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

• Peeler v. Vill. OF Kingston Mines
  862 F.2d 135· 7th Cir.· 1988-11-10 ·cited 2×
  Illinois law permits recovery for emotional distress damages in retaliatory discharge cases, and the jury's award was supported by sufficient evidence.
• Crystal Cunningham per next friend Robert Ruby Cunningham v. Beavers
  858 F.2d 269· 5th Cir.· 1988-10-26 ·cited 2×
  The court held that the plaintiffs failed to state a claim for deprivation of due process or equal protection rights, as state law provides adequate remedies for excessive corporal punishment.
• Elisabeth B. Crocker v. Fluvanna Cnty. (VA) Bd. OF Pub. Welf.
  859 F.2d 14· 4th Cir.· 1988-10-05 ·cited 2×
  The court held that the plaintiff received constitutionally adequate due process, including notice and an opportunity to be heard prior to her termination, and that the state grievance procedures provided sufficient post-termination remedies.
• Ward v. City OF Portland & Robert Aichele
  857 F.2d 1373· 9th Cir.· 1988-09-29 ·cited 2×
  The court held that a justiciable controversy exists because the police policy requiring officers to write incident reports before consulting counsel is capable of repetition, yet evading review, even though the specific officers involved were not disciplined.
• Chambers v. Ingram
  858 F.2d 351· 7th Cir.· 1988-09-21 ·cited 2×
  The court affirmed the jury verdict for medical malpractice against the psychologist, finding sufficient evidence of negligence and proximate causation, but reversed the directed verdict on the civil rights claim, remanding for further consideration of costs.
• Turner v. Barry
  856 F.2d 1539· D.C. Cir.· 1988-09-16 ·cited 2×
  District of Columbia probation officers are absolutely immune from liability for damages in a 42 U.S.C. § 1983 action for alleged errors in the investigation and preparation of presentence reports.
• Bemis v. Kelley
  857 F.2d 14· 1st Cir.· 1988-09-16 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the appointment of counsel or in denying motions to compel discovery, and that the property claim lacked constitutional proportion.
• Adams v. Vandemark
  855 F.2d 312· 6th Cir.· 1988-08-24 ·cited 2×
  The court held that the plaintiffs failed to demonstrate that the defendants acted under color of state law, and thus could not state a claim under 42 U.S.C. § 1983.
• Cooper v. Petray
  854 F.2d 301· 8th Cir.· 1988-08-16 ·cited 2×·via § 1983 Suit
  The court held that genuine issues of material fact exist regarding the defendants' entitlement to qualified immunity, precluding summary judgment.
• Anthony v. Dowdle
  853 F.2d 741· 9th Cir.· 1988-08-04 ·cited 2×
  The court held that if the disputed facts alleged by the appellant prove true, they would support a finding of deliberate indifference to serious medical needs.
• Pool v. Armontrout
  852 F.2d 372· 8th Cir.· 1988-07-26 ·cited 2×
  The court held that claims of prison official interference with appeals are cognizable in habeas corpus if they challenge the fact or length of confinement, but that the appellant failed to show his prior habeas appeal had merit, thus obviating the need for an evidentiary hearing
• Kneeland v. Nat'l Collegiate Athletic Ass'n
  850 F.2d 224· 5th Cir.· 1988-07-26 ·cited 2×
  The court held that while funds paid by Texas public universities to the NCAA and SWC are public funds, the NCAA and SWC themselves are not governmental bodies subject to the Texas Open Records Act because they provide specific, measurable services in exchange for those funds, ra
• Clark Mershon v. Kyser
  852 F.2d 335· 8th Cir.· 1988-07-21 ·cited 2×
  The court held that the allegations of bad-faith prosecution were insufficient to overcome the Younger abstention doctrine.
• Patino v. State OF S.D.
  851 F.2d 1118· 8th Cir.· 1988-07-19 ·cited 2×
  The court affirmed the district court's dismissal of the § 1983 complaints, finding that the plaintiff failed to adequately identify the officers responsible for his alleged unlawful extradition and that his claim regarding presentence jail time was barred by a prior state court
• Am. Inmate Paralegal Assoc. v. Cline
  859 F.2d 59· 8th Cir.· 1988-07-11 ·cited 2×
  The court held that the district court did not abuse its discretion in dismissing the appellants' pro se complaint with prejudice for failure to comply with court orders and as a sanction under Rule 11.
• Brown v. W.B. Flury
  848 F.2d 158· 11th Cir.· 1988-06-27 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that any error in allowing the impeachment of inmate witnesses with prior convictions was harmless because the jury was already aware of their criminal history.
• Mason v. Gen. Brown Cent. Sch. Dist.
  851 F.2d 47· 2d Cir.· 1988-06-24 ·cited 2×
  The court held that the plaintiffs' opposition to immunization was based on secular, scientific beliefs rather than sincerely held religious beliefs, and therefore they were not entitled to a religious exemption under New York law.
