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

• Ronni J. Kotwica and Roland Kotwica v. City OF Tucson
  801 F.2d 1182· 9th Cir.· 1986-10-09
  A government employee's speech contradicting official policy during an official interview, in violation of direct orders, is not protected by the First Amendment.
• Golkin v. Abrams
  803 F.2d 55· 2d Cir.· 1986-10-06
  The court affirmed a summary judgment of foreclosure, holding that a landlord's lien pursuant to Section 83.08, Florida Statutes, was superior to a purchase money security lien asserted by Sachs on personal property located on the leased premises.
• Smith v. Harvey
  648 F. Supp. 1103· M.D. Fla.· 1986-10-03
  A public employer may voluntarily adopt an affirmative action plan if it is narrowly tailored to remedy past discrimination, does not unnecessarily trammel the interests of non-minorities, and is temporary.
• Adams v. Attorney Registration & Disciplinary Comm'n OF the Supreme Court OF Ill.
  801 F.2d 968· 7th Cir.· 1986-09-18
  The court held that a preliminary injunction was properly granted because the Illinois rule prohibiting targeted direct mail advertising by attorneys likely violates the First Amendment, and the district court's findings were entitled to deference.
• Gibson v. Merced Cnty. Dep't OF Human Res.
  799 F.2d 582· 9th Cir.· 1986-09-12
  The court held that foster parents do not possess a constitutionally protected liberty interest in the continued placement of a foster child, and the procedures afforded were adequate to satisfy due process. The court also held that the foster child did not have a constitutionall
• Aracelis Crisoptimo v. Nettleship
  800 F.2d 11· 1st Cir.· 1986-09-09
  The court held that summary judgment for the defendants was premature because genuine issues of material fact existed regarding their responsibility for and control over the prison conditions that led to the decedent's death.
• Merwyn Austin Gipson v. Rosenberg
  797 F.2d 224· 5th Cir.· 1986-08-18
  The court held that the plaintiff's federal claims were frivolous and that sanctions, including double costs and attorney fees, were warranted due to the baseless nature of the litigation.
• COX v. Norton
  797 F.2d 329· 6th Cir.· 1986-07-31
  The court held that the plaintiff's claim was barred by res judicata because the issue of due process regarding the special assessment had been fully litigated in prior state and federal court actions.
• Premier Serv. Corp. v. City OF ST. Louis
  797 F.2d 629· 8th Cir.· 1986-07-24
  The court held that the City accorded Premier all the process it was due, despite the district court's finding of a liberty interest violation.
• Wright v. Holbrook
  794 F.2d 1148· 6th Cir.· 1986-07-11
  The court held that the plaintiff waived the right to appeal issues not raised in his objections to the magistrate's report and that new theories of recovery cannot be raised for the first time on appeal.
• Sims Varner & Assocs., Inc. v. Blanchard
  794 F.2d 1123· 6th Cir.· 1986-07-08
  The court held that it had interlocutory jurisdiction over certain portions of the district court's orders denying injunctive relief, but affirmed those denials due to the contractor's substantial completion of the work and the plaintiff's delay in seeking equitable relief.
• Town OF Springfield v. United States Fid. & Guar. Co.
  794 F.2d 802· 2d Cir.· 1986-06-27
  The court held that the insurance policy's exclusion for damages arising from damage to tangible property applied, relieving the insurer of its duty to defend and indemnify the Town.
• Dunster v. Metro. Dade Cnty.
  791 F.2d 1516· 11th Cir.· 1986-06-24
  A jury verdict based on a negligence theory cannot sustain a Fourteenth Amendment due process claim, and Fourth Amendment claims were abandoned.
• Anela v. City OF Wildwood
  793 F.2d 514· 3d Cir.· 1986-06-19
• Justice v. Dennis
  793 F.2d 571· 4th Cir.· 1986-06-16
  The dissenting judge believes the majority erred by finding reversible error in a jury instruction that faithfully followed binding circuit precedent.
• William "Billy" Jarrell, Jr. v. Chem. Dependency Unit OF Acadiana
  791 F.2d 373· 5th Cir.· 1986-06-09
  The court held that the actions of a private institution, even if heavily regulated and involving state-initiated commitment, do not constitute state action for constitutional purposes unless there is a nexus between state authority and the specific conduct complained of.
• S-1 v. Turlington
  646 F. Supp. 1179· S.D. Fla.· 1986-05-23
  The court held that while Smith v. Robinson generally precludes claims under § 504 and Title VI when the EAHCA provides relief, claims based on misclassification theory where § 504 offers greater substantive rights are not barred. The Eleventh Amendment precludes monetary relief
• Hensler v. The Dist. Four Grievance Comm. OF the State BAR OF Tex.
