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

• Murphy Charles Jones v. Dick Moore
  986 F.2d 251· 8th Cir.· 1993-02-19
  The court held that the Parole Board Chairman is entitled to absolute immunity and the parole officer is entitled to judgment because the plaintiff failed to present evidence of deliberate indifference or false reports.
• Dixon v. Chrans
  986 F.2d 201· 7th Cir.· 1993-02-18
  The court held that an Illinois statute creating an exception to the tolling of the statute of limitations for prisoner claims against Department of Corrections officials is inconsistent with the purposes of 42 U.S.C. § 1983 and cannot be applied to such suits.
• Fields v. Kelly
  986 F.2d 225· 8th Cir.· 1993-02-17
  The court held that the applicant was not denied due process or equal protection, as he received adequate administrative review and the Multistate Bar Examination questions must be kept confidential.
• Simons v. City OF Grand Forks
  985 F.2d 981· 8th Cir.· 1993-02-16
  The court held that the pre-termination procedures afforded to the employee met the due process requirements of notice, explanation of evidence, and opportunity to respond, and that the decisionmaker was not compelled to terminate the employee.
• Graff v. City OF Chicago
  986 F.2d 1055· 7th Cir.· 1993-02-16
  A newsstand is a structure, not speech, and thus not protected by the First Amendment. Therefore, a facial challenge to the ordinance is not permitted.
• LeMoyne Dale Chesson v. Jaquez
  986 F.2d 363· 10th Cir.· 1993-02-16
  The court held that the inmate's notice of appeal was timely filed, and affirmed the district court's grant of summary judgment because the inmate failed to demonstrate how the excluded evidence or witness testimony would have affected the outcome of his disciplinary hearing or t
• Liotta v. Borough OF Springdale
  985 F.2d 119· 3d Cir.· 1993-02-09
  The court held that conclusory affidavits are insufficient to defeat a summary judgment motion when alleging political discharge, and that the plaintiff received adequate due process despite not having a clear property interest.
• Gentile v. Mo. Dep't OF Corr. & Human Res.
  986 F.2d 214· 8th Cir.· 1993-02-09
  The court held that while procedural irregularities occurred below, the grant of summary judgment for the defendants was proper because the plaintiff failed to present specific facts showing deliberate indifference to his serious medical needs.
• Smith v. Barry
  985 F.2d 180· 4th Cir.· 1993-02-08
  An informal brief requesting a new trial can suffice as a notice of appeal if it functionally meets the requirements of Rule 3(c), but it was insufficient to appeal the dismissal of Dr. Barry.
• Interboro Inst., Inc. v. Foley
  985 F.2d 90· 2d Cir.· 1993-02-05
  The court held that Interboro received constitutionally adequate due process through its extensive written submissions and available post-deprivation remedies, and thus was not entitled to a preliminary injunction or an evidentiary hearing.
• Cancel v. R.H. Rison
  985 F.2d 404· 8th Cir.· 1993-02-03
  The appellate court affirmed the district court's dismissal, finding the habeas petition moot due to the petitioner's release and a lack of factual support for his claims.
• The Harold Wash. Party v. The Cook Cnty.
  984 F.2d 875· 7th Cir.· 1993-01-29
  The court held that the district court did not abuse its discretion in denying the plaintiffs' motion to vacate the dismissal order under Rule 60(b).
• Watson v. Caton
  984 F.2d 537· 1st Cir.· 1993-01-29
  The court held that a prisoner's claim of simple negligence regarding medical treatment is not a constitutional violation and can be dismissed as frivolous under 28 U.S.C. § 1915(d), but allegations of deliberate indifference to serious medical needs are not frivolous. A claim of
• Lewry v. Town OF Standish
  984 F.2d 25· 1st Cir.· 1993-01-28
  The court held that the plaintiff's failure to properly object to the magistrate's report procedurally barred consideration of his Rule 56(f) motion and that his conduct constituted obstruction of a public way.
• Dorsey v. Hous. Auth. OF Baltimore City
  984 F.2d 622· 4th Cir.· 1993-01-26
  The court held that public housing tenants have enforceable rights to challenge procedural violations of HUD utility allowance regulations under the Brooke Amendment, and that genuine issues of fact existed regarding the reasonableness of HABC's allowances.
• Holmes v. Donovan
  984 F.2d 732· 6th Cir.· 1993-01-25
  The court held that the National Labor Relations Act's six-month statute of limitations does not apply to claims under the Labor-Management Relations Act § 302, and that claims under the Labor-Management Reporting and Disclosure Act § 101(a)(5) are governed by Tennessee's one-yea
• Cummings v. S. Portland Hous. Auth.
