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

• Beaven v. Commonwealth OF Ky.
  783 F.2d 672· 6th Cir.· 1986-02-19 ·cited 12×
  The court held that a prima facie case of discriminatory discharge under Title VII can be established by evidence of disparate treatment, even if the plaintiff cannot show the employer sought applicants for the vacated position, especially for merit employees.
• Seymour Wexler and Daisy Wexler v. Westfield Bd. OF Educ.
  784 F.2d 176· 3d Cir.· 1986-02-19 ·cited 12×
  The court held that the district court correctly determined that the school board provided a free appropriate public education and that parents were not entitled to reimbursement for unilaterally placing their child in private schools, nor for post-graduation expenses.
• Carroll v. Wilkerson
  782 F.2d 44· 6th Cir.· 1986-01-23 ·cited 12×
  The court held that recent Supreme Court and circuit court decisions required reversal of the dismissal of claims against the sheriff, jail administrator, and the county.
• Arnie Rolf Braafladt v. The Bd. OF Governors OF the Or. State BAR Ass'n
  778 F.2d 1442· 9th Cir.· 1985-12-26 ·cited 12×
  The court held that the district court did not err in denying attorney's fees to a plaintiff whose lawsuit was not the catalyst for the defendant's change in policy.
• The Neb. Health Care Ass'n, Inc. v. Dunning
  778 F.2d 1291· 8th Cir.· 1985-12-09 ·cited 12×
  The court held that Nebraska's submission for fiscal year 1982-83 failed to comply with federal regulations, invalidating the approval of its reimbursement cap, and that the case for fiscal year 1983-84 was not ripe for judicial determination due to pending administrative proceed
• Lanier v. J.B. Sallas and Juanice Reed
  777 F.2d 321· 5th Cir.· 1985-12-03 ·cited 12×
  Acceptance of a remittitur on a compensatory damages award bars a cross-appeal on the punitive damages claim, as it is not a separate and distinct cause of action. A directed verdict for an attorney is proper if there is no substantial evidence of an attorney-client relationship.
• Burlis Smothers v. Lt. J. Gibson
  778 F.2d 470· 8th Cir.· 1985-11-27 ·cited 12×
  The court held that the district court erred in granting summary judgment based on qualified immunity, as the law regarding strip searches of prison visitors was clearly established at the time of the search.
• Rymer v. Trooper H.A. Davis
  775 F.2d 756· 6th Cir.· 1985-10-28 ·cited 12×
  The court reaffirmed its prior decision, holding that the City of Shepherdsville was liable for inadequate training of its police officers, not based on an inference from a single incident.
• Easton v. The City OF Boulder
  776 F.2d 1441· 10th Cir.· 1985-10-28 ·cited 12×
  The court held that even if an arrest warrant affidavit contains negligent misrepresentations or omissions, it does not automatically invalidate the warrant if probable cause still exists based on the information presented. The court affirmed the directed verdict for the officers
• McLAUGHLIN v. Miles F. Alban, Jr.
  775 F.2d 389· D.C. Cir.· 1985-10-25 ·cited 12×
  The court held that the appellant failed to establish a violation of a constitutional right under 42 U.S.C. § 1983 and affirmed the district court's ruling.
• Four Seasons Apartment v. City OF Mayfield Heights
  775 F.2d 150· 6th Cir.· 1985-10-21 ·cited 12×·via Section 1983
  The court held that plaintiffs' Fifth Amendment taking claim is barred because they failed to utilize available state inverse condemnation procedures, and their Fourteenth Amendment procedural due process claim fails because the permit's rescission was either an unauthorized act
• Signet Constr. Corp. v. Borg
  775 F.2d 486· 2d Cir.· 1985-10-15 ·cited 12×
  The court held that Signet received constitutionally adequate due process through a combination of informal exchanges, a formal hearing regarding its default, and the availability of state court remedies for contract disputes.
