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

• Ricci v. Captain Michael Urso
  974 F.2d 5· 1st Cir.· 1992-08-31 ·cited 2×
• McCARTNEY v. First City Bank
  970 F.2d 45· 5th Cir.· 1992-08-28 ·cited 2×
  The validity of the underlying debt does not bar an action under the Fair Debt Collection Practices Act, and a plaintiff need not prove the debt is void or voidable to state a claim. The court also found the plaintiff alleged sufficient facts for claims under § 1983 and the Decla
• Pacelli v. Robert deVITO
  972 F.2d 871· 7th Cir.· 1992-08-25 ·cited 2×
  The court held that the defendants did not violate the Constitution by continuing to detain the plaintiff because there was no evidence they knew of the writ of habeas corpus or intended to violate his rights, and state law violations are not actionable under § 1983.
• Brown v. Indep. Sch. Dist. no. I-06 of McCURTAIN Cnty.
  974 F.2d 1237· 10th Cir.· 1992-08-24 ·cited 2×
  The court held that school support personnel employed under annual contracts do not have a property interest in the renewal of those contracts, absent a specific statutory or policy provision to the contrary.
• Cabrera v. Martin
  973 F.2d 735· 9th Cir.· 1992-08-21 ·cited 2×
  The court held that federal defendants did not act under color of state law and thus could not be liable for attorney's fees under 42 U.S.C. § 1988, and that the state defendant also could not be liable as plaintiffs were not prevailing parties.
• Gainor v. Rogers
  973 F.2d 1379· 8th Cir.· 1992-08-20 ·cited 2×
  The dissenting judge would grant qualified immunity on unlawful arrest and First Amendment claims and remand the excessive force claim for further consideration.
• Henderson v. Lane
  979 F.2d 466· 7th Cir.· 1992-08-13 ·cited 2×
  The court held that the plaintiff failed to demonstrate a clearly established right to more frequent showers or exercise, and thus defendants are entitled to qualified immunity on those claims. The denial of preliminary injunctive relief was also affirmed.
• Gora v. Costa
  971 F.2d 1325· 7th Cir.· 1992-08-07 ·cited 2×
  The court held that Amelia Gora had standing to bring a Section 1983 claim based on the alleged wrongful entry into her home, and that while questioning about Edmund Gora's current incarceration exceeded impeachment limits, it was admissible for other purposes and not reversible
• Watchorn Ex Rel. Christenson v. Town of Davie
  795 F. Supp. 1112· S.D. Fla.· 1992-08-07 ·cited 2×
  A plaintiff must obtain actual relief on the merits to be considered a prevailing party for attorney's fees under Section 1988, and a zero-dollar verdict does not constitute such relief.
• Turner v. Upton Cnty.
  967 F.2d 181· 5th Cir.· 1992-08-05 ·cited 2×
  The court held that the evidence was insufficient to sustain the jury's verdict against the sheriff and county for violating the plaintiff's due process rights.
• Rock Creek Ltd. P'ship v. State Water Res. Control Bd.
  972 F.2d 274· 9th Cir.· 1992-08-05 ·cited 2×
  The court held that the district court erred in denying attorneys fees solely on the lack of a causal link to the merits decision, as the pendency of the § 1983 action itself may have served as a catalyst for the Board's non-enforcement agreement.
• Swofford v. Sheriff Charles F. Mandrell
  969 F.2d 547· 7th Cir.· 1992-08-04 ·cited 2×
  The court held that the plaintiff's pro se complaint, alleging a pretrial detainee was severely beaten and sexually assaulted in jail without intervention for eight hours, stated a claim under the Fourteenth Amendment for deliberate indifference to serious harm, and thus should n
• Snelling v. Westhoff
  972 F.2d 199· 8th Cir.· 1992-08-03 ·cited 2×
  The court held that the district court properly dismissed the civil rights claims based on prosecutorial and witness immunity, and that the remaining claims were conclusory or lacked factual support. The denial of sanctions was also affirmed.