  790 F.2d 390· 5th Cir.· 1986-05-19
  The court held that the Younger abstention doctrine requires federal courts to abstain from interfering with ongoing state attorney disciplinary proceedings absent bad faith.
• Raposa v. Meade Sch. Dist. 46-1
  790 F.2d 1349· 8th Cir.· 1986-05-13
  The court held that the school district did not violate the teacher's First Amendment rights by transferring her due to unique circumstances.
• Deibler v. The City OF Rehoboth Beach
  790 F.2d 328· 3d Cir.· 1986-05-05
  The dissenting judge would affirm the district court's decision, finding a rational basis for the city's requirement that candidates be current in their property taxes.
• Vintson v. Anton
  786 F.2d 1023· 11th Cir.· 1986-04-14
  The court held that the appointment of election officials in Walker County, Alabama, satisfied federal constitutional standards and Alabama law, as substantial Republican representation ensured bipartisanship and prevented fraud.
• Hrbek v. Farrier
  787 F.2d 414· 8th Cir.· 1986-03-27
  A prisoner does not possess a constitutionally protected property interest in prison wages when state law expressly permits deductions for court costs.
• Hamilton v. V.E. Rodgers
  783 F.2d 1306· 5th Cir.· 1986-03-07
  The court held that while supervisors could be liable for racial discrimination and retaliation, the Fire Department could not be held liable under § 1983 or Title VII absent official policy, and compensatory damages for physical harm were not warranted due to insufficient proof
• Dyke v. Meachum
  785 F.2d 267· 10th Cir.· 1986-02-27
  The Ex Post Facto Clause does not bar a prison from changing internal classification regulations absent punitive intent.
• McINTYRE v. Portee
  784 F.2d 566· 4th Cir.· 1986-02-27
  A prisoner alleging negligent loss of personal property by state officials cannot maintain a 42 U.S.C. § 1983 action because negligence does not implicate the Due Process Clause.
• D'Amario v. The Providence Civic Ctr. Auth.
  783 F.2d 1· 1st Cir.· 1986-01-24
  The court held that the enforcement of a 'no-camera' rule by state actors at a publicly owned facility constitutes 'state action' under 42 U.S.C. § 1983, even if the rule originated from private contractual agreements.
• Cheek v. Gooch
  779 F.2d 1507· 11th Cir.· 1986-01-13
  A county commissioner's refusal to grant a beer and wine license, based on a policy of not issuing any such licenses, does not violate due process rights because state law vests such discretion and does not create a protected property interest in obtaining a license.
• Fleming v. Moore
  780 F.2d 438· 4th Cir.· 1985-12-26
  A federal court cannot relitigate libel issues already decided by state courts, and a Section 1983 action is not a proper avenue to challenge state court judgments when the proper remedy is appeal to the U.S. Supreme Court.
• Feist v. Jefferson Cnty. Comm'rs Court
  778 F.2d 250· 5th Cir.· 1985-12-13
  The court held that the district court properly dismissed the pretrial detainee's action, denied his motions for default judgment, summary judgment, and discovery, and did not err in refusing to appoint counsel.
• Cassiano v. Amigos del Valle, Inc.
  776 F.2d 1300· 5th Cir.· 1985-11-22
  The court held that the district court properly dismissed the section 1983 claim because the defendant nonprofit corporation did not act 'under color' of state law when discharging the plaintiff.
• DE Franks v. Mayor & City Council OF Ocean City & Council of Unit Owners of Pyramid Condos. & Braemer Towers' Condos. Ass'n, Inc.
  777 F.2d 185· 4th Cir.· 1985-11-21
  The court held that Ocean City's revised towing ordinance, which provides for a prompt post-impoundment hearing, satisfies due process requirements even when towing is initiated by private lot owners.
• Interstate Underwriting Agencies, Inc. v. Gunter
  624 F. Supp. 774· S.D. Fla.· 1985-11-18
  Defendants are entitled to attorneys' fees under 42 U.S.C. § 1988 because the plaintiffs' claims were frivolous, even though the case was voluntarily dismissed.
• City OF Edgewater v. Montesano
  477 So. 2d 54· Fla. 5th DCA· 1985-10-24
  Property owners sued the City of Edgewater and its police chief for negligence and constitutional violations under 42 U.S.C. § 1983 after allegedly wrongful police and building inspector conduct. The trial court's jury instructions improperly allowed liability against the city ba
• Clayton v. Thurman
  775 F.2d 1096· 10th Cir.· 1985-09-30
  The court affirmed the award of attorneys' fees and costs to the prevailing plaintiffs in a § 1983 action, finding no abuse of discretion in the trial court's determination of prevailing party status, reasonable hours, rates, and enhancement for exceptional success. The court dis
• Tierney v. Black
  774 F.2d 863· 8th Cir.· 1985-09-27
  The court held that the district court erred in granting summary judgment on the appellant's due process claim regarding the discontinuation of a commutation program, as the due process aspect was not fully developed.
