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

• Gilbert v. The City OF Little Rock
  722 F.2d 1390· 8th Cir.· 1983-11-29
  The court held that the district court erred in its analysis of the evidence of discrimination in the City's promotional practices, remanding for further proceedings on that issue, but affirmed the district court's judgment in all other regards.
• Janicki v. Pizza
  722 F.2d 1274· 6th Cir.· 1983-11-28
  The court held that the phrase 'including without limitation' in the Toledo obscenity ordinance's definition of sexual behavior does not render it unconstitutionally vague or overbroad. The court affirmed the constitutionality of the Ohio statutes based on prior precedent.
• Dorsey v. Hilmar G. Moore
  719 F.2d 1263· 5th Cir.· 1983-11-21
  The court held that the plaintiffs were not entitled to compensatory relief under § 1983 because the defendants acted in good faith, and their claims for declaratory relief were moot or not proven. The court also held that the district court did not err in refusing to abstain.
• H.T. Vondy v. J.R. White
  719 F.2d 1265· 5th Cir.· 1983-11-21
  The court held that the federal court should abstain from deciding the reasonableness of the salary until the state courts have resolved the issue under state law.
• McCULLOCH v. The Cnty. OF Washoe
  720 F.2d 1020· 9th Cir.· 1983-11-15
  The court held that the plaintiff failed to establish a deprivation of property, and Nevada law provided adequate due process.
• Pietzsch v. Mattox
  719 F.2d 129· 5th Cir.· 1983-11-10
  The court held that the district court did not abuse its discretion in abstaining from judgment on the constitutionality of the Texas statutes.
• Buie v. Jones
  717 F.2d 925· 4th Cir.· 1983-09-15 ·via 42 U.S.C. § 1983 Civil Rights Action
• Willis v. Cool
  714 F.2d 67· 8th Cir.· 1983-08-19
  The court held that the plaintiff's evidence was insufficient to support a conclusion that the defendant police officers knowingly supplied perjured testimony to the grand jury.
• Zephier v. Pierce
  714 F.2d 856· 8th Cir.· 1983-08-19
  The court held that a party is not entitled to attorneys' fees under 42 U.S.C. § 1988 if the preliminary injunction they obtained was erroneously granted and thus unnecessary.
• Laurence Stuebig v. Hammel
  714 F.2d 292· 3d Cir.· 1983-08-18
  The court held that the district court did not err in applying the law of qualified immunity to the defendants.
• Tydings v. Dep't OF Corr.
  714 F.2d 11· 4th Cir.· 1983-08-08
• Allen v. Greenville Cnty.
  712 F.2d 934· 4th Cir.· 1983-07-26
  The court held that the doctrine of res judicata barred the plaintiff's civil rights claim because it could have been raised in the prior state court action.
• Colin and Alan K. v. Schmidt
  715 F.2d 1· 1st Cir.· 1983-07-25
  The court held that a school committee waived its right to challenge procedural defects in administrative hearings by failing to raise them timely, and that damages are not available under the Rehabilitation Act for educational placement disputes when the Education for All Handic
• Monrad Vikse v. Basin Elec. Power Coop.
  712 F.2d 374· 8th Cir.· 1983-07-25
  The court held that the landowners were not denied equal protection because the utility had a rational basis for treating North Dakota landowners differently due to their organized opposition and subsequent group settlement.
• Pearl v. Lt. Rhodes and Captain McHan
  711 F.2d 868· 8th Cir.· 1983-07-22
  The court held that the inmate's allegations did not rise to the level of a constitutional violation under the Eighth Amendment.
• Polk v. Werner H. Kramarsky
  711 F.2d 505· 2d Cir.· 1983-07-11
  Undue delay by a state agency in processing a discrimination claim, even if violating state procedural time limits, does not give rise to a claim under Title VII, the New York Human Rights Law, or 42 U.S.C. § 1983 as a violation of due process, especially when the claimant's righ
• McMILLAN v. Chief Judge
  711 F.2d 108· 8th Cir.· 1983-07-07
  The court held that the claims of two plaintiffs were moot, but the third plaintiff's claim of undue delay in post-conviction relief proceedings was cognizable under 42 U.S.C. § 1983 and warranted further proceedings.
