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

• Mullis v. United States Bankr. Court FOR the Dist. OF Nev.
  828 F.2d 1385· 9th Cir.· 1987-09-24 ·cited 28×
  The court should not distinguish between state and federal judges regarding judicial immunity from prospective injunctive relief.
• Shockley v. Jones
  823 F.2d 1068· 7th Cir.· 1987-06-26 ·cited 28×
  The court held that while the district court erred in dismissing the case for lack of subject matter jurisdiction, it correctly dismissed the complaint for failure to state a claim under the Eighth Amendment, and therefore affirmed the judgment.
• Button v. Kermit Harden
  814 F.2d 382· 7th Cir.· 1987-03-03 ·cited 28×
  The dismissal of the § 1983 suit was proper on grounds of res judicata because the plaintiff could have raised his First Amendment retaliation claim in the prior state administrative review proceeding.
• Motes v. Myers
  810 F.2d 1055· 11th Cir.· 1987-02-20 ·cited 28×
  The court held that the plaintiff alleged sufficient facts to state a cause of action under 42 U.S.C. § 1983 for deprivation of liberty without due process, reversing summary judgment for the arresting officers. The court affirmed summary judgment for the City of Conyers.
• Bailey v. Andrews
  811 F.2d 366· 7th Cir.· 1987-02-03 ·cited 28×
  The jury's finding of liability for constitutional violations is affirmed, but the case is remanded for a new trial on damages due to excessiveness.
• Ewers v. Bd. OF Cnty. Comm'rs OF the Cnty. OF Curry & Anita C. Merrill & Michael C. Gattis
  802 F.2d 1242· 10th Cir.· 1986-10-02 ·cited 28×
  The court held that the jury instructions for the First Amendment claim were overly broad, and that there was insufficient evidence to support the deprivation of a liberty interest claim. The court affirmed the dismissal of the property interest claim.
• Palmerin v. City OF Riverside
  794 F.2d 1409· 9th Cir.· 1986-07-21 ·cited 28×
  The court held that guilty pleas were admissible as admissions of resistance and that the failure to object contemporaneously at trial after an unsuccessful motion in limine did not waive the appeal issue. The court also dismissed the appeal regarding the marijuana due to an inco
• SAN Diego Comm. Against Registration & THE Draft (Card) v. The Governing Bd. OF the Grossmont Union High Sch. Dist.
  790 F.2d 1471· 9th Cir.· 1986-06-06 ·cited 28×
  The court held that the school newspapers constitute a limited public forum, and the Board's exclusion of CARD's anti-draft advertisement, while permitting military recruitment advertisements, constituted viewpoint-based discrimination violating the First Amendment.
• Holloway v. Judge Dee Brown Walker
  790 F.2d 1170· 5th Cir.· 1986-05-30 ·cited 28×
  The court held that the Parratt/Hudson doctrine applies when state procedures provide due process, and a random or unauthorized act by a state employee violates those procedures, even if the employee has the power to grant a hearing.
• Clarence Eugene Jones aka Asmar Habeeb-Ullah Saleem v. Dr. Johnson
  781 F.2d 769· 9th Cir.· 1986-01-31 ·cited 28×
  The court held that the plaintiff's allegations sufficiently stated a claim for deliberate indifference to serious medical needs under the Fourteenth Amendment, and that claims against the county and supervisors could be based on official policy or custom.
• Hamilton v. Daley
  777 F.2d 1207· 7th Cir.· 1985-11-18 ·cited 28×
  The court held that while the plaintiff's suit was frivolous and defendants were entitled to fees, the district court failed to adequately determine if all hours billed were reasonably expended in light of the frivolous nature of the claims. The court remanded for further finding
• Dickie Freling Wimmer v. Cnty. Comm'n President Woodrow Cook
  774 F.2d 68· 4th Cir.· 1985-09-19 ·cited 28×
  A magistrate, acting under a 28 U.S.C. § 636(b)(1)(B) reference, cannot conduct a non-consensual jury trial or issue a final judgment based on a jury verdict. The district judge also erred by failing to review the trial transcript before ruling.
