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

• Rathert v. Vill. OF Peotone
  903 F.2d 510· 7th Cir.· 1990-06-01 ·cited 2×
  A police department regulation prohibiting male officers from wearing ear studs off-duty is permissible if the decision-makers rationally perceived a community attitude that such conduct would impair the officers' effectiveness.
• Shawki R. Ibrahim v. NEW York State Dep't OF Health
  904 F.2d 161· 2d Cir.· 1990-05-25 ·cited 2×
  The court held that the Department's reasons for not promoting the appellant were pretextual and constituted a violation of Title VII, reversing the district court's decision.
• Thomas v. City OF NEW Albany
  901 F.2d 476· 5th Cir.· 1990-05-18 ·cited 2×
  The court held that the Supreme Court's decision in Owens v. Okure should be applied to the plaintiff's case, even if viewed as a retroactivity issue, because no inequity resulted from its application.
• Vukadinovich v. McCARTHY
  901 F.2d 1439· 7th Cir.· 1990-05-14 ·cited 2×
  The court held that the plaintiff failed to present sufficient evidence to establish a Monell claim for deliberate indifference to training or inadequate investigation, and that his other claims were procedurally barred or without merit.
• Morgan v. The City OF DeSOTO
  900 F.2d 811· 5th Cir.· 1990-05-10 ·cited 2×
  The court held that summary judgment was improper for the arresting officers and the City of DeSoto because genuine issues of material fact existed regarding probable cause and qualified immunity, and potential municipal liability. Summary judgment for other defendants was affirm
• Burton v. Nault
  902 F.2d 4· 6th Cir.· 1990-05-04 ·cited 2×
  Prison officials' opening and reading of an inmate's unmailed letter to his attorney was justified under the First Amendment when done to investigate a potential suicide involving drug use.
• Scott v. James
  902 F.2d 672· 8th Cir.· 1990-05-03 ·cited 2×
  The court affirmed the district court's judgment, holding that the plaintiff failed to demonstrate sufficient prejudice from defense counsel's improper remarks or other alleged errors to warrant a new trial.
• Westborough Mall, Inc. v. City OF Cape Girardeau
  901 F.2d 1479· 8th Cir.· 1990-05-01 ·cited 2×
  The court reserved judgment on the City's liability for the city manager's actions pending a determination of damages, remanding for that purpose.
• Rogers v. Fair
  902 F.2d 140· 1st Cir.· 1990-04-30 ·cited 2×
  The court held that the plaintiff prisoner failed to present sufficient evidence that his furlough was denied due to the religious background of his sponsors, thus reversing the denial of summary judgment.
• Melva Pressey v. Kendall R. Patterson
  898 F.2d 1018· 5th Cir.· 1990-04-23 ·cited 2×
  The court held that striking the City's answer and entering a default judgment for discovery abuse was an abuse of discretion, as the misconduct did not rise to the level of bad faith or willful abuse required for such a severe sanction.
• Ryan v. Clemente
  901 F.2d 177· 1st Cir.· 1990-04-17 ·cited 2×
  The court affirmed the district court's imposition of Rule 11 sanctions against an attorney for filing a complaint without reasonable inquiry into its factual and legal basis.
• O'Reilly v. Cnty. Bd. OF Appeals FOR Montgomery Cnty.
  900 F.2d 789· 4th Cir.· 1990-04-13 ·cited 2×
  The dissenting judge believes the district court properly applied issue preclusion, barring the appellant from relitigating claims already rejected by the state court.
• Solimino v. Astoria Fed. Sav. & Loan Ass'n
  901 F.2d 1148· 2d Cir.· 1990-04-12 ·cited 2×
  Judicially unreviewed findings of a state agency have no preclusive effect in federal Age Discrimination in Employment Act (ADEA) suits.
• Jones v. City OF Hamtramck
  905 F.2d 908· 6th Cir.· 1990-04-10 ·cited 2×
  The Sixth Circuit held that the Michigan tolling statute for imprisonment does not apply to a plaintiff who was merely under arrest when their cause of action accrued, as the statute requires actual imprisonment.
• N.A.A.C.P. v. Detroit Police Officers Ass'n (Dpoa)
  900 F.2d 903· 6th Cir.· 1990-04-09 ·cited 2×
  The court held that while the district court erred in dismissing the case as moot, the plaintiffs' claims were ultimately barred by Title VII's Section 703(h) protection for bona fide seniority systems, even when brought under §§ 1981 and 1983.
• Molinelli v. Tucker
  901 F.2d 13· 2d Cir.· 1990-04-09 ·cited 2×
  The court held that the law regarding urine testing as a Fourth Amendment search was not clearly established in October 1986, thus qualified immunity was available to the prison officials.
• Am. Fed'n OF State v. Tristano
  898 F.2d 1302· 7th Cir.· 1990-04-06 ·cited 2×
  The court held that the district court erred in applying Younger abstention to claims for prospective relief, but affirmed dismissal of claims for monetary and retroactive relief based on Eleventh Amendment immunity.
