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

• Alleghany Corp. v. Haase
  896 F.2d 1046· 7th Cir.· 1990-02-21 ·cited 20×
  State administrative agencies cannot concede immunity from federal law; they must comply with federal law and the Constitution without waiting for a judicial order.
• Mary Marie Faucher, M.D., & Milstead Anesthesia, P.C. v. Thomas L. Rodziewicz, M.D.
  891 F.2d 864· 11th Cir.· 1990-01-09 ·cited 20×
  The court held that the hospital and its officials did not deprive Dr. Faucher of constitutionally protected liberty or property interests without due process of law, and thus affirmed the grant of summary judgment.
• Francis v. Coughlin
  891 F.2d 43· 2d Cir.· 1989-12-04 ·cited 20×
  The court held that an inmate has a clearly established constitutional right to a hearing before an unbiased officer and to be informed of and comment on adverse evidence, but not a right to be present during the testimony of witnesses.
• Mann v. City OF Albany
  883 F.2d 999· 11th Cir.· 1989-09-15 ·cited 20×
  The court held that res judicata does not bar Mann's claim and vacated the district court's summary judgment, remanding for further proceedings considering City of Richmond v. J.A. Croson Co.
• Earnestine Hill v. McINTYRE
  884 F.2d 271· 6th Cir.· 1989-09-08 ·cited 20×
  The court held that a genuine issue of fact existed regarding whether the officer obtaining the warrant acted with reckless disregard for the truth, requiring a jury trial. It also held that the manner of executing the search warrant presented factual issues for a jury.
• Green v. LOS Angeles Cnty. Superintendent OF Schs.
  883 F.2d 1472· 9th Cir.· 1989-08-30 ·cited 20×
  The court held that a state agency's waiver of its exclusive processing period in a worksharing agreement with the EEOC is self-executing, making a charge filed with the state agency constructively filed with the EEOC on that date. The court also held that a plaintiff's § 1983 cl
• Revene v. Charles Cnty. Comm'rs
  882 F.2d 870· 4th Cir.· 1989-08-14 ·cited 20×
  The court held that the dismissal of the § 1983 claim and state law tort claim against the deputy sheriff in his individual capacity was error, but dismissal of claims against the Sheriff, Office of Sheriff, and County Commissioners was proper.
• Murray v. Silberstein
  882 F.2d 61· 3d Cir.· 1989-08-10 ·cited 20×
  The appeal is dismissed as moot because the appellant is judicially estopped from seeking damages after previously arguing that damages were unavailable and obtaining injunctive relief based on that argument.
• Lake Lucerne Civic Ass'n, Inc. v. Dolphin Stadium Corp.
  878 F.2d 1360· 11th Cir.· 1989-08-03 ·cited 20×
  The court held that the district court correctly applied res judicata and collateral estoppel to bar claims previously litigated in state courts, but that the zoning hearing itself lacked the procedural safeguards for administrative preclusion.
• England v. Hendricks
  880 F.2d 281· 10th Cir.· 1989-07-21 ·cited 20×
  The court held that officers Hendricks and Groll were entitled to qualified immunity because the law regarding charging store owners as aiders and abettors was not clearly established. The court also held that prosecutor Gunnell was entitled to absolute immunity for initiating th
• Idris Ibrahim Siddiqi v. Leak
  880 F.2d 904· 7th Cir.· 1989-07-12 ·cited 20×
  The court held that the jury's verdict was supported by sufficient evidence and that the district court did not commit reversible error by failing to inform counsel of the precise jury instructions prior to closing arguments.
• Easter House v. Felder
  879 F.2d 1458· 7th Cir.· 1989-07-11 ·cited 20×
  The Constitution does not require a hearing before the state may suspend a license if the state provides adequate post-deprivation remedies.
• Foster v. Bd. OF Sch. Comm'rs OF Mobile Cnty.
  872 F.2d 1563· 11th Cir.· 1989-05-23 ·cited 20×
  The court held that denying Title VII relief based on another class member being more qualified is not a lawful reason and undermines the purpose of Title VII class actions.
• Johnson-El v. Schoemehl
  878 F.2d 1043· 8th Cir.· 1989-05-22 ·cited 20×
  The court held that the denial of qualified immunity is an immediately appealable collateral order, but mootness is not. The court affirmed the magistrate's denial of qualified immunity for most defendants, finding the alleged conditions violated clearly established law, but gran
• Eddy v. City of Miami
  715 F. Supp. 1553· S.D. Fla.· 1989-05-16 ·cited 20×
  The court held that claims against Mayor Suarez and the Police Department were properly dismissed, but claims against the City of Miami and Chief Anderson could proceed. State law claims were dismissed for insufficient notice.
• Arlen Yalkut v. Augie Gemignani and Myron Gold
  873 F.2d 31· 2d Cir.· 1989-04-18 ·cited 20×
  Federal agents are immune from state law tort claims under the Federal Employees Liability Reform and Tort Compensation Act and from federal civil rights claims because no clearly established constitutional right was violated.