• Huron Valley Hosp., Inc. v. City OF Pontiac
  849 F.2d 262· 6th Cir.· 1988-06-22 ·cited 2×
  The court held that summary judgment was properly granted for all defendants regarding the antitrust conspiracy claims.
• Emmitt Valentine v. Conquest
  850 F.2d 951· 3d Cir.· 1988-06-20 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  The court affirmed the grant of a preliminary injunction, finding the district court did not abuse its discretion in determining the proposed changes to the prison's legal assistance program would impair inmates' constitutional right of access to the courts.
• Mitchell v. Mills Cnty.
  847 F.2d 486· 8th Cir.· 1988-05-26 ·cited 2×
  The court held that the plaintiffs failed to present sufficient evidence to create a genuine issue of material fact regarding whether county officials intentionally deprived them of their property without due process of law.
• Calvert Invs., Inc. v. Louisville & Jefferson Cnty. Metro. Sewer Dist.
  847 F.2d 304· 6th Cir.· 1988-05-24 ·cited 2×
  The court held that the sewer district's action of intercepting sewage did not constitute an unconstitutional taking of the private sewer system owner's property because the owner possessed only bare legal title to the mains, which were subject to an easement for the lot owners'
• Bergman v. United States
  844 F.2d 353· 6th Cir.· 1988-04-18 ·cited 2×
  The court held that the plaintiffs were not entitled to attorneys' fees under the EAJA, either through 42 U.S.C. § 1988 or common law principles, because they did not prevail on any civil rights claims against the United States and the government did not act in bad faith or willf
• Habetz v. La. High Sch. Athletic Ass'n & Dr. Thomas G. Clausen
  842 F.2d 136· 5th Cir.· 1988-04-15 ·cited 2×
  The court held that the case was moot because the LHSAA voluntarily amended its by-laws to allow female participation in sports lacking a girls' equivalent, rendering the original controversy moot.
• Zane Fair v. Fulbright
  844 F.2d 567· 8th Cir.· 1988-04-15 ·cited 2×
  The court held that summary judgment was properly granted because the arrest was executed pursuant to facially valid warrants and new allegations were raised for the first time on appeal.
• Scutieri v. Est. of Revitz
  683 F. Supp. 795· S.D. Fla.· 1988-04-12 ·cited 2×
  The court held that genuine issues of material fact precluded summary judgment on most counts, denying motions for the Southeast Defendants and granting them for Paige and Fernandez on specific RICO claims.
• Richardson v. McDONNELL
  841 F.2d 120· 5th Cir.· 1988-03-31 ·cited 2×
  Summary judgment for prison officials is affirmed because the prisoner failed to present evidence of intentional mail destruction or unconstitutional retaliation.
• Martinez v. Griffin
  840 F.2d 314· 5th Cir.· 1988-03-23 ·cited 2×
  The court held that the prisoner's claims of inadequate medical care were properly dismissed as frivolous, and the motion for appointment of counsel was denied.
• Pilarowski v. MacOmb Cnty. Health Dept. & Macomb Cnty. Bd. of Comm'rs
  841 F.2d 1281· 6th Cir.· 1988-03-15 ·cited 2×
  The district court misapplied Monell by requiring proof of a municipal policy or custom when the deprivation of rights stemmed from an act of the county's legislative body.
• Brown v. Ponte
  842 F.2d 16· 1st Cir.· 1988-03-14 ·cited 2×
  Government officials are entitled to qualified immunity from damages in a § 1983 action if their conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known at the time of the action.
• Gardner v. Cato
  841 F.2d 105· 5th Cir.· 1988-03-08 ·cited 2×
  The court held that the prisoner's complaint was frivolous and properly dismissed under 28 U.S.C. § 1915(d) because the record did not support claims of deliberate indifference to serious medical needs or a Fourteenth Amendment violation.
• Jarrett v. Gramling
  841 F.2d 354· 10th Cir.· 1988-03-02 ·cited 2×
  A prior state court judgment in a mandamus action bars a subsequent federal § 1983 action if both arise from the same transaction or occurrence, under Oklahoma law and the Full Faith and Credit Act.
• Neiderhiser v. The Borough OF Berwick
  840 F.2d 213· 3d Cir.· 1988-03-01 ·cited 2×
  The court held that the district court erred in dismissing the case for lack of jurisdiction, as plaintiffs alleged a viable case or controversy based on both a potential future enforcement of an ordinance and past constitutional deprivations.
• Sproul v. City OF Wooster
  840 F.2d 1267· 6th Cir.· 1988-02-26 ·cited 2×
  The court held that the city council did not delegate authority over extra-territorial expansion of water and sewer lines to the administrative branch.
• George v. J.D. White
  837 F.2d 1516· 11th Cir.· 1988-02-23 ·cited 2×
  The court held that while property claims were barred by res judicata, the cruel and unusual punishment claim was not, as it involved a different cause of action requiring different evidence under Alabama law.
