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

• Pride v. Various John Does
  997 F.2d 712· 10th Cir.· 1993-06-15 ·cited 1×
  The court held that the officer's conduct was objectively reasonable under the circumstances, and therefore, summary judgment based on qualified immunity was appropriate.
• Charles v. Abate, Jr.
  993 F.2d 107· 5th Cir.· 1993-06-15 ·cited 1×
  The court held that a railroad acting as a federal agent is not liable under Bivens for alleged constitutional violations by its employees if the employees' actions were contrary to the railroad's established policy and not a result of custom or policy. The court affirmed summary
• Davis v. Grusemeyer
  996 F.2d 617· 3d Cir.· 1993-06-08 ·cited 1×
  The court held that the plaintiff's RICO claims were time-barred and that state prosecutors were absolutely immune from the plaintiff's malicious prosecution claims.
• GAN v. The City OF NEW York
  996 F.2d 522· 2d Cir.· 1993-06-01 ·cited 1×
  The court held that Assistant District Attorney Rettler was entitled to absolute immunity for decisions regarding prosecution and qualified immunity for investigative actions, and that claims against District Attorney Morgenthau were properly dismissed.
• Perez v. City of Key W.
  823 F. Supp. 934· M.D. Fla.· 1993-06-01 ·cited 1×
  The court held that the plaintiff sufficiently stated claims under 42 U.S.C. § 1983 and the First Amendment, but failed to state claims for defamation, violation of the Policemen's Bill of Rights, and tortious interference. Motions to dismiss punitive damages were granted, but mo
• Curtis v. City OF DES Moines
  995 F.2d 125· 8th Cir.· 1993-05-28 ·cited 1×
  The court held that attorneys' fees awarded under 42 U.S.C. § 1988 are not subject to a prior judgment creditor's lien, but the judgment creditor has a superior claim to the underlying judgment proceeds if proper notice was given.
• Underwood v. Venango River Corp.
  995 F.2d 677· 7th Cir.· 1993-05-28 ·cited 1×
  The Railway Labor Act (RLA) preempts the plaintiffs' RICO claims because the alleged rights to severance pay and seniority benefits originate from the collective-bargaining agreement and require its interpretation.
• Hutchinson v. Staton
  994 F.2d 1076· 4th Cir.· 1993-05-24 ·cited 1×
  The court held that the district court erred in vacating its prior award of attorneys' fees to the prevailing defendants under 42 U.S.C. § 1988, as the plaintiffs' claim was frivolous and groundless.
• Shands v. City OF Kennett
  993 F.2d 1337· 8th Cir.· 1993-05-21 ·cited 1×
  The court held that the plaintiffs' speech was not protected by the First Amendment because it interfered with a government personnel decision and tipped the Pickering balance in favor of the employer's interest in efficiency and discipline. The court also held that the plaintiff
• Swoboda v. Dubach
  992 F.2d 286· 10th Cir.· 1993-05-04 ·cited 1×
  The court held that the pro se prisoner's notice of appeal was timely filed when delivered to prison authorities, and that his excessive force claim stated a constitutional claim cognizable under § 1983, warranting remand.
• Schlosser v. Coleman
  818 F. Supp. 1534· M.D. Fla.· 1993-04-20 ·cited 1×
  The court held that judges and prosecutors are immune from § 1983 claims for actions taken within their judicial or prosecutorial capacities, and the plaintiff failed to establish conspiracy or standing for injunctive relief.
• Linnen v. Troopers John Armainis
  991 F.2d 1102· 3d Cir.· 1993-04-09 ·cited 1×
  A guilty plea does not automatically preclude a subsequent § 1983 claim challenging the legality of a search and seizure, and a stay is appropriate pending resolution of a related state post-conviction appeal.
• Tedford v. Hepting
  990 F.2d 745· 3d Cir.· 1993-03-31 ·cited 1×
  A federal court cannot grant relief under § 1983 for alleged transcript inaccuracies affecting a criminal conviction unless the conviction itself has been successfully challenged, as such claims are premature and essentially constitute a collateral attack on the conviction.
• Soler v. Waite
  989 F.2d 251· 7th Cir.· 1993-03-24 ·cited 1×
  The court affirmed the district court's denial of a motion for reconsideration of a new trial and the award of costs, finding no abuse of discretion.
• Doran v. City of Clearwater
  814 F. Supp. 1079· M.D. Fla.· 1993-03-08 ·cited 1×
  The court held that the plaintiff failed to exhaust administrative remedies for the breach of contract claim and that the defendants, as parties to the employment relationship, could not be held liable for tortious interference.
• Mannings v. Sch. Bd. of Hillsborough Cnty.
  816 F. Supp. 714· M.D. Fla.· 1993-03-02 ·cited 1×
  The court held that an action filed under 42 U.S.C. § 1983 constitutes an express exception to the Anti-Injunction Act, granting the court authority to enjoin state proceedings.
• City OF E. ST. Louis & Carl Officer v. Cir. Court FOR the Twentieth Jud. Cir.
