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

• Mylett v. L.M. Jeane
  879 F.2d 1272· 5th Cir.· 1989-08-11 ·cited 16×
  The court affirmed the denial of the motion for a new trial and the dismissal of defendant Adams, but remanded for clarification regarding the award of attorneys' fees.
• Brandenburg v. Cureton
  882 F.2d 211· 6th Cir.· 1989-08-11 ·cited 16×
  A general jury verdict cannot stand if based on an impermissible theory of recovery, and a new trial is warranted for one defendant where factual issues remain regarding the use of deadly force.
• Pinhas v. Summit Health, Ltd.
  894 F.2d 1024· 9th Cir.· 1989-07-26 ·cited 16×
  The Ninth Circuit reversed the district court's dismissal of the antitrust claim, finding that the state action doctrine did not shield the hospital's peer-review proceedings from antitrust scrutiny after the Supreme Court's decision in Patrick v. Burget. The court affirmed the d
• Anant Kumar Tripati v. Beaman
  878 F.2d 351· 10th Cir.· 1989-07-07 ·cited 16×
  The court held that while district courts have broad discretion to impose restrictions on vexatious litigants, such restrictions must be accompanied by clear guidelines for obtaining permission to file and the litigant must be given notice and an opportunity to be heard.
• Meriwether v. Coughlin
  879 F.2d 1037· 2d Cir.· 1989-06-30 ·cited 16×
  The court held that a new trial should be granted on the First Amendment claim, and that the denial of judgment n.o.v. on the Eighth Amendment claim should be reversed.
• Pieczynski v. Duffy
  875 F.2d 1331· 7th Cir.· 1989-05-30 ·cited 16×
  A campaign of petty harassments directed against a public employee in retaliation for their political beliefs violates the First Amendment unless the harassment is so trivial that a person of ordinary firmness would not be deterred.
• Davis OIL Co. v. Mills
  873 F.2d 774· 5th Cir.· 1989-05-15 ·cited 16×
  The court held that a foreclosing mortgagee acting under Louisiana's foreclosure procedures, which allow for the extinguishment of subordinate interests without actual notice to the holder of that interest, can be considered a state actor for Due Process Clause purposes, and that
• Johnson v. Kegans
  870 F.2d 992· 5th Cir.· 1989-04-24 ·cited 16×
  Judges and prosecutors are absolutely immune from liability for damages for acts intimately connected with the judicial and parole-granting processes, and the plaintiff failed to state a claim for injunctive relief.
• RRI Realty Corp. v. The Inc. Vill. OF Southampton
  870 F.2d 911· 2d Cir.· 1989-03-29 ·cited 16×
  The dissenting judge holds that RRI demonstrated a property interest protected by the Fourteenth Amendment because the Architectural Review Board failed to act on its permit application within the time prescribed by village code, thereby entitling RRI to the permit.
• Milan C. Seibert v. State OF Okla.
  867 F.2d 591· 10th Cir.· 1989-02-10 ·cited 16×
  The court held that the University provided constitutionally adequate pre-termination procedures and that the termination did not violate the plaintiff's First Amendment rights, affirming the district court's judgment.
• Dwyer v. Loyd W. Smith
  867 F.2d 184· 4th Cir.· 1989-02-03 ·cited 16×
  The court affirmed the district court's judgment, holding that the plaintiff failed to establish claims for sexual harassment, disparate impact, disparate treatment, retaliatory discharge, First Amendment violations, and pendent state claims.
• Woodrum v. Woodward Cnty.
  866 F.2d 1121· 9th Cir.· 1989-01-25 ·cited 16×
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because he did not allege a deprivation of a constitutionally protected liberty interest sufficient to overcome the governmental interest in child protection, and reversed the award of sanctions agai
• Aurora Figueroa v. Hon. Awilda Aponte-Roque
  864 F.2d 947· 1st Cir.· 1989-01-04 ·cited 16×
  The court held that the Secretary of Education was not liable for the janitor's termination because the plaintiff failed to demonstrate a causal link between the Secretary's actions and the alleged harm. The court affirmed the jury's verdict for the clerical employees.
