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

• Susan and Reggie Griffith v. Marlin Johnston
  899 F.2d 1427· 5th Cir.· 1990-05-04 ·cited 18×
  The court held that the appellants failed to allege a constitutionally sufficient liberty or property interest abridged by the TDHS, and thus affirmed the district court's dismissal of the constitutional claims.
• Hale v. Fish
  899 F.2d 390· 5th Cir.· 1990-04-30 ·cited 18×
  The court held that the district court correctly analyzed Section 1983 liability, qualified immunity, and the liability of specific agents, affirming the liability phase and modifying the attorney fees award.
• John v. Honorable Michael J. Barron
  897 F.2d 1387· 7th Cir.· 1990-03-08 ·cited 18×
  The court held that appellate jurisdiction for Rule 11 sanctions is lacking if the amount of fees is not determined, that judicial immunity shields a state judge from damages for acts within jurisdiction, and that appeals with perfunctory briefs are dismissed.
• D.T. v. Indep. Sch. Dist. NO. 16 OF Pawnee Cnty.
  894 F.2d 1176· 10th Cir.· 1990-01-25 ·cited 18×
  The court held that the jury's finding of deliberate indifference and causation was supported by sufficient evidence, allowing the case to proceed.
• Santiago v. Lane
  894 F.2d 218· 7th Cir.· 1990-01-23 ·cited 18×
  The court held that a genuine issue of material fact exists regarding whether prison officials were deliberately indifferent to an inmate's safety, precluding summary judgment on some counts. However, summary judgment was affirmed on other counts where no such issue was found.
• Geitz v. Lindsey
  893 F.2d 148· 7th Cir.· 1990-01-19 ·cited 18×
  The court held that the trial court did not abuse its discretion in admitting limited evidence of the plaintiff's pending charges and prior convictions to show the defendants' state of mind and the reasonableness of their actions.
• Wells v. Brown
  891 F.2d 591· 6th Cir.· 1989-12-12 ·cited 18×
  The court held that plaintiffs' complaint did not sufficiently allege that state officials were sued in their individual capacities for damages, thus failing to establish federal jurisdiction under the Eleventh Amendment.
• Heath v. DE Courcy
  888 F.2d 1105· 6th Cir.· 1989-11-03 ·cited 18×
  The court held that a more flexible standard than the "grievous wrong" test from United States v. Swift & Co. applies to modifying consent decrees in institutional reform litigation, allowing modification when it furthers the original purpose more efficiently.
• Royce Calvin Sands, II v. Lewis
  886 F.2d 1166· 9th Cir.· 1989-09-29 ·cited 18×
  The court held that a prisoner's claim of denial of access to courts requires alleging an "actual injury" unless the claim concerns the adequacy of law libraries or legal assistance. The court also held that a prison's rule limiting typewriter memory capability does not violate a
• Moore v. The City OF Kilgore
  877 F.2d 364· 5th Cir.· 1989-07-18 ·cited 18×
  The court held that firefighter Gary Moore's statements to the media regarding fire department staffing shortages constituted speech on a matter of public concern, and the City of Kilgore's interest in efficient operation did not outweigh Moore's First Amendment rights. The court
• Frazier v. King
  873 F.2d 820· 5th Cir.· 1989-05-30 ·cited 18×
  The majority found that neither federal nor state claim preclusion rules barred the plaintiff's § 1983 claim. The dissenting judge disagreed with the suggestion that a federal claim preclusion rule could apply.
• Gilpin v. Am. Fed'n OF State, Cnty., & Mun. Emps., AFL-CIO
  875 F.2d 1310· 7th Cir.· 1989-05-24 ·cited 18×
  The court held that the plaintiffs failed to demonstrate harm from the union's inadequate notices regarding agency fees, and thus were not entitled to restitution or punitive damages. Class certification was also denied due to a conflict of interest.
• Pleasant v. Lovell
  876 F.2d 787· 10th Cir.· 1989-05-16 ·cited 18×
  The court held that the determination of whether an individual acted as a government agent for Section 1983 purposes, when credibility is not at issue, is a question of law for the court, not the jury.
• Erwin v. Cnty. OF Manitowoc
  872 F.2d 1292· 7th Cir.· 1989-04-19 ·cited 18×
  The court held that the confusing jury verdict and inconsistent findings necessitated a new trial for all parties.
• Byron v. Clay
  867 F.2d 1049· 7th Cir.· 1989-02-14 ·cited 18×
  The First Amendment does not protect a 'ghost employee' from being fired for political reasons, especially when reinstatement would violate state criminal law and mock the amendment's purpose.
• Bartholomew J. Lawson and Nancy L. Lester v. Abrams
  863 F.2d 260· 2d Cir.· 1988-12-20 ·cited 18×
  The court held that the appeal from the district court's order granting leave to amend the complaint and denying a motion to dismiss based on absolute immunity was premature and dismissed for lack of appellate jurisdiction.