• Wal-Juice BAR, Inc. v. Maher
  899 F.2d 1502· 6th Cir.· 1990-04-05 ·cited 2×
  A federal court must have a substantial federal question to exercise pendent jurisdiction over state law claims; otherwise, the complaint should be dismissed for lack of jurisdiction.
• Fla. Paraplegic Ass'n v. Martinez
  734 F. Supp. 997· S.D. Fla.· 1990-03-30 ·cited 2×
  The court held that plaintiff has standing to sue for nominal damages and that defendants, sued in their official capacities, are not 'persons' under 42 U.S.C. § 1983, but can be sued individually if they violated clearly established constitutional rights.
• Lawler v. Marshall
  898 F.2d 1196· 6th Cir.· 1990-03-26 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court erred in dismissing the prisoner's civil rights action as frivolous under 28 U.S.C. § 1915(d) because the complaint stated an arguable legal claim based on rational facts, and the denial of leave to amend was an abuse of discretion.
• Mason v. Sargent
  898 F.2d 679· 8th Cir.· 1990-03-20 ·cited 2×
  The court held that there was no evidence in the record to support the defendants' claim that Mason violated prison regulations.
• King v. Goldsmith
  897 F.2d 885· 7th Cir.· 1990-03-12 ·cited 2×
  A criminal conviction does not bar a civil rights suit against law enforcement officers if the conviction was procured by fraud.
• Hodges v. Dep't OF Corr.
  895 F.2d 1360· 11th Cir.· 1990-03-08 ·cited 2×
  Orders denying the appointment of counsel in Title VII cases are not immediately appealable under the Cohen exception to the final judgment rule.
• Lindsey v. Wells
  901 F.2d 96· 8th Cir.· 1990-03-05 ·cited 2×
  The court held that a claim attacking the fact or length of confinement requires exhaustion of state remedies before federal court intervention.
• Pachaly v. City OF Lynchburg
  897 F.2d 723· 4th Cir.· 1990-03-02 ·cited 2×
  The court held that a jury could reasonably find that the search exceeded the warrant's scope and that the prosecutor may not be entitled to absolute immunity if investigating crimes beyond the indictment.
• Kerr Ctr. Parents Assoc. v. Charles
  897 F.2d 1463· 9th Cir.· 1990-02-26 ·cited 2×
  The court held that while the state violated the EAHCA by failing to adequately fund education for handicapped children, the district court's specific relief order was too prescriptive. The court also found that exhaustion of administrative remedies was not required due to futili
• Alan J. Mishler, M.D. v. Nev. State Bd. OF Med. Exam'rs
  896 F.2d 408· 9th Cir.· 1990-02-16 ·cited 2×
  The court held that the defendants did not deprive the plaintiff of any protected interest, and therefore, no due process violation occurred.
• Khalil-Ullah Al-Muhaymin v. Jones
  895 F.2d 1147· 6th Cir.· 1990-02-15 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that venue was proper under 28 U.S.C. § 1392(a) when defendants reside in different districts within the same state, and the district court erred in dismissing the action sua sponte.
• Fetus Cornwell v. City OF Riverside
  896 F.2d 398· 9th Cir.· 1990-02-15 ·cited 2×
  A city may pay punitive damages awarded against its employees in a civil rights action if the city determines it is in its best interest and the employees acted in good faith.
• Tarka v. Franklin
  891 F.2d 102· 5th Cir.· 1989-12-29 ·cited 2×
  A rejected applicant who audits courses is not a "student" under FERPA with a right to access admission files and recommendation letters.
• Lehnert v. The Ferris Faculty Association-Mea-Nea
  893 F.2d 111· 6th Cir.· 1989-12-12 ·cited 2×
  The court held that the district court did not err in dissolving the injunction after the union revised its service fee procedures to meet constitutional standards, and that the procedures satisfied the requirements of Hudson.
• Katz v. Morgenthau
  892 F.2d 20· 2d Cir.· 1989-12-12 ·cited 2×
  The court held that the district court erred in dismissing a 42 U.S.C. § 1983 claim alleging an illegal search and seizure violating the Fourth Amendment, but affirmed the dismissal of all other claims.
• Sanchez v. Vild
  891 F.2d 240· 9th Cir.· 1989-12-07 ·cited 2×
  The court held that a difference of medical opinion regarding treatment does not constitute deliberate indifference to serious medical needs, and affirmed the grant of summary judgment.
• Moore v. City OF Paducah
  890 F.2d 831· 6th Cir.· 1989-11-29 ·cited 2×
  The court affirmed the lower court's decision, finding no direct evidence or reasonable inference of a conspiracy by the private citizen defendant.
