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

• Hill v. Nicodemus
  979 F.2d 987· 4th Cir.· 1992-11-16
  The court affirmed the lower court's decisions, holding that the wrongful death claim was barred by Virginia law due to suicide, and that the jury instruction on 'deliberate indifference' for the § 1983 claim was appropriate.
• Or. State Police Officers Ass'n v. Peterson
  979 F.2d 776· 9th Cir.· 1992-11-13
  The court held that the plaintiffs failed to establish a justiciable case or controversy, as the alleged future events required for the denial of attorney fees were too speculative.
• Isa Abdullah Ramadan Shabazz
  980 F.2d 1333· 10th Cir.· 1992-11-09
  The court held that the district court abused its discretion by weighing disputed facts when dismissing the plaintiff's retaliation claim as frivolous under 28 U.S.C. § 1915(d).
• Sours v. Long
  978 F.2d 1086· 8th Cir.· 1992-11-05
  The district court correctly granted summary judgment on the prisoner's claim that prison hair-grooming regulations interfered with his religious exercise.
• Lamont Griffin-Bey v. Bowersox
  978 F.2d 455· 8th Cir.· 1992-11-03
  The court held that an inmate's claim of a due process violation at a disciplinary hearing fails without a showing of prejudice, and that prison regulations do not create independent constitutional rights beyond the Due Process Clause.
• DeCAMP v. Douglas Cnty. Franklin Grand Jury
  978 F.2d 1047· 8th Cir.· 1992-11-02
  Special prosecutors are absolutely immune from § 1983 liability for assisting a grand jury in drafting an official report permitted by state law, as this function is intimately associated with the judicial phase of the criminal process.
• Bear v. Crispus C. NIX
  977 F.2d 1291· 8th Cir.· 1992-10-23
  The court held that while the prisoner's free exercise claim was not reviewable, the prison's Native American consultant's decision to exclude the prisoner based solely on lack of a BIA enrollment number violated the terms of a prior settlement agreement.
• Story v. Green
  978 F.2d 60· 2d Cir.· 1992-10-19
  The court held that the repeal of a statutory exemption for disabled veterans from street peddling regulations did not violate the Due Process, Equal Protection, or Takings Clauses of the Constitution, and that state law claims were properly dismissed.
• Martin v. Harrison Cnty. Jail
  975 F.2d 186· 5th Cir.· 1992-10-19
  The court held that a pro se litigant is not entitled to specific notice of summary judgment procedures beyond that provided by the rules.
• Luiet Jamal Coleman v. Haskell Monroe
  977 F.2d 442· 8th Cir.· 1992-10-13
  The court held that the University's disciplinary proceeding and one-semester suspension did not violate the student's constitutional rights to due process or equal protection.
• Williams v. Armontrout
  977 F.2d 437· 8th Cir.· 1992-10-13
  The dissenting judge believes the district court erred in ordering a retrial on damages only, arguing it is unfair to the defendant in an Eighth Amendment case.
• Foster v. Major James Eberle
  978 F.2d 1014· 8th Cir.· 1992-10-09
  The court held that the district court did not abuse its discretion in dismissing the case for failure to obey court orders.
• ZAR v. The S.D. Bd. OF Exam'rs OF Psychologists
  976 F.2d 459· 8th Cir.· 1992-10-09
  The court held that the district court did not err in denying the motion to compel discovery, granting summary judgment on civil rights claims, or abstaining from injunctive relief.
• Shabazz v. Lynaugh
  974 F.2d 597· 5th Cir.· 1992-09-29
  The court held that a plaintiff alleging an Eighth Amendment excessive force claim need not plead or prove significant injury.
• Schertz v. Crispus NIX
  975 F.2d 1382· 8th Cir.· 1992-09-25
  The court held that the prisoner's claim was barred by collateral estoppel because the issue was actually litigated and decided in state post-conviction proceedings.
• Burton v. Armontrout
  975 F.2d 543· 8th Cir.· 1992-09-21
  The court held that the district court did not abuse its discretion in granting limited injunctive relief despite a jury verdict for defendants, and did not err in directing verdicts for defendants on the inmates' claims.
• Eaton v. Newport Bd. OF Educ.
  975 F.2d 292· 6th Cir.· 1992-09-17
  Actions taken by the Kentucky Education Association (KEA) and William Gist to advocate for a school principal's termination are protected by the First Amendment's rights to free speech and petition, and thus cannot form the basis for a lawsuit.
