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

• Walls v. Miss. State Dep't OF Pub. Welf.
  730 F.2d 306· 5th Cir.· 1984-04-23 ·cited 14×
  The court held that while educational requirements were job-related and not discriminatory, written examinations and selection from eligibility certificates did have a disparate impact on black applicants, violating Title VII. The court reversed certain injunctive relief and cost
• Philly's v. Byrne
  732 F.2d 87· 7th Cir.· 1984-04-19 ·cited 14×
  The court held that the local option provision is a valid legislative enactment, not an unconstitutional delegation of authority, and does not violate due process.
• REY v. City OF Fredericktown
  729 F.2d 1171· 8th Cir.· 1984-03-16 ·cited 14×
  The court held that the venue transfer was proper and that sufficient evidence existed to support the jury's verdict, denying the plaintiff's claims.
• Dobson v. D.R. Camden
  725 F.2d 1003· 5th Cir.· 1984-02-27 ·cited 14×
  The court held that there was no joint liability between Denny's and Officer Camden for the injuries caused by excessive force, and therefore, the settlement with Denny's should not be credited against the damage verdict awarded against Camden.
• Neola N. Howard v. Fortenberry
  723 F.2d 1206· 5th Cir.· 1984-02-02 ·cited 14×
  Summary judgment for most defendants is affirmed, but reversed and remanded for the Director of Corrections and the sanitarians due to disputed material facts regarding their duties and potential breaches.
• L.R. Bretz v. Zollie Kelman
  722 F.2d 503· 9th Cir.· 1983-12-20 ·cited 14×
  The court held that an alleged plan to prosecute a person, including witness coercion and falsifying evidence, does not state an actionable wrong under 42 U.S.C. § 1983 if it fails to allege the violation of a constitutionally protected interest.
• Merritt v. Lt. Alfredo DE LOS Santos
  721 F.2d 598· 7th Cir.· 1983-11-17 ·cited 14×
  The court held that a prison official who supervised an incident, ordered actions, and wrote an incident report was too involved to sit on the disciplinary committee hearing charges related to that incident, violating the inmate's due process right to an impartial decision maker.
• Hosea Simmons and Andrea Williams v. William Ryan Drew & the Hous. Auth. of the City of Milwaukee
  716 F.2d 1160· 7th Cir.· 1983-09-12 ·cited 14×
  A public housing agency must provide a hearing before expelling a participant from a rent assistance program if it cannot make retroactive payments for benefits lost during the expulsion period.
• Kirksey v. City OF Jackson
  714 F.2d 42· 5th Cir.· 1983-09-09 ·cited 14×
  A motion to reopen a case under Fed. R. Civ. P. 60(b)(5) is inappropriate if the prior judgment of dismissal is not prospective in effect, meaning it does not bar future actions due to changes in law.
• Darline J. Anderson and James Q. Anderson v. Boyd
  714 F.2d 906· 9th Cir.· 1983-08-30 ·cited 14×
  Parole officials are absolutely immune for quasi-judicial functions like granting or revoking parole, but not for the knowing dissemination of false information to outside parties.
• Wall v. Nat'l R.R. Passenger Corp.
  718 F.2d 906· 9th Cir.· 1983-08-16 ·cited 14×
  The court held that a jury demand on a civil cover sheet is insufficient under Rule 38(b) and that the district court did not abuse its discretion in denying a late jury trial request.
• Shell Petroleum, N.V. v. Graves
  709 F.2d 593· 9th Cir.· 1983-06-30 ·cited 14×
  A foreign corporation shareholder lacks standing to challenge state tax assessments when the injury is not direct and independent of the corporation, and the controversy is not ripe due to ongoing administrative proceedings offering plain, speedy, and efficient state remedies.
• Thournir v. Buchanan
  710 F.2d 1461· 10th Cir.· 1983-06-28 ·cited 14×
  The appellate court dismissed the appeal of the denial of a preliminary injunction as moot because the election had already occurred, and the court declined to address the merits of the constitutional claim.
• Malone v. Colyer
  710 F.2d 258· 6th Cir.· 1983-06-22 ·cited 14×
  The court held that a pro se complaint is frivolous under 28 U.S.C. § 1915(d) if it appears beyond doubt that the plaintiff can prove no set of facts entitling them to relief, adopting the standard from Estelle v. Gamble. The court found the claims regarding jail conditions and a
• Oss Smith, Jr. v. Martinez
  706 F.2d 572· 5th Cir.· 1983-06-06 ·cited 14×
  The court held that the trial court did not abuse its discretion in requiring a prisoner to pay partial filing and service fees totaling $3.00 from his prison account.
• Dobson v. D.R. Camden
  705 F.2d 759· 5th Cir.· 1983-05-26 ·cited 14×
  The dissenting judge argues the majority erred in rejecting the one-satisfaction rule for § 1983 cases, creating a new tort scheme without authority and misinterpreting deterrence principles.