• Fredericks v. Huggins
  711 F.2d 31· 4th Cir.· 1983-07-06
  The court held that the jail's refusal to provide methadone detoxification to pretrial detainees did not constitute unconstitutional punishment or violate due process rights, as lawful incarceration limits certain privileges and rights.
• State OF Fla. ex rel. v. Crawford
  707 F.2d 472· 11th Cir.· 1983-06-16
  The appeal from the denial of a writ of habeas corpus seeking bail pending a state court appeal is moot because the state appeal has been decided.
• Aronson v. Hall
  707 F.2d 693· 2d Cir.· 1983-05-19
  The court held that the administrative review procedure provided by the state was adequate and did not deny the plaintiff due process.
• Vickroy v. City OF Springfield
  706 F.2d 853· 8th Cir.· 1983-05-06
  The court held that the officer's detention of the plaintiff was reasonable under the Fourth Amendment, thus affirming the grant of summary judgment.
• Rubino v. The City OF Mount Vernon
  707 F.2d 53· 2d Cir.· 1983-05-06
  The court held that the district court abused its discretion in granting a preliminary injunction because the appellee failed to demonstrate irreparable injury or a likelihood of success on the merits.
• Bond v. Asiala
  704 F.2d 309· 6th Cir.· 1983-04-06
  The court held that the district court erred in granting summary judgment based on the belief that simple negligence cannot support a § 1983 claim and that a warrantless entry into a third-party's home to execute an arrest warrant is unconstitutional under Steagald.
• Bertell Ollman v. Toll
  704 F.2d 139· 4th Cir.· 1983-04-06
  The court held that the district court's findings of fact were not clearly erroneous and supported the conclusion that the plaintiff failed to prove infringement of his constitutional rights.
• Roberson v. Hewes
  701 F.2d 418· 5th Cir.· 1983-03-28
  A prisoner's civil rights action cannot be dismissed solely on the unsubstantiated speculation that they cannot effectively prosecute it while incarcerated.
• Eddy Ray Messimer v. A.L. Lockhart
  702 F.2d 729· 8th Cir.· 1983-03-25
  The court held that plaintiffs did not waive their right to appeal by failing to object to the magistrate's recommendation, and that their complaint sufficiently alleged the Director's direct involvement in unconstitutional prison conditions.
• Letendre v. Fugate
  701 F.2d 1093· 4th Cir.· 1983-03-01
  The court held that Virginia's statutory requirement for a tenant to post an appeal bond for accrued and future rent, not exceeding one year's rent, does not violate the Fourteenth Amendment's due process or equal protection clauses.
• Turner v. W. Grady Stumbo, M.D.
  701 F.2d 567· 6th Cir.· 1983-02-21
  The court held that transferring pretrial detainees from a medium-security facility to a maximum-security facility, without more, does not constitute a constitutional violation, particularly when the new facility is adequately equipped and security is a legitimate governmental pu
• Palmer v. Schneider
  699 F.2d 322· 6th Cir.· 1983-02-04
  The court held that federal courts cannot enjoin state court proceedings absent specific exceptions, and no such exceptions applied here.
• Brookins v. O'Bannon
  699 F.2d 648· 3d Cir.· 1983-02-04
  The court held that section 20(b) of the 1982 Pennsylvania Welfare Reform Act does not unconstitutionally chill First Amendment rights of expression, petition, or association, nor does it restrict access to the courts.
• Crenshaw v. Parratt
  698 F.2d 360· 8th Cir.· 1983-01-26
  The court held that an inmate who refused to sign parole conditions was not deprived of a liberty interest by the state.
• Fredericks v. Major General Vahan Vartanian
  694 F.2d 891· 1st Cir.· 1982-12-07
  The court held that the plaintiff's demotion was permissible under state law because the statute allowing for regulations was permissive, not mandatory, and thus no property right was violated.
• Windward P'rs v. Ariyoshi
  693 F.2d 928· 9th Cir.· 1982-12-01
  The court held that the Eleventh Amendment bars federal jurisdiction over claims against state defendants, and without independent federal jurisdiction, the court cannot consider the remaining claims against private parties.
