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

• Purnell v. City OF Akron
  925 F.2d 941· 6th Cir.· 1991-02-13 ·cited 2×
  The court held that the denial of the Campbells' motion to intervene as a matter of right was appealable and that they met the requirements for intervention.
• Dashiell v. Montgomery Cnty.
  925 F.2d 750· 4th Cir.· 1991-02-13 ·cited 2×
  The First Amendment, as interpreted by Hudson, requires unions to provide nonmembers with adequate advance notice of collective bargaining fees, including major expense categories, dollar amounts, and verification by an independent auditor, but does not require the auditor to mak
• Gray v. Detective Spillman
  925 F.2d 90· 4th Cir.· 1991-02-07 ·cited 2×
  Serious physical injury is not an essential element of a 42 U.S.C. § 1983 claim when the allegation is being beaten or threatened during custodial interrogation. Summary judgment for the officers is reversed because the plaintiff's testimony creates a genuine issue of material fa
• Boyle v. Burke
  925 F.2d 497· 1st Cir.· 1991-02-06 ·cited 2×
  The court held that defendants are entitled to qualified immunity for actions taken before the 1986 amendment to the V.R.R.A. and for constitutional claims, but not necessarily for actions taken after the 1986 amendment or for bad faith implementation of the amended policy.
• Church of Scientology Flag Servs. Org., Inc. v. City of Clearwater
  756 F. Supp. 1498· M.D. Fla.· 1991-02-04 ·cited 2×
  The Court holds that Scientology has standing to sue and that Clearwater Ordinance 3479-84 is constitutional. The Court grants Scientology's motion for partial summary judgment on standing but denies it on other issues, while denying Clearwater's motion on standing but granting i
• Dean v. City OF Worcester
  924 F.2d 364· 1st Cir.· 1991-01-23 ·cited 2×
  The court held that the officers' use of force was objectively reasonable under the Fourth Amendment and state law, and thus summary judgment for the defendants was proper.
• Carelli v. Howser
  923 F.2d 1208· 6th Cir.· 1991-01-18 ·cited 2×
  The court held that while plaintiffs are beneficiaries of Title IV-D, the comprehensive remedial scheme provided by Congress forecloses a private right of action under 42 U.S.C. § 1983 for alleged statutory violations.
• Fields v. Sarasota-Manatee Airport Auth.
  755 F. Supp. 377· M.D. Fla.· 1991-01-14 ·cited 2×
  The court held that plaintiffs' federal claims were barred by res judicata and collateral estoppel due to prior state court litigation on the same issues.
• Harris v. Evans
  920 F.2d 864· 11th Cir.· 1991-01-10 ·cited 2×
  The court held that an inmate has standing to challenge a Department of Corrections policy prohibiting employees from making parole recommendations directly to the parole board, and that the policy likely violates the First Amendment.
• Holt v. Caspari
  923 F.2d 103· 8th Cir.· 1991-01-09 ·cited 2×
  The court granted the appellees' petition for rehearing by the panel, vacated its previous decision, and denied the suggestion for rehearing en banc.
• Delbert Biddison v. City OF Chicago
  921 F.2d 724· 7th Cir.· 1991-01-09 ·cited 2×
  The court held that the plaintiff's Fifth Amendment taking claim was not ripe for adjudication because he failed to first pursue available state remedies for just compensation.
• Gegenheimer v. Raoul A. "Skip" Galan, Jr.
  920 F.2d 307· 5th Cir.· 1991-01-09 ·cited 2×
  A successor clerk of court, sued in his official capacity, is liable for an intentional tort committed by his predecessor, as the liability attaches to the office, not the individual.
• Mazie Keller v. Prince George's Cnty.
  923 F.2d 30· 4th Cir.· 1991-01-08 ·cited 2×
  The Department of Social Services is a state agency immune from suit under the Eleventh Amendment, and the plaintiff's motion to amend her complaint to add individual defendants was properly denied.
• Friend v. Kolodzieczak
  923 F.2d 126· 9th Cir.· 1991-01-03 ·cited 2×
  A prison regulation prohibiting inmates from possessing rosaries and scapulars in their cells is valid if reasonably related to legitimate penological interests.
• O'Loughlin v. DOE
  920 F.2d 614· 9th Cir.· 1990-12-12 ·cited 2×
  The court held that the district court did not abuse its discretion in denying in forma pauperis status but did err in imposing special conditions on future filings without adequate notice or findings.
• Martinez-Velez v. Simonet
  919 F.2d 808· 1st Cir.· 1990-11-28 ·cited 2×
  The court held that the licensing board was justified in withholding the appellant's examination scores and license pending the resolution of a legitimate ethical investigation, as he had not yet established a clear entitlement to the license.