• Woods v. O'Leary
  890 F.2d 883· 7th Cir.· 1989-11-16 ·cited 2×
  The court held that the prison regulation restricting inmate mailings related to business ventures was reasonably applied and did not violate the inmate's First Amendment free exercise rights.
• Harding v. Galceran
  889 F.2d 906· 9th Cir.· 1989-11-16 ·cited 2×
  The statute of limitations for a section 1983 claim against peace officers is tolled by a state statute that prevents civil actions while criminal charges are pending against the plaintiff, as the tolling provision is consistent with federal law.
• Berry v. Peterson
  887 F.2d 635· 5th Cir.· 1989-11-08 ·cited 2×
  The dissenting judge would reverse and remand for a new trial, disagreeing with the majority's decision to render a verdict for the defendants.
• Taylor v. Armontrout
  894 F.2d 961· 8th Cir.· 1989-10-31 ·cited 2×
  A Missouri Department of Corrections Rule creates a liberty interest protected by the Fourteenth Amendment, requiring procedural due process for denial of visitation.
• Gutierrez v. City of Hialeah
  723 F. Supp. 1494· S.D. Fla.· 1989-10-31 ·cited 2×
  The court held that plaintiffs' counsel failed to conduct a reasonable prefiling inquiry for Section 1983 and negligence claims against the City, Say, and Martinez, warranting Rule 11 sanctions.
• Ross v. J.M. Jones
  888 F.2d 548· 8th Cir.· 1989-10-19 ·cited 2×
  The court held that even if a statute creates a liberty interest in a timely hearing, sufficient evidence supported the jury's finding that the inmate received a hearing within the statutory period, and prior convictions were admissible for impeachment.
• A & E Pac. Constr. Co. v. Saipan Stevedore Co., Inc.
  888 F.2d 68· 9th Cir.· 1989-10-19 ·cited 2×
  The Shipping Act of 1984 applies to the Commonwealth of the Northern Mariana Islands, and the Federal Maritime Commission has original and exclusive jurisdiction over disputes concerning marine terminal operator agreements, including harbor leases.
• Sorlucco v. NEW York City Police Dep't
  888 F.2d 4· 2d Cir.· 1989-10-16 ·cited 2×
  The court held that Sorlucco presented sufficient evidence of gender discrimination and disparate treatment to survive summary judgment on her Title VII and § 1983 claims, but affirmed dismissal of her § 1985 conspiracy claim.
• Dunwoody Homeowners Ass'n, Inc. v. DeKALB Cnty.
  887 F.2d 1455· 11th Cir.· 1989-10-13 ·cited 2×
  The court held that the plaintiffs failed to establish state action under 42 U.S.C. § 1983 because the litigation had not resulted in an immediately enforceable state court judgment, and private parties invoking state procedures are not state actors without more.
• Howell v. The Supreme Court OF Tex.
  885 F.2d 308· 5th Cir.· 1989-10-11 ·cited 2×·via 42 U.S.C. § 1983 Action
  The Fifth Circuit affirmed the district court's dismissal for lack of jurisdiction under the Rooker-Feldman doctrine and upheld the imposition of Rule 11 sanctions.
• Auto. Club OF NEW York, Inc. v. The Port Auth. OF NEW York & NEW Jersey
  887 F.2d 417· 2d Cir.· 1989-10-10 ·cited 2×
  The dissenting judge argues that the majority's decision to allow bridge tolls to subsidize PATH deficits conflicts with prior precedent and is unfair to bridge users.
• LUX v. Hansen
  886 F.2d 1064· 8th Cir.· 1989-10-10 ·cited 2×
  The court held that the defendants were protected by qualified immunity on the civil rights claim and by state statute immunity on the state law negligence claim.
• Achterhof v. Selvaggio
  886 F.2d 826· 6th Cir.· 1989-10-06 ·cited 2×
  The court held that the district court erred in dismissing the section 1983 claims, as the social worker's actions in investigating child abuse and maintaining a name on the central registry were investigatory or administrative, not prosecutorial, and thus not entitled to absolut
• Cinema Blue OF Charlotte v. Gilchrist
  887 F.2d 49· 4th Cir.· 1989-10-05 ·cited 2×
  Federal courts must abstain from interfering with pending state criminal proceedings unless there's a clear showing that the state proceeding won't adequately protect constitutional rights.
• Bennett v. The City OF Grand Prairie
  883 F.2d 400· 5th Cir.· 1989-09-19 ·cited 2×
  The court held that probable cause existed to arrest Ms. Bennett, and even if it did not exist for Mr. Bennett, the officers and cities were immune from suit. Therefore, the district court's judgment was affirmed.
• Shoultes v. Laidlaw
  886 F.2d 114· 6th Cir.· 1989-09-18 ·cited 2×
  The court held that a federal habeas petition must be dismissed if it contains any unexhausted claims, and that local legislators, city attorneys, and judges are shielded by absolute immunity for actions taken within their official capacities.