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

• Fraternal Order OF Police v. City OF Philadelphia
  812 F.2d 105· 3d Cir.· 1987-02-17 ·cited 18×
  The court held that questions regarding medical history, financial status, gambling habits, alcohol consumption, and organizational memberships do not unconstitutionally impinge on police applicants' privacy rights when balanced against the state's interest in selecting qualified
• Bergren v. City OF Milwaukee
  811 F.2d 1139· 7th Cir.· 1987-02-11 ·cited 18×
  The court held that the officers had probable cause to arrest and detain the juvenile, and the conditions and duration of his confinement did not violate his constitutional rights.
• Franklyn H. Craft v. Wipf
  810 F.2d 170· 8th Cir.· 1987-01-26 ·cited 18×
  The court held that it has jurisdiction to hear an interlocutory appeal from a district court's denial of a motion for summary judgment based on qualified immunity, even if the district court failed to rule on the immunity issue itself. The case is remanded for the district court
• Coleman v. Smith
  814 F.2d 1142· 7th Cir.· 1987-01-20 ·cited 18×
  The court holds that the Village of Robbins is not liable for acts of its officials that are clearly outside the scope of their employment, distinguishing this case from prior precedent.
• Labov v. Lalley
  809 F.2d 220· 3d Cir.· 1987-01-16 ·cited 18×
  The court held that the district court erred in dismissing the complaints under Fed.R.Civ.P. 12(b)(6) based on the availability of state administrative remedies.
• Crump v. Lane
  807 F.2d 1394· 7th Cir.· 1986-12-19 ·cited 18×
  The court held that the plaintiff must exhaust state remedies for his habeas corpus petition, and his § 1983 claims are also barred because they are ancillary to his claim for release and would require a determination of the legality of his confinement.
• Cunningham v. The City OF McKEESPORT
  807 F.2d 49· 3d Cir.· 1986-12-12 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Action
  The court reinstated its prior order reversing the district court's judgment, finding that the Supreme Court's opinion in City of Riverside v. Rivera did not alter the prior panel's reasoning regarding attorney's fees.
• Washington v. Dist. OF Columbia
  802 F.2d 1478· D.C. Cir.· 1986-10-14 ·cited 18×
  The reckless failure of state officials to remedy unsafe prison conditions does not deprive a prison guard of a liberty interest secured by the Fourteenth Amendment, and thus is not actionable under 42 U.S.C. § 1983.
• Goff v. Crispus NIX
  803 F.2d 358· 8th Cir.· 1986-10-09 ·cited 18×
  The court held that visual body cavity searches of inmates, as part of a prison's security policy, do not violate the Fourth Amendment when the security needs outweigh the minimal intrusion on inmate privacy, and reversed the district court's injunction except as noted.
• Terry Props., Inc. v. Standard OIL Co. (IND)
  799 F.2d 1523· 11th Cir.· 1986-09-24 ·cited 18×
  The court affirmed the district court's findings on liability for race discrimination and interference claims, but reversed the award of attorney's fees for some appellees.
• Anthony v. Franklin Cnty. & Willis "Bill" Collins
  799 F.2d 681· 11th Cir.· 1986-09-15 ·cited 18×
  The court held that terminating ferry service did not constitute a taking without due process or violate equal protection, as it did not deprive owners of access to their property but rather withdrew a public benefit. Furthermore, takings claims are premature until state remedies
• Ulus Jorden, Jr. v. Nat'l Guard Bureau
  799 F.2d 99· 3d Cir.· 1986-08-27 ·cited 18×
  State national guard officials are not immune from section 1983 damage suits because the rationale for federal military immunity does not apply to them.
• Franklin v. Aycock
  795 F.2d 1253· 6th Cir.· 1986-07-15 ·cited 18×
  The court affirmed the finding of physical abuse and the award of damages, but remanded the procedural due process claim for further consideration of damages.
• Hannah v. City OF Overland
  795 F.2d 1385· 8th Cir.· 1986-07-08 ·cited 18×
  The court held that the district court did not err in excluding alibi evidence, deposition testimony, or denying leave to amend, and that any error in admitting prior convictions was harmless.
• Brinkmann v. Johnston
  793 F.2d 111· 5th Cir.· 1986-06-30 ·cited 18×
  The court held that the plaintiff's civil rights claims against the state judge and his ex-wife and her attorney were frivolous and properly dismissed.
• Jong Hee Small v. The Inhabitants OF the City OF Belfast & James Murphy
  796 F.2d 544· 1st Cir.· 1986-06-27 ·cited 18×
• Niehaus v. Kan. BAR Ass'n
  793 F.2d 1159· 10th Cir.· 1986-06-13 ·cited 18×
  The court held that appellants failed to establish that their employer received federal financial assistance for the Rehabilitation Act claim, and that their terminations were not the result of state action for the civil rights claims. The court also held that appellants waived t
• Harlan L. Jacobsen v. Filler
  790 F.2d 1362· 9th Cir.· 1986-05-29 ·cited 18×
  The court should recognize the right of pro se litigants to be adequately informed of their procedural obligations before summary judgment is entered against them.
