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

• Santiago-Correa v. Hernandez-Colon
  835 F.2d 395· 1st Cir.· 1987-12-18
  The court held that while Press Office employees could be dismissed based on political affiliation due to the confidential nature of their roles, cleaning persons could not be dismissed on that basis as their access to sensitive information was incidental. The case for the cleani
• Damyn v. Brierton
  833 F.2d 1454· 11th Cir.· 1987-12-14
  The court affirmed the jury verdict, finding the case was fairly tried and the evidence did not mandate a judgment for the plaintiff.
• Mitson v. Coler
  674 F. Supp. 851· S.D. Fla.· 1987-12-01
  The court held that unreimbursed medical expense portions of Veterans Administration Improved Pensions (VAIP) should not be counted as income for determining Medicaid Institutional Care Payments (ICP) eligibility.
• Jones v. Supervisor
  833 F.2d 503· 3d Cir.· 1987-11-24
  A federal court cannot order state officials to conform their conduct to state law, as this violates principles of federalism and the Eleventh Amendment.
• Int'l Org. OF Masters v. Andrews
  831 F.2d 843· 9th Cir.· 1987-10-29
  The court held that Alaska Statute 23.40.210 does not violate the Privileges and Immunities Clause or the right to travel, and that appellants have no cause of action under the Commerce Clause.
• Am. Fed'n OF R.R. Police v. Nat'l R.R. Passenger Corp. (AMTRAK)
  832 F.2d 14· 2d Cir.· 1987-10-28
  The appellate court reversed a judgment notwithstanding the verdict, finding that the jury's determination of proximate cause was supported by evidence that the defendant's illegal sale of alcohol to a minor driver proximately caused the plaintiff's injuries.
• Angell v. Leslie
  832 F.2d 817· 4th Cir.· 1987-10-27
  The court held that the district court erred in finding a First Amendment violation and awarding damages, as the plaintiff's suspension was not based on symbolic speech related to pre-signed warrants, and punitive damages are not recoverable against a municipality.
• Haskell Levi Chapoose Ad Litem v. Hodel
  831 F.2d 931· 10th Cir.· 1987-10-22
  The court held that the children's civil rights claims were properly dismissed, but remanded the case for a factual inquiry into their entitlement to attorney fees under the Equal Access to Justice Act.
• Witte v. Justices OF the NEW Hampshire Superior Court
  831 F.2d 362· 1st Cir.· 1987-10-19
  The court held that the New Hampshire Marital Master Program does not violate due process or equal protection under the federal constitution.
• Baldomero Arbona Torres v. Awilda Aponte Roque
  831 F.2d 26· 1st Cir.· 1987-10-16
  The court affirmed the preliminary injunction, finding sufficient evidence that plaintiffs' political affiliation was a substantial factor in their non-reappointment and that defendants failed to prove the non-renewals would have occurred regardless of political affiliation.
• Holt v. Ford
  828 F.2d 1523· 11th Cir.· 1987-10-05
  The denial of appointment of counsel to an in forma pauperis section 1983 plaintiff is not immediately appealable under the collateral order doctrine.
• Davidson v. City OF Clinton
  826 F.2d 1430· 5th Cir.· 1987-09-15
  The court held that a municipal ordinance prohibiting beer sales within 500 feet of a school is a valid exercise of police power, even when applied to a business in a newly annexed area, and a business owner does not have a vested right in a non-conforming use for liquor sales.
• Meredith v. Talbot Cnty.
  828 F.2d 228· 4th Cir.· 1987-09-08
  The court held that the district court did not err in abstaining under both the Burford and Pullman doctrines and dismissing the complaint.
• Tyler v. HOT Springs Sch. Dist. NO. 6
  827 F.2d 1227· 8th Cir.· 1987-09-04
  The court held that the jury instructions regarding causation in a constitutional race discrimination claim were proper, and that the exclusion of evidence was harmless error. The court also found the evidence sufficient to support the jury's verdict.
• Cuellar v. Tex. Emp. Comm'n & Larco Leasing, Inc.
  825 F.2d 930· 5th Cir.· 1987-08-31
  The court held that the district court erred in dismissing the complaint, as the plaintiff may have alleged sufficient facts to ground a constitutional claim for deprivation of due process.
• United States v. Ramos
  570 F. Supp. 1· S.D. Fla.· 1987-08-26
• Colyer v. Ryles
  827 F.2d 315· 8th Cir.· 1987-08-24 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the district court properly dismissed the claims as frivolous because the alleged injuries could not have resulted from the transcript omissions, as the transcript did not exist at the time of the adverse decisions.
