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

• Daggett v. Kimmelman
  811 F.2d 793· 3d Cir.· 1987-02-12 ·cited 16×
  The court affirmed the district court's fee award for the pre-remedy phase and hourly rates, but remanded the remedy phase for further findings on whether time was spent on achieving population equality or political advantage.
• A.M. Jatoi v. Hurst-Euless-Bedford Hosp. Auth.
  807 F.2d 1214· 5th Cir.· 1987-01-14 ·cited 16×
  The court held that Dr. Jatoi's claims under 42 U.S.C. § 1981 and § 1985 were improperly dismissed and that the HEB Hospital Authority's actions could constitute state action for a § 1983 claim.
• Paisey v. Honorable Linda L. Vitale
  807 F.2d 889· 11th Cir.· 1986-12-23 ·cited 16×
  The court held that merely filing a state court action, even if retaliatory, does not constitute "under color of state law" for a Section 1983 claim, and thus the plaintiff failed to state a claim for injunctive relief.
• van Houdnos v. Evans
  807 F.2d 648· 7th Cir.· 1986-12-12 ·cited 16×
  The court held that the district judge erred in granting a directed verdict for defendant Evans, as sufficient evidence of discriminatory intent existed to go to the jury, but properly granted directed verdicts for the other five defendants.
• Schultz v. Frisby
  807 F.2d 1339· 7th Cir.· 1986-12-08 ·cited 16×
  The dissenting judge argues that the town's ordinance prohibiting residential picketing is a valid content-neutral time, place, and manner regulation that balances the right to privacy against free speech rights.
• Graham v. Nat'l Collegiate Athletic Ass'n
  804 F.2d 953· 6th Cir.· 1986-11-06 ·cited 16×
  The court held that plaintiffs failed to state a claim under 42 U.S.C. § 1983 because their claims against the NCAA lacked state action and claims against the University were barred by the Eleventh Amendment.
• Valentine v. Joliet Twp. High Sch. Dist. NO. 204
  802 F.2d 981· 7th Cir.· 1986-10-08 ·cited 16×
  A public school employee does not have a property interest in a specific extra-pay position, such as a guidance counselor, absent a clear statutory, contractual, or mutually explicit understanding, and therefore is not entitled to due process before being denied recall to that po
• In re Lane
  801 F.2d 1040· 8th Cir.· 1986-09-24 ·cited 16×
  The court held that a writ of mandamus is not appropriate because the petitioner has adequate alternative remedies and has not shown a clear right to appointed counsel or a trial date, as the decision to appoint counsel is within the magistrate's discretion.
• Gladys Banks v. Chesapeake & Potomac Tel. Co.
  802 F.2d 1416· D.C. Cir.· 1986-09-05 ·cited 16×
  The court held that the reasoning in Section II of the majority opinion was flawed regarding the application of Wilson v. Garcia to section 1981 actions.
• Dorr v. Cnty. OF Butte
  795 F.2d 875· 9th Cir.· 1986-07-30 ·cited 16×
  A probationary public employee in California does not possess a property right in continued employment absent specific personnel rules creating a substantial restriction on decisionmaking.
• McMILLAN v. Goleta Water Dist.
  792 F.2d 1453· 9th Cir.· 1986-06-30 ·cited 16×
  The court held that the statute of limitations did not bar the inverse condemnation claim because it accrued upon the final denial of service, and that the substantive due process claim was improperly dismissed without determining the McMillans' user status.
• Perry v. Larson
  794 F.2d 279· 7th Cir.· 1986-06-23 ·cited 16×
  The court affirmed the jury's verdict, holding that there was sufficient evidence to support findings of political retaliation, improper evidentiary rulings did not deny a fair trial, and damages were properly calculated.
• Hill v. The City OF Houston
  789 F.2d 1103· 5th Cir.· 1986-05-14 ·cited 16×
  The court held that the ordinance is facially and substantially overbroad, violating the First Amendment's guarantee of free speech, and thus is unconstitutional.
• Nat'l Commc'n Sys., Inc. v. Mich. Pub. Serv. Comm'n
  789 F.2d 370· 6th Cir.· 1986-04-25 ·cited 16×
  The court held that plaintiffs failed to state a claim under 42 U.S.C. § 1983 for deprivation of property without due process because they did not plead the inadequacy of state remedies. The court also held that the equal protection claim under § 1985(3) failed because the plaint
• Williams v. Kobel
  789 F.2d 463· 7th Cir.· 1986-04-16 ·cited 16×
  The court held that the district court abused its discretion in awarding attorney's fees to the prevailing defendants because the plaintiff's section 1983 action was not frivolous, unreasonable, or without foundation.
• Seidman v. City OF Beverly Hills & Tom John Auto., Inc.
  785 F.2d 1447· 9th Cir.· 1986-04-03 ·cited 16×
  A plaintiff cannot appeal a voluntary dismissal of an action, even if it follows the denial of class certification, because such a dismissal deprives the appellate court of jurisdiction.