• Jackson v. Gates
  975 F.2d 648· 9th Cir.· 1992-09-17
• Pena v. Booth Gardner
  976 F.2d 469· 9th Cir.· 1992-09-15
  The court held that determining whether a suit is against an official in their "official" or "individual" capacity requires analyzing the specifics of the conduct, not just the caption.
• Eanos Earl Hunt and Raymond Roger Jones v. Reynolds
  974 F.2d 734· 6th Cir.· 1992-09-10
  The court held that forcing a prisoner with a serious medical need for a smoke-free environment to share a cell with a smoker can violate the Eighth Amendment's objective component.
• Medrano v. City OF LOS Angeles
  973 F.2d 1499· 9th Cir.· 1992-09-08
  The court held that the erroneous denial of a peremptory challenge to an alternate juror who later sat on the jury is reversible error, and that allowing impeachment of witnesses by certain misdemeanor convictions is also an error.
• Waltz v. Cnty. OF Lycoming
  974 F.2d 387· 3d Cir.· 1992-09-04
• Ketchum v. City OF W. Memphis
  974 F.2d 81· 8th Cir.· 1992-09-02
• Sisk v. CSO Branch
  974 F.2d 116· 9th Cir.· 1992-09-02
  A prisoner's section 1983 action challenging disciplinary procedures, even if it involves loss of good time credits, does not require exhaustion of state remedies if the effect on the duration of confinement is speculative and incidental.
• Nobby Lobby, Inc. v. City OF Dallas
  970 F.2d 82· 5th Cir.· 1992-09-01
  The court held that the district court did not err in finding that the City acted in bad faith and with intent to harass, thus justifying federal intervention despite pending state proceedings, and that the City could be held liable as its officers acted pursuant to official poli
• Kinsey Gordon v. Faber
  973 F.2d 686· 8th Cir.· 1992-08-31
  The court held that the district court's findings were not clearly erroneous and supported the conclusion that the appellant violated the inmates' Eighth Amendment rights.
• Murphy v. Denis Dowd
  975 F.2d 435· 8th Cir.· 1992-08-28
  The court held that the defendant is entitled to qualified immunity because there was no clearly established constitutional right to be free from environmental tobacco smoke exposure at the time of the alleged violation.
• Bailey v. City OF Lawrence
  972 F.2d 1447· 7th Cir.· 1992-08-20
  Under Indiana law, a person reaches a given age on their birthday, not the day before. Therefore, Bailey was not ineligible for appointment when appointed the day before his thirty-sixth birthday.
• Coates v. Daugherty
  973 F.2d 290· 4th Cir.· 1992-08-18
  The court held that the jury's verdict denying qualified immunity to the officers was supported by sufficient evidence, and therefore, judgment notwithstanding the verdict was inappropriate.
• Wolfel v. Morris
  972 F.2d 712· 6th Cir.· 1992-08-18
  The court held that prison officials are entitled to qualified immunity for actions taken under a regulation later found unconstitutionally vague as applied, and that enhancement of attorney fees for contingency is not permitted under 42 U.S.C. § 1988.
• Letcher v. Turner
  968 F.2d 508· 5th Cir.· 1992-08-17
  The presence of female guards during a strip search of a male inmate does not violate the inmate's constitutional right to privacy, especially when necessitated by security concerns following an inmate disturbance.
• Buzek v. The Cnty. OF Saunders
  972 F.2d 992· 8th Cir.· 1992-08-17
  The court held that the deputy sheriff's letter was protected speech under the First Amendment and that the sheriff's decision to fire him was a substantial or motivating factor, supporting the jury's verdict. The court also affirmed the county's liability and rejected the sherif
• Munz v. Parr
  972 F.2d 971· 8th Cir.· 1992-08-14
  The court held that collateral estoppel barred the claim regarding the search's constitutionality, the identification of the officer for the excessive force claim was implausible, and there were insufficient facts for a conspiracy claim.
• Barnes v. Parker
  972 F.2d 978· 8th Cir.· 1992-08-14 ·via 42 U.S.C. § 1983 Action
  The court held that the district court did not err in denying the motion for a new trial and in permitting a peremptory challenge to strike a juror, affirming the dismissal of the § 1983 action.
