42 U.S.C. § 1983

12,720 Florida cases classified under this topic, plus 457 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Camarillo v. McCARTHY
  998 F.2d 638· 9th Cir.· 1993-07-01
  The court held that the prison officials were entitled to qualified immunity because it was not clearly established at the time of the transfer that segregating HIV-positive inmates violated constitutional rights.
• Romualdo Suarez v. Chuck Cole Wimes
  996 F.2d 966· 8th Cir.· 1993-07-01
• Severino v. Negron
  996 F.2d 1439· 2d Cir.· 1993-06-29
  Appellee officials are entitled to qualified immunity from the claim for money damages, even if a due process violation occurred, because the contours of the right were not sufficiently clear.
• Maxwell v. The City OF Indianapolis
  998 F.2d 431· 7th Cir.· 1993-06-29
  The court held that the officers' actions constituted an arrest requiring probable cause, and the significant discrepancies between the suspect's description and the arrestee's appearance raised a factual question for the jury regarding probable cause, thus denying qualified immu
• Akers v. Gaston Caperton
  998 F.2d 220· 4th Cir.· 1993-06-29
  The court held that while the politically motivated transfers violated plaintiffs' First Amendment rights, the defendants were entitled to qualified immunity because the law regarding such transfers was not clearly established at the time of the actions.
• Jones v. Dick Moore
  996 F.2d 943· 8th Cir.· 1993-06-28
  The court held that the inmate did not possess a liberty interest in participating in the Missouri Sexual Offenders Program (MOSOP) at the time he desired, and his prior escape attempt eliminated his availability for the program.
• Mitchell v. Sheriff Dep't
  995 F.2d 60· 5th Cir.· 1993-06-28
  The court held that the district court erred in dismissing the prisoner's claims as frivolous without sufficient clarification on whether the lockdown constituted a punitive deprivation of liberty.
• Wyatt v. Cole
  994 F.2d 1113· 5th Cir.· 1993-06-25
  Private defendants sued under § 1983 for invoking a state statute are not entitled to qualified immunity but may be liable only if they acted in bad faith, meaning they knew or should have known the statute was unconstitutional.
• Handy v. Price
  996 F.2d 1064· 10th Cir.· 1993-06-25
  The court held that the plaintiff failed to establish a genuine issue of material fact regarding the defendants' deliberate indifference to his serious medical needs, and thus summary judgment for the defendants was appropriate.
• Leo and Arlene Zuchel v. The City & Cnty. OF Denver
  997 F.2d 730· 10th Cir.· 1993-06-23
  The court held that the evidence was sufficient to support the jury's verdict that the City of Denver was liable for the unconstitutional death of Leonard Zuchel due to inadequate training and deliberate indifference.
• Blake v. Dickason
  997 F.2d 749· 10th Cir.· 1993-06-23
  The court held that Colorado's general two-year residual statute of limitations for personal injury actions applies to federal civil rights claims under 42 U.S.C. § 1983, even in cases of child sexual assault.
• Thompson v. Rasberry
  993 F.2d 513· 5th Cir.· 1993-06-23
  A pro se prisoner's written objections to a magistrate's report and recommendation are deemed timely filed when they are forwarded to prison officials for delivery to the district court, consistent with the mailbox rule established in Houston v. Lack.
• Carroll Richard Olson v. Coleman
  997 F.2d 726· 10th Cir.· 1993-06-22
  The court affirmed the district court's dismissal of all claims and assessed double costs and attorneys' fees against the appellant for a frivolous appeal.
• Cooper v. Delo
  997 F.2d 376· 8th Cir.· 1993-06-21
  The court held that the district court did not abuse its discretion in dismissing the retaliation and mail claims as frivolous, nor did it err in granting summary judgment for the defendant on the access to courts claim.
• Medvick v. City OF Univ. City
  995 F.2d 857· 8th Cir.· 1993-06-15
  The court held that a prior state court judgment on constitutional claims bars a subsequent federal § 1983 action based on the same claims due to res judicata.
• Burgess v. Ryan
  996 F.2d 180· 7th Cir.· 1993-06-14
  The court held that the district court erred in finding Illinois's license revocation scheme unconstitutional on due process grounds and that the preliminary injunction was improperly granted.
• Woods v. Ind. University-Purdue Univ. AT Indianapolis
  996 F.2d 880· 7th Cir.· 1993-06-14
  The court remanded the case for further consideration of Fed.R.Civ.P. 15(c) regarding the relation back of an amended complaint to add new defendants.