• Earle A. Partington v. Gedan
  880 F.2d 116· 9th Cir.· 1989-03-13 ·cited 20×
  The court concurred that the Hawaii Supreme Court should be allowed to determine its own justices' impartiality, as prior rulings do not automatically constitute disqualifying bias under federal law.
• Hammond v. Baldwin
  866 F.2d 172· 6th Cir.· 1989-01-18 ·cited 20×
  The court held that the Offutts' claims of bias and property damage were not ripe for judicial review because they had not exhausted state administrative remedies or obtained a final decision from the state agency.
• Jackson Warren v. City OF Lincoln
  864 F.2d 1436· 8th Cir.· 1989-01-04 ·cited 20×
  The dissenting judges argue that the majority erred by finding probable cause for arrest as a matter of law. They assert that probable cause in section 1983 actions is a question of fact for the jury, and that the majority's conclusion was inappropriate given the concessions made
• Spencer v. Bumyong LEE, M.D.
  864 F.2d 1376· 7th Cir.· 1989-01-03 ·cited 20×
  The court held that a physician's certification for involuntary commitment and a healthcare institution's holding of a patient against their will under Illinois law constitute state action, but the patient failed to join the physician as a party for the certification claim.
• Washington v. Dugger
  860 F.2d 1018· 11th Cir.· 1988-11-28 ·cited 20×
  The court held that summary judgment was improperly granted for some defendants, as there was sufficient evidence of deliberate indifference to the inmate's serious medical needs, but affirmed summary judgment for other defendants due to lack of evidence.
• Stoneking v. Bradford Area Sch. Dist.
  856 F.2d 594· 3d Cir.· 1988-09-12 ·cited 20×
  The court held that school officials owe a constitutional duty to investigate complaints and protect students from harm, and that this duty was clearly established at the time of the alleged wrongdoing.
• Roland v. Johnson
  856 F.2d 764· 6th Cir.· 1988-09-09 ·cited 20×
  The court held that the district court erred in granting summary judgment because genuine issues of material fact existed regarding the defendants' deliberate indifference to the plaintiff's safety.
• LaSALLE Nat'l Bank OF Chicago under Trs. Numbered 40244 v. The Cnty. OF DuPAGE
  856 F.2d 925· 7th Cir.· 1988-09-08 ·cited 20×
  The court held that the present federal action under 42 U.S.C. § 1983 is not barred by the prior Illinois state court judgment under the doctrine of res judicata because the two actions do not involve the same cause of action under Illinois law.
• Blaylock v. Schwinden
  856 F.2d 107· 9th Cir.· 1988-09-07 ·cited 20×
  The court held that a claim of mere negligence in administering a state workers' compensation act does not state a claim for relief under 42 U.S.C. § 1983, and the Eleventh Amendment bars suits seeking payment from the state treasury.
• Warren v. City of Tampa
  693 F. Supp. 1051· M.D. Fla.· 1988-08-08 ·cited 20×
  The court approved the settlement agreement and certified the class action, finding the settlement fair, adequate, and reasonable given the uncertainty of the litigation's outcome.
• Wells v. Woodson D. Walker
  852 F.2d 368· 8th Cir.· 1988-07-26 ·cited 20×
  The court held that ordinary negligence by government officials in releasing a prisoner does not constitute a "deprivation" of constitutional rights under 42 U.S.C. § 1983, even if the prisoner subsequently harms a third party.
• Freeze v. Griffith
  849 F.2d 172· 5th Cir.· 1988-07-11 ·cited 20×
  The court held that various officials were immune from liability under § 1983 and that the remaining claims were barred by prescription or lacked merit. The court also taxed costs against the appellant for frivolous appeals.
• Klein v. Ryan
  847 F.2d 368· 7th Cir.· 1988-05-16 ·cited 20×
  The court held that the officers were entitled to qualified immunity because, under the law at the time, a reasonable officer could have believed that the use of deadly force was necessary to prevent the escape of a fleeing burglary suspect.
• Forrester v. Judge Howard Lee White
  846 F.2d 29· 7th Cir.· 1988-05-05 ·cited 20×
  The court held that the trial judge did not abuse his discretion in granting a new trial because the jury verdict was against the weight of the evidence.
• Johnson v. Moral
  843 F.2d 846· 5th Cir.· 1988-05-02 ·cited 20×
• Ramsey v. Bd. OF Educ. OF Whitley Cnty.
  844 F.2d 1268· 6th Cir.· 1988-04-25 ·cited 20×
  The dissenting judge believes the majority erred in remanding the case to state court, arguing a cause of action for discriminatory conduct was stated.
