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

• Taureen Norfleet v. Ark. Dep't OF Human Servs.
  989 F.2d 289· 8th Cir.· 1993-03-29 ·cited 2×
  Government officials are not entitled to qualified immunity when their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known, and the state's assumption of custody over a child creates an affirmative duty of care.
• Evans v. City OF Marlin
  986 F.2d 104· 5th Cir.· 1993-03-16 ·cited 2×
  Summary judgment on federal claims is affirmed as no constitutional violation occurred, but summary judgment on state law claims is reversed and remanded due to genuine issues of material fact regarding the suicide affirmative defense.
• Moore v. Hermann Tartler
  986 F.2d 682· 3d Cir.· 1993-03-01 ·cited 2×
  A six-month delay in an inmate's release from incarceration does not violate the Eighth Amendment's prohibition against cruel and unusual punishment if the delay does not result from the parole board officials' deliberate indifference to the inmate's liberty interest.
• Waste Sys. Corp. v. Cnty. OF Martin
  985 F.2d 1381· 8th Cir.· 1993-02-18 ·cited 2×
  Local ordinances mandating that all compostable solid waste be delivered to a specific in-county facility violate the Commerce Clause because they discriminate against interstate commerce and serve as economic protectionist measures.
• Robert (Lenny Dixon) Moody v. Sgt. Tracy Proctor
  986 F.2d 239· 8th Cir.· 1993-02-17 ·cited 2×
  The court held that the correctional officers' use of a black box restraint during prisoner transport, even if causing pain and injury, did not violate the Eighth Amendment because it was mandated by institutional policy for security reasons and did not demonstrate deliberate ind
• O'Neill v. Town OF Babylon
  986 F.2d 646· 2d Cir.· 1993-02-16 ·cited 2×
  The court held that the arresting officer was entitled to qualified immunity as a matter of law because it was objectively reasonable for him to believe that probable cause existed for the arrest.
• Esmael Balboa Tijerina v. Plentl
  984 F.2d 148· 5th Cir.· 1993-02-11 ·cited 2×
  The court held that a timely motion for a new trial filed under Rule 59 extinguishes any prior notice of appeal, rendering a subsequent appeal premature until the motion is resolved.
• Correa v. Fischer
  982 F.2d 931· 5th Cir.· 1993-02-11 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that a termination based on perceived disloyalty or incompatibility, without evidence of political motivation, does not violate the First Amendment, and thus summary judgment for the defendants was appropriate.
• Medigen OF Kentucky v. Pub. Serv. Comm'n OF W. Va.
  985 F.2d 164· 4th Cir.· 1993-02-05 ·cited 2×
  The court held that West Virginia's certification requirement for medical waste transporters, which restricts market entry based on existing service adequacy, unconstitutionally burdens interstate commerce under the dormant Commerce Clause. The court also affirmed the district co
• Marryshow v. Flynn
  986 F.2d 689· 4th Cir.· 1993-02-04 ·cited 2×
  The court held that for purposes of Federal Rule of Civil Procedure 68, the "judgment finally obtained" must include pre-offer costs and attorney's fees when comparing it to the offer of judgment, and that the trial court did not abuse its discretion in allowing an amended attorn
• Benitez v. Wolff
  985 F.2d 662· 2d Cir.· 1993-02-03 ·cited 2×
  While the court found that the inmate's due process rights were violated by not being allowed to retain written disciplinary charges for 24 hours, it affirmed the dismissal because the right was not clearly established at the time, entitling the officials to qualified immunity.
• McMASTER v. Pung
  984 F.2d 948· 8th Cir.· 1993-01-29 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the grant of summary judgment, holding that prison officials did not violate the inmate's constitutional rights by restricting his legal mail, denying his wife's in-person testimony, or limiting his contact with his attorney under the circumstances.
• Eaton v. Jamrog
  984 F.2d 760· 6th Cir.· 1993-01-29 ·cited 2×
  A district court cannot vacate and reenter a judgment solely to allow a party to file an otherwise untimely appeal, as this action does not confer appellate jurisdiction.
• Heather and Amanda Black v. Ind. Area Sch. Dist.
  985 F.2d 707· 3d Cir.· 1993-01-29 ·cited 2×
  The court held that the school bus driver, bus company president, and bus company were not liable under § 1983 because they were independent contractors and not state actors. The superintendent and school district were also not liable for failing to exhibit the 'deliberate indiff
• Weeks v. L.R. Chaboudy, M.D.
  984 F.2d 185· 6th Cir.· 1993-01-26 ·cited 2×
  The court denied the petition for rehearing, affirming the district court's award of attorney's fees because the underlying liability finding was upheld.
• Commonwealth OF Pa. & Guardians of Greater Pittsburgh, Inc. v. Flaherty
  983 F.2d 1267· 3d Cir.· 1993-01-20 ·cited 2×
  The court held that the Commonwealth failed to prove intentional discrimination under the Davis standard, and therefore, permanent injunctive relief was properly denied, and the preliminary injunction was correctly dissolved.
