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

• Turney v. Scroggy
  831 F.2d 135· 6th Cir.· 1987-10-16 ·cited 2×
  The court should not grant qualified immunity to defendants Pershing and Scroggy because their actions violated clearly established constitutional rights regarding inmate due process.
• Morrash v. Strobel
  842 F.2d 64· 4th Cir.· 1987-10-06 ·cited 2×
  The court held that the City was not liable under 42 U.S.C. § 1983 as the Director of Public Safety was not a final policymaker, and that the officers' transfers did not violate their due process or freedom of association rights.
• Duncan v. Foti
  828 F.2d 297· 5th Cir.· 1987-09-29 ·cited 2×
  The court held that the unavailability of notary services does not preclude filing requests under the Freedom of Information Act and Privacy Act due to an available statutory alternative.
• Dant v. Dist. OF Columbia
  829 F.2d 69· D.C. Cir.· 1987-09-11 ·cited 2×
  Congress, by approving the WMATA Compact, foreclosed judicial remedies against WMATA for torts committed in its police functions, but not for negligent operation/maintenance or abuse of process. Arresting officers are immune if probable cause exists, and prosecutors have absolute
• Norton v. Colyer
  828 F.2d 384· 6th Cir.· 1987-09-10 ·cited 2×
  The court held that the plaintiff waived his right to appeal the jury instructions by failing to object at trial, and that the admission of medical records was proper under the Business Records Act and Federal Rule of Evidence 803(6).
• Grant v. Meyer
  828 F.2d 1446· 10th Cir.· 1987-09-02 ·cited 2×
  The Tenth Circuit Court of Appeals held that Colorado's statute prohibiting payment for the circulation of initiative or referendum petitions violates the First and Fourteenth Amendments. The court found that paying circulators is a form of political speech essential for dissemin
• Graham v. Gray
  827 F.2d 679· 10th Cir.· 1987-09-01 ·cited 2×
  The denial of a motion for a protective order from discovery, even when grounded on qualified immunity, is not an immediately appealable "final decision" under 28 U.S.C. § 1291, as such orders are reviewed for abuse of discretion, not solely on issues of law.
• Appelmans v. The City OF Philadelphia
  826 F.2d 214· 3d Cir.· 1987-08-12 ·cited 2×
  The court held that the plaintiffs failed to establish a protectible property interest in the transferred funds, thus affirming the grant of summary judgment for the defendant City.
• Wilmington Firefighters Local 1590 v. City OF Wilmington
  824 F.2d 262· 3d Cir.· 1987-07-27 ·cited 2×
  The court held that the appeal was moot because the 1984 promotion list had expired without any promotions being made, rendering any court order advisory.
• Bystrom v. Fridley High Sch.
  822 F.2d 747· 8th Cir.· 1987-06-25 ·cited 2×
  The court held that the guidelines' requirement for prior review and approval of all unofficial written material violates the First Amendment.
• Emmet Akao v. Tripp and Garrick Umiamaka
  820 F.2d 302· 9th Cir.· 1987-06-19 ·cited 2×
  The court held that pro se prisoners' allegations of overcrowding, when viewed in light of intervening case law, may state an Eighth Amendment claim and should not be dismissed at this stage.
• Joseph L., Jr. v. Off. OF Jud. Support OF the Court OF Common Pleas OF Del. Cnty. & Grace Bldg. Co., Inc.
  820 F.2d 631· 3d Cir.· 1987-06-09 ·cited 2×
  A purchaser at a municipal tax sale does not act under color of state law for purposes of 42 U.S.C. § 1983, nor does filing a quiet title action constitute state action.
• Coats v. Woods
  819 F.2d 236· 9th Cir.· 1987-06-05 ·cited 2×
  The district court's decision to abstain from hearing child custody cases implicating domestic relations issues was not an abuse of discretion.
• LaMarca v. Turner
  662 F. Supp. 647· S.D. Fla.· 1987-06-04 ·cited 2×
  The court affirmed the Magistrate's report and recommendation, overruling defendants' objections regarding jury trial, continuance, recusal, and most factual findings.
• Derick G. Justice v. Town OF Blackwell & Jennie Henkel
  820 F.2d 238· 7th Cir.· 1987-05-29 ·cited 2×
  The court held that the denial of qualified immunity to Cronin was appealable, but Henkel's appeal from the denial of her motion to amend was not. Cronin was entitled to qualified immunity because he did not violate clearly established federal or state law.
• Pasterczyk v. Fair
  819 F.2d 12· 1st Cir.· 1987-05-29 ·cited 2×
  A prior state court judgment for declaratory and injunctive relief, which granted sentence credit, has res judicata effect and bars a subsequent federal § 1983 damages action for the same underlying grievance, as the damages claim could have been raised in the state action.
• Canfield v. Game Warden Chappel
  817 F.2d 1166· 5th Cir.· 1987-05-29 ·cited 2×
  The court held that the jury's finding of no probable cause for the warrantless arrest was supported by sufficient evidence, and the denial of the defendant's motion for judgment n.o.v. was therefore proper.