• Palmigiano v. Garrahy
  707 F.2d 636· 1st Cir.· 1983-05-23 ·cited 14×
  The court held that out-of-pocket expenses incurred by attorneys are recoverable as part of attorney's fees under 42 U.S.C. § 1988.
• Alexander v. Alexander
  706 F.2d 751· 6th Cir.· 1983-05-03 ·cited 14×
  The court held that the burden of pleading and proving qualified immunity rests with the defendant official, and that the district court erred by placing this burden on the plaintiff. The court also held that the plaintiff failed to establish a sufficient causal nexus for claims
• Grimm v. Q.V. Leinart and Ernest Phillips
  705 F.2d 179· 6th Cir.· 1983-04-19 ·cited 14×
  The court held that the district court's jury instruction on punitive damages was erroneous because it applied a higher standard than required by Smith v. Wade, and therefore reversed the award of punitive damages.
• Vela v. White
  703 F.2d 147· 5th Cir.· 1983-04-18 ·cited 14×
  The court affirmed the district court's findings, holding that some plaintiffs were unlawfully arrested without probable cause and deprived of due process, while others were lawfully arrested or their claims failed.
• Abdul Shah v. T.D. Hutto
  704 F.2d 717· 4th Cir.· 1983-04-04 ·cited 14×
  The court held that the 1979 amendment to Rule 4(a)(5) requires a formal motion for an extension of time to file a notice of appeal, and an untimely notice of appeal cannot be treated as such a motion.
• Lancaster v. Rodriguez
  701 F.2d 864· 10th Cir.· 1983-03-08 ·cited 14×·via 42 U.S.C. § 1983 Claim
  A plaintiff seeking damages under § 1983 must prove actual injury; in the absence of such proof, only nominal damages are recoverable, even for Eighth Amendment violations.
• Mosby v. Mabry
  697 F.2d 213· 8th Cir.· 1982-12-30 ·cited 14×
  The court held that the district court did not err in dismissing the inmate's four lawsuits and did not abuse its discretion in denying his requests for witnesses and counsel.
• Stewart v. Aileene Love
  696 F.2d 43· 6th Cir.· 1982-12-22 ·cited 14×
  The court held that the district court did not abuse its discretion in dismissing the inmate's complaint for lack of merit, as the alleged failure to protect did not rise to the level of deliberate indifference or gross negligence required for an Eighth Amendment violation.
• Silverman v. Ballantine
  694 F.2d 1091· 7th Cir.· 1982-12-08 ·cited 14×
  Summary judgment for defendants is affirmed because officers had probable cause to arrest for obstruction of process, used reasonable force, and provided adequate medical attention.
• Thomas v. Sellers
  691 F.2d 487· 11th Cir.· 1982-11-08 ·cited 14×
  The court held that the Alabama parole statutes do not create a liberty interest, and the Board's action in rescheduling a parole hearing was within its statutory discretion.
• Morrell v. The City OF Picayune
  690 F.2d 469· 5th Cir.· 1982-11-01 ·cited 14×
  The court held that the one-year statute of limitations for assault and battery does not apply to actions for breach of official duty by police officers.
• Perkins v. The Bd. OF Directors OF Sch. Admin. Dist. NO. 13
  686 F.2d 49· 1st Cir.· 1982-08-13 ·cited 14×
  A continuing contract teacher in Maine does not possess a constitutionally protected property interest in contract renewal under 20 Me.Rev.Stat.Ann. § 161(5) absent an express 'for cause' requirement.
• McCLURE v. Cywinski
  686 F.2d 541· 7th Cir.· 1982-08-12 ·cited 14×
  A jury verdict for a plaintiff in a section 1983 discharge case cannot stand if the plaintiff fails to prove that protected activity was a motivating factor in the discharge, or that the employer would not have discharged the employee absent the protected activity, or that the de
• Anton J. Miller v. The Wash. State BAR Ass'n
  679 F.2d 1313· 9th Cir.· 1982-06-22 ·cited 14×
• Erdelyi v. O'Brien
  680 F.2d 61· 9th Cir.· 1982-06-21 ·cited 14×
  The court held that an applicant for an initial concealed weapon license does not possess a property or liberty interest protected by the Due Process Clause when the issuing authority has discretion to deny the license.
• Hoover v. Knight
  678 F.2d 578· 5th Cir.· 1982-06-14 ·cited 14×
  The court held that the refusal to postpone an administrative hearing pending the outcome of a related criminal prosecution did not unconstitutionally impair the appellee's Fifth Amendment privilege against compelled self-incrimination.
• Powell v. Shopco Laurel Co. & Robert K. Skeen
  678 F.2d 504· 4th Cir.· 1982-05-18 ·cited 14×
  A private employer cannot be held liable under 42 U.S.C. § 1983 solely on the basis of respondeat superior.
