Violation Of 42 U.S.C. § 1983

1,055 Florida cases classified under this topic, plus 2,310 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Talmadge McDONALD, III v. Haskins
  966 F.2d 292· 7th Cir.· 1992-07-01 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the complaint sufficiently pleaded a violation of a clearly established constitutional right to survive a motion to dismiss based on qualified immunity.
• Winston v. Child. & Youth Servs. OF Del. Cnty.
  948 F.2d 1380· 3d Cir.· 1991-11-07 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiffs' request for declaratory relief regarding visitation policies was not moot, and the Adoption Assistance and Child Welfare Act's "reasonable efforts" clause creates enforceable rights, though a specific minimum visitation period was not establish
• Wilson v. Mel Bailey
  934 F.2d 301· 11th Cir.· 1991-06-24 ·cited 16×·via Section 1983
  The court held that the district court did not err in granting summary judgment for the Personnel Board and the County, and that its findings regarding the Sheriff's promotion decisions were not clearly erroneous.
• de Jesus v. Banco Popular de Puerto RICO
  918 F.2d 232· 1st Cir.· 1990-10-31 ·cited 16×
  The court held that the district court abused its discretion by denying a prevailing plaintiff's request for attorney's fees under the Truth in Lending Act solely because the jury awarded a "generous" amount.
• Wesson v. Lt. Roy Oglesby
  910 F.2d 278· 5th Cir.· 1990-09-05 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that a prisoner's claims of excessive force and denial of medical treatment lacked an arguable legal basis, even though the magistrate improperly made credibility determinations.
• Roman v. Jeffes
  904 F.2d 192· 3d Cir.· 1990-06-08 ·cited 16×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Dismissal of a complaint as frivolous under 28 U.S.C. § 1915(d) is inappropriate after service of process has been made on the defendants. Alternatively, the complaint had arguable merit, precluding such dismissal.
• Lewis v. City OF FT. Collins
  903 F.2d 752· 10th Cir.· 1990-05-14 ·cited 16×
  The court held that the district court erred in denying summary judgment based on qualified immunity, as the appellants made a sufficient showing of objective reasonableness and the plaintiff failed to produce specific evidence of discriminatory motive or to properly justify furt
• Wheeler v. City OF Pleasant Grove
  896 F.2d 1347· 11th Cir.· 1990-03-22 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in its calculation of damages for a temporary regulatory taking, and awarded a specific amount based on the market rate return on the lost development value.
• Brandenburg v. Cureton
  882 F.2d 211· 6th Cir.· 1989-08-11 ·cited 16×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  A general jury verdict cannot stand if based on an impermissible theory of recovery, and a new trial is warranted for one defendant where factual issues remain regarding the use of deadly force.
• Anant Kumar Tripati v. Beaman
  878 F.2d 351· 10th Cir.· 1989-07-07 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court held that while district courts have broad discretion to impose restrictions on vexatious litigants, such restrictions must be accompanied by clear guidelines for obtaining permission to file and the litigant must be given notice and an opportunity to be heard.
• Johnson v. Kegans
  870 F.2d 992· 5th Cir.· 1989-04-24 ·cited 16×·via Section 1983
  Judges and prosecutors are absolutely immune from liability for damages for acts intimately connected with the judicial and parole-granting processes, and the plaintiff failed to state a claim for injunctive relief.
• McDOWELL v. R.R. Rogers
  863 F.2d 1302· 6th Cir.· 1988-12-27 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  A jury could find that the use of a nightstick on a handcuffed, non-resisting arrestee constituted an unreasonable seizure under the Fourth Amendment, even without proof of serious injury.
• Consol. Television Cable Serv., Inc. v. The City OF Frankfort
  857 F.2d 354· 6th Cir.· 1988-09-21 ·cited 16×
  The court held that res judicata barred Consolidated's action and that Community was an agent of the City for state action immunity purposes.
• Wheeler v. City OF Pleasant Grove
  833 F.2d 267· 11th Cir.· 1987-12-01 ·cited 16×
  The court held that the proper measure of damages for a temporary regulatory taking is the lost income-producing potential of the property, not the difference in market value before and after the taking.
• Watertown Equip. Co. & Edward Moe, Jr. v. Norwest Bank Watertown, N.A.
  830 F.2d 1487· 8th Cir.· 1987-10-08 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court held that the South Dakota attachment statute, as applied, violated clearly established due process rights, and therefore the defendants were not entitled to qualified immunity.
• McCONNELL v. Adams
  829 F.2d 1319· 4th Cir.· 1987-10-01 ·cited 16×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that while the failure to reappoint registrars based on political affiliation violated their constitutional rights, the officials were entitled to qualified immunity from damages, and the state was protected by Eleventh Amendment immunity from paying official capac
• Smith v. Detroit Fed'n OF Teachers, Local 231, Am. Fed'n OF Teachers, AFL-CIO
  829 F.2d 1370· 6th Cir.· 1987-09-29 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court held that by failing to object to the magistrate's recommendation that individual plaintiffs not be liable for attorney fees, the defendant waived that argument on appeal. The court also held that the district court did not abuse its discretion in declining to assess at
• Cameron v. City OF Pontiac
  813 F.2d 782· 6th Cir.· 1987-03-13 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court held that the officers' use of deadly force did not constitute a seizure under the Fourth Amendment because the decedent was not physically restrained, and the use of firearms was not the proximate cause of his death.
