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

• Robert Vance, D.O. v. State OF Utah
  744 F.2d 750· 10th Cir.· 1984-10-01 ·cited 4×
  The court held that Utah's preclusion law barred relitigation of issues already decided by state courts, and affirmed the denial of a preliminary injunction.
• Taylor v. Best
  746 F.2d 220· 4th Cir.· 1984-09-27 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that a prisoner's Fifth Amendment right against self-incrimination did not arise when questioned by a prison psychologist for classification purposes, and his privacy interest in his family background was outweighed by prison security and rehabilitation needs.
• City OF Lake Worth v. Walton
  462 So. 2d 1137· Fla. 4th DCA· 1984-09-19 ·cited 4×
  A police officer sued his employer, the City of Lake Worth, for wrongfully denying him a promotion to sergeant despite his entitlement under civil service rules and veterans' preference statutes. The trial court awarded $75,000 in compensatory damages and $30,000 in attorney's fe
• Duncan v. Clements
  744 F.2d 48· 8th Cir.· 1984-09-17 ·cited 4×
  Collateral estoppel does not apply because the defendant officer was not a party or in privity with a party to the prior state criminal proceeding, and the jury instruction on good faith for false arrest, while technically incorrect under Missouri law, was harmless error.
• Thomas v. Eristus Sams
  741 F.2d 783· 5th Cir.· 1984-09-17 ·cited 4×
  The court held that the Mayor's acts in causing the arrest were committed 'under color of state law' for the purposes of § 1983, as he was delegated policymaking authority to ensure the sewer line's completion.
• Goodrich v. Newport News Sch. Bd.
  743 F.2d 225· 4th Cir.· 1984-09-13 ·cited 4×
  A local school board's failure to adhere to its own internal guidelines does not violate federal procedural due process rights if minimum constitutional requirements of notice and hearing are met.
• Lowe v. Coolidge Conlee
  742 F.2d 1140· 8th Cir.· 1984-09-11 ·cited 4×
  A party cannot assert a ground in a motion for judgment notwithstanding the verdict that was not previously asserted in the party's motion for a directed verdict.
• Tautfest v. City OF Lincoln
  742 F.2d 477· 8th Cir.· 1984-08-31 ·cited 4×
  A probationary employee terminated for cause, under terms explicitly stating immediate termination for disciplinary problems, does not possess a property interest in continued employment triggering due process rights, nor is such termination a breach of the collective bargaining
• Matthews v. Davis
  742 F.2d 825· 4th Cir.· 1984-08-30 ·cited 4×
  The court held that the school system's proposed day program, coupled with home support, constituted a free appropriate public education, and residential placement was no longer necessary for the child to receive educational benefits.
• Champion v. State OF Cal.
  738 F.2d 1082· 9th Cir.· 1984-07-30 ·cited 4×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction against the deduction of fair share fees, as existing Supreme Court precedent generally upholds such deductions and the specific circumstances did not warrant extraordinary rel
• Meeker v. Addison
  586 F. Supp. 216· S.D. Fla.· 1984-07-06 ·cited 4×
  The court held that Florida has waived sovereign immunity for federal civil rights actions under 42 U.S.C. § 1983, allowing such suits against the state and its agencies, but state tort claims require exhaustion of administrative remedies.
• McCURRY v. Tesch
  738 F.2d 271· 8th Cir.· 1984-06-29 ·cited 4×
  The dissenting judge believes the law enforcement officers were acting in obedience to court orders and should be afforded absolute immunity from damages liability.
• Gomes v. Fair
  738 F.2d 517· 1st Cir.· 1984-06-27 ·cited 4×
  The court held that the district court erred in granting injunctive relief because prison officials are entitled to deference in their reasonable, good-faith judgments regarding prison security and discipline, even if the interpretation of an inmate's conduct is debatable.
• Kathie Boudin v. Thomas
  737 F.2d 261· 2d Cir.· 1984-06-26 ·cited 4×
  A prisoner's claim for release from administrative segregation into the general population is not a 'civil action' under the Equal Access to Justice Act if it is treated as a habeas corpus petition.
• Brown v. Green
  738 F.2d 202· 7th Cir.· 1984-06-25 ·cited 4×
  The court held that the district court erred in excluding the state court criminal record as prima facie evidence that the plaintiff struck the officer, as this evidence was relevant to the officer's defense.
• Sanders v. Frisby
  736 F.2d 1230· 8th Cir.· 1984-06-12 ·cited 4×·via 42 U.S.C. § 1983 Action
  The doctrine of collateral estoppel bars relitigation of Fourth Amendment claims in a § 1983 action when those claims were actually litigated and decided in state criminal proceedings, even if the conviction was later reversed on other grounds.
• Coleman v. Stanziani
  735 F.2d 118· 3d Cir.· 1984-06-04 ·cited 4×
  The court held that an order denying a motion for judgment on the pleadings based on abstention doctrines is not a final judgment and thus not immediately appealable, and mandamus is inappropriate to review such discretionary decisions.
