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

• Umphlet v. Connick
  815 F.2d 1061· 5th Cir.· 1987-05-06 ·cited 20×
  The court held that Louisiana's 'B-girl' statute does not violate equal protection, due process, or First Amendment rights, and is not unconstitutionally vague or overbroad.
• Skevofilax v. Sergeant William Quigley
  810 F.2d 378· 3d Cir.· 1987-01-22 ·cited 20×
  The court held that the district court properly exercised ancillary jurisdiction over the police officers' indemnification claim against the township under Rule 69.
• Nagle v. LEE
  807 F.2d 435· 5th Cir.· 1987-01-08 ·cited 20×
  The court held that the dismissal of the first suit for failure to prosecute was an adjudication on the merits under Rule 41(b), barring the second suit against Sheriff Lee, but not against officers Laura and Montecino who were not parties to the first suit.
• Scarpa v. Murphy
  806 F.2d 326· 1st Cir.· 1986-12-05 ·cited 20×
  The court held that the district court's findings of fact were not clearly erroneous, and the officers used reasonable force in subduing the plaintiff.
• Daniels v. Bd. OF Educ. OF the Ravenna City Sch. Dist.
  805 F.2d 203· 6th Cir.· 1986-11-17 ·cited 20×
  The court held that the district court did not err in finding that plaintiffs failed to establish their claim of racial discrimination under the disparate treatment theory and did not abuse its discretion in declining to consider the disparate impact theory.
• Major Nelson Sebra v. Neville
  801 F.2d 1135· 9th Cir.· 1986-10-03 ·cited 20×
  The court held that the district court did not err in dismissing the claim against Neville, denying the preliminary injunction, or granting summary judgment for Shank and Thrasher, as Sebra's claims were not justiciable under the Mindes test for military disputes.
• Shelby Cnty. Jail Inmates v. Westlake
  798 F.2d 1085· 7th Cir.· 1986-08-20 ·cited 20×
  The court held that the jury's verdict in favor of the defendants was supported by a reasonable basis in the record, and that the trial court did not err in its jury instructions or its handling of equitable claims.
• Vandenplas v. City OF Muskego
  797 F.2d 425· 7th Cir.· 1986-07-25 ·cited 20×
  The court held that the district court abused its discretion in finding the plaintiffs' § 1983 claims frivolous, thus reversing the award of attorneys' fees.
• Quinones v. Durkis
  638 F. Supp. 856· S.D. Fla.· 1986-06-25 ·cited 20×
  The court held that the plaintiffs' amended complaint sufficiently stated claims under 42 U.S.C. § 1983 against both defendants, as well as pendent state law claims, and therefore denied the defendants' motions to dismiss.
• Huron Valley Hosp., Inc. v. City OF Pontiac
  792 F.2d 563· 6th Cir.· 1986-05-30 ·cited 20×·via Violation Of 42 U.S.C. § 1983
  The denial of qualified immunity is immediately appealable under the collateral order doctrine, but the denial of the state action antitrust exemption is not. The court affirmed the denial of qualified immunity.
• Burton v. Livingston
  791 F.2d 97· 8th Cir.· 1986-05-08 ·cited 20×
  The court held that a prisoner's allegations of a guard threatening him with instant death, accompanied by racial epithets, state a claim cognizable under 42 U.S.C. § 1983, even without physical injury.
• Ishmael Muslim ALI v. Sims
  788 F.2d 954· 3d Cir.· 1986-04-21 ·cited 20×
  The court held that the district court abused its discretion by imposing severe sanctions under Fed.R.Civ.P. 37, which led to a grant of partial summary judgment, and that the plaintiff's fugitive status precludes him from seeking a new trial.
• Exeter-West Greenwich Reg'l Sch. Dist. v. Pontarelli
  788 F.2d 47· 1st Cir.· 1986-04-04 ·cited 20×
  The court held that attorney's fees under 42 U.S.C. § 1988 can be awarded for work done on a state-law issue certified to a state supreme court, even if the federal § 1983 claim is dismissed as moot, and that the Eleventh Amendment does not bar such an award.
• Marcel Janan v. Nevin C. Trammell
  785 F.2d 557· 6th Cir.· 1986-03-11 ·cited 20×
  The court held that the parole board's actions were too remote from the victim's death to establish a constitutional deprivation under 42 U.S.C. § 1983.
• Perrin v. Donnie Anderson and Roland Von Schriltz
  784 F.2d 1040· 10th Cir.· 1986-02-27 ·cited 20×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that evidence of prior violent encounters was admissible as habit evidence, and a report by the Shooting Review Board was admissible under the public records exception to the hearsay rule. Remarks about personal liability were permissible due to the claim for punit
• Lemuel Cannon, Jr. v. Taylor
  782 F.2d 947· 11th Cir.· 1986-02-20 ·cited 20×
  A person injured in an automobile accident caused by a police officer's negligent operation of a vehicle does not have a section 1983 cause of action for violation of a federal right, as such negligence does not rise to the level of a constitutional deprivation.
