42 U.S.C. § 1983

12,666 Florida cases classified under this topic, plus 447 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Michenfelder v. Sumner
  860 F.2d 328· 9th Cir.· 1988-10-26 ·cited 36×·via 42 U.S.C. § 1983 Action
  The court held that the prison's strip search policy and taser use policy were reasonably related to legitimate penological interests and did not violate the Fourth or Eighth Amendments. Procedural claims were also found meritless.
• Meehan v. Cnty. OF LOS Angeles
  856 F.2d 102· 9th Cir.· 1988-09-07 ·cited 36×
  The court held that the notice of appeal was insufficient to bring claims of Michael Meehan and Keith Mauldin before the court, and that the directed verdicts in favor of Buhler and the County were proper due to lack of evidence of direct involvement or policy.
• Loudermill v. Cleveland Bd. OF Educ.
  844 F.2d 304· 6th Cir.· 1988-04-06 ·cited 36×
  The court held that the Board of Education could assert its pretermination defense for the first time on remand, and that the pretermination procedures provided to Loudermill satisfied due process requirements. The court also affirmed the award of attorneys' fees to Loudermill as
• Unity Ventures v. Cnty. OF Lake
  841 F.2d 770· 7th Cir.· 1988-03-09 ·cited 36×
  The court held that the plaintiffs' constitutional and antitrust claims were not ripe for adjudication because they had not obtained a final decision from the governmental entities regarding their application for a sewer connection.
• Schlegel v. Bebout
  841 F.2d 937· 9th Cir.· 1988-03-08 ·cited 36×
  The dissent argues that state Public Utilities Commission members should be afforded absolute prosecutorial immunity, not qualified immunity, for their actions related to audits and cease and desist letters.
• Brennan v. Stewart
  834 F.2d 1248· 5th Cir.· 1988-01-07 ·cited 36×
  The court held that the district court erred in dismissing Brennan's claims for prospective relief against the Board members in their official capacities due to the Eleventh Amendment, but affirmed the dismissal of his constitutional claims on the merits.
• Duggan v. Bd. OF Educ. OF E. Chicago Heights
  818 F.2d 1291· 7th Cir.· 1987-04-24 ·cited 36×
  Unreviewed factual findings of a state or local agency should not be given preclusive effect in a subsequent suit brought under the Age Discrimination in Employment Act (ADEA).
• The Interface Grp., Inc. v. Mass. Port Auth.
  816 F.2d 9· 1st Cir.· 1987-03-30 ·cited 36×
  The court held that Massport is immune from antitrust liability under the state action doctrine and that two federal aviation statutes do not provide a private right of action, but one statute does.
• Rosado v. Zayas
  813 F.2d 1263· 1st Cir.· 1987-03-10 ·cited 36×
  The court held that it was not clearly established that the plaintiffs' positions were protected from politically motivated demotion, thus entitling defendants to qualified immunity on damage claims.
• Maddox v. The City OF LOS Angeles
  792 F.2d 1408· 9th Cir.· 1986-06-26 ·cited 36×
  The court held that the jury instructions regarding due process, deliberate indifference, CPR, negligence per se, and the admissibility of evidence were not erroneous, and therefore affirmed the jury's verdict for the defendants.
• van Sickle v. Judges William J. Holloway
  791 F.2d 1431· 10th Cir.· 1986-05-28 ·cited 36×
  The court held that the district court properly dismissed the case as frivolous and malicious under 28 U.S.C. § 1915(d), and alternatively, that the federal district court lacked subject matter jurisdiction to review the state court decisions.
• Daly v. Hill
  790 F.2d 1071· 4th Cir.· 1986-04-21 ·cited 36×
  The dissenting judge believes the trial court properly calculated attorney's fees based on rates at the time services were rendered and reasonably disallowed certain litigation expenses.
