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

• Renfro v. Cuyahoga Cnty. Dep't OF Human Servs.
  884 F.2d 943· 6th Cir.· 1989-09-18 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the foster parents' relationship with the child did not constitute a constitutionally protected liberty interest, and thus they failed to state a claim under § 1983.
• Md. Pest Control Ass'n v. Montgomery Cnty.
  884 F.2d 160· 4th Cir.· 1989-09-08 ·cited 2×
  A claim of federal preemption under the Supremacy Clause is not actionable under 42 U.S.C. § 1983, and therefore cannot support a claim for attorney's fees under 42 U.S.C. § 1988.
• Coakley v. Murphy
  884 F.2d 1218· 9th Cir.· 1989-09-06 ·cited 2×
  The court held that an inmate transferred to a work release program does not possess a constitutionally protected liberty or property interest that would entitle him to a hearing before being returned to prison for refusing to sign the work release agreement.
• Fairbanks v. City of Bradenton Beach
  733 F. Supp. 1447· M.D. Fla.· 1989-09-06 ·cited 2×
  The court held that a plaintiff must allege exhaustion of administrative remedies to state a claim under the whistle-blower statute and that at-will employees lack a property interest in continued employment for constitutional claims, but a First Amendment retaliation claim may p
• Page v. Valentine
  552 So. 2d 212· Fla. 4th DCA· 1989-09-06 ·cited 2×
  A fired municipal police officer appealed a trial court order dismissing his § 1983 civil rights action on sovereign immunity grounds. The appellate court reversed, holding that state courts have subject matter jurisdiction over § 1983 actions against municipalities.
• Perreault v. Hostetler
  884 F.2d 267· 6th Cir.· 1989-09-01 ·cited 2×
  The court held that the plaintiff's claim was barred by the applicable Michigan statute of limitations because his imprisonment occurred after the cause of action accrued, and thus the tolling statute did not apply.
• Radcliff v. Landau
  883 F.2d 1481· 9th Cir.· 1989-08-31 ·cited 2×
  The court held that a pro se plaintiff should be permitted to amend his complaint to state a claim under Title VI of the Civil Rights Act of 1964, even if the initial claim under 42 U.S.C. § 1983 was properly dismissed.
• Crutcher v. Commonwealth OF Ky.
  883 F.2d 502· 6th Cir.· 1989-08-30 ·cited 2×
  The court held that the district court erred by denying summary judgment on qualified immunity without stating its specific reasoning, and remanded for further findings.
• Thomas v. Ga. State Bd. OF Pardons & Paroles
  881 F.2d 1032· 11th Cir.· 1989-08-24 ·cited 2×
  A prisoner's equal protection challenge to parole procedures, alleging racial and economic discrimination, can be brought under 42 U.S.C. § 1983 without exhausting state remedies, but claims seeking release or damages for parole denial must be brought as habeas corpus petitions r
• Michael v. Roberts
  883 F.2d 617· 8th Cir.· 1989-08-21 ·cited 2×
  An unsuccessful candidate does not have standing under the Voting Rights Act to challenge election results based on alleged discriminatory voting procedures.
• Rochon v. La. State Penitentiary Inmate Account
  880 F.2d 845· 5th Cir.· 1989-08-18 ·cited 2×
  A prisoner does not have a vested right to use funds in his savings account beyond what state law permits.
• Nelson v. City OF Selma
  881 F.2d 836· 9th Cir.· 1989-08-11 ·cited 2×
  The denial of a rezoning application is constitutional if rationally related to legitimate government interests, even if influenced by neighborhood opposition.
• Patrice Ann McGRAW v. City OF Huntington Beach
  882 F.2d 384· 9th Cir.· 1989-08-10 ·cited 2×
  A permanent city employee who is promoted and then subjected to a "promotional probationary period" retains a property interest in continued employment protected by the Fourteenth Amendment's due process clause.
• Wright v. Manatee Cnty.
  717 F. Supp. 1493· M.D. Fla.· 1989-08-07 ·cited 2×
  The court held that individual defendants could be sued under Title VII and Section 1983 despite not being explicitly named in EEOC charges if they were within the scope of the EEOC investigation. The court also found that the complaint sufficiently stated claims for discriminato
• Blankenship v. Kerr Cnty.
  878 F.2d 893· 5th Cir.· 1989-08-04 ·cited 2×
  The court held that genuine issues of material fact precluded summary judgment on the federal § 1983 claims and that the plaintiff had stated viable state law claims for negligent and intentional infliction of emotional distress and under the Texas Tort Claims Act.
• Cotter v. Desert Palace, Inc.
  880 F.2d 1142· 9th Cir.· 1989-07-28 ·cited 2×
  The court held that the denial of a preliminary injunction was not an abuse of discretion because plaintiffs failed to demonstrate a significant possibility of irreparable injury or a fair chance of success on the merits.
