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

• DeSALLE v. Wright
  969 F.2d 273· 7th Cir.· 1992-07-16
  The court held that the Illinois Medical Practice Act's classification of medical school graduates does not violate equal protection, and the applicant lacked a protected property interest for his due process claim.
• Packett v. Stenberg
  969 F.2d 721· 8th Cir.· 1992-07-16
  The court held that Assistant Attorneys General in Nebraska do not possess a property interest in continued employment that would be protected by the Fourteenth Amendment, and that patronage dismissals are permissible for policymaking positions under the First Amendment.
• Rayes v. Johnson
  969 F.2d 700· 8th Cir.· 1992-07-15
  The court held that the district court abused its discretion by denying the plaintiff's requests for substitute counsel, as the circumstances warranted appointment.
• Guzowski v. Hartman
  969 F.2d 211· 6th Cir.· 1992-07-10
  The court held that the Sherman Act Section 1 and RICO claims failed to state a claim, and the Sherman Act Section 2, Section 1983, and Section 1985(3) claims were barred by issue preclusion.
• Boyer v. Cnty. OF Wash.
  971 F.2d 100· 8th Cir.· 1992-07-10
  A court clerk is entitled to absolute quasi-judicial immunity for issuing an arrest warrant, as this act is an integral part of the judicial process, even if performed without explicit judicial direction.
• van Pelt v. ST. Clair
  968 F.2d 763· 8th Cir.· 1992-07-09
  The court held that the district court properly dismissed the claims as frivolous, granted summary judgment, and dismissed the remaining claims without prejudice.
• Rickke L. Green v. Dorrell
  969 F.2d 915· 10th Cir.· 1992-07-09
  The court held that the district court did not abuse its discretion in dismissing the complaint for failure to comply with local rules and that the recusal motion was properly not addressed.
• DeTOMASO v. McGINNIS
  970 F.2d 211· 7th Cir.· 1992-07-08
  The court held that a prisoner's claim for transfer to a work release program, based on eligibility criteria, does not create a liberty or property interest protected by the Due Process Clause, and thus the denial of such transfer is not actionable under 42 U.S.C. § 1983.
• Harrison v. City OF Greenfield
  966 F.2d 315· 7th Cir.· 1992-07-08
  The court held that the plaintiff received adequate due process and that his First Amendment rights were not violated by the disciplinary proceedings.
• W. Wash. Cnty. Emergency Med. Servs. v. Wash. Cnty.
  967 F.2d 1252· 8th Cir.· 1992-06-30
  The court held that the appellants failed to establish a constitutionally protected property interest or a violation of equal protection, thus affirming the grant of summary judgment.
• Bowser v. Vose
  968 F.2d 105· 1st Cir.· 1992-06-30
  A prison inmate's participation in a furlough program does not rise to the level of a Fourteenth Amendment liberty interest, and therefore, its suspension does not require due process protections.
• Arlin D. Lehman v. City OF Louisville
  967 F.2d 1474· 10th Cir.· 1992-06-29
  The court held that appellants failed to establish a constitutionally protected property interest under Colorado law, precluding their due process claims, and that abstention was inappropriate.
• Cecere v. The City OF NEW York
  967 F.2d 826· 2d Cir.· 1992-06-26
  The denial of a motion for summary judgment in a § 1983 action is only appealable on questions of law, and here, it was not objectively reasonable to believe an emergency existed.
• Greenwald v. Palm Beach Cnty.
  796 F. Supp. 1506· S.D. Fla.· 1992-06-24
  A district court's jurisdiction is not defeated when a plaintiff voluntarily dismisses the sole federal claim upon which removal was based.
• Roman-Nose v. NEW Mexico Dep't OF Human Servs.
  967 F.2d 435· 10th Cir.· 1992-06-19
  The court held that the district court had subject matter jurisdiction under the Indian Child Welfare Act, allowing the plaintiff to potentially amend her complaint.
• Kyricopoulos v. Town OF Orleans
  967 F.2d 14· 1st Cir.· 1992-06-18
  The court held that the appellant was precluded by his state court conviction from relitigating the issue of probable cause in his federal civil rights action.
• Arenson v. S. Univ. LAW Ctr.
  963 F.2d 88· 5th Cir.· 1992-06-18
  An order granting a new trial is interlocutory and not appealable under 28 U.S.C. § 1291, even if the appellant argues the district court lacked power to issue the order.
• Kenneally v. Lungren
  967 F.2d 329· 9th Cir.· 1992-06-16
  The court held that the district court did not err in abstaining under Younger v. Harris, as the plaintiff had an adequate opportunity to litigate his federal constitutional claims in state court proceedings.