• Rheuport v. Ferguson
  819 F.2d 1459· 8th Cir.· 1987-05-28 ·cited 2×
  The court held that a new trial on damages is necessary due to the jury's general verdict being inconsistent with post-trial rulings eliminating some defendants' liability. The court also affirmed the dismissal of the federal due process claim.
• Rosenfeld v. Ketter
  820 F.2d 38· 2d Cir.· 1987-05-27 ·cited 2×
  The court held that the student received adequate due process and that campus access restrictions did not violate his First Amendment rights.
• Buthy v. The Comm'r OF the Off. OF Mental Health OF NEW York State
  818 F.2d 1046· 2d Cir.· 1987-05-18 ·cited 2×
  The court held that the restrictions on forensic unit patients were rationally related to legitimate security interests and that the challenged impositions on liberty were de minimis, thus affirming the dismissal of the constitutional claims.
• Est. OF Kathleen Ann Johnson v. Vill. OF Libertyville
  819 F.2d 174· 7th Cir.· 1987-05-18 ·cited 2×
  The court held that the parents lacked standing to sue as special administrators because their appointment was void under Illinois law, and they failed to plead individual injuries to themselves in their own right.
• Hensley v. Carey
  818 F.2d 646· 7th Cir.· 1987-05-12 ·cited 2×
  Police officers are not liable under 42 U.S.C. § 1983 for conducting an unduly suggestive lineup if the evidence from that lineup is not used at trial and does not result in a deprivation of the right to a fair trial.
• Sparks v. The Character & Fitness Comm. OF Ky.
  818 F.2d 541· 6th Cir.· 1987-05-11 ·cited 2×
  Officials performing quasi-judicial duties related to bar admissions, even if not judges, are entitled to absolute judicial immunity.
• Goodman v. City of Crystal River
  669 F. Supp. 394· M.D. Fla.· 1987-04-27 ·cited 2×
  The court held that Three Sisters Springs is navigable waters of the United States subject to a federal navigational servitude, thus precluding the plaintiff's claims to restrict public access.
• Clark v. Cnty. OF Winnebago
  817 F.2d 407· 7th Cir.· 1987-04-20 ·cited 2×
  The court held that the County's zoning ordinance and the denial of the plaintiff's rezoning request did not violate due process, as they were rationally related to legitimate governmental interests in controlling density and distinguishing mobile homes from site-built homes.
• Robert "Say" McINTOSH v. Ark. Republican Party-Frank White Election Comm.
  816 F.2d 409· 8th Cir.· 1987-04-14 ·cited 2×
  The court held that the arresting officers lacked probable cause to arrest the plaintiff for disorderly conduct and were not protected by qualified immunity, thus reversing the dismissal of the federal and state claims.
• Quincy West v. Atkins
  815 F.2d 993· 4th Cir.· 1987-04-09 ·cited 2×
  A private physician under contract with a state prison to provide medical services does not act under color of state law when exercising independent professional judgment, even if the patient is a prisoner.
• Edward B. v. Paul
  814 F.2d 52· 1st Cir.· 1987-03-25 ·cited 2×
  Federal law provides adequate recourse for indigent parties to obtain necessary court transcripts through federal funding.
• Pushard v. Judge Ronald Russell
  815 F.2d 1· 1st Cir.· 1987-03-24 ·cited 2×
  The court held that petitions for leave to appeal under 28 U.S.C. § 636(c)(5) should only be granted in cases involving substantial and important questions of law.
• Clark v. Honorable R.I. Prichard, III
  812 F.2d 991· 5th Cir.· 1987-03-23 ·cited 2×·via 42 U.S.C. § 1983 Civil Rights Action
  A probationer's challenge to a condition of probation must be brought as a habeas corpus action, not a section 1983 civil rights action, due to the blurred distinction between the fact and conditions of confinement.
• O'Donnell v. Sheriff Pat Thomas
  814 F.2d 524· 8th Cir.· 1987-03-20 ·cited 2×
  The court held that the district court erred by failing to make specific factual findings on all material issues presented by the plaintiff's claims before dismissing the case under Rule 41(b).
• Ganey v. Garrison
  813 F.2d 650· 4th Cir.· 1987-03-19 ·cited 2×
  The court affirmed the award of attorneys' fees, finding the plaintiff was a prevailing party entitled to fees under 42 U.S.C. § 1988, but remanded for correction of a potential arithmetical error and to consider fees for the appeal.
• Hill v. Ogburn
  812 F.2d 679· 11th Cir.· 1987-03-17 ·cited 2×
  Public housing tenants may bring an action under 42 U.S.C. § 1983 for utility overcharges by local housing authorities in violation of the Brooke Amendment and HUD regulations, but not against HUD itself for failure to enforce.
• Jane Does 1-100 v. Omodt
  813 F.2d 910· 8th Cir.· 1987-03-13 ·cited 2×
  The court held that the district court erred in applying Wilson v. Garcia retroactively to bar the plaintiff's claim, as the plaintiff could have reasonably relied on prior circuit precedent.
