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

• Brow v. Farrelly
  994 F.2d 1027· 3d Cir.· 1993-05-13
  The District Court erred in its jurisdictional analysis but correctly dismissed the petitions on other grounds; however, its sua sponte order enjoining the plaintiff from filing further actions was an abuse of discretion and is vacated.
• Beck v. Schwartz
  992 F.2d 870· 8th Cir.· 1993-05-12
  The district court erred by failing to rule on the appellant's motion for summary judgment regarding qualified immunity. The court must first determine if a constitutional right was violated.
• French v. Lt. Dedrick A. Beard
  993 F.2d 160· 8th Cir.· 1993-05-11
  The court held that the district court did not abuse its discretion in denying the motion for a new trial based on the verdict being against the weight of the evidence.
• Estes v. Moore
  993 F.2d 161· 8th Cir.· 1993-05-11
  The court held that the district court did not err in denying the motion for a new trial, nor in its evidentiary rulings regarding expert testimony and negligence.
• Smith v. Noonan
  992 F.2d 987· 9th Cir.· 1993-05-10
  The Washington Administrative Code (WAC) does not create a liberty interest for prisoners to remain in the general prison population, and therefore, placing an inmate in administrative segregation does not violate due process rights.
• McCRARY-EL v. Shaw
  992 F.2d 809· 8th Cir.· 1993-05-06
  The court held that the trial court did not abuse its discretion in excluding witness testimony, admitting a videotape, or admitting conduct violation reports, and that any error in refusing a jury instruction regarding missing evidence was harmless.
• Meyer v. Robinson
  992 F.2d 734· 7th Cir.· 1993-05-06
  The court held that the district court properly denied the defendant officer's motion for qualified immunity because material issues of fact remain regarding whether the officer's actions violated clearly established law.
• Peart v. City OF NEW York
  992 F.2d 458· 2d Cir.· 1993-05-03
  The court held that the district court did not abuse its discretion in dismissing the action with prejudice and imposing monetary sanctions on counsel due to the attorney's failure to comply with court orders and prosecute the action.
• Shannon v. White
  992 F.2d 791· 8th Cir.· 1993-05-03 ·via 42 U.S.C. § 1983 Claim
  The court held that it lacks jurisdiction to hear an interlocutory appeal from a district court's order when the order does not decide the issue of qualified immunity.
• Hill v. Shelander
  992 F.2d 714· 7th Cir.· 1993-04-30
  The court held that it lacked jurisdiction to review the denial of qualified immunity based on disputed facts regarding the officer's intent, but that the Eighth Amendment right against excessive force was clearly established.
• Crane v. Logli
  992 F.2d 136· 7th Cir.· 1993-04-30
  The court held that the plaintiff's continued incarceration in a maximum security prison after his conviction was reversed did not violate his constitutional rights because he did not have a protected liberty interest as a pretrial detainee under the Due Process Clause.
• Mohamed Abdul Hafiz El-Tabech v. Gunter
  992 F.2d 183· 8th Cir.· 1993-04-30
  The court held that it lacked jurisdiction to hear the appeal because the district court's order was not final and no injunction had been entered.
• Abdul Y. Salahuddin v. E.W. Jones
  992 F.2d 447· 2d Cir.· 1993-04-30
  The court held that a district court has the power to dismiss claims on res judicata grounds even if the defense is not raised in the pleadings, and that new claims were properly dismissed for failure to state a claim.
• Crocog Co. v. Reeves
  992 F.2d 267· 10th Cir.· 1993-04-29
  The court held that the plaintiff's federal action was barred by claim preclusion (res judicata) because the plaintiff could have and should have raised its federal constitutional claims in the prior state court proceeding reviewing the administrative assessment.
• Goff v. Dailey
  991 F.2d 1437· 8th Cir.· 1993-04-29
  The court held that prison disciplinary boards may not find an inmate guilty based on less than a preponderance of the evidence, as this violates due process. The dissent argues the majority incorrectly applied a standard of review instead of a standard of proof.
• Elenor Joyce Whittaker GAY v. Turner
  994 F.2d 425· 8th Cir.· 1993-04-28
  The court held that the temporary transfers to a mental hospital did not violate due process and that the defendants were entitled to qualified immunity for the administration of antipsychotic drugs.
• Raymundo R. Mendoza v. Lynaugh
  989 F.2d 191· 5th Cir.· 1993-04-28
  The court held that while the prisoner's claims were properly dismissed as frivolous, the Rule 11 sanctions imposed were overly severe and constituted an abuse of discretion.
