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

• Ratcliff v. Cnty. OF Buncombe
  759 F.2d 1183· 4th Cir.· 1985-04-25
  The court held that the district court should have abstained from ruling on the merits of the equal protection claims due to unsettled questions of state law regarding Chapter 129.
• Glick v. A.L. Lockhart
  759 F.2d 675· 8th Cir.· 1985-04-17
  The court held that the inmate's complaint failed to state a claim under 42 U.S.C. § 1983 because compelling prison inmates to work does not contravene the Thirteenth Amendment and no facts showed cruel and unusual punishment or lack of due process.
• McIntosh v. City of Live Oak
  609 F. Supp. 590· M.D. Fla.· 1985-04-02
  The court held that the plaintiff's section 1983 claims are foreclosed because Florida law provides an adequate post-deprivation remedy, and the alleged deprivation resulted from random and unauthorized acts, not an established state procedure.
• Mercurio v. The City OF NEW York
  758 F.2d 862· 2d Cir.· 1985-03-29
  The court held that New York General Municipal Law § 50-k does not authorize reimbursement for private attorneys' fees when a conflict of interest exists between the city and its employees, and common-law rights to reimbursement are limited.
• Dixon v. Jensen
  756 F.2d 70· 8th Cir.· 1985-03-04
  The court held that discrepancies in a witness's testimony, without reasonable explanation, do not automatically discredit the evidence as a matter of law, and bare allegations of suborned perjury do not warrant relief under Rule 60(b).
• Simons v. Clemons
  752 F.2d 1053· 5th Cir.· 1985-02-11
  The court held that an arrest based on a facially valid warrant does not violate constitutional rights, and the temporary deprivation of medication for a pretrial detainee is permissible if rationally related to a legitimate government purpose and not excessive.
• Jessee Ivra v. C.B. Britton
  753 F.2d 80· 8th Cir.· 1985-01-21
  The court affirmed the district court's judgments in the employment discrimination cases, except for a limited remand to clarify the scope of monetary awards.
• Hurd v. Officer Romeo. Appeal of Charles David Hurd
  752 F.2d 68· 3d Cir.· 1985-01-07
  The court held that a pro se prisoner's complaint alleging excessive force and improper lockdown by a guard, even if poorly drafted, should not be dismissed at the pleading stage if it suggests a violation of federally protected rights.
• Haley v. Walker
  751 F.2d 284· 8th Cir.· 1984-12-28
  The court held that an attorney appointed by a federal court cannot be sued under 42 U.S.C. § 1983 because such action is not taken under color of state law. The court also denied a petition for writ of prohibition and a request for interlocutory appeal.
• Wolfel v. Bates
  749 F.2d 7· 6th Cir.· 1984-11-27
  The court held that an appellate court can recall its mandate to allow a district court to determine attorney's fees, even if costs were previously denied, to avoid procedural obstacles and ensure a fair determination.
• Haislah v. Walton
  748 F.2d 359· 6th Cir.· 1984-11-26
  The court held that the request for declaratory relief does not present a case or controversy in its current posture, as it seeks an adjudication on hypothetical facts rather than a present right.
• Malone v. City OF Poway
  746 F.2d 1375· 9th Cir.· 1984-11-06
  The court held that the Rule of Necessity barred a civil rights damages action against city council members for failing to disqualify themselves from a zoning decision, as they were the only body with the power to decide the permit.
• Mercy v. Cnty. OF Suffolk
  748 F.2d 52· 2d Cir.· 1984-11-05
  The court affirmed the award of costs to the defendants but vacated the denial of the plaintiffs' attorney's fees motion and remanded for a ruling on the merits.
• LEE v. Russell Cnty. Bd. OF Educ.
  744 F.2d 768· 11th Cir.· 1984-10-18
  The court held that the district court's findings of no racial discrimination or retaliation were not clearly erroneous, and that the plaintiffs failed to establish a prima facie case under the McDonnell Douglas framework.
• BEE v. Greaves
  744 F.2d 1387· 10th Cir.· 1984-09-24
  A pretrial detainee retains a liberty interest in avoiding unwanted antipsychotic medication, which must be balanced against state interests, and summary judgment was inappropriate due to disputed material facts regarding the existence of an emergency.
• Romula Alaniz v. SAN Isidro Indep. Sch. Dist.
  742 F.2d 207· 5th Cir.· 1984-09-24
  The court held that substantial evidence supported the jury's finding that the plaintiff's political activities were a motivating factor in her discharge, and that the district court did not err in its judgment and injunction.