• Nicholas v. Celia
  918 F.2d 1017· 1st Cir.· 1990-11-16 ·cited 2×
  Prosecutors are absolutely immune from suit for actions taken in their quasi-judicial capacity, including initiating prosecution and presenting evidence to a grand jury, even if those actions are alleged to be misconduct.
• Long v. Collins
  917 F.2d 3· 5th Cir.· 1990-11-13 ·cited 2×·via 42 U.S.C. § 1983 Claim
  The court held that inmates' claims for equitable relief must be pursued through the existing Ruiz class action, and their claim for punitive damages is frivolous.
• Miles v. Metro. Dade Cnty.
  916 F.2d 1528· 11th Cir.· 1990-11-09 ·cited 2×
  The court held that billing court costs to tenants against whom eviction actions were improperly brought is illegal. However, tenants against whom eviction actions were properly brought and who subsequently paid court costs are not entitled to relief under the Brooke Amendment an
• Town OF Lake Clarke Shores v. Page
  569 So. 2d 1256· Fla.· 1990-11-08 ·cited 2×
  The Florida Supreme Court held that state trial courts have subject matter jurisdiction over 42 U.S.C. § 1983 actions against municipalities, rejecting the town's sovereign immunity defense. Following the U.S. Supreme Court's decision in Howlett v. Rose, the court clarified that
• Sutton v. Evans
  918 F.2d 654· 6th Cir.· 1990-11-08 ·cited 2×
  The Eleventh Amendment bars a preliminary injunction ordering state officials to pay supplemental compensation to plaintiffs, as such relief is not ancillary to prospective relief.
• Young v. Biggers
  917 F.2d 873· 5th Cir.· 1990-11-06 ·cited 2×
• Ross v. Zavarella
  916 F.2d 898· 3d Cir.· 1990-10-22 ·cited 2×
  The court held that the appeal must be dismissed for want of an appealable order because the plaintiff failed to demonstrate irreparable injury or that the order could only be effectively challenged by immediate appeal.
• Coriz v. Martinez
  915 F.2d 1469· 10th Cir.· 1990-10-16 ·cited 2×
  The court held that the defendants were qualifiedly immune because the law regarding the adequacy of New Mexico's post-deprivation remedies was not clearly established at the time of the incident.
• Elder S. Chambers v. Maher
  915 F.2d 1141· 7th Cir.· 1990-10-15 ·cited 2×
  The court held that a reasonable jury could have found that Captain Maher acted reasonably in believing that the seized property (vinyl bag, Bible, pamphlets) was relevant to a noise pollution prosecution, thus reversing the JNOV.
• Murray v. Leyshock
  915 F.2d 1196· 8th Cir.· 1990-10-03 ·cited 2×
  The dissenting judge argues that the magistrate and the majority opinion improperly engaged in fact-finding, usurping the jury's role. The dissent contends that the jury had ample evidence to find that the officer negligently performed a ministerial duty by discharging his weapon
• Simon & Schuster, Inc. v. Gennaro Fischetti
  916 F.2d 777· 2d Cir.· 1990-10-03 ·cited 2×
  The statute, by targeting speech based on its content, violates the First Amendment because it is not narrowly tailored to serve a compelling state interest and is not the least restrictive means of achieving its objective.
• Kerr-McGEE Chem. Corp. v. City OF W. Chicago
  914 F.2d 820· 7th Cir.· 1990-09-20 ·cited 2×
  The court held that the Atomic Energy Act does not preempt a municipal ordinance that on its face targets only health and safety hazards unrelated to radiation hazards, and that Kerr-McGee stated a cause of action under 42 U.S.C. § 1983 to enforce its federal rights under the AEA
• Sinicropi v. Milone
  915 F.2d 66· 2d Cir.· 1990-09-19 ·cited 2×
  The court held that the district court erred in dismissing the case based on collateral estoppel because the parties had previously entered into a stipulation waiving those defenses.
• Miyuki Murphy v. City OF Long Beach
  914 F.2d 183· 9th Cir.· 1990-09-14 ·cited 2×
  The court held that a judgment notwithstanding the verdict (JNOV) entered on grounds not raised in the party's motion for directed verdict must be reversed. However, the court affirmed the conditional grant of a new trial, finding no abuse of discretion.
• Black Ass'n OF NEW Orleans Fire Fighters (Banoff) v. The City OF NEW Orleans
  911 F.2d 1063· 5th Cir.· 1990-09-14 ·cited 2×
  The court held that the appeal of the attorney's fee award was timely, but remanded the case because the district court failed to provide sufficient reasoning for the amount awarded.
• McCORD v. Maggio
  910 F.2d 1248· 5th Cir.· 1990-09-07 ·cited 2×
  The court held that the prisoner's claims regarding denial of due process and medical care were properly dismissed, but the claim regarding conditions of confinement requires further factual findings.