• Coleman H. Smith v. Travis Cnty. Educ. Dist.
  968 F.2d 453· 5th Cir.· 1992-08-03 ·cited 2×·via 42 U.S.C. § 1983 Action
  The Tax Injunction Act bars federal district courts from entertaining claims challenging state tax systems when a plain, speedy, and efficient remedy exists in state courts.
• Turner v. Chicago Hous. Auth.
  969 F.2d 461· 7th Cir.· 1992-07-29 ·cited 2×
• Sorlucco v. NEW York City Police Dep't
  971 F.2d 864· 2d Cir.· 1992-07-28 ·cited 2×
  The court held that the jury's verdict for the plaintiff on her § 1983 claim was supported by sufficient evidence of a pattern or practice of gender discrimination within the NYPD, and that the plaintiff's Title VII claim should also succeed.
• Weaver v. The Univ. OF Cincinnati
  970 F.2d 1523· 6th Cir.· 1992-07-23 ·cited 2×
  The court held that the district court did not abuse its discretion in denying class certification because the plaintiffs' motivations were unclear and potentially divergent from other class members. The court also addressed the validity of fair share fee procedures and the indem
• John L. v. Adams
  969 F.2d 228· 6th Cir.· 1992-07-17 ·cited 2×
  Incarcerated juveniles possess a constitutional right of access to the courts, which necessitates state provision of attorney access for claims related to their incarceration and constitutional rights, but not for purely state law matters.
• Munson v. Milwaukee Bd. OF Sch. Directors
  969 F.2d 266· 7th Cir.· 1992-07-16 ·cited 2×
  The court held that the district court did not abuse its discretion in awarding attorneys' fees to the defendants because the plaintiff's federal and state law claims were frivolous and lacked a factual basis.
• Carr v. Aubuchon
  969 F.2d 714· 8th Cir.· 1992-07-15 ·cited 2×
  The statute of limitations for the plaintiff's § 1983 claim expired because the five-year period began in 1978 and was not tolled by concealment or fugitive status under Missouri law.
• Gwynedd Props., Inc. v. Lower Gwynedd Twp.
  970 F.2d 1195· 3d Cir.· 1992-07-15 ·cited 2×
  The court held that federal adjudication of most of GPI's claims would not interfere with ongoing state proceedings, thus reversing the district court's dismissal on Younger abstention grounds for those claims.
• Bigelow v. Mich. Dep't OF Natural Res. & David F. Hales
  970 F.2d 154· 6th Cir.· 1992-07-14 ·cited 2×
  The court held that the plaintiffs' federal claims (takings, equal protection, procedural due process) were not ripe for review because they had not exhausted available state remedies, specifically inverse condemnation proceedings.
• Thompson v. James R. Reuting (Police Officer)
  968 F.2d 756· 8th Cir.· 1992-07-07 ·cited 2×
  The court held that the initial stop of the vehicle lacked reasonable articulable suspicion, but the officer seeking the arrest warrant was entitled to qualified immunity. The court reversed the judgment against Officer Hale and affirmed the dismissal of claims against Officer Re
• Gardner v. City OF Baltimore Mayor & City Council
  969 F.2d 63· 4th Cir.· 1992-07-06 ·cited 2×
  The court held that appellants possessed no property interest protected by the Fourteenth Amendment because Baltimore's land-use regulations granted city officials discretion regarding development approval.
• Whitaker v. City OF Houston
  963 F.2d 831· 5th Cir.· 1992-06-26 ·cited 2×
  A plaintiff may seek leave to amend a dismissed complaint, but the right to amend as a matter of course terminates upon dismissal; the district court did not abuse its discretion in denying leave to amend due to undue delay.
