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

• Hill Stokes v. Bullins
  844 F.2d 269· 5th Cir.· 1988-05-10 ·cited 14×
  A municipality's gross negligence in hiring an officer, without more, does not establish a constitutional violation under 42 U.S.C. § 1983, nor does it satisfy the "policy" requirement for municipal liability.
• Allan G. Charles, M.D. v. Daley
  846 F.2d 1057· 7th Cir.· 1988-05-05 ·cited 14×
  Private intervening defendants who did not violate plaintiffs' constitutional rights may nonetheless be held liable for attorneys' fees under 42 U.S.C. § 1988 if the plaintiffs achieved prevailing-party status by succeeding on the merits against those intervenors. The critical di
• Silverman v. Barry
  845 F.2d 1072· D.C. Cir.· 1988-05-03 ·cited 14×
  The court held that the District's actions in processing conversion applications, even if delayed or confused, did not rise to the level of a constitutional violation under 42 U.S.C. § 1983.
• Pollock v. Marshall
  845 F.2d 656· 6th Cir.· 1988-05-02 ·cited 14×
  A prison regulation requiring inmates to keep their hair within set limits is constitutional, even if it conflicts with an inmate's religious beliefs, if it is reasonably related to legitimate penological interests.
• Hassine v. Jeffes
  846 F.2d 169· 3d Cir.· 1988-04-29 ·cited 14×
  The court held that while the district court's findings on individual Eighth Amendment claims were not clearly erroneous, its denial of class certification was improper because the named plaintiffs adequately represented the class.
• Wilson v. Cross
  845 F.2d 163· 8th Cir.· 1988-04-20 ·cited 14×
  The court held that a plaintiff must prove individualized intent to discriminate to prevail in a § 1983 claim, and that Batson v. Kentucky does not establish a prima facie case when the plaintiff is not of the same race as the excluded jurors.
• Bath v. The Nat'l Ass'n OF Intercollegiate Athletics
  843 F.2d 1315· 10th Cir.· 1988-04-06 ·cited 14×
  The court held that a dismissal based on pendent jurisdiction grounds should be without prejudice, and the district court erred in dismissing the claim with prejudice.
• Long v. Laramie Cnty. Cmty. Coll. Dist.
  840 F.2d 743· 10th Cir.· 1988-02-23 ·cited 14×
  The court held that the trial court did not err in its Title VII findings, but erred in granting summary judgment on some § 1983 and § 1985 claims due to the preclusive effect of administrative findings.
• Baker v. McDonald's Corp.
  686 F. Supp. 1474· S.D. Fla.· 1987-12-04 ·cited 14×
  The court held that summary judgment for the defendant is appropriate because the plaintiff failed to establish a prima facie case of discrimination and the defendant presented legitimate, non-discriminatory reasons for the termination.
• Foulds v. Corley
  833 F.2d 52· 5th Cir.· 1987-12-01 ·cited 14×
• Nunez v. Luiz Izquierdo-Mora
  834 F.2d 19· 1st Cir.· 1987-11-30 ·cited 14×
  The court held that the denial of summary judgment on qualified immunity grounds was improper for the positions at issue, as the rights violated were not clearly established at the time of the conduct.
• Martin v. Demma
  831 F.2d 69· 5th Cir.· 1987-10-28 ·cited 14×
  The court held that the date of receipt of the complaint by the clerk, not the formal filing date, governs the commencement of an action for statute of limitations purposes.
• Gerry Fleisher v. City OF Signal Hill
  829 F.2d 1491· 9th Cir.· 1987-10-14 ·cited 14×
  The court held that Fleisher's sexual misconduct, being illegal and detrimental to his role as a police officer and the department's reputation, is not protected by the constitutional rights of privacy or freedom of association. Therefore, his termination for this conduct did not
• Cooley v. Pa. Hous. Fin. Agency
  830 F.2d 469· 3d Cir.· 1987-09-30 ·cited 14×
  The court held that the former employee did not have a protected property interest in his employment under the Fourteenth Amendment, and thus his federal claims were properly dismissed. However, the court found that the state claims should not have been dismissed due to the risk
• Laurel C. Thomas v. Shipka
  829 F.2d 570· 6th Cir.· 1987-09-25 ·cited 14×
  The court held that the one-year statute of limitations adopted in Mulligan v. Hazard for § 1983 claims in Ohio can be applied retroactively to the plaintiff's claim because there was no clear precedent upon which the plaintiff could have justifiably relied at the time of filing.
• Nat'l Org. FOR THE Reform OF Marijuana Laws v. Mullen
  828 F.2d 536· 9th Cir.· 1987-09-21 ·cited 14×
  The court held that the order appointing a special master is not appealable as a modification of an injunction, but can be reviewed via writ of mandamus. The court also held that the federal entities participating in CAMP can be required to pay the master's fees.
