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

• Ardith McPherson v. Rankin
  736 F.2d 175· 5th Cir.· 1984-07-12 ·cited 18×
  Summary judgment was inappropriate because substantial issues of material fact exist regarding the context and intent of the plaintiff's statement, which are crucial for determining First Amendment protection.
• Grady v. Wilken
  735 F.2d 303· 8th Cir.· 1984-05-29 ·cited 18×
  The court held that the dismissal of the prisoner's claims under 42 U.S.C. § 1983 was proper, as the disciplinary actions and transfer did not violate his constitutional rights, and the mail restriction did not prejudice his access to courts.
• Godinez v. Lane
  733 F.2d 1250· 7th Cir.· 1984-05-09 ·cited 18×
  The court reversed the district court's order modifying the preliminary injunction, finding that the plaintiffs failed to establish the necessary factors for its issuance.
• Irving v. Thigpen
  732 F.2d 1215· 5th Cir.· 1984-05-07 ·cited 18×
  The court held that the Mississippi parole statute does not create a constitutionally protected liberty interest, thus precluding a due process claim. However, an equal protection claim based on racial discrimination requires exhaustion of state remedies.
• Johnson v. McKASKLE
  727 F.2d 498· 5th Cir.· 1984-03-23 ·cited 18×
  The district court erred in dismissing a prisoner's § 1983 action with prejudice based on res judicata, as claims arising after the Ruiz v. Estelle judgment could not have been litigated in that class action.
• Parker v. The Bd. OF Sch. Comm'rs OF the City OF Indianapolis
  729 F.2d 524· 7th Cir.· 1984-03-13 ·cited 18×
  The court held that the plaintiff failed to prove intentional sex discrimination under Title VII and § 1983, and that the district court did not abuse its discretion in excluding expert testimony.
• Bernstein v. Menard
  728 F.2d 252· 4th Cir.· 1984-02-24 ·cited 18×
  The court held that an appeal from a merits judgment is untimely if not filed within the prescribed period, even if attorney's fees have not yet been awarded. The court also affirmed the award of attorney's fees against the plaintiff.
• Mauricio and Dina Scokin v. The State OF Tex.
  723 F.2d 432· 5th Cir.· 1984-01-27 ·cited 18×
  The court held that the thirty-day statute of limitations applied by the district court was inconsistent with the goals of the EAHCA, but affirmed the denial of reimbursement for parents' unilateral withdrawal of their child from public school.
• Slayton v. Willingham
  726 F.2d 631· 10th Cir.· 1984-01-27 ·cited 18×
  A nolo contendere plea in a state criminal case does not automatically bar a subsequent federal civil rights action under § 1983 for alleged constitutional violations, and the right to privacy can encompass avoiding disclosure of personal matters.
• Sequoia Books, Inc. v. McDONALD
  725 F.2d 1091· 7th Cir.· 1984-01-06 ·cited 18×
  The court held that the warrant's description of materials was sufficiently particular to satisfy the Fourth Amendment, and abstention was not required.
• Darron K. Campbell v. White
  721 F.2d 644· 8th Cir.· 1983-12-01 ·cited 18×
  A notice of appeal received more than 30 days after judgment is untimely and cannot be considered a motion for an extension of time to appeal under Rule 4(a)(5) of the Federal Rules of Appellate Procedure.
• Michael and Jane Timms v. Metro. Sch. Dist. OF Wabash Cnty.
  722 F.2d 1310· 7th Cir.· 1983-11-18 ·cited 18×
  The court held that the plaintiffs' claims under the EAHCA and Section 504 of the Rehabilitation Act were properly dismissed for failure to exhaust administrative remedies. The court also affirmed the dismissal of other claims.
• Chesny v. Marek
  720 F.2d 474· 7th Cir.· 1983-11-03 ·cited 18×
  A Rule 68 offer that includes attorney's fees is valid, and rejection of such an offer does not preclude a plaintiff from recovering attorney's fees for work done after the offer was made, as doing so would abridge the substantive right to fees under 42 U.S.C. § 1988.
• Tarleton v. Meharry Med. Coll.
  717 F.2d 1523· 6th Cir.· 1983-09-20 ·cited 18×
  The court held that the plaintiff sufficiently alleged a nexus between the challenged Medical Practice Plan and interstate commerce to establish Sherman Act jurisdiction, reversing the district court's dismissal on that ground. However, the court affirmed the dismissal of federal
• Zernial v. United States
  714 F.2d 431· 5th Cir.· 1983-09-12 ·cited 18×
  The court held that the district court properly dismissed the plaintiff's claims, primarily due to lack of subject-matter jurisdiction under the Anti-Injunction Act and for failure to state a claim on frivolous grounds.
• Alexander v. Ware
  714 F.2d 416· 5th Cir.· 1983-08-26 ·cited 18×
  A prisoner's civil rights complaint challenging a prison's disciplinary system for procedural due process violations is not barred by the habeas corpus exclusivity rule, even if it impacts good time credit.