• Sourbeer v. Robinson
  791 F.2d 1094· 3d Cir.· 1986-05-28 ·cited 18×
  The court held that the defendants are entitled to qualified immunity because the law regarding the due process rights of unsentenced prisoners in administrative segregation was not clearly established at the time of the conduct.
• Chicago & N. W. Transp. Co. v. Ulery
  787 F.2d 1239· 8th Cir.· 1986-04-02 ·cited 18×
  The court held that the order denying summary judgment based on qualified immunity is not immediately appealable when the defendants are private parties, not public officials.
• George Alexopulos by his next friend Marguerite Alexopulos and Marguerite Alexopulos v. Riles
  784 F.2d 1408· 9th Cir.· 1986-03-18 ·cited 18×
  The court held that the Education for All Handicapped Children Act (EAHCA) provides the sole remedy for denial of educational rights, and that claims for compensatory education are barred by the Eleventh Amendment and statutes of limitations.
• Elliott v. Hinds
  786 F.2d 298· 7th Cir.· 1986-03-11 ·cited 18×
  The court held that prospective injunctive relief is not barred by the Eleventh Amendment and that defamation coupled with discharge can state a § 1983 claim for deprivation of a liberty interest. However, pendant state law claims are not appealable without proper certification.
• Cannon v. Loyola Univ. OF Chicago
  784 F.2d 777· 7th Cir.· 1986-02-25 ·cited 18×
  The court held that prior dismissals of the plaintiff's suits operated as res judicata, barring the current action against all defendant medical schools.
• City OF Palm BAY v. Bauman
  475 So. 2d 1322· Fla. 5th DCA· 1985-09-26 ·cited 18×
  The City of Palm Bay appealed an injunction prohibiting random, warrantless urine testing of police officers and firefighters for drug detection absent probable cause or during scheduled physical exams. The appellate court affirmed the injunction with modifications, establishing
• Scott v. Schmidt
  773 F.2d 160· 7th Cir.· 1985-09-17 ·cited 18×
  The court held that the district court properly dismissed Scott's civil rights suit because the defendants were immune from suit and Scott failed to state a claim.
• Bunyan v. Camacho
  770 F.2d 773· 9th Cir.· 1985-09-03 ·cited 18×·via 42 U.S.C. § 1983 Civil Rights Action
  A Guam statute granting retroactive retirement credit only to residents who began college before moving to Guam violates the Equal Protection Clause because the distinction between residents is not rationally related to a legitimate governmental purpose.
• Frier v. City OF Vandalia
  770 F.2d 699· 7th Cir.· 1985-08-23 ·cited 18×
  The court held that the plaintiff's federal due process claim was barred by claim preclusion due to a prior state court replevin judgment.
• Bass v. Wallenstein
  769 F.2d 1173· 7th Cir.· 1985-07-30 ·cited 18×
  The court held that sufficient evidence supported the jury's finding that Dr. Hoffman's deliberate indifference to Bass's serious medical needs caused Bass's death, and thus denied his motion for judgment notwithstanding the verdict.
• Gargiulo v. Delsole
  769 F.2d 77· 2d Cir.· 1985-07-29 ·cited 18×
  The court held that a jury demand on the face of a pleading complies with Fed.R.Civ.P. 38(b) and that parties do not waive their right to a jury trial by proceeding with a bench trial after the court denies their timely jury demand.
• Carroll Wayne Davis v. Hardy Wayne Forrest & Larry Marcus McNabb
  768 F.2d 257· 8th Cir.· 1985-07-17 ·cited 18×
  The court held that the jury instructions on excessive force were proper and the admission of evidence regarding workers' compensation benefits was not unfairly prejudicial.
• Bailey v. Faulkner
  765 F.2d 102· 7th Cir.· 1985-06-19 ·cited 18×
  The court held that the plaintiff's civil rights suit was barred by the statute of limitations, and affirmed the dismissal on alternative grounds of the defendant's lack of personal liability.
• Mazanec v. N. Judson-San Pierre Sch. Corp.
  763 F.2d 845· 7th Cir.· 1985-05-31 ·cited 18×
  The court should affirm the district court's decision to abstain from hearing the case.
• Weldon Wiggins v. Rushen
  760 F.2d 1009· 9th Cir.· 1985-05-17 ·cited 18×
  The dissenting judge would remand the case to the district court for further fact-finding regarding whether the injunction aspect of the case is moot.
• Wilson v. Co. George Schillinger
  761 F.2d 921· 3d Cir.· 1985-05-01 ·cited 18×
  The court held that prison officials met their burden of production to justify the grooming regulation, and the inmate failed to prove the response was exaggerated or unreasonable, thus vacating the injunction.
