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

• Moore v. Clarke
  821 F.2d 518· 8th Cir.· 1987-06-26 ·cited 4×
• Prince Lewis, Jr. v. E. Feliciana Parish Sch. Bd.
  820 F.2d 143· 5th Cir.· 1987-06-26 ·cited 4×
  The court held that the plaintiff's federal due process claim under 42 U.S.C. § 1983 was barred by res judicata, as it had been litigated and decided by Louisiana state courts.
• Childs v. Pellegrin
  822 F.2d 1382· 6th Cir.· 1987-06-24 ·cited 4×
  The court held that a material issue of fact exists regarding whether the prisoner was arbitrarily deprived of a liberty interest by the warden's failure to transfer him after he was cleared of allegations supporting his initial placement in administrative segregation.
• Martinez v. Curt Staudt and Darrin White
  831 F.2d 926· 10th Cir.· 1987-06-24 ·cited 4×
  The court held that the district court lacked jurisdiction to refer a prisoner's section 1983 action to a magistrate for trial without the parties' consent, absent specific statutory authorization.
• Hogan v. City OF Houston
  819 F.2d 604· 5th Cir.· 1987-06-22 ·cited 4×
  The court held that the district court properly dismissed the complaint for failure to state a claim upon which relief can be granted.
• Oliver v. Fort Wayne Educ. Ass'n, Inc.
  820 F.2d 913· 7th Cir.· 1987-06-09 ·cited 4×
  The court held that the district court did not abuse its discretion in abstaining from exercising jurisdiction over the federal lawsuit, affirming the stay of proceedings.
• Monroe v. City OF Woodville
  819 F.2d 507· 5th Cir.· 1987-06-05 ·cited 4×
  The court held that a concession of a Voting Rights Act violation is inconsistent with an argument that the district is already a 'safe' black district, and that a genuine issue of material fact exists regarding whether the district is safe.
• Buckhalter v. Pepsi-Cola Gen. Bottlers, Inc.
  820 F.2d 892· 7th Cir.· 1987-05-29 ·cited 4×
  Administrative findings preclude relitigation of civil rights claims under § 1981 if the agency acted judicially, resolved disputed facts, and provided an adequate opportunity to litigate, but Title VII claims are entitled to a trial de novo.
• Thornton v. Jennings
  819 F.2d 153· 6th Cir.· 1987-05-28 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court erred by not conducting a de novo review of the magistrate's report and recommendations when the magistrate was not appointed as a special master with the parties' consent.
• Wright v. Cayan
  817 F.2d 999· 2d Cir.· 1987-05-04 ·cited 4×
  The dissenting judge argued that a statement in an employment letter specifying service 'at the pleasure of the supervisor for the first two years' constitutes an express limitation on the employer's right to terminate, thus precluding summary judgment.
• Yevgen Fromer v. Scully
  817 F.2d 227· 2d Cir.· 1987-04-24 ·cited 4×
  The court held that the district court correctly applied the appropriate legal standard and did not err in finding the prison's beard policy unconstitutional as applied to an inmate whose sincere religious beliefs prohibited him from shaving or trimming his beard.
• Underwood v. Dist. of Columbia Armory Bd.
  816 F.2d 769· D.C. Cir.· 1987-04-24 ·cited 4×
  The court held that the district court erred in finding the plaintiff was not adversely affected by the racially motivated appointment of an acting armory manager, remanding that specific claim for further findings. All other discrimination and retaliation claims were affirmed.
• Grusendorf v. City OF Okla. City
  816 F.2d 539· 10th Cir.· 1987-04-17 ·cited 4×
  The court held that the non-smoking regulation for firefighter trainees was rationally related to the promotion of health and safety and thus valid, and affirmed the district court's award of attorney's fees.
• Hunt v. Robeson Cnty. Dep't OF Soc. Servs.
  816 F.2d 150· 4th Cir.· 1987-04-10 ·cited 4×
  The court held that plaintiffs failed to exhaust administrative remedies under LIHEA and that LIHEA does not create enforceable rights under 42 U.S.C. § 1983.
• Dugan v. Ball State Univ.
  815 F.2d 1132· 7th Cir.· 1987-04-06 ·cited 4×
  The court held that the plaintiff's Title VII claim for promotion denial was time-barred and that her § 1983 claim, while not time-barred, failed on the merits, as did her claims for salary increase denial and unequal pay.
• Majorie Rubek v. Barnhart
  814 F.2d 1283· 8th Cir.· 1987-04-03 ·cited 4×
  The court held that supervisors cannot be held liable under § 1983 if the subordinate's conduct did not amount to a constitutional violation.
• Espinoza v. Wilson
  814 F.2d 1093· 6th Cir.· 1987-03-27 ·cited 4×
  Prison officials are accorded wide-ranging deference in security decisions, and withholding publications that advocate homosexuality is permissible if reasonably related to a legitimate penological interest and no greater than necessary.
• The Mihalek Corp. & Lawrence Patrick Mihalek v. The State OF Mich.