• Hawaiian Tel. Co. v. State of Haw. Dep't OF Labor & Indus. Relations
  691 F.2d 905· 9th Cir.· 1982-11-04
  The court held that the State Tax Injunction Act bars federal court challenges to state tax schemes, even those with federal components, and that Hawaii provides a plain, speedy, and efficient remedy for such challenges.
• Doe v. S. Fla. State Hosp.
  549 F. Supp. 838· S.D. Fla.· 1982-10-25
  A plaintiff's complaint fails to state a claim under 42 U.S.C. § 1983 when it alleges negligent release of a patient by state officials, as there is no federally protected right to be protected from private violence.
• Cook v. Deputy Jim Spencer
  688 F.2d 1017· 5th Cir.· 1982-10-14
• Byrd v. Vitek
  689 F.2d 770· 8th Cir.· 1982-10-01
  The court held that the plaintiff inmate failed to prove that the lack of work opportunities at the prison violated the Eighth Amendment's prohibition against cruel and unusual punishment.
• Zynn v. Sgt. Charles O'Donnell
  688 F.2d 940· 3d Cir.· 1982-09-28
  The court held that the pro se complaint was improperly dismissed for failure to state a claim, as it sufficiently alleged constitutional violations.
• Pellowski v. Burke
  686 F.2d 631· 8th Cir.· 1982-08-18
  The court held that evidence of malice was insufficient to support punitive damages against defendants Smith and Burke, but sufficient against defendant Garvey.
• Journey v. Vitek
  685 F.2d 239· 8th Cir.· 1982-08-13
  The court affirmed the district court's judgment, finding no clear error in its factual determinations regarding the plaintiff's claims of discrimination, due process violations, and property rights deprivation.
• Weston v. Bachman
  682 F.2d 202· 8th Cir.· 1982-07-07
  The court held that the district court must determine whether Arkansas's saving statutes or equitable tolling principles apply to the plaintiff's initial filing of a complaint and motion to proceed in forma pauperis.
• Prince v. Town OF Grubbs
  682 F.2d 184· 8th Cir.· 1982-07-01
  The court held that the district court's findings of legitimate reasons for the plaintiff's dismissal were not clearly erroneous.
• Brigita Gumsey v. Crawford
  679 F.2d 666· 6th Cir.· 1982-06-08
  The court held that the jury's verdict for the defendant was a clear rejection of the plaintiff's constitutional rights violation claim, affirming the district court's judgment.
• Fierro v. Ellis C. MacDOUGAL
  685 F.2d 261· 9th Cir.· 1982-06-01
  The court held that Fierro's complaint stated a viable claim for deprivation of a state-created liberty interest without due process, and he should be allowed to amend his complaint.
• Russ v. White
  680 F.2d 47· 8th Cir.· 1982-06-01
  The court held that the plaintiff's discharge did not result from protected activity and that the hearing provided was fair and impartial.
• Dr. Premanand v. Wagh
  677 F.2d 666· 8th Cir.· 1982-05-11
  The court held that the three-year statute of limitations for liabilities created by statute, not the five-year statute for written contracts, applies to claims under 42 U.S.C. §§ 1981 and 1983.
• Kornit v. Bd. of Educ. of the Plainview-Old Bethpage Cent. Sch. Dist.
  677 F.2d 13· 2d Cir.· 1982-04-08
  The court affirmed the dismissal of the appellant's complaint, finding that the deduction of wages for participating in an illegal strike did not constitute an impermissible garnishment under Title III of the Consumer Credit Act.
• Boyer v. Sgt. Herbert Riley
  675 F.2d 185· 8th Cir.· 1982-04-07
  The court held that the district court should not have dismissed the action but should have held it in abeyance pending completion of state proceedings.
• Maddox v. Thomas
  671 F.2d 949· 5th Cir.· 1982-04-02
  A prisoner generally has no Fourteenth Amendment liberty interest in being confined in one correctional facility over another, absent a state law right or justifiable expectation.
• Northwood Apts. v. LaVALLEY
  673 F.2d 159· 6th Cir.· 1982-03-16
  The court held that principles of comity require abstention in a damages action brought under 42 U.S.C. § 1983 to redress the allegedly unconstitutional administration of a state tax system.