• Thomas v. Booker
  784 F.2d 299· 8th Cir.· 1986-02-14 ·cited 20×
  The court held that the jury improperly apportioned indivisible actual damages among defendants, requiring vacation of the award and remand for a new trial on actual damages.
• Lovell v. City OF Kankakee
  783 F.2d 95· 7th Cir.· 1986-02-11 ·cited 20×
  The court held that the district court abused its discretion in denying attorney's fees because the plaintiffs were prevailing parties, as their lawsuit was causally linked to the defendants' stipulation not to enforce the sign ordinance.
• Washington v. James
  782 F.2d 1134· 2d Cir.· 1986-02-03 ·cited 20×
  The court held that a pro se prisoner's complaint alleging intentional violation of his right to reasonable access to the courts and legal mail, including the unauthorized opening of outgoing legal mail, is sufficient to survive a motion to dismiss under Rule 12(b)(6).
• Stanford Williams v. City OF ST. Louis
  783 F.2d 114· 8th Cir.· 1986-01-29 ·cited 20×
  The court held that the district court erred in granting summary judgment sua sponte and on issues not properly raised, and that plaintiffs' substantive due process and equal protection claims are not barred by the adequacy of state remedies.
• Williams v. Smith
  781 F.2d 319· 2d Cir.· 1986-01-15 ·cited 20×
  The court held that a prisoner's claim against a correctional officer for filing a misbehavior report was properly dismissed, but the claim against the superintendent regarding the denial of the right to call witnesses raised a material issue of fact.
• Corbitt v. Andersen
  778 F.2d 1471· 10th Cir.· 1985-12-11 ·cited 20×
  The court held that there was sufficient evidence to support the jury's findings that the defendant violated the plaintiff's civil rights and tortiously interfered with his contracts, and that the action was not time-barred.
• Garcia v. Bd. OF Educ. OF the Socorro Consol. Sch. Dist.
  777 F.2d 1403· 10th Cir.· 1985-11-22 ·cited 20×
  The court held that the school board and its members in their official capacities are immune from suit under the Eleventh Amendment, and that the actual malice standard applies to defamation claims brought by public officials against non-media defendants.
• Leverett v. The City OF Pinellas Park
  775 F.2d 1536· 11th Cir.· 1985-11-15 ·cited 20×
  The court held that individual owners have standing to challenge ordinances on First Amendment overbreadth grounds, and that an ordinance prohibiting nude entertainment without sufficient factual basis or motivation is unconstitutional.
• West v. Love
  776 F.2d 170· 7th Cir.· 1985-10-30 ·cited 20×
  The court held that the admission of evidence regarding the plaintiff's confinement in a segregation unit and his disciplinary history was proper, and that a post-trial threat by an officer to a witness did not warrant relief from judgment.
• Donta v. Hooper
  774 F.2d 716· 6th Cir.· 1985-10-11 ·cited 20×
  The court held that the officers were entitled to qualified immunity for the arrest, but not for the seizure of firearms, and affirmed the directed verdict on the search.
• Franceski v. Plaquemines Parish Sch. Bd.
  772 F.2d 197· 5th Cir.· 1985-10-04 ·cited 20×
  The court held that the plaintiff received all constitutionally required process before termination, and therefore, her civil rights claim under 42 U.S.C. § 1983 was properly dismissed.
• Pruitt v. The City OF Montgomery
  771 F.2d 1475· 11th Cir.· 1985-09-24 ·cited 20×
  The court held that the use of deadly force against an unarmed, fleeing burglary suspect who posed no immediate threat was an unconstitutional seizure under the Fourth Amendment, affirming summary judgment for the plaintiff.
• de Arroyo v. Barcelo
  765 F.2d 275· 1st Cir.· 1985-06-26 ·cited 20×
  Plaintiffs who achieve a significant benefit through their lawsuit, even without a formal judgment or settlement, can be considered prevailing parties for attorney's fees under 42 U.S.C. § 1988 if the suit acted as a catalyst for the defendants' actions.
• Chandler v. Coughlin
  763 F.2d 110· 2d Cir.· 1985-05-30 ·cited 20×
  The court held that the district court improperly dismissed the complaint for failure to state a claim by relying on matters outside the pleadings without proper notice and by failing to require a sufficient affidavit.
• Heller v. Bushey
  759 F.2d 1371· 9th Cir.· 1985-05-01 ·cited 20×
  The jury's verdict for the arresting officer does not preclude claims against municipal entities based on policy or custom, nor does it preclude claims against individual officials who may have authorized unconstitutional conduct.
• Blanton v. Griel Mem'l Psychiatric Hosp.
  758 F.2d 1540· 11th Cir.· 1985-04-29 ·cited 20×
  A probationary state employee does not possess a constitutionally protected property interest in their employment and is not entitled to due process protections upon termination.
