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

• Rodi v. Ventetuolo
  941 F.2d 22· 1st Cir.· 1991-08-05 ·cited 12×
  The Emergency Provisions of the Morris Rules created a liberty interest in remaining in the general prison population, and the inmate's complaint sufficiently alleged a due process violation. However, the defendants are shielded from damages by qualified immunity because the law
• DE Anza Props. X, Ltd. v. Cnty. OF Santa Cruz
  936 F.2d 1084· 9th Cir.· 1991-06-28 ·cited 12×
  A mobile home rent control ordinance's enactment, even with a sunset provision, triggers the statute of limitations for a takings claim, not subsequent amendments or individual mobile home sales.
• Williams v. Ellington
  936 F.2d 881· 6th Cir.· 1991-06-24 ·cited 12×
  The court held that school officials were entitled to qualified immunity for conducting a strip search of a student based on reasonable suspicion, and that the school board was not liable under § 1983 for ratifying the search.
• Kendrick v. Jefferson Cnty. Bd. OF Educ.
  932 F.2d 910· 11th Cir.· 1991-06-06 ·cited 12×
  The court held that the three-month probationary period under board policy applied, not the longer statutory period, and that the board waived its statute of limitations defense. It also held that Alabama county boards of education are not entitled to Eleventh Amendment immunity.
• Moore v. Webster
  932 F.2d 1229· 8th Cir.· 1991-05-08 ·cited 12×
  The court held that state officials were entitled to qualified immunity for actions taken under statutory authority, and affirmed the grant of summary judgment.
• Hilliard v. City & Cnty. OF Denver
  930 F.2d 1516· 10th Cir.· 1991-04-24 ·cited 12×
  The court held that even if a constitutional right to personal security existed under the circumstances, it was not clearly established at the time of the incident, entitling the officers to qualified immunity.
• PFZ Props., Inc. v. Rodriguez
  928 F.2d 28· 1st Cir.· 1991-03-18 ·cited 12×
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 for violations of due process or equal protection, as the post-deprivation remedies provided by Puerto Rico law were constitutionally adequate and the alleged actions did not rise to the level of a f
• McKINNEY v. State of Okla.
  925 F.2d 363· 10th Cir.· 1991-02-08 ·cited 12×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the district court properly dismissed the plaintiff's complaint under 28 U.S.C. § 1915(d) because the defendants were immune from suit and the claims lacked merit.
• Mallory v. Eyrich
  922 F.2d 1273· 6th Cir.· 1991-01-10 ·cited 12×
  The court held that the district court abused its discretion by setting aside a Rule 68 judgment under Rule 60(b)(6) without extraordinary circumstances and without a hearing. A Rule 68 judgment, being self-executing and akin to a contract, possesses a degree of finality that pre
• Redner v. Citrus Cnty.
  919 F.2d 646· 11th Cir.· 1990-12-18 ·cited 12×
  The court held that the district court properly abstained from deciding the constitutionality of Ordinance 88-05 due to pending state criminal proceedings, but erred in abstaining from deciding the constitutionality of Ordinance 88-06.
• Therese A. Farber v. Massillon Bd. OF Educ.
  917 F.2d 1391· 6th Cir.· 1990-12-11 ·cited 12×
  The court held that the district court erred in remitting the jury's ADEA award, denying front pay and appointment without sufficient justification, and improperly dismissing the § 1983 claim. The court also found clear error in the Title VII findings regarding pretext.
• Mouille v. City OF Live OAK
  918 F.2d 548· 5th Cir.· 1990-12-06 ·cited 12×
  The court held that Liberda's injuries were sufficient to withstand a directed verdict on excessive force and qualified immunity, while Grace Rollins' and Laurie Rollins' claims failed due to lack of significant injury.
• DeGIDIO v. Pung
  920 F.2d 525· 8th Cir.· 1990-12-04 ·cited 12×
  The court held that a consistent pattern of negligent or reckless conduct can constitute deliberate indifference to serious medical needs under the Eighth Amendment, and that a district court has discretion to reduce attorney fees based on limited success.
• R.A. Street v. Fair
  918 F.2d 269· 1st Cir.· 1990-11-02 ·cited 12×
  The court held that the district court's sua sponte dismissal of the inmate's pro se complaint was precipitous and vacated the judgment.
• Herrick v. Collins
  914 F.2d 228· 11th Cir.· 1990-10-11 ·cited 12×
  When a district court grants an in forma pauperis motion and requires a partial filing fee, it must issue the summons after the fee is paid, and should determine frivolousness before requiring payment.
