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

• Clipper v. Takoma Park
  876 F.2d 17· 4th Cir.· 1989-05-30 ·cited 12×
  The court held that sufficient evidence supported the jury's verdict that the city denied the plaintiff due process by arresting him without probable cause, and that the arrest was made pursuant to a city policy or custom.
• Bolin v. Black
  875 F.2d 1343· 8th Cir.· 1989-05-26 ·cited 12×
  The court held that the evidence was sufficient to support the jury's verdict against supervisory officials for constitutional violations based on deliberate indifference or tacit authorization, and that the jury instructions, when read as a whole, fairly stated the governing law
• Brooks v. Jones
  875 F.2d 30· 2d Cir.· 1989-05-12 ·cited 12×
  The court held that a habeas corpus petitioner need not exhaust state remedies if state court processes have been demonstrably ineffective due to neglect and delay.
• Fisher v. Judge James J. Krajewski
  873 F.2d 1057· 7th Cir.· 1989-05-02 ·cited 12×
  The court affirmed the jury verdict and denial of a new trial, holding that the magistrate did not abuse discretion in excluding evidence of prior rulings and contempt findings, and that the jury instructions were proper.
• Petru v. City OF Berwyn
  872 F.2d 1359· 7th Cir.· 1989-05-01 ·cited 12×
  The court held that a plaintiff's expectation of appointment to a public employment position, based on an eligibility list and past hiring practices, does not constitute a constitutionally protected property interest. Furthermore, the court held that an appeal from an order deny
• Sydell R. Kraft v. Jacka
  872 F.2d 862· 9th Cir.· 1989-04-12 ·cited 12×
  The Board's denial of a gaming license was permissible, as it was based on concerns about effective control of the business by an unsuitable individual, not solely on an individual's personal relationship.
• Yancey v. Carroll Cnty.
  876 F.2d 1238· 6th Cir.· 1989-04-10 ·cited 12×
  The court held that the district court properly granted summary judgment for most defendants, but erred in dismissing Detective Harrison's case regarding the search warrant for Yancey's home, as there was a genuine issue of material fact regarding probable cause.
• Milburn v. Anne Arundel Cnty. Dep't OF Soc. Servs.
  871 F.2d 474· 4th Cir.· 1989-03-31 ·cited 12×
  The court held that the state's failure to protect a child from private violence, even when aware of the danger, does not constitute a violation of the Due Process Clause under 42 U.S.C. § 1983, unless the state has affirmatively restrained the individual's liberty or created the
• Scotty Grubbs v. Norris
  870 F.2d 343· 6th Cir.· 1989-03-17 ·cited 12×
  The dissenting judge believes the district court did not abuse its discretion in denying intervention, even under a bifurcated standard of review.
• F.E. Trotter, Inc. v. Watkins
  869 F.2d 1312· 9th Cir.· 1989-03-10 ·cited 12×
  The court held that federal officials are entitled to qualified immunity for discretionary functions unless their conduct violates clearly established constitutional rights, and that private parties are not entitled to qualified immunity in Bivens actions.
• NEW Alaska Dev. Corp. v. Bernd C. Guetschow
  869 F.2d 1298· 9th Cir.· 1989-03-09 ·cited 12×
  The court held that a judge is absolutely immune for judicial acts within jurisdiction, and a court-appointed receiver is entitled to quasi-judicial immunity for acts within the scope of the appointing court's jurisdiction. Allegations of theft and slander by the receiver, howeve
• Balla v. Idaho State Bd. OF Corr.
  869 F.2d 461· 9th Cir.· 1989-03-03 ·cited 12×
  The court held that the district court properly used its July 11, 1985 order as the benchmark for compliance and did not abuse its discretion in denying the prisoners' contempt motion. The court also held that the prisoners' motion for reconsideration was untimely under Rule 59(e
• Durre v. Dempsey
  869 F.2d 543· 10th Cir.· 1989-02-28 ·cited 12×
• Robinson v. City OF Chicago
  868 F.2d 959· 7th Cir.· 1989-02-21 ·cited 12×
  The named plaintiffs in both cases lacked standing to seek equitable relief because they could not demonstrate a reasonable likelihood of future injury from the challenged policies.
• Venegas v. Skaggs
  867 F.2d 527· 9th Cir.· 1989-01-31 ·cited 12×
  The court held that the district court abused its discretion in denying the attorney's motion to intervene to confirm a lien for attorney's fees, and that a statutory award under 42 U.S.C. § 1988 does not limit an attorney's entitlement under a contingent fee agreement.
• Gilbert v. The City OF Little Rock
  867 F.2d 1063· 8th Cir.· 1989-01-27 ·cited 12×
  The court held that the district court did not err in refusing to award backpay based on a speculative claim of earlier promotion and affirmed the attorney fee award as modified to reflect only enhancement for the risk of loss.
