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

• Leshore v. Cnty. OF Worcester
  945 F.2d 471· 1st Cir.· 1991-10-01 ·cited 2×
  The court held that the district court did not abuse its discretion in removing the default judgment against the county and that the jury instructions were not plain error.
• Wilder v. Blanche Bernstein
  944 F.2d 1028· 2d Cir.· 1991-09-24 ·cited 2×
  The court held that intervenors who significantly contributed to a settlement vindicating civil rights are considered 'prevailing parties' entitled to attorneys' fees under 42 U.S.C. § 1988, even if they did not assert their own direct civil rights claims.
• In re Sierra Club v. State of S.C.
  945 F.2d 776· 4th Cir.· 1991-09-20 ·cited 2×
  The court held that the district court abused its discretion in denying the Sierra Club's motions to intervene as a matter of right in both the ThermalKEM and Hazardous Waste Treatment Council cases.
• Len Martucci v. Avery Johnson
  944 F.2d 291· 6th Cir.· 1991-09-12 ·cited 2×
  The court held that administrative segregation for escape prevention, based on credible information, does not violate due process rights, and mail restrictions are permissible if reasonably related to penological interests.
• Livadas v. Aubry
  987 F.2d 552· 9th Cir.· 1991-09-11 ·cited 2×
  The court held that the state Labor Commissioner's policy of refusing to enforce state-law wage claims for employees covered by a collective bargaining agreement, based on a mistaken interpretation of federal preemption, impermissibly burdens employees' rights under the NLRA.
• Scher v. Engelke
  943 F.2d 921· 8th Cir.· 1991-09-11 ·cited 2×
  The court held that retaliatory cell searches and conduct violations can constitute an Eighth Amendment violation, even without physical pain, and that the prison guard was not entitled to qualified immunity.
• Barlow v. Officer George Ground
  943 F.2d 1132· 9th Cir.· 1991-09-05 ·cited 2×
  The court held that disputed facts precluded summary judgment on claims of unlawful arrest, excessive force, and qualified immunity for the warrantless blood draw, but affirmed qualified immunity for the second blood draw conducted under a facially valid warrant.
• Campbell v. City OF Champaign
  940 F.2d 1111· 7th Cir.· 1991-08-23 ·cited 2×
  An employee handbook does not create a Fourteenth Amendment property interest in continued employment if it does not clearly promise job security and the governing ordinance states employment is at-will.
• Bartunek v. Gary Bubak, M.D.
  941 F.2d 726· 8th Cir.· 1991-08-22 ·cited 2×
  The court held that the district court improperly granted an extension of time to file a notice of appeal ex parte and applied the wrong standard, requiring remand for reconsideration.
• Martin and Victoria Simescu v. Emmet Cnty. Dep't OF Soc. Servs.
  942 F.2d 372· 6th Cir.· 1991-08-19 ·cited 2×
  The court held that the private non-profit corporation was not acting under color of state law for purposes of a § 1983 claim, and its actions did not constitute gross negligence.
• Coday v. City OF Springfield
  939 F.2d 666· 8th Cir.· 1991-07-31 ·cited 2×
  The court held that the city council's legislative authority to reclassify employees and set policy was not limited by charter provisions designed for administrative actions, thus no constitutionally protected property interest was violated.
• Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg'l Planning Agency
  938 F.2d 153· 9th Cir.· 1991-07-08 ·cited 2×
  The court held that claims for damages arising from a temporary taking are not mooted by subsequent regulatory changes and that certain claims were ripe for review, reversing in part and affirming in part the lower court's decisions.
• Schuldt v. Mankato Indep. Sch.
  937 F.2d 1357· 8th Cir.· 1991-07-05 ·cited 2×
  The court held that a school district's procedural violations do not mandate a specific remedy if the child is otherwise receiving a free appropriate public education in the least restrictive environment. The court also affirmed that cost can be a factor in placement decisions un
• Plott v. Griffiths
  938 F.2d 164· 10th Cir.· 1991-07-01 ·cited 2×
  The court held that a plaintiff who prevails on a state statutory claim, which is factually related to a substantial federal constitutional claim, is entitled to attorney's fees under 42 U.S.C. § 1988, even if the constitutional claim is not decided.
• Arthuro Q. Bermudez v. Duenas
  936 F.2d 1064· 9th Cir.· 1991-06-18 ·cited 2×
  The Guam parole statute creates a liberty interest protected by due process, requiring reversal of the dismissal of the due process claim. Other claims were properly dismissed.
• Miltier v. Downes
  935 F.2d 660· 4th Cir.· 1991-06-11 ·cited 2×
  The court vacated the Rule 11 sanctions and remanded for reconsideration, finding the district court did not adequately assess counsel's conduct from an ex ante perspective and failed to consider the least severe sanction adequate to serve Rule 11's purposes.
• Chowaniec v. Arlington Park Race Track
  934 F.2d 128· 7th Cir.· 1991-06-07 ·cited 2×
  The court held that the Supreme Court's decision in Kay v. Ehrler, which prohibits pro se attorneys from recovering fees under section 1988, applies retroactively and governs the appeal, and that the defendants' failure to cross-appeal prevents challenging the initial fee award.