• Lafont-Rivera v. Soler-Zapata
  984 F.2d 1· 1st Cir.· 1993-01-20 ·cited 2×
  The court held that a plaintiff's § 1983 cause of action accrues when they know or have reason to know of the injury, and in this case, the injury was the defendants' definitive refusal to act on the pension form request, which occurred on June 26, 1989.
• Pritchard v. MacKie
  811 F. Supp. 665· S.D. Fla.· 1993-01-16 ·cited 2×
  The court held that the Town of Davie's insurance requirement for a public rally is an unconstitutional prior restraint on speech violating the First Amendment.
• Kendall Glass v. Manuel Mayas, M.D.
  984 F.2d 55· 2d Cir.· 1993-01-15 ·cited 2×
  The court held that the defendants were entitled to qualified immunity because their actions in involuntarily hospitalizing the plaintiff were objectively reasonable, thus not violating clearly established constitutional rights.
• Roller v. Cavanaugh
  984 F.2d 120· 4th Cir.· 1993-01-15 ·cited 2×
  A statutory amendment increasing the time between parole reconsiderations from one year to two years, when applied to prisoners whose crimes were committed before the amendment, constitutes an unconstitutional ex post facto law.
• Wildauer v. Frederick Cnty.
  993 F.2d 369· 4th Cir.· 1993-01-12 ·cited 2×
  The court held that the district court did not err in denying the motion to amend the complaint or in granting summary judgment for the defendants, affirming the lower court's decision.
• Damaris Rivera-Ruiz v. Gonzalez-Rivera
  983 F.2d 332· 1st Cir.· 1993-01-05 ·cited 2×
  The court held that genuine issues of material fact exist regarding whether the plaintiff's demotion and transfer violated her constitutional rights, precluding summary judgment.
• Franklin v. Thompson
  981 F.2d 1168· 10th Cir.· 1992-12-22 ·cited 2×
  The court held that a state criminal conviction for disorderly conduct collaterally estopped the plaintiff from relitigating the legality of her arrest in a subsequent § 1983 civil rights action, and that the district court did not abuse its discretion in denying a new trial.
• Keenan v. City OF Philadelphia & Philadelphia Police Dep't & Kevin Tucker & James Gallagher & Roy Stoner & Robert Grasso & Victor Marcone & Ralph J. Teti
  983 F.2d 459· 3d Cir.· 1992-12-17 ·cited 2×
  The dissenting judge argues that punitive damages awards against municipalities, where indemnification is required, must be supported by evidence of the individual defendants' net economic worth. The judge contends that without such evidence, the punitive and deterrence purposes
• Hamm v. Dick Moore
  984 F.2d 890· 8th Cir.· 1992-12-14 ·cited 2×
  A terminated inmate law clerk lacks standing to assert a client's right of access to the courts when the client can perceive and address the loss of assistance themselves.
• Roesch v. Otarola
  980 F.2d 850· 2d Cir.· 1992-11-27 ·cited 2×
  A dismissal pursuant to Connecticut's accelerated pretrial rehabilitation program is not a termination in favor of the accused for purposes of a section 1983 suit, and such a program's disposition does not permit claims for false imprisonment or false arrest.
• Guarino v. Brookfield Twp. Trs.
  980 F.2d 399· 6th Cir.· 1992-11-25 ·cited 2×
  The court held that a district court is not required to search the entire record for genuine issues of material fact when the non-moving party fails to respond to a summary judgment motion, and affirmed the grant of summary judgment.
• Ivron Butler v. Denis Dowd
  979 F.2d 661· 8th Cir.· 1992-11-11 ·cited 2×
  The court held that a zero award for pain and suffering damages was shocking and unreasonable given the facts.
• Rivera v. Murphy
  979 F.2d 259· 1st Cir.· 1992-11-10 ·cited 2×
  The court held that the officer was not entitled to qualified immunity because his affidavit lacked specific facts to establish probable cause for the arrest, and the district court erred in granting summary judgment on the federal claim and dismissing the state law claims.
• Southview Assocs., Ltd. v. Ferdinand Bongartz
  980 F.2d 84· 2d Cir.· 1992-10-30 ·cited 2×
  The court affirmed the dismissal of Southview's claims, holding that the denial of a land use permit did not constitute a physical taking, and that regulatory taking and due process claims were not ripe.
• Wishon v. Janies "Tony" Gammon
  978 F.2d 446· 8th Cir.· 1992-10-30 ·cited 2×
  The court held that the district court did not abuse its discretion in denying leave to amend the complaint and that the inmate's claims regarding inadequate recreation, unsanitary conditions, contaminated food, and denial of educational opportunities did not violate the Eighth o
• Hirschfeld v. The Bd. OF Elections IN the City OF NEW York & Kathleen M. Wagner
  984 F.2d 35· 2d Cir.· 1992-10-30 ·cited 2×
  The court held that the Board of Elections' eleventh-hour motions for a stay and expedited appeal, filed in disregard of procedural rules and after significant delay, constituted a misuse of the judicial process, warranting sanctions.
