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

• Cupit v. James "Sonny" Jones
  835 F.2d 82· 5th Cir.· 1987-12-24 ·cited 22×
  The court held that the district court properly granted summary judgment for prison officials, as the plaintiff failed to demonstrate deliberate indifference to his serious medical needs or punitive conditions of confinement.
• Eldridge v. Block
  832 F.2d 1132· 9th Cir.· 1987-11-17 ·cited 22×
  The court held that the district court abused its discretion by denying the pro se prisoner's timely request for an extension to file an amended complaint, especially when the prisoner lacked access to the necessary local rules, and thus the subsequent dismissal was also an abuse
• Specht v. Jensen
  832 F.2d 1516· 10th Cir.· 1987-11-10 ·cited 22×
  The court held that a Fourth Amendment violation does not require a specific mental state beyond objective unreasonableness, and that officers' participation in searches based on a flawed repossession order was sufficient to support jury findings of constitutional violations and
• Thompkins v. Belt
  828 F.2d 298· 5th Cir.· 1987-09-29 ·cited 22×
  The court held that the district court's findings did not adequately establish a basis for holding the sheriff liable under section 1983, vacating the award of damages and remanding for further findings.
• Trujillo v. Goodman
  825 F.2d 1453· 10th Cir.· 1987-08-07 ·cited 22×
  The court held that a jury could reasonably find that an officer's use of excessive force, while constituting a battery, did not rise to the level of a constitutional violation under 42 U.S.C. § 1983, particularly when the force was a spontaneous reaction rather than malicious.
• Daly-Murphy v. Winston
  837 F.2d 348· 9th Cir.· 1987-07-01 ·cited 22×
  The court affirmed the district court's grant of summary judgment, finding no genuine issues of material fact and correct application of substantive law regarding the APA, Privacy Act, Bivens, and state libel claims.
• Patton v. Przybylski
  822 F.2d 697· 7th Cir.· 1987-06-17 ·cited 22×
  The court held that a complaint alleging racial discrimination and wrongful arrest must be accepted as true at the dismissal stage.
• The Port Auth. Police Benevolent Ass'n, Inc. v. The Port Auth. OF NEW York & NEW Jersey
  819 F.2d 413· 3d Cir.· 1987-05-27 ·cited 22×
  The Port Authority is an arm of the state and thus entitled to Eleventh Amendment immunity from suit under 42 U.S.C. § 1983.
• Lewis v. Lane
  816 F.2d 1165· 7th Cir.· 1987-04-07 ·cited 22×
• Fetner v. The City OF Roanoke
  813 F.2d 1183· 11th Cir.· 1987-04-06 ·cited 22×
  The court held that the district court erred in granting summary judgment because a genuine issue of material fact existed regarding whether the plaintiff resigned and because the plaintiff stated a valid procedural due process claim.
• Koch v. City OF Hutchinson
  814 F.2d 1489· 10th Cir.· 1987-03-27 ·cited 22×
  The dissenting judge would affirm the trial court's grant of judgment n.o.v. because the fire marshal's report, made in his official capacity, did not constitute speech on a matter of public concern protected by the First Amendment.
• United States v. Bigham
  812 F.2d 943· 5th Cir.· 1987-03-09 ·cited 22×
  The court held that a witness's prior grand jury testimony, claimed to be forgotten at trial, is admissible as a prior inconsistent statement under Federal Rule of Evidence 801(d)(1)(A) if the jury can reasonably find the memory loss is feigned, and that the jury instructions on
• Holloway v. A.L. Lockhart
  813 F.2d 874· 8th Cir.· 1987-03-05 ·cited 22×
  The court held that a local rule conditioning discovery on leave of court for prisoner petitions is invalid because it conflicts with the Federal Rules of Civil Procedure, and that summary judgment was inappropriate due to genuine issues of material fact and insufficient discover
• Chloree Vaden v. Vill. OF Maywood
  809 F.2d 361· 7th Cir.· 1987-01-07 ·cited 22×
  The court held that the village ordinances restricting mobile food vendors were a rational means of achieving legitimate government interests and did not violate due process or equal protection. The court also held that the plaintiff failed to state a claim for conspiracy under 4
• Harper v. Jeffries
  808 F.2d 281· 3d Cir.· 1986-12-31 ·cited 22×
  A federal court should not dismiss a § 1983 damages claim brought concurrently with a habeas corpus petition, even if state remedies for confinement have not been exhausted.
• Jensen v. City OF SAN Jose & Harry Stangel
  806 F.2d 899· 9th Cir.· 1986-12-17 ·cited 22×
• Ortiz v. Melquiades Burgos
  807 F.2d 6· 1st Cir.· 1986-12-12 ·cited 22×
  Stepfather and siblings do not have a constitutionally protected interest in the companionship of their adult son and brother, actionable under 42 U.S.C. § 1983.