• Engblom v. Carey
  677 F.2d 957· 2d Cir.· 1982-05-03 ·cited 14×
  The court held that the Third Amendment's protection against quartering troops extends to individuals with a lawful occupation or possession interest in a house, not just fee simple owners. It also held that while the state's emergency justified summary eviction without pre-depri
• Tymiak v. Omodt
  676 F.2d 306· 8th Cir.· 1982-04-27 ·cited 14×
  The court held that a sheriff acting under a court order is immune from a § 1983 suit, and that Tymiak failed to state a claim against other defendants for acting under color of state law.
• McGOVERN v. Sullins
  676 F.2d 98· 4th Cir.· 1982-04-01 ·cited 14×
  The court held that a plaintiff must exhaust administrative remedies under the Education for All Handicapped Children Act before filing suit in federal court, and a § 1983 claim cannot be used to circumvent this requirement.
• William and Mary Lou Castorr v. Brundage
  674 F.2d 531· 6th Cir.· 1982-03-23 ·cited 14×
  The court affirmed the district court's dismissal, holding that federal courts should not intervene in child custody disputes, claims were barred by res judicata, and judicial immunity and the Eleventh Amendment protected state officials and agencies.
• Robert M. v. Benton
  671 F.2d 1104· 8th Cir.· 1982-02-24 ·cited 14×
  The court affirmed the district court's award of attorney's fees, finding that fees were recoverable under 42 U.S.C. § 1988 and that the amount awarded was not an abuse of discretion.
• Darbin v. Nourse
  664 F.2d 1109· 9th Cir.· 1981-12-28 ·cited 14×
  The court held that the trial court abused its discretion and violated Rule 47(a) by failing to adequately probe prospective jurors for bias regarding law enforcement officers' testimony.
• Blake v. Hall
  668 F.2d 52· 1st Cir.· 1981-12-18 ·cited 14×
  The court held that the district court erred in finding no constitutional violations regarding cell block conditions and the New Man's Section, and that inmate conduct does not absolve the prison administration of its responsibility to maintain constitutional conditions.
• Allaire v. Lorene L. Rogers
  658 F.2d 1055· 5th Cir.· 1981-10-13 ·cited 14×
  The court held that the district court's finding of no retaliatory intent was clearly erroneous with respect to Professor White, but not clearly erroneous with respect to Professors Shepley and Gavenda.
• Burton Donald Woods v. Dugan
  660 F.2d 379· 8th Cir.· 1981-10-01 ·cited 14×
  The court held that a motion to dismiss treated as a summary judgment motion requires giving all parties a reasonable opportunity to present evidence. The district court erred by dismissing the complaint without providing such an opportunity.
• Nevels v. Hanlon
  656 F.2d 372· 8th Cir.· 1981-08-19 ·cited 14×
  The court held that the Commissioner's ex parte communications denied the employee due process, but the award of back pay was barred by the Eleventh Amendment.
• Ernie H. McMILLIAN v. City OF Rockmart
  653 F.2d 907· 5th Cir.· 1981-08-06 ·cited 14×
  The court held that the district court correctly applied Georgia's two-year statute of limitations for personal injuries to the appellant's 42 U.S.C. § 1983 claim, and that the claim was time-barred.
• Dommer v. Crawford
  653 F.2d 289· 7th Cir.· 1981-07-07 ·cited 14×
  The court held that the prosecuting attorney cannot be held liable under 42 U.S.C. § 1983 for unlawful detention exceeding 24 hours because Indiana law vests the duty to bring arrestees before a magistrate within statutory limits solely with the city police, not the prosecutor.
• Giulini v. Blessing
  654 F.2d 189· 2d Cir.· 1981-07-02 ·cited 14×
  The court held that the district court erred in dismissing the civil rights complaint for lack of subject matter jurisdiction, but that abstention under Younger v. Harris was appropriate for declaratory and injunctive relief due to pending state criminal proceedings.
• McCORMICK v. Edwards
  646 F.2d 173· 5th Cir.· 1981-05-28 ·cited 14×
  The majority holds that the discharge for political activism was permissible, relying on cases upholding statutory prohibitions of partisan political activities. The dissenting judge disagrees, finding the district court's factual determination that the employee's political activ
• Cramer v. Crutchfield
  648 F.2d 943· 4th Cir.· 1981-05-12 ·cited 14×
  The court held that the plaintiff's claim under 42 U.S.C. § 1983 for unlawful search and seizure was barred by the statute of limitations, and his claims for malicious prosecution and abuse of process, both under § 1983 and common law, failed to state a valid cause of action.
• Stevens v. Hunt
  646 F.2d 1168· 6th Cir.· 1981-04-20 ·cited 14×
  The court held that the academic dismissals did not violate substantive due process because the students failed to establish a property right or that the University's actions were arbitrary and capricious.
• Krause v. Rhodes
  640 F.2d 214· 6th Cir.· 1981-03-27 ·cited 14×
  A federal district court has the equitable power to supervise and limit attorneys' fees derived from contingent fee contracts, especially when necessary to effectuate a settlement and ensure fairness to litigants.