• Mabry v. The State Bd. OF Cmty. Colleges & Occupational Educ. & Gordon Dickinson
  813 F.2d 311· 10th Cir.· 1987-03-09 ·cited 16×
  The court held that a prior finding of no sex discrimination under Title VII, after a full opportunity for litigation, precludes a subsequent Title IX claim based on the same facts and legal standard.
• Daggett v. Kimmelman
  811 F.2d 793· 3d Cir.· 1987-02-12 ·cited 16×
  The court affirmed the district court's fee award for the pre-remedy phase and hourly rates, but remanded the remedy phase for further findings on whether time was spent on achieving population equality or political advantage.
• Paisey v. Honorable Linda L. Vitale
  807 F.2d 889· 11th Cir.· 1986-12-23 ·cited 16×·via Section 1983
  The court held that merely filing a state court action, even if retaliatory, does not constitute "under color of state law" for a Section 1983 claim, and thus the plaintiff failed to state a claim for injunctive relief.
• Gladys Banks v. Chesapeake & Potomac Tel. Co.
  802 F.2d 1416· D.C. Cir.· 1986-09-05 ·cited 16×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the reasoning in Section II of the majority opinion was flawed regarding the application of Wilson v. Garcia to section 1981 actions.
• Perry v. Larson
  794 F.2d 279· 7th Cir.· 1986-06-23 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court affirmed the jury's verdict, holding that there was sufficient evidence to support findings of political retaliation, improper evidentiary rulings did not deny a fair trial, and damages were properly calculated.
• Williams v. Kobel
  789 F.2d 463· 7th Cir.· 1986-04-16 ·cited 16×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the district court abused its discretion in awarding attorney's fees to the prevailing defendants because the plaintiff's section 1983 action was not frivolous, unreasonable, or without foundation.
• William T.M. Johnson v. Lincoln Univ. OF the Commonwealth Sys. OF Higher Educ.
  776 F.2d 443· 3d Cir.· 1985-11-06 ·cited 16×
  The court held that the district court erred in concluding that Dr. Johnson's activities did not involve matters of public concern and that the case should be remanded for further factual development regarding whether his speech was protected and whether it motivated his terminat
• van Ooteghem v. Hartsell Gray
  774 F.2d 1332· 5th Cir.· 1985-10-29 ·cited 16×
  A Texas county is liable for its Treasurer's unconstitutional firing of an employee, but reinstatement is not appropriate when a new Treasurer with appointment power has been elected; attorney fees were improperly calculated.
• Wagner v. The Metro. Nashville Airport Auth.
  772 F.2d 227· 6th Cir.· 1985-09-06 ·cited 16×
  The court held that the plaintiff failed to show the requisite state action to maintain a section 1983 claim.
• Zellmer Fromm and Marilyn Tucker v. Rosewell
  771 F.2d 1089· 7th Cir.· 1985-08-29 ·cited 16×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that principles of comity and the Tax Injunction Act bar federal court review of state tax assessment disputes when adequate state remedies exist. The taxpayer objection procedure in Illinois is considered such a remedy.
• Paradise v. Prescott
  767 F.2d 1514· 11th Cir.· 1985-08-12 ·cited 16×
  The court affirmed the district court's order requiring one black trooper to be promoted for each white trooper until 25% of the rank is black or a lawful promotion plan is in place, finding it a necessary and reasonable remedy for persistent effects of past discrimination.
• Lewis v. Thigpen
  767 F.2d 252· 5th Cir.· 1985-08-08 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court held that the trial court abused its discretion in denying a pro se litigant's untimely jury trial demand based on ignorance of procedural rules, and that the harmless error analysis could not be applied without resolving the liberty interest issue.
• Porm v. White
  762 F.2d 635· 8th Cir.· 1985-05-16 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court held that the evidence presented was sufficient to allow a jury to find that Dewey Tindle was deliberately indifferent to a pervasive risk of harm to inmate Porm, but not that Superintendent Carl White was deliberately indifferent.
• King v. Wells
  760 F.2d 89· 6th Cir.· 1985-04-12 ·cited 16×
  The court held that a prison official's policy of automatically excluding inmate witness testimony violates due process, and that a reduction in attorney fees for duplication of services was an abuse of discretion when only one attorney was employed.