• Rozek v. Topolnicki
  865 F.2d 1154· 10th Cir.· 1989-01-12 ·cited 12×
  The court held that the plaintiff failed to present evidence negating defendants' entitlement to qualified immunity and that the University and District Attorney's office were entitled to Eleventh Amendment immunity.
• Walentas v. Lipper
  862 F.2d 414· 2d Cir.· 1988-11-25 ·cited 12×
• Ryan v. Burlington Cnty.
  860 F.2d 1199· 3d Cir.· 1988-11-02 ·cited 12×
  State officials are not entitled to qualified immunity when they had sufficient knowledge of jail overcrowding and the inadequacy of their inmate placement system to violate clearly established law regarding pretrial detainees' rights.
• Scurlock v. City OF Lynn Haven
  858 F.2d 1521· 11th Cir.· 1988-10-31 ·cited 12×
  A city ordinance that imposes construction and safety standards on mobile homes different from federal standards is preempted by federal law, and a similar ordinance that discriminates against manufactured housing violates state law. Attorney's fees under § 1988 may be vacated if
• Richardson v. Sergeant Curtis Bonds
  860 F.2d 1427· 7th Cir.· 1988-10-31 ·cited 12×
  The court held that an officer is entitled to qualified immunity if the arrest was lawful or did not violate clearly established law, even if the officer's subjective belief about the legal basis for the arrest was mistaken, as long as a reasonable officer would have believed pro
• Est. OF Raymond James Cartwright v. City OF Concord
  856 F.2d 1437· 9th Cir.· 1988-09-15 ·cited 12×
  The court held that the district court's findings of fact were not clearly erroneous and its legal conclusions were without merit, affirming the dismissal of the complaint.
• Jackson v. Ill. Prisoner Review Bd.
  856 F.2d 890· 7th Cir.· 1988-09-02 ·cited 12×
  The court held that fees for an unsuccessful, unrelated ex post facto claim are not compensable under 42 U.S.C. § 1988, and that a fee award must be reduced to reflect partial success on a related claim.
• Chandler Nelson Hughes v. Halifax Cnty. Sch. Bd.
  855 F.2d 183· 4th Cir.· 1988-08-26 ·cited 12×
  The court affirmed the district court's grant of directed verdicts and judgments notwithstanding the verdict, finding no error in the rulings on the § 1983 claims or the lost wages claim.
• Ford v. Childers
  855 F.2d 1271· 7th Cir.· 1988-08-22 ·cited 12×
• Kersh v. Derozier
  851 F.2d 1509· 5th Cir.· 1988-08-15 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that a pro se litigant's ignorance of service rules does not constitute 'good cause' for untimely service, and that a defendant waives the defense of insufficient service of process if not raised in their first responsive pleading. The court also found a pretrial s
• Jones v. City & Cnty. OF Denver
  854 F.2d 1206· 10th Cir.· 1988-08-12 ·cited 12×
  The denial of a summary judgment motion based on qualified immunity is immediately appealable even when injunctive relief is sought, and the officers' actions were objectively reasonable, entitling them to qualified immunity.
• Mujahid Farid v. Smith
  850 F.2d 917· 2d Cir.· 1988-06-22 ·cited 12×
  A prior state court judgment precludes claims for declaratory or equitable relief and relitigation of policy constitutionality, but not claims for damages where the state court lacked jurisdiction to award them.
• Giarratano v. Murray
  847 F.2d 1118· 4th Cir.· 1988-06-03 ·cited 12×
  The court, in a concurring opinion, expresses doubt about the plaintiffs' standing to prosecute their case due to the consistent provision of counsel in state post-conviction proceedings.
• Reimers v. State of Or.
  863 F.2d 630· 9th Cir.· 1988-05-13 ·cited 12×
  The court held that a prisoner does not have a right to the clergyman of his choice, and the establishment clause claim was moot.
• Plyler v. Parker Evatt
  846 F.2d 208· 4th Cir.· 1988-04-27 ·cited 12×
  The court held that the district court's denial of modification of the consent decree was not an abuse of discretion, as its factual findings were not clearly erroneous and supported the denial.
• Figueroa-Rodriguez v. Aurelio Lopez-Rivera
  878 F.2d 1488· 1st Cir.· 1988-04-22 ·cited 12×
  The court held that the denial of summary judgment on qualified immunity was correct, but the imposition of sanctions under Rule 16(f) was an abuse of discretion.
• Fontane-Rexach v. Puerto RICO Elec. Power Auth.
  878 F.2d 1493· 1st Cir.· 1988-04-22 ·cited 12×
  The court held that the assistant supply chief position was not a policymaker or confidential role, and thus political affiliation was not an appropriate criterion for dismissal, meaning qualified immunity did not apply.