• Berniece A. Shank v. Al Naes
  773 F.2d 1121· 10th Cir.· 1985-09-20
  The court held that the trial court did not err in submitting the issue of liability and qualified immunity to the jury, nor in denying motions for a new trial based on alleged judicial and counsel misconduct.
• Ephraim A. Adamowicz v. Town OF Ipswich
  772 F.2d 5· 1st Cir.· 1985-09-12
  The court held that the 'recording' in G.L. c. 40A, § 6 refers to the most recent instrument of record prior to a zoning change, not necessarily a plan, and that separate ownership at that time is determinative for lot exemptions.
• Thurman Lewis v. Robert Cooper & Richard Mulherin
  771 F.2d 334· 7th Cir.· 1985-09-03
  The court held that the evidence was sufficient to support the jury's verdict that the prison guards were deliberately indifferent to the inmate's serious medical needs, and that any defects in the jury charge were waived.
• CHU v. Griffith
  771 F.2d 79· 4th Cir.· 1985-08-30
  The court held that the imposition of a $1,000 attorney sanction was warranted and affirmed the district court's decision, while also awarding costs and attorney's fees for the appeal.
• Glick v. A.L. Lockhart
  769 F.2d 471· 8th Cir.· 1985-07-23
  The court held that a prison policy refusing postage for legal mail when an inmate can pay for personal mail does not violate the constitutional right of access to the courts, especially when the inmate has appointed counsel.
• Nakao v. Rushen
  766 F.2d 410· 9th Cir.· 1985-07-18
  The court held that a prisoner has no reasonable expectation of privacy in his cell, thus the Fourth Amendment does not apply to cell searches.
• Parton v. Wyrick
  766 F.2d 336· 8th Cir.· 1985-06-25
  The court held that the district court did not abuse its discretion in excluding impeachment testimony due to insufficient foundation.
• RRI Realty Corp. v. The Inc. Vill. OF Southampton
  766 F.2d 63· 2d Cir.· 1985-06-24
  The court held that an order denying a motion to abstain is not a final decision appealable under 28 U.S.C. § 1291, nor does it fit the collateral order exception.
• Pietroniro v. Borough OF Oceanport
  764 F.2d 976· 3d Cir.· 1985-06-18
  The court held that the evidence was insufficient as a matter of law to support the jury's verdict that the plaintiff was denied relocation assistance as required by federal law.
• Pleasant View Elementary Sch. PTA & Myra Freer & Wilbur H. Friedman v. Grp. 1
  763 F.2d 652· 4th Cir.· 1985-06-06
  The court held that the defendants provided the minimal elements of due process and that the school board's decision had a rational basis, thus affirming the dismissal of the plaintiffs' claims.
• Willard v. The City OF Beaumont
  761 F.2d 1100· 5th Cir.· 1985-06-03
  Filing a public claim of ownership adverse to the record owner does not constitute a "taking" of property under the Fifth and Fourteenth Amendments, even if it diminishes market value.
• 754 Orange AVE., Inc. v. City OF W. Haven
  761 F.2d 105· 2d Cir.· 1985-04-30
  The court held that the City's zoning and licensing ordinances, as applied to the plaintiff's adult bookstore, were likely unconstitutional due to vagueness, overbreadth, and impermissible prior restraint on First Amendment expression, warranting a preliminary injunction.
• Redden Scoggins v. Honorable Willard H. Douglas, Jr.
  760 F.2d 535· 4th Cir.· 1985-04-29
  The court held that a voluntary dismissal under FRCP 41(a)(1) is equivalent to a Virginia nonsuit, requiring recommencement within six months to benefit from tolling provisions, and thus the plaintiff's claim was time-barred.
• Cole v. Benson
  760 F.2d 226· 8th Cir.· 1985-04-26
  The court affirmed the denial of temporary and preliminary injunctive relief, finding no abuse of discretion by the district court in deferring to prison officials' decisions on inmate placement.
• Garcia v. The Colo. State Bd. OF LAW Exam'rs
  760 F.2d 239· 10th Cir.· 1985-04-25
  The court affirmed the trial court's summary judgment, finding no error in the application of immunity or in the dismissal of antitrust and discrimination claims.