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

• 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.
• Keller v. Petsock
  849 F.2d 839· 3d Cir.· 1988-06-23 ·cited 4×
  The court held that it lacked jurisdiction over both appeals because the first appeal was improperly sent to the circuit court and the second appeal was untimely filed with the district court.
• Cobb v. Stringer
  850 F.2d 356· 8th Cir.· 1988-06-21 ·cited 4×
  The court held that the plaintiff's initial EEOC charge, liberally construed, provided notice of discriminatory hiring practices that could reasonably lead to an investigation of the rehiring of a male assistant principal, and that a material issue of fact existed regarding wheth
• Gonzalez v. Pub. Health Tr.
  686 F. Supp. 898· S.D. Fla.· 1988-06-17 ·cited 4×
  The court held that Title VII is not the exclusive remedy for claims brought under 42 U.S.C. § 1981, and that a municipality cannot be held liable under § 1981 or § 1983 without proof of a discriminatory custom or policy.
• Ollie v. Riggin
  848 F.2d 1016· 9th Cir.· 1988-06-13 ·cited 4×
  The court held that the federal action should be stayed pending the final disposition of the state court action because the state law on the res judicata effect of a vacated judgment pending appeal is unclear.
• Simmons v. Sheriff Wayne McELVEEN
  846 F.2d 337· 5th Cir.· 1988-06-08 ·cited 4×
  The court held that the defendants' conduct, while potentially negligent, did not rise to the level of a constitutional violation actionable under 42 U.S.C. § 1983.
• Ruiz-Roche v. Lausell
  848 F.2d 5· 1st Cir.· 1988-05-27 ·cited 4×
  The court held that the plaintiff's discharge did not violate the Due Process Clause because he did not possess a property interest in his employment under Puerto Rico law.
• Graham v. Correctional Sergeant Lewinski
  848 F.2d 342· 2d Cir.· 1988-05-25 ·cited 4×
  The court held that summary judgment was improperly granted against a pro se prisoner without explicit notice of the requirements of the summary judgment rule.
• Kennedy v. Moe LeFEBVRE
  847 F.2d 482· 8th Cir.· 1988-05-25 ·cited 4×
  The court held that the denial of a motion to reargue a previously denied motion for summary judgment, based on intervening case law, is an appealable order. The court further held that the officers were not entitled to qualified immunity.
• Est. OF Marilyn Marie Conners v. O'Connor
  846 F.2d 1205· 9th Cir.· 1988-05-17 ·cited 4×
  The court held that the trial court correctly denied summary judgment based on qualified immunity because the plaintiff presented sufficient evidence of a substantial departure from accepted professional judgment regarding patient safety, which could violate clearly established l
• Facteau v. Sullivan
  843 F.2d 1318· 10th Cir.· 1988-04-08 ·cited 4×
  The court held that the district court's order dismissing the plaintiff's civil rights suit and referring it to a special master in an ongoing class action was not a final, appealable order.
• Dixon v. Pitchford
  843 F.2d 268· 7th Cir.· 1988-04-07 ·cited 4×
  A district court cannot grant leave to proceed on appeal without prepayment of costs for some claims in a case while denying it for others; the 'case' is the unit for such decisions.
• Hewlett v. Davis
  844 F.2d 109· 3d Cir.· 1988-04-06 ·cited 4×
  The court held that monetary sanctions were appropriate for discovery violations, dismissal for failure to prosecute was justified, and post-verdict discovery was permissible, but the district court erred in remanding a motion to state court instead of hearing it.
• Bacon v. City OF LOS Angeles
  843 F.2d 372· 9th Cir.· 1988-03-31 ·cited 4×
  The court should reverse the decision because federal policy supports equitable tolling for civil rights claims, allowing plaintiffs a choice of forums.
• Petrella v. Siegel
  843 F.2d 87· 2d Cir.· 1988-03-28 ·cited 4×
  A governmental employee's claim of wrongful termination without due process, even if hinging on a state contract law issue like whether a resignation occurred, states a federal due process claim under 42 U.S.C. § 1983.
• Gutierrez v. Coughlin
  841 F.2d 484· 2d Cir.· 1988-03-10 ·cited 4×
  The court held that a state Article 78 proceeding order does not have preclusive effect in a federal § 1983 action for due process violations because damages for civil rights violations cannot be recovered in Article 78 proceedings.
• Percy v. SAN Francisco Gen. Hosp.
  841 F.2d 975· 9th Cir.· 1988-03-10 ·cited 4×
  The court held that a claim for denial of due process in a Civil Service Commission hearing does not relate back to an original complaint alleging racial discrimination in termination under Title VII, as they arise from different conduct and transactions.
• RAY v. City OF Leeds
  837 F.2d 1542· 11th Cir.· 1988-02-25 ·cited 4×
  A public employee holding a policymaking position can be discharged for political reasons, as party affiliation may be an appropriate requirement for effective performance.