• Royster v. Bd. OF Trs. OF Anderson Cnty. Sch. Dist. No. Five
  774 F.2d 618· 4th Cir.· 1985-10-03 ·cited 12×
  A public employee's property interest in continued employment is satisfied by full compensation, even if relieved of duties, and does not include the right to actively perform the job.
• Anne L. Sudeikis and Stephen J. Kabala v. Chicago Transit Auth.
  774 F.2d 766· 7th Cir.· 1985-10-02 ·cited 12×
  The court held that the enforcement action was untimely under Fed.R.Civ.P. 60(b)(6) due to an eight-year delay and the § 1983 claim failed because alleged defamation did not occur in connection with termination.
• Bacon v. Patera
  772 F.2d 259· 6th Cir.· 1985-09-13 ·cited 12×
  The court held that the Chief of Police could be liable under section 1983 for procedural due process and Fourth Amendment violations, and that a new trial was warranted for the state malicious prosecution claim due to evidentiary errors, but reversed the judgment for the corpora
• Stewart v. Bernstein
  769 F.2d 1088· 5th Cir.· 1985-09-03 ·cited 12×
  The court held that there is no implied private cause of action under the Medicaid Act against private nursing homes, and state agencies cannot be held liable for a private nursing home's discharge decisions absent state action.
• Shakopee Mdewakanton Sioux Community and Edith Crooks v. City OF Prior Lake
  771 F.2d 1153· 8th Cir.· 1985-08-30 ·cited 12×
  The court held that the annexation of Reservation land was valid under state and federal law, entitling Reservation residents to municipal services and voting rights. The court also modified the attorney fee award, reducing the hourly rate used for calculation.
• Galda v. Rutgers
  772 F.2d 1060· 3d Cir.· 1985-08-28 ·cited 12×
  The court held that a university's operation of an equal access educational forum, funded by student fees and offering a refund mechanism, does not impermissibly violate objecting students' First Amendment rights, even if some funded groups engage in political speech.
• Nance B. Hinman v. Lincoln Towing Serv., Inc.
  771 F.2d 189· 7th Cir.· 1985-08-15 ·cited 12×
  A commercial relocator's retention of a trespassing vehicle, permitted by state statute until a fee is paid, does not constitute state action for purposes of a due process claim under 42 U.S.C. § 1983.
• East v. Sergeant J. Lemons
  768 F.2d 1000· 8th Cir.· 1985-07-30 ·cited 12×
  The court held that a prisoner's allegations of being forced to work beyond his physical capacity, leading to severe cramps and denial of medical attention, stated a claim for cruel and unusual punishment under the Eighth Amendment.
• Darr v. Wolfe
  767 F.2d 79· 3d Cir.· 1985-07-22 ·cited 12×
  Private citizens acting in conspiracy with an immune state official can be sued under 42 U.S.C. § 1983, but the complaint must contain specific factual allegations of conspiracy.
• Kling v. Cnty. OF LOS Angeles
  769 F.2d 532· 9th Cir.· 1985-07-16 ·cited 12×
  The court held that the plaintiff was an otherwise qualified handicapped individual denied admission solely due to her handicap, and that damages are an appropriate remedy under the Rehabilitation Act.
• Manion v. Mich. Bd. OF Med. (formerly Med. Practice Board)
  765 F.2d 590· 6th Cir.· 1985-06-24 ·cited 12×
  Members of the Michigan Board of Medicine are not entitled to absolute immunity for their licensure duties but are entitled to qualified immunity. Qualified immunity applies because their conduct must be judged against clearly established law, and the Board failed to show there w
• Deveraux v. Geary
  765 F.2d 268· 1st Cir.· 1985-06-24 ·cited 12×
  The court held that the Supreme Court's decision in Firefighters Local No. 1784 v. Stotts does not invalidate the Culbreath consent decree, and therefore the plaintiffs' attempt to intervene and modify the decree was untimely.
• Lujan v. Franklin Cnty. Bd. OF Educ.
