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

• Crossman v. MacCoccio
  792 F.2d 1· 1st Cir.· 1986-05-21 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that a judgment is final for appeal purposes even if costs and attorney's fees have not been determined, especially when such fees are collateral to the main action.
• Bass v. Jackson
  790 F.2d 260· 2d Cir.· 1986-05-13 ·cited 14×
  The court held that the plaintiff's allegations, liberally construed, stated a claim for deliberate indifference to a known risk of harm and that the complaint sufficiently implicated supervisory officers Waters and Spinner in this claim.
• Alexander v. City OF Menlo Park
  787 F.2d 1371· 9th Cir.· 1986-04-24 ·cited 14×
  The court held that the plaintiff was denied procedural due process by the City's failure to inform him of his bumping rights, but that his Title VII claims failed due to lack of evidence. The court also vacated the attorney's fees award.
• Muckway v. Vance Craft
  789 F.2d 517· 7th Cir.· 1986-04-23 ·cited 14×
  A plaintiff alleging a violation of state law through a government entity's failure to enforce that law must demonstrate intentional, purposeful discrimination and a denial of a right secured by the federal constitution to state a federal equal protection claim.
• Billy K. Banks v. Burkich
  788 F.2d 1161· 6th Cir.· 1986-04-18 ·cited 14×
  Federal courts possess the equitable power to order reinstatement for employees unlawfully discharged or demoted due to constitutionally protected activities, and such power is not limited by state law or potential workplace friction.
• Sharpley v. C.W. Davis
  786 F.2d 1109· 11th Cir.· 1986-04-15 ·cited 14×
  Federal courts must give full faith and credit to state court judgments, precluding litigation of issues that were or could have been raised in state proceedings.
• Checki v. Webb
  785 F.2d 534· 5th Cir.· 1986-03-24 ·cited 14×
  The court held that the claim arose in both the Eastern and Middle Districts of Louisiana, making venue proper in the Eastern District where the suit was filed.
• Ardith McPherson v. Rankin
  786 F.2d 1233· 5th Cir.· 1986-03-19 ·cited 14×
  A government employee's ministerial role and the triviality of potential disruption outweigh the government's interest in terminating employment for a statement expressing a wish for the President's assassination, even if the statement is considered a genuine wish.
• Thomas v. Harris Cnty.
  784 F.2d 648· 5th Cir.· 1986-03-10 ·cited 14×
  The court held that summary judgment was inappropriate regarding the retaliatory transfer claim and conspiracy allegations against most defendants, as genuine issues of material fact exist. However, summary judgment was affirmed for the claims against Harris County and John Holme
• Rettig v. Kent City Sch. Dist.
  788 F.2d 328· 6th Cir.· 1986-03-10 ·cited 14×
  A regulation mandating "equal opportunity" for handicapped children in extracurricular activities conflicts with the Education for All Handicapped Children Act's standard of providing a "free appropriate public education" reasonably calculated to benefit the child.
• Mann v. Jett
  781 F.2d 1448· 9th Cir.· 1986-02-10 ·cited 14×
  The court held that abstention is appropriate in this case because the appellant can adequately litigate his claim in the ongoing state criminal proceedings.
• DeNARDO v. Murphy
  781 F.2d 1345· 9th Cir.· 1986-01-30 ·cited 14×
  The court held that the plaintiff's civil rights claim was barred by the statute of limitations and affirmed the district court's injunction against relitigating the claim.
• Scarpa v. Murphy
  782 F.2d 300· 1st Cir.· 1986-01-28 ·cited 14×
  The court held that the postal service's delay constituted excusable neglect or good cause for extending the time to file a notice of appeal.
• Thomas S. v. Morrow
  781 F.2d 367· 4th Cir.· 1986-01-09 ·cited 14×
  The court held that the district court properly applied Youngberg v. Romeo principles to order the state to provide minimally adequate treatment and training for an incompetent adult ward of the state, relying on professional recommendations.
• McFARLAND v. Cassady
  779 F.2d 1426· 9th Cir.· 1986-01-07 ·cited 14×
  The court held that summary judgment was improperly granted regarding the denial of good-time credits because the record did not sufficiently explain why the inmate was denied the opportunity to present witnesses, which is a due process requirement.
• Shelby v. J.D. McADORY
  781 F.2d 1053· 5th Cir.· 1986-01-07 ·cited 14×
  The court held that the plaintiff's civil rights claim was time-barred by the one-year statute of limitations for § 1983 actions in Mississippi.
• Ayers v. Coughlin
  780 F.2d 205· 2d Cir.· 1985-12-26 ·cited 14×
  The court held that material issues of fact existed regarding the defendant correctional officer's deliberate indifference to known threats against the plaintiff, precluding summary judgment. Claims against supervisory officials were properly dismissed for lack of personal involv
• Hayes v. Vessey
  777 F.2d 1149· 6th Cir.· 1985-11-29 ·cited 14×
  The court held that the rape was too remote a consequence of the defendant's actions to establish proximate cause for an equal protection claim, and that the plaintiff's other constitutional claims were barred by the Parratt rule due to adequate post-deprivation remedies.