• Heimberger v. The Sch. Dist. OF the City OF Saginaw
  881 F.2d 242· 6th Cir.· 1989-07-27 ·cited 2×
  The court held that the plaintiffs lacked standing because the relief sought would not redress their alleged injury, as the school district could continue to implement a policy that resulted in the same harm.
• Spann v. Tyler Indep. Sch. Dist.
  876 F.2d 437· 5th Cir.· 1989-06-29 ·cited 2×
  A municipality cannot be held liable under section 1983 for an employee's failure to properly exercise discretion granted by policy.
• Harris v. Dugger
  715 F. Supp. 364· S.D. Fla.· 1989-06-27 ·cited 2×
  The court held that there are genuine issues of material fact regarding whether the plaintiff received constitutionally protected due process rights and that the First Amendment claim requires further factual development.
• Hatfield v. Hayes
  877 F.2d 717· 8th Cir.· 1989-06-19 ·cited 2×
  The court held that the Hatfields were prevailing parties entitled to attorney's fees under 42 U.S.C. § 1988 for successfully defending against a motion for relief from judgment, and that the district court erred in denying those fees.
• Favors v. Coughlin
  877 F.2d 219· 2d Cir.· 1989-06-19 ·cited 2×
  The court held that the appellant waived his right to a jury trial by failing to properly serve a jury demand and affirmed the district court's dismissal.
• Miller v. Dick I. Taylor
  877 F.2d 469· 6th Cir.· 1989-06-09 ·cited 2×
  The court held that the jury instructions on the reasonableness of deadly force and the burden of proof for self-defense were not erroneous.
• Roberts v. Manson
  876 F.2d 670· 8th Cir.· 1989-06-06 ·cited 2×
  A magistrate judge lacks jurisdiction to conduct an evidentiary hearing and adjudicate the merits of a civil case without the express consent of all parties.
• Hayes v. Unified Sch. Dist. NO. 377
  877 F.2d 809· 10th Cir.· 1989-06-06 ·cited 2×
  The court held that plaintiffs failed to exhaust their administrative remedies under the Education of the Handicapped Act (EHA) before filing suit, and this failure is jurisdictional.
• In re Watts v. Pa. Hous. Fin. Co. & Robert F. Bobincheck
  876 F.2d 1090· 3d Cir.· 1989-06-05 ·cited 2×
  The court held that suspending mortgage assistance during bankruptcy did not violate the Bankruptcy Code's anti-discrimination or automatic stay provisions, nor § 1983.
• Ewell Richard Reed v. Bullock
  872 F.2d 671· 5th Cir.· 1989-05-11 ·cited 2×
  The Eleventh Amendment bars suits against states for retroactive monetary relief, including back pay and attorneys' fees, even when brought under 42 U.S.C. § 1983.
• Murray v. Wal-Mart, Inc.
  874 F.2d 555· 8th Cir.· 1989-05-11 ·cited 2×
  The court affirmed the district court's judgment, holding that Wal-Mart acted under color of state law for a § 1983 claim and that sufficient evidence supported claims for malicious prosecution and intentional infliction of emotional distress.
• McDONALD v. Krajewski
  874 F.2d 454· 7th Cir.· 1989-05-05 ·cited 2×
• Inmates OF THE Allegheny Cnty. Jail v. Cyril H. Wecht
  873 F.2d 55· 3d Cir.· 1989-05-01 ·cited 2×
  The court held that the appeal must be dismissed for lack of jurisdiction because the Commonwealth failed to file a timely petition for leave to appeal under Fed.R.App.P. 5.
• Benline v. City of Deland
  731 F. Supp. 464· M.D. Fla.· 1989-04-27 ·cited 2×
  Res judicata bars claims that were or could have been litigated in the second state court proceeding, and collateral estoppel bars relitigation of issues decided in the first state court proceeding.
• Calvert Ins. Co. v. W. Ins. Co.
  874 F.2d 396· 7th Cir.· 1989-04-21 ·cited 2×
  An insurer has no duty to defend if the alleged conduct, even if reckless, falls within the policy's exclusion for expected or intended injuries.
• Dante Todaro v. Bowman
  872 F.2d 43· 3d Cir.· 1989-04-10 ·cited 2×
  The court held that summary judgment was improvidently granted because genuine issues of material fact remain regarding whether the prisoner's confinement was punitive and whether prison regulations created a protected liberty interest.
• Native Vill. OF Noatak v. Hoffman
  872 F.2d 1384· 9th Cir.· 1989-03-30 ·cited 2×
  The court held that the federal claims presented were so insubstantial as to deprive the district court of subject matter jurisdiction.