  766 F.2d 917· 6th Cir.· 1985-06-17 ·cited 12×
  Singleton rights, arising from court-ordered desegregation injunctions, cannot be enforced in a Title VII action, and the burden of persuasion does not automatically shift to the defendant in Title VII cases involving historically segregated schools unless specific conditions lik
• Stachura v. Truszkowski
  763 F.2d 211· 6th Cir.· 1985-06-03 ·cited 12×
  A private citizen's complaints to a school board about a teacher's curriculum, even if based on rumors, are protected by the First Amendment right to petition, granting immunity from suit. However, a school board's subsequent actions in suspending and reprimanding a teacher witho
• Crane v. Fauver
  762 F.2d 325· 3d Cir.· 1985-05-28 ·cited 12×
  The district court should have retained jurisdiction over the § 1983 action while staying it pending the outcome of related state proceedings, rather than dismissing it.
• Merrill v. Town OF Addison
  763 F.2d 80· 2d Cir.· 1985-05-24 ·cited 12×
  The court affirmed the district court's grant of summary judgment, holding that the plaintiff's constitutional challenge to the state statute was barred by res judicata due to prior state court litigation.
• Winston v. The City OF NEW York
  759 F.2d 242· 2d Cir.· 1985-04-05 ·cited 12×
  A New York City public school teacher's contractual right to a pension vests upon becoming a member of the retirement system and constitutes a property interest protected by the Fourteenth Amendment's due process clause. A provision automatically forfeiting pensions upon dismissa
• Reynaldo Tongol and Hosea Perkins L. v. Donovan
  762 F.2d 727· 9th Cir.· 1985-04-01 ·cited 12×
  A case is not considered "pending" for the purposes of the Equal Access to Justice Act (EAJA) when the only remaining issue is the extent of a nonfederal co-party's liability for attorneys' fees.
• Vasquez v. City OF Hamtramck
  757 F.2d 771· 6th Cir.· 1985-03-21 ·cited 12×
  A claim of malicious prosecution for civil parking tickets, resulting only in monetary loss and inconvenience, is not actionable under 42 U.S.C. § 1983 because it does not involve the deprivation of a constitutionally protected right.
• Doby v. Strength
  758 F.2d 1405· 11th Cir.· 1985-03-06 ·cited 12×
  The court held that Fourth Amendment claims are not generally cognizable in federal habeas corpus and that abstention is appropriate pending state appellate review of the conviction.
• Wells v. Rushing
  755 F.2d 376· 5th Cir.· 1985-03-04 ·cited 12×
  The court held that the district court abused its discretion by denying a motion for a trial delay when the defendant police officer disappeared before trial, preventing crucial cross-examination and assessment of demeanor, thus requiring a new trial on claims against the officer
• Beckham v. The NEW York City Hous. Auth.
  755 F.2d 1074· 2d Cir.· 1985-02-19 ·cited 12×
  Local housing authorities can establish a basic 'economic' rent schedule for tenants who fail to timely recertify their income and family composition, even if it exceeds statutory limitations, as the statute does not provide a method for such situations.
• Soto-Lopez v. NEW York City Civil Serv. Comm'n
  755 F.2d 266· 2d Cir.· 1985-02-15 ·cited 12×
  The court held that New York's requirement that veterans be residents at the time of their entry into the armed forces to receive bonus points for civil service examinations violates the Equal Protection Clause and the right to travel.
• Rymer v. Trooper H.A. Davis
  754 F.2d 198· 6th Cir.· 1985-02-11 ·cited 12×
  A city can be liable under 42 U.S.C. § 1983 for failure to train its police officers if the training was so reckless or grossly negligent that future misconduct was almost inevitable or substantially certain to result. The evidence supported the jury's finding of such liability.
• DeLEON v. Susquehanna Cmty. Sch. Dist.
  747 F.2d 149· 3d Cir.· 1984-10-30 ·cited 12×
  The court affirmed the denial of a preliminary injunction and the entry of final judgment, but only because the appellants failed to raise the issue of improper consolidation of the preliminary injunction hearing with the trial on the merits.