• Cook v. Peter Kiewit Sons Co.
  775 F.2d 1030· 9th Cir.· 1985-10-31 ·cited 14×
  The court held that a district court retains jurisdiction to enjoin repetitive litigation of issues previously adjudicated, even if the current suit is dismissed for lack of subject matter jurisdiction, and that attorney fees were properly awarded for frivolous filings.
• Carbonell v. La. Dept. OF Health & Human Res.
  772 F.2d 185· 5th Cir.· 1985-10-03 ·cited 14×
  The court affirmed the dismissal of all claims, finding no merit in the § 1981 claim, lack of jurisdiction for the § 1983 claim, and no evidence of discrimination for the Title VII claim.
• Walje v. The City OF Winchester
  773 F.2d 729· 6th Cir.· 1985-09-30 ·cited 14×
  The court held that general damages are available for violations of substantive constitutional rights, even without proof of actual injury, and that attorney fee awards must be explained with sufficient specificity.
• Wright v. City of Roanoke Redev. & Hous. Auth.
  771 F.2d 833· 4th Cir.· 1985-08-26 ·cited 14×
  The court held that the analysis for a § 1983 cause of action is distinct from the analysis for an implied private right of action, and the district court erred by conflating them.
• Bodzin v. City OF Dallas
  768 F.2d 722· 5th Cir.· 1985-08-19 ·cited 14×
  The court held that the officers had probable cause to arrest the appellant for criminal trespass, rendering the arrest lawful and barring all subsequent claims.
• Miami Herald Publ'g Co. v. Ferre
  636 F. Supp. 970· S.D. Fla.· 1985-08-15 ·cited 14×
  The court held that it had jurisdiction over the defendant's counterclaim and that each count of the counterclaim failed to state a claim upon which relief could be granted.
• Gearhart v. Thorne
  768 F.2d 1072· 9th Cir.· 1985-08-13 ·cited 14×
  The court held that an Oregon state employee's internal grievances regarding personal matters and performance evaluations do not constitute constitutionally protected speech or property interests, and that the employee received adequate due process through grievance procedures.
• Rev. Kinnith R. Nicholson v. Rushen
  767 F.2d 1426· 9th Cir.· 1985-08-09 ·cited 14×·via 42 U.S.C. § 1983 Claim
  The court held that a civil litigant generally has no constitutional right to effective assistance of counsel, and a magistrate did not abuse discretion in excluding hearsay evidence.
• Riverview Invs., Inc. v. Ottawa Cmty. Improvement Corp.
  769 F.2d 324· 6th Cir.· 1985-07-31 ·cited 14×
  The court held that plaintiff's procedural due process claim was properly dismissed, but remanded the antitrust claim for further consideration of the state action exemption.
• Hibma v. Odegaard
  769 F.2d 1147· 7th Cir.· 1985-07-30 ·cited 14×
  The court held that the evidence of sexual assault should have been admitted and that the foreseeability of such assault is a jury question, not a matter of law for superseding cause.
• Gregory v. Warden Calvin Auger
  768 F.2d 287· 8th Cir.· 1985-07-24 ·cited 14×
  The court held that the prison's mail restrictions for inmates in disciplinary detention were constitutionally permissible under the First Amendment, but affirmed the district court's grant of injunctive relief requiring specific procedural due process protections for withheld ma
• Creighton v. The City OF ST. Paul
  766 F.2d 1269· 8th Cir.· 1985-07-12 ·cited 14×
  The court held that summary judgment was improperly granted because there are genuine disputes of material fact regarding probable cause and exigent circumstances, and thus the defendant is not entitled to qualified immunity at this stage.
• Jewell Nephew v. City OF Aurora
  766 F.2d 1464· 10th Cir.· 1985-07-10 ·cited 14×
  In a § 1983 case seeking monetary damages, attorney's fees awarded to prevailing plaintiffs must be reduced when they recover only nominal damages, reflecting their limited success.
• Lowell Peterson v. Lindner
  765 F.2d 698· 7th Cir.· 1985-06-25 ·cited 14×
  The court held that the district court correctly determined that the Wisconsin statutes freezing court reporter salaries based on prior county supplements were rationally related to legitimate state interests, and thus did not violate the Equal Protection Clause.
• Crawford v. Edmonson
  764 F.2d 479· 7th Cir.· 1985-06-13 ·cited 14×
  The court held that the trial court did not abuse its discretion in admitting evidence of the deceaseds' prior misconduct and the testimony of a robbery victim, nor did it err in denying a motion for a directed verdict on liability for the shooting of one of the deceaseds.
• Steinle v. Warren
  765 F.2d 95· 7th Cir.· 1985-06-13 ·cited 14×
  The court held that the district court properly granted summary judgment because the appellant failed to produce admissible evidence creating a genuine issue of material fact and the claim was time-barred. The court also affirmed the award of attorney fees and expenses.
