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

• Mesalic v. Slayton
  865 F.2d 46· 3d Cir.· 1988-12-28
  The court held that a stipulation of settlement, once entered as a court order, binds the municipality to evaluate development plans under the zoning ordinances in effect at the time of the stipulation, overriding subsequent amendments.
• Florhline A. Painter v. Harvey
  863 F.2d 329· 4th Cir.· 1988-12-19
  A state law defamation counterclaim arising from the same transaction or occurrence as a federal civil rights claim is a compulsory counterclaim, subject to the federal court's ancillary jurisdiction.
• Mandrell v. Baer
  863 F.2d 27· 8th Cir.· 1988-12-14
  The court held that the Missouri statute does not violate equal protection because it is interpreted to suspend police officers charged with any felony, regardless of whether the charge is by indictment or information.
• Gladson v. Rice
  862 F.2d 711· 8th Cir.· 1988-12-12
  The court held that the plaintiff's temporary confinement apart from the general jail population did not violate due process or the Eighth Amendment, as the conditions were substantially equivalent to his prior confinement and not punitive.
• Galen Nelson v. Jefferson Cnty.
  863 F.2d 18· 6th Cir.· 1988-12-12
  Federal courts must give preclusive effect to state administrative findings if the agency acted in a judicial capacity and state law would give the findings preclusive effect.
• Francelle Dorman v. Satti
  862 F.2d 432· 2d Cir.· 1988-12-07
  The court held that the Connecticut Hunter Harassment Act is unconstitutionally vague and overbroad on its face and affirmed the district court's judgment.
• Boyd v. United States
  861 F.2d 106· 5th Cir.· 1988-11-30
  The court held that the FmHA's foreclosure procedures did not violate Boyd's Fifth Amendment due process rights, as he waived his opportunity for a hearing by failing to make a timely written request.
• Coleen R. Roberts v. Coll. OF THE Desert
  861 F.2d 1163· 9th Cir.· 1988-11-22
  The court held that Title VII does not preempt § 1983 claims for constitutional violations and that a protected property interest can arise from mutual understandings. The court also found the district court erred in reinstating the full damages award after a remittitur.
• Darrel Quinn v. Polk Cnty.
  861 F.2d 522· 8th Cir.· 1988-11-18
  The court held that the sheriff's department's actions did not constitute negligence or a due process violation, and the plaintiff's own fault exceeded the sheriff's.
• Armer v. The City OF Salem
  861 F.2d 514· 8th Cir.· 1988-11-16
  Police officers of a fourth-class city in Missouri are at-will employees under state statute, and thus do not possess a property interest in their jobs that implicates due process protections.
• Frank v. Terrell
  858 F.2d 1090· 5th Cir.· 1988-10-31
  The court held that a prison's refusal to provide religious materials free of charge does not violate an inmate's constitutional rights if the inmate is not denied the opportunity to practice their religion or obtain the materials themselves.
• Cremeans v. City OF Roseville
  861 F.2d 878· 6th Cir.· 1988-10-28
  The court held that the plaintiff received constitutionally adequate process, and the trial court erred in submitting the § 1983 claim to the jury.
• Aldo Maestri and Gloria Zook v. Jutkofsky
  860 F.2d 50· 2d Cir.· 1988-10-20
  A town justice is not entitled to judicial immunity when acting in the clear absence of territorial jurisdiction, especially when aware of this lack of jurisdiction.
• Gerald M. and Maureen M. v. Conneely
  858 F.2d 378· 7th Cir.· 1988-10-03
  The court held that the officers had probable cause to detain the Macek boys, their brief separation from parents was constitutional, and Mrs. Macek voluntarily consented to the officer's entry into her home.
• Artist v. Va. Int'l Terminals, Inc.
  857 F.2d 977· 4th Cir.· 1988-09-30
  The court affirmed the grant of summary judgment, finding the plaintiff's claims of constitutional due process violations and tortious interference with employment lacked merit.
• Gillard v. Norris
  857 F.2d 1095· 6th Cir.· 1988-09-23
  The court held that the plaintiff's three-day suspension and reprimands did not violate his constitutional rights to due process, equal protection, or the right to petition the government.
• Allen v. Freeman
  694 F. Supp. 1554· S.D. Fla.· 1988-08-12
  The court held that attorneys' fees should be enhanced due to exceptional results, quality of representation, and risk undertaken by counsel, and awarded a specific lodestar amount plus enhancement.