• O'Donnell v. Sheriff Pat Thomas
  826 F.2d 788· 8th Cir.· 1987-08-24
  The court held that the district court did not err in dismissing the plaintiff's § 1983 action, affirming the dismissal of claims regarding jail conditions, mail, restraints, and medical care.
• Coleman v. Turpen
  827 F.2d 667· 10th Cir.· 1987-08-24
  The appellate court vacated its prior judgment and mandate, recalling the case for further proceedings because the property at issue no longer existed, frustrating the prior judgment's intent and potentially involving misleading information.
• Duncan v. City of Golden Beach
  662 F. Supp. 974· S.D. Fla.· 1987-07-06
  The court held that the § 1983 claims were not separate and independent from the state law claims, thus not removable under 28 U.S.C. § 1441(c).
• Owens v. United States
  822 F.2d 408· 3d Cir.· 1987-06-30
  Title VII is the exclusive federal remedy for federal employees, precluding constitutional and § 1983 claims. Absolute immunity does not shield a physician from state claims for sexual harassment outside his official duties.
• Quam v. Minnehaha Cnty. Jail
  821 F.2d 522· 8th Cir.· 1987-06-30
  The court held that a prisoner's pro se status does not exempt them from summary judgment rules, and the denial of jail privileges did not violate due process without a state-created liberty interest.
• Crooks v. Honorable John H. Maynard
  820 F.2d 329· 9th Cir.· 1987-06-24
  A judge is absolutely immune from liability for issuing a contempt order to enforce an administrative order concerning court personnel, as this is a judicial act not performed in the clear absence of jurisdiction.
• LaBOY v. Coughlin
  822 F.2d 3· 2d Cir.· 1987-06-23
  The court held that a prisoner's claim that disciplinary regulations were not filed with the Secretary of State does not state a violation of federal due process rights under 42 U.S.C. § 1983.
• Thompson v. Woodall
  819 F.2d 1052· 11th Cir.· 1987-06-22
  The court held that a political party's refusal to permit a candidate for local party office does not present a justiciable controversy cognizable under 42 U.S.C.A. § 1983.
• Lendo v. Garrett Cnty. Bd. OF Educ. & Jerome J. Ryscavage & Luther D. Parrack, Jr.
  820 F.2d 1365· 4th Cir.· 1987-06-19
  The court held that while the claim based on the January 1981 evaluations is time-barred, the claim based on the April 1981 denial of tenure is not, as it constitutes a separate retaliatory act.
• Bernardo Pena v. Choo
  826 F.2d 168· 2d Cir.· 1987-06-12
  The court held that the district court did not abuse its discretion in denying further attempts to secure appointed counsel for the plaintiff.
• LEE v. Town OF Estes Park
  820 F.2d 1112· 10th Cir.· 1987-06-05
  The court held that a private individual reporting suspected criminal activity to police, who then exercise their own judgment, does not constitute acting under color of state law for § 1983 liability. The court also affirmed summary judgment for other defendants based on lack of
• Pocker v. Brown
  819 F.2d 148· 6th Cir.· 1987-05-26
  The court held that Ohio's practice of appointing retired judges to hear cases does not violate the Fourteenth Amendment, as there is no federal requirement for state judges to be elected.
• Hall v. Captain Curran
  818 F.2d 1040· 2d Cir.· 1987-05-06
  The court held that summary judgment was prematurely granted, as material issues of fact remained regarding the justification for surveillance of inmate mail and the confiscation of inmate-authored documents.
• Thibodeaux v. Otis R. Bowen, M.D.
  819 F.2d 76· 5th Cir.· 1987-04-29
  The court held that a federal court lacks jurisdiction to review the Secretary's denial of a request to reopen Social Security claims, absent constitutional claims, and that such claims are also barred by res judicata if they could have been raised earlier.
• Fla. State Lodge v. City OF Hialeah
  815 F.2d 631· 11th Cir.· 1987-04-24
  The court held that the statutory impasse resolution procedure is constitutional and that the city's reduction of sick leave and vacation benefits did not violate due process or the contract clause.
• Hancich v. Gopoian
  815 F.2d 883· 2d Cir.· 1987-04-08
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because the Connecticut summary eviction statute is not facially infirm, and any alleged deprivation of property is premature.
• Miller v. R.D. Simmons
  814 F.2d 962· 4th Cir.· 1987-03-26
  An order denying a motion for appointment of counsel under 28 U.S.C. § 1915(d) is not immediately appealable as a final decision under 28 U.S.C. § 1291, nor does it fall within the collateral order exception.