• Graham v. Baughman
  772 F.2d 441· 8th Cir.· 1985-09-06 ·cited 28×
  The court held that denying an inmate's request to call witnesses in a disciplinary hearing, without attempting to interview them even after the immediate crisis passed, violated procedural due process, but the inmate failed to prove actual damages from this violation.
• Hamner v. Rios
  769 F.2d 1404· 9th Cir.· 1985-08-28 ·cited 28×
  The existence of a contingent fee agreement does not, by itself, justify denying attorney's fees under 42 U.S.C. § 1988; the district court abused its discretion by doing so.
• Marlin E. Jones v. Edwards
  770 F.2d 739· 8th Cir.· 1985-08-20 ·cited 28×
  The court held that the strip search of Jones was an unreasonable search under the Fourth Amendment, and the district court erred in failing to grant his motion for judgment notwithstanding the verdict.
• Unification Church v. Immigr. & Naturalization Serv.
  762 F.2d 1077· D.C. Cir.· 1985-06-04 ·cited 28×
  The court held that the Unification Church could not recover attorney's fees under subsection (b) of the Equal Access to Justice Act because the government did not violate any statutes giving rise to fees under 42 U.S.C. § 1988. Furthermore, the court held that the Church could n
• Rose v. State OF Neb.
  748 F.2d 1258· 8th Cir.· 1984-11-26 ·cited 28×
  The court held that attorney's fees are not recoverable for state administrative proceedings under EAHCA when the fee claim is based on § 1983, and modified the award to exclude the State and its Board as entities due to Eleventh Amendment immunity.
• Martelon v. Herbert R. Temple, Jr.
  747 F.2d 1348· 10th Cir.· 1984-11-08 ·cited 28×
  The court held that military personnel cannot sue superior officers for alleged constitutional violations under § 1983, and that termination regulations for National Guard technicians are consistent with statutory intent.
• Williams v. Butler
  746 F.2d 431· 8th Cir.· 1984-10-15 ·cited 28×
  The court held that a city cannot be held liable under § 1983 solely based on an individual official's act if that act does not represent an official city policy or custom.
• Glover v. Ala. Dep't OF Corr.
  734 F.2d 691· 11th Cir.· 1984-06-18 ·cited 28×·via 42 U.S.C. § 1983 Action
  The court held that a governmental entity must be joined as a defendant in a § 1983 action to be held liable for attorney's fees, even if otherwise immune.
• Robb v. City OF Philadelphia & Mann
  733 F.2d 286· 3d Cir.· 1984-05-07 ·cited 28×
  The court held that plaintiff's complaint sufficiently stated a First Amendment claim under § 1983 for retaliation based on speech and association, but failed to state a Fourteenth Amendment due process claim for deprivation of property or liberty.
• Allegheny Cnty. Sanitary Auth. v. United States Env't Prot. Agency (EPA)
  732 F.2d 1167· 3d Cir.· 1984-04-20 ·cited 28×
  A state agency and its officials cannot be sued in federal court for alleged violations of state law, and the Water Pollution Control Act does not create a federal right of action against them. The Act also preempts claims against the EPA under the Administrative Procedure Act.
• Wilson v. City OF Littleton
  732 F.2d 765· 10th Cir.· 1984-04-16 ·cited 28×
  The court held that while the district court used the wrong legal standard, it reached the correct result because the officer's expression of grief was not a matter of public concern.
• Slaughter v. City OF Maplewood
  731 F.2d 587· 8th Cir.· 1984-04-13 ·cited 28×
  The court held that the denial of a motion for appointment of counsel in a civil rights employment discrimination case is immediately appealable under the collateral order doctrine, but remanded for the district court to provide its reasoning for the denial.