• Bielevicz v. Officer J. Dubinon
  915 F.2d 845· 3d Cir.· 1990-09-28 ·cited 12×
  The court held that the plaintiffs presented sufficient evidence to withstand a motion for directed verdict on the issue of whether their injuries were caused by the City's custom of arresting people for public intoxication without probable cause and with no intention of prosecut
• Miller v. Emery Leathers
  913 F.2d 1085· 4th Cir.· 1990-09-13 ·cited 12×
  The court held that the evidence, viewed in the light most favorable to the non-moving party, raised genuine issues of material fact regarding the necessity and proportionality of the force used, precluding summary judgment.
• Hostler v. Captain Groves
  912 F.2d 1158· 9th Cir.· 1990-08-30 ·cited 12×
  A pro se prisoner's notice of appeal is deemed filed when delivered to prison authorities for forwarding, and this rule applies retroactively to non-habeas cases.
• Taylor v. Phelan
  912 F.2d 429· 10th Cir.· 1990-08-27 ·cited 12×
  The court held that the plaintiffs made a sufficient prima facie showing of minimum contacts to establish personal jurisdiction over the defendants in Kansas, reversing the district court's dismissal.
• Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg'l Planning Agency
  911 F.2d 1331· 9th Cir.· 1990-08-09 ·cited 12×
  Plaintiffs cannot state a claim for relief because the court-imposed injunction, not the 1984 Plan, prevented them from building.
• Russell v. Coughlin
  910 F.2d 75· 2d Cir.· 1990-08-02 ·cited 12×
  The court held that prison officials were not entitled to qualified immunity because the inmate had a clearly established liberty interest in remaining out of keeplock and was deprived of due process by an unreasonable delay in notice and hearing.
• Curtis W. Caine, Jr., M.D. v. Hardy, M.D.
  905 F.2d 858· 5th Cir.· 1990-06-27 ·cited 12×·via 42 U.S.C. § 1983 Claim
• Meis v. Gunter
  906 F.2d 364· 8th Cir.· 1990-06-26 ·cited 12×
• Simpson v. Ike Hines
  903 F.2d 400· 5th Cir.· 1990-06-19 ·cited 12×
  The court held that while most officers are not entitled to qualified immunity for excessive force or denial of medical care, Officer McMillan is immune from the excessive force claim due to lack of direct involvement.
• White v. McGINNIS
  903 F.2d 699· 9th Cir.· 1990-05-16 ·cited 12×
  The court held that the Federal Rules of Civil Procedure, specifically Rules 38(d) and 39(a), require explicit consent from parties to withdraw a jury demand, and that failing to object to a bench trial does not constitute such consent.
• Ware v. Unified Sch. Dist. NO. 492
  902 F.2d 815· 10th Cir.· 1990-05-07 ·cited 12×
  The majority holds the School District liable for violating Ware's First Amendment rights based on 'deliberate indifference,' despite the district court's findings.
• Weller v. Dep't OF Soc. Servs. FOR the City OF Baltimore
  901 F.2d 387· 4th Cir.· 1990-04-19 ·cited 12×
  The court held that while most of the plaintiff's claims were properly dismissed for lack of jurisdiction, the complaint sufficiently alleged a procedural due process violation regarding the transfer of child custody without a hearing to warrant further factual inquiry.
• Rivera-Gomez v. de Castro
  900 F.2d 1· 1st Cir.· 1990-04-05 ·cited 12×
  The court held that the district court's findings of fact were not clearly erroneous, and the plaintiffs' claims were time-barred due to a lack of equitable tolling.
• Est. OF Rose Himelstein v. City OF Fort Wayne
  898 F.2d 573· 7th Cir.· 1990-03-28 ·cited 12×
  The court held that the Himelsteins' federal claims were not ripe for review because they had not pursued available state remedies for inverse condemnation and due process violations.
• Joihner v. McEVERS
  898 F.2d 569· 7th Cir.· 1990-03-28 ·cited 12×
  The court held that the denial of a prisoner's request for transfer to a work camp did not violate a protectible liberty interest because the relevant state statutes and administrative regulations did not contain mandatory language limiting official discretion.
• Turney v. O'Toole
  898 F.2d 1470· 10th Cir.· 1990-03-26 ·cited 12×
  Officials executing a facially valid court order are absolutely immune from liability for the act of confinement, but only qualifiedly immune for the conditions of that confinement.
• Lewis v. City OF Irvine
  899 F.2d 451· 6th Cir.· 1990-03-26 ·cited 12×
  The court affirmed the directed verdict for the City but reversed the denial of a new trial against Officer Miller, remanding for retrial under the Fourth Amendment's excessive force standard.
• Ramirez v. Garcia
  898 F.2d 224· 1st Cir.· 1990-03-13 ·cited 12×
  The court held that negligent conduct is not actionable under 42 U.S.C. § 1983, but conduct reflecting reckless or callous indifference may be. The evidence against one defendant was insufficient for a § 1983 claim, while the other's joinder after the statute of limitations requi
• Holloway v. Conger
  896 F.2d 1131· 8th Cir.· 1990-02-23 ·cited 12×
  Oral promises regarding employment positions can create an employment contract and an expectation interest under South Dakota law, even if the employment is otherwise at-will.
