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

• Wilson v. A.L. Lockhart
  949 F.2d 1051· 8th Cir.· 1991-11-27
  The court held that a prisoner challenging parole eligibility must pursue federal habeas corpus and exhaust state remedies, even if state law does not recognize habeas corpus for this purpose.
• Royal D. Ross v. Soc. Sec. Admin.
  949 F.2d 1021· 8th Cir.· 1991-11-26
  The court held that the district court abused its discretion in dismissing the pro se complaint as frivolous under 28 U.S.C. § 1915(d) because the patient's claims had an arguable basis in law and fact.
• Shakur Abdullah v. Gunter
  949 F.2d 1032· 8th Cir.· 1991-11-26
  The court held that the district court abused its discretion by denying appointed counsel for the plaintiff's First Amendment claim, but affirmed summary judgment on the due process and equal protection claims.
• Tucker v. Sheriff Randall & Lieutenant Speenburg
  948 F.2d 388· 7th Cir.· 1991-11-22
  The court held that the district court erred in dismissing the plaintiff's complaint without ruling on his motion for appointment of counsel and without proper notice of the consequences of failing to respond to a briefing schedule.
• Skelton v. Pri-Cor, Inc.
  963 F.2d 100· 6th Cir.· 1991-11-21
  A private corporation operating a detention facility under contract with a county acts under color of state law for § 1983 purposes, but denying an inmate a hardcover Bible is permissible if a softcover version is allowed and the restriction is reasonably related to legitimate pe
• Mushero v. Ives
  949 F.2d 513· 1st Cir.· 1991-11-19
  The court held that the Maine Department of Human Services (DHS) was authorized to intercept a federal tax refund to satisfy an AFDC debt, as the custodial parent's right to retroactive child support was assignable to the state.
• Altagracia Santana v. Keane
  949 F.2d 584· 2d Cir.· 1991-11-18
  The court held that the district court erred in dismissing the prisoner's claim for deprivation of liberty without due process, as the reasonableness of the delay in his keeplock review could not be determined as a matter of law.
• Nicoletti v. City OF Waco
  947 F.2d 190· 5th Cir.· 1991-11-18
  The court held it lacks jurisdiction to hear the interlocutory appeal of the denial of qualified immunity because the defendant, by seeking a new trial after the initial trial, waived his right to such an appeal.
• Freeman v. Dep't OF Corr.
  949 F.2d 360· 10th Cir.· 1991-11-18
  The court held that the district court erred in dismissing the complaint because the plaintiff alleged specific facts demonstrating the inadequacy of state post-deprivation remedies.
• Smith v. R.D. McCLEOD
  946 F.2d 417· 5th Cir.· 1991-11-04 ·via 42 U.S.C. § 1983 Claim
  The court held that the inmate's § 1983 lawsuit was frivolous and imposed sanctions and restrictions on future filings.
• Ward v. City OF SAN Jose
  967 F.2d 280· 9th Cir.· 1991-11-04
  The court held that excessive force claims must be analyzed under the Fourth Amendment's reasonableness standard, not substantive due process, and that the district court erred by instructing the jury on the latter. The court also affirmed the dismissal of the siblings' claims an
• Rountree Riley Goodmon v. Rockefeller
  947 F.2d 1186· 4th Cir.· 1991-10-29
  The court held that state officials sued in their individual capacities are persons under § 1983 and can be sued for damages, unlike when sued in their official capacities.
• Silver v. The City Univ. OF NEW York
  947 F.2d 1021· 2d Cir.· 1991-10-23
  The court held that the plaintiff provided insufficient evidence of discriminatory intent or purpose to support his claims of race and sex discrimination under Title VII and Section 1983.
• Payne v. Monroe Cnty.
  779 F. Supp. 1330· S.D. Fla.· 1991-10-21
  The court affirmed the magistrate judge's report and recommendation, granting the defendants' motions to dismiss.
• Jackson v. Rapps
  947 F.2d 332· 8th Cir.· 1991-10-17
  The court held that Missouri's policy of seeking reimbursement for the full amount of AFDC benefits paid, in the absence of a court-ordered support obligation, violates federal regulations and is preempted by the Supremacy Clause. The court also held that the directors were not e
• Griffin v. Lombardi
  946 F.2d 604· 8th Cir.· 1991-10-15
  The court held that conflicting affidavits created a genuine issue of material fact regarding whether prison officials could have reasonably believed their conduct did not violate the inmate's constitutional rights, thus denying summary judgment on qualified immunity grounds.
• Luciano v. Galindo
  944 F.2d 261· 5th Cir.· 1991-10-15
  The court held that the magistrate judge erred in dismissing the prisoner's excessive force claim as frivolous solely on the basis that his injuries were not constitutionally significant.