• Tingler v. Marshall
  716 F.2d 1109· 6th Cir.· 1983-09-15 ·cited 28×
• Burris v. Willis Indep. Sch. Dist., Inc.
  713 F.2d 1087· 5th Cir.· 1983-09-06 ·cited 28×
  The court held that Burris did not have a property interest in his employment renewal and that the alleged liberty deprivations did not rise to constitutional concern, but remanded the First Amendment claim for further factual determination.
• Cannon v. Univ. OF Health Sciences/THE Chicago Med. Sch.
  710 F.2d 351· 7th Cir.· 1983-06-14 ·cited 28×
  The court held that Title IX does not provide a damages remedy and the Eleventh Amendment bars damage claims against state universities under 42 U.S.C. § 1983. Laches may apply to equitable claims under § 1983 when legal remedies are barred.
• Pharr v. Hous. Auth. OF the City OF Prichard
  704 F.2d 1216· 11th Cir.· 1983-05-09 ·cited 28×
  The court held that the attorney's fee award should be based on the parties' fee agreement, which limits the recovery to the amount the plaintiff is contractually bound to pay, provided that amount is reasonable under the Johnson factors.
• Gray v. Bd. OF Higher Educ.
  692 F.2d 901· 2d Cir.· 1982-11-15 ·cited 28×
  The court held that absent a statement of reasons for denial of tenure or promotion, the balance tips toward discovery of committee votes, allowing a plaintiff a fair opportunity to establish a prima facie case of discrimination.
• Muir v. Ala. Educ. Television Comm'n: Jacob Walker
  688 F.2d 1033· 5th Cir.· 1982-10-15 ·cited 28×
  The dissenting judge believes state-operated television stations should have latitude in programming decisions, and neutrality is only abused if decisions are based solely on viewpoint.
• Haislah v. Walton
  676 F.2d 208· 6th Cir.· 1982-04-21 ·cited 28×
  The dissenting judge would affirm the district court's judgment, finding the jury instructions, when viewed as a whole, adequately apprised the jury of the relevant considerations and were not unduly prejudicial to the plaintiff.
• Branchcomb v. Lou Brewer
  669 F.2d 1297· 8th Cir.· 1982-02-11 ·cited 28×
  The court held that the trial court's findings of fact were insufficient to allow for intelligent appellate review of the defendants' state of mind.
• Kaylor v. Fields
  661 F.2d 1177· 8th Cir.· 1981-10-19 ·cited 28×
  The court affirmed the dismissal of the civil-rights action, holding that most claims failed to state a claim upon which relief could be granted or were subject to abstention doctrines, and the First Amendment claim lacked sufficient factual specificity.
• Villanueva v. George
  659 F.2d 851· 8th Cir.· 1981-09-16 ·cited 28×
  The court held that there was sufficient evidence to create jury issues regarding whether pretrial detainee Villanueva's conditions of confinement were punitive, and that actual damages were not required to vindicate certain constitutional rights.
• Beard v. Udall
  648 F.2d 1264· 9th Cir.· 1981-06-26 ·cited 28×
  A judge is not immune for conspiracy to jail a party if the acts were non-judicial; a prosecutor loses immunity if acting outside authority due to conflict of interest and baseless charges; a sheriff has qualified immunity.
• Jones v. Rodger Taber
  648 F.2d 1201· 9th Cir.· 1981-06-22 ·cited 28×
  A prisoner's release of civil rights claims is valid only if voluntary, deliberate, and informed, requiring a showing at least as strong as that for maritime releases.
• O'Neil v. City OF Lake Oswego
  642 F.2d 367· 9th Cir.· 1981-04-20 ·cited 28×
  A judge acting in excess of jurisdiction, but not in the clear absence of all jurisdiction, is protected by judicial immunity from liability under 42 U.S.C. § 1983. Attorney's fees awards require specific findings of fact and conclusions of law.