• Rogers v. Bruntrager
  841 F.2d 853· 8th Cir.· 1988-03-14 ·cited 20×
  The court affirmed the dismissal of the 42 U.S.C. § 1983 complaint, finding that claims against public defenders fail to state a claim and claims against judges, prosecutors, and clerks are barred by absolute immunity.
• Martell E. Davis v. City OF Chicago
  841 F.2d 186· 7th Cir.· 1988-03-07 ·cited 20×
  The court held that the plaintiff failed to present sufficient evidence of a genuine issue of material fact regarding a long-standing custom or policy for for-cause dismissal of probationary employees.
• Williams v. Boles
  841 F.2d 181· 7th Cir.· 1988-03-02 ·cited 20×
  A litigant cannot appeal an instruction they proposed to the trial court, even if subsequent legal developments suggest the instruction was erroneous.
• Chisom v. Edwards
  839 F.2d 1056· 5th Cir.· 1988-02-29 ·cited 20×
  Section 2 of the Voting Rights Act applies to state judicial elections, and the plaintiffs' complaint sufficiently alleged discriminatory intent for their constitutional claims.
• Robinson v. Bibb
  840 F.2d 349· 6th Cir.· 1988-02-26 ·cited 20×
  A police officer cannot claim qualified immunity for using deadly force against a fleeing felon if the law regarding such force was clearly established by a circuit court decision, even if the officer was personally unaware of the decision.
• Freitas v. Warden Calvin Auger
  837 F.2d 806· 8th Cir.· 1988-01-26 ·cited 20×
  The court held that the notice provided to the inmate, the reliability of the confidential informants, and the sufficiency of the evidence were constitutionally adequate to support the disciplinary action.
• Conklin v. Lovely
  834 F.2d 543· 6th Cir.· 1987-12-03 ·cited 20×
• Kamleshwar Upadhya v. Langenberg
  834 F.2d 661· 7th Cir.· 1987-11-25 ·cited 20×
  The court denied the petition for rehearing, finding that the cited testimony did not alter the prior conclusion regarding the employment property interest.
• Austin v. Borel
  830 F.2d 1356· 5th Cir.· 1987-11-04 ·cited 20×
  Child protection workers are entitled to qualified, not absolute, immunity for filing a verified complaint seeking removal of children, as this function is analogous to a police officer seeking an arrest warrant, not a prosecutor initiating a criminal case.
• Spooner v. Dep't OF Corr.
  514 So. 2d 1077· Fla.· 1987-09-24 ·cited 20×
  The State of Florida has not waived its Eleventh Amendment and state common law immunity for suits against it and its agencies under 42 U.S.C. § 1983.
• Melendez v. Inclan
  826 F.2d 130· 1st Cir.· 1987-08-04 ·cited 20×
  The court held that the position of Regional Director of the GSA in Puerto Rico relates to partisan political interests and is a policymaking role, thus political affiliation is an appropriate requirement for the position.
• Gabor G. Kovats v. Rutgers
  822 F.2d 1303· 3d Cir.· 1987-06-30 ·cited 20×
  Rutgers is not an arm of the state for Eleventh Amendment immunity purposes because New Jersey has waived its sovereign immunity and Rutgers operates with significant independence.
• Bryan v. Johnson
  821 F.2d 455· 7th Cir.· 1987-06-17 ·cited 20×
  The court agrees that the case must be remanded, but the concurring opinion emphasizes concerns about partial fee plans and equal protection.
• Ayers Ratliff v. Wellington Exempted Vill. Schs. Bd. OF Educ.
  820 F.2d 792· 6th Cir.· 1987-06-10 ·cited 20×
  The court affirmed the denial of judgment notwithstanding the verdict but vacated the compensatory damages award, remanding for a new trial on damages due to an erroneous jury instruction.
• Coogan v. City OF Wixom
  820 F.2d 170· 6th Cir.· 1987-06-01 ·cited 20×
  The court held that the plaintiff failed to establish a claim for malicious prosecution, intentional infliction of emotional distress, or violations of constitutional rights under 42 U.S.C. § 1983, affirming the directed verdict.
• Kent v. Johnson
  821 F.2d 1220· 6th Cir.· 1987-05-18 ·cited 20×
  The court amended its prior opinion to apply the reasonable relationship standard from Turner and O'Lone, holding that the plaintiff's complaint, when construed liberally, was sufficient to withstand a motion to dismiss for failure to state a claim.
• Cincinnati Ins. Co. v. City OF Taylorville
  818 F.2d 1345· 7th Cir.· 1987-05-12 ·cited 20×
  The court held that the city did not assume a duty to fight the fire before the owner joined the association, nor did the city ordinances create a mandatory duty to provide fire protection to the property owner.
• Polykoff v. Collins
  816 F.2d 1326· 9th Cir.· 1987-05-07 ·cited 20×
  The court held that Arizona's interpretation of "prurient interest" in its obscenity statute, as reflected in the Bartanen jury instructions, does not unconstitutionally overreach protected speech, and that abstention doctrines were inapplicable.