• Osborn v. Ashland Cnty. Bd. OF Alcohol
  979 F.2d 1131· 6th Cir.· 1992-10-29 ·cited 2×
  The court affirmed the district court's summary judgment, holding that res judicata barred Osborn's federal due process claim because it had been fully litigated and decided in state court.
• Bobby Watts, M.D. v. John H. Burkhart, M.D.
  978 F.2d 269· 6th Cir.· 1992-10-28 ·cited 2×
  The dissent argues that qualified immunity, not absolute judicial immunity, is the appropriate standard for state medical licensing boards under Section 1983.
• Elton Houston and Robert Brown v. Partee
  978 F.2d 362· 7th Cir.· 1992-10-27 ·cited 2×
  Prosecutors are not absolutely immune from suit for failing to disclose exculpatory evidence discovered after conviction and while direct appeals were pending, as this conduct falls outside the scope of their prosecutorial functions.
• Sever v. Alaska Pulp Corp.
  978 F.2d 1529· 9th Cir.· 1992-10-26 ·cited 2×
  The court affirmed the district court's dismissal of federal claims and summary judgment, finding no error in the dismissal of state law claims without prejudice.
• Thomas v. Cnty. OF LOS Angeles
  978 F.2d 504· 9th Cir.· 1992-10-21 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the majority erred in reversing the preliminary injunction based on a de novo review of the facts and blurring the distinction between preliminary and permanent injunctions.
• Harrington v. Almy
  977 F.2d 37· 1st Cir.· 1992-10-16 ·cited 2×
  The court held that the summary judgment record was insufficient to determine as a matter of law whether a constitutional right was violated or if the official's actions were objectively reasonable.
• Brickner v. Voinovich
  977 F.2d 235· 6th Cir.· 1992-10-13 ·cited 2×
  The court held that adequate state mechanisms existed to provide due process to the plaintiff, affirming the district court's judgment.
• Wilson v. UT Health Ctr.
  973 F.2d 1263· 5th Cir.· 1992-10-06 ·cited 2×
  The court held that Wilson's reports of sexual harassment constituted speech on a matter of public concern, potentially protected by the First Amendment, and that she presented sufficient evidence of malice for her defamation claims to proceed.
• Hessel v. O'Hearn
  977 F.2d 299· 7th Cir.· 1992-10-06 ·cited 2×
  The court held that police officers did not exceed the scope of a search warrant when seizing items that were later returned, but that the de minimis doctrine does not bar a claim for the theft of a can of soda pop by one officer.
• United Black Firefighters Ass'n v. City OF Akron
  976 F.2d 999· 6th Cir.· 1992-09-30 ·cited 2×
  The court held that the consent decree's provision to promote up to the 59th rank, which constituted a racial preference, violated the Equal Protection Clause because it lacked a strong basis in evidence of past discrimination by the City of Akron.
• Mahoney v. Kesery
  976 F.2d 1054· 7th Cir.· 1992-09-30 ·cited 2×
  The court held that a jury's finding of no probable cause for arrest resolves both the merits of the Fourth Amendment claim and the officer's claim of qualified immunity, and that malicious prosecution, while not a constitutional tort in itself, can be part of a broader constitut
• Charlesworth R. Martin v. Thomas
  973 F.2d 449· 5th Cir.· 1992-09-30 ·cited 2×
  The court held that the jury's findings of excessive force and arrest without due process were supported by sufficient evidence and proper jury instructions. It reversed the malicious prosecution verdict against two defendants due to insufficient evidence but affirmed it against
• Dickey D. Kaster v. State OF Iowa
  975 F.2d 1381· 8th Cir.· 1992-09-24 ·cited 2×
  The court held that the statute of limitations for Kaster's civil rights claims had expired because the claims accrued when the property was seized, not when the state court decided his related appeals.
• Felce v. Fiedler
  974 F.2d 1484· 7th Cir.· 1992-09-15 ·cited 2×
  The court held that a parolee has a liberty interest under the Due Process Clause in avoiding the involuntary administration of antipsychotic drugs, even if state law does not explicitly create such an interest for parolees.
• Reneer v. Lt. Brian Sewell
  975 F.2d 258· 6th Cir.· 1992-09-15 ·cited 2×
  The court held that prison officials reading an inmate's incoming legal mail, even if justified by a suspicion of contraband, may violate the First Amendment if not conducted in accordance with prison policy and without proper justification. However, the court affirmed the distri
• Marlin E. "Bill" Jones v. Rich Thompson
  974 F.2d 86· 8th Cir.· 1992-09-08 ·cited 2×
  The court held that the district court did not err in admitting evidence or refusing jury instructions, and affirmed the judgment.
• L.W. v. Grubbs
  974 F.2d 119· 9th Cir.· 1992-09-03 ·cited 2×
  The court held that a state employee can state a claim under 42 U.S.C. § 1983 for a due process violation when state actors affirmatively create a danger that leads to harm by a third party, even without a custodial relationship.
• McCAMMON v. Ind. Dep't OF Fin. Insts.
  973 F.2d 1348· 7th Cir.· 1992-09-01 ·cited 2×
  Employees dismissed from a state agency had a protectible property interest in their employment under a statute listing specific causes for dismissal, entitling them to due process.