• Dennis v. Charnes
  805 F.2d 339· 10th Cir.· 1984-09-24
  The court held that the trial court erred in dismissing the plaintiff's claim without allowing for the presentation of evidence regarding potential exceptions to the photograph requirement on driver's licenses and the balancing of religious freedom against state interests.
• Ryan Homes, Inc. v. Town OF Cumberland
  742 F.2d 1115· 7th Cir.· 1984-09-11
  The court held that the town of Cumberland, Indiana, could not enforce its building code and collect permit fees because it conflicted with the consolidated city of Indianapolis's building code under Indiana law.
• J.C. Sims v. Wyrick
  743 F.2d 607· 8th Cir.· 1984-09-10
  The court held that even if a prison policy banning Black Panther literature was unconstitutional, the inmate could not recover damages because the loss of his transcript was not proximately caused by that policy, but by inadvertence or theft.
• Lucero v. Russell
  741 F.2d 1129· 9th Cir.· 1984-08-28
  The court held that an inmate's administrative transfer to maximum security without a hearing does not violate the Due Process Clause.
• Francis v. Marquez
  741 F.2d 1127· 9th Cir.· 1984-08-28
  The court held that the district court erred by dismissing the section 1983 action outright instead of continuing the case to allow the inmate to exhaust administrative remedies as required by 42 U.S.C. § 1997e(a)(1).
• Mitchell v. City OF LOS Angeles
  741 F.2d 281· 9th Cir.· 1984-08-24
  The court held that the attorney's claim for fees was barred by the settlement agreement and stipulation of dismissal, even if the attorney had an independent right to seek fees.
• Dixon v. Alexander
  741 F.2d 121· 6th Cir.· 1984-08-21
  The court held that the district court properly dismissed the federal habeas corpus claim for failure to exhaust state remedies and the § 1983 claim as it was subsumed by the habeas claim.
• Crippen v. Noble P. Kheder
  741 F.2d 102· 6th Cir.· 1984-08-15
  The court held that the Department's policy of automatically terminating Medicaid benefits upon SSI termination, without first determining eligibility as a 'medically needy' individual, violates federal regulations.
• Rynecki v. State OF Conn. Dep't OF Soc. Servs.
  742 F.2d 65· 2d Cir.· 1984-08-14
  The court held that collateral estoppel bars relitigation of claims already decided by state courts, and the state's interest in paternity suits does not violate constitutional rights.
• Allen Farms, Inc. v. Ark. Power & Light Co.
  739 F.2d 401· 8th Cir.· 1984-07-30
  The court held that the district court should abstain from deciding the landowners' federal claims until state courts determine if those claims could have been raised in the condemnation proceedings.
• Bumgarner v. Bloodworth
  738 F.2d 966· 8th Cir.· 1984-07-17
  The court held that the state claims commission does not provide an adequate remedy for intentional property deprivation, reversing the dismissal of those claims.
• Claudio Ramirez v. Ruelas
  736 F.2d 168· 5th Cir.· 1984-07-12
  The court held that the state employment commission employees were not statutorily or regulatorily obligated to certify the safety and adequacy of transportation provided by a farm labor contractor, and their negligent handling of complaints did not proximately cause the plaintif
• Landi v. Phelps
  740 F.2d 710· 9th Cir.· 1984-07-03
  The court held that federal courts cannot enjoin state court proceedings merely because they interfere with a protected federal right or invade an area preempted by federal law, and that federal courts do not have exclusive jurisdiction over litigation involving property rights d
• Elias Rand, M.D. v. Perales
  737 F.2d 257· 2d Cir.· 1984-06-15
  The court held that Dr. Rand received constitutionally adequate notice and opportunity to be heard, thus satisfying due process requirements.
• Sowers v. City OF Fort Wayne
  737 F.2d 622· 7th Cir.· 1984-06-14 ·via 42 U.S.C. § 1983 Action
  Firefighters demoted without notice or hearing had a property interest in their ranks protected by due process, and their promotions were not invalidated by a prior court ruling concerning other demotions.
• Battieste v. City OF Baton Rouge
  732 F.2d 439· 5th Cir.· 1984-05-21
  A plaintiff who cannot meet the 'in custody' requirement for habeas corpus is not precluded from challenging the constitutionality of their state court conviction in a section 1983 action.
• Cain v. The State OF Ark. & Ark. State Podiatry Bd.
  734 F.2d 377· 8th Cir.· 1984-05-15
  The court held that the Eighth Amendment does not apply to civil license revocation proceedings and that claims were barred by res judicata and the Eleventh Amendment.
