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

• Azalean Stallworth v. City OF Cleveland
  893 F.2d 830· 6th Cir.· 1990-01-11 ·cited 13×
  The court affirmed the lower court's decision regarding vicarious liability and damages but reversed the award of prejudgment interest.
• Sable Commc'ns OF Cal., Inc. v. Pac. Tel. & Tel. Co.
  890 F.2d 184· 9th Cir.· 1989-11-22 ·cited 13×
  The court held that a case or controversy existed, Pacific Bell acted under color of state law, and abstention was not required. However, the CPUC is immune from suit under section 1983, and the attorney fee award must be reallocated between defendants.
• Hansen v. Black
  885 F.2d 642· 9th Cir.· 1989-09-19 ·cited 13×
  Summary judgment for the arresting officers is reversed because a genuine issue of material fact exists regarding whether Hansen's conduct violated a city ordinance and whether excessive force was used. Summary judgment for the Chief of Police and the City Prosecutor is affirmed
• Risinger v. Ohio Bureau OF Workers' Comp. & Barbara Riley
  883 F.2d 475· 6th Cir.· 1989-08-24 ·cited 13×
  The Sixth Circuit held that the district court clearly erred in finding that the plaintiff failed to establish a prima facie case of a racially hostile work environment, reversing the dismissal and remanding for further proceedings.
• Frank "Rocky" Barilla v. Ervin
  886 F.2d 1514· 9th Cir.· 1989-07-13 ·cited 13×
  The court held that the claims of plaintiff Glancy were moot due to intervening statutory amendments, but the claims of plaintiffs Barilla, Fore, and Knight were not moot and were capable of repetition, yet evading review. The court affirmed the district court's judgment for the
• Connelly v. Comptroller OF THE Currency
  876 F.2d 1209· 5th Cir.· 1989-07-07 ·cited 13×
  The court held that the Comptroller's officials are entitled to qualified immunity because the alleged violations of Connelly's constitutional rights were not based on clearly established law, and the Privacy Act does not create individual liability for damages.
• Rosenstein v. The City OF Dallas
  876 F.2d 392· 5th Cir.· 1989-06-28 ·cited 13×
  The court held that a discharged public employee denied a name-clearing hearing for defamatory charges has a claim under § 1983 for deprivation of liberty, and damages for reputational harm are recoverable. Slander claims against the city are barred by governmental immunity.
• Plaza Health Labs., Inc. v. Perales
  878 F.2d 577· 2d Cir.· 1989-06-21 ·cited 13×
  The court held that the district court did not abuse its discretion in denying Plaza's motion for a preliminary injunction, as Plaza failed to demonstrate a likelihood of success on the merits of its due process and ex post facto claims.
• Falls v. Town OF Dyer
  875 F.2d 146· 7th Cir.· 1989-05-22 ·cited 13×
  The court held that a plaintiff can state a claim under 42 U.S.C. § 1983 for selective enforcement of a facially neutral ordinance if they can prove they were singled out for reasons other than legitimate governmental concerns.
• Weimer v. Amen
  870 F.2d 1400· 8th Cir.· 1989-03-23 ·cited 13×
  The court held that the plaintiff's claims of procedural and substantive due process violations failed to state a claim cognizable under 42 U.S.C. § 1983 because the alleged fraudulent actions by state officials were random and unauthorized, and thus the state's post-deprivation
• Robinson v. Block
  869 F.2d 202· 3d Cir.· 1989-02-28 ·cited 13×
  The court held that the "same address" test used by the DPW to presume siblings lived together for food stamp purposes was an impermissible interpretation of the Food Stamp Act. It also held that the dismissal of third-party verification claims and denial of leave to amend were e
• Mustafa Nasir Saleem v. Evans
  866 F.2d 1313· 11th Cir.· 1989-02-27 ·cited 13×
• Gilmere v. City OF Atlanta
  864 F.2d 734· 11th Cir.· 1989-01-30 ·cited 13×
  The court held that in a § 1983 wrongful death case, federal courts must apply state law for damages unless inconsistent with federal law, and the district court's award was inadequate.
• Zook v. Brown
  865 F.2d 887· 7th Cir.· 1989-01-17 ·cited 13×
  The court held that Standard 2.19 of the Sheriff's Department Operating Procedures Manual is constitutional both on its face and as applied to Deputy Zook, and that the application of Standard 4.4 was unconstitutional. The court also affirmed the denial of a jury trial for damage
• McDONALD v. Armontrout
  860 F.2d 1456· 8th Cir.· 1988-11-09 ·cited 13×
  The court held that the district court did not abuse its discretion in awarding attorney fees, affirming the hourly rates, compensation for monitoring, and inclusion of habeas corpus work.
• Edwards v. City OF Philadelphia & Officer Haworth
  860 F.2d 568· 3d Cir.· 1988-10-25 ·cited 13×·via 42 U.S.C. § 1983 Claim
  The court held that the plaintiff bears the burden of proving excessive force as an element of a § 1983 claim, and that a "Golden Rule" argument by defense counsel, while improper, was cured by the district court's final jury instructions.