• Hester Lee Searles v. Se. Pa. Transp. Auth.
  990 F.2d 789· 3d Cir.· 1993-04-27
• Ass'n FOR Cmty. Living IN Colo. v. Romer
  992 F.2d 1040· 10th Cir.· 1993-04-27
  The court held that plaintiffs failed to exhaust administrative remedies under the Individuals with Disabilities Education Act (IDEA), and thus the district court lacked jurisdiction.
• Silva v. T.L. Casey
  992 F.2d 20· 2d Cir.· 1993-04-27
  A prison official's refusal to call a witness who would likely refuse to testify or incriminate themselves does not violate a prisoner's constitutional rights, nor does an assistant's failure to go beyond specific instructions or act in bad faith.
• Settle v. Mickie Ross
  992 F.2d 162· 8th Cir.· 1993-04-23
  The court held that the plaintiff failed to adequately respond to the defendants' motion for summary judgment by not designating specific facts showing a genuine issue for trial.
• Davis v. Calzona Hall
  992 F.2d 151· 8th Cir.· 1993-04-22 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff failed to state a claim for deliberate indifference to his serious medical needs under § 1983, and that mere negligence is insufficient for such a claim.
• Biddle v. Martin
  992 F.2d 673· 7th Cir.· 1993-04-22
  The court held that the officers were entitled to qualified immunity because they had probable cause to arrest Biddle for disorderly conduct and improper vehicle operation, and that the malicious prosecution claim was barred by the existence of probable cause.
• Nereida-Gonzalez v. Cirilo Tirado-Delgado
  990 F.2d 701· 1st Cir.· 1993-04-14
  Qualified immunity shields government officials from liability for money damages for First Amendment violations if their conduct did not violate clearly established rights, but it does not bar claims for equitable relief against officials in their official capacities.
• Hallstrom v. City OF Garden City
  991 F.2d 1473· 9th Cir.· 1993-04-12
  The court held that a four-day detention without presentation to a magistrate, even when the detainee refused booking procedures, violates the Fourth Amendment's prompt presentment requirement, and that municipalities cannot claim qualified immunity.
• Comiskey v. JFTJ Corp.
  989 F.2d 1007· 8th Cir.· 1993-04-06
  The court held that a default judgment was appropriate due to the defendant's willful discovery abuses, but the award of damages was reversed because the plaintiff failed to state a cognizable claim under 42 U.S.C. § 1983. The attorney fees award was affirmed as a Rule 37 sanctio
• Thompson v. Walbran
  990 F.2d 403· 8th Cir.· 1993-04-02
  A prosecutor is entitled to absolute prosecutorial immunity for claims arising from conduct during a criminal prosecution and for retaining evidence. A FOIA claim for damages against an individual is not cognizable.
• Biser v. Town OF BEL AIR
  991 F.2d 100· 4th Cir.· 1993-04-02
  A party does not possess a cognizable property interest for substantive due process claims based solely on a state court's equitable estoppel ruling that barred a municipality from asserting its legal right to deny a permit.
• Walters v. Grossheim
  990 F.2d 381· 8th Cir.· 1993-04-01
  Prison officials are not entitled to qualified immunity for failing to obey an unstayed state court judgment that created a liberty interest, and the denial of punitive damages was proper.
• Deaton v. Montgomery Cnty.
  989 F.2d 885· 6th Cir.· 1993-04-01
  A county is not liable under 42 U.S.C. § 1983 for constitutional deprivations resulting from a municipality's custom, policy, or practice when the county has contracted with the municipality to operate a jail, as long as the county did not demonstrate deliberate indifference and
• Dixon v. Ylst
  990 F.2d 478· 9th Cir.· 1993-04-01
  The court held that a prisoner's consent to trial before a magistrate judge, denial of a request to call witnesses without proper procedure, and physical restraints during recesses did not violate his rights.
• Brookins v. Kolb
  990 F.2d 308· 7th Cir.· 1993-03-31
  The court held that the prisoner's actions constituted violations of prison regulations regarding correspondence and fund disbursement, not protected speech or petition rights, and affirmed the grant of summary judgment.
• Castillo v. Cook Cnty. Mail Room Dep't
  990 F.2d 304· 7th Cir.· 1993-03-30
  The court held that the plaintiff's allegations of unintentional and isolated negligence in mail handling do not support a claim under 42 U.S.C. § 1983.
• Carter v. City OF Philadelphia
  989 F.2d 117· 3d Cir.· 1993-03-19
  The court held that the Pennsylvania Veterans' Preference Act, which grants preference to qualified veterans in civil service promotions, supersedes conflicting local regulations and confers a constitutionally protected property right.
