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
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888 F.2d 452·
6th Cir.·
1989-10-30
The court held that the district court correctly abstained from exercising jurisdiction under the Younger doctrine because the plaintiff's federal claims were intertwined with a pending state court proceeding involving important state interests.
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890 F.2d 1001·
8th Cir.·
1989-10-30
The court held that the district court improperly dismissed the inmate's claims for failure to state a claim, as the allegations, when viewed leniently for a pro se litigant, could potentially show deliberate indifference to serious medical needs.
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887 F.2d 895·
8th Cir.·
1989-10-17
The court held that the plaintiffs failed to state a claim under 42 U.S.C. § 1983 because they did not allege purposeful discrimination, an essential element of an equal protection claim.
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885 F.2d 825·
11th Cir.·
1989-10-10
A traffic accident, even involving a government vehicle, does not rise to the level of a constitutional deprivation sufficient to support a claim under 42 U.S.C. § 1983.
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886 F.2d 1068·
8th Cir.·
1989-10-10
The court held that the district court's finding of no racial discrimination was clearly erroneous, reversing the judgment.
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886 F.2d 1191·
9th Cir.·
1989-10-05
The court held that the Arizona Interscholastic Association's rule restricting interscholastic volleyball competition to single-sex teams is constitutional because it is substantially related to redressing past discrimination and promoting equal athletic opportunities for women.
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The district court did not abuse its discretion in dismissing the pro se complaint as frivolous because it lacked factual allegations to support the claim of denial of meaningful access to the courts.
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884 F.2d 329·
7th Cir.·
1989-09-13
The court held that the magistrate erred in dismissing the prisoner's suit for failure to appear at a hearing without prior warning or request from the defendant.
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884 F.2d 362·
8th Cir.·
1989-08-31
The court held that negligence by prison officials in failing to release an inmate from punitive isolation after his sentence was reversed does not implicate the Due Process Clause.
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882 F.2d 93·
4th Cir.·
1989-08-10
The court held that the district court did not abuse its discretion in dismissing the suit for failure to obey a court order, nor in dismissing the claim against Finley.
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881 F.2d 768·
9th Cir.·
1989-08-04
A district court must consider less drastic alternatives before dismissing a prisoner's pro se civil rights suit for failure to appear due to incarceration.
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880 F.2d 1010·
8th Cir.·
1989-08-03
The court held that the right to expunge state records is not a federal constitutional right and habeas corpus is the exclusive federal remedy for attacking state court convictions.
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881 F.2d 257·
6th Cir.·
1989-07-27
The court held that the Kentucky tolling statute applies to § 1983 actions filed before incarceration, even if filed while in prison.
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880 F.2d 1003·
8th Cir.·
1989-07-27
The court held that the district court did not err in denying the officers' motion for summary judgment because genuine issues of material fact existed regarding the legality of Lynch's arrest and detention.
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878 F.2d 1114·
8th Cir.·
1989-07-13
The court held that the district court correctly applied the Younger abstention doctrine, requiring abstention from hearing the federal constitutional challenge due to pending state forfeiture and criminal proceedings.
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878 F.2d 262·
8th Cir.·
1989-07-07
A Fourth Amendment seizure does not occur when police pursuit leads a suspect to lose control and crash, absent intentional application of force to terminate movement.
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876 F.2d 412·
5th Cir.·
1989-06-28
The court held that the transferee court correctly applied the choice of law rules of the state in which it sits following a transfer from a district where personal jurisdiction over the defendant could not be obtained.
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877 F.2d 13·
8th Cir.·
1989-06-09
The court held that the dismissal of the complaint was proper because the plaintiff failed to state a claim of constitutional magnitude and did not comply with the court's order to amend the complaint.
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877 F.2d 9·
8th Cir.·
1989-06-07
The court held that the district court erred in dismissing the pro se prisoner's complaint without considering the distinct standards for dismissal under Fed.R.Civ.P. 12(b)(6) and 28 U.S.C. § 1915(d), especially in light of Neitzke v. Williams.
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877 F.2d 245·
3d Cir.·
1989-06-06
The court held that the district court erred in granting summary judgment by improperly reviewing the Air Force Board for the Correction of Military Records' decision as if it were a judicial ruling, and that the Board's proceedings lacked the necessary attributes for preclusive
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876 F.2d 79·
10th Cir.·
1989-05-30
The court held that the judge was immune from damages, and equitable claims were properly dismissed under Younger abstention, but damage claims against other state officials should have been stayed, not dismissed.
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876 F.2d 165·
D.C. Cir.·
1989-05-26
A District of Columbia Councilmember is not absolutely immune from suit for personnel decisions made in an administrative capacity, even if the employee's duties were related to legislative functions.
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875 F.2d 202·
8th Cir.·
1989-05-24
A government official is entitled to qualified immunity when acting on a facially valid order, even if the order contains an error, as long as the official's actions were objectively reasonable in light of clearly established law.
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875 F.2d 1465·
10th Cir.·
1989-05-23
The court held that the nighttime execution of a daytime bench warrant for contempt, which is classified as sui generis under Oklahoma law, violates the Fourth Amendment's prohibition against unreasonable searches and seizures. The court also reversed the awards of attorney's fee
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545 So. 2d 344·
Fla. 2d DCA·
1989-05-19
The court held that a special tax assessment was invalid because the property did not abut the improvements nor derive a special benefit, and reversed the award of attorney fees because the claim for fees under 42 U.S.C. § 1983 was not reached by the trial court.