• Russell v. Bd. OF Trs. OF THE Firemen
  968 F.2d 489· 5th Cir.· 1992-08-14 ·via 42 U.S.C. § 1983 Claim
  The court held that the widow's claims were barred by the statute of limitations and that the pension plan amendment did not apply retroactively to her situation.
• Sanders v. Brewer
  972 F.2d 920· 8th Cir.· 1992-08-13
  The court affirmed the district court's judgment, holding that the magistrate judge did not err in granting summary judgment to supervisors, admitting impeachment testimony, or awarding attorney's fees, and that the nominal damages award was not a plain injustice.
• Goldberg v. Town OF Rocky Hill
  973 F.2d 70· 2d Cir.· 1992-08-10
  A municipality is not entitled to absolute or qualified immunity under 42 U.S.C. § 1983 for actions taken in a legislative capacity.
• Sterling Dicken v. Ashcroft
  972 F.2d 231· 8th Cir.· 1992-08-07
  The court held that the inmate's claims were either moot, conceded to be invalid, or not properly raised before the district court, thus affirming the dismissal.
• Rocky Mountain Materials & Asphalt, Inc. v. The Bd. OF Cnty. Comm'rs OF EL Paso Cnty.
  972 F.2d 309· 10th Cir.· 1992-08-05
  A procedural due process claim is unripe if it is based on the same deprivation as an unripe takings claim.
• Walker v. Butler
  967 F.2d 176· 5th Cir.· 1992-08-04
  The court held that the officer's actions did not constitute deliberate indifference to the inmate's serious medical needs, as his conduct was not wanton or a reckless disregard for the inmate's rights.
• Koenig v. Vannelli
  971 F.2d 422· 9th Cir.· 1992-08-04
  The court held that prison officials did not violate an inmate's due process rights by denying his request for an independent drug test at his own expense.
• Reynaga v. Cammisa
  971 F.2d 414· 9th Cir.· 1992-08-03
  A magistrate judge exceeded their authority by issuing a stay and administratively closing a case without party consent, and the appellate court can review this action by treating the appeal as a petition for writ of mandamus.
• George v. City OF Long Beach
  973 F.2d 706· 9th Cir.· 1992-07-31
  The court held that nominal damages must be awarded for a proven violation of constitutional rights, and that state law claims for false arrest and imprisonment should not have been dismissed based solely on the existence of probable cause when the arrest was otherwise unlawful.
• Zavaro v. Coughlin
  970 F.2d 1148· 2d Cir.· 1992-07-31
  A prison disciplinary hearing officer is not entitled to qualified immunity when adjudicating an inmate guilty without any reliable evidence, violating the inmate's clearly established due process right to 'some evidence' supporting the finding.
• Jerry Young also known as Ramadan v. Hoffman
  970 F.2d 1154· 2d Cir.· 1992-07-31
  The court held that an administrative reversal of a prison disciplinary hearing, which vacated the penalty, cured any due process violations and eliminated any claim for damages.
• Hottinger v. Pope Cnty.
  971 F.2d 127· 8th Cir.· 1992-07-27
  The court held that a public employer's grooming policy prohibiting mustaches and beards is not an irrational violation of substantive due process rights when rationally related to legitimate governmental goals.
• Dall v. Coffin
  970 F.2d 964· 1st Cir.· 1992-07-22
  The court held that the trial judge did not abuse his discretion in denying a motion to disqualify a juror, prohibiting pre-verdict investigation, or denying post-trial motions for new trial and juror interviews, as the appellants failed to demonstrate actual prejudice or a manif
• Taajwar K. Rasheed-Bey v. Duckworth
  969 F.2d 357· 7th Cir.· 1992-07-22
  The court held that the prison's disciplinary hearing process satisfied the Due Process Clause requirements, affirming the judgment for the defendants.
• Rosen v. Sherrod Brown
  970 F.2d 169· 6th Cir.· 1992-07-22
  Ohio Revised Code § 3505.03 is unconstitutional because it violates the First and Fourteenth Amendment rights of Independent candidates to be designated as such on general election ballots, thereby burdening voters' rights to associate and cast meaningful votes.
• Doyle J. Williams v. State OF Mo.
  973 F.2d 599· 8th Cir.· 1992-07-21
  The State of Missouri is entitled to Eleventh Amendment immunity from suit in federal court for a 42 U.S.C. § 1983 action brought by a state inmate.