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

• LaSHAWN A. v. Kelly
  990 F.2d 1319· D.C. Cir.· 1993-04-16 ·cited 3×
  The court held that District of Columbia law provides an independent and sufficient basis for the lower court's judgment, establishing private rights of action for children in foster care and those reported abused or neglected.
• Feliciano v. City OF Cleveland
  988 F.2d 649· 6th Cir.· 1993-03-16 ·cited 3×
  The court held that the City of Cleveland is not liable under 42 U.S.C. § 1983 for the drug testing of police cadets because the Chief of Police lacked final policymaking authority and no final policymaker ratified his actions, and the substantive due process claim failed as the
• Sherman v. Four Cnty. Counseling Ctr.
  987 F.2d 397· 7th Cir.· 1993-02-19 ·cited 3×
  The court held that both the police officer and the private mental institution are protected by qualified immunity in the case of an emergency involuntary detention and treatment.
• Glendale More, Jr. v. Farrier
  984 F.2d 269· 8th Cir.· 1993-01-27 ·cited 3×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the prison officials did not violate the inmates' equal protection rights by refusing to install cable television service in their individual cells.
• Greenfield v. City of Miami Beach
  844 F. Supp. 1519· S.D. Fla.· 1992-12-18 ·cited 3×
  The court held that the plaintiff's speech was not a matter of public concern and that the employer provided reasonable accommodation for her religious practices, thus granting partial summary judgment for the defendants.
• Harmon E. Welsh v. City OF Tulsa
  977 F.2d 1415· 10th Cir.· 1992-10-23 ·cited 3×
  An impairment perceived by an employer as limiting an individual's ability to perform only one specific job is not a handicap under the Rehabilitation Act, and a city's decision to not hire an applicant based on a rational assessment of job capability does not violate equal prote
• Wasim Aziz v. C.O. Burrows
  976 F.2d 1158· 8th Cir.· 1992-10-05 ·cited 3×
  The court held that a district court may dismiss a duplicative complaint under 28 U.S.C. § 1915(d) even after Neitzke v. Williams, as the Supreme Court's definition of frivolous did not address repetitive actions.
• MacIariello v. W.B. Sumner
  973 F.2d 295· 4th Cir.· 1992-08-18 ·cited 3×
  Government officials are entitled to qualified immunity when their conduct does not violate clearly established statutory or constitutional rights, and the plaintiffs' actions did not constitute protected speech that was a 'but for' cause of their demotions.
• Robinson v. The City OF ST. Charles
  972 F.2d 974· 8th Cir.· 1992-08-14 ·cited 3×
  The court affirmed the jury's verdict of no liability for the Robinsons and agreed that Jones was not a prevailing party due to the lack of damages awarded, despite a finding of constitutional violation.
• Azul-Pacifico, Inc. v. City OF LOS Angeles
  973 F.2d 704· 9th Cir.· 1992-07-23 ·cited 3×
  A plaintiff cannot bring a direct cause of action under the United States Constitution; such claims must be brought under 42 U.S.C. § 1983. Even if a direct constitutional claim were permissible, it would be barred by the statute of limitations.
• Griffin v. Spratt
  969 F.2d 16· 3d Cir.· 1992-07-07 ·cited 3×
  Prison officials did not violate a prisoner's due process rights by discarding seized fermented beverages because there was no evidence of bad faith in their destruction, and reliance on an officer's testimony about the beverages was permissible in a disciplinary proceeding.
• Colo. Taxpayers Union, Inc. v. Romer
  963 F.2d 1394· 10th Cir.· 1992-05-15 ·cited 3×
  The court held that the appellants lacked standing to bring the suit because they failed to demonstrate a distinct and palpable injury traceable to the Governor's actions.
• Billish v. City OF Chicago & Louis T. Galante
  962 F.2d 1269· 7th Cir.· 1992-05-04 ·cited 3×
  The court held that the district court erred in granting summary judgment, as a trial is necessary to determine if the city's race-based promotion decisions were justified to remedy past discrimination.
• McARDLE v. Tronetti
  961 F.2d 1083· 3d Cir.· 1992-04-17 ·cited 3×·via Section 1983
  Defendants are immune from Section 1983 liability for false diagnosis, false testimony, and conspiracy related to involuntary commitment proceedings, but not for the act of filing the commitment petition itself. However, the plaintiff failed to plead essential elements for his ma
• Johnson v. Moore
  958 F.2d 92· 5th Cir.· 1992-04-10 ·cited 3×
  The court held that a municipal judge acting in a judicial capacity does not create municipal policy for § 1983 liability, and the plaintiff lacked standing for injunctive relief due to speculative future harm.
• Bannum, Inc. v. City OF Louisville
  958 F.2d 1354· 6th Cir.· 1992-03-23 ·cited 3×
  The plaintiff's claim is not ripe for adjudication because it failed to obtain a final decision from the relevant authorities regarding its proposed use of the property, nor did it utilize available procedures for obtaining necessary permits or variances.