• Advance Tank & Constr. Co., Inc. v. Arab Water Works
  910 F.2d 761· 11th Cir.· 1990-09-05 ·cited 2×
  A governmental body's decision to reject the apparent low bidder for a public construction project is not arbitrary and capricious if it has bona fide, rational, and articulable reasons, even if the decision-making process was flawed.
• Crooks v. Maynard
  913 F.2d 699· 9th Cir.· 1990-08-31 ·cited 2×
  The court held that Judge Maynard is protected by absolute judicial immunity because issuing a contempt citation to enforce a judicial order constitutes a judicial act performed within his colorable jurisdiction.
• Henson v. Sgt. T.S. Falls
  912 F.2d 977· 8th Cir.· 1990-08-29 ·cited 2×
  The court held that the magistrate made improper credibility determinations and misapplied the standard for a directed verdict, thus denying the plaintiff his right to a jury trial.
• Sch. Dist. FOR the City OF Royal OAK v. Cont'l Cas. Co.
  912 F.2d 844· 6th Cir.· 1990-08-22 ·cited 2×
  Michigan public policy does not bar insurance coverage for intentional civil rights violations, and a contractual exclusion does not apply when liability exists independent of contract. However, the reasonableness of the settlement amount is a question of fact for trial.
• Allen v. City OF Beverly Hills
  911 F.2d 367· 9th Cir.· 1990-08-21 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the appellant failed to allege facts sufficient to establish a constitutionally protected property interest in continued employment, and therefore, the district court did not err in dismissing the action or denying leave to amend.
• S. Ridge Baptist Church v. Indus. Comm'n OF Ohio
  911 F.2d 1203· 6th Cir.· 1990-08-17 ·cited 2×
  The court affirmed the district court's decision, finding no less restrictive means for workers' compensation coverage for church-related employees than Ohio has taken.
• Magula v. Broward Gen. Med. Ctr.
  742 F. Supp. 645· S.D. Fla.· 1990-08-15 ·cited 2×
  The North Broward Hospital District is not entitled to Eleventh Amendment immunity because it is sufficiently independent from the state, and therefore, the hospital's motion for summary judgment is denied.
• Marlin E. "Bill" Jones v. Gutschenritter
  909 F.2d 1208· 8th Cir.· 1990-07-31 ·cited 2×
  The court held that a jury could find that a police officer's presence and actions during a private party's disconnection of electrical service constituted state action, thus reversing the directed verdict.
• Welch v. Fritz
  909 F.2d 1330· 9th Cir.· 1990-07-27 ·cited 2×
  The appeal from the civil rights action dismissal is dismissed as untimely, and the dismissal of the habeas corpus petition is affirmed.
• Bianchi v. Bellingham Police Dep't
  909 F.2d 1316· 9th Cir.· 1990-07-26 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that actual, uninterrupted incarceration is the touchstone for determining disability by incarceration under Washington's tolling provision, allowing the statute of limitations to be tolled.
• Huston v. Cranston J. Mitchell
  908 F.2d 275· 8th Cir.· 1990-07-06 ·cited 2×
  The court held that it lacked jurisdiction over the Johnmeyer appeal due to a failure to file a separate notice of appeal, and affirmed the dismissal of the Mitchell case as moot.
• Munz v. Crispus C. NIX
  908 F.2d 267· 8th Cir.· 1990-07-05 ·cited 2×
  The court should affirm the stay and allow the district court to consider remaining issues after state exhaustion.
• Dunavant v. Moore
  907 F.2d 77· 8th Cir.· 1990-07-03 ·cited 2×
• Benitez v. Wolff
  907 F.2d 1293· 2d Cir.· 1990-06-28 ·cited 2×
  The court held that the district court erred in sua sponte dismissing the pro se complaint as frivolous because the plaintiff stated a colorable claim of due process violation.
• Duvall v. Sharp
  905 F.2d 1188· 8th Cir.· 1990-06-14 ·cited 2×
  The court held that the district court erred in granting summary judgment for the defendants on the conspiracy/retaliation claim and the unlawful arrest claims, and that the plaintiff is entitled to nominal damages.
• Hoffmann v. The Mayor
  905 F.2d 229· 8th Cir.· 1990-06-11 ·cited 2×
  A public employee's grievance filing, concerning only their personal employment dispute and not raising broader issues of public interest, does not constitute protected speech under the First Amendment.
• Sandsbury LEE v. Dugger
  902 F.2d 822· 11th Cir.· 1990-06-04 ·cited 2×
  Government officials are entitled to qualified immunity if their conduct does not violate clearly established statutory or constitutional rights. A single intermediate appellate court decision construing a statute is insufficient to establish clarity for qualified immunity purpos
• Pittman v. Gaines
  905 F.2d 199· 8th Cir.· 1990-06-04 ·cited 2×
  The court held that the district court did not err in granting summary judgment, as the plaintiff's claim was barred by the statute of limitations and no liberty interest in parole was established by the cited statutes or regulations.