• McDOWELL v. R.R. Rogers
  863 F.2d 1302· 6th Cir.· 1988-12-27 ·cited 16×
  A jury could find that the use of a nightstick on a handcuffed, non-resisting arrestee constituted an unreasonable seizure under the Fourth Amendment, even without proof of serious injury.
• Williams v. Butler
  863 F.2d 1398· 8th Cir.· 1988-12-21 ·cited 16×
  The acts of a municipal judge in discharging a court clerk are attributable to the City for purposes of 42 U.S.C. § 1983 liability, as the judge possesses final policymaking authority in employment matters concerning court clerks under state law.
• Brown v. Hartshorne Pub. Sch. Dist. #1
  864 F.2d 680· 10th Cir.· 1988-12-20 ·cited 16×
  The court held that the district court erred in granting summary judgment based on failure to exhaust administrative remedies, as the plaintiff's claims were either properly exhausted or reasonably related to her EEOC charge, and the section 1983 claim did not require such exhaus
• Darcy L. Schaill v. Tippecanoe Cnty. Sch. Corp.
  864 F.2d 1309· 7th Cir.· 1988-12-14 ·cited 16×
  The court held that the school district's random urinalysis program for student athletes does not violate the Fourth Amendment's prohibition against unreasonable searches and seizures.
• Video Int'l Prod., Inc. v. Warner-Amex Cable Commc'ns, Inc.
  858 F.2d 1075· 5th Cir.· 1988-10-31 ·cited 16×
  The City of Dallas cannot be held liable under the Sherman Act or section 1983 for issuing notices of zoning violations because these notices lacked legal finality and did not constitute a final determination causing concrete injury.
• Hammond v. Cnty. OF Madera
  859 F.2d 797· 9th Cir.· 1988-10-19 ·cited 16×
  The court held that the County's ratification of its subordinates' actions in acquiring improper deeds and incorporating roads without valid rights-of-way constituted reckless disregard for plaintiffs' constitutional rights, making the County liable under § 1983. The court also h
• Smith v. C.D. White
  857 F.2d 1042· 5th Cir.· 1988-10-17 ·cited 16×
  The court held that a pro se inmate's timely filed notice of appeal, though initially returned by the clerk for a certificate of service, was valid as to him. The court also held that the notice was ineffective for other plaintiffs who did not sign it.
• Consol. Television Cable Serv., Inc. v. The City OF Frankfort
  857 F.2d 354· 6th Cir.· 1988-09-21 ·cited 16×
  The court held that res judicata barred Consolidated's action and that Community was an agent of the City for state action immunity purposes.
• Jena Balistreri v. Pacifica Police Dep't
  855 F.2d 1421· 9th Cir.· 1988-08-23 ·cited 16×
  The dissenting judge concludes that the plaintiff failed to allege facts sufficient to establish a "special relationship" between the police and herself, and therefore the police had no constitutional duty to protect her.
• Williams v. Willits
  853 F.2d 586· 8th Cir.· 1988-08-03 ·cited 16×
  The court affirmed the dismissal of the civil rights complaint, finding no constitutional deprivation of rights by the prison staff and no actionable claim against the director and warden.
• Franco v. Kelly
  854 F.2d 584· 2d Cir.· 1988-07-25 ·cited 16×
  An allegation that prison officials intentionally filed false disciplinary charges in retaliation for an inmate's exercise of a constitutional right states a cause of action under 42 U.S.C. § 1983 that can withstand a motion for summary judgment, even if minimum procedural due pr
• Rateree v. Rockett
  852 F.2d 946· 7th Cir.· 1988-07-18 ·cited 16×
  Local legislators are absolutely immune from liability under 42 U.S.C. § 1983 for actions taken in their legislative capacity, including budgetary decisions that eliminate job positions.
