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

• Hutcherson v. Smith
  908 F.2d 243· 7th Cir.· 1990-07-30
  The court held that an attorney's conflict of interest in a civil case, even if constituting legal malpractice under state law, does not rise to the level of a constitutional due process violation actionable under 42 U.S.C. § 1983.
• Iowa Socialist Party v. Nelson
  909 F.2d 1175· 8th Cir.· 1990-07-27
  The court held that Iowa's voter registration procedures, which do not allow minor parties polling less than two percent of the vote to be listed on registration forms, do not unnecessarily burden the opportunity for citizens and their parties to promote minority interests.
• Jenkins v. Weatherholtz
  909 F.2d 105· 4th Cir.· 1990-07-23
  A Virginia deputy sheriff does not possess a constitutionally protectible property interest in continued employment, even if a personnel handbook purports to provide grievance procedures.
• Kriegbaum v. Steven E. Katz, M.D.
  909 F.2d 70· 2d Cir.· 1990-07-16
  New York's attempt to use a special proceeding to compel a conservator to pay institutional care costs from a ward's social security benefits violates the Supremacy Clause and the Social Security Act's anti-attachment provision, but mere billing without compulsion does not.
• Wzorek v. City OF Chicago
  906 F.2d 1180· 7th Cir.· 1990-07-13
  The court held that the City is liable for its employees' violations of the Shakman decree, even if lower-level managers acted without direct supervisory knowledge, but reversed the award for future psychiatric treatment.
• Sallie Elizabeth Johnston-Taylor v. Gannon
  907 F.2d 1577· 6th Cir.· 1990-07-13
  The court held that professors with tenure or continuing contracts have a protected property interest in their employment and may not be discharged without due process, including a hearing on the grounds for dismissal.
• Romesburg v. Trickey
  908 F.2d 258· 8th Cir.· 1990-07-03
  A district court has the discretion to dismiss a case with prejudice when a plaintiff intentionally misrepresents their financial status in an affidavit of poverty to proceed in forma pauperis.
• Christian v. Crawford
  907 F.2d 808· 8th Cir.· 1990-07-03
  An attorney appointed under the Criminal Justice Act is not a federal official for purposes of a Bivens action, and a pro se complaint alleging such should be dismissed if it fails to state a claim.
• McDARBY v. Dinkins
  907 F.2d 1334· 2d Cir.· 1990-07-02
  The court held that a public pension board's failure to follow its own procedural rules for determining the cause of disability, when the claimant received the minimum benefits to which they were entitled, does not constitute a violation of federal procedural due process actionab
• Network Commc'ns v. Mich. Bell Tel. Co.
  906 F.2d 237· 6th Cir.· 1990-06-26
  The court held that it lacked appellate jurisdiction because the district court's order granting summary judgment was not a final order due to a pending motion to amend the complaint.
• Alias Amanuel Alia v. Mich. Supreme Court
  906 F.2d 1100· 6th Cir.· 1990-06-22
  The Sixth Circuit affirmed in part and reversed in part the district court's dismissal. The court held that the Michigan Supreme Court is immune from suit under the Eleventh Amendment. The individual justices are immune from suit for monetary damages under the Eleventh Amendment
• Vianello v. Pacifico
  905 F.2d 699· 3d Cir.· 1990-06-15 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court erred in concluding that Fed.R.Civ.P. 77(d) barred it from granting an extension of time to file a notice of appeal due to excusable neglect. The court reversed and remanded for further consideration.
• Daiva Richardson and Ronnie Richardson v. City OF S. Euclid
  904 F.2d 1050· 6th Cir.· 1990-06-11
  The majority erred by requiring proof of separate property or liberty interests beyond the deprivation caused by an unconstitutionally vague ordinance, which itself violates due process.
• Bayview-Lofberg's, Inc. v. City OF Milwaukee
  905 F.2d 142· 7th Cir.· 1990-06-11
  The court held that the Milwaukee ordinances do not create a constitutionally protected property interest in a liquor license after merely filing an application, as discretion remains with the Common Council.
• Joiner v. Delo
  905 F.2d 206· 8th Cir.· 1990-06-04
  The court held that the district court properly granted summary judgment on the inadequate medical treatment claim and did not abuse its discretion in imposing Rule 11 sanctions.
• NEW Madrid Cnty. Reorganized Sch. Dist. NO. 1 v. Cont'l Cas. Co.
  904 F.2d 1236· 8th Cir.· 1990-05-29
  The court held that the insurance policy's 'wrongful act' provision covered the school district's liability in a § 1983 suit, and that Missouri public policy does not prohibit such coverage. The court reversed the award of attorneys' fees to the school district.
