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

• Barfield v. Orange Cnty.
  911 F.2d 644· 11th Cir.· 1990-09-12 ·cited 14×
  The court held that the trial court did not err in denying the Batson challenge based on the explanations provided for striking the jurors, nor in admitting the EEOC and Florida Unemployment Appeals Commission reports into evidence.
• Leahy v. The Bd. OF Trs. OF Cmty. Coll. Dist. NO. 508
  912 F.2d 917· 7th Cir.· 1990-09-07 ·cited 14×
  The court affirmed the dismissal of the plaintiff's federal and state claims, finding no state action for the § 1983 claim and no constitutional injury, and also affirmed Rule 11 sanctions due to the frivolous nature of the appeal.
• Eclophia Smith, Jr. v. Marcantonio
  910 F.2d 500· 8th Cir.· 1990-08-06 ·cited 14×
  Prison officials are entitled to qualified immunity when their conduct does not violate clearly established rights and they did not know or should not have known their conduct violated such rights.
• Esly B. Williams v. City OF River Rouge
  909 F.2d 151· 6th Cir.· 1990-07-16 ·cited 14×
  A City Attorney's position is one for which political affiliation is an appropriate requirement for effective performance, thus not protected by the First Amendment from politically motivated dismissal. However, a genuine issue of material fact exists regarding whether good cause
• Fruit v. Norris
  905 F.2d 1147· 8th Cir.· 1990-06-11 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that the dismissal of the Eighth Amendment claim was improper because the inmates presented sufficient evidence of a prima facie violation, including dangers beyond toxic gases, to survive a Rule 41(b) dismissal.
• Wisniewski v. Kennard
  901 F.2d 1276· 5th Cir.· 1990-05-29 ·cited 14×
  A material issue of fact exists regarding the use of excessive force, which should have precluded summary judgment.
• Gunderson v. Schlueter
  904 F.2d 407· 8th Cir.· 1990-05-23 ·cited 14×
  The court held that the plaintiff's acquittal on criminal charges precluded a Section 1983 claim for malicious prosecution, and the conduct did not rise to the level of a substantive due process violation.
• Jena Balistreri v. Pacifica Police Dep't
  901 F.2d 696· 9th Cir.· 1990-05-11 ·cited 14×
• Barkoo v. Melby
  901 F.2d 613· 7th Cir.· 1990-05-07 ·cited 14×
  The court held that the plaintiff's speech was not constitutionally protected as a matter of public concern, and there was no evidence of retaliation for that speech, thus reversing the jury's award.
• Marine ONE, Inc. v. Manatee Cnty.
  898 F.2d 1490· 11th Cir.· 1990-04-25 ·cited 14×·via 42 U.S.C. § 1983 Action
  Revocation of permits for activities on public land does not constitute a taking of property because the permit holder lacks a protectable property interest.
• Bressman v. Hal Farrier
  900 F.2d 1305· 8th Cir.· 1990-04-19 ·cited 14×
  The court held that claims seeking restoration of good-time credits must generally be brought as habeas corpus petitions, requiring exhaustion of state remedies, while claims for damages or declaratory relief not affecting confinement length may proceed under § 1983.
• Somerset House, Inc. v. Turnock
  900 F.2d 1012· 7th Cir.· 1990-04-16 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that the pre-deprivation procedures provided by the Nursing Home Care Reform Act, including notice and an opportunity to respond, were sufficient to satisfy due process requirements for issuing a conditional license and placing a facility on a list of violators. Te
• Edom Williams v. White
  897 F.2d 942· 8th Cir.· 1990-03-02 ·cited 14×
  The court held that the district court erred in dismissing the pro se prisoner's complaint as frivolous under 28 U.S.C. § 1915(d) by confusing it with a Rule 12(b)(6) dismissal, and that the allegations stated a claim.
• Collinson v. Gott
  895 F.2d 994· 4th Cir.· 1990-02-13 ·cited 14×
  The court held that a genuine issue of material fact exists regarding the necessity of silencing Collinson, precluding summary judgment on qualified immunity.
• Kraemer v. Grant Cnty.
  892 F.2d 686· 7th Cir.· 1990-01-09 ·cited 14×
  The court held that the imposition of Rule 11 sanctions was erroneous because the attorney conducted a reasonable investigation under the circumstances before filing the complaint.
• Biggs v. Vill. OF Dupo
  892 F.2d 1298· 7th Cir.· 1990-01-09 ·cited 14×
  The court held that the plaintiff's statements to the newspaper were protected speech under the First Amendment, but there was insufficient evidence to support an award for emotional distress damages.
• Russ v. Young
  895 F.2d 1149· 7th Cir.· 1989-12-18 ·cited 14×
  The court held that Wisconsin Administrative Code § HSS 303.11 does not create a liberty interest protected by the Fourteenth Amendment, and therefore, placing an inmate in temporary lockup under the regulation does not constitute an unconstitutional deprivation without due proce
• Leo and Arlene Zuchel v. Officer Frederick Spinharney
  890 F.2d 273· 10th Cir.· 1989-11-27 ·cited 14×
  The court held that genuine issues of material fact exist regarding the objective reasonableness of the officer's use of deadly force, precluding summary judgment based on qualified immunity.