• Gelber v. Rozas
  584 F. Supp. 902· S.D. Fla.· 1984-05-14
  The court holds that it has subject matter jurisdiction over the federal claims but must dismiss pendent state law claims seven and eight.
• Coastland Corp. & Ocean Sands, Inc. v. Cnty. OF Currituck
  734 F.2d 175· 4th Cir.· 1984-05-11
  The court held that Coastland did not possess a property right in liquidated damages from a contract between the County and a third-party contractor, thus failing to establish a due process claim. It also held that the County's requirement for Coastland to dedicate a road as a pu
• Brown v. Reno
  1984 U.S. Dist. LEXIS 17106· S.D. Fla.· 1984-04-30
  The court held that the defendant prosecutor is entitled to absolute immunity for her actions and that the plaintiff failed to state a claim for a deprivation of a constitutionally protected right.
• Riggs v. Commonwealth OF Ky.
  734 F.2d 262· 6th Cir.· 1984-04-10
  The court held that the Eleventh Amendment bars suits against the Commonwealth of Kentucky in federal court, and that the plaintiffs failed to establish a constitutionally protected property interest in their employment.
• Bruner v. Dunning
  731 F.2d 527· 8th Cir.· 1984-03-27
  The court held that the plaintiff failed to establish a denial of due process based on ineffective assistance of counsel or inadequate notice of hearings.
• Marrero v. City of Hialeah
  334 F.2d 506· S.D. Fla.· 1984-03-08
  The court held that the City was not liable under § 1983 because the plaintiffs failed to prove a custom or policy, and that the prosecutor was entitled to qualified immunity as his actions did not violate clearly established constitutional rights.
• Celeste Colon v. Jenaro Collazo Collazo
  729 F.2d 32· 1st Cir.· 1984-03-08
  The court held that the commitment of non-delinquent juveniles to institutions with parental consent, following a departmental social study, does not violate due process or Puerto Rico law, as the social workers act as neutral factfinders and the relevant statute does not apply.
• West v. Vill. OF Morrisville & Robert Bourne
  728 F.2d 130· 2d Cir.· 1984-02-14
  The court held that federal courts should abstain from deciding constitutional questions when complex state law issues that could moot the federal questions remain unresolved.
• Fraternal Order of Police v. Brescher
  579 F. Supp. 1517· S.D. Fla.· 1984-02-13
  The court held that res judicata bars the current lawsuit because the prior class action adequately represented the plaintiffs' interests, and the prior ruling that deputy sheriffs are not 'public employees' for collective bargaining purposes remains valid.
• Int'l Soc'y FOR Krishna Consciousness, Inc. v. AIR Canada
  727 F.2d 253· 2d Cir.· 1984-01-31
  The court held that the interlocutory appeal was improvidently granted and declined to decide the issues presented, remanding the case for further action.
• Mastrian v. Schoen
  725 F.2d 1164· 8th Cir.· 1984-01-25
  The court held that the appellants failed to show they were discriminated against by the chargeback program, thus affirming the grant of summary judgment.
• Archer v. Individually
  723 F.2d 639· 8th Cir.· 1983-12-29
  The court held that a guardian for minor children lacked standing to bring a Section 1983 action based on the deceased father's alleged constitutional rights violations.
• Jacinto Vasquez v. van Lindt
  724 F.2d 321· 2d Cir.· 1983-12-20
  The court held that Vasquez's claims were barred by res judicata because they were actually litigated and determined in the state court Article 78 proceeding, precluding relitigation in federal court under § 1983.
• Leza Price, Jr. v. Harris
  722 F.2d 427· 8th Cir.· 1983-12-14
  The court held that the district court did not err in dismissing the pro se complaint without granting leave to amend, as it failed to state a valid Fourth Amendment claim.
• Johnson v. City OF Glencoe
  722 F.2d 432· 8th Cir.· 1983-12-14
  The court held that the district court's grant of summary judgment based on res judicata was not in error.
• J.D. Franks and Margaret Franks v. Van Smith
  721 F.2d 153· 5th Cir.· 1983-12-12
  Appellants had no legally cognizable liberty or property interest in the child, thus their Fourteenth Amendment claim for damages under section 1983 fails.
• Colon v. Lomelo
  575 F. Supp. 664· S.D. Fla.· 1983-12-06
  The court held that the § 1983 claim against individual defendants remains viable, but the claim against the City is dismissed, and the § 1985 claim is dismissed against all defendants.