• Carter v. City OF Chattanooga
  850 F.2d 1119· 6th Cir.· 1988-06-27 ·cited 16×
  The Sixth Circuit Court of Appeals held that the Supreme Court's decision in Tennessee v. Garner, which established new constitutional standards for the use of deadly force against fleeing felons, should not be applied retroactively to the City of Chattanooga. The court found tha
• Ngiraingas v. Sanchez
  858 F.2d 1368· 9th Cir.· 1988-06-07 ·cited 16×
  Guam is not a 'person' under 42 U.S.C. § 1983, thus claims against it and its officials in their official capacities are dismissed. Claims against individual officers are not time-barred and may proceed, subject to qualified immunity.
• Hines v. Sgt. William Boothe
  841 F.2d 623· 5th Cir.· 1988-04-06 ·cited 16×
  The court held that negligence in losing legal mail does not state a claim under 42 U.S.C. § 1983, and alleged physical abuse by prison guards did not rise to the level of a constitutional claim.
• Am. Civil Liberties Union v. Cnty. OF Allegheny
  842 F.2d 655· 3d Cir.· 1988-03-15 ·cited 16×
  The court affirmed a judgment denying attorney's fees to an excess carrier for pursuing an action against a primary insurer, disagreeing with a prior decision that allowed such fees.
• Harris v. Fleming
  839 F.2d 1232· 7th Cir.· 1988-02-10 ·cited 16×
  The court held that the plaintiff raised genuine issues of material fact regarding retaliation for exercising his right of access to the courts, warranting reversal of summary judgment on that claim.
• Kaiter v. Town OF Boxford
  836 F.2d 704· 1st Cir.· 1988-02-05 ·cited 16×
  The court held that it lacks jurisdiction to entertain an interlocutory appeal of a denial of absolute immunity when a claim for qualified immunity is reserved for later proceedings.
• Auster OIL & GAS, Inc. v. Matilda Gray Stream
  835 F.2d 597· 5th Cir.· 1988-01-14 ·cited 16×
  The court held that Mrs. Stream was not liable, but Carmouche, Spook Stream, and M.G.S. were liable for the Fourth Amendment violation. A new trial is required for actual and punitive damages due to instructional error and excessive awards indicating passion and prejudice.
• Clements v. The Cnty. OF Nassau
  835 F.2d 1000· 2d Cir.· 1987-12-23 ·cited 16×
  Summary judgment for the defendants was appropriate because the plaintiff failed to present sufficient evidence of bad faith or a lack of rational basis for her academic dismissal, despite claims of animosity.
• Chambers v. The Omaha Girls Club, Inc.
  834 F.2d 697· 8th Cir.· 1987-12-03 ·cited 16×
  The court held that the employer failed to establish a business necessity or bona fide occupational qualification for its policy prohibiting single pregnant women from employment, as it lacked sufficient evidence to demonstrate a relationship between the policy and its stated goa
• Wheeler v. City OF Pleasant Grove
  833 F.2d 267· 11th Cir.· 1987-12-01 ·cited 16×
  The court held that the proper measure of damages for a temporary regulatory taking is the lost income-producing potential of the property, not the difference in market value before and after the taking.
• Stevens v. Corbell
  832 F.2d 884· 5th Cir.· 1987-11-25 ·cited 16×
  The court held that the district court's grant of a new trial was legally erroneous because the jury instructions misstated the law regarding excessive force claims under § 1983, and this error did not deprive the officers of their qualified immunity defense.
• Helton v. Clements
  832 F.2d 332· 5th Cir.· 1987-11-18 ·cited 16×
  The court held that a conspiracy claim does not extend the statute of limitations beyond the accrual of individual wrongful acts, and that alleged depression is insufficient to toll the statute unless it arises at the time of accrual and renders the plaintiff unable to manage aff
• Garrett v. Rader
  831 F.2d 202· 10th Cir.· 1987-10-13 ·cited 16×
  The court held that the law requiring protection of personal security for inmates was clearly established at the time of the inmate's death, thus denying qualified immunity at the summary judgment stage.
• Watertown Equip. Co. & Edward Moe, Jr. v. Norwest Bank Watertown, N.A.