• Sewell v. Jefferson Cnty. Fiscal Court
  863 F.2d 461· 6th Cir.· 1988-12-19 ·cited 18×
  The court held that the plaintiff did not waive her right to a jury trial on her section 1981 and 1983 claims, as the waiver was not clear, knowing, or voluntary.
• Hernandez v. Denton
  861 F.2d 1421· 9th Cir.· 1988-11-23 ·cited 18×
  A district court may dismiss a pro se in forma pauperis complaint as frivolous only if it lacks any "arguable substance in law or fact," and cannot dismiss based on credibility determinations of the allegations.
• Lokmar Yazid Abdul-Wadood v. Duckworth
  860 F.2d 280· 7th Cir.· 1988-10-24 ·cited 18×
  The court held that the restrictions placed on the inmate were a necessary emergency response to an escape attempt, not disciplinary action, and thus did not violate due process. Damages claims were properly dismissed due to lack of personal involvement and failure to properly pl
• Common v. Investigator Willie J. Williams and Phillip T. Hardiman
  859 F.2d 467· 7th Cir.· 1988-09-29 ·cited 18×
  The court held that the plaintiff failed to establish a constitutionally protected property interest in continued employment because she did not complete her probationary period under Illinois law, and thus, her procedural due process claim failed.
• Rust v. Grammer
  858 F.2d 411· 8th Cir.· 1988-09-28 ·cited 18×
  The court held that the prison lockdown was a legitimate security measure, not a disciplinary action, and therefore did not violate state-created liberty interests or the Eighth Amendment's prohibition against cruel and unusual punishment.
• Belk v. Town OF Minocqua
  858 F.2d 1258· 7th Cir.· 1988-09-27 ·cited 18×
  A public employee's threatened grievance is protected under the First Amendment if its content, form, and context address a matter of public concern, even if motivated by personal dissatisfaction.
• Nikki Lieberman v. Reisman
  857 F.2d 896· 2d Cir.· 1988-09-15 ·cited 18×
  Unfavorable action against a public employee based on political affiliation, even if not a discharge, can give rise to a constitutional claim under 42 U.S.C. § 1983.
• Napier v. Thirty OR More Unidentified Federal Agents
  855 F.2d 1080· 3d Cir.· 1988-08-31 ·cited 18×
  The court held that the district court's order determining sanctions liability was not appealable until the amount was fixed, and that the appeal was timely. The court affirmed the dismissal of the complaint on multiple grounds but remanded the sanctions award to the American Leg
• Coen v. Runner
  854 F.2d 374· 10th Cir.· 1988-08-16 ·cited 18×
  Government officials are entitled to qualified immunity when their actions do not violate clearly established law and are objectively reasonable, even if a subsequent judicial determination finds no probable cause for an arrest warrant.
• Reuben Setliff, M.D. v. Mem'l Hosp. OF Sheridan Cnty.
  850 F.2d 1384· 10th Cir.· 1988-07-01 ·cited 18×
  The court held that summary judgment was properly granted because the plaintiff failed to present sufficient evidence to establish a genuine issue of material fact regarding his First Amendment retaliation claim and his due process claims.
• Hensley v. Wilson
  850 F.2d 269· 6th Cir.· 1988-06-20 ·cited 18×
  Prison officials are entitled to qualified immunity from damages claims because the law regarding independent assessment of confidential informant reliability was not clearly established at the time of the disciplinary hearings. However, injunctive relief is appropriate where dis
• Young v. Grady B. Lynch
  846 F.2d 960· 4th Cir.· 1988-05-20 ·cited 18×
  The court held that it has jurisdiction to hear an interlocutory appeal from the denial of qualified immunity even when the plaintiff also seeks injunctive relief, and that the prison officials were entitled to qualified immunity from damages.
• Williams v. Hepting
  844 F.2d 138· 3d Cir.· 1988-04-18 ·cited 18×
  Witnesses are entitled to absolute immunity for testimony given at pretrial hearings, and federal courts should stay, rather than dismiss, civil rights claims for damages that cannot be redressed in ongoing state proceedings.
• Eilrich v. Remas
  839 F.2d 630· 9th Cir.· 1988-02-17 ·cited 18×
  Collateral estoppel bars a federal civil rights claim if the same issues were resolved in a prior administrative proceeding that would be given preclusive effect under state law, even if that proceeding was not judicially reviewed.
• The Daily Herald Co. v. Munro
  838 F.2d 380· 9th Cir.· 1988-02-02 ·cited 18×
  The Washington statute restricting exit polls violates the First Amendment by encroaching on traditional public forums and limiting the media's access to information crucial for public debate.
• Lion Boulos v. Wilson
  834 F.2d 504· 5th Cir.· 1987-12-23 ·cited 18×
  An order compelling limited discovery, necessary to rule on a qualified immunity claim that turns on factual disputes, is not immediately appealable under the collateral order doctrine.
• Chauncey Marvin Holt v. Castaneda
  832 F.2d 123· 9th Cir.· 1987-11-06 ·cited 18×
  A police officer who gives perjurious testimony during adversarial pretrial proceedings in a criminal matter is entitled to absolute witness immunity from liability under 42 U.S.C. § 1983.