• Stachniak v. Hayes
  989 F.2d 914· 7th Cir.· 1993-03-19
  The court affirmed the district court's judgment, finding no reversible error in the jury instructions or the denial of a new trial motion.
• Vieira v. Presley
  988 F.2d 850· 8th Cir.· 1993-03-17
  The court held that the public officials were entitled to qualified immunity because the plaintiff's alleged associations with friends and acquaintances did not fall under a clearly established First Amendment right to freedom of association.
• Wilkerson v. Columbus Separate Sch. Dist.
  985 F.2d 815· 5th Cir.· 1993-03-15
  Summary judgment was inappropriate for the school district as sufficient evidence of racial animus existed, but was appropriate for the individual defendants.
• Manya Atiya, M.D. v. Salt Lake Cnty.
  988 F.2d 1013· 10th Cir.· 1993-03-12
  The court held that the district court did not err in granting summary judgment for the defendants based on quasi-judicial immunity for some defendants and collateral estoppel for others, as the prior administrative proceeding met the requirements for preclusion.
• Mansfield Apt. Owners Ass'n v. City OF Mansfield
  988 F.2d 1469· 6th Cir.· 1993-03-12
  The court's majority opinion, which this concurrence agrees with regarding the judgment, applied a rational basis test to a governmental scheme, finding it permissible. The concurring judge believes a reasonableness test is more appropriate for substantive due process claims.
• Sveeggen v. United States
  988 F.2d 829· 8th Cir.· 1993-03-11
  The court held that the district court properly dismissed the complaint and imposed sanctions, affirming the lower court's decision.
• Gaines v. Walker
  986 F.2d 1438· D.C. Cir.· 1993-03-09
  The court held that the District of Columbia is not obligated to indemnify the officer for his liability, but the trial court committed prejudicial error by excluding the officer's prior consistent statement (police report) offered to rebut a charge of fabrication.
• CASA Marie, Inc. v. Superior Court OF Puerto RICO for the Dist. OF Arecibo
  988 F.2d 252· 1st Cir.· 1993-03-09
  The court held that the section 1983 claims failed due to lack of state action and that the Fair Housing Act claims should not have been entertained by the federal district court due to the Anti-Injunction Act and Younger abstention. The federal district court improperly enjoined
• Thiokol Corp. v. Dep't OF Treas.
  987 F.2d 376· 6th Cir.· 1993-03-05
  The Tax Injunction Act does not bar ERISA challenges to state taxes in federal court when state courts lack jurisdiction over ERISA claims, and ERISA does not abrogate states' Eleventh Amendment immunity. Claims for prospective injunctive and declaratory relief against state offi
• Shaumyan v. O'Neill
  987 F.2d 122· 2d Cir.· 1993-03-03
  Connecticut's prejudgment attachment statute, Conn.Gen.Stat. § 52-278e(a)(l), is constitutional as applied to a debtor-creditor dispute involving a claim for materials and labor furnished for home improvement.
• Herndon v. Armontrout
  986 F.2d 1237· 8th Cir.· 1993-03-02
  The court held that the jury instructions, when viewed as a whole, adequately conveyed the legal standard for prisoner protection, and that sufficient evidence supported the jury's verdicts.
• Holthaus v. Bd. OF Educ.
  986 F.2d 1044· 6th Cir.· 1993-03-02
  A public employee's claim of improper discharge from employment, even if defamatory and breaching a contract, does not implicate substantive due process rights under § 1983.
• Ronny J. Goldsmith v. Mayor & City Council OF Baltimore
  987 F.2d 1064· 4th Cir.· 1993-02-26
  The court held that the prior judgment did not preclude Goldsmith's free speech claims, but affirmed summary judgment for the defendants because Goldsmith failed to present evidence of retaliatory motive for her discharge.
• Latimore v. Widseth
  986 F.2d 292· 8th Cir.· 1993-02-25
  The court would hold that the defendant is entitled to qualified immunity and summary judgment dismissal of the plaintiff's claim.
• Sorkis Sanders-El v. Det. Wencewicz
  987 F.2d 483· 8th Cir.· 1993-02-23
  The trial court did not abuse its discretion in denying the motion for a mistrial.
• Best v. Essex Cnty.
  986 F.2d 54· 3d Cir.· 1993-02-22
  The court held that while pretrial detainees have due process rights to personal security, the plaintiff failed to establish a causal link between alleged overcrowding and his injury from another detainee's assault.