• Little v. Norris
  787 F.2d 1241· 8th Cir.· 1986-04-02 ·cited 16×
  The court held that the district court did not err in granting summary judgment for prison officials, as the challenged prison policies did not violate the inmate's constitutional rights.
• Lesher v. The Hon. Frank G. Lavrich
  784 F.2d 193· 6th Cir.· 1986-02-18 ·cited 16×
  The court held that the appellants' constitutional claims were barred by res judicata, and the Adoption Assistance Act claim did not provide a private right of action for retrospective relief.
• Gibbs v. King
  779 F.2d 1040· 5th Cir.· 1986-01-02 ·cited 16×
  The court held that a prisoner's due process rights were violated by a disciplinary conviction for violating an unposted policy, requiring remand for factual findings. However, other due process claims, First Amendment challenges to a disciplinary rule, and harassment claims were
• Rumery v. Town OF Newton
  778 F.2d 66· 1st Cir.· 1985-12-02 ·cited 16×
  A covenant not to sue public officials for alleged deprivations of constitutional rights, executed in exchange for a decision not to prosecute criminal charges, is void ab initio as against public policy.
• Deane v. Dunbar
  777 F.2d 871· 2d Cir.· 1985-11-26 ·cited 16×
  The court held that prison officials are not liable under 42 U.S.C. § 1983 for placing inmates in protective custody without due process because the law regarding prisoners' procedural rights was not clearly established at the time of the conduct.
• Toney-El v. Franzen
  777 F.2d 1224· 7th Cir.· 1985-11-20 ·cited 16×
  The court held that the plaintiff's claim for deprivation of liberty due to an erroneous calculation of his release date failed to state a violation of procedural due process because adequate state remedies were available.
• Ross v. Franzen
  777 F.2d 1216· 7th Cir.· 1985-11-20 ·cited 16×
  The court should not sanction one prisoner suing on behalf of another, and the case should be dismissed.
• William T.M. Johnson v. Lincoln Univ. OF the Commonwealth Sys. OF Higher Educ.
  776 F.2d 443· 3d Cir.· 1985-11-06 ·cited 16×
  The court held that the district court erred in concluding that Dr. Johnson's activities did not involve matters of public concern and that the case should be remanded for further factual development regarding whether his speech was protected and whether it motivated his terminat
• van Ooteghem v. Hartsell Gray
  774 F.2d 1332· 5th Cir.· 1985-10-29 ·cited 16×
  A Texas county is liable for its Treasurer's unconstitutional firing of an employee, but reinstatement is not appropriate when a new Treasurer with appointment power has been elected; attorney fees were improperly calculated.
• Wagner v. The Metro. Nashville Airport Auth.
  772 F.2d 227· 6th Cir.· 1985-09-06 ·cited 16×
  The court held that the plaintiff failed to show the requisite state action to maintain a section 1983 claim.
• Zellmer Fromm and Marilyn Tucker v. Rosewell
  771 F.2d 1089· 7th Cir.· 1985-08-29 ·cited 16×
  The court held that principles of comity and the Tax Injunction Act bar federal court review of state tax assessment disputes when adequate state remedies exist. The taxpayer objection procedure in Illinois is considered such a remedy.
• Almond Hill Sch. v. United States Dep't OF Agric.
  768 F.2d 1030· 9th Cir.· 1985-08-12 ·cited 16×
  The court held that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) has a sufficiently comprehensive enforcement scheme to preclude private enforcement through 42 U.S.C. § 1983, and that the pesticide spraying project did not constitute major federal action requir
• Paradise v. Prescott
  767 F.2d 1514· 11th Cir.· 1985-08-12 ·cited 16×
  The court affirmed the district court's order requiring one black trooper to be promoted for each white trooper until 25% of the rank is black or a lawful promotion plan is in place, finding it a necessary and reasonable remedy for persistent effects of past discrimination.
• Lewis v. Thigpen
  767 F.2d 252· 5th Cir.· 1985-08-08 ·cited 16×
  The court held that the trial court abused its discretion in denying a pro se litigant's untimely jury trial demand based on ignorance of procedural rules, and that the harmless error analysis could not be applied without resolving the liberty interest issue.
• Knoll v. Springfield Twp. Sch. Dist.
  763 F.2d 584· 3d Cir.· 1985-06-07 ·cited 16×
  The court held that 42 U.S.C. § 1983 claims are subject to the state's statute of limitations for personal injury actions, and the plaintiff's claim was timely under Pennsylvania's two-year statute.
• Johnson v. Clinton
  763 F.2d 326· 8th Cir.· 1985-05-30 ·cited 16×
  The court held that an inmate's claim of being denied meritorious good time based on state statutes does not state a federal due process claim, but an inmate's claim of cruel and unusual punishment due to forced work and denial of hernia surgery may state a claim under the Eighth
• Bone v. City OF Lafayette
  763 F.2d 295· 7th Cir.· 1985-05-29 ·cited 16×
  A § 1983 claim based on defamation requires a deprivation of a constitutionally protected property or liberty interest beyond the injury to reputation itself. Injury to reputation alone is not sufficient.