• Hiawatha Nash v. Black
  781 F.2d 665· 8th Cir.· 1986-01-17 ·cited 36×
  The court held that an inmate has no protected liberty interest in a furlough or transfer, but a claim of discrimination based on disparate treatment of other inmates with similar convictions was not frivolous and should not have been dismissed.
• Garlin M. Bailey v. Inez Kirk
  777 F.2d 567· 10th Cir.· 1985-11-14 ·cited 36×
  The court held that the plaintiff's suspensions implicated a property interest protected by due process, and that the demotion hearing did not provide a meaningful opportunity to respond to charges. The court affirmed the dismissal of the liberty interest claim regarding suspensi
• Hameetman v. The City OF Chicago
  776 F.2d 636· 7th Cir.· 1985-09-30 ·cited 36×
• Zelma Jones v. Phyfer
  761 F.2d 642· 11th Cir.· 1985-05-28 ·cited 36×
  The court held that the plaintiff failed to establish a "special relationship" required to impose a constitutional duty on the state to protect her from the criminal acts of a third party, thus affirming the dismissal.
• Whitehorn v. E.L. Harrelson
  758 F.2d 1416· 11th Cir.· 1985-04-25 ·cited 36×
  A prisoner's continued participation in a work release program may implicate a constitutionally protected liberty interest if state statutes, regulations, or practices create substantive limitations on the discretion to revoke that participation.
• Cameo Convalescent Ctr., Inc. v. Senn
  738 F.2d 836· 7th Cir.· 1984-06-29 ·cited 36×
  The court held that the district court erred by failing to instruct the jury on the plaintiffs' conspiracy theory, requiring a new trial. It also held that the individual plaintiffs' claims were properly dismissed and that Darla Senn's actions, while potentially constituting comm
• Noe Villanueva v. McINNIS
  723 F.2d 414· 5th Cir.· 1984-01-23 ·cited 36×
  A conspiracy to deprive a person of a constitutional right, without an actual deprivation, is insufficient to establish liability under 42 U.S.C. § 1983.
• Lerwill v. Joslin
  712 F.2d 435· 10th Cir.· 1983-07-11 ·cited 36×
  A prosecutor is absolutely immune from a section 1983 suit for damages when initiating a prosecution under statutes he is not authorized to invoke, provided he was arguably empowered to prosecute the conduct and the invoked statute arguably applies to the conduct.
• Ware v. Reed
  709 F.2d 345· 5th Cir.· 1983-07-11 ·cited 36×
  The court held that the jury instructions on the plaintiff's federal claims were deficient and misleading, requiring reversal and a new trial.
• Childs v. Duckworth
  705 F.2d 915· 7th Cir.· 1983-04-20 ·cited 36×
  The court should remand the case for appointment of counsel and retrial due to the complexity and first impression nature of the constitutional issue regarding Satanism in a prison context.
• Cheyney State Coll. Faculty & E. Sonny Harris & Arthur M. Bagley & Ernest Berry v. Hufstedler
  703 F.2d 732· 3d Cir.· 1983-03-30 ·cited 36×
  A district court's stay order pending administrative proceedings is not a final decision and thus not immediately appealable under 28 U.S.C. § 1291, but may be reviewed via writ of mandamus if the district court clearly abused its discretion.
• Rogers v. Scurr
  676 F.2d 1211· 8th Cir.· 1982-05-05 ·cited 36×
  The court held that prison officials are entitled to broad discretion in matters of prison security and administration, and injunctions should not be imposed without a clear showing of constitutional deprivation or a real and immediate threat thereof.