• Anastausia Sepulveda v. Ramirez
  967 F.2d 1413· 9th Cir.· 1992-06-26 ·cited 2×
  The court held that a genuine issue of material fact exists regarding whether Officer Ludwig violated Sepulveda's clearly established constitutional right to bodily privacy, thus denying him qualified immunity.
• Conn v. CSO Borjorquez
  967 F.2d 1418· 9th Cir.· 1992-06-26 ·cited 2×
  The court held that the district court abused its discretion by imposing Rule 11 sanctions on defense counsel, vacating the order.
• Lolling v. Patterson
  966 F.2d 230· 7th Cir.· 1992-06-22 ·cited 2×
  The court held that Deputy Lolling's due process claims were barred because his suspension was a random and unauthorized act for which the state provided adequate post-deprivation remedies, and his retaliation claim was barred by res judicata as he had a full and fair opportunity
• Se. Kan. Cmty. Action Program Inc. v. Secretary OF Agriculture OF THE United States
  967 F.2d 1452· 10th Cir.· 1992-06-22 ·cited 2×
  The court held that the district court properly exercised jurisdiction and dismissed the claims, as SEK-CAP failed to establish a property or liberty interest deprivation and the federal regulations were consistent with the Child Nutrition Act.
• Russ v. Uppah
  972 F.2d 300· 10th Cir.· 1992-06-19 ·cited 2×
  Parole board members are entitled to absolute immunity for actions taken in their official duties, but parole officers are entitled only to qualified immunity for such actions.
• Adams v. James
  797 F. Supp. 940· M.D. Fla.· 1992-06-18 ·cited 2×
  The court held that plaintiffs failed to allege facts sufficient to state a claim for a personal constitutional right unique to law clerks, and that qualified immunity applied.
• Malone v. Cnty. OF Suffolk
  968 F.2d 1480· 2d Cir.· 1992-06-15 ·cited 2×
  The court held that an arrest by de facto officers, appointed under color of authority despite procedural defects, does not violate the Fourth Amendment, and the failure to disclose these defects prior to trial does not violate the Sixth Amendment.
• Shea v. Smith
  966 F.2d 127· 3d Cir.· 1992-06-11 ·cited 2×
  Government officials are entitled to qualified immunity when their warrantless search, though not based on a warrant, is reasonably conducted to investigate potential probation violations and does not violate clearly established constitutional rights.
• Enlow v. Tishomingo Cnty.
  962 F.2d 501· 5th Cir.· 1992-06-08 ·cited 2×
  The court held that the district court did not err in denying Officer Wall's motion for summary judgment based on qualified or absolute immunity, as material fact questions remained regarding the alleged constitutional violations and state tort claims.
• DeNIEVA v. Reyes
  966 F.2d 480· 9th Cir.· 1992-06-05 ·cited 2×
  The court held that the Commonwealth of the Northern Mariana Islands (CNMI) is not a 'person' under 42 U.S.C. § 1983, but its official, Reyes, can be sued in his individual capacity for violating a clearly established right to travel. The judgment against the CNMI was reversed, w
• Jolivet v. Deland
  966 F.2d 573· 10th Cir.· 1992-06-04 ·cited 2×
  The court held that the trial court did not abuse its discretion in awarding $250 in compensatory damages and denying punitive damages, nor in denying a jury trial on damages.
• Carroll Olson v. Hart
  965 F.2d 940· 10th Cir.· 1992-06-03 ·cited 2×
  The court held that a pro se litigant's complaint, even if styled as a mandamus petition, could be construed as a habeas corpus petition or a Section 1983 claim for deprivation of due process rights, and thus should not have been dismissed on abstention grounds.
• Schumacher v. Robert N.C. NIX, Jr.
  965 F.2d 1262· 3d Cir.· 1992-06-03 ·cited 2×
  The court held that Pennsylvania Bar Admission Rule 203(a)(2)(ii) does not violate the Equal Protection Clause because it is rationally related to Pennsylvania's legitimate interest in securing mutual treatment for its attorneys seeking admission to other states' bars.