• Anna v. Jefferson
  747 F.2d 94· 2d Cir.· 1984-10-23 ·cited 12×
  The appeal is dismissed as moot because the primary election has concluded, rendering the case no longer live and the parties without a personal stake in the outcome.
• McGILLICUDDY v. Clements
  746 F.2d 76· 1st Cir.· 1984-10-11 ·cited 12×
  A private accounting firm's performance of an audit for a state agency, without more specific factual allegations of conspiracy or joint action, does not constitute action taken 'under color of state law' for purposes of a 42 U.S.C. § 1983 claim.
• Satchell v. Dilworth
  745 F.2d 781· 2d Cir.· 1984-10-04 ·cited 12×
  The court held that it was error to grant summary judgment to a defendant on an unpleaded affirmative defense and that a pro se plaintiff should have been afforded an opportunity to amend his complaint.
• Morris v. City OF Danville
  744 F.2d 1041· 4th Cir.· 1984-09-26 ·cited 12×
  The court held that the City Manager's prior involvement in the termination process did not, by itself, disqualify him as an impartial decisionmaker for due process purposes. The court vacated the district court's order and remanded for further proceedings.
• Collins v. King
  743 F.2d 248· 5th Cir.· 1984-09-24 ·cited 12×
  A prisoner's claim of a biased tribunal in a disciplinary hearing, absent allegations of constitutionally inadequate state post-deprivation remedies, does not state a procedural due process violation under the Fourteenth Amendment.
• Dreibelbis v. Marks
  742 F.2d 792· 3d Cir.· 1984-09-06 ·cited 12×
  Summary judgment was improperly granted because a genuine issue of material fact exists regarding the bona fides of the security justification for the hair regulation.
• Wilson v. Beebe
  743 F.2d 342· 6th Cir.· 1984-08-29 ·cited 12×
  The court held that a negligent deprivation of a liberty interest may form the basis for a claim under 42 U.S.C. § 1983, but disagreed with the majority's finding of negligence liability based on a pendent state claim not properly pleaded.
• Vance Murphy v. The Honorable Scott Matheson
  742 F.2d 564· 10th Cir.· 1984-08-22 ·cited 12×
  The court held that the Utah Drug Paraphernalia Act is not unconstitutionally overbroad as applied to commercial speech and that its vagueness challenge fails due to a scienter requirement and clear statutory factors. However, certain enforcement factors may be unconstitutionally
• Gero v. Henault
  740 F.2d 78· 1st Cir.· 1984-07-27 ·cited 12×
  The court held that a mistaken arrest based on a facially valid warrant and probable cause, where officers reasonably believed the person arrested was the one sought, does not violate constitutional rights. The court also found that the arrest warrant met the Fourth Amendment's p
• Dorothea E. Yoggerst v. Hedges
  739 F.2d 293· 7th Cir.· 1984-07-23 ·cited 12×
  A public employee's remark expressing personal satisfaction with a supervisor's potential termination, made in a work context, does not constitute speech on a matter of public concern protected by the First Amendment.
• Taxpayers FOR THE Animas-La Plata Referendum v. Animas-La Plata Water Conservancy Dist.
  739 F.2d 1472· 10th Cir.· 1984-07-11 ·cited 12×
  The court held that House Bill 1272 was constitutional, did not violate the Supremacy Clause, and was not unlawful retroactive legislation, thereby mooting the plaintiff's claims for declaratory and injunctive relief. The court also affirmed the dismissal of damages claims due to
• Llaguno v. Mingey
  739 F.2d 1186· 7th Cir.· 1984-07-10 ·cited 12×
  The court held that the jury should decide issues of probable cause and exigent circumstances under proper instructions, rather than being decided as a matter of law.
• Harris v. T.J. Forsyth and F. Christensen
  735 F.2d 1235· 11th Cir.· 1984-05-22 ·cited 12×·via 42 U.S.C. § 1983 Action
  Confiscation of an inmate's money does not violate civil rights if it is reasonable and non-arbitrary, even without explicit notice of the rule.