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

• Healy v. Town of Pembroke Park
  643 F. Supp. 1208· S.D. Fla.· 1986-05-29 ·cited 4×
  The court held that individual defendants are immune from § 1983 liability due to absolute legislative immunity, but the Town is liable for violating plaintiffs' civil rights. The court granted partial summary judgment on liability for the plaintiffs against the Town and granted
• Dial v. Coler
  791 F.2d 78· 7th Cir.· 1986-05-15 ·cited 4×
  The Eleventh Amendment bars claims for notice and declaratory relief when there is no ongoing violation of federal law to enjoin, and the claims of the Vondran subclass are not ripe for review due to a lack of a concrete dispute about current state policy.
• The Dep't OF Corr. of the State of Fla. v. Hill
  490 So. 2d 118· Fla. 3d DCA· 1986-05-06 ·cited 4×
  The Florida Department of Corrections appealed a $750,000 jury verdict for false imprisonment awarded to Jesse Hill. The court affirmed the liability finding but reversed the damages award due to misleading jury instructions that confused the jury about comparative negligence, wh
• Wilson v. Lt. Clifton Lambert and Sgt. W.F. Straughn
  789 F.2d 656· 8th Cir.· 1986-05-02 ·cited 4×
  The court held that the district court's findings of fact were not clearly erroneous and affirmed the judgment awarding damages to the inmate.
• Vernon Beigay, Inc. v. Traxler
  790 F.2d 1088· 4th Cir.· 1986-04-28 ·cited 4×
  The court held that while most of South Carolina's obscenity statutes comply with Miller guidelines, sections 16-15-280(1) and (4) are unconstitutionally overbroad. The court also affirmed the dismissal of the § 1983 claim.
• Akbar v. Fairman
  788 F.2d 1273· 7th Cir.· 1986-04-22 ·cited 4×
  The Seventh Circuit affirmed the district court's denial of compensatory damages for procedural due process violations, finding that the underlying disciplinary actions against the inmates were justified. However, the court reversed the district court's award of expenses for the
• Levoy v. Mills
  788 F.2d 1437· 10th Cir.· 1986-04-21 ·cited 4×
• Jorden v. Farrier
  788 F.2d 1347· 8th Cir.· 1986-04-17 ·cited 4×
  The court held that summary judgment was inappropriate because there are material issues of fact regarding whether the denial of medication constituted deliberate indifference to a serious medical need.
• Battle v. Park Anderson
  788 F.2d 1421· 10th Cir.· 1986-04-16 ·cited 4×
  The court affirmed the dismissal of most claims, finding the district court's conclusions not clearly erroneous, but vacated the dismissal and remanded the racial discrimination claim due to insufficient findings.
• Schuler v. Univ. OF Minn.
  788 F.2d 510· 8th Cir.· 1986-04-10 ·cited 4×
  A university's failure to follow its own internal procedures in dismissing a student for academic reasons does not violate the Fourteenth Amendment if the student received constitutionally adequate process.
• Cedell Briggs and Linda Nimmer v. Brady Anderson
  796 F.2d 1009· 8th Cir.· 1986-04-09 ·cited 4×
  The court affirmed the decertification of the hiring and termination classes and the dismissal of individual claims, but reversed and remanded the dismissal of the promotion class.
• Holloway v. Judge Dee Brown Walker
  784 F.2d 1294· 5th Cir.· 1986-03-19 ·cited 4×
  The court held that the trial court did not err in denying attorney's fees to the prevailing defendant because the plaintiffs' claims were not frivolous or brought in bad faith.
• Sampath K. Hemmige v. Chicago Pub. Schs.
  786 F.2d 280· 7th Cir.· 1986-03-10 ·cited 4×
• Mohler v. The State OF Miss.
  782 F.2d 1291· 5th Cir.· 1986-02-18 ·cited 4×
  The Eleventh Amendment bars a federal court suit by private citizens against a state, even when seeking to compel state officials to enforce state law, absent express consent or waiver of immunity.
• Washington v. Duffy Breaux
  782 F.2d 553· 5th Cir.· 1986-02-14 ·cited 4×
  The court held that the appellant's section 1983 suit was properly dismissed as untimely filed because the initial filing in a state appellate court without proper service did not interrupt the statute of limitations.
• Collins v. City OF Detroit
  780 F.2d 583· 6th Cir.· 1986-01-10 ·cited 4×·via 42 U.S.C. § 1983 Claim
  The court held that plaintiffs failed to allege a policy or custom of the city, which is required for official capacity suits under § 1983, and thus affirmed the dismissal.
• Edmond B. McKINLEY v. Baden
  777 F.2d 1017· 5th Cir.· 1985-12-05 ·cited 4×
  The court held that the trial court clearly erred in finding that the plaintiff's support of a fellow officer was a substantial or motivating factor in his dismissal, and that the record did not establish actual malice with convincing clarity for the defamation claim.