• Al Aswad T.A. Muhammad v. Lynaugh
  966 F.2d 901· 5th Cir.· 1992-06-15
• Henderson Duval Houghton v. Carroll V. South
  965 F.2d 1532· 9th Cir.· 1992-06-11
  The court held that the defendant was not entitled to qualified immunity on the due process claim because he failed to demonstrate he was a qualified professional or that his decision was based on professional judgment. The court affirmed the dismissal of the equal protection cla
• Taylor v. Bowers
  966 F.2d 417· 8th Cir.· 1992-06-10
  The court held that Doctors Grewe and Doerhoff are entitled to qualified immunity on the § 1983 claims, but Dr. Bowers is not, as there is a genuine issue of material fact regarding his deliberate indifference.
• Milan Chonich v. Wayne Cnty. Cmty. Coll.
  973 F.2d 1271· 6th Cir.· 1992-06-09
  The court held that it was plain and prejudicial error to require plaintiffs to prove proximate cause for nominal damages in a malicious libel case, and that the prior remand necessitated further consideration of whether a new trial on § 1983 liability was required due to Monell
• Levin v. Harleston
  966 F.2d 85· 2d Cir.· 1992-06-08
  The court held that the creation of 'shadow classes' and the implicit threat of disciplinary action against a professor for his extramural speech violated his First Amendment rights, but that the college's response to student disruptions of his classes did not.
• O'Shea v. City OF SAN Francisco
  966 F.2d 503· 9th Cir.· 1992-06-08
  The court held that plaintiffs' FEHA claims were not collaterally barred by the consent decree but were dismissed on the merits, and their federal claims were time-barred.
• Trisha L. West v. Grand Cnty.
  967 F.2d 362· 10th Cir.· 1992-06-05
  The court held that the plaintiff received adequate pretermination and post-termination due process, affirming the district court's grant of summary judgment for the defendants.
• Aswegan v. Captain Bruhl
  965 F.2d 676· 8th Cir.· 1992-06-04
  The court held that there was sufficient evidence to support the jury's finding of deliberate indifference by the supervisors, and thus denied their motion for judgment notwithstanding the verdict.
• Silver v. Franklin Twp.
  966 F.2d 1031· 6th Cir.· 1992-06-04
  The court held that the takings claim was not ripe for review because state remedies were not exhausted, and the substantive due process and equal protection claims failed for lack of a protected property interest and evidence of disparate treatment, respectively.
• S. Michael Imperiale, Jr., M.D. v. Hahnemann Univ.
  966 F.2d 125· 3d Cir.· 1992-06-04
  The court affirmed the district court's judgment, holding that the defendant university's actions in revoking the plaintiff's medical degree did not constitute state action under 42 U.S.C. § 1983.
• Massey v. Ellis
  965 F.2d 678· 8th Cir.· 1992-06-04
  The court held that the University's decision to exclude employees participating in the Civil Service Retirement System (CSRS) from receiving credit under the University Retirement System (URS) was rationally related to a legitimate government interest and did not violate equal p
• Tapia v. City OF Greenwood
  965 F.2d 336· 7th Cir.· 1992-06-04
  The court held that the evidence was insufficient to establish that the City of Greenwood had a constitutionally deficient training program for its police officers regarding warrantless searches, and thus, the jury's verdict imposing municipal liability was not supported.
• Bethphage Lutheran Serv., Inc. v. Lowell P. Weicker, Jr.
  965 F.2d 1239· 2d Cir.· 1992-06-02
  The court held that the district court did not abuse its discretion in abstaining under the Burford doctrine, finding that federal review would disrupt state efforts to establish a coherent policy regarding Medicaid reimbursement rates.
• August Smith v. City OF Joliet
  965 F.2d 235· 7th Cir.· 1992-05-28
  The court held that the plaintiff failed to present sufficient evidence of a City policy or custom causing the alleged constitutional violation, thus affirming the grant of summary judgment.
• Randles v. Gregart
  965 F.2d 90· 6th Cir.· 1992-05-28
  The court held that the district court properly dismissed the plaintiff's claims, affirming the judgments based on res judicata, prosecutorial immunity, and the lack of material fact disputes regarding constitutional violations.
• Phelps v. Dunn
  965 F.2d 93· 6th Cir.· 1992-05-28
  The court held that the plaintiff's affidavit was insufficient to create a triable issue of fact regarding Rev. Edwards' barring of the plaintiff from attending religious services.