• Moss v. The City OF Colo. Springs
  871 F.2d 112· 10th Cir.· 1989-03-28 ·cited 2×
  The court held that the jury's verdicts were inconsistent and could not be harmonized, necessitating a remand for a new trial.
• Sisk v. Levings
  868 F.2d 159· 5th Cir.· 1989-03-21 ·cited 2×
  The court held that the alleged misuse of legal process by city officials, even if malicious or intended to circumvent a prior ruling, did not rise to the level of an "egregious" constitutional deprivation actionable under 42 U.S.C. § 1983.
• Abernathy v. Perry
  869 F.2d 1146· 8th Cir.· 1989-03-15 ·cited 2×
  The court held that the prison's substantial compliance with its own policy regarding investigative status, despite some procedural irregularities, did not violate the inmate's due process rights.
• Perez v. Seevers
  869 F.2d 425· 9th Cir.· 1989-03-08 ·cited 2×
  The court held that the district court correctly dismissed the action as barred by the statute of limitations, applying Nevada's residual personal injury statute of limitations to the § 1983 claim.
• Meryl Meder v. City OF Okla. City
  869 F.2d 553· 10th Cir.· 1989-03-07 ·cited 2×
  The court held that the employee received adequate procedural due process regarding his termination, even if a property interest existed, and that his liberty interest claim also failed.
• Redner v. Citrus Cnty.
  710 F. Supp. 318· M.D. Fla.· 1989-02-13 ·cited 2×
  The court held that abstention was not warranted, and granted dismissal in part for claims related to damages and statutory notice, while denying dismissal for injunctive relief and dismissing claims based on unconstitutional bond conditions and conspiracy.
• Hanson v. Clarke Cnty.
  867 F.2d 1115· 8th Cir.· 1989-02-10 ·cited 2×
  The court held that while the case presented a live controversy due to potential damages, the plaintiff did not possess a constitutional right to placement in the least restrictive environment or optimal care, only adequate care as provided by state law.
• Smart v. Simonson
  867 F.2d 429· 7th Cir.· 1989-02-06 ·cited 2×
  The court held that the defendants were entitled to qualified immunity because their conduct did not violate clearly established constitutional rights, and therefore, the district court's grant of summary judgment was affirmed.
• Raben-Pastal v. City OF Coconut Creek
  545 So. 2d 885· Fla. 4th DCA· 1989-01-25 ·cited 2×
  A construction company appealed a post-trial judgment setting aside a jury verdict in its federal civil rights action against a city and its building official for allegedly violating the company's constitutional rights by improperly maintaining stop-work orders. The appellate cou
• Tomlin v. McDANIEL
  865 F.2d 209· 9th Cir.· 1989-01-10 ·cited 2×
  A motion for relief from judgment under Fed.R.Civ.P. 60(b) cannot be used to revive a case that became final before changes in the applicable law occurred.
• Milan Knox v. Cook Cnty. Sheriff's Police Dep't & Robert Neapolitan
  866 F.2d 905· 7th Cir.· 1988-12-27 ·cited 2×
  A pro se litigant's erroneous concession regarding the statute of limitations, especially after denial of appointed counsel, should not be the basis for dismissing their claim.
• Lally v. Crawford Cnty. Tr. & Sav. Bank
  863 F.2d 612· 8th Cir.· 1988-12-22 ·cited 2×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court properly dismissed the complaint for failure to state a claim, affirming the dismissal of § 1983, RICO, and FDCPA claims.
• Freeman v. Blair
  862 F.2d 1330· 8th Cir.· 1988-12-14 ·cited 2×
  Defendants are entitled to qualified immunity for warrantless searches but not for summary license suspension or retaliation claims.
• Cotton v. Mansour
  863 F.2d 1241· 6th Cir.· 1988-12-01 ·cited 2×
  The Eleventh Amendment bars a federal court suit seeking retroactive relief, including food stamp benefits and notice of administrative remedies, against a state official for past violations of federal law, as such relief would impose direct financial burdens on the state treasur
• Johnson Newspaper Corp. v. The Hon. Glenn R. Morton
  862 F.2d 25· 2d Cir.· 1988-11-29 ·cited 2×
  The court held that the district court erred in granting declaratory judgment against Judge Morton because the action was moot and Judge Morton's actions, taken before definitive Supreme Court precedent, were not a basis for a declaratory judgment.
• Burch v. Barker
  861 F.2d 1149· 9th Cir.· 1988-11-18 ·cited 2×
  A school policy requiring prior review and potential censorship of all student-written, non-school-sponsored materials distributed on school grounds violates the First Amendment.
• Johnson v. Pinkerton Acad.
  861 F.2d 335· 1st Cir.· 1988-11-18 ·cited 2×
  The court held that the private school's actions were not state actions, despite receiving state funds and operating under a state statute, because the school was not performing a function traditionally exclusive to the state and the statute did not confer state control.