• Ganey v. Edwards
  759 F.2d 337· 4th Cir.· 1985-04-02 ·cited 18×
  A plaintiff who proves a deprivation of a constitutional right is entitled to nominal damages, even without proof of actual injury.
• Lieutenant Mary Ogden v. The United States
  758 F.2d 1168· 7th Cir.· 1985-03-29 ·cited 18×
  The court held that while Chappell v. Wallace bars monetary damages claims by military personnel against superior officers, it does not preclude injunctive relief for constitutional violations.
• Munz v. Parr
  758 F.2d 1254· 8th Cir.· 1985-03-29 ·cited 18×
  The court held that the district court erred in dismissing the excessive force claim against an unnamed defendant and other claims without allowing the pro se plaintiff an opportunity to amend his complaint.
• Mark v. Caldwell
  754 F.2d 1260· 5th Cir.· 1985-03-11 ·cited 18×
  The court held that the alleged slapping, even if true, did not rise to the level of severe injury required for a § 1983 excessive force claim.
• Fraser v. Bethel Sch. Dist. NO. 403
  755 F.2d 1356· 9th Cir.· 1985-03-04 ·cited 18×
  The dissenting judge argues that school authorities have the power to discipline students for indecent speech, even if it does not meet the 'substantial disruption' standard from Tinker v. Des Moines, because schools are unique environments with special needs.
• Duncan v. Mr. & Mrs. Harold Peck
  752 F.2d 1135· 6th Cir.· 1985-01-16 ·cited 18×
  The court held that res judicata does not bar a federal § 1983 action challenging the constitutionality of state procedures, and that pursuing state judicial remedies can constitute action under color of state law.
• McCLURE v. Mexia Indep. Sch. Dist.
  750 F.2d 396· 5th Cir.· 1985-01-14 ·cited 18×
  The court held that the EEOC determination was admissible, but the entire EEOC file was erroneously admitted, though harmlessly so for the Title VII claim. The attorney's fees award was vacated and remanded for reconsideration due to inadequate findings.
• Mayes v. Nevin C. Trammell
  751 F.2d 175· 6th Cir.· 1984-12-28 ·cited 18×
  The Tennessee parole scheme, specifically its rules, creates a liberty interest protected by the due process clause, even though the statute itself does not.
• Dickerson v. Walsh
  750 F.2d 150· 1st Cir.· 1984-12-18 ·cited 18×
  The court held that the petitioner failed to exhaust his state remedies regarding his equal protection claim, and therefore, federal jurisdiction should not be exercised.
• Emerson Emory v. Tex. State Bd. OF Med. Exam'rs
  748 F.2d 1023· 5th Cir.· 1984-12-17 ·cited 18×
  The Eleventh Amendment bars relief against the state board and officials for damages payable from state coffers, and the district court did not abuse its discretion in denying leave to amend the complaint.
• Peters v. Lieuallen
  746 F.2d 1390· 9th Cir.· 1984-11-09 ·cited 18×
  The court held that the plaintiff failed to prove intentional discrimination under Title VII, 42 U.S.C. § 2000e et seq., or 42 U.S.C. §§ 1981 and 1983, and affirmed the judgment for the defendants.
• Varela v. Jones
  746 F.2d 1413· 10th Cir.· 1984-10-24 ·cited 18×
  The court held that the trial judge did not abuse his discretion in refusing to recuse himself, did not err in excluding evidence of a supervisor's alleged misconduct, and did not err in its jury instructions regarding good faith defenses and the use of force.
• Smith v. Updegraff
  744 F.2d 1354· 8th Cir.· 1984-10-01 ·cited 18×
  The court held that the defendants' actions were not barred by res judicata or collateral estoppel, that the statute of limitations was correctly applied, and that the prosecutor was not immune from suit for actions outside his official duties.
• Est. OF Clyde Davis v. Johnson
  745 F.2d 1066· 7th Cir.· 1984-09-27 ·cited 18×
  The court held that there was insufficient evidence to support a finding of callous indifference for the Eighth Amendment claims, but sufficient evidence of negligence for the state law wrongful death and survival claims. The court also held that the son did not suffer compensabl
• Walden v. Wishengrad
  745 F.2d 149· 2d Cir.· 1984-09-18 ·cited 18×
  A government attorney performing duties analogous to a prosecutor, such as initiating proceedings to secure a witness's appearance, is entitled to absolute immunity from liability under 42 U.S.C. § 1983. Local governmental bodies cannot be held liable under § 1983 based on respon
• Harris v. T.J. Forsyth and F. Christensen
  742 F.2d 1277· 11th Cir.· 1984-09-14 ·cited 18×·via 42 U.S.C. § 1983 Action
  Costs may be assessed against an appellant proceeding in forma pauperis, but the decision to award costs is within the appellate court's discretion.