• Wright v. Nevil C. Trammell, Jr.
  810 F.2d 589· 6th Cir.· 1987-02-09 ·cited 2×
  The court held that due process is not required for parole determinations when the state has not created a constitutionally protected liberty interest.
• Gamble v. C.L. Webb
  806 F.2d 1258· 5th Cir.· 1986-12-31 ·cited 2×
  A temporary suspension of a horse owner's license, pending a prompt hearing, does not violate procedural due process, even without a pre-suspension hearing.
• Gallagher v. Pontiac Sch. Dist.
  807 F.2d 75· 6th Cir.· 1986-12-16 ·cited 2×
  The court held that the Education for All Handicapped Children Act (EAHCA) did not apply retroactively to the plaintiff's educational period, and that neither the Due Process Clause, Equal Protection Clause, nor Section 504 of the Rehabilitation Act provided a basis for his claim
• Callahan v. Hon. Albert L. Rendlen. Hon. Lawrence O. Davis
  806 F.2d 795· 8th Cir.· 1986-12-04 ·cited 2×
  A judge is entitled to judicial immunity from a civil suit for damages under 42 U.S.C. § 1983 when acting within his judicial capacity and with subject matter jurisdiction.
• Grattan v. Bd. OF Sch. Comm'rs OF Baltimore City
  805 F.2d 1160· 4th Cir.· 1986-12-01 ·cited 2×
  A public school parking lot is a non-public forum, and a school board may prohibit union solicitation activities there if the exclusion is reasonable and not an effort to suppress expression based on viewpoint.
• Junior Wilnon Byrd v. Stewart
  803 F.2d 1168· 11th Cir.· 1986-11-10 ·cited 2×
  A state prisoner's claim for deprivation of property under 42 U.S.C. § 1983 is barred if the state provides an adequate post-deprivation remedy, even for intentional deprivations.
• Sexton v. Ryan
  804 F.2d 26· 2d Cir.· 1986-10-23 ·cited 2×
  The court held that a sua sponte dismissal of a pro se plaintiff's complaint was improper without affording the plaintiff an opportunity to be heard, especially concerning allegations of coercion in signing a release.
• Brown v. City of Clewiston
  644 F. Supp. 1407· S.D. Fla.· 1986-09-30 ·cited 2×
  The court granted summary judgment for the City, finding no genuine issue of material fact regarding the existence of an unconstitutional policy or custom that caused the plaintiff's injury, and that the state negligence claim was governed by state law, not city regulations.
• Baker v. City of Kissimmee
  645 F. Supp. 571· M.D. Fla.· 1986-09-20 ·cited 2×
  The court held that the City of Kissimmee's historical and present disparities in street paving and maintenance, rooted in intentional racial discrimination, violate the Equal Protection Clause of the Fourteenth Amendment.
• Olivieri v. Ward
  801 F.2d 602· 2d Cir.· 1986-09-16 ·cited 2×
  The court held that while the district court correctly identified the infringement of civil rights, it erred in not adequately protecting the counterdemonstrators' rights and in its specific injunction regarding the number of demonstrators. The appellate court modified the injunc
• Netterville v. State OF Mo.
  800 F.2d 798· 8th Cir.· 1986-09-12 ·cited 2×
  The court affirmed the district court's judgment, finding no error in the jury's verdict against the plaintiff's § 1981 and § 1983 claims and the court's judgment on her Title VII claim.
• Miller v. LOS Angeles Cnty. Bd. OF Educ. & Stuart E. Gothhold
  799 F.2d 486· 9th Cir.· 1986-09-05 ·cited 2×
  The court held that requiring a pro se plaintiff to submit witness questions in advance for pretrial ruling is not a per se due process violation and did not constitute an abuse of discretion in this case.
• McADAMS v. Matagorda Cnty. Appraisal Dist.
  798 F.2d 842· 5th Cir.· 1986-09-02 ·cited 2×
  The court held that a public employee's refusal to perform job duties, even if verbalized, does not transform into a First Amendment right and that the employee was not terminated for constitutionally protected speech.
• Burt Cole v. Williams
  798 F.2d 280· 8th Cir.· 1986-08-04 ·cited 2×
  The court held that the district court properly denied the motion for a new trial and correctly granted judgment n.o.v. on the failure to take before a magistrate charge, but erred in dismissing the City of Westville.
• DOE v. Maher
  795 F.2d 787· 9th Cir.· 1986-07-28 ·cited 2×
  The court held that plaintiffs were not entitled to attorney's fees under section 1988 because their claims were based on the Education of the Handicapped Act (EAHCA), which has its own comprehensive remedial scheme, and their purported constitutional claims lacked an independent
• Morris v. Cnty. OF Tehama
  795 F.2d 791· 9th Cir.· 1986-07-28 ·cited 2×
  The court held that prosecutorial and judicial immunity barred claims against certain defendants, and state court judgments had preclusive effect, but reversed dismissal for Officer Carlton due to unresolved immunity issues.