• Skeets v. Johnson
  805 F.2d 767· 8th Cir.· 1986-11-12 ·cited 22×
  The majority held that an at-will state employee possessed a constitutionally protected property right due to grievance procedures and was entitled to reinstatement with backpay without proving he would have been discharged absent procedural errors. The dissent disagreed with all
• Birdie C. McKEE v. Bi-State Dev. Agency
  801 F.2d 1014· 8th Cir.· 1986-09-22 ·cited 22×
  The court held that a local rule attempting to make a judgment non-final pending attorney's fees determination is invalid, but excused an untimely appeal based on reliance on that rule. It also held that a jury verdict for the plaintiff on an Equal Pay Act claim is inconsistent w
• Draper v. Davis S. Coombs
  792 F.2d 915· 9th Cir.· 1986-06-24 ·cited 22×
  The court held that plaintiff properly pleaded § 1983 claims for extradition violations and towing under an unconstitutional ordinance, and that nominal damages are available even without actual harm. Claims against the State of Washington were affirmed due to Eleventh Amendment
• Sykes v. McDOWELL
  786 F.2d 1098· 11th Cir.· 1986-04-15 ·cited 22×
  The court held that state administrative proceedings did not bar the deputy sheriff's federal First Amendment claim, submitting the protected speech issue to the jury was not plain error, and the damages awarded were not excessive.
• Groseclose v. Dutton
  788 F.2d 356· 6th Cir.· 1986-04-14 ·cited 22×
  The court held that the district court's order requiring the submission of a remedial plan for unconstitutional prison conditions was neither a final judgment nor an appealable injunction, thus lacking appellate jurisdiction.
• Villante v. Dep't OF Corr. OF the City OF NEW York
  786 F.2d 516· 2d Cir.· 1986-03-19 ·cited 22×
  The court held that the district court abused its discretion by denying discovery and improperly granting summary judgment on the sexual assault claim, but correctly dismissed the wrongful confinement claim.
• Elizabeth and Katherine Castaneda v. Mrs. A.M. "Billy" Pickard
  781 F.2d 456· 5th Cir.· 1986-01-28 ·cited 22×
  The court held that the district court's findings of no discrimination in ability grouping, teacher hiring, and bilingual education were not clearly erroneous, affirming the judgment.
• Berger v. Battaglia
  779 F.2d 992· 4th Cir.· 1985-12-20 ·cited 22×
  The court held that conditioning continued employment on an officer's cessation of offensive off-duty public entertainment performances, even if potentially disruptive to community relations, violates the First Amendment when there is no showing of direct disruption to the depart
• Greco v. Guss
  775 F.2d 161· 7th Cir.· 1985-10-01 ·cited 22×
  The court held that while the seizure of property might have involved state action, the availability of post-deprivation remedies, such as tort actions, satisfied due process requirements, thus affirming the summary judgment.
• Cook v. PAN Am. World Airways, Inc.
  771 F.2d 635· 2d Cir.· 1985-08-22 ·cited 22×
  The court held that the plaintiffs' claims under the Age Discrimination in Employment Act (ADEA) and New York Human Rights Law were not barred by the prior Civil Aeronautics Board (CAB) order, as the CAB lacked the authority to adjudicate age discrimination claims and the ADEA pr
• Mark v. Furay
  769 F.2d 1266· 7th Cir.· 1985-08-08 ·cited 22×
  A plaintiff arrested pursuant to a facially valid warrant generally has no claim for unconstitutional deprivation of liberty under § 1983, even if the arresting officers had malicious motives, unless the plaintiff can show the warrant was procured by misrepresentation of material
• O'Quinn v. Manuel
  773 F.2d 605· 5th Cir.· 1985-08-05 ·cited 22×
  The court held that the district court erred in dismissing the complaint for failure to state a claim, as the plaintiff's allegations, if true, could establish a violation of his constitutional rights. However, the dismissal for failure to state a claim is affirmed, but the case
• Elana Casines v. Murchek
  766 F.2d 1494· 11th Cir.· 1985-07-29 ·cited 22×
  State officials are entitled to qualified immunity for violating clearly established state law if federal rights were not clearly established. Post-termination claims may require abstention or reconsideration under Parratt v. Taylor.
• Frazier v. The Bd. OF Trs. OF Nw. Miss. Reg'l Med. Ctr.
  765 F.2d 1278· 5th Cir.· 1985-07-22 ·cited 22×
  The court held that Lifetron's personnel decisions were not state action for purposes of a § 1983 claim, but reversed the dismissal of the § 504 Rehabilitation Act claim, finding Lifetron was a program benefiting from federal financial assistance.
• Harrison v. Byrd
  765 F.2d 501· 5th Cir.· 1985-07-15 ·cited 22×
  The court held that the district court abused its discretion in denying the plaintiff's Rule 60(b) motion because it overlooked a timely filed affidavit that raised a material issue of fact regarding excessive force.
• Hattie M. Trigg v. Fort Wayne Cmty. Schs.
  766 F.2d 299· 7th Cir.· 1985-06-25 ·cited 22×
  A public sector employee can sue their state government employer for Fourteenth Amendment violations under 42 U.S.C. § 1983, independent of Title VII's administrative exhaustion requirements.