• Jones v. Heyman
  888 F.2d 1328· 11th Cir.· 1989-11-22 ·cited 14×
  A mayor's removal of a speaker from a public meeting for disruptive conduct and failure to adhere to the agenda does not violate the First Amendment, even if the speaker's remarks were critical of the commission.
• Eugene D. v. Karman
  889 F.2d 701· 6th Cir.· 1989-11-13 ·cited 14×
  Officials are not personally liable for allowing state wards to be physically abused by foster parents because the law regarding their duty to protect is not clearly established for foster care.
• Mariani-Giron v. Heriberto Acevedo-Ruiz
  877 F.2d 1114· 1st Cir.· 1989-06-23 ·cited 14×
  The court's majority decision is not explicitly stated, but the dissenting judge believes it wrongly concluded that party affiliation is an appropriate requirement for a civil defense position and that discharging the office holder does not violate clearly established rights.
• Philip W.L. LUM v. Jensen
  876 F.2d 1385· 9th Cir.· 1989-05-31 ·cited 14×
  Government officials are entitled to qualified immunity when the law allegedly violated was not clearly established at the time of the conduct, especially when there is inter-circuit conflict and no binding precedent in the relevant circuit.
• Corbett Salyer v. Patrick
  874 F.2d 374· 6th Cir.· 1989-05-12 ·cited 14×
  Social workers are entitled to absolute immunity for filing a juvenile abuse petition due to their quasi-prosecutorial function, and qualified immunity protects their investigative actions in this case.
• Eugenia Rodriguez v. Avita
  871 F.2d 552· 5th Cir.· 1989-05-01 ·cited 14×
  A municipality cannot be held liable under 42 U.S.C. § 1983 for a single incident of alleged police misconduct stemming from inadequate training, absent evidence of a pattern of similar incidents or widespread incompetence.
• Williams-El v. Johnson
  872 F.2d 224· 8th Cir.· 1989-04-05 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that the trial court erred in directing a verdict for the jailer Johnson, as reasonable minds could differ on the use of force and the claim presented a substantive due process violation. The court affirmed directed verdicts for other defendants, finding insufficie
• Grant v. Hollenbach
  870 F.2d 1135· 6th Cir.· 1989-03-28 ·cited 14×
  Prosecutors are entitled to absolute immunity under § 1983 for actions taken within their prosecutorial duties, including decisions to investigate, prosecute, and present evidence to a grand jury.
• Evans v. McKAY
  869 F.2d 1341· 9th Cir.· 1989-03-16 ·cited 14×
  The court held that the plaintiffs sufficiently pleaded a claim under 42 U.S.C. § 1981 against individual defendants and a claim under 42 U.S.C. § 1983 against individual police officers, tribal defendants, and the City of Browning, but affirmed the dismissal of the § 1983 claim
• Duncan v. Storie
  869 F.2d 1100· 8th Cir.· 1989-03-13 ·cited 14×
  The court held that genuine issues of material fact exist regarding whether the arrest occurred in a public place and whether excessive force was used, precluding summary judgment and qualified immunity at this stage.
• Les E. Roley v. Pierce Cnty. Fire Prot. Dist. NO. 4
  869 F.2d 491· 9th Cir.· 1989-03-06 ·cited 14×
  The court held that the fire chief's discharge did not violate equal protection or procedural due process because the distinction between municipal firefighters and district firefighters regarding civil service review was rationally based, and the charges against him did not impl
• Miss. Women's Med. Clinic v. McMILLAN
  866 F.2d 788· 5th Cir.· 1989-02-28 ·cited 14×
• The Va. Hosp. Ass'n v. Baliles
  868 F.2d 653· 4th Cir.· 1989-02-22 ·cited 14×
  The court held that the Virginia Plan's reimbursement procedures for Medicaid patients create an enforceable right under the Medicaid Act, actionable via § 1983, and that the Act's enforcement mechanisms do not foreclose this private judicial remedy.
• Gladden v. Randy W. Roach (Officer)
  864 F.2d 1196· 5th Cir.· 1989-02-08 ·cited 14×
  The court held that biographical questions during booking are not interrogation under the Fifth Amendment and that a plaintiff must demonstrate a real threat of future harm to have standing for injunctive relief. The court also affirmed the denial of a goading interrogatory as un
• Gonzalez-Vega v. Hon. Rafael Hernandez-Colon
  866 F.2d 519· 1st Cir.· 1989-02-02 ·cited 14×
  The court held that a notice of appeal using "et al." is insufficient to confer jurisdiction for any party other than the specifically named appellant, even if all parties intended to appeal.