• Gilbertson v. Tex. Bd. OF Pardons & Paroles
  993 F.2d 74· 5th Cir.· 1993-06-11
  A Texas prison inmate does not possess a constitutionally protected interest in a tentative parole date and is not entitled to reasons for its denial or revision.
• Davis v. Ross
  995 F.2d 137· 8th Cir.· 1993-06-10
  The court held that the plaintiff's 42 U.S.C. § 1983 action was time-barred by Iowa's two-year statute of limitations.
• Vukadinovich v. Zentz
  995 F.2d 750· 7th Cir.· 1993-06-09
  The court held that the trial court did not commit reversible errors during the trial and affirmed the judgment in all respects.
• Mitchell v. Reynaldo P. Glover
  996 F.2d 164· 7th Cir.· 1993-06-08
  The court held that the plaintiff failed to demonstrate a denial of either a property or liberty interest, thus affirming the magistrate's decision granting summary judgment for the defendants.
• LOS Angeles Police Protective League v. Gates
  995 F.2d 1469· 9th Cir.· 1993-06-08
  The court held that while the plaintiff cannot obtain relief based on an unconstitutional search if it was not pursuant to official policy, he may still be entitled to equitable relief based on a due process violation related to his termination hearing.
• Millard L. Swenson v. Trickey
  995 F.2d 132· 8th Cir.· 1993-06-07
  The court held that prison officials are entitled to qualified immunity because it was not clearly established in 1986 that an inmate had a liberty interest in avoiding initial administrative segregation or that a fifteen-day delay without a hearing was constitutionally unreasona
• Fletcher v. Butts
  994 F.2d 548· 8th Cir.· 1993-06-07
  The court held that the plaintiff inmate failed to present sufficient evidence of deliberate indifference to his serious medical need, thus summary judgment for the prison officials was proper.
• WEG v. MacChiarola
  995 F.2d 15· 2d Cir.· 1993-06-04
  The court held that the appellants were entitled to qualified immunity because probable cause existed as a matter of law to initiate and continue the prosecution against Weg.
• Ashe v. Corley
  992 F.2d 540· 5th Cir.· 1993-06-04
  The court held that the district court did not abuse its discretion in denying leave to amend, but erred in granting summary judgment on the RICO claims due to the county's failure to meet its initial burden and on the section 1983 claims due to the Supreme Court's rejection of a
• Topp v. Wolkowski
  994 F.2d 45· 1st Cir.· 1993-06-03
  The court held that state troopers are entitled to qualified immunity when arresting a driver based on another officer's observation of a traffic violation, even if the arresting officers did not personally witness the violation, provided state law and practice permit such team a
• Longway v. Jefferson Cnty. Bd. OF Supervisors & Jefferson Cnty.
  995 F.2d 12· 2d Cir.· 1993-06-03
  The court held that the questions presented are ripe for review and affirmed the district court's ruling on ripeness, but certified an unsettled question of New York state law to the New York Court of Appeals.
• Guar. Nat'l Ins. Co. v. Int'l Ins. Co.
  994 F.2d 1280· 7th Cir.· 1993-06-03
  The court held that the insurance policy covered claims for intentional interference with economic relationships and invasion of privacy, but not civil rights violations or punitive damages arising from those violations.
• Evans v. City OF Chicago
  995 F.2d 1393· 7th Cir.· 1993-06-03
  The court held that a consent decree based on an overruled decision should be vacated, as the underlying legal basis no longer exists and the parties did not settle the merits of the case.
• DeMont R.D. Conner v. Sakai
  994 F.2d 1408· 9th Cir.· 1993-06-02
  The court held that a prisoner's due process rights may be violated by disciplinary segregation imposed without adequate notice or opportunity to call witnesses, and by punishment for praying in Arabic under an overly broad English-only rule. Qualified immunity may not apply if a
• SDDS, Inc. v. State OF S.D.
  994 F.2d 486· 8th Cir.· 1993-06-01
  Collateral estoppel does not preclude the current federal action because the issues litigated in the prior state court case (SDDS III) concerning the Initiated Measure are not identical to the issues presented in the current case concerning the Referendum.
• Smith v. Sumner
  994 F.2d 1401· 9th Cir.· 1993-06-01
  A consent decree can create a liberty interest protected by the Fourteenth Amendment, but the specific decree here did not create a protected interest in the bare right to retain counsel for disciplinary hearings, and there was sufficient evidence to support the jury's verdict.