• Hohe v. Casey
  956 F.2d 399· 3d Cir.· 1992-02-10 ·cited 3×
  The court held that the last sentence of § 575(d) is not facially unconstitutional because it can be applied constitutionally, and that the requirement for arbitration of fair share fee propriety challenges under § 575(g) is constitutionally unenforceable as it mandates exhaustio
• White v. Hezikiah Walker
  950 F.2d 972· 5th Cir.· 1991-12-30 ·cited 3×
  The court held that a jury must decide whether the officer is entitled to qualified immunity, reversing the directed verdict on that issue, but affirmed the dismissal of other claims.
• Propert v. Dist. OF Columbia
  948 F.2d 1327· D.C. Cir.· 1991-11-19 ·cited 3×
  The District of Columbia's policy of towing and destroying properly licensed or registered 'junk' vehicles without providing adequate notice or a hearing violates the Due Process Clause of the Fifth Amendment.
• Kunik v. Racine Cnty.
  946 F.2d 1574· 7th Cir.· 1991-10-30 ·cited 3×
  The court held that the district court erred in dismissing the conspiracy claim and Kretschmer's false imprisonment claim, but affirmed the dismissal of other claims and the contempt sanction against the attorney.
• Rosann C. Scheetz v. THE Morning Call, Inc.
  946 F.2d 202· 3d Cir.· 1991-10-03 ·cited 3×
  The First Amendment does not shield the press from civil liability when confidential information is unlawfully acquired, even if the information is of public significance.
• Ada Sandra Kopf v. Wing
  942 F.2d 265· 4th Cir.· 1991-08-09 ·cited 3×
  The court held that the appellant presented sufficient evidence to survive summary judgment on claims of excessive force against police officers and a pattern of unconstitutional conduct by the county.
• Meyers v. City OF Cincinnati
  934 F.2d 726· 6th Cir.· 1991-06-07 ·cited 3×
  The court held that the plaintiff's speech regarding affirmative action was protected under the First Amendment, and the city's disciplinary action based on that speech violated his rights. However, the court also held that the plaintiff's due process rights were not violated bec
• Morton v. City OF Little Rock
  934 F.2d 180· 8th Cir.· 1991-05-30 ·cited 3×
  The court held that claims against the City and Wilson were time-barred, and the claims against Gatewood were barred by qualified immunity and failure to establish municipal policy.
• Theodore and Janice Frutiger v. Hamilton Cent. Sch. Dist. & Thomas E. Sobel
  928 F.2d 68· 2d Cir.· 1991-03-20 ·cited 3×
  The court held that the district court's order denying an evidentiary hearing was procedural and not an appealable interlocutory order under 28 U.S.C. § 1292(a)(1) because plaintiffs had failed to exhaust administrative remedies.
• Whittington v. Milby
  928 F.2d 188· 6th Cir.· 1991-03-14 ·cited 3×
  The court held that the notice of appeal was timely due to the district court's failure to comply with the separate document rule for its initial order, and affirmed the dismissal of the § 1983 claim on grounds other than the statute of limitations, while vacating the dismissal o
• Tarka v. Cunningham
  917 F.2d 890· 5th Cir.· 1990-11-23 ·cited 3×
  The court held that the Family Educational Rights and Privacy Act (FERPA) does not create a private right of action to challenge a student's assigned grade, nor does it permit such challenges except for ministerial errors.
• Hadges v. Yonkers Racing Corp.
  918 F.2d 1079· 2d Cir.· 1990-11-19 ·cited 3×
  A private racetrack owner's denial of a driver's request to work at the track, even with extensive state regulation, does not constitute state action under 42 U.S.C. § 1983.
• Burnette v. Ciolino
  750 F. Supp. 1562· M.D. Fla.· 1990-11-19 ·cited 3×
  The court held that the prior shooting incidents cited by the plaintiff were isolated events and did not establish a de facto policy or custom of tolerating excessive force, thus granting summary judgment for the defendants.
• Burwell D. Manning, Jr. v. S.C. Dep't OF Hwy. & Pub. Transp.
  914 F.2d 44· 4th Cir.· 1990-09-12 ·cited 3×
  The court held that the district court correctly applied the two dismissal rule to bar Manning's claim against Evans and dismissed the claim against the Highway Department based on the Eleventh Amendment.
• Evans v. Dugger
  908 F.2d 801· 11th Cir.· 1990-08-09 ·cited 3×
  The court affirmed the jury's verdict and judgment for the defendants, finding no reversible error in the jury instructions or evidentiary rulings.
• Kasib Tauheed Bilal v. Kaplan
  904 F.2d 14· 8th Cir.· 1990-05-10 ·cited 3×
  The court held that a private attorney's conduct in representing a client does not constitute state action for purposes of a § 1983 claim, and that federal question jurisdiction was not established.
• Biondolillo v. City of Sunrise
  736 F. Supp. 258· S.D. Fla.· 1990-05-04 ·cited 3×
  The court held that the plaintiff's allegations were sufficient to state a claim for municipal liability under 42 U.S.C. § 1983, but dismissed the RICO claims because a municipality cannot possess the requisite criminal intent.