  986 F.2d 1142· 7th Cir.· 1993-02-25 ·cited 1×
  The court affirmed the district court's imposition of sanctions against counsel for filing a frivolous lawsuit lacking subject matter jurisdiction.
• The Am. Bank & Tr. Co. OF Opelousas v. Dent
  982 F.2d 917· 5th Cir.· 1993-02-10 ·cited 1×
  The Eleventh Amendment does not bar a suit against a state official seeking prospective injunctive relief to enjoin enforcement of an allegedly unconstitutional state statute, falling under the Ex parte Young exception.
• Farmer v. City of Fort Lauderdale
  814 F. Supp. 1101· S.D. Fla.· 1993-02-03 ·cited 1×
  The court held that the plaintiff's claim was barred by the statute of limitations because the limitations period began to run upon notice of termination, not the final day of employment or subsequent alleged discriminatory acts.
• Russ Calhoun v. Gaines
  982 F.2d 1470· 10th Cir.· 1992-12-30 ·cited 1×
  A public employee with a legitimate expectancy of employment, established through contract or policy, has a property interest protected by due process. Officials are not qualifiedly immune if they violate clearly established law regarding this interest and adequate process.
• Hafner v. Brown
  983 F.2d 570· 4th Cir.· 1992-12-22 ·cited 1×
  The court held that the district judge did not err in giving supplemental jury instructions and allowing redeliberation, nor in restricting cross-examination, nor in instructing the jury on conspiracy, and that the substantive due process instruction error was not preserved for a
• Crocker v. Tenn. Secondary Sch. Athletic Ass'n
  980 F.2d 382· 6th Cir.· 1992-11-18 ·cited 1×
  The court held that the plaintiff failed to establish a claim for damages under the Education of the Handicapped Act (EHA) and that the defendants' actions did not constitute unconstitutional retaliation.
• Anderson v. Dist. of Columbia Pub. Def. Serv.
  980 F.2d 746· D.C. Cir.· 1992-11-16 ·cited 1×
  The court affirmed the dismissal of claims against the Office of the Bar Counsel but vacated the dismissal of claims against Buchanan and DiFonzo, remanding for further proceedings.
• Gillette v. Delmore
  979 F.2d 1342· 9th Cir.· 1992-11-10 ·cited 1×
  A municipality cannot be held liable under 42 U.S.C. § 1983 for a subordinate's discretionary constitutional violation simply because a policymaker failed to overrule it. Such inaction does not constitute ratification or establish a policy or custom.
• Madsen v. Boise State Univ.
  976 F.2d 1219· 9th Cir.· 1992-09-22 ·cited 1×
  The court held that the plaintiff had standing to sue and that the Rehabilitation Act § 504 does not preclude actions under 42 U.S.C. § 1983.
• Candelore v. Clark Cnty. Sanitation Dist.
  975 F.2d 588· 9th Cir.· 1992-09-14 ·cited 1×
  The court affirmed the decision because the plaintiff failed to establish a factual predicate for her alleged discrimination claim.
• Goodwin v. Metts
  973 F.2d 378· 4th Cir.· 1992-08-28 ·cited 1×
  The court affirmed the district court's reduction of attorney fees, finding that unsuccessful claims unrelated to the successful malicious prosecution claims justified disallowance, and that duplication of effort due to overstaffing was a valid reason for reduction. The court als
• King v. Myers
  973 F.2d 354· 4th Cir.· 1992-08-21 ·cited 1×
  A magistrate is entitled to absolute judicial immunity for actions taken within their judicial capacity, even if those actions exceed their jurisdiction, as long as they are not taken in the clear absence of all jurisdiction.
• Rainey v. Conerly
  973 F.2d 321· 4th Cir.· 1992-08-19 ·cited 1×
  The court held that the district court properly denied the defendant's motions for qualified immunity, but erred in excluding a key piece of evidence and in failing to question the jury panel on potential bias, entitling the plaintiff to a new trial.
• Treister v. City of Miami
  893 F. Supp. 1057· S.D. Fla.· 1992-08-13 ·cited 1×
  The court held that most of the plaintiffs' federal constitutional claims are barred by res judicata and the full faith and credit statute due to prior state court rulings.
• Elkin v. Fauver
  969 F.2d 48· 3d Cir.· 1992-07-13 ·cited 1×
• Goetz v. The Honorable Matthew Crosson
  967 F.2d 29· 2d Cir.· 1992-06-10 ·cited 1×
  The court held that patients do not have an absolute right to state-financed expert assistance in commitment hearings.
• Bensch v. Metro. Dade Cnty.
  798 F. Supp. 678· S.D. Fla.· 1992-05-04 ·cited 1×
  The court held that John Maloy is entitled to qualified immunity and dismissed claims against him, but denied dismissal for SFWMD's flood-taking claim, while dismissing other claims against SFWMD for failure to plead adequately.
• Stone v. Agnos
  960 F.2d 893· 9th Cir.· 1992-04-03 ·cited 1×
  The court held that the plaintiff failed to present evidence of constitutional rights violations by the defendants, thus affirming the grant of summary judgment.
• Frederick T. Boulware, Jr., M.D. v. State OF Nev.