• Wendt v. Lynaugh
  841 F.2d 619· 5th Cir.· 1988-04-06 ·cited 12×
  The court held that requiring convicted prisoners to work without pay as punishment for crime does not violate the Thirteenth Amendment, and thus the case was frivolous.
• Bret Marvin Harris v. Maynard
  843 F.2d 414· 10th Cir.· 1988-03-30 ·cited 12×
  The court held that the defendants were not entitled to summary judgment or protection from discovery because the plaintiff's allegations, taken as true, could establish a constitutional deprivation of the right to life under the Eighth Amendment, and this right was clearly estab
• Savidge v. Jaylon Fincannon
  836 F.2d 898· 5th Cir.· 1988-03-17 ·cited 12×
  The court should not have applied the 'clearly established' standard retroactively to the defendants' conduct, as the relevant rights were not settled at the time of the alleged violations.
• Kerr Ctr. Parents Assoc. v. Charles
  842 F.2d 1052· 9th Cir.· 1988-03-09 ·cited 12×
  The court held that the Eleventh Amendment bars suits against the state unless it has waived immunity or Congress has abrogated it, and that the EAHCA did not abrogate immunity. The court also held that exhaustion of administrative remedies was not required under the circumstance
• Faris Abdul Matiyn v. Henderson
  841 F.2d 31· 2d Cir.· 1988-03-01 ·cited 12×
  The court held that while a prisoner may have a liberty interest in avoiding involuntary protective admission, prison officials are shielded by qualified immunity if their conduct does not violate clearly established law. The court also affirmed that denial of religious services
• Mallory v. Eyrich
  839 F.2d 275· 6th Cir.· 1988-02-12 ·cited 12×
  The court held that the facts presented do not establish a constitutional claim under the Fourteenth or Fifteenth Amendments, nor do they necessarily implicate the Voting Rights Act in the manner argued by the plaintiffs.
• Farrish v. Miss. State Parole Bd.
  836 F.2d 969· 5th Cir.· 1988-02-05 ·cited 12×
  Officials who conducted a preliminary parole revocation hearing are absolutely immune from damages, but the Commissioner of Corrections is only entitled to qualified immunity for failing to establish adequate procedures.
• Jett v. Dallas Indep. Sch. Dist.
  837 F.2d 1244· 5th Cir.· 1988-02-05 ·cited 12×
  Respondeat superior is not a valid basis for imposing liability on a school district under 42 U.S.C. § 1981.
• Williams v. Nathan R. CASH-C.O.I.
  836 F.2d 1318· 11th Cir.· 1988-02-04 ·cited 12×
  Summary judgment for the prison guards is reversed because a genuine issue of material fact exists regarding whether they used excessive force, but summary judgment for the warden and Department of Corrections is affirmed as there is no respondeat superior liability.
• Greater Newburyport Clamshell Alliance v. Pub. Serv. Co. OF NEW Hampshire
  838 F.2d 13· 1st Cir.· 1988-01-29 ·cited 12×
  The court held that a client does not automatically waive attorney-client privilege by filing a civil suit, and that discovery of privileged communications requires a balancing of interests, limited to information vital to the defense.
• In re Tyler
  839 F.2d 1290· 8th Cir.· 1988-01-28 ·cited 12×
  The court held that the district court did not err in limiting an inmate's filings and imposing conditions due to his abusive litigation practices.
• Henderson Duval Houghton v. Osborne
  834 F.2d 745· 9th Cir.· 1987-12-14 ·cited 12×
• Schwartz v. Muncy
  834 F.2d 396· 4th Cir.· 1987-12-02 ·cited 12×
  The court held that applying Virginia's 1979 parole eligibility statute to Schwartz's 1978 conviction violates the ex post facto clause.
• Gillespie v. Crawford
  833 F.2d 47· 5th Cir.· 1987-11-30 ·cited 12×
• Venegas v. Wagner
  831 F.2d 1514· 9th Cir.· 1987-11-09 ·cited 12×
  The court held that substantial evidence supported the jury's verdict against officers Skaggs and Roberson, but not against officer Bostard, affirming the denial of JNOV for Skaggs and Roberson while affirming the grant of JNOV for Bostard.
• Toney v. Burris
  829 F.2d 622· 7th Cir.· 1987-09-16 ·cited 12×
  The court held that the district court should have considered the amended regulations regarding wage offsets, even though the defendant failed to properly present them, and remanded for the district court to determine if the amended regulations comport with due process.
• Carlin Commc'ns, Inc. v. The Mountain States Tel. & Tel. Co.
  827 F.2d 1291· 9th Cir.· 1987-09-14 ·cited 12×
  The dissenting judge would affirm the district court's injunction, finding that the telephone company's "new" policy was also imbued with state action.