• Barksdale v. Emerick
  853 F.2d 1359· 6th Cir.· 1988-08-12
  The dissenting judge would affirm the district court's judgment regarding most appellees but vacate and remand for further proceedings concerning Drs. Myron and Karl Emerick, Mary Jones, and Shirley Bels.
• Wells v. Israel
  854 F.2d 995· 7th Cir.· 1988-08-10
  The court held that while the district court correctly determined that prison officials could withhold confidential information due to security concerns, it erred by not independently determining the reliability of that information before imposing discipline.
• Crooks v. Honorable John H. Maynard
  851 F.2d 1562· 9th Cir.· 1988-07-26
  The court held that the case must be remanded to the district court for further factual development regarding the judge's actions and jurisdiction before determining immunity.
• GEE v. Clair Cripe
  853 F.2d 510· 7th Cir.· 1988-07-21
  The court held that the district court's transfer rule, which required inmates with pending litigation to remain in the Marion prison, was invalid as it usurped the Attorney General's statutory authority to designate prisoner confinement locations.
• Cobb v. K.A. Nizami
  851 F.2d 730· 4th Cir.· 1988-07-15
  The jury's finding that Howard Cobb was insane and that the statute of limitations should be tolled is supported by sufficient evidence.
• Shelly v. Johnson
  849 F.2d 228· 6th Cir.· 1988-06-14
  The court held that Michigan prison hearing officers are entitled to absolute judicial immunity for their official acts, affirming the grant of summary judgment.
• Bridgeman v. Neb. State PEN
  849 F.2d 1076· 8th Cir.· 1988-06-14
  The court held that the plaintiff's alleged mental disorder did not toll the statute of limitations beyond the period of his confinement, as there was no evidence he was unable to understand his legal rights.
• Mont v. Heintz
  849 F.2d 704· 2d Cir.· 1988-06-01
  The court held that a district court's dismissal for lack of subject matter jurisdiction after considering the merits of a statutory claim is improper.
• Hudson v. Lt. Harlan Edmonson
  848 F.2d 682· 6th Cir.· 1988-05-24
  The dissenting judge would hold that a responsible official should have known the incident report provided to Hudson violated his due process rights, thus denying qualified immunity.
• Mann v. Adams
  846 F.2d 589· 9th Cir.· 1988-05-18
  The court held that a state's failure to certify grievance procedures does not create a cause of action, and prison officials may open incoming mail in the inmate's presence for security reasons.
• Samad v. Jenkins
  845 F.2d 660· 6th Cir.· 1988-05-06
  The court held that the plaintiff failed to establish a viable § 1983 claim for deprivation of Fourteenth Amendment rights, as he did not demonstrate a substantial, tangible harm or material change in employment status, nor did the defendant's letter constitute a chilling of Firs
• Brandt v. Bd. OF Coop. Educ. Servs.
  845 F.2d 416· 2d Cir.· 1988-04-28
  The court held that once stigmatizing allegations were removed from a personnel file, there was no longer a likelihood of future disclosure, thus vitiating the due process claim.
• Emil B. Milo, M.D. v. Cushing Mun. Hosp.
  861 F.2d 1194· 10th Cir.· 1988-04-22
  A hospital's suspension of a physician's medical staff privileges constitutes requisite state action to support a claim under 42 U.S.C. § 1983, even when day-to-day operations are managed by a private entity.
• Renee B. (DoBraska) Minteer v. Auger
  844 F.2d 569· 8th Cir.· 1988-04-20
  The court held that the district court's findings of fact were not clearly erroneous, and thus affirmed the dismissal of the plaintiff's claims for sexual harassment and sex discrimination.
• LaCROIX v. Bd. OF Educ. OF the City OF Bridgeport
  844 F.2d 88· 2d Cir.· 1988-04-14
  The court held that the plaintiff's § 1983 action is time-barred because the Connecticut Accidental Failure of Suit Act does not apply to claims that were voluntarily withdrawn in a prior state court action.
• Fredrico Lowe v. City OF ST. Louis
  843 F.2d 1158· 8th Cir.· 1988-04-13
  The court held that the evidence was insufficient to establish that the City of St. Louis was liable for the actions of Officer McDarby, as the City's progressive discipline policy was not unconstitutional.
• Harden v. Adams
  841 F.2d 1091· 11th Cir.· 1988-04-06
  The court affirmed the trial court's decision, finding sufficient evidence to support the termination of Dr. Harden.