• Stevens v. Heard
  674 F.2d 320· 5th Cir.· 1982-04-23 ·cited 36×
  The court held that a Certificate of Probable Cause, timely received by the clerk but not filed within 30 days, could suffice as a notice of appeal if it clearly evinced intent to appeal, allowing the court to reach the merits. It also held that claims challenging the fact or len
• High OL' Times, Inc. v. Busbee
  673 F.2d 1225· 11th Cir.· 1982-04-23 ·cited 36×
  The court held that the Georgia drug paraphernalia statutes were not unconstitutionally vague on their face because they provided adequate notice and could be constitutionally applied to certain items sold by the appellees. The possibility of arbitrary enforcement did not render
• Lubbock Civil Liberties Union v. Lubbock Indep. Sch. Dist.
  669 F.2d 1038· 5th Cir.· 1982-03-11 ·cited 36×
  The court held that allowing voluntary student religious meetings before or after school hours, under the guise of a public forum or secular purpose, violates the Establishment Clause due to impermissible advancement of religion and entanglement with religious activities.
• Ellis v. City OF Chicago
  667 F.2d 606· 7th Cir.· 1981-12-15 ·cited 36×
  The court held that plaintiffs' failure to object to a jury instruction in the district court precludes appellate review, and that evidentiary rulings and the refusal to allow leading questions on direct examination did not constitute reversible error absent a showing of prejudic
• Sullivan v. Commonwealth OF Pa. Dep't OF Labor & Indus.
  663 F.2d 443· 3d Cir.· 1981-10-26 ·cited 36×
  The court held that a plaintiff who prevails in arbitration under a collective bargaining agreement, even if motivated by a Title VII lawsuit, is not entitled to attorney's fees under Title VII's fee-shifting provision.
• Couf v. Karleen DeBLAKER
  652 F.2d 585· 5th Cir.· 1981-08-07 ·cited 36×
  The court held that the plaintiffs failed to establish a federal cause of action based on the city's zoning decisions, as the state court's finding of procedural error did not equate to a finding of arbitrary or irrational zoning under federal law, and there was insufficient evid
• Layne v. Vinzant
  657 F.2d 468· 1st Cir.· 1981-07-31 ·cited 36×
  The court held that the evidence did not support the jury's findings of deliberate indifference to serious medical needs or improper transfer, and that the plaintiff failed to prove supervisory liability or loss of legal materials.
• Harrington v. Vandalia-Butler Bd. OF Educ.
  649 F.2d 434· 6th Cir.· 1981-05-22 ·cited 36×
  The court held that summary judgment for individual defendants was improper due to lack of notice under Rule 56(c), but res judicata barred the § 1983 claim against all defendants despite the intervening Monell decision.
• White v. Walsh
  649 F.2d 560· 8th Cir.· 1981-05-15 ·cited 36×
  The court held that the plaintiff's pro se complaint, alleging a conspiracy to impanel an all-white jury over his objections, was sufficiently specific to withstand a motion to dismiss under 42 U.S.C. § 1983.
• Strecker v. Grand Forks Cnty. Soc. Serv. Bd.
  640 F.2d 96· 8th Cir.· 1980-12-31 ·cited 36×
  The court affirmed the district court's judgment, holding that the employer proved the pay disparity was based on factors other than sex, specifically a neutral classification system.
• Williams v. Rhoden
  629 F.2d 1099· 5th Cir.· 1980-11-06 ·cited 36×·via 42 U.S.C. § 1983 Liability
  The court held that the district court erred in dismissing a prisoner's Section 1983 complaint without service of process and in applying the wrong statute of limitations to the conspiracy claim.
• C. R. "Jake" Cook v. The Houston Post
  616 F.2d 791· 5th Cir.· 1980-05-07 ·cited 36×
  A prosecutor is absolutely immune from suit under § 1983 for acts within the scope of his duties, and private individuals conspiring with immune state officials are not automatically liable under § 1983 if no constitutional right was deprived.
• Cullen v. Margiotta
  618 F.2d 226· 2d Cir.· 1980-03-25 ·cited 36×
  The court held that the district court's certification of its order as a final judgment under Fed.R.Civ.P. 54(b) was improper, and therefore the appeal must be dismissed for lack of jurisdiction.