• The League OF Women Voters OF Nassau Cnty. v. Nassau Cnty. Bd. OF Supervisors
  737 F.2d 155· 2d Cir.· 1984-05-22 ·cited 4×
  The court held that the Supreme Court's prior dismissal of an appeal concerning Nassau County's weighted voting system for want of a substantial federal question is dispositive of the current challenge to a substantially similar reapportionment law.
• Whitson v. Baker
  732 F.2d 856· 11th Cir.· 1984-05-21 ·cited 4×
  The court certified a question of Alabama state law regarding the tolling of a statute of limitations for a prisoner's civil rights claim to the Alabama Supreme Court.
• Hurry v. Jones
  734 F.2d 879· 1st Cir.· 1984-05-18 ·cited 4×
  The court declined to address the merits of the transportation reimbursement claim, deeming the liability issue not properly before it due to defendants' failure to brief the specific theory of no duty.
• Ervin v. Blackwell
  733 F.2d 1282· 8th Cir.· 1984-05-03 ·cited 4×
  The court held that an inmate participating in a work release program does not have a constitutionally protected property interest in the full amount of his salary when state regulations condition participation on the payment of maintenance costs.
• White v. White
  731 F.2d 1440· 9th Cir.· 1984-05-01 ·cited 4×
  The court held that while the district court erred in dismissing the section 1983 claim for lack of jurisdiction, the dismissal can be affirmed because the plaintiff failed to state a claim upon which relief can be granted.
• Daley v. Town OF NEW Durham
  733 F.2d 4· 1st Cir.· 1984-04-27 ·cited 4×
  The court held that federal antitrust claims removed to federal court must be dismissed for lack of jurisdiction because the state court lacked subject matter jurisdiction. Civil rights claims were properly dismissed, and state law claims must be remanded.
• Duke v. The Univ. OF Tex. AT EL Paso
  729 F.2d 994· 5th Cir.· 1984-04-16 ·cited 4×
  The court held that the district court abused its discretion by unduly restricting discovery, which prejudiced the plaintiff's ability to obtain class certification and prove her individual discrimination claim.
• Amendola v. Schliewe
  732 F.2d 79· 7th Cir.· 1984-04-12 ·cited 4×
  The court held that the plaintiff did not have an enforcible expectation of continued employment under Wisconsin law and therefore was not entitled to due process protections upon termination. The court also found the equitable estoppel claim to be without merit.
• Dale v. Bartels
  732 F.2d 278· 2d Cir.· 1984-04-05 ·cited 4×
  The court held that summary judgment was improperly granted for claims concerning unauthorized seizures of property from the clinic and the Dales' apartment, but affirmed summary judgment on other claims.
• Bird v. Summit Cnty.
  730 F.2d 442· 6th Cir.· 1984-03-21 ·cited 4×
  The court held that a failure to completely expunge an arrest record, even if ordered by a state court, does not violate federal constitutional rights actionable under 42 U.S.C. § 1983.
• Foster v. Armontrout
  729 F.2d 583· 8th Cir.· 1984-03-16 ·cited 4×
  The Eighth Circuit affirmed the district court's dismissal, holding that Missouri's three-year statute of limitations for actions against officers is the appropriate limitations period for a 42 U.S.C. § 1983 claim against prison officials.
• Pavlak v. John R. Church
  727 F.2d 1425· 9th Cir.· 1984-03-12 ·cited 4×
  The two-year statute of limitations provided in 47 U.S.C. § 415(b) applies to all of the plaintiff's claims against the telephone company, including those arising under civil rights statutes. The court remanded for a determination of when the plaintiff discovered or should have d
• Dickey v. Greene
  729 F.2d 957· 4th Cir.· 1984-03-08 ·cited 4×
  The majority's refusal to address the merits and its remand for further proceedings is improper because the parties' concessions established that the EEOC complaint was considered by the lower court.
• Snider v. Creasy
  728 F.2d 369· 6th Cir.· 1984-03-01 ·cited 4×
  The court held that the Ohio Department of Public Welfare (ODPW) cannot deem Old Age Survivors and Disability Income (OASDI) benefits paid to a representative payee as available to an Aid to Families with Dependent Children (AFDC) applicant unless the agency proves the benefits w
• Spath v. Nat'l Collegiate Athletic Ass'n
  728 F.2d 25· 1st Cir.· 1984-02-23 ·cited 4×
  The court held that the student failed to demonstrate a likelihood of success on the merits for his constitutional claims and contract claims, thus reversing the preliminary injunction.
• Houston v. Bryan
  725 F.2d 516· 9th Cir.· 1984-02-08 ·cited 4×
  Noncompliance with local rules regarding oral argument on summary judgment motions is not reversible error absent a showing of prejudice. The state defendants' failure to prevent a witness's detention or secure release was not the proximate cause of the detention under Nevada law
• Blue Cross AND Blue Shield OF Michigan v. Baerwaldt
  726 F.2d 296· 6th Cir.· 1984-02-03 ·cited 4×
  The court held that the challenge to the prohibition of advertisements was moot, and the challenge to the deduction of advertisement costs was subject to abstention under Younger v. Harris due to ongoing state proceedings.