• Johnson v. Morris
  903 F.2d 996· 4th Cir.· 1990-05-21
  The court held that a public announcement of reasons for an employee's demotion and transfer, without damage to tangible employment interests, does not implicate a constitutionally protected liberty interest under the Fourteenth Amendment.
• Davis v. Thornburgh
  903 F.2d 212· 3d Cir.· 1990-05-15
  The court held that the plaintiff lacked standing to challenge the Pennsylvania Adoption Act's procedures in federal court because the state court's final order terminating her parental rights was res judicata and could not be collaterally attacked. The court also found the claim
• Malady v. Crunk
  902 F.2d 10· 8th Cir.· 1990-04-27
  A conviction for the offense for which a person was arrested serves as a complete defense to a § 1983 action alleging the arrest was made without probable cause.
• Gomez v. Grossheim
  901 F.2d 686· 8th Cir.· 1990-04-25
  The court held that the prisoner's transfers between facilities were administrative and not retaliatory, thus not violating his constitutional rights.
• Dahlem v. The Bd. OF Educ. OF Denver Pub. Schs.
  901 F.2d 1508· 10th Cir.· 1990-04-23
  A plaintiff who obtains a preliminary injunction that grants the relief sought, even if the case later becomes moot on appeal, is a prevailing party for attorney's fees under 42 U.S.C. § 1988, unless special circumstances render an award unjust.
• Albright v. The Good Shepherd Hosp.
  901 F.2d 438· 5th Cir.· 1990-04-16
  The award of attorney's fees under 42 U.S.C. § 1988 must be vacated and remanded because one plaintiff did not prevail on any federal claim, requiring apportionment of fees.
• Banchy v. The Republican Party OF Hamilton Cnty. & John H. Hermanies
  898 F.2d 1192· 6th Cir.· 1990-03-26
  The court held that the election of political party officers, absent evidence of integral involvement in governmental functions, does not constitute state action under 42 U.S.C. § 1983 for the purpose of awarding attorneys' fees.
• Fonte v. Collins
  898 F.2d 284· 1st Cir.· 1990-03-15
  The dissenting judge believes the district court erred by not allowing the defense of qualified immunity.
• W. Va. Univ. Hosps., Inc. v. Casey
  898 F.2d 357· 3d Cir.· 1990-03-12
  The court held that attorneys' fees are to be awarded based on the degree of success achieved, disallowing fees for distinct and unsuccessful claims while allowing them for related unsuccessful claims that contribute to the overall relief obtained.
• Talmadege Logan v. Police Detective Dennis Moyer
  898 F.2d 356· 3d Cir.· 1990-03-09
  The court held that the record was inadequate to review the district court's dismissal for legal frivolity based on issue preclusion.
• Kyle v. Allen
  732 F. Supp. 1157· S.D. Fla.· 1990-03-08
  The court held that the plaintiff's allegations of unsanitary conditions and inadequate medical treatment, if true, could constitute an Eighth Amendment violation, warranting rejection of the magistrate's recommendation to dismiss.
• Locascio v. City of St. Petersburg
  731 F. Supp. 1522· M.D. Fla.· 1990-03-08
  The City of St. Petersburg received federal Community Development Block Grant (CDBG) and Section 108 Loan Guarantee funds beginning in 1979 for acquisition, relocation, and demolition activities in the Gas Plant redevelopment area. The city later constructed the Suncoast Dome Sta
• Johnson v. Verne ORR
  897 F.2d 128· 3d Cir.· 1990-03-01
  An order awarding attorneys' fees, entered after a final merits judgment that was certified under Rule 54(b) and affirmed on appeal, is itself a final judgment for appeal purposes, even if other claims remained pending.
• Butler v. Castro
  896 F.2d 698· 2d Cir.· 1990-02-20
  The court held that the City's failure to update its Administrative Code to reflect actual procedures for reclaiming seized property, and reliance on a voucher with notice printed on the reverse, deprived plaintiffs of due process when they did not receive the voucher.
• Rivera v. Evangelio la Porte
  896 F.2d 691· 2d Cir.· 1990-02-16
  The dissenting judge argues that the jury's inconsistent and unsupported findings, particularly the failure to find probable cause, render the verdicts irreconcilably flawed and warrant a new trial on all issues.
• Wilson v. Franceschi
  735 F. Supp. 395· M.D. Fla.· 1990-02-05
  The court held that the defendants were entitled to qualified immunity regarding the delay in AZT treatment because the law was not clearly established at the time, and the medical community was divided on the appropriate treatment for early ARC.