• Terrell v. R.D. Brewer
  935 F.2d 1015· 9th Cir.· 1991-06-05 ·cited 2×
  The court held that dismissal for failure to exhaust administrative remedies should be without prejudice, and affirmed summary judgment for one defendant while reversing and remanding the dismissal of another.
• Piesco v. The City OF NEW York
  933 F.2d 1149· 2d Cir.· 1991-06-03 ·cited 2×
  The court held that the district court erred in dismissing Dr. Piesco's First Amendment claim because her truthful testimony before a legislative committee on a matter of public concern, despite its potentially controversial nature, should be afforded significant weight under the
• Reprinted Opinion Derek Vinson v. Heckmann
  940 F.2d 114· 5th Cir.· 1991-05-22 ·cited 2×
  The court held that the inmate's appeal was frivolous and affirmed the dismissal of his § 1983 suit and denial of counsel, imposing sanctions to prevent future frivolous filings.
• Cuban Museum of Arts & Culture, Inc. v. City of Miami
  766 F. Supp. 1121· S.D. Fla.· 1991-05-21 ·cited 2×
  The court held that the City of Miami's decision to deny the Cuban Museum continued possession of its leased premises was substantially motivated by the Museum's exercise of its First Amendment rights in exhibiting controversial art, and thus the City's actions were unconstitutio
• Tekkno Labs., Inc. v. Perales
  933 F.2d 1093· 2d Cir.· 1991-05-20 ·cited 2×
  The court held that the Eleventh Amendment bars suits seeking to tap the state treasury for past wrongs or due process claims involving property interests, absent a waiver of immunity.
• Wayland v. The City OF Springdale
  933 F.2d 668· 8th Cir.· 1991-05-17 ·cited 2×
  The court held that a factual dispute existed regarding the necessity of the delay in the arrestee's arraignment, precluding summary judgment on the Gerstein claim, but affirmed summary judgment on the Fourteenth Amendment claim as the facts only supported negligence.
• Picon v. Morris
  933 F.2d 660· 8th Cir.· 1991-05-16 ·cited 2×
  The court held that the district court abused its discretion in denying the Rule 60(b) motion because the dismissal order may have dissolved the consent decree, requiring relief for McBride to pursue a contempt action.
• Forte v. Sullivan
  935 F.2d 1· 1st Cir.· 1991-05-16 ·cited 2×
  The court held that the district court's dismissal of the plaintiff's complaint was premature and vacated the dismissal, remanding for further proceedings.
• Balaguer-Santiago v. Hon. Jaime Torres-Gaztambide
  932 F.2d 1015· 1st Cir.· 1991-05-14 ·cited 2×
  The court held that a politically motivated demotion, as opposed to a constructive discharge, was not a clearly established constitutional violation in 1985, thus entitling officials to qualified immunity.
• Telena D. Woolsey v. Hunt
  932 F.2d 555· 6th Cir.· 1991-05-09 ·cited 2×
  The court held that the plaintiff did not possess a constitutionally protected property interest in continued employment because Tennessee law does not recognize implied contracts for such employment.
• Am. Fire v. Roxani M. Gillespie
  932 F.2d 816· 9th Cir.· 1991-05-08 ·cited 2×
  Qualified immunity is an affirmative defense only to damage liability and does not bar actions for declaratory or injunctive relief.
• McKEEVER v. Block
  932 F.2d 795· 9th Cir.· 1991-05-02 ·cited 2×
  The court held that the amended complaint was not frivolous and therefore the plaintiff's refusal to file a second amended complaint did not constitute an unreasonable failure to prosecute.
• Miss. Prot. & Advocacy Sys., Inc. v. Cotten
  929 F.2d 1054· 5th Cir.· 1991-04-29 ·cited 2×
  The court held that the Center's restrictive visitation policies interfered with the Mississippi Protection and Advocacy System's (MP & A) ability to effectively advocate for residents, violating the Developmental Disabilities Act, and affirmed the district court's grant of summa
• Larry v. White
  929 F.2d 206· 5th Cir.· 1991-04-24 ·cited 2×
  The court held that the plaintiffs failed to demonstrate a genuine issue of material fact regarding racial discrimination in their dental licensing examinations, thus affirming the grant of summary judgment.
• Wedemeier v. City OF Ballwin
  931 F.2d 24· 8th Cir.· 1991-04-23 ·cited 2×
  The court held that the city was not liable under 42 U.S.C. § 1983 as there was no evidence of a municipal policy or custom causing the officers' misconduct. The court also affirmed the denial of certain costs but remanded for reconsideration of attorney's fees.
• Holmes v. Sheriff Michael Sheahan & Dr. John Raba
  930 F.2d 1196· 7th Cir.· 1991-04-22 ·cited 2×
  The court held that the plaintiff failed to present sufficient evidence that a County policy or custom caused the denial of medical care, thus reversing the denial of summary judgment on official capacity claims.
