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

• Dodd v. City OF Norwich & Eric Larson
  827 F.2d 1· 2d Cir.· 1987-08-31 ·cited 12×
  The court held that the accidental shooting of a suspect during a struggle does not constitute an unreasonable seizure under the Fourth Amendment, and therefore, neither the arresting officer nor the city can be held liable for a constitutional violation.
• H.K. Porter Co., Inc. v. Metro. Dade Cnty.
  825 F.2d 324· 11th Cir.· 1987-08-24 ·cited 12×
  The court held that Metropolitan Dade County's (MDC) 5% minority business enterprise (MBE) goal in its construction contract bidding procedure was constitutional, both on its face and as applied, and that MDC did not act arbitrarily or capriciously in denying the contract to the
• Fidel B. Ibarra, Jr. v. Tex. Emp. Comm'n
  823 F.2d 873· 5th Cir.· 1987-08-06 ·cited 12×
  The court held that the district court abused its discretion in approving the consent decree because TEC entered into it based on a material mistake regarding the Department of Labor's position, which would have unconscionable effects on third-party employers.
• Serpas v. Schmidt
  827 F.2d 23· 7th Cir.· 1987-07-17 ·cited 12×
  The dissenting judge argues that the federal court should abstain from deciding the case to allow Illinois state courts to interpret the relevant state statute and rules, which could resolve the constitutional questions.
• Carey v. Cont'l Airlines, Inc.
  823 F.2d 1402· 10th Cir.· 1987-07-15 ·cited 12×
  The court held that a private party's complaint to police, leading to an arrest, does not constitute state action for a § 1983 claim without evidence of concerted action.
• Planned Parenthood Ass'n OF Cincinnati, Inc. v. The City OF Cincinnati & Stanley Broadnax, M.D.
  822 F.2d 1390· 6th Cir.· 1987-07-01 ·cited 12×
  The court held that the ordinance's specific disposal requirements for fetal remains unconstitutionally burden the right to abortion.
• Morton v. Beyer
  822 F.2d 364· 3d Cir.· 1987-06-24 ·cited 12×
  The court held that while the employee likely demonstrated a procedural due process violation under Loudermill, he failed to show irreparable harm, thus the preliminary injunction was improperly granted.
• Zemsky v. The City OF NEW York
  821 F.2d 148· 2d Cir.· 1987-06-12 ·cited 12×
  The court held that the district court abused its discretion by staying federal civil rights claims pending state court resolution, as the factors weighed heavily in favor of exercising federal jurisdiction. The court affirmed the dismissal of other federal and state claims.
• Kladis v. Brezek
  823 F.2d 1014· 7th Cir.· 1987-06-10 ·cited 12×
  The court held that the district court did not err in altering the judgment to enter judgment for the defendants on the claim that the plaintiff was not informed of the reasons for his arrest, as no constitutional right requires such notification.
• Wallace v. Greer
  821 F.2d 1274· 7th Cir.· 1987-06-04 ·cited 12×
  The court held that the district court's grant of summary judgment was proper because the plaintiff was not unlawfully incarcerated past his sentence expiration, as his mandatory supervised release term was tolled when he absconded.
• Young v. Rabideau
  821 F.2d 373· 7th Cir.· 1987-06-01 ·cited 12×
  The court held that the trial court did not err in excluding testimony about prison rules and in admitting limited cross-examination regarding the plaintiff's prior disciplinary record.
• ANA Leon T. v. Fed. Reserve Bank OF Chicago
  823 F.2d 928· 6th Cir.· 1987-05-29 ·cited 12×
  The court held that the district court improperly dismissed the Title VII claim on timeliness grounds without considering the effect of a potential EEOC reconsideration request, but properly dismissed other claims and denied appointment of counsel.
• Britton v. S. Bend Cmty. Sch. Corp.
  819 F.2d 766· 7th Cir.· 1987-05-18 ·cited 12×
  The affirmative action plan adopted by the South Bend School Board was unconstitutional because it was not narrowly tailored, imposing a burden on white teachers greater than necessary to achieve a compelling purpose.
• Shearl Danenberger v. Johnson
  821 F.2d 361· 7th Cir.· 1987-05-04 ·cited 12×
  The court held that the defendants were entitled to qualified immunity because there was no clearly established constitutional right prohibiting government officials from considering an employee's lack of political party support when making promotion decisions.
• Laurel C. Thomas v. Shipka
  818 F.2d 496· 6th Cir.· 1987-05-01 ·cited 12×
  The court held that 42 U.S.C. § 1983 is the exclusive remedy for alleged constitutional violations by state officials, precluding direct constitutional claims under 28 U.S.C. § 1331. It also affirmed that claims under § 1983 are governed by Ohio's one-year statute of limitations
• Brightly v. Louie L. Wainwright
  814 F.2d 612· 11th Cir.· 1987-04-13 ·cited 12×·via 42 U.S.C. § 1983 Claim
  The court held that the prison's grooming regulation is rationally related to a substantial government interest and is no greater than necessary, thus not violating inmates' First Amendment rights.