• Cervantez v. Whitfield
  776 F.2d 556· 5th Cir.· 1985-11-18 ·cited 4×
  The court held that plaintiffs were not prevailing parties under the Equal Access to Justice Act because the settlement with the INS did not provide relief beyond what existing law already required, and thus, attorney's fees were not warranted.
• W.L. Rayborn v. Miss. State Bd. OF Dental Exam'rs
  776 F.2d 530· 5th Cir.· 1985-11-15 ·cited 4×
  The court held that the district court properly granted summary judgment because the plaintiff failed to present evidence of a genuine issue of material fact regarding the constitutionality of the Mississippi Dental Practices Act or a valid conspiracy claim under federal law.
• Toombs v. Co-I L. Hicks
  773 F.2d 995· 8th Cir.· 1985-09-26 ·cited 4×
  The court held that a pro se inmate's complaint, read liberally, stated a claim under the Eighth Amendment for being compelled to work beyond his physical capacity, despite the district court's dismissal.
• Delesma v. City OF Dallas & the State Fair of Tex.
  770 F.2d 1334· 5th Cir.· 1985-09-16 ·cited 4×
  The court held that the prior state court judgment against the decedent for personal injuries barred his children's subsequent federal civil rights claims arising from the same incident, due to the application of Texas's res judicata doctrine as incorporated through 42 U.S.C. § 1
• Hershinow v. M.F. Bonamarte, Jr.
  772 F.2d 394· 7th Cir.· 1985-09-13 ·cited 4×
  The court affirmed the district court's award of attorney's fees against the plaintiff, finding his civil rights claims to be frivolous, unreasonable, or groundless.
• Reynolds v. Foree
  771 F.2d 1179· 8th Cir.· 1985-09-05 ·cited 4×
  The court held that dismissing a pro se civil rights complaint due to an incarcerated plaintiff's failure to appear at a pretrial hearing is an abuse of discretion, and that indigent pro se prisoner litigants meeting certain burdens should be appointed counsel.
• ST. John v. M.W. Justmann
  771 F.2d 445· 10th Cir.· 1985-08-26 ·cited 4×
  The court held that the magistrate had a substantial basis for finding probable cause to issue an arrest warrant, and that the plaintiff failed to prove the affidavits supporting the warrant were false, thus rejecting his civil rights claims.
• Adamsons v. Wharton
  771 F.2d 41· 2d Cir.· 1985-08-21 ·cited 4×
  The court affirmed the denial of a preliminary injunction, finding the appeal frivolous and awarding double costs and attorneys' fees.
• Bonar v. Ambach
  771 F.2d 14· 2d Cir.· 1985-08-14 ·cited 4×
  Attorneys' fees under 42 U.S.C. § 1988 are not available for claims falling within the Education for All Handicapped Children Act (EHA) unless a separate due process claim independent of EHA, demonstrating irreparable harm, is established.
• Bumgarner v. Bloodworth
  768 F.2d 297· 8th Cir.· 1985-07-24 ·cited 4×
  The state appealed an order dismissing drug trafficking charges against appellees, which were based on an investigation using a confidential informant, Robert Bennett, who had an agreement for a reduced sentence.
• Mrs. Tobie Brantley v. M.F. Surles
  765 F.2d 478· 5th Cir.· 1985-07-15 ·cited 4×
  The court held that the plaintiff was fired for exercising her constitutionally protected interest in her son's education, not for legitimate, nondiscriminatory reasons, and that the board's decision was not ongoing when considering the disrespectful remark.
• State v. State
  472 So. 2d 790· Fla. 1st DCA· 1985-07-02 ·cited 4×
  The court held that the trial court erred in dismissing the mechanic's lien claim and in awarding attorney's fees to the appellee, and that the appellant is entitled to the contract amount plus prejudgment interest.
• Alinovi v. Worcester Sch. Comm.
  766 F.2d 660· 1st Cir.· 1985-06-28 ·cited 4×
  The dissenting judge argues that the majority incorrectly analyzed the Fourth Amendment claim, infringing on privacy and First Amendment protections for academic freedom.
• Allen v. City OF Kinloch
  763 F.2d 335· 8th Cir.· 1985-05-31 ·cited 4×
  The court held that a state tort remedy, such as replevin, satisfies due process requirements for a random and unauthorized deprivation of property, even if the deprivation was tortious.
• Johnson v. Hon. John Onion
  761 F.2d 224· 5th Cir.· 1985-05-28 ·cited 4×
  The court held that the plaintiff failed to present a case or controversy, thus affirming the dismissal of his suit.
• Carter v. Norfolk Cmty. Hosp. Ass'n, Inc.
  761 F.2d 970· 4th Cir.· 1985-05-08 ·cited 4×
  The court held that a hospital's revocation of a physician's privileges, even with federal funding and regulatory oversight, does not constitute state action under the Fourteenth Amendment absent coercive power or significant encouragement from the state.