• Horatio K. Hawkins v. Steingut
  829 F.2d 317· 2d Cir.· 1987-09-18 ·cited 14×
  The individual defendants are entitled to qualified immunity because the plaintiff did not have a clearly established right not to be terminated from his administrative law judge position based on political affiliation, nor did he have a property interest in the position after hi
• Allen v. Toombs
  827 F.2d 563· 9th Cir.· 1987-09-08 ·cited 14×
  The court held that the prison's policies regarding Native American inmates' access to religious ceremonies in the Disciplinary Segregation Unit did not violate the First or Fourteenth Amendments.
• RR Vill. Ass'n, Inc. v. Denver Sewer Corp. & Town of Roxbury (N.Y.)
  826 F.2d 1197· 2d Cir.· 1987-08-26 ·cited 14×
  The dissenting judge argues that the court erred by not notifying the New York Attorney General of the constitutional challenge to N.Y.Transp.Corp.L. § 121 and by failing to consider abstention under state law.
• Cassettari v. Cnty. OF Nev.
  824 F.2d 735· 9th Cir.· 1987-08-10 ·cited 14×
  A Fifth Amendment taking claim is premature until state compensation procedures have been utilized and denied. A Section 1983 claim requires a deprivation of a federal right, which does not occur until just compensation is denied after exhausting state remedies.
• Ray v. Sch. Dist. of DeSoto Cnty.
  666 F. Supp. 1524· M.D. Fla.· 1987-08-05 ·cited 14×
  The court denied the motion for a preliminary injunction, finding that the plaintiffs had not demonstrated a likelihood of success on the merits regarding the exclusion of HIV-positive hemophiliac children from regular classrooms.
• Clark v. Maurer
  824 F.2d 565· 7th Cir.· 1987-07-16 ·cited 14×
• Pliska v. City OF Stevens Point
  823 F.2d 1168· 7th Cir.· 1987-07-14 ·cited 14×
  The court held that the district court correctly applied res judicata to bar constitutional challenges to the ordinances, and that the jury's finding of reasonable suspicion for the investigatory stop was supported by sufficient evidence.
• Equal Emp. Opportunity Comm'n v. Madison Cmty. Unit Sch. Dist. NO. 12
  818 F.2d 577· 7th Cir.· 1987-05-05 ·cited 14×
  The court held that coaching jobs for boys' and girls' teams of different sports are not necessarily equal work under the Equal Pay Act, but coaching jobs for boys' and girls' teams of the same sport can be considered equal if skill, effort, and responsibility are substantially s
• Sheets v. Johnson
  816 F.2d 1213· 8th Cir.· 1987-04-27 ·cited 14×
  The court held that grievance procedures, without more, do not create a property interest in continued employment sufficient to trigger due process protections.
• Tafoya v. Adams
  816 F.2d 555· 10th Cir.· 1987-04-21 ·cited 14×
  The court held that the plaintiff's complaint did not allege race discrimination under § 1981, and therefore, his § 1983 claim also failed, affirming the dismissal of these claims.
• Scrivner v. Andrews
  816 F.2d 261· 6th Cir.· 1987-04-20 ·cited 14×
  The Adoption Assistance Act does not create a federal statutory right to "meaningful visitation" enforceable under 42 U.S.C. § 1983, and the mother's due process claim failed as she ultimately received a hearing.
• Brinkmann v. Dallas Cnty. Deputy Sheriff Abner
  813 F.2d 744· 5th Cir.· 1987-04-08 ·cited 14×
  The court affirmed the grant of summary judgment for the counselor based on judicial immunity and the dismissal of claims against the county and deputies for failure to comply with court orders.
• Ochoa Realty Corp. v. Faria
  815 F.2d 812· 1st Cir.· 1987-04-06 ·cited 14×
  The court held that the appeal of the remand order is unreviewable, the claims for equitable relief were moot, and the damage claims were premature due to failure to exhaust state remedies.
• Lappe v. Loeffelholz
  815 F.2d 1173· 8th Cir.· 1987-04-01 ·cited 14×
  The court held that prison officials were protected by qualified immunity because the law regarding the forced administration of psychotropic medication to an inmate on outpatient status was not clearly established at the time of the incident.
• Cinelli v. City OF Revere
  820 F.2d 474· 1st Cir.· 1987-03-20 ·cited 14×
  The court held that a genuine issue of material fact existed regarding whether the defendant suffered prejudice from the communication of his defense strategy to the detectives, thus reversing the grant of summary judgment.
• Palmer v. City OF Decatur
  814 F.2d 426· 7th Cir.· 1987-03-12 ·cited 14×
  The court held that dismissing a pro se, incarcerated plaintiff's case with prejudice for failure to obtain counsel and respond to a motion within a short timeframe, without adequate notice, constituted an abuse of discretion.
• Carlson v. Conklin
  813 F.2d 769· 6th Cir.· 1987-03-12 ·cited 14×
  The court held that a state official's placement of a prisoner in a halfway house, which led to the prisoner assaulting a member of the public, was too remote a consequence to establish a deprivation of constitutional rights under 42 U.S.C. § 1983.
