeals erred by re-trying facts and disregarding the district court's findings of a pattern or practice of discrimination.
• Mitchell v. City OF Sapulpa
  857 F.2d 713· 10th Cir.· 1988-09-20 ·cited 4×
  The court held that the Supreme Court's decision in Tennessee v. Garner, which limited the use of deadly force against fleeing felons, should not be applied retroactively to the plaintiff's case. The court also found that the officer's actions did not constitute excessive force.
• Sattler v. Johnson
  857 F.2d 224· 4th Cir.· 1988-09-19 ·cited 4×
  The court held that the statute of limitations barred the plaintiff's claims for obstruction of justice under 42 U.S.C. § 1983, as the plaintiff had sufficient notice of the underlying conspiracy more than two years before filing suit.
• Bradley v. Colonial Mental Health & Retardation Servs. Bd.
  856 F.2d 703· 4th Cir.· 1988-09-19 ·cited 4×
  The court held that the Bradleys' due process rights were not violated because the employer's grievance procedure, established by an employee manual, provided sufficient procedural safeguards, and the Bradleys failed to demonstrate bias or an inability to confront their accusers.
• Osabutey v. Welch
  857 F.2d 220· 4th Cir.· 1988-09-16 ·cited 4×
  Police officers are entitled to qualified immunity when their actions, based on a reliable informant's tip corroborated by surveillance, are objectively legally reasonable, even if later found to be mistaken.
• Evans v. Detlefsen
  857 F.2d 330· 6th Cir.· 1988-09-15 ·cited 4×
  The court held that the district court erred in finding, as a matter of law, that the police officer lacked probable cause to arrest the plaintiff for crossing private property to avoid a traffic signal. The court reversed the jury's damage award on constitutional claims and rela
• Carey v. King
  856 F.2d 1439· 9th Cir.· 1988-09-15 ·cited 4×
  The court held that the district court did not abuse its discretion in dismissing a pro se plaintiff's action for failure to prosecute when mail was returned undeliverable and the plaintiff failed to update his address.
• Davis v. Chong M. PAK
  856 F.2d 648· 4th Cir.· 1988-09-13 ·cited 4×
  The court held that the plaintiff's due process claim was insubstantial, depriving the federal court of subject matter jurisdiction. Therefore, the dismissal of all claims is affirmed.
• B.J. Reid & Tex. RWR, Inc. v. Rolling Fork Pub. Util. Dist.
  854 F.2d 751· 5th Cir.· 1988-09-13 ·cited 4×
  The court held that the jury instructions contained reversible error by misapplying the rational basis test and the legislative model for equal protection claims against a quasi-legislative body. The court vacated the verdict and remanded for retrial.
• Thomas v. Bd. OF Exam'rs
  866 F.2d 225· 7th Cir.· 1988-09-12 ·cited 4×
  The court held that the plaintiff failed to state a claim for due process or equal protection violations because she had no property or liberty interest in a promotion and the differing procedures for applicants had a rational basis.
• Christoffersen v. Wash. State AIR Nat'l Guard
  855 F.2d 1437· 9th Cir.· 1988-08-31 ·cited 4×
  The court held that the appellants' claims challenging their nonretention in the Washington Air National Guard were non-reviewable by civilian courts due to the military non-interference doctrine and the Mindes test factors, and that the regulation under which they were discharge
• AGG v. Hon. Timothy M. Flanagan
  855 F.2d 336· 6th Cir.· 1988-08-25 ·cited 4×
  The dissenting judge would remand the case to the district court for consideration of claim preclusion, and would not reach the merits of the appeal.
• Fern Scoggins v. The Bd. OF Educ. OF the Nashville
  853 F.2d 1472· 8th Cir.· 1988-08-12 ·cited 4×
  The court affirmed the dismissal of individual discrimination claims and class claims of a discriminatory educational environment, but vacated and remanded the order requiring proportional hiring goals for further proceedings.
• Webb v. State OF Ala.
  850 F.2d 1518· 11th Cir.· 1988-08-02 ·cited 4×
  The court held that the plaintiff's section 1983 claims were not barred by res judicata or collateral estoppel because the state court proceedings, limited by common law certiorari, did not actually litigate or provide an opportunity to litigate the due process issues.
• Simpkins v. Sandwich Cmty. Hosp.
  854 F.2d 215· 7th Cir.· 1988-08-02 ·cited 4×
  The court held that the plaintiff failed to allege a deprivation of a constitutionally protected liberty or property interest, and thus could not establish a § 1983 claim for due process violations.
• Holland/Blue Streak v. Barthelemy
  849 F.2d 987· 5th Cir.· 1988-07-22 ·cited 4×
  The court held that the district court erred in dismissing the complaint for lack of subject-matter jurisdiction, as the complaint stated a claim arising under federal law.
• Est. OF Melvin Ritter v. Univ. OF Mich.
  851 F.2d 846· 6th Cir.· 1988-07-14 ·cited 4×
  The Board of Regents of the University of Michigan is a state agency entitled to Eleventh Amendment immunity, and it did not waive this immunity by removing the case to federal court or by failing to raise the defense earlier.
• Jackson v. Bair
  851 F.2d 714· 4th Cir.· 1988-07-13 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in granting summary judgment on the First Amendment claim because Jackson's speech concerned a matter of public concern and genuine issues of material fact remained regarding the balancing of interests and causation.
• Muhammed Hassan v. Fraccola
  851 F.2d 602· 2d Cir.· 1988-07-12 ·cited 4×
  A municipality's duty to defend a police officer under N.Y. Pub. Off. Law § 18(3)(a) is triggered by the allegations in the plaintiff's complaint, not by a subsequent factual determination by the municipality.
• Harley McLAIN v. Meier
  851 F.2d 1045· 8th Cir.· 1988-07-08 ·cited 4×
  The court held that while a voter has standing to challenge ballot access laws, North Dakota's laws were not unconstitutionally restrictive, but the district court erred in denying leave to amend regarding a claim about uncounted write-in votes.
• Pitts v. Turner & Boisseau, Chartered
  850 F.2d 650· 10th Cir.· 1988-07-05 ·cited 4×
  The court held that the plaintiff failed to state claims under RICO, 42 U.S.C. § 1985(2), and 42 U.S.C. § 1983, and that the dismissal of pendent state claims was proper due to lack of jurisdiction.
• W.D.D., Inc. v. Thornbury Twp.
  850 F.2d 170· 3d Cir.· 1988-06-28 ·cited 4×
  The court held that the denial of a motion for summary judgment is generally not appealable unless it involves a claim of immunity, and that an equally divided court results in dismissal of the appeal.
• Walker v. Wayne Cnty.
  850 F.2d 433· 8th Cir.· 1988-06-27 ·cited 4×
  The court held that the district court did not err in denying summary judgment based on qualified immunity, even though it considered inadmissible hearsay, because the defendants submitted the evidence without objection and the underlying information was likely admissible through
• McDonald v. Head Crim. Court Supervisor Officer
  850 F.2d 121· 2d Cir.· 1988-06-27 ·cited 4×
  The court held that a pro se litigant's wilful refusal to comply with a discovery order, even after warnings, justifies dismissal of their complaint.
• McGRUDER v. The Phillips Cnty. Election Comm'n
  850 F.2d 406· 8th Cir.· 1988-06-24 ·cited 4×
  The court held that the appellants failed to allege facts supporting a violation of federal voting rights under the Voting Rights Act or other federal statutes and constitutional provisions. The district court's dismissal of the complaint was affirmed.