• W.D.D., Inc. v. Thornbury Twp.
  839 F.2d 151· 3d Cir.· 1988-02-08 ·cited 4×
  The court held that Thornbury Township's appeal of the denial of summary judgment is dismissed for lack of appellate jurisdiction, while Supervisor Copeland's appeal is reversed because WDD failed to allege a violation of a clearly established right, entitling Copeland to qualifi
• FOX v. Strickland
  837 F.2d 507· D.C. Cir.· 1988-01-22 ·cited 4×
  The court held that a pro se prisoner must be given adequate notice of the requirements of the summary judgment rule, including the risks of failing to respond, before a case can be dismissed on that basis.
• James v. Warden Alfred and Lieutenant Gilmore
  835 F.2d 605· 5th Cir.· 1988-01-14 ·cited 4×·via § 1983 Suit
  The court held that the district court did not err in dismissing the pro se § 1983 suit as frivolous under 28 U.S.C. § 1915(d).
• Giarratano v. Murray
  836 F.2d 1421· 4th Cir.· 1988-01-04 ·cited 4×
  The court held that Virginia's provision of an adequate law library and institutional attorneys satisfies the constitutional right to meaningful access to the courts for death row inmates, and there is no constitutional right to appointed counsel for state post-conviction proceed
• Gunkel v. City OF Emporia
  835 F.2d 1302· 10th Cir.· 1987-12-29 ·cited 4×
  A building permit issued in violation of city ordinances or based on incorrect information confers no property right under Kansas law, and thus its revocation does not violate federal due process rights under 42 U.S.C. § 1983.
• Derks v. Dugger
  835 F.2d 778· 11th Cir.· 1987-12-18 ·cited 4×
  The court held that the appellant's premature notice of appeal was effective due to unique circumstances where the district court misled him into believing it was valid.
• Filipas v. Addie Lee Lemons
  835 F.2d 1145· 6th Cir.· 1987-12-16 ·cited 4×
  The court held that the district court properly denied the plaintiffs' request for pauper status and refused to file their complaint, and that the appeal is frivolous.
• Stephany v. Wagner
  835 F.2d 497· 3d Cir.· 1987-12-15 ·cited 4×
  The court held that the prison's administrative segregation rule created a state law expectation triggering federal procedural due process protections, and summary judgment was therefore error.
• Jones v. Smith
  835 F.2d 175· 8th Cir.· 1987-12-09 ·cited 4×
  A prisoner's claim for restoration of good-time credits is a habeas corpus claim requiring exhaustion of state remedies, but a claim for monetary damages under section 1983 should be stayed, not dismissed, pending exhaustion.
• Lane v. J.H. Griffin
  834 F.2d 403· 4th Cir.· 1987-12-03 ·cited 4×
  The court held that the district court erred by instructing the jury to apply a "least-restrictive alternative" standard rather than the "reasonably related to legitimate penological interests" standard for prison restrictions impacting inmate rights. The court also found that ce
• Doyle J. Williams v. Honorable Ronald R. McKENZIE
  834 F.2d 152· 8th Cir.· 1987-12-02 ·cited 4×
  The court held that a state trial judge has discretion to deny a motion to proceed in forma pauperis if the lawsuit is frivolous, malicious, or duplicative, and this discretion does not violate a plaintiff's constitutional right of access to the courts.
• Citizen's Ass'n OF Portland v. Int'l Raceways, Inc.
  833 F.2d 760· 9th Cir.· 1987-12-01 ·cited 4×
  The court held that plaintiffs failed to state a claim under 42 U.S.C. § 1983 for constitutional violations related to noise from a racetrack, and that neither party was entitled to attorney fees under 42 U.S.C. § 1988.
• Leahy v. Dist. of Columbia
  833 F.2d 1046· D.C. Cir.· 1987-12-01 ·cited 4×
  The court held that the District of Columbia's requirement of a Social Security number for a driver's license, when challenged on First Amendment free exercise grounds, must be justified by the compelling state interest test, and the District failed to meet this standard on the c
• Schultz v. Thomas
  832 F.2d 108· 7th Cir.· 1987-10-27 ·cited 4×
  The admission of a state trial judge's testimony and decision regarding witness credibility in a subsequent federal civil rights trial constitutes an abuse of discretion and reversible error.
• Pressly v. H.H. Gregory
  831 F.2d 514· 4th Cir.· 1987-10-21 ·cited 4×
  The court held that magistrates are immune from suit for judicial acts and that a § 1983 claim challenging incarceration is a habeas petition requiring dismissal for lack of jurisdiction over the custodian.
• Sarus v. Benny Rotundo
  831 F.2d 397· 2d Cir.· 1987-10-15 ·cited 4×
  The court held that the plaintiffs failed to present sufficient evidence to infer an actionable municipal policy, making it error to deny the defendants' motions for directed verdicts and judgments n.o.v.