• Covington v. S. Ill. Univ.
  816 F.2d 317· 7th Cir.· 1987-04-09 ·cited 12×
  The court held that a university's salary retention policy, which maintains an employee's salary upon a change of assignment, can qualify as a "factor other than sex" under the Equal Pay Act and Title VII, even if not directly related to job performance.
• White v. Elrod
  816 F.2d 1172· 7th Cir.· 1987-04-08 ·cited 12×
  The court held that the state court judgment on the merits of the plaintiffs' constitutional claims barred their federal suit under res judicata, except for two plaintiffs who had prevailed before the Merit Board.
• Billye Myrick v. City OF Dallas
  810 F.2d 1382· 5th Cir.· 1987-03-03 ·cited 12×
  The court held that the discharged employee's claims of deprivation of liberty and property interests without due process were properly dismissed on summary judgment.
• Tyler v. White
  811 F.2d 1204· 8th Cir.· 1987-02-19 ·cited 12×
  The court held that while defense counsel's argument regarding plaintiffs' failure to call certain defendants as witnesses was improper, it did not constitute reversible error given the overall evidence and the nature of the error.
• Saenz v. Young
  811 F.2d 1172· 7th Cir.· 1987-02-19 ·cited 12×
  A prison disciplinary committee's brief statement of the evidentiary basis for its decision is constitutionally adequate if the reasoning process is plain and the evidence is straightforward.
• Barnier v. Szentmiklosi
  810 F.2d 594· 6th Cir.· 1987-02-10 ·cited 12×
  The court held that while the adequacy of state remedies can limit § 1983 claims, liberty and property interests should not be removed from § 1983's protection at the outset of analysis.
• Tyler v. Black
  811 F.2d 424· 8th Cir.· 1987-02-06 ·cited 12×
  The court affirmed the district court's partial denial of injunctive and declaratory relief regarding due process and access to courts claims, but reversed and remanded regarding certain conditions of confinement claims.
• Cronson v. Hon. William G. Clark
  810 F.2d 662· 7th Cir.· 1987-01-20 ·cited 12×
  The court held that the federal courts lack jurisdiction over a dispute concerning the scope of a state auditor's authority under state law, and that the auditor's claim of a due process violation for being prevented from conducting a more extensive audit fails for lack of a lega
• Thomas v. Tex. State Bd. OF Med. Exam'rs
  807 F.2d 453· 5th Cir.· 1987-01-08 ·cited 12×
  Federal courts should not abstain from deciding federal questions when no state proceedings are pending, even if state remedies are available.
• DiMASSIMO v. City OF Clearwater
  805 F.2d 1536· 11th Cir.· 1986-12-19 ·cited 12×
  The court held that tenants have a protectable property interest in continued utility service under Florida law, requiring pre-termination notice from the City to prevent constructive eviction, but rejected claims for substantive due process and equal protection violations.
• Crossman v. Marcoccio
  806 F.2d 329· 1st Cir.· 1986-12-09 ·cited 12×
  Federal Rule of Civil Procedure 68 compels prevailing plaintiffs to pay defendants' post-offer costs when the ultimate judgment is less than a refused offer of judgment, but it does not require payment of defendants' post-offer attorney's fees if those fees are not 'properly awar
• Wardell Washington v. Simpson
  806 F.2d 192· 8th Cir.· 1986-11-26 ·cited 12×
  The court affirmed the district court's ruling, holding that the officers had probable cause for the arrest, the entry into the residence was authorized by arrest warrants for a resident, and the arrest was not racially motivated.
• LOY v. Clamme
  804 F.2d 405· 7th Cir.· 1986-10-29 ·cited 12×
  The court held that the plaintiff's § 1983 claim was not time-barred due to the retroactive application of Wilson v. Garcia, but affirmed the dismissal of § 1985 and § 1986 claims for failure to state a cause of action.
• Carter v. City OF Chattanooga
  803 F.2d 217· 6th Cir.· 1986-10-06 ·cited 12×
  The court held that the Supreme Court's decision in Tennessee v. Garner, which invalidated the fleeing felon rule, should not be applied retroactively to impose liability on the City of Chattanooga for actions taken in 1982.
• In re SUN Valley Foods Co. v. Detroit Marine Terminals, Inc.
  801 F.2d 186· 6th Cir.· 1986-09-11 ·cited 12×
  The court held that federal district courts lack jurisdiction to review final state court judgments, but that an order lifting an automatic stay in bankruptcy is a final order for appeal purposes. The court affirmed dismissal of the § 1983 claims and reversed the denial of appeal
• Harllel B. Jones v. Shankland
  800 F.2d 77· 6th Cir.· 1986-09-02 ·cited 12×
  The court held that the appellant's civil rights claims were time-barred by the applicable one-year statute of limitations and that county prosecutors were absolutely immune from suit.
• Cody v. Hillard
  799 F.2d 447· 8th Cir.· 1986-09-02 ·cited 12×
  The court held that double-celling in prisons, absent evidence of wantonness or gross disproportionality, does not violate the Eighth Amendment, and that courts should defer to prison administrators' decisions.