• Lewis v. Meyer
  815 F.2d 43· 7th Cir.· 1987-03-26
  The district court erred by failing to evaluate Wisconsin's prisoner grievance procedures against the Attorney General's regulations when determining exhaustion requirements under 42 U.S.C. § 1997e(a)(2).
• Rivera v. Santirocco
  814 F.2d 859· 2d Cir.· 1987-03-23
  A federal district court has the power to direct the United States Marshals Service to take custody of a state prisoner and the Bureau of Prisons to house them during trial of the prisoner's civil rights action, using the All Writs Act to fill the statutory void after the prisone
• Paoli v. Lally
  812 F.2d 1489· 4th Cir.· 1987-03-09 ·via 42 U.S.C. § 1983 Action
  The court held that a prisoner's transfer between facilities does not implicate a liberty interest protected by the Due Process Clause absent a state statute or regulation creating such an interest, and that the plaintiff's unique circumstances justified disparate treatment under
• Davis v. Halpern
  813 F.2d 37· 2d Cir.· 1987-03-09
  The federal action was not barred by the prior New York state court proceeding because claim preclusion did not apply and there was an absence of identity of issues for issue preclusion.
• Noel v. Andrus
  810 F.2d 1388· 5th Cir.· 1987-03-03
  The court held that a probationary teacher dismissed for dishonesty is not entitled to a pre-termination hearing under Louisiana law or the Fourteenth Amendment, and that informal understandings do not create a property interest contrary to statute.
• Buckland v. Cnty. OF Montgomery OF the Commonwealth OF Pa.
  812 F.2d 146· 3d Cir.· 1987-03-02
  The court held that Pennsylvania Rule of Criminal Procedure 4015(b), which allows counties to set a reasonable fee for administering the ten percent cash bail program, does not violate the federal constitution.
• Wood v. City OF E. Providence
  811 F.2d 677· 1st Cir.· 1987-02-12
  The court held that the city's sale of land taken for school purposes was permissible, and the differential treatment of school condemnees versus highway condemnees regarding repurchase rights did not violate equal protection.
• Gregory v. Drury
  809 F.2d 249· 5th Cir.· 1987-01-27
  The court held that federal courts must give preclusive effect to state court decisions regarding the adequacy of hearings, even in 42 U.S.C. § 1983 claims, and affirmed the dismissal of the suit.
• The Fed. Land Bank OF Omaha v. Gibbs
  809 F.2d 493· 8th Cir.· 1987-01-14
  The court held that the district court correctly dismissed the RICO, section 1983, and antitrust claims as vague and conclusory, and properly remanded the remaining claims to state court.
• Country v. Bartee
  808 F.2d 686· 8th Cir.· 1987-01-08 ·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that a parolee denied the right to cross-examine an adverse witness must demonstrate prejudice to warrant relief beyond expenses and attorney's fees.
• Spencer v. S. Fla. Water Mgmt. Dist.
  657 F. Supp. 66· S.D. Fla.· 1986-12-31
  Removal of a civil rights claim under 42 U.S.C. § 1983 to federal court is proper if the district court has original jurisdiction, even if state courts also have concurrent jurisdiction.
• Rolf Lunde v. Oldi
  808 F.2d 219· 2d Cir.· 1986-12-26
  The court held that merely negligent conduct by state officials does not implicate the Due Process Clause and is insufficient to state a claim under 42 U.S.C. § 1983.
• Dalton Ray Goolsby v. The City OF Montgomery
  805 F.2d 1008· 11th Cir.· 1986-12-10
  The court held that a post-deprivation hearing can cure procedural irregularities when state law provides adequate post-deprivation remedies, and that the plaintiff received such an adequate hearing.
• Rose v. Heintz
  806 F.2d 389· 2d Cir.· 1986-12-02
  The court held that the state agency's actions in terminating Medicaid benefits based on an improper interpretation of federal law were taken under color of state law, making the state liable for attorneys' fees under 42 U.S.C. § 1988.
• Balli v. Haynes
  804 F.2d 306· 5th Cir.· 1986-11-14
  The court held that the Texas Commission on Jail Standards or its director cannot be held liable in damages for alleged constitutional violations based solely on their failure to fulfill duties imposed by state law.
• Fitzpatrick v. Tex. Water Comm'n
  803 F.2d 1375· 5th Cir.· 1986-11-10
  The court held that it lacks jurisdiction to hear the appeal because a pending post-trial motion renders the judgment non-final.