  814 F.2d 290· 6th Cir.· 1987-03-18 ·cited 4×
  The court held that there was no substantial similarity between the plaintiff's copyrighted materials and the state's advertising campaign, thus no copyright infringement or Lanham Act violation occurred.
• Donlin v. Watkins
  814 F.2d 273· 6th Cir.· 1987-03-18 ·cited 4×
  The court held that summary judgment was properly granted because the plaintiff failed to demonstrate disputed material facts regarding his constitutional claims, and the court lacked jurisdiction to review the denial of the Rule 60(b) motion due to an untimely notice of appeal.
• SAN Francisco Police Officers' Ass'n v. City & Cnty. OF SAN Francisco
  812 F.2d 1125· 9th Cir.· 1987-03-12 ·cited 4×
  Rescoring promotion examinations after results were known, to achieve specific racial and gender outcomes, violates Title VII and unlawfully trammels the interests of nonminority candidates.
• Czura v. Supreme Court OF S.C. as Comm. on Rules of Admission to Practice of Law in the State of S.C.
  813 F.2d 644· 4th Cir.· 1987-03-11 ·cited 4×
  The district court correctly dismissed the action because federal courts lack jurisdiction to review state court disciplinary proceedings, and the plaintiff's claim was inextricably intertwined with the state court's disbarment order.
• Citizens FOR AN Orderly Energy Policy, Inc. v. Sheehan
  813 F.2d 570· 2d Cir.· 1987-03-09 ·cited 4×
  The court held that the district court's decision was not based on an erroneous assumption that LILCO would receive an operating license, but rather on the fact that Suffolk's resolutions did not prevent LILCO from applying.
• Crook v. Deane Baker
  813 F.2d 88· 6th Cir.· 1987-03-05 ·cited 4×
  The Regents of the University of Michigan had the authority under Michigan law to revoke a degree obtained by fraud, and the procedures followed comported with due process requirements.
• Brock v. The Watergate Mobile Home Park Ass'n, Inc.
  502 So. 2d 1380· Fla. 4th DCA· 1987-03-04 ·cited 4×
  Residents of a mobile home park sued their homeowners' association under 42 U.S.C. § 1983, claiming the association's actions violated their civil rights. The court affirmed dismissal, holding that the association's activities do not constitute state action because the associatio
• Rios v. Lane
  812 F.2d 1032· 7th Cir.· 1987-02-13 ·cited 4×
  The court held that the disciplinary rule as applied to the inmate was unconstitutionally vague, violating his due process rights, and that prison officials were not entitled to qualified immunity.
• Shy Cason v. Cook
  810 F.2d 188· 8th Cir.· 1987-01-28 ·cited 4×
  The court held that the reasonableness standard for student searches applies even when a police liaison officer is present, provided the school official initiates and conducts the investigation.
• Emmett Dean Robinson v. The City OF Montgomery City
  809 F.2d 1355· 8th Cir.· 1987-01-27 ·cited 4×
  The court held that the plaintiff's dismissal did not deprive him of liberty or property without due process because the ordinance creating a property interest was invalid under state law and the press release was not stigmatizing enough to implicate a liberty interest.
• Brown v. Foley
  810 F.2d 55· 3d Cir.· 1987-01-26 ·cited 4×
  The court held that the rule established in Wilson v. Garcia, requiring application of state personal injury statutes of limitations to § 1983 claims, should not be applied retroactively in this case.
• Mo. Nat'l Educ. Ass'n v. NEW Madrid Cnty. R-1 Enlarged Sch. Dist.
  810 F.2d 164· 8th Cir.· 1987-01-22 ·cited 4×
  The court held that the district court improperly denied access to personnel files and excluded evidence of anti-NEA animus, and that the NEA has independent First Amendment rights.
• Lopez v. Current Dir. OF Tex. Econ. Dev. Comm'n
  807 F.2d 430· 5th Cir.· 1987-01-08 ·cited 4×
  The court held that the district court's findings of fact and conclusions of law regarding the plaintiff's discriminatory discharge claim lacked the required specificity for effective appellate review.
• Travis v. Norris
  805 F.2d 806· 8th Cir.· 1986-11-18 ·cited 4×
  The court held that the booklet 'Gorilla Law' could not be prohibited by prison officials as it did not pose a security risk or frustrate rehabilitation goals.
• Franco v. Moreland
  805 F.2d 798· 8th Cir.· 1986-11-18 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the St. Louis County Jail Directive 301 created a protectible liberty interest, and the jury instructions failed to adequately inform the jury of the procedural due process requirements for placing an inmate in administrative segregation.
• Dean v. Coughlin
  804 F.2d 207· 2d Cir.· 1986-10-28 ·cited 4×
  The court held that the district court abused its discretion by imposing its own detailed plan for prison dental care without sufficient deference to the state's proposed plan.
• Giano v. Flood
  803 F.2d 769· 2d Cir.· 1986-10-20 ·cited 4×
  A prior judgment in a New York State Article 78 proceeding does not preclude a subsequent 42 U.S.C. § 1983 civil rights claim for damages.