• Cole v. Flick
  758 F.2d 124· 3d Cir.· 1985-03-29 ·cited 16×·via Violation Of First Amendment Rights Under 42 U.S.C. § 1983
  A prison regulation requiring inmates to keep their hair above the collar does not violate the First Amendment's Free Exercise Clause, as the justifications for the rule (identification, contraband, homosexual predation) are reasonably related to legitimate penological interests
• Young v. City OF NEW Orleans
  751 F.2d 794· 5th Cir.· 1985-02-01 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  The court affirmed the district court's rulings, finding no abuse of discretion in excluding expert testimony, granting directed verdicts on negligence claims, denying a new trial for inadequate damages, and dismissing counterclaims.
• Banas v. Dempsey
  742 F.2d 277· 6th Cir.· 1984-08-22 ·cited 16×
  The court held that the district court erred in dismissing the cases on mootness and Eleventh Amendment grounds, and that Quern-type notice relief is permissible ancillary relief to prospective injunctions.
• Diggs v. Superintendent Edmond Lyons
  741 F.2d 577· 3d Cir.· 1984-07-30 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  The majority opinion creates a circuit split by holding that in civil cases, the admission of prior felony convictions for impeachment of any witness is mandatory, outside the discretion of Rule 403.
• Stone v. City OF Chicago
  738 F.2d 896· 7th Cir.· 1984-07-20 ·cited 16×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that jury verdicts were not inconsistent and that the jury instruction regarding the burden of proof for defenses was not erroneous.
• Almendral v. NEW York State Off. OF Mental Health
  743 F.2d 963· 2d Cir.· 1984-05-11 ·cited 16×
  The court held that the district court erred in refusing to consider post-EEOC filing conduct for Title VII and Section 1981 claims, but correctly dismissed state law claims due to the Eleventh Amendment.
• Campbell v. W.R. Bowlin
  724 F.2d 484· 5th Cir.· 1984-02-06 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court held that a post-judgment motion for attorney's fees is not a Rule 59(e) motion, thus not triggering the need for a new notice of appeal. The court also held that a directed verdict was inappropriate where credibility determinations were necessary.
• Heath v. Cleary
  708 F.2d 1376· 9th Cir.· 1983-06-17 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court held that exhaustion of administrative remedies is not a prerequisite for a § 1983 action, and collateral estoppel does not bar the action because the state court did not decide the substantive issues.
• Hornick v. Noyes
  708 F.2d 321· 7th Cir.· 1983-06-03 ·cited 16×
  The court affirmed the dismissal of individual defendants for failure to meet statutory notice requirements and affirmed the judgment for the YWCA, finding no violation of Title II of the Civil Rights Act of 1964.
• Meyerson v. The State OF Ariz.
  709 F.2d 1235· 9th Cir.· 1983-05-09 ·cited 16×
• Battle v. Park Anderson
  708 F.2d 1523· 10th Cir.· 1983-05-06 ·cited 16×·via 42 U.S.C. § 1983 Action
  A court should exercise supervisory power over a prison system until it can assure not only that constitutional violations do not presently exist, but also that there is no reasonable expectation that unconstitutional conditions will recur.
• Lowrie v. Goldenhersh
  716 F.2d 401· 7th Cir.· 1983-01-24 ·cited 16×
  The court held that the district court had jurisdiction to hear the plaintiff's general constitutional challenges to the Illinois bar admission rule, but affirmed the district court's dismissal of the claim for failure to state a claim upon which relief could be granted.
• Barbian v. Constantine Panagis & the City of Milwaukee
  694 F.2d 476· 7th Cir.· 1982-11-30 ·cited 16×
  The appellate court affirmed the trial court's denial of a motion to interview jurors, holding that the information presented did not establish a sufficient basis to question the verdict's integrity.
• Fletcher Altman Smith v. Heath
  691 F.2d 220· 6th Cir.· 1982-09-29 ·cited 16×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that a supervisory official cannot be held liable under § 1983 for the actions of subordinates unless the supervisor personally participated in or affirmatively authorized the misconduct.
• Flower CAB Co. & Checker Taxi Co., Inc. v. Petitte
  685 F.2d 192· 7th Cir.· 1982-08-04 ·cited 16×
  The court declined to vacate its previously granted stay of a preliminary injunction, finding the appellees' cited cases inapposite.
• Edwards v. Ark. Power & Light Co.
  683 F.2d 1149· 8th Cir.· 1982-07-08 ·cited 16×·via 42 U.S.C. § 1983 Action
  The court applies Pullman abstention, finding unsettled state law questions regarding res judicata and bad-faith claims may determine the federal due process claim.
• Hurie Jones v. Orleans Parish Sch. Bd.
  679 F.2d 32· 5th Cir.· 1982-06-21 ·cited 16×
  The court held that the racial discrimination claims under §§ 1981 and 1983 were time-barred, but the due process claim was not. The Title VII claim was affirmed as the plaintiff failed to prove racial discrimination.
• Hillis v. Stephen F. Austin State Univ.
  665 F.2d 547· 5th Cir.· 1982-01-11 ·cited 16×·via Section 1983
  The court held that the district court clearly erred in its factual findings regarding the plaintiff's First Amendment claims and that the plaintiff would not have been renewed regardless of any protected activity.