• Henderson v. Gavino Sotelo
  761 F.2d 1093· 5th Cir.· 1985-06-03 ·cited 14×
  The court held that the appellant had no property interest in his employment because the City Charter and Personnel Policy Manual did not create an entitlement to continued employment absent good cause for termination.
• Vincente Serrano Garcia v. Cecos Int'l, Inc.
  761 F.2d 76· 1st Cir.· 1985-05-15 ·cited 14×
  The court held that the Resource Conservation and Recovery Act (RCRA) requires sixty days' actual notice to the Administrator before filing a citizen suit, and that RCRA's comprehensive scheme forecloses claims under 42 U.S.C. § 1983.
• Wagner v. Higgins
  754 F.2d 186· 6th Cir.· 1985-02-08 ·cited 14×
  The court held that the plaintiff's claims, including those for theft of property, were properly dismissed because they were subject to the Parratt doctrine, which requires exhaustion of state post-deprivation remedies for random and unauthorized deprivations of property.
• Garcia Jay Wright v. Collins
  766 F.2d 841· 4th Cir.· 1985-01-07 ·cited 14×
  A pro se litigant must receive fair notification of the consequences of failing to object to a magistrate's report before that failure will waive their right to appeal. Res judicata does not bar an individual damages claim if the prior class action notice did not inform class mem
• Aki Saad El'amin v. Pearce
  750 F.2d 829· 10th Cir.· 1984-12-21 ·cited 14×
  The district court improperly dismissed the claim of excessive force by prison officers, as it made factual findings beyond the scope of the Martinez inquiry. However, the dismissal of the claim for denial of medical treatment was proper, as a mere difference of opinion or medica
• Gabor G. Kovats v. Rutgers
  749 F.2d 1041· 3d Cir.· 1984-12-04 ·cited 14×
  The court held that the district court erred in giving preclusive effect to the state court decision because the state court did not resolve the state law issue of whether a property interest in tenure existed, and instead relied on procedural grounds.
• Casagrande v. Agoritsas
  748 F.2d 47· 1st Cir.· 1984-11-19 ·cited 14×
  The court held that the instant action is barred under principles of res judicata because the claims raised were substantially the same as those litigated in state court.
• Evers v. The Cnty. OF Custer
  745 F.2d 1196· 9th Cir.· 1984-10-22 ·cited 14×
  The court held that the County's issuance of a "Declaration of Public Road" without prior notice and an opportunity for the landowner to be heard constituted a deprivation of property without due process, and that the County could be liable under § 1983. However, the Commissioner
• DeLANCY v. Caldwell
  741 F.2d 1246· 10th Cir.· 1984-08-29 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Action
  A prisoner's claim for damages due to an excessive delay in obtaining a trial transcript is not mooted by the subsequent provision of the transcript.
• Fitzgerald v. Larson
  741 F.2d 32· 3d Cir.· 1984-08-20 ·cited 14×
  The court held that a claim for wrongful discharge in violation of First Amendment rights is primarily economic in nature and therefore governed by Pennsylvania's six-year residuary statute of limitations, not the two-year personal injury statute.
• Briseno v. Cent. Tech. Cmty. Coll. Area
  739 F.2d 344· 8th Cir.· 1984-07-17 ·cited 14×
  The court held that the defendants intentionally discriminated against the plaintiff based on national origin, affirming the finding of liability but modifying the awarded relief.
• Pinto v. Nettleship
  737 F.2d 130· 1st Cir.· 1984-06-21 ·cited 14×
  Summary judgment for the defendant superintendent was proper because the plaintiffs failed to raise a genuine issue of material fact regarding his personal involvement in the deprivation of the decedent's constitutional rights, as liability under § 1983 requires personal action o
• Woodard v. LOS Fresnos Indep. Sch. Dist.
  732 F.2d 1243· 5th Cir.· 1984-05-29 ·cited 14×·via Section 1983
  A high school student's request for corporal punishment instead of suspension, even if a deviation from school rules, does not constitute a denial of constitutional rights if state courts provide adequate remedies.
• Fields v. Gander
  734 F.2d 1313· 8th Cir.· 1984-05-23 ·cited 14×
  The court held that genuine issues of material fact exist regarding the sheriff's deliberate indifference to a prisoner's serious dental needs, precluding summary judgment.
• DeSPAIN v. Marlin Johnston
  731 F.2d 1171· 5th Cir.· 1984-05-11 ·cited 14×
  The court held that the federal district court should have abstained under the Younger doctrine because a state judicial proceeding was ongoing, implicated important state interests, and offered an adequate opportunity to raise constitutional challenges.
• Benson v. Scott
  7th Cir.· 1984-05-09 ·cited 14×
  The court held that material questions of fact exist regarding Benson's due process claim, precluding summary judgment and requiring remand.