  960 F.2d 793· 9th Cir.· 1992-03-27 ·cited 1×
  The court held that the defendants' actions in initiating and prosecuting the state court action were protected by the Noerr-Pennington doctrine, thus barring the plaintiff's antitrust, civil rights, and unfair trade practice claims.
• Hous. Auth. OF THE KAW Tribe OF Indians OF Okla. v. City OF Ponca City
  952 F.2d 1183· 10th Cir.· 1991-12-19 ·cited 1×
  A political subdivision of a state, including an Indian housing authority created under state law, cannot bring suit against another political subdivision under 42 U.S.C. §§ 1981-1983 because it lacks federal constitutional rights. However, such an authority may have standing und
• Hughes v. Tarrant Cnty. Tex.
  948 F.2d 918· 5th Cir.· 1991-11-29 ·cited 1×
  The court held that county commissioners are not entitled to absolute legislative immunity for their decision to deny attorney fees, and the district attorney and assistant are not entitled to absolute quasi-judicial immunity for providing legal advice.
• Dimmitt v. City of Clearwater
  782 F. Supp. 586· M.D. Fla.· 1991-11-12 ·cited 1×
  A city ordinance limiting the number of American flags that can be displayed on private property is unconstitutional as applied to a commercial entity displaying multiple flags, as the display constitutes expressive conduct protected by the First Amendment.
• Larez v. City OF LOS Angeles
  946 F.2d 630· 9th Cir.· 1991-09-27 ·cited 1×
  The court affirmed the denial of a new trial for the six officers but reversed and remanded for a new trial against Chief Gates and the City due to the erroneous admission of hearsay evidence.
• Young-Henderson v. Spartanburg Area Mental Health Ctr.
  945 F.2d 770· 4th Cir.· 1991-09-20 ·cited 1×
  The court held that the Consent Order in the prior lawsuit only barred claims actually raised in that complaint, not subsequent claims or those that arose later, and that a plaintiff's response to interrogatories does not constitute a new claim.
• Front Royal & Warren Cnty. Indus. Park Corp. v. Town OF Front Royal
  945 F.2d 760· 4th Cir.· 1991-09-19 ·cited 1×·via 42 U.S.C. § 1983 Action
  The court held that federal courts should abstain from ruling on claims that depend on the interpretation of state annexation court orders and potentially available state remedies.
• Santiago v. NEW York State Dep't OF Corr. Servs. & Dr. Melvin J. Steinhart
  945 F.2d 25· 2d Cir.· 1991-09-10 ·cited 1×
  A suit for retroactive damages against a state directly under Section 1 of the Fourteenth Amendment is barred by the Eleventh Amendment, as Section 1 does not contain a clear statement abrogating immunity, nor does ratification of the Amendment constitute a waiver.
• Hendricks v. Coughlin
  942 F.2d 109· 2d Cir.· 1991-08-07 ·cited 1×
  The court held that the magistrate's jury instructions were incomplete regarding the standard of liability for a failure-to-protect claim under the Eighth Amendment, necessitating a new trial.
• Church of Scientology Flag Servs. Org., Inc. v. City of Clearwater
  773 F. Supp. 321· M.D. Fla.· 1991-07-02 ·cited 1×
  The court held that the plaintiff was not a prevailing party entitled to attorney's fees under 42 U.S.C. § 1988 because the lawsuit did not vindicate its rights, did not result in the cessation of the challenged behavior, and did not materially alter the legal relationship of the
• Doyle v. Murray
  938 F.2d 33· 4th Cir.· 1991-06-25 ·cited 1×
  The court held that dismissing a plaintiff's case with prejudice as a sanction for attorney misbehavior, particularly when relying on unrelated past conduct and without considering lesser sanctions, was too drastic.
• McKenzie v. Doctors' Hosp. of Hollywood, Inc.
  765 F. Supp. 1504· S.D. Fla.· 1991-06-24 ·cited 1×
  The court held that the plaintiffs failed to state a claim for federal constitutional violations and dismissed the pendant state law claims.
• WAM Props., Inc. v. Desoto Cnty.
  758 F. Supp. 1468· M.D. Fla.· 1991-03-12 ·cited 1×
  The court held that the plaintiffs' complaint sufficiently alleged violations of constitutional rights and that a municipal policy or custom caused the deprivation, thus denying the motion to dismiss.
• Leisa Gibson v. Matthews
  926 F.2d 532· 6th Cir.· 1991-02-22 ·cited 1×
  The court held that federal prison officials are entitled to qualified immunity because there was no clearly established constitutional right for prisoners to have abortions facilitated by prison staff at the time of the events, and the plaintiff's allegations did not rise to the
• Bannum v. Town OF Ashland
  922 F.2d 197· 4th Cir.· 1990-12-18 ·cited 1×
  The court held that the plaintiff failed to establish a protected property or liberty interest and that the town's actions did not violate the Contract Clause.
• Mason v. Clark
  920 F.2d 493· 8th Cir.· 1990-11-30 ·cited 1×
  An unsigned affidavit is insufficient evidence to support a motion for summary judgment, but the court can affirm the judgment on other grounds present in the record.