• McCONNEY v. The City OF Houston
  863 F.2d 1180· 5th Cir.· 1989-01-23 ·cited 14×
  A municipal policy does not need to be unconstitutional in itself to support Section 1983 liability if the policy causes a predicate unconstitutional act.
• Hynson v. The City OF Chester
  864 F.2d 1026· 3d Cir.· 1988-12-23 ·cited 14×
  A police officer loses qualified immunity for a facially neutral policy executed discriminatorily only if a reasonable officer would know the policy has a discriminatory impact on women, bias against women was a motivating factor, and no important public interest is served.
• W. Martin Haskell, M.D. v. Wash. Twp.
  864 F.2d 1266· 6th Cir.· 1988-12-20 ·cited 14×
  The court held that the defendants waived their statute of limitations defense by failing to raise it in their initial responsive pleading. The court also found that the district court's rulings on standing were conflicting and that the Rule 41(b) dismissal was subject to a clear
• Foster v. Walsh
  864 F.2d 416· 6th Cir.· 1988-12-14 ·cited 14×
  A court clerk issuing an arrest warrant at a judge's direction is performing a judicial function and is absolutely immune from suit. A municipal court is not a 'person' under 42 U.S.C. § 1983.
• Farmer v. Lane
  864 F.2d 473· 7th Cir.· 1988-12-14 ·cited 14×
  The court held that while Farmer was not collaterally estopped from asserting his procedural due process claim, he lacked a protectable property interest in his employment under Illinois law, and thus could not claim a Fourteenth Amendment violation.
• Salahuddin v. Cuomo
  861 F.2d 40· 2d Cir.· 1988-11-04 ·cited 14×
  A district court abuses its discretion by dismissing a pro se prisoner's complaint solely for violating Rule 8's "short and plain statement" requirement without granting leave to amend, unless extraordinary circumstances exist.
• Perez v. Simmons
  884 F.2d 1136· 9th Cir.· 1988-10-26 ·cited 14×
  The court held that a search warrant is required to enter a third party's home to arrest a suspect, even if the suspect is a guest, unless exigent circumstances exist. The court also held that the claim against the City for inadequate training must be retried under the 'deliberat
• Richardson v. The City OF Albuquerque
  857 F.2d 727· 10th Cir.· 1988-09-22 ·cited 14×
  The court held that the jury's verdict for the defendants on discrimination claims was supported by sufficient evidence and that the trial court correctly directed a verdict against the plaintiff's due process claim.
• Richard Horn and all others similarly situated v. City OF Chicago & Datacom Sys. Corp.
  860 F.2d 700· 7th Cir.· 1988-09-21 ·cited 14×
  The court held that the demand notices provided constitutionally sufficient notice of the opportunity to contest parking violations, reversing the district court's finding of a due process violation.
• Cedrick Holmes v. Fisher
  854 F.2d 229· 7th Cir.· 1988-08-09 ·cited 14×
  An order denying injunctive relief is immediately appealable under 28 U.S.C. § 1292(a)(1) even if a request for damages remains pending, and a plaintiff whose personal claim is moot at the time of filing cannot represent a class seeking equitable relief.
• Jordan v. Wilson
  851 F.2d 1290· 11th Cir.· 1988-08-08 ·cited 14×
  The court held that the mayor and police chief's public statements, while undiplomatic, did not constitute clear and convincing evidence of retaliation or a violation of the injunction's requirement for respect and support, thus reversing the civil contempt finding.
• Vukadinovich v. Bartels
  853 F.2d 1387· 7th Cir.· 1988-07-29 ·cited 14×
  The court held that a public employee's speech regarding a personal employment dispute, even if published in a newspaper, is not protected by the First Amendment if it does not address a matter of public concern.
• Mathis v. Hood
  851 F.2d 612· 2d Cir.· 1988-07-14 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Action
  The court held that the petitioner had exhausted state remedies to the extent they were available and effective, and that the state's delay in deciding his appeal violated his due process rights.
• Howard Gault Co. v. Tex. Rural Legal AID, Inc.
  848 F.2d 544· 5th Cir.· 1988-06-30 ·cited 14×
• Savage v. Gorski
  850 F.2d 64· 2d Cir.· 1988-06-20 ·cited 14×
  The court held that the district court abused its discretion in granting a preliminary injunction because the appellees failed to demonstrate irreparable harm and a likelihood of success on the merits.
• Hughes v. Patrolmen's Benevolent Ass'n OF the City OF NEW York, Inc.
  850 F.2d 876· 2d Cir.· 1988-06-15 ·cited 14×
  The court held that allowing recovery for both intentional infliction of emotional distress and prima facie tort for the same conduct constitutes an impermissible double recovery under New York law, requiring reversal of the prima facie tort awards.
• Edgardo Gierbolini-Colon v. Awilda Aponte-Roque
  848 F.2d 331· 1st Cir.· 1988-06-10 ·cited 14×
  The court held that the district court did not clearly err in finding that the appellants demoted Gierbolini due to his political affiliation and that their asserted reasons of incompetence were pretextual.