• DOE v. Cowherd
  965 F.2d 109· 6th Cir.· 1992-06-01 ·cited 2×
  The court held that the state's statute is constitutionally infirm for failing to provide for the release of voluntarily admitted patients upon request, but reversed this finding due to lack of a case or controversy. It affirmed that the 'beyond a reasonable doubt' standard of pr
• Minder v. Rigatti
  964 F.2d 1369· 3d Cir.· 1992-05-29 ·cited 2×·via Section 1983
  A district court's dismissal of a complaint for repeated and deliberate defiance of court orders is an appropriate sanction, and appellate courts must give deference to the district court's exercise of discretion.
• Sierra-Serpa v. Martinez
  966 F.2d 1· 1st Cir.· 1992-05-27 ·cited 2×
  The court certified a question of Puerto Rico law to the Supreme Court of Puerto Rico regarding whether Article 40(3) of the Code of Civil Procedure of 1933 excludes time spent imprisoned on a criminal charge from the limitations period, despite the repeal of a statute that suspe
• Timothy Scott McDONALD Barbara J. McDonald v. McCARTHY
  966 F.2d 112· 3d Cir.· 1992-05-27 ·cited 2×
  An appellate court's order directing each party to bear its own costs does not preclude a prevailing party from recovering attorneys' fees under 42 U.S.C. § 1988 for successfully defending a judgment on appeal.
• Cobb v. Saturn Land Co., Inc.
  966 F.2d 1334· 10th Cir.· 1992-05-22 ·cited 2×
  The court held that the ministerial filing of a lien by a county clerk does not constitute state action sufficient for a § 1983 claim, and that Oklahoma's oil and gas lien statutes provide constitutionally adequate procedural protections. The court also affirmed the denial of att
• Corn v. City of Lauderdale Lakes
  794 F. Supp. 364· S.D. Fla.· 1992-05-20 ·cited 2×
  A prevailing party in a Section 1983 action is entitled to reasonable attorneys' fees and costs under Section 1988, with the lodestar calculation adjusted for partial success and contingency risk.
• Cornwell v. Dahlberg
  963 F.2d 912· 6th Cir.· 1992-05-12 ·cited 2×
  The court held that excessive force claims by convicted prisoners must be brought under the Eighth Amendment, not the Fourth, and that prison strip search policies must be reasonably related to legitimate penological interests.
• Gomez v. The United States Dist. Court FOR the N. Dist. OF Cal.
  966 F.2d 463· 9th Cir.· 1992-05-05 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the petition for a writ of mandamus was moot due to subsequent events, including the Supreme Court's ruling and the expiration of the temporary restraining order.
• Parrish v. Donnell Luckie
  963 F.2d 201· 8th Cir.· 1992-04-30 ·cited 2×
  The court held that sufficient evidence supported the jury's finding of a municipal policy or custom of deliberate indifference to police misconduct, and that the admission of prior violent acts was proper to show knowledge of propensity.
• Haymons v. Williams
  795 F. Supp. 1511· M.D. Fla.· 1992-04-30 ·cited 2×
  The court held that the termination of home health care providers under the Medicaid program, which resulted in the cessation of benefits for recipients without prior notice or hearing, constituted a termination of benefits triggering procedural due process rights under the Medic
• Cabral v. Sullivan
  961 F.2d 998· 1st Cir.· 1992-04-17 ·cited 2×
  The court held that allowing alternate jurors to deliberate with the regular jury over counsel's objection constitutes clear error and warrants a new trial, as it violates Federal Rule of Civil Procedure 47 and Local Rule 48.1.
• Holt v. Caspari
  961 F.2d 1370· 8th Cir.· 1992-04-17 ·cited 2×
  The court held that a guilty plea to criminal charges arising from the same incident moots a subsequent appeal regarding the propriety of prison disciplinary proceedings, and that the disciplinary board's decision was supported by some evidence and did not violate due process.