• Baer v. The City OF Wauwatosa
  716 F.2d 1117· 7th Cir.· 1983-08-22 ·cited 18×
  The court held that the plaintiff did not possess a constitutionally cognizable property interest in operating an unlicensed business or a license issued in error.
• Ruple v. City OF Vermillion
  714 F.2d 860· 8th Cir.· 1983-08-19 ·cited 18×
  A prior state court judgment, even if based on summary judgment, bars a subsequent federal action if the claims arise from the same nucleus of operative facts and the new defendants are in privity with the original defendants.
• Ivy McFADDEN v. Detective Juan Sanchez
  710 F.2d 907· 2d Cir.· 1983-06-14 ·cited 18×
  Punitive damages in a section 1983 action must be assessed individually against each defendant, both as to liability and amount, and cannot be jointly assessed.
• Bienvenu v. Beauregard Parish Police Jury
  705 F.2d 1457· 5th Cir.· 1983-05-31 ·cited 18×
  The court held that the district court erred in summarily dismissing the pro se prisoner's complaint, which alleged conditions rising to constitutional dimensions.
• Lyznicki v. Bd. OF Educ.
  707 F.2d 949· 7th Cir.· 1983-05-19 ·cited 18×
  A school principal's demotion without a reduction in salary, even if it involves a loss of rank, does not violate the Fourteenth Amendment's due process clause or the Illinois School Code, as it does not constitute a deprivation of a property right.
• Urbanizadora Versalles, Inc. v. Rios
  701 F.2d 993· 1st Cir.· 1983-03-02 ·cited 18×
  The court held that a 14-year "freeze" on property development due to an official map and zoning designation constituted an unconstitutional deprivation of property without due process, and the district court did not err in enjoining these restrictions.
• Burke v. Guiney
  700 F.2d 767· 1st Cir.· 1983-02-18 ·cited 18×
  The court held that the plaintiff's statements did not violate the settlement agreement, thus denying contempt sanctions, and that the plaintiff is entitled to post-judgment interest. The court remanded the attorney's fees issue for further explanation.
• Maurer v. Individually & AS Members OF LOS Angeles Cnty. Sheriff's Dep't
  691 F.2d 434· 9th Cir.· 1982-10-25 ·cited 18×
  The court held that the district court erred in dismissing the civil rights action for damages without allowing the plaintiff to amend his complaint to allege tolling of the statute of limitations due to the defendant's absence from the state. The court also held that the distric
• Jones v. Ill. Dep't OF Rehab. Servs. & James S. Jeffers
  689 F.2d 724· 7th Cir.· 1982-09-27 ·cited 18×
  The court held that the district court correctly determined IDRS had primary responsibility for providing interpreter services under Section 504 and that Jones' graduation did not moot the case. However, the court reversed and remanded the denial of costs for Jones.
• Edwards H. Metcalf v. Borba
  681 F.2d 1183· 9th Cir.· 1982-07-22 ·cited 18×
  A postjudgment request for attorney's fees under 42 U.S.C. § 1988 is not subject to the ten-day time limit of Federal Rule of Civil Procedure 59(e) or local rules governing routine costs.
• Lennie Crosby v. Bowling
  683 F.2d 1068· 7th Cir.· 1982-07-20 ·cited 18×
  The court held that the plaintiffs were prevailing parties entitled to attorney's fees under 42 U.S.C. § 1988, that no special circumstances rendered the award unjust, and that the district court did not abuse its discretion in the amount awarded.
• Maryellen H. Doyle v. The Univ. OF Ala. IN Birmingham
  680 F.2d 1323· 11th Cir.· 1982-07-19 ·cited 18×
  The court held that most of the plaintiff's claims were barred by the statute of limitations or failed to state a claim upon which relief could be granted.
• Redd v. Lambert
  674 F.2d 1032· 5th Cir.· 1982-05-03 ·cited 18×
  The court held that plaintiffs were not entitled to attorney's fees because their state court action did not constitute an "action or proceeding to enforce a provision of section 1983" as required by 42 U.S.C. § 1988, and the Tax Injunction Act remits plaintiffs entirely to state
• Uniformed Firefighters Ass'n, Local 94, Iaff, AFL-CIO v. The City OF NEW York
  676 F.2d 20· 2d Cir.· 1982-03-25 ·cited 18×
  The court held that the denial of seniority credits to provisional firefighters did not violate the Equal Protection Clause, and that CETA's comprehensive administrative remedies preclude claims under 42 U.S.C. § 1983.
• Alden Werch v. City OF Berlin
  673 F.2d 192· 7th Cir.· 1982-03-17 ·cited 18×
  The court held that the district court correctly dismissed the section 1983 suit for lack of subject matter jurisdiction due to the availability of adequate state remedies and properly awarded attorney's fees for a frivolous action.
• Brunson D. Moore v. EL Paso Cnty.
  660 F.2d 586· 5th Cir.· 1981-11-05 ·cited 18×
• Hamlin v. Warren
  664 F.2d 29· 4th Cir.· 1981-11-03 ·cited 18×
  The dissent argues that a state prisoner's claim for damages under § 1983, which does not directly attack the fact or length of confinement, should not require exhaustion of state remedies.