• Oltarzewski v. Ruggiero
  830 F.2d 136· 9th Cir.· 1987-10-14 ·cited 4×
  The court held that a prisoner's unsubstantiated allegations and claims of verbal harassment are insufficient to overcome a properly supported motion for summary judgment regarding claims of retaliation and denial of access to the courts.
• Giancola v. State OF W. Va. Dep't OF Pub. Safety
  830 F.2d 547· 4th Cir.· 1987-10-07 ·cited 4×
  The court held that the helicopter surveillance and subsequent search of the plaintiffs' property did not violate the Fourth Amendment, and thus affirmed the district court's grant of summary judgment.
• Denke v. S.D. Dep't OF Soc. Servs.
  829 F.2d 688· 8th Cir.· 1987-09-29 ·cited 4×
  A suit against a state agency is barred by the Eleventh Amendment if no individual officer is joined, even if prospective relief is sought.
• Webb v. McCULLOUGH
  828 F.2d 1151· 6th Cir.· 1987-09-17 ·cited 4×
  The court held that the searches of the student's hotel room were permissible under the in loco parentis doctrine, but the alleged physical assault by the principal may violate substantive due process rights, requiring further proceedings.
• Bailey v. Shillinger
  828 F.2d 651· 10th Cir.· 1987-09-08 ·cited 4×
  The court held that classifying a prisoner into administrative segregation for safety reasons does not violate due process or the Eighth Amendment, and denial of discovery is proper when the claim fails as a matter of law.
• Mahfouz v. A.L. Lockhart
  826 F.2d 791· 8th Cir.· 1987-08-25 ·cited 4×
  The court held that Arkansas statutes and regulations do not create a protected liberty interest in participation in a work release program, and the exclusion of sex offenders is rationally related to a legitimate government purpose.
• Dautremont v. Broadlawns Hosp.
  827 F.2d 291· 8th Cir.· 1987-08-20 ·cited 4×
  The court held that while the district court erred in applying the six-month statute of limitations, the plaintiff's claims for the first hospitalization are time-barred by the two-year statute, and claims for the second and third hospitalizations do not present a due process vio
• Sahagian v. Dickey
  827 F.2d 90· 7th Cir.· 1987-08-14 ·cited 4×
  The court held that a state is not constitutionally required to provide legal materials for discretionary appeals, but reversed the denial of damages for denial of access at Marion, remanding for further proceedings.
• Wicker v. Bd. OF Educ. OF Knott Cnty.
  826 F.2d 442· 6th Cir.· 1987-08-14 ·cited 4×
  A federal court plaintiff who properly reserves federal issues before state court abstention can return to federal court, even if they initially filed in state court, but state court findings on issues actually and necessarily litigated may have preclusive effect.
• Ouzts v. Sgt. D. Cummins
  825 F.2d 1276· 8th Cir.· 1987-08-13 ·cited 4×
  The court held that a prisoner's pro se complaint alleging a beating by correction officers and a warden's failure to respond to a grievance was properly dismissed.
• Kent Cnty. Sheriff's Ass'n v. Cnty. OF Kent
  826 F.2d 1485· 6th Cir.· 1987-08-13 ·cited 4×
  The court held that the district court erred in finding general sex discrimination by the Sheriff but did not err in finding specific discrimination against Musgrave. The court reversed the award of relief for general discrimination and the mandate for a written transfer policy,
• Donyell A. Marsh v. Barry
  824 F.2d 1139· D.C. Cir.· 1987-07-28 ·cited 4×
  The court held that summary judgment was improperly granted on the claim that prison overcrowding proximately caused a fire, as the fire might have been part of a foreseeable riot. However, summary judgment was affirmed regarding claims about officials' conduct during and after t
• Hake v. Gunter
  824 F.2d 610· 8th Cir.· 1987-07-15 ·cited 4×
  The court held that the district court erred in vacating the judgment regarding the inmate's liberty interest in continued participation in a work detail program, remanding for further proceedings. However, it affirmed the district court's decision regarding the inmate's communit
• John R. Tambone, M.D. v. Mem'l Hosp. FOR McHENRY Cnty., Inc.
  825 F.2d 1132· 2d Cir.· 1987-07-14 ·cited 4×
  The court held that Illinois did not actively supervise hospital peer review committees prior to 1983, thus the state action doctrine did not exempt defendants' conduct from federal antitrust laws.
• Merritt v. Faulkner
  823 F.2d 1150· 7th Cir.· 1987-07-13 ·cited 4×
  The court affirmed the appointment of counsel for a prisoner, even if the case is complex and the prisoner's claims are difficult to assess.
• Anderson v. Roberts
  823 F.2d 235· 8th Cir.· 1987-07-09 ·cited 4×
  The court held that the sheriff's discovery responses did not sufficiently demonstrate the absence of a genuine issue of material fact regarding his deliberate indifference in training and supervision, thus denying his motion for summary judgment based on qualified immunity.