• Nash v. The Consol. City OF Jacksonville
  763 F.2d 1393· 11th Cir.· 1985-06-25 ·cited 22×
  A Black firefighter challenged his non-promotion to lieutenant based on a written examination under Title VII's disparate impact theory. The district court found the test was job-related and business necessary, but the Eleventh Circuit reversed as clearly erroneous because the tr
• Gale v. Dick Moore
  763 F.2d 341· 8th Cir.· 1985-05-31 ·cited 22×
  The court held that while the district court did not err in dismissing the complaint as frivolous, the dismissal should be without prejudice to allow for new actions based on subsequent parole board actions.
• GAY v. Wall
  761 F.2d 175· 4th Cir.· 1985-05-08 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that the district court abused its discretion by converting a motion to dismiss into a motion for summary judgment without providing the plaintiff reasonable opportunity for discovery. The court also held that the plaintiff's claim of detention despite actual knowl
• L.D. Hilliard v. Bd. OF Pardons & Paroles
  759 F.2d 1190· 5th Cir.· 1985-04-08 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that a prisoner has no constitutionally protected interest in the expectancy of release on parole under Texas law, and thus cannot state a claim for denial of due process or equal protection based on parole denials.
• Marchese v. Lucas
  758 F.2d 181· 6th Cir.· 1985-04-03 ·cited 22×
  The court held that a sheriff and county can be liable under 42 U.S.C. § 1983 for a prisoner's injuries resulting from excessive force if such injuries were inflicted pursuant to an official policy or custom of failing to train, discipline, or investigate misconduct.
• Venen v. Honorable Charles C. Sweet
  758 F.2d 117· 3d Cir.· 1985-03-29 ·cited 22×
  A district court is divested of jurisdiction over aspects of a case involved in an appeal, and cannot grant a motion for reconsideration while the appeal is pending, unless specific exceptions apply.
• Merwine v. Bd. OF Trs. FOR State Insts. OF Higher Learning
  754 F.2d 631· 5th Cir.· 1985-03-08 ·cited 22×
  The court held that the magistrate properly granted judgment notwithstanding the verdict because the plaintiff failed to establish a prima facie case of sex discrimination and the ALA-MLS degree requirement was a justified business necessity.
• Reuben Palmer v. City OF Chicago
  755 F.2d 560· 7th Cir.· 1985-02-15 ·cited 22×
  The court held that the plaintiffs have standing to seek preliminary injunctive relief to preserve evidence, and that principles of comity and the Younger doctrine do not bar such relief.
• Hayes v. A.L. Lockhart
  754 F.2d 281· 8th Cir.· 1985-02-08 ·cited 22×
  The court held that while the prisoner received adequate due process regarding administrative segregation, the district court erred in dismissing the claim for meritorious good time earned in another state.
• Lataille v. Ponte
  754 F.2d 33· 1st Cir.· 1985-02-06 ·cited 22×
  The past disciplinary record of a prisoner is inadmissible in a 42 U.S.C. § 1983 suit against corrections officers if its sole purpose is to show the prisoner acted in conformity with past violent behavior.
• Cunningham v. The City OF McKEESPORT
  753 F.2d 262· 3d Cir.· 1985-01-15 ·cited 22×
  The court held that the trial court erred in reducing the lodestar hours, applying a rate other than the attorneys' normal billing rate, and applying a negative multiplier without sufficient record basis or proper legal grounds.
• Santiago v. Victim Servs. Agency of the Metro. Assistance Corp.
  753 F.2d 219· 2d Cir.· 1985-01-11 ·cited 22×
  The district court lacked jurisdiction to award attorney's fees after the plaintiffs filed a notice of dismissal under Fed.R.Civ.P. 41(a)(1)(i) before the defendants filed an answer or summary judgment motion.
• Lebron v. Wash. Metro. Area Transit Auth.
  749 F.2d 893· D.C. Cir.· 1984-12-14 ·cited 22×
  The court held that WMATA's refusal to lease display space for a political poster based on its perceived deceptiveness constituted an unconstitutional prior restraint on speech.
• Conway v. The Vill. OF Mount Kisco
  750 F.2d 205· 2d Cir.· 1984-12-11 ·cited 22×
  The court held that the statute of limitations did not bar the malicious prosecution claim, and that the dismissal of claims against the Martabanos, Bano Buick, and Vincent Cerbone in his individual capacity should be reversed, while affirming dismissals against the Village of Mo
• Briggs v. Malley
  748 F.2d 715· 1st Cir.· 1984-11-19 ·cited 22×
  The court held that the magistrate's authorization does not cure an officer's objectively unreasonable belief in probable cause, and such conduct can lead to personal liability.
• Hanrahan v. Lane
  747 F.2d 1137· 7th Cir.· 1984-10-30 ·cited 22×·via 42 U.S.C. § 1983 Action
  The court held that while a prisoner's Fourth Amendment claim regarding cell searches is barred, the claim that he was denied due process by not receiving a statement of evidence relied upon for a guilty finding states a claim upon which relief can be granted.
• Razatos v. The Colo. Supreme Court
  746 F.2d 1429· 10th Cir.· 1984-10-29 ·cited 22×
  The court held that the district court had subject matter jurisdiction over the due process claim and that the Colorado attorney disciplinary scheme does not violate due process, even when credibility is at issue, because the Supreme Court retains ultimate review power and discre