• Glosen v. Barnes
  724 F.2d 1418· 9th Cir.· 1984-02-02 ·cited 4×
  The Eleventh Amendment bars a § 1983 action seeking retroactive relief from a state, and attorney's fees under § 1988 are similarly barred when the underlying claim involves retroactive liability.
• Sanderson v. Vill. OF Greenhills
  726 F.2d 284· 6th Cir.· 1984-02-01 ·cited 4×
  The court held that the plaintiff's complaint stated a claim under 42 U.S.C. § 1983, as the village officials' actions in denying a license based on arbitrary opposition to the business could constitute a deprivation of a liberty interest.
• Larry P. v. Riles
  793 F.2d 969· 9th Cir.· 1984-01-23 ·cited 4×
  The appellate court, in a dissenting opinion, argues that the district court erred in finding a violation of federal statutes based on discriminatory effects analysis solely due to statistical disparity in E.M.R. class enrollment. The dissent contends that plaintiffs failed to pr
• Walter J.D. Moffett v. McCAULEY
  724 F.2d 581· 7th Cir.· 1984-01-05 ·cited 4×
  The court held that while the district court erred in excluding a prison investigation report solely on trustworthiness grounds, the error was harmless because the report's contents were unlikely to affect the jury's verdict. The court also held the report inadmissible as an admi
• Cinema Arts, Inc. v. The Cnty. OF Clark & the Bd. of Cnty. Comm'rs of Clark Cnty.
  722 F.2d 579· 9th Cir.· 1983-12-30 ·cited 4×
  The court held that the district court abused its discretion by abstaining from exercising jurisdiction, as the requirements for Pullman abstention were not met.
• 423 S. Salina St., Inc. v. The City OF Syracuse
  724 F.2d 26· 2d Cir.· 1983-12-14 ·cited 4×
  The court affirmed the dismissal of the appellant's claims, finding that the Section 1983 claim was barred by comity principles and that the Section 1985(3) claim failed because the alleged conspiracy was not motivated by bias against an economic class.
• Sal Galluccio v. Holmes
  724 F.2d 301· 2d Cir.· 1983-12-13 ·cited 4×
  The court held that the prolonged shackling of the plaintiff may have exceeded the scope of the search warrant, raising a question of reasonableness for the jury, but the evidence against one doctor was insufficient.
• M.P. Doran v. F.H. Houle and James W. Glosser
  721 F.2d 1182· 9th Cir.· 1983-11-18 ·cited 4×
  The court held that veterinarians did not possess a constitutionally protected property interest in their permits to perform a specific brucellosis test, as their authority was subject to the unrestricted discretion of government officials.
• Ross v. Amos Reed
  719 F.2d 689· 4th Cir.· 1983-10-12 ·cited 4×
  The court held that the plaintiff's claims for injunctive and declaratory relief were moot due to his release from custody, and that the defendants were entitled to qualified immunity for the First Amendment claim. The court also affirmed the dismissal of the Eighth Amendment cla
• Magayanes v. T.J. Terrance
  739 F.2d 1131· 7th Cir.· 1983-09-26 ·cited 4×
  The court affirmed the judgment for the defendants, finding no merit in the plaintiff's challenges to the jury verdict.
• Jackson v. W.I. Hollowell
  714 F.2d 1372· 5th Cir.· 1983-09-22 ·cited 4×
  The court held that prison officials were not entitled to qualified immunity because the constitutional right to be free from inadequately screened trusty shooters was clearly established, and the officials were aware of this right. The court affirmed the jury's verdict finding i
• Schultz v. Major General Billy G. Wellman
  717 F.2d 301· 6th Cir.· 1983-09-19 ·cited 4×
  The court held that the actions of National Guard officers in discharging a member are taken under the color of state law for purposes of 42 U.S.C. § 1983, but affirmed the dismissal because the appellant failed to state a claim upon which relief could be granted.
• Beard v. A.L. Lockhart
  716 F.2d 544· 8th Cir.· 1983-09-13 ·cited 4×
  The court held that the district court did not err in dismissing the suit against Director Lockhart prior to trial and in granting the remaining defendants' motion for involuntary dismissal.
• Nordgren v. Mitchell
  716 F.2d 1335· 10th Cir.· 1983-09-07 ·cited 4×·via 42 U.S.C. § 1983 Action
  The Due Process Clause does not require Utah to appoint counsel for all indigent inmates in paternity proceedings, as these actions do not directly involve a potential deprivation of liberty.
• Preness Crusoe v. DeROBERTIS
  714 F.2d 752· 7th Cir.· 1983-08-22 ·cited 4×
  A prison warden may prohibit a paraprofessional from entering a prison if they pose a colorable threat to security, and the trial court's findings supporting such a ban are not clearly erroneous.
• Hadden v. Howard
  713 F.2d 1003· 3d Cir.· 1983-08-11 ·cited 4×
  The court held that the Commissioner's interpretation of the regulation was inconsistent with its plain language and purpose, and that disciplining an inmate for statements made in a complaint violated due process.