  985 F.2d 1· 1st Cir.· 1993-01-21
  The court held that the SPHA employee manual's provisions regarding merit-based employment created a constitutionally protected property interest in continued employment, entitling the employee to due process.
• Gartrell v. R.S. Gaylor
  981 F.2d 254· 5th Cir.· 1993-01-21
  The court held that the district court abused its discretion by dismissing the inmate's § 1983 claims as frivolous, as the inmate presented a colorable claim for tolling of the statute of limitations due to exhaustion of administrative remedies and a potentially arguable claim re
• Gallegos v. City & Cnty. OF Denver
  984 F.2d 358· 10th Cir.· 1993-01-20
  The court held that the plaintiff failed to meet her burden of showing that the defendants' actions violated clearly established law, entitling the defendants to qualified immunity.
• Griffin v. Strong
  983 F.2d 1540· 10th Cir.· 1993-01-20
  Statements made by a defendant during an interrogation are inadmissible if coerced, regardless of whether they constitute a full confession or merely an admission.
• Sorensen v. City OF Aurora
  984 F.2d 349· 10th Cir.· 1993-01-19
  The court affirmed the district court's findings, holding that the plaintiff failed to prove intentional discrimination or that the City's reasons for termination were pretextual, and that the district court did not abuse its discretion in evidentiary rulings.
• Mertik v. Blalock
  983 F.2d 1353· 6th Cir.· 1993-01-15
  The court held that the plaintiff sufficiently alleged a property interest in her ability to teach at the city's rink, thus reversing the dismissal of her procedural due process claim. However, the court affirmed the dismissal of the claim against the skating club.
• BFI Med. Waste Sys. v. Whatcom Cnty.
  983 F.2d 911· 9th Cir.· 1993-01-15
  A county ordinance banning out-of-county medical waste disposal violates the Commerce Clause and is therefore unconstitutional. Attorney's fees under 42 U.S.C. § 1988 may be available, requiring remand for the district court to exercise its discretion.
• Resident Council OF Allen Parkway Vill. v. United States Dep't OF Hous. & Urban Dev.
  980 F.2d 1043· 5th Cir.· 1993-01-13
  The court held that the residents failed to state a claim under 42 U.S.C. § 1983 and are not entitled to judicial review under the Administrative Procedure Act, thus reversing the district court's grant of permanent injunctive relief.
• Mark v. Crispus NIX
  983 F.2d 138· 8th Cir.· 1993-01-13
  The confiscation of an inmate's rosary with a hard plastic crucifix, and the subsequent denial of his grievance, did not violate his constitutional rights.
• Parker v. Fort Worth Police Dep't
  980 F.2d 1023· 5th Cir.· 1993-01-12
  The district court abused its discretion by dismissing the false arrest and unlawful detention claims as frivolous based on an erroneous legal conclusion that they should have been brought as a habeas corpus petition.
• Pettengill v. Veasey
  983 F.2d 130· 8th Cir.· 1993-01-12
  The court held that the district court erred in adopting the magistrate judge's findings because the magistrate judge improperly resolved factual disputes against the plaintiff, who had requested a jury trial.
• Jackson v. State OF La.
  980 F.2d 1009· 5th Cir.· 1993-01-12
  The Orleans Parish Criminal Sheriff possesses the authority to conduct criminal investigations and make arrests within Orleans Parish, and therefore, a deputy sheriff acting under official policy did not violate federal or state law by arresting a citizen for traffic violations.
• Thomas v. Bible
  983 F.2d 152· 9th Cir.· 1993-01-07
  The majority erred in holding that the law of the case prohibited the district court from awarding attorney's fees, as the prior appellate decision on fees was discretionary and did not establish law of the case for the district court.
• Buckner v. Hollins
  983 F.2d 119· 8th Cir.· 1993-01-06
  The court held that the defendant officer's failure to intervene in an assault on a prisoner, even if formal custody had not yet transferred, constituted deliberate indifference to the prisoner's Eighth Amendment rights, and thus qualified immunity was not warranted.
• Grady v. EL Paso Cmty. Coll.
  979 F.2d 1111· 5th Cir.· 1992-12-30
  The court held that a plaintiff stated a First Amendment claim sufficient to deny qualified immunity, but failed to state a claim under the Veterans' Reemployment Rights Act against an individual defendant.
• Alexander v. MacOubrie
  982 F.2d 307· 8th Cir.· 1992-12-30
  The court held that a complaint alleging interference with counsel, which acts as a substantial impediment to meaningful access to the courts, is not frivolous under 28 U.S.C. § 1915(d).
• Heriberto Ayala-MARTÍNEZ v. ANGLERÓ
  982 F.2d 26· 1st Cir.· 1992-12-23
  The court affirmed the summary judgment on the malicious prosecution claim, finding it did not rise to the level of a constitutional violation under § 1983, but remanded the remaining claims for further proceedings.