• Robbins v. Clarke
  946 F.2d 1331· 8th Cir.· 1991-10-08
  The court held that a prisoner's claims regarding exposure to infectious diseases were barred by collateral estoppel and res judicata due to prior litigation on identical issues. The conspiracy claim was dismissed as lacking an arguable legal basis.
• Mayfield v. Klevenhagen
  941 F.2d 346· 5th Cir.· 1991-09-12
  The court held that the dismissal of Mayfield's actions and the imposition of sanctions were proper because he attempted to circumvent prior court orders by filing frivolous suits in an improper venue.
• Mulrain v. Bd. OF Selectmen OF The Town OF Leicester
  944 F.2d 23· 1st Cir.· 1991-09-10
  The court held that the petitioner's current § 1983 claim was barred by res judicata because it arose from the same transaction and could have been litigated in prior state court proceedings.
• Burton Handelsman v. Town OF Palm Beach
  585 So. 2d 1047· Fla. 4th DCA· 1991-09-04
  Handelsman, a property owner on Worth Avenue in Palm Beach, challenged the town's denial of a special exception to lease his building to a large apparel store that would exceed the zoning district's 2,000 square foot limitation. The Florida appellate court affirmed the trial cour
• Kalima Jenkins v. The State OF Mo.
  943 F.2d 840· 8th Cir.· 1991-08-30
  The court held that the State has an obligation to pay desegregation costs beyond the capacity of the KCMSD, and the district court correctly interpreted prior rulings by setting reasonable limits on the tax levy.
• Ramonita Santiago de Castro v. Medina
  943 F.2d 129· 1st Cir.· 1991-08-29
  A tenured teacher's claim of emotional distress from supervisor's harassment, even if causing illness, does not state a claim under 42 U.S.C. § 1983 for violation of substantive due process.
• Johnson v. Rodriguez
  943 F.2d 104· 1st Cir.· 1991-08-23
  The court held that the district court properly dismissed the plaintiff's complaint as frivolous because his claims against Harvard were time-barred and his procedural due process claim against state defendants failed to allege a deprivation of a protected interest.
• Jaki Walker v. City OF Berkeley
  951 F.2d 182· 9th Cir.· 1991-08-22
• Antonsen v. Ward
  943 F.2d 198· 2d Cir.· 1991-08-21
  A prior state court judgment in an Article 78 proceeding bars a subsequent federal claim for attorney's fees if the state court had the power to award them, and bars a claim for compensatory damages if they are not incidental to the primary relief sought in the state proceeding.
• Darin Gray Arnold v. Maynard
  942 F.2d 761· 10th Cir.· 1991-08-19
  Venue for a 42 U.S.C. § 1983 action is proper in any district where the claim arose or where any defendant resides, even if defendants reside in different districts within the same state, under 28 U.S.C. § 1392(a).
• Jacobs v. Dujmovic
  940 F.2d 1392· 10th Cir.· 1991-08-16
  The court held that the district court correctly decided the case, affirming its order denying partial summary judgment and granting summary judgment to defendants.
• Rayburn Burris v. City OF Little Rock
  941 F.2d 717· 8th Cir.· 1991-08-15
  The Tax Injunction Act bars federal jurisdiction over this case because Arkansas law provides a plain, speedy, and efficient remedy for challenging the sewer assessments in state court.
• O'Reilly v. Bd. OF Appeals FOR Montgomery Cnty.
  942 F.2d 281· 4th Cir.· 1991-08-13
  The court held that the Board's use of residency to determine familiarity for taxi licenses violated the Privileges and Immunities Clause, as it was not closely related to the substantial state interest of providing efficient taxi service and less restrictive alternatives existed
• Johnson v. A.L. Lockhart and Willis Sargent
  941 F.2d 705· 8th Cir.· 1991-08-12
  The court held that a prison official can be held directly liable under § 1983 for deliberate indifference to an inmate's serious medical needs, even if respondeat superior does not apply.
• Couch v. Wilkinson
  939 F.2d 673· 8th Cir.· 1991-08-01
  A probationary state employee, even a veteran, does not have a property interest in continued employment sufficient to support a due process claim under 42 U.S.C. § 1983, as the special statute governing probationary periods prevails over the general Veterans Preference Act.
• Lopez v. Dept. OF Health Servs.
  939 F.2d 881· 9th Cir.· 1991-07-30
  A sua sponte dismissal of an in forma pauperis complaint before service of process is construed as a dismissal for frivolity, and if the complaint alleges facts sufficient to support a claim under 42 U.S.C. § 1983, it should not be dismissed.