• Sawma v. Perales
  895 F.2d 91· 2d Cir.· 1990-02-01
  The court held that a state agency is not constitutionally obligated to compel a claimant seeking public benefits to undergo a psychiatric examination when the claimant refuses.
• Lenny Dixon v. FOX
  893 F.2d 1556· 8th Cir.· 1990-01-17
  The court held that the magistrate erred in dismissing the prisoners' pro se complaint, as the state statute and regulation created a protected liberty interest in remaining on the diet line, and the prisoners were disciplined without due process.
• Quinn v. The State OF Mo.
  891 F.2d 190· 8th Cir.· 1990-01-08
• Hayes v. Phoenix-Talent Sch. Dist. NO. 4
  893 F.2d 235· 9th Cir.· 1990-01-08
  A probationary teacher's dismissal for reasons of incompetence does not implicate a liberty interest, and therefore does not trigger procedural due process requirements.
• Cecos Int'l, Inc. v. Jorling
  895 F.2d 66· 2d Cir.· 1990-01-04
  The court held that the district court had jurisdiction and that New York's amended hazardous waste facility siting law did not violate the Equal Protection Clause. The court also found that Younger abstention was not warranted as there was no ongoing state proceeding when the fe
• Bell v. City of Miami
  733 F. Supp. 1475· S.D. Fla.· 1990-01-03
  The court denied the City of Miami's motion to dismiss the amended complaint.
• Garcia v. City OF Abilene
  890 F.2d 773· 5th Cir.· 1989-12-21
  The City of Abilene's fine collection system, as applied to Mrs. Garcia, did not violate her constitutional rights because she was never incarcerated and the court offered alternatives to imprisonment.
• Mathis v. Pac. GAS & Elec. Co.
  891 F.2d 1429· 9th Cir.· 1989-12-20
  The court held that a plaintiff's claim of governmental action based on an agency's proposed rule and encouragement is not frivolous if the agency's policy dictates a standard of decision, but not if the decision relies on independent professional judgment. The court also held th
• White v. Gerbitz
  892 F.2d 457· 6th Cir.· 1989-12-20
  The dissenting judge believes the finding of probable cause to arrest and detain Clyde White as a material witness was problematic and not met.
• Hale v. Cuyahoga Co. Welf. Dept.
  891 F.2d 604· 6th Cir.· 1989-12-19
  The court held that the district court erred in finding that the defendants' articulated business reasons for promoting another candidate over the plaintiff were pretextual, and therefore reversed the judgment for the plaintiff on sex discrimination claims.
• Shelton v. The Trs. OF Ind. Univ.
  891 F.2d 165· 7th Cir.· 1989-12-08
  A public university can deny rehire to an employee for insubordination, even if the dispute arose from an attempt to exercise free speech rights, as long as the denial is not retaliatory for the protected speech itself.
• Burrows v. Ohio High Sch. Athletic Ass'n
  891 F.2d 122· 6th Cir.· 1989-12-01
  The Sixth Circuit affirmed the district court's judgment, holding that the Ohio High School Athletic Association (OHSAA) did not act under color of state law for § 1983 claims, and its bylaw amendment did not violate First Amendment association rights, Fourteenth Amendment equal
• Adams v. city of McMinnville
  890 F.2d 836· 6th Cir.· 1989-11-29
  The court held that the 1985 FLSA Amendments did not exempt municipalities from minimum wage liability before April 15, 1986, but that reducing firefighters' hours to avoid overtime pay did not constitute unlawful discrimination.
• Shahid v. City OF Detroit
  889 F.2d 1543· 6th Cir.· 1989-11-22
  The court held that the exclusion of photographs of the deceased was prejudicial error, requiring reversal and remand.
• Clark v. Twp. OF Falls & James Kettler
  890 F.2d 625· 3d Cir.· 1989-11-22
  The court held that a plaintiff whose jury verdict was reversed on appeal may still be considered a prevailing party if a post-trial settlement achieved a significant benefit causally linked to the litigation.
• Lovell v. Heng
  890 F.2d 63· 8th Cir.· 1989-11-17
  The court held that claims for damages and injunctive relief by military personnel against superior officers are nonjusticiable, consistent with Supreme Court precedent.
• Davis v. Bryan
  889 F.2d 445· 2d Cir.· 1989-11-14 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff was properly sentenced under the statute in effect at the time of his crime and was not entitled to sentencing under a later statute, thus affirming the grant of summary judgment.
• Cochenour v. Cochenour
  888 F.2d 1244· 8th Cir.· 1989-11-03
  The court held that the plaintiff's injuries were not proximately caused by the state's execution procedures because he elected to sell his property after consulting an attorney.