  830 F.2d 1487· 8th Cir.· 1987-10-08 ·cited 16×
  The court held that the South Dakota attachment statute, as applied, violated clearly established due process rights, and therefore the defendants were not entitled to qualified immunity.
• McCONNELL v. Adams
  829 F.2d 1319· 4th Cir.· 1987-10-01 ·cited 16×
  The court held that while the failure to reappoint registrars based on political affiliation violated their constitutional rights, the officials were entitled to qualified immunity from damages, and the state was protected by Eleventh Amendment immunity from paying official capac
• Smith v. Detroit Fed'n OF Teachers, Local 231, Am. Fed'n OF Teachers, AFL-CIO
  829 F.2d 1370· 6th Cir.· 1987-09-29 ·cited 16×
  The court held that by failing to object to the magistrate's recommendation that individual plaintiffs not be liable for attorney fees, the defendant waived that argument on appeal. The court also held that the district court did not abuse its discretion in declining to assess at
• Hynson v. The City OF Chester & Lastowka
  827 F.2d 932· 3d Cir.· 1987-09-02 ·cited 16×
  A municipal corporation cannot assert qualified immunity, but an individual official may if their conduct did not violate clearly established constitutional rights.
• LAC Courte Oreilles Band OF Lake Superior Chippewa Indians v. State OF Wis.
  829 F.2d 601· 7th Cir.· 1987-08-31 ·cited 16×
  The court held that the State of Wisconsin's appeal from the district court's refusal to dismiss claims and from an interim award of attorney's fees was not properly before the court and dismissed the appeal.
• Commonwealth Bank & Tr. Co., N.A. v. Dale "Bill" Russell
  825 F.2d 12· 3d Cir.· 1987-08-10 ·cited 16×
  The court held that the plaintiffs' claim under 42 U.S.C. § 1983 was too remote a consequence of the defendants' actions to establish liability, as the Lents were members of the general public and not in a special relationship with the county officials.
• Lenord S. Horwitz v. The State Bd. OF Med. Exam'rs OF the State OF Colo.
  822 F.2d 1508· 10th Cir.· 1987-07-07 ·cited 16×
  Members of the Colorado State Board of Medical Examiners are entitled to absolute immunity when performing adjudicatory and prosecutorial functions comparable to those of a court, even if they did not strictly comply with oath requirements.
• Griffin High Sch. v. Ill. High Sch. Ass'n
  822 F.2d 671· 7th Cir.· 1987-06-10 ·cited 16×
  The court held that IHSA by-law 3.043, which created different eligibility rules for student athletes transferring between public and private schools, did not violate the Equal Protection or Due Process Clauses of the Fourteenth Amendment.
• Lopez v. Houston Indep. Sch. Dist.
  817 F.2d 351· 5th Cir.· 1987-05-26 ·cited 16×
  Summary judgment for the school district and supervisors was proper, but summary judgment for the bus driver was not, as genuine issues of material fact exist regarding his liability under 42 U.S.C. § 1983 for callous indifference.
• Cameron v. City OF Pontiac
  813 F.2d 782· 6th Cir.· 1987-03-13 ·cited 16×
  The court held that the officers' use of deadly force did not constitute a seizure under the Fourth Amendment because the decedent was not physically restrained, and the use of firearms was not the proximate cause of his death.
• Johnson v. Legal Servs. OF Ark., Inc.
  813 F.2d 893· 8th Cir.· 1987-03-10 ·cited 16×
  The court held that the district court erred in dismissing the retaliation claim related to the first termination, requiring remand for further consideration under the Bibbs v. Block standard. However, the court affirmed the district court's findings on all other discrimination c
• Mabry v. The State Bd. OF Cmty. Colleges & Occupational Educ. & Gordon Dickinson
  813 F.2d 311· 10th Cir.· 1987-03-09 ·cited 16×
  The court held that a prior finding of no sex discrimination under Title VII, after a full opportunity for litigation, precludes a subsequent Title IX claim based on the same facts and legal standard.