• Fields v. City OF Omaha
  810 F.2d 830· 8th Cir.· 1987-02-09 ·cited 14×
  The court held that the Omaha loitering and prowling ordinance is unconstitutionally vague on its face and that the arresting officer lacked reasonable suspicion to stop the plaintiff, thus violating her constitutional rights.
• Magee v. G.W. Waters
  810 F.2d 451· 4th Cir.· 1987-02-04 ·cited 14×
  The court held that summary judgment for the defendant regarding the plaintiff's claim of constitutionally inadequate jail law library facilities was premature.
• Sullivan v. The City OF Pittsburgh
  811 F.2d 171· 3d Cir.· 1987-01-23 ·cited 14×
  The court held that the federal plaintiffs had standing, the district court did not err in refusing to abstain, the statute of limitations did not bar the claims, and the district court did not violate the Full Faith and Credit Act.
• DOE v. Gaughan
  808 F.2d 871· 1st Cir.· 1986-12-30 ·cited 14×
  The court held that the Massachusetts statutory scheme for civilly committing mentally ill and dangerous individuals to Bridgewater State Hospital, a facility administered by the Department of Correction, did not violate the Due Process or Equal Protection Clauses of the Fourteen
• Phelps v. Washburn Univ. OF Topeka
  807 F.2d 153· 10th Cir.· 1986-12-12 ·cited 14×
  An order awarding attorney's fees is not final for purposes of appeal until the amount of the award is determined.
• Delmus Punton v. The City OF Seattle
  805 F.2d 1378· 9th Cir.· 1986-12-09 ·cited 14×
  The Washington state court judgment reinstating Punton and awarding back pay does not preclude him from bringing a separate § 1983 action for damages and attorney's fees.
• Cameron v. Fogarty
  806 F.2d 380· 2d Cir.· 1986-12-01 ·cited 14×
  A conviction for the offense for which a person was arrested bars a subsequent civil suit under 42 U.S.C. § 1983 alleging arrest without probable cause, based on common-law principles incorporated into § 1983.
• Moody v. Town OF Weymouth
  805 F.2d 30· 1st Cir.· 1986-11-13 ·cited 14×
  The court held that the plaintiff received sufficient procedural due process because state law provided an adequate avenue to challenge the retirement board's decision, and a contractual dispute does not constitute a due process violation.
• Kirkpatrick v. The City OF LOS Angeles
  803 F.2d 485· 9th Cir.· 1986-10-24 ·cited 14×
  Investigative strip searches of police officers require reasonable suspicion that evidence will be uncovered, and the officers' right to be free from such searches without suspicion was not clearly established in 1981, granting qualified immunity to the individual officers.
• Perlman v. City OF Chicago
  801 F.2d 262· 7th Cir.· 1986-09-10 ·cited 14×
  The court held that the Franks v. Delaware standard applies in civil § 1983 actions alleging false warrant affidavits and that the plain view doctrine permitted the seizure of jewelry based on probable cause, even if not all items were definitively known to be stolen.
• Miener v. State OF Mo.
  800 F.2d 749· 8th Cir.· 1986-09-04 ·cited 14×
  Compensatory educational services are recoverable under the EHA as appropriate relief, but claims under the Rehabilitation Act and § 1983 for EHA violations are precluded by Smith v. Robinson, and a due process claim requires demonstrable injury.
• Monaghan v. Deakins
  798 F.2d 632· 3d Cir.· 1986-07-31 ·cited 14×
  The court held that Younger abstention did not require dismissal of the plaintiffs' claims for damages and return of property, but affirmed the denial of a preliminary injunction.
• Kaplan v. Clear Lake City Water Auth.
  794 F.2d 1059· 5th Cir.· 1986-07-23 ·cited 14×
• Davis v. Robbs
  794 F.2d 1129· 6th Cir.· 1986-07-09 ·cited 14×
  The court held that the seizure of the plaintiff's rifle was not justified under the search incident to arrest exception to the Fourth Amendment's warrant requirement.
• DeVARGAS v. Montoya
  796 F.2d 1245· 10th Cir.· 1986-07-08 ·cited 14×
  The court held that the plaintiff's federal claims were barred by the statute of limitations and res judicata, affirming the district court's dismissal.
• Strandberg v. The City OF Helena
  791 F.2d 744· 9th Cir.· 1986-06-10 ·cited 14×
  The court held that the district court properly dismissed the decedent's civil rights claims based on the first and sixth amendments and the equal protection clause, and that Montana law is no longer relevant to a federal constitutional claim based on negligent conduct of a jaile
• Freeman v. Blair
  793 F.2d 166· 8th Cir.· 1986-06-04 ·cited 14×
  The court held that the officials were not entitled to absolute immunity for decisions to inspect without a warrant or for license suspensions, and that the law regarding warrantless administrative searches and due process for license suspensions was clearly established, thus den