• Ellwest Stereo Theatre, Inc. v. Maynard Jackson
  653 F.2d 954· 5th Cir.· 1981-08-17 ·cited 18×
  The court held that the district court abused its discretion in denying attorneys' fees to prevailing parties under 42 U.S.C. § 1988 based on the cited 'special circumstances'.
• Mills v. Officer Jack Smith
  656 F.2d 337· 8th Cir.· 1981-08-12 ·cited 18×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not err in finding the shooting accidental and that the plaintiff did not prove deliberate indifference to his medical needs, thus affirming the judgment for the defendants.
• Harbulak v. Cnty. OF Suffolk
  654 F.2d 194· 2d Cir.· 1981-07-15 ·cited 18×
  The court held that the district court abused its discretion in denying attorney's fees to the prevailing defendant because the civil rights action brought was frivolous and without foundation.
• Green v. The City OF Montezuma
  650 F.2d 648· 5th Cir.· 1981-07-13 ·cited 18×
  The court held that the district court erred in dismissing the complaint as frivolous without first docketing the case and properly evaluating the IFP application.
• Isiah Carl Green v. Estelle
  649 F.2d 298· 5th Cir.· 1981-06-29 ·cited 18×
  The court held that dismissing a prisoner's complaint as 'malicious' solely because a prior, distinct complaint was pending was error, and requiring a prisoner to pay 40% of his assets for filing fees was an abuse of discretion.
• Frazier M. Gibson, Jr. v. Lynch
  652 F.2d 348· 3d Cir.· 1981-06-26 ·cited 18×
  The court held that the prisoner's confinement in administrative quarantine due to a housing shortage did not violate his Fourteenth Amendment due process rights, as New Jersey law did not create a liberty interest in avoiding such confinement.
• York v. City OF Cedartown
  648 F.2d 231· 5th Cir.· 1981-06-15 ·cited 18×
  The court held that the plaintiffs failed to state a claim under 42 U.S.C. § 1983 because their allegations of negligence and nuisance did not rise to the level of an abuse of governmental power.
• Henrico Prof'l Firefighters Ass'n v. The Bd. OF Supervisors OF Henrico Cnty.
  649 F.2d 237· 4th Cir.· 1981-05-12 ·cited 18×
  A government board that allows individuals and non-employee associations to speak at public meetings cannot constitutionally prevent a representative of a public employee association from speaking solely based on the speaker's identity as a representative of employees.
• Wright v. Odell Wagner
  641 F.2d 239· 5th Cir.· 1981-03-30 ·cited 18×
  The court held that a jury's finding that jail officials neither suspected nor should have suspected an inmate of insanity precluded a claim for wrongful death under state law and a civil rights violation under the Eighth Amendment based on a statutory violation. The court also f
• Hilary Davis v. Page
  640 F.2d 599· 5th Cir.· 1981-03-23 ·cited 18×
  The dissenting judge argues that federal habeas corpus relief is an inappropriate vehicle for addressing state child custody disputes, and that federal courts should defer to state courts in such matters.
• Ramirez v. SAN Mateo Cnty. Dist. Attorney's Off.
  639 F.2d 509· 9th Cir.· 1981-02-12 ·cited 18×
  The court held that a deputy district attorney position is considered part of the elected District Attorney's personal staff, exempt from Title VII coverage, and that retaliation claims were properly submitted to the jury as First Amendment free speech issues.
• Scott v. Plante
  641 F.2d 117· 3d Cir.· 1981-02-05 ·cited 18×
  The court held that the trial court erred in denying equitable relief regarding the conditions of confinement and vacated the judgment, remanding for further proceedings.
• Harris L. Kimball v. THE Florida BAR
  632 F.2d 1283· 5th Cir.· 1980-12-18 ·cited 18×
  Federal district courts lack jurisdiction to review or reverse final state court orders, even when framed as a civil rights claim.
• Wren v. Nolan Jones
  635 F.2d 1277· 7th Cir.· 1980-12-10 ·cited 18×
  The court held that the plaintiffs failed to prove that their political affiliation was a motivating factor in their layoffs, and that fiscal restraints justified the employment decisions.
• Mazus v. Dept. OF Transp.
  629 F.2d 870· 3d Cir.· 1980-07-28 ·cited 18×
  The court held that the district court erred in allowing political patronage as a defense to a Title VII discrimination claim, as such a defense lacks a nexus to legitimate business needs.
• Worldwide Church OF GOD, Inc. v. The State OF Cal.
  623 F.2d 613· 9th Cir.· 1980-07-21 ·cited 18×
  The court held that the district court properly invoked Younger abstention to deny a preliminary injunction, but erred in denying the Church leave to amend its complaint.
• Wright v. Cuyler
  624 F.2d 455· 3d Cir.· 1980-06-30 ·cited 18×
  Denial of admission to a home furlough program is a condition of confinement, not a challenge to the duration of imprisonment, and can be pursued under 42 U.S.C. § 1983 without exhausting state remedies.