• Mullen v. Princess Anne Volunteer Fire Co., Inc.
  853 F.2d 1130· 4th Cir.· 1988-08-09 ·cited 13×
  The court held that while the exclusion of evidence of racial slurs was improper, it did not affect the substantial rights of the parties given the overwhelming evidence of the plaintiff's physical unsuitability for the job.
• Murphy v. City OF Flagler Beach
  846 F.2d 1306· 11th Cir.· 1988-06-10 ·cited 13×
  The court held that a federal rule of mitigation of damages applies in 42 U.S.C. § 1983 actions, and the jury's calculation of damages was not subject to review for clear error.
• Webster v. Sowders
  846 F.2d 1032· 6th Cir.· 1988-05-18 ·cited 13×
  The court held that interim attorney fees and expert monitor costs awarded without findings on liability are not appealable interlocutorily and must be reversed and remanded. The court also held that a district court cannot impose Rule 11 sanctions for filing an appeal.
• Lewellen v. Raff
  843 F.2d 1103· 8th Cir.· 1988-04-04 ·cited 13×
  The court held that the district court did not err in granting a preliminary injunction against the state criminal prosecution, but erred in denying absolute prosecutorial immunity for claims arising from electronic surveillance.
• Gorman v. Univ. OF R.I.
  837 F.2d 7· 1st Cir.· 1988-01-19 ·cited 13×
  The court held that the University of Rhode Island's disciplinary hearings did not violate the student's due process rights, reversing the district court's finding of liability.
• Toussaint v. McCARTHY
  826 F.2d 901· 9th Cir.· 1987-09-02 ·cited 13×
  A party is entitled to attorney's fees under 42 U.S.C. § 1988 for partial success on appeal, but the award must be reduced to reflect the limited extent of that success.
• Young v. Biggers
  816 F.2d 216· 5th Cir.· 1987-05-11 ·cited 13×
  The court held that the one-year statute of limitations for § 1983 actions in Mississippi applies retroactively, barring the appellant's suit.
• Johnson v. R.I. Parole Bd. Members
  815 F.2d 5· 1st Cir.· 1987-03-31 ·cited 13×
  State parole board members are entitled to absolute immunity from liability for damages in a § 1983 action for actions taken within the proper scope of their official duties.
• Butler-Bey v. Frey
  811 F.2d 449· 8th Cir.· 1987-02-10 ·cited 13×
  Prison regulations prohibiting headwear, restricting meeting attendance, and limiting funding for religious materials did not violate prisoners' free exercise or equal protection rights, as they were based on legitimate penological and security concerns.
• Lemke v. Cass Cnty.
  846 F.2d 469· 8th Cir.· 1987-02-04 ·cited 13×
  The court affirmed the district court's grant of summary judgment, finding no error in the judgment.
• Robinson v. Pinderhughes
  810 F.2d 1270· 4th Cir.· 1987-01-30 ·cited 13×
  The court held that a § 1983 claim is permissible to enforce a favorable EHA administrative decision when the EHA itself lacks a mechanism for enforcing such decisions. The court affirmed dismissal of the EHA and state law claims because the plaintiffs were not aggrieved parties
• Morfeld v. Kehm
  803 F.2d 1452· 8th Cir.· 1986-10-29 ·cited 13×
  The court held that a directed verdict granted solely on the plaintiff's opening statement, based on the plaintiff's failure to list the defendant as a witness, was an abuse of discretion.
• Am. Booksellers Ass'n, Inc. v. Commonwealth OF Va.
  802 F.2d 691· 4th Cir.· 1986-09-30 ·cited 13×
  The court held that the Virginia amendment restricting display of sexually explicit material to juveniles was facially unconstitutional as overbroad and infringing on First Amendment rights, but reversed the denial of attorneys' fees for the prevailing plaintiffs against the Comm
• Morgan v. United States Postal Serv.
  798 F.2d 1162· 8th Cir.· 1986-08-18 ·cited 13×
  The court held that claims of handicap discrimination against the federal government under § 504 of the Rehabilitation Act require exhaustion of administrative remedies, and the appellant failed to demonstrate that such remedies were inadequate.
• Reeves v. Harrell
  791 F.2d 1481· 11th Cir.· 1986-06-23 ·cited 13×
  The court held that the intervenors' claim to intervention was not frivolous, and therefore attorney's fees should not be assessed against them on that ground.
• Moore v. City OF Paducah
  790 F.2d 557· 6th Cir.· 1986-05-16 ·cited 13×
  The court held that denying a motion to amend a complaint solely based on unjustified delay, without a significant showing of prejudice to the opposing party, constitutes an abuse of discretion.
• ORT v. Dr. Pinchback
  786 F.2d 1105· 11th Cir.· 1986-04-15 ·cited 13×
  A physician contracting with the state to provide medical care to inmates acts under color of state law for purposes of a 42 U.S.C. § 1983 claim. Summary judgment was therefore inappropriate.
• Iacobucci v. City OF Newport
  785 F.2d 1354· 6th Cir.· 1986-03-20 ·cited 13×
  The court held that the fingerprinting ordinance is constitutional as a valid exercise of police power, but the nude dancing ordinance requires further factual determination regarding the city's authority.