• Patterson v. Twp. OF Grand Blanc
  760 F.2d 686· 6th Cir.· 1985-04-24 ·cited 20×·via 42 U.S.C. § 1983 Action
  The court held that dismissing a plaintiff's case with prejudice due to counsel's repeated failures to comply with court orders, without considering alternative sanctions, constituted an abuse of discretion.
• Conway v. The Vill. OF Mount Kisco
  758 F.2d 46· 2d Cir.· 1985-03-15 ·cited 20×
  The court reaffirmed its prior judgment, holding that the plaintiff's claims against Cerbone were not waived and were legally sufficient under § 1983.
• Selwyn A. Robinson v. Ariyoshi
  753 F.2d 1468· 9th Cir.· 1985-02-20 ·cited 20×
  A state cannot divest vested property rights through a judicial decision without just compensation, even if the decision changes established law.
• Glennon Hoppins v. Governor George C. Wallace
  751 F.2d 1161· 11th Cir.· 1985-01-28 ·cited 20×
  The court held that a prison policy providing indigent inmates with two free stamps per week is constitutionally adequate to ensure access to the courts.
• Luvinia Alexander v. Louis Polk, M.D.
  750 F.2d 250· 3d Cir.· 1984-12-17 ·cited 20×
  The court held that the City violated notice and hearing requirements under regulations, stating a claim under section 1983.
• Raley v. Fraser
  747 F.2d 287· 5th Cir.· 1984-11-26 ·cited 20×
  A plaintiff who loses on a Section 1983 claim, even if successful on a pendent state law claim, is not a prevailing party entitled to attorney's fees under 42 U.S.C. § 1988.
• Freeman v. Hittle
  747 F.2d 1299· 9th Cir.· 1984-11-23 ·cited 20×
  A 54(b) certification entered after a premature notice of appeal can validate the appeal if neither party is prejudiced. The court also found no due process violation in the denial of liquor permits and no violation of the right to free association regarding membership disclosure
• Simmons v. Lyons
  746 F.2d 265· 5th Cir.· 1984-11-12 ·cited 20×
  The court held that the § 1983 claims were properly dismissed as plaintiffs failed to apply for re-appointment, but the Title VII claims of two female plaintiffs alleging sexual harassment should be remanded for further proceedings.
• Ophine Giles v. Ireland
  742 F.2d 1366· 11th Cir.· 1984-10-01 ·cited 20×
  The court held that the trial court did not err in its findings regarding underpayment and denial of promotions, but vacated and remanded for resolution of two remaining facets of the discrimination claim.
• Aniedi Abasiekong v. City OF Shelby & David Wilkison
  744 F.2d 1055· 4th Cir.· 1984-09-27 ·cited 20×
  The court held that the jury verdict for the plaintiff was supported by sufficient evidence of racial discrimination and that the district court erred in granting judgment notwithstanding the verdict and a new trial.
• Aminta Flores v. Edinburg Consol. Indep. Sch. Dist.
  741 F.2d 773· 5th Cir.· 1984-09-17 ·cited 20×
  The court held that the plaintiff failed to establish that the injury resulted from an official policy, custom, or practice of the school district, thus reversing the district court on the section 1983 claim.
• Curl v. Reavis
  740 F.2d 1323· 4th Cir.· 1984-08-01 ·cited 20×
  The court held that a deputy sheriff can be an employee under Title VII, and that a plaintiff who accepted one denied position did not waive her right to be instated in another denied position based on a separate violation.
• Kendrick v. Bland
  740 F.2d 432· 6th Cir.· 1984-07-27 ·cited 20×
  The court held that the district court exceeded its authority by imposing an overly intrusive remedy that disqualified specific officers without sufficient individualized findings and in light of the parties' prior cooperation and consent decree.
• Osborne v. Emory Folmar
  735 F.2d 1316· 11th Cir.· 1984-07-06 ·cited 20×
  A plaintiff may challenge a pardon or parole decision on equal protection grounds even if they lack a liberty interest for a due process claim.
• Solis v. RIO Grande City Indep. Sch.
  734 F.2d 243· 5th Cir.· 1984-06-18 ·cited 20×
  The court held that the trial court erred by failing to submit the second prong of the Mt. Healthy test to the jury, requiring a new trial. The court also found insufficient evidence to support the jury's verdict against one defendant.
• Tate v. Frey
  735 F.2d 986· 6th Cir.· 1984-06-01 ·cited 20×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against state corrections officials, as the injunction was based on federal constitutional violations and not solely state law, thus avoiding Eleventh Amendment concerns raise
• Walsh v. Lou V. Brewer
  733 F.2d 473· 7th Cir.· 1984-05-03 ·cited 20×
  The court held that the district court's finding that prison officials would not have been alerted to the danger of placing Lee with another inmate was not clearly erroneous, but vacated and remanded the decision regarding two officials for further consideration of whether their
• Hughes v. Chesser
  731 F.2d 1489· 11th Cir.· 1984-04-30 ·cited 20×
  A state probation officer is entitled to absolute immunity from civil damages when preparing and submitting a presentence report.