• In re Burnley
  988 F.2d 1· 4th Cir.· 1992-12-22
  The court held that it lacked jurisdiction to review the initial order imposing a pre-filing review system because the appeal was not timely filed, and affirmed the denial of the motion to modify that system, finding no abuse of discretion.
• Brown v. Wigginton
  981 F.2d 913· 6th Cir.· 1992-12-21
  The court held that the plaintiff should have been given one year from the effective date of the repeal of the tolling statute to file her complaint.
• Zilich v. Lucht
  981 F.2d 694· 3d Cir.· 1992-12-17 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a prisoner's claim of denial of access to the courts, stemming from the confiscation of legal materials, is a substantive due process claim actionable under 42 U.S.C. § 1983 and is not foreclosed by the availability of state post-deprivation remedies under the
• Coffin v. Murray
  983 F.2d 563· 4th Cir.· 1992-12-16
  The court held that the Department of Corrections properly interpreted and applied Virginia's prison statute governing extraordinary credits, and thus inmates were not deprived of liberty interests protected by the Fourteenth Amendment.
• Folden v. Wash. State Dep't OF Soc. & Health Servs.
  981 F.2d 1054· 9th Cir.· 1992-12-11
  The court affirmed the district court's decision, holding that Washington's Medicaid reimbursement rates complied with the Boren Amendment's procedural and substantive requirements and that the state was not entitled to attorneys' fees.
• Nobles v. Brown
  985 F.2d 235· 6th Cir.· 1992-12-09
  The court held that a state prison guard's rape by an inmate does not constitute a deprivation of liberty without due process of law under the Fourteenth Amendment, even if prison officials were negligent.
• King v. Davis
  980 F.2d 1236· 8th Cir.· 1992-12-08
  The court affirmed the district court's grant of a new trial, finding that the district court properly weighed the evidence and did not abuse its discretion.
• Stroman v. Colleton Cnty. Sch. Dist.
  981 F.2d 152· 4th Cir.· 1992-12-04
  The court held that a teacher's proposal for a "sick-out" during final exams, even if mixed with criticism of budget management, constituted unprotected speech because it urged dishonest conduct and frustrated the state's interest in providing public education.
• Pearlie Mae Turner v. White
  980 F.2d 1180· 8th Cir.· 1992-12-02
  The court held that the trial court's erroneous jury instruction on 'deliberate indifference' did not constitute plain error, and the admission of evidence regarding alcohol consumption was not an abuse of discretion.
• Boone v. Dick D. Moore
  980 F.2d 539· 8th Cir.· 1992-12-02 ·via 42 U.S.C. § 1983 Action
  The court held that the admission of the audiologist's report as substantive evidence was error, but harmless, and that the district court did not abuse its discretion in admitting expert testimony despite late disclosure.
• Johannes Hansard v. Barrett
  980 F.2d 1059· 6th Cir.· 1992-12-02
  The court held that plaintiffs failed to present sufficient evidence of a discriminatory policy denying homosexual inmates work opportunities and sentence reductions, thus affirming summary judgment for the defendants.
• Pearson v. Fair
  980 F.2d 37· 1st Cir.· 1992-11-24
  The court held that plaintiffs were prevailing parties entitled to attorney's fees under 42 U.S.C. § 1988 because their lawsuit had a catalytic effect in bringing about significant improvements in the defendants' isolation policies, even though they did not achieve complete succe
• Mattoon v. City OF Pittsfield
  980 F.2d 1· 1st Cir.· 1992-11-20
  The court held that the Safe Drinking Water Act (SDWA) preempts federal common law nuisance and section 1983 claims, and that citizen suits under the SDWA require allegations of an ongoing violation, not merely past harm.
• Franklin v. J. Banks
  979 F.2d 1330· 8th Cir.· 1992-11-20
  The court held that the district court's findings were not clearly erroneous and affirmed the dismissal of the inmate's complaint.
• Parker v. Carpenter
  978 F.2d 190· 5th Cir.· 1992-11-20
  The court held that the district court abused its discretion by dismissing the pro se plaintiff's § 1983 action without sufficient factual development, as the claims of retaliation and inadequate medical care had an arguable basis in law and fact.
• Post v. W.R. Harper
  980 F.2d 491· 8th Cir.· 1992-11-19
  The court held that the plaintiff received adequate due process protections through both pre-termination and post-termination hearings, and that his equal protection and First Amendment claims lacked merit.
• Gosnell v. City OF Troy
  979 F.2d 1257· 7th Cir.· 1992-11-17
  The court held that the appeal must be dismissed for lack of appellate jurisdiction because the district court did not conclusively rule on the qualified immunity issue, making the collateral order doctrine inapplicable.