• Teyonda N. Walls v. City OF Petersburg
  895 F.2d 188· 4th Cir.· 1990-02-06 ·cited 3×
  The court held that the plaintiff failed to establish a prima facie case of disparate impact under Title VII and that the background questionnaire questions did not violate her constitutional rights to privacy, association, or due process.
• Gutierrez v. City of Hialeah
  729 F. Supp. 1329· S.D. Fla.· 1990-01-25 ·cited 3×
  The court held that plaintiffs' counsel failed to conduct a reasonable pre-filing inquiry into the law and facts, thus violating Rule 11, and denied the motion for reconsideration of sanctions.
• Gerber v. Longboat Harbour N. Condo.
  724 F. Supp. 884· M.D. Fla.· 1989-11-17 ·cited 3×
  Judicial enforcement of condominium rules restricting flag display constitutes state action, violating the First and Fourteenth Amendments, and Florida Statute § 718.113(4).
• Carrero v. NEW York City Hous. Auth.
  890 F.2d 569· 2d Cir.· 1989-11-14 ·cited 3×
  The court held that a plaintiff can bring both Title VII and § 1983 claims when the § 1983 claim is based on distinct constitutional rights, and that the supervisor's conduct constituted quid pro quo sexual harassment for which the employer is strictly liable.
• Toney v. Burris
  881 F.2d 450· 7th Cir.· 1989-08-07 ·cited 3×
  The court held that the current regulations provide constitutionally adequate notice and opportunity to be heard before wage offsets, rendering the plaintiff's claim moot, but remanded to consider the class action's continued appropriateness for members with debts to other agenci
• Redner v. City of Tampa
  723 F. Supp. 1448· M.D. Fla.· 1989-07-07 ·cited 3×
  The court held that abstention was appropriate, recommending dismissal or a stay of the federal action pending the outcome of parallel state court proceedings.
• Reid v. Kayye
  885 F.2d 129· 4th Cir.· 1989-07-06 ·cited 3×
  State officials are not liable under 42 U.S.C. § 1983 for unconstitutional jail conditions when state law grants them only discretionary power to inspect and advise, not a mandatory duty to remedy such conditions.
• Johnson v. Heinrich
  543 So. 2d 831· Fla. 2d DCA· 1989-05-12 ·cited 3×
  Johnson sued Sheriff Heinrich and Deputy Nykanen for damages arising from his arrest and detention following a traffic stop, claiming false arrest, false imprisonment, negligence, and constitutional violations. The trial court granted summary judgment for the defendants on all co
• Verna v. Coler
  710 F. Supp. 1339· S.D. Fla.· 1989-03-16 ·cited 3×
  The court held that the "voluntary quit" regulation, which substitutes "primary wage earner" for "head of the household," is a permissible construction of the Food Stamp Act.
• Bennett v. City OF Boston
  869 F.2d 19· 1st Cir.· 1989-03-09 ·cited 3×
  A provisional employee's job is not constitutionally protected property if the collective bargaining agreement allows for non-renewal of provisional appointments without cause.
• Fla. Pawnbrokers & Secondhand Dealers Ass'n v. City of Fort Lauderdale
  699 F. Supp. 888· S.D. Fla.· 1988-11-17 ·cited 3×
  The court reversed a summary judgment awarding a real estate commission, finding that a new lease for the same property did not constitute a renewal of the original lease as contemplated by the commission agreement.
• Tagstrom v. Enockson
  857 F.2d 502· 8th Cir.· 1988-09-23 ·cited 3×
  The court held that the officer was not deliberately indifferent to the plaintiff's medical needs and was entitled to qualified immunity.
• Lewis v. O'Grady
  853 F.2d 1366· 7th Cir.· 1988-07-21 ·cited 3×
  The court held that a jury must determine the reasonableness of the delay in releasing a prisoner when administrative steps are involved, and that qualified immunity protected individual defendants whose conduct did not violate clearly established rights.
• Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah
  688 F. Supp. 1522· S.D. Fla.· 1988-06-10 ·cited 3×
  Local government officials are entitled to absolute legislative immunity for their legislative acts, and are not personally liable for the actions of subordinates unless they directed or had personal knowledge of the wrongdoing.
• Dartland v. Metro. Dade Cnty.
  681 F. Supp. 1539· S.D. Fla.· 1988-03-10 ·cited 3×
  The court held that a public employee's speech on matters of public concern is protected by the First Amendment unless the employer can demonstrate that the speech significantly impaired government efficiency, and that the employer's interest in efficiency outweighs the employee'
• George v. King
  837 F.2d 705· 5th Cir.· 1988-02-17 ·cited 3×
  A single incident of food poisoning, even if caused by neglectful prison food service policy and resulting in temporary discomfort, does not state a claim for deprivation of constitutional rights sufficient to survive dismissal as frivolous under 28 U.S.C. § 1915(d).
• Smith v. Butterworth
  678 F. Supp. 1552· M.D. Fla.· 1988-02-02 ·cited 3×
  The court held that Florida's statute prohibiting grand jury witnesses from disclosing their testimony does not violate the First Amendment, as grand jury secrecy serves compelling governmental interests and is narrowly tailored.