• Woods v. Rhodes
  994 F.2d 494· 8th Cir.· 1993-06-01
  The court held that the district court's denial of summary judgment was clearly sustained by the record, and therefore, the dissent respectfully disagrees with the majority's decision.
• Warren v. State OF Mo.
  995 F.2d 130· 8th Cir.· 1993-05-28
  The court held that the prison officials were entitled to qualified immunity because the inmate failed to present sufficient evidence of deliberate indifference to a serious safety issue or medical need.
• Kramer v. Metro-Dade Corr. & Rehab. Dep't
  S.D. Fla.· 1993-05-28
  The court held that Younger abstention doctrine requires dismissal of declaratory and injunctive relief claims and a stay of damages claims in a federal civil rights action when a state criminal prosecution is pending.
• Arnott v. Mataya
  995 F.2d 121· 8th Cir.· 1993-05-28
  The court held that genuine issues of material fact existed regarding whether the officers had probable cause to arrest the plaintiff, thus denying their motion for summary judgment based on qualified immunity and probable cause.
• Mylett v. Mullican
  992 F.2d 1347· 5th Cir.· 1993-05-28
  The court held that the police officer's actions did not constitute protected speech under the First Amendment, and that members of the Civil Service Commission were entitled to absolute quasi-judicial immunity.
• McNEES v. Mountain Home
  993 F.2d 1359· 8th Cir.· 1993-05-26
  The court held that a witness subpoenaed from out-of-state in a civil case is not entitled to statutory immunity from arrest, and reputational harm alone does not constitute a constitutional deprivation of liberty under § 1983.
• Clark Mershon v. Beasley
  994 F.2d 449· 8th Cir.· 1993-05-26 ·via 42 U.S.C. § 1983 Claim
  The court held that there was sufficient evidence to support the jury's verdict on the § 1983 and malicious prosecution claims.
• Bryant v. Muth
  994 F.2d 1082· 4th Cir.· 1993-05-24
  Prison officials are entitled to qualified immunity for confiscating an inmate's legal materials created using unauthorized prison computers and stored on contraband disks, as their actions did not violate clearly established constitutional rights.
• Garth Maag v. Wessler
  993 F.2d 718· 9th Cir.· 1993-05-24
  The court held that a district court is not required to articulate specific reasons for denying attorney fees to a prevailing defendant under 42 U.S.C. § 1988, and that the law of the case doctrine did not compel an award in this instance.
• Brown v. R.N. Briscoe
  998 F.2d 201· 4th Cir.· 1993-05-21
  A district court may properly dismiss a prisoner's complaint sua sponte under 28 U.S.C. § 1915(d) if it lacks an arguable basis in law or fact, or is based on an indisputably meritless legal theory.
• Alexander v. Peffer
  993 F.2d 1348· 8th Cir.· 1993-05-21
  The court held that the alleged public disclosure of personal information, while potentially poor judgment, did not rise to the level of a constitutional violation cognizable under 42 U.S.C. § 1983.
• L.J. Stephens v. City OF Vista
  994 F.2d 650· 9th Cir.· 1993-05-20
  A municipality cannot contract away its police powers, but it can agree to a specific development density while still retaining discretion over design review under a 'Q overlay' zoning designation.
• Kasib T. Bilal v. A.L. Lockhart
  993 F.2d 643· 8th Cir.· 1993-05-20
  The court held that the district court did not abuse its discretion in admitting testimony about the unwritten commitment name policy, as its probative value outweighed any unfair prejudice.
• Grunwald v. SAN Bernardino City Unified Sch. Dist.
  994 F.2d 1370· 9th Cir.· 1993-05-19
  The dissent argues that the District and Union's deduction-escrow-refund procedure for agency fees is unconstitutional because it fails to minimize infringement on nonmembers' First Amendment rights by holding disputed funds for four months without adequate justification.
• Allene Gates v. Rivera
  993 F.2d 697· 9th Cir.· 1993-05-18
  The court held that evidentiary rulings, even if erroneous, were either correct, harmless error, or did not affect the jury's verdict.
• Cottrell v. Kaysville City
  994 F.2d 730· 10th Cir.· 1993-05-18
  The court held that genuine disputes of material fact existed regarding both the plaintiff's wrongful arrest and the legality of the strip search, making summary judgment inappropriate.
• Gerritsen v. City OF LOS Angeles
  994 F.2d 570· 9th Cir.· 1993-05-14
  The court held that the City's ban on handbill distribution in certain park areas and its permit scheme for other areas are not valid time, place, or manner restrictions on protected speech in a public forum.