• Zenco Dev. Corp. v. City OF Overland
  843 F.2d 1117· 8th Cir.· 1988-04-05 ·via 42 U.S.C. § 1983 Action
  The court held that Zenco did not possess a protectable property interest in the renewal of its municipal liquor license under Missouri law.
• Todd v. Navarro
  698 F. Supp. 871· S.D. Fla.· 1988-03-31
  The court held that homosexuals are not a suspect class for equal protection purposes and that the plaintiff failed to state a claim for due process violations. Claims against certain defendants were dismissed for failure to state a cause of action.
• Lowe v. Kan. City
  841 F.2d 857· 8th Cir.· 1988-03-14
  The court held that placing a formal letter of reprimand in an officer's personnel file, without an opportunity to refute it, does not deprive the officer of a constitutionally protected property interest if there is no loss in pay or rank.
• Dempsey v. Ladd
  840 F.2d 638· 9th Cir.· 1988-03-09
  The court held that the state agencies were not obligated by Section 504 of the Rehabilitation Act to provide service payments for a mentally handicapped individual placed in a private facility of his choice, as he was not an "otherwise qualified handicapped individual" under sta
• Witherspoon v. United States
  838 F.2d 803· 5th Cir.· 1988-03-04
  The court held that the plaintiffs were barred by collateral estoppel from relitigating issues already decided in a prior action against law enforcement officers, and that the temporary protective detention of minor children was a constitutional consequence of their mother's lawf
• Garner v. Howell
  840 F.2d 616· 8th Cir.· 1988-03-03
  The court held that an inmate's claim of incorrect parole eligibility calculation does not state a federal due process or ex post facto violation when the state provides a forum for redetermination.
• Peoples Nat'l Util. Co. v. The City OF Houston
  837 F.2d 1366· 5th Cir.· 1988-02-25
  The court held that the Johnson Act deprives federal courts of jurisdiction over suits challenging state orders affecting public utility rates, even when brought under 42 U.S.C. § 1983.
• Blankenship v. Meachum
  840 F.2d 741· 10th Cir.· 1988-02-23
  The court held that the plaintiff failed to allege facts showing wantonness or obduracy by prison officials, thus not rising to an Eighth Amendment violation, and that the district court did not abuse its discretion in refusing to appoint counsel.
• Lyons v. Powell
  838 F.2d 28· 1st Cir.· 1988-02-04
  The court held that the district court erred in dismissing the pro se complaint for failure to state a cause of action, as the alleged conditions of confinement might constitute punishment violating due process rights.
• Cimasi v. City OF Fenton
  838 F.2d 298· 8th Cir.· 1988-02-02
  The court held that a prior state court action seeking both declaratory and coercive relief precludes a subsequent federal civil rights claim for damages under the doctrine of res judicata.
• Foxfire Enters., Inc. v. Enter. Holding Corp.
  837 F.2d 597· 2d Cir.· 1988-01-27
  The court held that the New York statute allowing ex parte appointment of a receiver in mortgage foreclosure proceedings is not unconstitutional on its face, and the plaintiff received due process.
• McCULLOUGH v. Lynaugh
  835 F.2d 1126· 5th Cir.· 1988-01-20
  The court held that the district court did not abuse its discretion in dismissing the case without prejudice for failure to prosecute, as the plaintiff had not suffered prejudicial harm.
• Chapman v. State
  517 So. 2d 104· Fla. 3d DCA· 1987-12-29
  The court held that neither the Department of Health and Rehabilitative Services (HRS) nor the state attorney's office could be held liable under federal or state law for wrongful imprisonment stemming from a civil child support action, as sovereign immunity and quasi-judicial im
• Vodila v. Clelland
  836 F.2d 231· 6th Cir.· 1987-12-28
  The court held that the plaintiff's § 1983 claim was barred by the one-year statute of limitations, as prior circuit precedent supported this application for claims analogous to defamation.
• City OF Riviera Beach v. Langevin
  522 So. 2d 857· Fla. 4th DCA· 1987-12-23
  A white police officer sued the City of Riviera Beach and its officials under 42 U.S.C. § 1983 after being terminated allegedly due to reverse racial discrimination. A jury awarded $500,000 in compensatory damages and $40,000 in punitive damages. The court affirmed, holding that
• Johnson v. Smith Cnty.
  834 F.2d 479· 5th Cir.· 1987-12-21 ·via 42 U.S.C. § 1983 Action
  The court held that the district court's finding of effective consent to search was not clearly erroneous, and that the plaintiffs failed to prove a county policy of warrantless searches.