• Schleck v. Ramsey Cnty.
  939 F.2d 638· 8th Cir.· 1991-07-29
  The court held that the defendant is entitled to qualified immunity because the process afforded to the plaintiffs did not violate clearly established due process rights.
• Thulen v. Bausman
  938 F.2d 84· 7th Cir.· 1991-07-26
• Layne v. Campbell Cnty. Dep't OF Soc. Servs.
  939 F.2d 217· 4th Cir.· 1991-07-25
  The court held that a state administrative panel's factfinding, made after parties had an adequate opportunity to litigate, is entitled to preclusive effect in federal court under 42 U.S.C. § 1983, even without judicial review of the merits.
• Huey P. McDUFFIE v. W.J. Estelle, Jr.
  935 F.2d 682· 5th Cir.· 1991-07-15
  The court held that prior litigation (Ruiz) collaterally estopped defendants from asserting qualified immunity for Eighth Amendment claims related to the 'building tender' system, but not for Fourteenth Amendment due process claims regarding disciplinary proceedings.
• Allright Colo., Inc. v. The City & Cnty. OF Denver
  937 F.2d 1502· 10th Cir.· 1991-07-01
  The court held that Denver's actions were immune from antitrust liability under the state action doctrine, and that the city's classifications of shuttle services satisfied the rational basis test for equal protection and due process claims.
• Reggie Smith v. Coughlin
  938 F.2d 19· 2d Cir.· 1991-06-28
  The court held that the defendants are entitled to qualified immunity because the right to call a neutral monitor as a witness was not clearly established at the time of the disciplinary hearing.
• Rios v. Navarro
  766 F. Supp. 1158· S.D. Fla.· 1991-06-24
  The court held that a plaintiff alleging injury to reputation without loss of employment or other tangible legal right does not state a claim under § 1983, and pendent state law claims should be dismissed.
• Saverio Senape, M.D. v. Constantino
  936 F.2d 687· 2d Cir.· 1991-06-18
  A physician-provider has no property interest in continued enrollment in New York's Medicaid program due to broad state discretion, and a liberty interest claim requires proof of publication of stigmatizing information, which was not sufficiently alleged.
• Cutting v. Town OF Allenstown
  936 F.2d 18· 1st Cir.· 1991-06-18
  The court held that the district court did not abuse its discretion in refusing to set aside a default judgment, considering the defendants' significant negligence, the publicity of the case, and the prejudice to the plaintiffs' estate due to the plaintiff's death.
• Heritage Commons P'rs v. Vill. OF Summit
  935 F.2d 1489· 7th Cir.· 1991-06-17
  The court held that the Village of Summit breached its contract with the plaintiffs by refusing to accept the HODAG grant, and the jury's $1 million damages award was supported by the evidence.
• Offet v. Solem
  936 F.2d 363· 8th Cir.· 1991-06-12 ·via 42 U.S.C. § 1983 Action
  The court held that prison officials are entitled to qualified immunity because the unlawfulness of applying the 1981 South Dakota law to prisoners sentenced before its enactment was not apparent at the time they acted, given the differing interpretations of relevant precedent.
• Letitia Pauline White v. Kelsey
  935 F.2d 968· 8th Cir.· 1991-06-11
  The court held that res judicata did not bar the claim against Dr. Kelsey because he was not in privity with Dr. Bowers, but remanded the attorney's fees award for reconsideration due to unclear documentation.
• Rhodes v. McDANNEL
  945 F.2d 117· 6th Cir.· 1991-06-10
  The court affirmed the grant of summary judgment, holding that the deputies' use of deadly force was objectively reasonable and that the plaintiff's discovery requests were insufficient.
• Greene v. Town OF Blooming Grove
  935 F.2d 507· 2d Cir.· 1991-06-10
  The court held that the district court erred in exercising pendent jurisdiction over an unpleaded state law claim for declaratory relief after a jury found for the defendant on the federal claim.
• Abad Perez v. Cucci
  932 F.2d 1058· 3d Cir.· 1991-05-17
  The court held that the district court abused its discretion by denying the City's motion to correct an order implementing an amended judgment, as the order improperly included backpay for a period after the plaintiff's retirement, which was not supported by the record or the ori
• Zamsky v. Stafford Hansell
  933 F.2d 677· 9th Cir.· 1991-05-17
  State officials acting in a legislative capacity, such as reviewing and approving or denying land use plans for compliance with statewide goals, are absolutely immune from damages liability.
• Grimm v. Churchill
  932 F.2d 674· 7th Cir.· 1991-05-16
  The court held that undisputed facts showed probable cause supported the arrest for ethnic intimidation, thus affirming the grant of summary judgment.