• Ivey v. Wilson
  832 F.2d 950· 6th Cir.· 1987-11-04 ·cited 18×
  The court held that the evidence was sufficient to satisfy the 'some evidence' standard for due process, and therefore the finding of guilt did not violate due process.
• McNEIL v. Lowney
  831 F.2d 1368· 7th Cir.· 1987-10-20 ·cited 18×
  The court held that the district court did not abuse its discretion in denying the inmate's motions for appointment of counsel and for the issuance of subpoenas to compel physician testimony.
• Odessa L. Reeves v. Claiborne Cnty. Bd. OF Educ.
  828 F.2d 1096· 5th Cir.· 1987-10-05 ·cited 18×·via 42 U.S.C. § 1983 Liability
  The court held that a public employee's truthful testimony in a civil lawsuit, even if neutral, constitutes protected speech under the First Amendment, and retaliation for such testimony warrants back pay and reinstatement.
• Baja Contractors, Inc. v. The City OF Chicago
  830 F.2d 667· 7th Cir.· 1987-09-16 ·cited 18×
  The court held that the district court erred in granting a preliminary injunction because Baja did not demonstrate a likelihood of success on the merits, specifically lacking a protected property interest in MBE certification as a concrete supplier.
• Garionis v. Newton
  827 F.2d 306· 8th Cir.· 1987-08-21 ·cited 18×
  The court held that the officers were entitled to qualified immunity because they had probable cause to arrest the plaintiff, and therefore his constitutional rights were not violated.
• Hagge v. Bauer
  827 F.2d 101· 7th Cir.· 1987-08-17 ·cited 18×
  The court affirmed the district court's judgment, finding that the trial court's factual findings regarding the cause of the plaintiff's injuries were not clearly erroneous, despite the conflicting testimony and the appellants' arguments about physical impossibility.
• Peery v. Verne Brakke
  826 F.2d 740· 8th Cir.· 1987-08-12 ·cited 18×
  The court held that the district court erred in granting judgment notwithstanding the verdict because the employee did not receive adequate procedural due process prior to termination. The court also held that the governing Supreme Court decision applied retroactively and that th
• Wolfenbarger v. Clancy Williams
  826 F.2d 930· 10th Cir.· 1987-08-03 ·cited 18×
  The court held that the defendants should have known that the law did not permit them to seize property from a pawn shop owner and turn it over to the true owner without affording the owner due process, and that the seizure of stereo items without a warrant violated clearly estab
• Lightfoot v. Walker
  826 F.2d 516· 7th Cir.· 1987-07-24 ·cited 18×
  The court affirmed the district court's award of attorney's fees, finding the hours expended and hourly rates reasonable given the complexity of the litigation and the state's resistance.
• Black LAW Enf't Officers Ass'n v. The City OF Akron
  824 F.2d 475· 6th Cir.· 1987-07-22 ·cited 18×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction allowing temporary promotions based on a revised ranking, but erred in using the statute of limitations to bar evidence of past discriminatory actions.
• Ellena Harris v. City OF Pagedale
  821 F.2d 499· 8th Cir.· 1987-06-17 ·cited 18×
  The court held that the evidence supported the jury's finding of a municipal custom of deliberate indifference to police misconduct, and that this custom proximately caused the plaintiff's assault, establishing municipal liability under 42 U.S.C. § 1983.
• Arline M. Soderbeck v. Burnett Cnty.
  821 F.2d 446· 7th Cir.· 1987-06-15 ·cited 18×
  The court held that the county is not liable for the sheriff's actions because the sheriff is considered a state officer under Wisconsin law, not a county policymaker, and prior rulings established this precedent.
• Fontano v. City OF Chicago
  820 F.2d 213· 7th Cir.· 1987-05-14 ·cited 18×
  The court held that the plaintiff did not possess a constitutionally protected property interest in his continued employment as a probationary employee, and thus failed to state a due process claim.
• Dace v. Mickelson
  816 F.2d 1277· 8th Cir.· 1987-04-28 ·cited 18×
• Nash v. Auburn Univ.
  812 F.2d 655· 11th Cir.· 1987-03-16 ·cited 18×
  The court held that the students received constitutionally adequate notice and hearing procedures, and that the evidence supported the finding of academic dishonesty.
• Brennan v. Cunningham
  813 F.2d 1· 1st Cir.· 1987-03-03 ·cited 18×
  A prisoner's revocation from a work release program, which is closely tied to parole and offers a measure of liberty beyond incarceration, implicates a liberty interest protected by due process. The revocation must be based on specific grounds outlined in state regulations and su
• Palmer v. City OF SAN Antonio
  810 F.2d 514· 5th Cir.· 1987-02-23 ·cited 18×
  The court held that the district court erred in dismissing the claims against the individual officers in their individual capacities, but correctly dismissed the claim against the city due to insufficient allegations of policy or custom.