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873 F.2d 647·
2d Cir.·
1989-05-04
The court held that an appeal from the denial of a successive motion for a preliminary injunction is untimely if filed more than thirty days after the original denial, absent changed circumstances, and that an order denying partial summary judgment is not appealable as of right.
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873 F.2d 240·
9th Cir.·
1989-05-01
The court held that the tribes' success in establishing rights to hatchery-raised fish was based on treaty interpretation, not civil rights claims, thus precluding attorneys' fees under 42 U.S.C. § 1988.
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873 F.2d 1040·
7th Cir.·
1989-04-28
The appeal must be dismissed for lack of standing because a supervening decision by the Illinois Supreme Court rendered the statute at issue unconstitutional, thus removing any threat of injury to the appellant.
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873 F.2d 761·
5th Cir.·
1989-04-27
The court held that a prisoner's civil rights claims challenging parole supervision fees as an ex post facto violation should not be dismissed prematurely and may require a stay or dismissal without prejudice pending habeas corpus exhaustion.
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870 F.2d 975·
5th Cir.·
1989-04-24
The court held that altering arrest warrants to arrest someone not named therein constitutes a Fourth Amendment violation, and that vicarious liability for sheriffs under Texas law requires ratification of deputies' acts, which was not shown. Qualified immunity does not protect o
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872 F.2d 577·
4th Cir.·
1989-04-21
The court affirmed summary judgment for defendants on the recalled warrant claim, finding no constitutional violation, but reversed and remanded the medical care claim due to insufficient factual development.
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The court vacated its prior decision and remanded, recognizing that the applicable statute of limitations for § 1983 actions in Ohio should have been the two-year general personal injury statute, not the one-year statute previously applied.
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872 F.2d 729·
6th Cir.·
1989-04-11
The court held that the extended statute of limitations applied retroactively, extinguishing any vested property right in the overpayments. The dissent argues this ignores the distinction between limitations affecting a right and those affecting a remedy.
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871 F.2d 762·
8th Cir.·
1989-04-04
The court held that the district court should have abstained from deciding the case under the Younger doctrine because a state criminal proceeding was pending against the appellants when the federal action was considered.
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871 F.2d 884·
9th Cir.·
1989-04-03
The court held that a § 1983 claim for deprivation of property without due process requires that the deprivation result from established state procedure, not an unauthorized failure to follow it, and that adequate post-deprivation remedies satisfy due process.
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871 F.2d 14·
3d Cir.·
1989-03-28
The court held that a genuine issue of material fact existed regarding probable cause for the § 1983 claim, but affirmed summary judgment on state law claims and the § 1985 claim.
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870 F.2d 1396·
8th Cir.·
1989-03-22
The court held that the defendant administrator was entitled to qualified immunity on the plaintiff's claim of discrimination under the Bankruptcy Code, and that the plaintiff failed to establish a deprivation of a liberty or property interest under the Due Process Clause.
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869 F.2d 1175·
8th Cir.·
1989-03-17
The court held that the magistrate did not abuse discretion in dismissing the complaint with prejudice and assessing costs due to the plaintiff's failure to appear for trial and the incredible nature of his excuses.
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869 F.2d 1140·
8th Cir.·
1989-03-15
The court held that the inmate's due process rights were not violated by his placement on investigative status, as prison policy was substantially followed and conditions did not rise to an Eighth Amendment violation.
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869 F.2d 1322·
9th Cir.·
1989-03-13
An "approval in principle" for a development project does not constitute a constitutionally protected property interest, and conspiracy claims based on alleged contractual duties are tort claims subject to a statute of limitations.
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868 F.2d 300·
8th Cir.·
1989-02-23
The court held that the district court properly dismissed the plaintiffs' civil rights action based on judicial and prosecutorial immunity, lack of state action, lack of standing, and lack of diversity jurisdiction.
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867 F.2d 1145·
8th Cir.·
1989-02-15
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The court held that the district court erred in denying qualified immunity to Officer Springer because the plaintiff failed to allege facts showing a violation of clearly established constitutional rights, either by the officer's failure to intervene or by his order to move the i
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867 F.2d 472·
8th Cir.·
1989-02-08
The court held that the city ordinance authorizing arrest for snow removal violations was a valid exercise of municipal authority under state law, and officers were entitled to qualified immunity.
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864 F.2d 401·
5th Cir.·
1989-02-02
The court held that the prior panel's decision established the law of the case, and the defendant met their summary judgment burden by showing an absence of evidence to support the plaintiff's claims.
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866 F.2d 259·
8th Cir.·
1989-01-25
The court held that the disciplinary report's statements constituted 'some evidence' sufficient to support the finding of guilt for the Rule 5A violation, satisfying due process requirements.
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865 F.2d 623·
4th Cir.·
1989-01-17
The court held that the clerk of court was protected by qualified immunity from individual liability and sovereign immunity from damages in his official capacity, and the claim for equitable relief was moot.
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865 F.2d 186·
8th Cir.·
1989-01-12
The court held that the plaintiff's allegations did not state a claim for a substantive due process violation because the conduct did not shock the conscience, and South Dakota's post-deprivation remedies were adequate to satisfy procedural due process.
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864 F.2d 426·
6th Cir.·
1988-12-29
A student suspended for ten days for possession of a drug look-alike substance is not denied procedural due process by not being allowed to cross-examine an anonymous student informant or by not being given the informant's written statement, as long as the student receives notice