• Gaines v. Davis
  928 F.2d 705· 5th Cir.· 1991-04-15 ·cited 2×
  The court held that an order delaying a ruling on qualified immunity until after depositions, without limiting the scope of those depositions, is overly broad and immediately appealable.
• Wetzel v. Hoffman
  928 F.2d 376· 11th Cir.· 1991-04-11 ·cited 2×
  The court held that a city can be liable under 42 U.S.C. § 1983 for retaliatory actions taken by a final policymaker or pursuant to a municipal custom or policy, even if those actions were illegal. The dismissal was premature as the plaintiff may be able to prove facts supporting
• Davies v. Grossmont Union High Sch. Dist.
  930 F.2d 1390· 9th Cir.· 1991-04-08 ·cited 2×
  A settlement agreement provision barring a party from seeking or holding elective office is void as against public policy, as the public interest in the right to vote and elect representatives outweighs the interest in enforcing such a private agreement.
• E. Jean (Calloway) Carter v. Sedgwick Cnty.
  929 F.2d 1501· 10th Cir.· 1991-04-08 ·cited 2×
  The court held that a discriminatory discharge claim is not actionable under 42 U.S.C. § 1981 following Patterson v. McLean, but may be actionable under Title VII. Awards of damages and attorney's fees under § 1981 are vacated, and the case is remanded for clarification of Title
• Grace v. Wainwright
  761 F. Supp. 1520· M.D. Fla.· 1991-03-28 ·cited 2×
  Summary judgment for defendants is granted because the plaintiff failed to demonstrate genuine issues of material fact regarding his claims of cruel and unusual punishment and deliberate indifference to medical needs.
• Vahlsing v. Commercial Union Ins. Co., Inc.
  928 F.2d 486· 1st Cir.· 1991-03-22 ·cited 2×
  The court held that the jury's verdict for the defendant on all counts was supported by sufficient evidence and proper jury instructions, affirming the district court's judgment.
• Benton D. Burt v. Hennessey
  929 F.2d 457· 9th Cir.· 1991-03-21 ·cited 2×
  A pro se litigant is entitled to recover actual costs reasonably incurred to the extent that an attorney representing them could have claimed those costs under a Section 1988 award, notwithstanding contrary local rules.
• Caldwell v. LeFAVER
  928 F.2d 331· 9th Cir.· 1991-03-20 ·cited 2×
  The social workers' conduct is shielded by qualified immunity because they did not violate clearly established constitutional or statutory rights of the parent.
• Sassower v. Carlson
  930 F.2d 583· 8th Cir.· 1991-03-15 ·cited 2×
  The court held that the district court correctly dismissed the appellant's frivolous actions and properly enjoined him from filing further civil actions without court leave.
• Lynwood A. Croft v. Harder
  927 F.2d 1163· 10th Cir.· 1991-03-13 ·cited 2×
  The court held that the Eleventh Amendment bars the section 1983 suit against the hospital and defendants in their official capacities, and qualified immunity shields individual defendants.
• Fitzgerald v. Sgt. M.E. Patrick
  927 F.2d 1037· 8th Cir.· 1991-03-08 ·cited 2×
  The court held that law enforcement officers were justified in using deadly force under the circumstances, and thus were entitled to qualified immunity.
• Greenidge v. Ernestine Ruffin
  927 F.2d 789· 4th Cir.· 1991-03-08 ·cited 2×
  The court held that a trial court is required to give contemporaneous written reasons when departing downward from the guidelines, even when modifying a sentence pursuant to a motion.
• Vaughan v. Grijalva
  927 F.2d 476· 9th Cir.· 1991-03-01 ·cited 2×
  The court held that the district court erred in dismissing the prisoners' claims based on the statute of limitations without sufficient evidence of when the prisoners knew or reasonably should have known of their right to bring the action.
• Joellyn Gray v. Beavers
  927 F.2d 69· 2d Cir.· 1991-03-01 ·cited 2×
  The court held that a town charter provision requiring a referendum vote to overturn a town meeting decision to exceed 25% of all eligible voters is constitutional and that plaintiffs failed to present evidence of injury from alleged conspiracy to deprive them of civil rights.
• Moore v. Long
  924 F.2d 586· 5th Cir.· 1991-02-28 ·cited 2×
  The court held that the amended complaint adding a new defendant did not relate back to the original complaint because the new defendant did not receive timely notice within the limitations period.
• Brogsdale v. Barry
  926 F.2d 1184· D.C. Cir.· 1991-02-26 ·cited 2×
  Officials are protected by qualified immunity and cannot be held personally liable for inmate injuries resulting from prison overcrowding and a riot, as the constitutional law was not sufficiently clear in 1983.
• Adams v. Lindsey
  759 F. Supp. 795· S.D. Fla.· 1991-02-14 ·cited 2×
  The court held that it was clearly established in May 1985 that intentionally ramming a fleeing suspect's car at high speed constitutes an unreasonable seizure under the Fourth Amendment, thus denying defendants qualified immunity.