• Bauer v. Freeman Bosley, Jr.
  802 F.2d 1058· 8th Cir.· 1986-10-08 ·cited 4×
  The court held that the jury's finding that political affiliation was a motivating factor in the employee's dismissal was sufficient to establish a violation of constitutional rights, and that qualified immunity did not apply.
• Kali v. Otis R. Bowen, M.D.
  800 F.2d 971· 9th Cir.· 1986-09-26 ·cited 4×
  The court held that federal and state regulations construing 42 U.S.C. § 602(a)(39) to apply to all eighteen-year-old parents, regardless of school attendance, exceeded the statute's scope and intent.
• Minority Police Officers Ass'n OF S. Bend v. City OF S. Bend
  801 F.2d 964· 7th Cir.· 1986-09-18 ·cited 4×
  The court affirmed the district court's decision, holding that the plaintiffs failed to prove racial discrimination in the police department's promotion policies under the Fourteenth Amendment, Section 1981, or Title VII.
• Jordan v. Multnomah Cnty.
  799 F.2d 1262· 9th Cir.· 1986-09-11 ·cited 4×
  The court held that the district court abused its discretion by failing to make adequate findings to support its reduced attorney fee award and by denying a multiplier without proper justification. The denial of a multiplier was affirmed.
• Leggett v. Badger
  798 F.2d 1387· 11th Cir.· 1986-09-09 ·cited 4×
  The district court correctly declined to enforce a prior mandate because intervening controlling authority (Kentucky v. Graham) dictated a contrary result, falling under a narrow exception to the law of the case doctrine.
• Quincy West v. Atkins
  799 F.2d 923· 4th Cir.· 1986-09-03 ·cited 4×
  The court held that summary judgment for the doctor and prison director was premature, requiring a determination of deliberate indifference to serious medical needs before addressing the state action issue. Summary judgment for the Governor was affirmed.
• Roy P. Boucvalt, M.D. v. Bd. OF Comm'rs OF Hosp. Serv. Dist. NO. 1
  798 F.2d 722· 5th Cir.· 1986-08-27 ·cited 4×
• City OF Riviera Beach v. Fitzgerald
  492 So. 2d 1382· Fla. 4th DCA· 1986-08-27 ·cited 4×
  Police Lieutenant Fitzgerald sued the City of Riviera Beach and Police Chief Darden under 42 U.S.C. § 1983 for failing to promote him to captain despite being the only qualified candidate on a certified eligibility list. The court affirmed the jury verdict awarding compensatory d
• Raye Howe v. H.G. Baker
  796 F.2d 1355· 11th Cir.· 1986-08-14 ·cited 4×
  Government officials are shielded by qualified immunity from civil damages if their conduct does not violate clearly established statutory or constitutional rights. The court found that the rights Howe claimed were not clearly established at the time of the alleged violations.
• Mazanec v. N. Judson-San Pierre Sch. Corp.
  798 F.2d 230· 7th Cir.· 1986-08-12 ·cited 4×
  The court held that the plaintiffs' claims for injunctive and declaratory relief were moot, that no wrongdoing precluded monetary awards against the school corporation and its superintendent, and that the plaintiffs were not prevailing parties entitled to attorney's fees under 42
• Eling v. Jones
  797 F.2d 697· 8th Cir.· 1986-08-08 ·cited 4×
  The court held that a public defender's refusal to furnish free copies of transcripts to indigent defendants does not constitute action taken "under color of state law" for purposes of a § 1983 claim.
• Stevens v. Corbell
  798 F.2d 120· 5th Cir.· 1986-08-08 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court granted the motion for a stay pending appeal, finding that the denial of qualified immunity turned on an issue of law and was therefore immediately appealable.
• Sosebee v. Murphy
  797 F.2d 179· 4th Cir.· 1986-08-05 ·cited 4×
  The court held that the correctional officers and medical personnel did not show deliberate indifference to the prisoner's medical needs, thus no constitutional deprivation occurred.
• D.C. and M.S. v. The City OF ST. Louis
  795 F.2d 652· 8th Cir.· 1986-07-09 ·cited 4×
  The court held that the 'indecent or lewd act of behavior' provision of the ordinance is unconstitutionally vague and reversed the district court's denial of nominal damages.
• SAN Francisco Cnty. Democratic Cent. Comm. v. March Fong EU
  792 F.2d 802· 9th Cir.· 1986-06-18 ·cited 4×
  California's Elections Code provisions that dictate the membership of state central committees, the term of office for committee chairs, and prohibit preprimary endorsements by central committees violate the First Amendment rights of political parties to freedom of association an
• Waggoner v. Mosti
  792 F.2d 595· 6th Cir.· 1986-06-12 ·cited 4×
  The court held that the jury's answers to special interrogatories were not irreconcilably inconsistent and affirmed the trial court's denial of a new trial. The court also affirmed the award of attorney fees.