• Wright v. Deyton
  757 F.2d 1253· 11th Cir.· 1985-04-16 ·cited 4×
  The court held that while reliance on mail delivery can constitute excusable neglect, the district court must still conduct a full analysis under Fallen v. United States to determine if the appellant did all that could reasonably be expected, particularly regarding pre-mailing de
• Corstvet v. Boger
  757 F.2d 223· 10th Cir.· 1985-03-12 ·cited 4×
  The court held that the professor's conduct constituted moral turpitude and that he received adequate due process in his termination proceedings.
• Collin Fearon, Jr. v. Henderson
  756 F.2d 267· 2d Cir.· 1985-02-28 ·cited 4×
  The court held that the district court, not the appellate court, has the authority to grant an extension of time to file a late notice of appeal. The mere acceptance of a late notice by the clerk is insufficient.
• Signad, Inc. v. City OF Sugar Land & Walter Wolf
  753 F.2d 1338· 5th Cir.· 1985-02-28 ·cited 4×
  The trial court abused its discretion by dismissing a § 1983 suit on abstention grounds when parallel state proceedings existed.
• Borning v. Burl Cain
  754 F.2d 1151· 5th Cir.· 1985-02-14 ·cited 4×
  The court held that the district court erred in dismissing the petition without considering the petitioner's claim of denial of meaningful access to the law library, which impacts the right to an effective direct appeal.
• Thompson v. Prince William Cnty.
  753 F.2d 363· 4th Cir.· 1985-01-31 ·cited 4×
  The court held that the arrest warrant was supported by probable cause, and therefore, the plaintiff's § 1983 claim was properly dismissed.
• Janette Dyke Murr v. Stinson
  752 F.2d 233· 6th Cir.· 1985-01-14 ·cited 4×
  The court held that admitting evidence of the Sheriff's prior felony convictions to impeach his credibility was not an abuse of discretion.
• Bushnell v. Rossetti
  750 F.2d 298· 4th Cir.· 1984-12-21 ·cited 4×
  Agreements releasing civil rights claims in exchange for post-conviction sentencing consideration are enforceable if voluntary, deliberate, and informed, and do not present the same public policy concerns as agreements made before conviction.
• Clifford Y.C. LAI and Victoria L. Lai v. City & Cnty. OF Honolulu
  749 F.2d 588· 9th Cir.· 1984-12-14 ·cited 4×
  The court held that Hawaii Revised Statutes § 657-11 does not apply to actions brought under 42 U.S.C. § 1983, and the applicable limitations period is Hawaii's six-year catch-all statute.
• Hughes v. Hoffman
  750 F.2d 53· 8th Cir.· 1984-12-12 ·cited 4×
  The court held that the appellant's current lawsuit was barred by res judicata because it raised claims that had already been litigated and decided on the merits in prior proceedings.
• Brister v. The Parish OF Jefferson
  747 F.2d 1019· 5th Cir.· 1984-12-06 ·cited 4×
  The court held that the federal court must give the state court judgment the same preclusive effect as Louisiana courts would, barring relitigation of the same issues.
• Kitchens v. Tex. Dep't OF Human Res.
  747 F.2d 985· 5th Cir.· 1984-12-03 ·cited 4×
  The Eleventh Amendment bars federal courts from exercising pendent jurisdiction over state-law claims for money damages against a state agency.
• Nicholson v. Layton
  747 F.2d 1225· 8th Cir.· 1984-11-08 ·cited 4×
  The court held that the district court did not err in admitting evidence of the appellants' prior convictions and the victim's condition, as the prejudicial effect did not outweigh the probative value.
• Doyle J. Williams v. Wyrick
  747 F.2d 1231· 8th Cir.· 1984-11-08 ·cited 4×
  The court held that prison regulations restricting an inmate's access to the law library and investigator did not violate his constitutional right of access to the courts, as they were justified by legitimate penological interests.
• Austin v. Brown Local Sch. Dist.
  746 F.2d 1161· 6th Cir.· 1984-10-25 ·cited 4×
  The district court properly dismissed claims under § 504 of the Rehabilitation Act and 42 U.S.C. § 1983 because the Education for All Handicapped Children Act (EAHCA) provides the sole remedy for claims related to a free appropriate public education.
• Hatton v. Wicks
  744 F.2d 501· 5th Cir.· 1984-10-22 ·cited 4×
  A public school teacher's discharge for insubordination, after refusing to accept a student assigned to her class, does not violate substantive due process under the Fourteenth Amendment.
• Orvin C. Stanwood v. Green
  744 F.2d 714· 9th Cir.· 1984-10-05 ·cited 4×
  Attorney's fees under 42 U.S.C. § 1988 are not awardable for work done before October 19, 1976, if the underlying suit was not substantively pending on that date.