• Porm v. White
  762 F.2d 635· 8th Cir.· 1985-05-16 ·cited 16×
  The court held that the evidence presented was sufficient to allow a jury to find that Dewey Tindle was deliberately indifferent to a pervasive risk of harm to inmate Porm, but not that Superintendent Carl White was deliberately indifferent.
• Friedman v. Vill. OF Skokie
  763 F.2d 236· 7th Cir.· 1985-05-15 ·cited 16×
  The court held that summary judgment was inappropriate because a genuine issue of material fact existed regarding probable cause for the arrest.
• Traughber v. Beauchane
  760 F.2d 673· 6th Cir.· 1985-04-22 ·cited 16×
  Federal courts should not abstain from hearing a § 1983 claim challenging state attachment procedures when state remedies are inadequate or uncertain.
• MacKo v. Byron
  760 F.2d 95· 6th Cir.· 1985-04-15 ·cited 16×
  The court held that plaintiffs' second amended complaint failed to state a claim upon which relief could be granted under 42 U.S.C. § 1983.
• King v. Wells
  760 F.2d 89· 6th Cir.· 1985-04-12 ·cited 16×
  The court held that a prison official's policy of automatically excluding inmate witness testimony violates due process, and that a reduction in attorney fees for duplication of services was an abuse of discretion when only one attorney was employed.
• Cole v. Flick
  758 F.2d 124· 3d Cir.· 1985-03-29 ·cited 16×
  A prison regulation requiring inmates to keep their hair above the collar does not violate the First Amendment's Free Exercise Clause, as the justifications for the rule (identification, contraband, homosexual predation) are reasonably related to legitimate penological interests
• Hubbard v. White
  755 F.2d 692· 8th Cir.· 1985-02-28 ·cited 16×
  The court held that the trial court did not commit prejudicial error in denying a change of venue, refusing to allow impeachment testimony, or denying a motion for judgment notwithstanding the verdict.
• Lampher v. Zagel
  755 F.2d 99· 7th Cir.· 1985-02-14 ·cited 16×
  The court held that plaintiffs were prevailing parties entitled to attorney's fees under 42 U.S.C. § 1988 for work in both state and federal courts, and that no special circumstances warranted denial of the award.
• Malcak v. The Westchester Park Dist.
  754 F.2d 239· 7th Cir.· 1985-02-07 ·cited 16×
  The court held that the plaintiff did not have a property interest in continued employment, as the Manual provision constituted at-will employment and individual commissioners lacked authority to make assurances. Therefore, the district court erred in denying the defendant's moti
• Young v. City OF NEW Orleans
  751 F.2d 794· 5th Cir.· 1985-02-01 ·cited 16×
  The court affirmed the district court's rulings, finding no abuse of discretion in excluding expert testimony, granting directed verdicts on negligence claims, denying a new trial for inadequate damages, and dismissing counterclaims.
• Chuck Keough v. Tate Cnty. Bd. OF Educ.
  748 F.2d 1077· 5th Cir.· 1984-12-21 ·cited 16×
  The court held that the student received adequate procedural due process for both his short-term suspension and subsequent expulsion, and that the district court did not err in denying injunctive relief.
• Thomas v. Sanford Kadish
  748 F.2d 276· 5th Cir.· 1984-12-10 ·cited 16×
  A federal district court lacks subject matter jurisdiction to review a state bar's denial of admission when the claims are inextricably intertwined with the state's judicial or quasi-judicial bar admission process, even if the denial is by an administrative board acting under the
• Lemuel Smith v. Coughlin
  748 F.2d 783· 2d Cir.· 1984-11-16 ·cited 16×
  The court held that while most conditions of confinement in the Unit of Condemned Persons were constitutional, the ban on visits by paralegals employed by the inmate's attorney violated the Sixth Amendment, entitling the inmate to nominal damages.
• Calvert v. Sharp
  748 F.2d 861· 4th Cir.· 1984-11-09 ·cited 16×
  A privately employed physician providing medical services to inmates does not act under color of state law, even if contracted with the state, and thus cannot be sued under 42 U.S.C. § 1983 for alleged Eighth Amendment violations.
• In re the Est. OF Michael Patrick Smith v. Heckler
  747 F.2d 583· 10th Cir.· 1984-10-29 ·cited 16×
  The Secretary of Health and Human Services has a statutory duty to develop and implement a system that ensures nursing facilities receiving federal funds provide high-quality patient care, not just theoretical capability.
• Rolf Kaestel v. A.L. Lockhart
  746 F.2d 1323· 8th Cir.· 1984-10-22 ·cited 16×
  The court held that the district court's conversion of a motion to dismiss into a summary judgment motion without explicit notice was harmless error, and the prison's policy prohibiting loose stamps and limiting free postage was constitutional.
• Satterwhite v. Smith
  744 F.2d 1380· 9th Cir.· 1984-10-10 ·cited 16×
  The court held that the district court did not err in finding constructive discharge and affirmed the judgment, but reduced the back pay award by $5,000.