• Covington v. Allsbrook
  636 F.2d 63· 4th Cir.· 1980-11-25 ·cited 28×
  The court held that a pro se litigant's notice of appeal must be personally signed by each party wishing to appeal, and an 'et al.' designation is insufficient to confer appellate jurisdiction for unnamed parties.
• Younger v. The Colo. State Bd. OF LAW Exam'rs
  625 F.2d 372· 10th Cir.· 1980-07-10 ·cited 28×
  The court held that Colorado Rule 214, limiting the number of times an applicant can take the bar examination, is a rational policy that does not violate the Fourteenth Amendment's Due Process and Equal Protection Clauses.
• Rubin v. O'Koren
  621 F.2d 114· 5th Cir.· 1980-07-07 ·cited 28×
  The court held that the plaintiff's administrative grievance did not toll the statute of limitations, but that the district court erred in dismissing the case with prejudice, allowing the plaintiff to amend her complaint to plead the estoppel defense with particularity.
• Aiello v. The City OF Wilmington
  623 F.2d 845· 3d Cir.· 1980-05-01 ·cited 28×
  The court held that the trial court erred in granting summary judgment on the First Amendment 'chill' claim because it applied an incorrect legal standard regarding standing and the subjective nature of chilling effects.
• Jackey Don Watson v. Moss
  619 F.2d 775· 8th Cir.· 1980-04-24 ·cited 28×
  There is no constitutional or statutory right to effective assistance of counsel in a civil case, and thus no right to a new trial based on alleged inadequacy of appointed counsel.
• Ashbrook v. Harlan Hoffman
  617 F.2d 474· 7th Cir.· 1980-03-19 ·cited 28×
  Indiana partition commissioners are entitled to absolute quasi-judicial immunity for their conduct in handling a partition sale and distributing proceeds.
• Turner v. Raynes
  611 F.2d 92· 5th Cir.· 1980-01-31 ·cited 28×
  A justice of the peace is entitled to absolute judicial immunity for acts taken within their jurisdiction, even if those acts exceed their authority, as long as they do not act in the clear absence of all jurisdiction.
• Paxman v. Campbell
  612 F.2d 848· 4th Cir.· 1980-01-02 ·cited 28×
  The maternity leave policies requiring pregnant teachers to cease teaching at mandatory times violated the due process clause of the Fourteenth Amendment under Cleveland Board of Education v. LaFleur. School board members sued in their individual capacities are entitled to qualif
• Harley McLAIN v. Meier
  612 F.2d 349· 8th Cir.· 1979-12-18 ·cited 28×
  The court held that the district court erred in granting summary judgment on the procedural grounds that the complaint failed to state a claim, and vacated the judgment to allow for further factual development.
• Dist. 28 v. Wellmore Coal Corp.
  609 F.2d 1083· 4th Cir.· 1979-11-15 ·cited 28×
  Resort to state judicial processes by private parties does not, in itself, transform them into state actors for purposes of 42 U.S.C. § 1983, absent specific circumstances like the invocation of an immediately enforceable state judgment.
• Stanley v. Major O. L. Henderson and Major Bob DeJarnette
  597 F.2d 651· 8th Cir.· 1979-05-04 ·cited 28×
  The appellate court affirmed the district court's findings of fact, holding that they were supported by substantial evidence and not clearly erroneous.
• Frissell v. Rizzo
  597 F.2d 840· 3d Cir.· 1979-02-20 ·cited 28×
  A citizen and taxpayer lacks standing to sue for a First Amendment injury to a newspaper's relationship with the public, absent a showing that the newspaper is unable to assert its own rights.
• Sisbarro v. Warden, Mass. State Penitentiary
  592 F.2d 1· 1st Cir.· 1979-02-08 ·cited 28×
  Prison transfers, even interstate, do not implicate due process rights unless state law creates a justifiable expectation against such transfers. The statutes and compacts cited do not create such an expectation.