• Brown v. Chaffee
  612 F.2d 497· 10th Cir.· 1979-12-26 ·cited 36×
  The court held that the dismissal of the § 1983 claim against individual defendants was proper, but the dismissal of the breach of duty to defend claim against AFM was not, and summary judgment for USFIC was appropriate.
• Atcherson v. Honorable Judge John Siebenmann
  605 F.2d 1058· 8th Cir.· 1979-09-13 ·cited 36×
  The court held that the judge was not protected by absolute immunity and that attorney's fees should not be reduced due to representation by a public interest group.
• Marshall v. Kirkland
  602 F.2d 1282· 8th Cir.· 1979-08-01 ·cited 36×
  The court held that the district court did not err in finding that the school district successfully rebutted the presumption of racial discrimination for individual relief and did not err in finding no prima facie case of sex discrimination within the limitations period.
• Vergnes v. Seekonk Water Dist.
  601 F.2d 9· 1st Cir.· 1979-06-25 ·cited 36×
  The court held that a municipal water district can be liable under 42 U.S.C. § 1981 and § 1983 for denying a petition for inclusion based on racial discrimination, and that a corporation has standing to sue under these statutes.
• Goss v. SAN Jacinto Junior Coll.
  588 F.2d 96· 5th Cir.· 1979-01-16 ·cited 36×
  The court held that the district court had proper jurisdiction, the college was not immune under the Eleventh Amendment, and there was sufficient evidence to support the jury's finding that the instructor's contract was not renewed due to First Amendment activity.
• Wycoff v. Lou V. Brewer
  572 F.2d 1260· 8th Cir.· 1978-03-23 ·cited 36×
  The court held that while some prison actions violated constitutional rights, the defendants were shielded from damages by qualified immunity, and the plaintiff's own conduct contributed to his situation.
• Mortimer Goodman v. Parwatikar
  570 F.2d 801· 8th Cir.· 1978-02-17 ·cited 36×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that summary judgment was improperly granted because genuine disputes of material fact exist regarding the patient's voluntary status and the hospital's duty to provide a safe and humane environment.
• Gasparinetti v. Kerr
  568 F.2d 311· 3d Cir.· 1977-11-03 ·cited 36×
  The court held that two police department regulations prohibiting derogatory references and censoring official transactions were unconstitutionally overbroad. It also found a third regulation prohibiting public disparagement to be unconstitutionally overbroad. The court reversed
• Rosenthal v. Rizzo
  555 F.2d 390· 3d Cir.· 1977-05-25 ·cited 36×
  The court held that summary judgment was improperly granted on the First Amendment claim because there was a genuine issue of material fact regarding the employee's policymaking status.
• Welsch v. Likins
  550 F.2d 1122· 8th Cir.· 1977-03-09 ·cited 36×
  The court held that while federal courts can order states to meet constitutional standards for institutions, they should avoid directly enjoining state fiscal laws that impede compliance, especially when legislative action is pending. The court affirmed most orders but vacated an
• Wiley v. Memphis Police Dep't
  548 F.2d 1247· 6th Cir.· 1977-02-10 ·cited 36×
  The court held that police officers were justified in using deadly force to apprehend fleeing burglars under Tennessee law, and that the officers acted in good faith, relying on the presumption of constitutionality of the relevant statute.
• Rendell Noel Mabey, Jr. v. Reagan
  537 F.2d 1036· 9th Cir.· 1976-06-01 ·cited 36×
  The court held that overstaffing is not a basis for applying Article 7 layoff procedures and that mixed-motive terminations require inquiry into the decision-maker's motives.
• Flozell Jones v. Marshall
  528 F.2d 132· 2d Cir.· 1975-11-24 ·cited 36×
  A state's common law privilege for an officer using deadly force to arrest a fleeing felon does not shield the officer from a 42 U.S.C. § 1983 claim if the state law permits force that violates federal constitutional standards.