• McHENRY v. Chadwick
  896 F.2d 184· 6th Cir.· 1990-02-08 ·cited 12×
  The court affirmed the district court's judgment, holding that a prisoner alleging an Eighth Amendment violation need not prove severe physical injury, and that officers have a duty to protect inmates from unlawful punishment by fellow officers.
• Bilal Muhammad ALI v. Higgs
  892 F.2d 438· 5th Cir.· 1990-01-25 ·cited 12×
  The court held that a civil rights action filed under 28 U.S.C. § 1915(d) is barred by the statute of limitations, and the dismissal should be with prejudice.
• Christian v. Delzinna S. Belcher
  888 F.2d 410· 6th Cir.· 1989-10-23 ·cited 12×
  The court held that the magistrates were entitled to summary judgment on the First Amendment claim because Kentucky law did not grant them authority to reappoint the plaintiff, but the new Judge Executive, Belcher, was not entitled to summary judgment as genuine issues of materia
• Rice v. Ohio Dep't OF Transp.
  887 F.2d 716· 6th Cir.· 1989-10-13 ·cited 12×
  The court affirmed the dismissal of the § 1983 failure to promote claim based on controlling precedent, but the dissenting judge argued the First Amendment retaliation claim should not have been dismissed.
• Daley v. Rubin Webb
  885 F.2d 486· 8th Cir.· 1989-09-25 ·cited 12×
  The court affirmed the district court's judgment, holding that the plaintiff's claims were not properly preserved for appeal.
• Chaloux v. Vaughn Killeen
  886 F.2d 247· 9th Cir.· 1989-09-22 ·cited 12×
  The court held that county sheriffs, sued in their official capacities, are proper defendants for prospective relief challenging the constitutionality of state postjudgment garnishment procedures, and the Monell "official policy" requirement does not apply to such claims.
• Crowder v. Sinyard
  884 F.2d 804· 5th Cir.· 1989-09-21 ·cited 12×
  The court held that the removal of seized property to another state did not violate the plaintiffs' constitutional right of access to the courts, and that a new trial was required on the Fourth Amendment claim due to errors in qualified immunity and jury instructions.
• The S.C. Educ. Ass'n v. Campbell
  883 F.2d 1251· 4th Cir.· 1989-08-28 ·cited 12×
  The court held that the district court erred in relying on legislative motive to find a First Amendment violation and that the challenged legislation was rationally related to legitimate state interests.
• Norris J. Coulter v. Vitale
  882 F.2d 1286· 7th Cir.· 1989-08-25 ·cited 12×
  The court held that the defendant waived his objection to the punitive damages jury instruction's standard of proof by failing to properly object at trial.
• Herrington v. Cnty. OF Sonoma
  883 F.2d 739· 9th Cir.· 1989-08-22 ·cited 12×
  The court held that attorney's fees and costs can be awarded to prevailing parties under 42 U.S.C. § 1988 even if they did not fully prevail on all claims, and that a litigant's financial ability to pay counsel does not preclude an award.
• Lehnert v. The Ferris Faculty Ass'n
  881 F.2d 1388· 6th Cir.· 1989-08-14 ·cited 12×
  The court held that union expenditures for lobbying, electioneering, organizing other units, and general public relations are not chargeable to dissenting faculty members in a closed shop.
• Jackson v. Elrod
  881 F.2d 441· 7th Cir.· 1989-08-07 ·cited 12×
  The court held that the correctional officials were not entitled to qualified immunity for their unconstitutional ban on hard-bound books for a pretrial detainee, as the law clearly established that such a broad prohibition, without less restrictive alternatives, violated the det
• Geary v. Renne
  880 F.2d 1062· 9th Cir.· 1989-07-24 ·cited 12×
  Judge Sneed concurs with the majority opinion but writes separately to discuss the application of the Fourteenth Amendment in relation to federalism principles.
• Rodgers v. C.E. Thomas
  879 F.2d 380· 8th Cir.· 1989-07-13 ·cited 12×
  The court held that the plaintiff presented insufficient evidence to support claims of procedural due process violations and cruel and unusual punishment.
• Miller v. Town OF Hull
  878 F.2d 523· 1st Cir.· 1989-06-21 ·cited 12×
  The court affirmed the jury's finding of liability and award of damages, holding that the defendants violated the plaintiffs' First Amendment rights by suspending them from their public office due to their voting positions on a controversial project.
• del Percio v. Thornsley
  877 F.2d 785· 9th Cir.· 1989-06-09 ·cited 12×
  The court held that the plaintiff's damage claims were barred by the one-year statute of limitations and her claim for injunctive relief was not ripe for adjudication.