• Pittman v. Wilson Cnty.
  839 F.2d 225· 4th Cir.· 1988-02-22 ·cited 2×
  An 'at-will' employee in North Carolina, lacking a contractual or statutory guarantee of continued employment, does not possess a property interest in their job sufficient to trigger due process protections upon termination.
• Nooner v. The Pillsbury Co.
  840 F.2d 560· 8th Cir.· 1988-02-22 ·cited 2×
  The court held that the undisputed facts established as a matter of law that probable cause existed for the issuance of the writ of body attachment, and thus affirmed the grant of summary judgment for Pillsbury on the claims of false imprisonment and malicious prosecution.
• Roberto v. Bordallo
  839 F.2d 573· 9th Cir.· 1988-02-11 ·cited 2×
  The court held that the defendants violated the plaintiff's clearly established statutory rights by forcing her resignation from a classified position without following Guam law protections, and thus were not entitled to qualified immunity.
• Students Against Apartheid Coal. v. O'Neil
  838 F.2d 735· 4th Cir.· 1988-02-08 ·cited 2×
  The court held that the revised University regulation prohibiting structures on the Lawn was a constitutional time, place, and manner restriction on student expression.
• Knoll v. Webster
  838 F.2d 450· 10th Cir.· 1988-02-02 ·cited 2×
  A member of the Board of Pardons is absolutely immune from damages liability for actions taken in the performance of official duties regarding parole.
• Doerinkel v. Hillsborough TWP. & Hillsborough Twp. Bd. of Adjustment
  835 F.2d 1052· 3d Cir.· 1987-12-29 ·cited 2×
  The court held that the district court erred in applying issue preclusion against the Township, as the validity of the zoning ordinance was not properly litigated in the prior state court action. The dismissal against the Board of Adjustment was affirmed.
• Americans United FOR Separation OF Church & State v. The Sch. Dist. OF the City OF Grand Rapids
  835 F.2d 627· 6th Cir.· 1987-12-16 ·cited 2×
  The court held that attorney's fees under 42 U.S.C. § 1988 are only available if the action explicitly enforces one of the enumerated civil rights statutes, not merely if the substance of the claim could be construed as such.
• Donivan v. Dallastown Borough
  835 F.2d 486· 3d Cir.· 1987-12-15 ·cited 2×
  The court held that abolishing a police force by a vote, rather than by enacting an ordinance as required by statute, was not a legislative act, and therefore the council members were not entitled to absolute legislative immunity.
• Frank v. Hernandez
  833 F.2d 1316· 9th Cir.· 1987-12-07 ·cited 2×
  The court held that a prisoner has no constitutional right to a particular classification status or to have opinions and evaluations in his prison file corrected under the Washington State Criminal Records Privacy Act.
• Aurea Jimenez-Torres de Panepinto v. Saldana
  834 F.2d 25· 1st Cir.· 1987-12-02 ·cited 2×
  A university faculty member assigned administrative duties as library director does not acquire a property interest in that position, even if they have tenure as a faculty member.
• United Steelworkers OF Am. v. Phelps Dodge Corp.
  833 F.2d 804· 9th Cir.· 1987-12-01 ·cited 2×
  The court held that a factual dispute exists regarding conspiracy, which should be resolved by the trier of fact, not decided on summary judgment.
• Wilson v. Foti
  832 F.2d 891· 5th Cir.· 1987-11-25 ·cited 2×
  A state prisoner challenging the fact or length of confinement must exhaust state remedies, including discretionary review by the state supreme court, before filing a federal habeas corpus petition.
• Schlegel v. Bebout
  831 F.2d 881· 9th Cir.· 1987-11-03 ·cited 2×
  The dissent argues the court misperceived the line between absolute and qualified immunity by not recognizing the Public Utilities Commission's prosecutorial duties.
• Stewart v. P.O. Gary Lattanzi
  832 F.2d 12· 2d Cir.· 1987-10-26 ·cited 2×
  The court held that the district court erred in sua sponte dismissing the complaint for failure to state a claim based on absolute immunity without allowing the plaintiff an opportunity to present evidence.
• Sch. Bd. OF the Parish OF Livingston v. La. State Bd. OF Elementary & Secondary Educ.
  830 F.2d 563· 5th Cir.· 1987-10-22 ·cited 2×
  Louisiana's system of financing public education does not violate the Equal Protection Clause of the Fourteenth Amendment, as it rationally furthers legitimate state purposes.
• Accion Soc. de Puerto RICO, Inc. v. Norberto Viera Perez
  831 F.2d 365· 1st Cir.· 1987-10-20 ·cited 2×
  The court held that the district court erred by deciding the issue of whether ASPRI was a community action agency before the administrative remedies provided under the Act were exhausted. The court vacated the district court's orders for violating the doctrine of exhaustion of ad