• Roberts v. Spalding
  783 F.2d 867· 9th Cir.· 1986-02-24 ·cited 13×
  The court held that the district court did not err in refusing to instruct the jury on the appellant's due process and equal protection theories, and affirmed the denial of attorney's fees.
• Johnson v. Kemp
  781 F.2d 1570· 11th Cir.· 1986-02-14 ·cited 13×
  The court held that the district court abused its discretion in setting a partial filing fee based on the inmate's litigation history without considering good faith and in setting an amount disproportionately high given the inmate's limited financial resources.
• Tarkowski v. Cnty. OF Lake
  775 F.2d 173· 7th Cir.· 1985-10-10 ·cited 13×
  The court held that the district court erred in denying attorney's fees to the prevailing defendants, as the plaintiff's suit was factually baseless and frivolous. The court affirmed the dismissal of the plaintiff's suit.
• Riverview Invs., Inc. v. Ottawa Cmty. Improvement Corp.
  774 F.2d 162· 6th Cir.· 1985-10-09 ·cited 13×
  The court denied a petition for rehearing en banc and issued an order of revision to clarify its prior opinion regarding the state action exemption.
• Colombrito v. Galen G. Kelly
  764 F.2d 122· 2d Cir.· 1985-06-12 ·cited 13×
  The court held that the district court erred in awarding attorney's fees to the defendants because the plaintiff's claims were not frivolous, unreasonable, or groundless, and the stipulation did not waive the right to contest the fee award's appropriateness.
• United States v. Mose Holland
  755 F.2d 253· 2d Cir.· 1985-02-08 ·cited 13×
  The court held that an arrest in a common hallway outside a tenant's apartment does not violate the Fourth Amendment protection against warrantless entry into a suspect's home.
• Raskiewicz v. The Town OF NEW Boston
  754 F.2d 38· 1st Cir.· 1985-02-07 ·cited 13×
  The court held that the plaintiff failed to present genuine issues of material fact to support his federal claims, and thus summary judgment for the defendants was appropriate. The court also affirmed the award of attorneys' fees and costs to the defendants.
• Palmer v. The Dist. Bd. OF Trs. OF ST. Petersburg Junior Coll.
  748 F.2d 595· 11th Cir.· 1984-12-12 ·cited 13×
  The court held that the trial court did not err in granting summary judgment for the defendant on the ADEA and Title VII claims, as the plaintiff failed to present sufficient evidence of age discrimination or that the affirmative action plan was not remedial or was unreasonable.
• Tyler v. Mmes. Pasqua & Toloso
  748 F.2d 283· 5th Cir.· 1984-12-10 ·cited 13×
  The Food Stamp Act does not create a private cause of action for expedited service, nor is such a claim independently actionable under 42 U.S.C. § 1983.
• Daniels v. Woodbury Cnty.
  742 F.2d 1128· 8th Cir.· 1984-09-10 ·cited 13×
  The court held that the district court correctly found due process violations in the administration of the general relief program and affirmed the award of damages, but remanded for a more specific injunction and further findings on eligibility standards.
• Peraza v. Delameter
  722 F.2d 1455· 9th Cir.· 1984-01-03 ·cited 13×
  The court held that the trial court did not abuse its discretion in admitting the police canine policy and evidence of subsequent bad acts, and that the jury instructions were adequate.
• Pirolo v. City OF Clearwater
  711 F.2d 1006· 11th Cir.· 1983-08-12 ·cited 13×
  The court held that the district court erred in granting summary judgment on appellants' section 1983 claims, as issues of material fact remained regarding whether the city violated due process and impaired contractual obligations.
• Flaherty v. Coughlin
  713 F.2d 10· 2d Cir.· 1983-07-21 ·cited 13×
  Summary judgment was improperly granted because the plaintiff's allegations of retaliatory denial of temporary release, supported by circumstantial evidence, raised a colorable suspicion of retaliation that warranted further discovery.
• Crawford v. Janklow
  710 F.2d 1321· 8th Cir.· 1983-06-30 ·cited 13×
  The court held that South Dakota's categorical exclusion of residents of subsidized or public housing from its Low-Income Energy Assistance Program (LIEAP) violated the federal statutory requirement to prioritize assistance to households with the lowest incomes and highest energy
• Hernandez v. City OF Lafayette & Kenneth J. Bowen
  699 F.2d 734· 5th Cir.· 1983-03-07 ·cited 13×·via 42 U.S.C. § 1983 Action
  The court held that while the district court erred in applying federal res judicata principles instead of Louisiana's, the outcome remains the same as Louisiana res judicata also bars the claim. Changed circumstances were not significant enough to overcome res judicata.
• Luria Bros. & Co., Inc. v. Allen
  672 F.2d 347· 3d Cir.· 1982-03-15 ·cited 13×
  The court held that a private landlord's use of Pennsylvania's distraint procedure does not constitute state action for purposes of a § 1983 claim, but that the distraint was improper under state law because the lease had been surrendered. The court also held that attorney's fees