• United States v. City OF Chicago
  798 F.2d 969· 7th Cir.· 1986-08-14 ·cited 12×
  The court held that the applicants' motion to intervene was untimely because they knew or should have known of their interest in the litigation when the 1979 Agreed-to Injunctive Order was entered, and their claimed interests were not protectable.
• Bush v. Viterna
  795 F.2d 1203· 5th Cir.· 1986-08-04 ·cited 12×
  A federal court cannot use 42 U.S.C. § 1983 to enforce state-imposed duties on a state agency when the agency's failure to act does not directly cause a deprivation of federal constitutional rights.
• Nilsa Ortiz v. Eichler
  794 F.2d 889· 3d Cir.· 1986-07-09 ·cited 12×
  The court held that Delaware's pre-hearing notice requirements for welfare benefits must be detailed, including calculations and reasons, and that claimants have a right to confront and cross-examine adverse witnesses under federal regulations.
• Gaut v. Sunn
  792 F.2d 874· 9th Cir.· 1986-06-20 ·cited 12×
  The court held that allegations of severe beatings and threats to deter legal action, taken as true, state a claim under 42 U.S.C. § 1983.
• Anderson v. The State OF Colo. & the Judges of the First Jud. Dist.
  793 F.2d 262· 10th Cir.· 1986-06-12 ·cited 12×
  Federal district courts lack jurisdiction to review final state court judgments, even when framed as a civil rights claim.
• Harriett L. McMILLAN v. Svetanoff
  793 F.2d 149· 7th Cir.· 1986-06-10 ·cited 12×
  A judge's act of firing a court reporter is not a judicial act protected by absolute judicial immunity because it is an administrative function that does not implicate the core purpose of judicial decision-making.
• Evonne J. NEW v. City OF Minneapolis
  792 F.2d 724· 8th Cir.· 1986-06-04 ·cited 12×
  The court held that allegations of intentional excessive force by law enforcement implicate substantive due process rights, regardless of state tort remedies.
• Stein v. The Bd. OF the City OF NEW York
  792 F.2d 13· 2d Cir.· 1986-05-22 ·cited 12×
  The court held that Stuart Stein had a protected property interest in his continued employment with ACJ, and that the Board of Education's actions deprived him of due process by failing to provide adequate notice and a fair hearing. However, the court also held that the case must
• Bishop v. Cross
  790 F.2d 38· 6th Cir.· 1986-05-07 ·cited 12×
  The court held that the district court abused its discretion by dismissing the case with prejudice for lack of prosecution based on the plaintiffs' absence from voir dire, as the requirement was not clearly articulated or made known to counsel.
• Wierstak v. Heffernan
  789 F.2d 968· 1st Cir.· 1986-05-02 ·cited 12×
  The court affirmed the judgment, holding that the district court did not err in excluding prior convictions, admitting expert testimony, denying motions for directed verdict or judgment notwithstanding the verdict, or in its findings on municipal liability.
• Abdul Beyah v. Baez
  789 F.2d 986· 2d Cir.· 1986-05-02 ·cited 12×
  The court held that the district court improperly granted summary judgment because the defendants' evidence did not comply with Rule 56(e) and genuine issues of material fact remained regarding the composition of the soap provided to inmates.
• Jones v. City OF Chicago
  787 F.2d 200· 7th Cir.· 1986-04-04 ·cited 12×
  The court held that the City of Chicago was not liable under 42 U.S.C. § 1983 for the alleged sexual assaults by a physician, as the plaintiffs failed to demonstrate a policy or custom of deliberate indifference or tacit authorization by the City that led to their injuries.
• Campbell v. State OF Me.
  787 F.2d 776· 1st Cir.· 1986-04-03 ·cited 12×
  The court held that the district court's grant of summary judgment was proper because the plaintiff's claims were barred by a release, collateral estoppel, and prosecutorial immunity.
• Rauschenberg v. Williamson
  785 F.2d 985· 11th Cir.· 1986-04-02 ·cited 12×
  The court held that special factors counsel hesitation against allowing a Bivens action for procedural rights violations by a parole officer, and that the plaintiff failed to state claims under Bivens or § 1983.
• Benjamin v. The City OF Montgomery
  785 F.2d 959· 11th Cir.· 1986-04-02 ·cited 12×
  The court held that police officers dismissed for refusing to waive their Fifth Amendment rights against self-incrimination, even when ordered to testify under threat of dismissal, were unlawfully terminated.
• Williams v. The City OF Boston
  784 F.2d 430· 1st Cir.· 1986-02-25 ·cited 12×
  The court held that allegations of simple negligence by state officials do not state a claim for deprivation of liberty without due process of law under 42 U.S.C. § 1983, and claims based on a cover-up also failed to state a claim.
• Mitsue Takahashi v. Bd. OF Trs. OF Livingston Union Sch. Dist.
  783 F.2d 848· 9th Cir.· 1986-02-21 ·cited 12×
  A federal court must give a state-court judgment the same preclusive effect as would be given under the law of the state where the judgment was rendered, barring subsequent federal claims based on the same primary right.