• Maryjane Hollyday v. Rainey
  964 F.2d 1441· 4th Cir.· 1992-05-26
  The court affirmed summary judgment for the defendants, but on different grounds than the majority, finding the plaintiff failed to present sufficient evidence of an official policy to support her First Amendment claim.
• D.C.A. Dev. Corp. v. Ogden City Mun. Corp.
  965 F.2d 827· 10th Cir.· 1992-05-22
  The court held that the city was entitled to judgment as a matter of law on federal due process and equal protection claims due to legitimate safety concerns and lack of discriminatory intent. Governmental immunity barred state law claims, and the negligence claim against the con
• Linton v. Frederick Cnty. Bd. OF Cnty. Comm'rs
  964 F.2d 1436· 4th Cir.· 1992-05-22
  The court held that the employee received constitutionally sufficient pretermination notice and opportunity to respond, satisfying due process requirements.
• Friend v. Kolodzieczak
  965 F.2d 682· 9th Cir.· 1992-05-19
  The court held that the class of Roman Catholic inmates qualified as prevailing parties under 42 U.S.C. § 1988, entitling them to attorney's fees.
• Armstrong v. Meyers
  964 F.2d 948· 9th Cir.· 1992-05-19
  A collective bargaining agreement's grievance and arbitration procedure, where the union has exclusive control over arbitration and may refuse a grievance, satisfies due process if the union acts without arbitrary, discriminatory, or bad faith conduct.
• Barringer v. Griffes
  964 F.2d 1278· 2d Cir.· 1992-05-18
  The Tax Injunction Act does not bar federal jurisdiction because Vermont's administrative tax refund procedure does not provide a plain, speedy, and efficient remedy for constitutional challenges to the motor vehicle use tax.
• Swartz v. Scruton
  964 F.2d 607· 7th Cir.· 1992-05-15
  The court held that a plaintiff's asserted interest in a specific method of calculating merit pay does not constitute a constitutionally protected property interest under the Fourteenth Amendment.
• Metro. Pittsburgh Crusade FOR Voters v. City OF Pittsburgh
  964 F.2d 244· 3d Cir.· 1992-05-14
  The court held that the district court applied an incorrect legal standard by requiring the lawsuit to be the "proximate cause" of the election reform, rather than a "material contributing factor." The court affirmed the denial of a risk enhancement for attorneys' fees.
• DIX v. The Cnty. OF Shasta
  963 F.2d 1296· 9th Cir.· 1992-05-08
  California's Victims' Bill of Rights grants crime victims procedural rights but does not create a liberty or property interest enforceable under the federal Due Process Clause.
• Bennie Figures, Jr. v. Bd. OF Pub. Utils. OF the City OF Kan. City
  967 F.2d 357· 10th Cir.· 1992-05-07
  The court held that the district court did not err in excluding evidence, granting directed verdicts, or dismissing the Consent Decree claim, and affirmed the denial of attorney's fees.
• Ferdik v. Bonzelet
  963 F.2d 1258· 9th Cir.· 1992-05-07
  The court held that dismissing a pro se prisoner's civil rights action for failing to remove 'et al' from the caption was an abuse of discretion.
• Collins v. Romer
  962 F.2d 1508· 10th Cir.· 1992-05-05
  The court affirmed the award of attorneys fees, holding that the plaintiffs were prevailing parties because their lawsuit was a catalyst for a legally required change in the statute, and that at least one original plaintiff remained in the case long enough to be a prevailing part
• Am. Council OF THE Blind OF Colo., Inc. v. Romer
  962 F.2d 1501· 10th Cir.· 1992-05-05
  The court held that the financing of attorneys fees by a third party is not a special circumstance justifying denial of fees under 42 U.S.C. § 1988, but affirmed the denial because the plaintiffs were not prevailing parties.
• McCabe v. Sharrett
  850 F. Supp. 987· S.D. Fla.· 1992-05-04
  The court held that a police chief's concern for confidentiality in assigning his secretary, the wife of a subordinate officer, was a constitutionally permissible reason for transfer, outweighing the employee's First Amendment rights.
• Gibson v. Foltz
  963 F.2d 851· 6th Cir.· 1992-05-04
  The court held that the plaintiff failed to present sufficient evidence that prison officials acted with deliberate indifference to the inmate's safety, and thus affirmed the grant of summary judgment.
• Henschen v. City OF Houston
  959 F.2d 584· 5th Cir.· 1992-04-30 ·via 42 U.S.C. § 1983 Claim
  The court held that the claim for monetary damages was not moot and should be remanded, but the claim for injunctive relief was not justiciable due to a lack of a present or future threat of harm.