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

• Sharpley v. C.W. Davis
  786 F.2d 1109· 11th Cir.· 1986-04-15 ·cited 14×·via Section 1983
  Federal courts must give full faith and credit to state court judgments, precluding litigation of issues that were or could have been raised in state proceedings.
• Checki v. Webb
  785 F.2d 534· 5th Cir.· 1986-03-24 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that the claim arose in both the Eastern and Middle Districts of Louisiana, making venue proper in the Eastern District where the suit was filed.
• DeNARDO v. Murphy
  781 F.2d 1345· 9th Cir.· 1986-01-30 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's civil rights claim was barred by the statute of limitations and affirmed the district court's injunction against relitigating the claim.
• Scarpa v. Murphy
  782 F.2d 300· 1st Cir.· 1986-01-28 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that the postal service's delay constituted excusable neglect or good cause for extending the time to file a notice of appeal.
• Ayers v. Coughlin
  780 F.2d 205· 2d Cir.· 1985-12-26 ·cited 14×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that material issues of fact existed regarding the defendant correctional officer's deliberate indifference to known threats against the plaintiff, precluding summary judgment. Claims against supervisory officials were properly dismissed for lack of personal involv
• Gearhart v. Thorne
  768 F.2d 1072· 9th Cir.· 1985-08-13 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that an Oregon state employee's internal grievances regarding personal matters and performance evaluations do not constitute constitutionally protected speech or property interests, and that the employee received adequate due process through grievance procedures.
• Riverview Invs., Inc. v. Ottawa Cmty. Improvement Corp.
  769 F.2d 324· 6th Cir.· 1985-07-31 ·cited 14×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that plaintiff's procedural due process claim was properly dismissed, but remanded the antitrust claim for further consideration of the state action exemption.
• Hibma v. Odegaard
  769 F.2d 1147· 7th Cir.· 1985-07-30 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that the evidence of sexual assault should have been admitted and that the foreseeability of such assault is a jury question, not a matter of law for superseding cause.
• Jewell Nephew v. City OF Aurora
  766 F.2d 1464· 10th Cir.· 1985-07-10 ·cited 14×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  In a § 1983 case seeking monetary damages, attorney's fees awarded to prevailing plaintiffs must be reduced when they recover only nominal damages, reflecting their limited success.
• Crawford v. Edmonson
  764 F.2d 479· 7th Cir.· 1985-06-13 ·cited 14×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the trial court did not abuse its discretion in admitting evidence of the deceaseds' prior misconduct and the testimony of a robbery victim, nor did it err in denying a motion for a directed verdict on liability for the shooting of one of the deceaseds.
• Steinle v. Warren
  765 F.2d 95· 7th Cir.· 1985-06-13 ·cited 14×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the district court properly granted summary judgment because the appellant failed to produce admissible evidence creating a genuine issue of material fact and the claim was time-barred. The court also affirmed the award of attorney fees and expenses.
• Aki Saad El'amin v. Pearce
  750 F.2d 829· 10th Cir.· 1984-12-21 ·cited 14×·via 42 U.S.C. § 1983 Action
  The district court improperly dismissed the claim of excessive force by prison officers, as it made factual findings beyond the scope of the Martinez inquiry. However, the dismissal of the claim for denial of medical treatment was proper, as a mere difference of opinion or medica
• Briseno v. Cent. Tech. Cmty. Coll. Area
  739 F.2d 344· 8th Cir.· 1984-07-17 ·cited 14×
  The court held that the defendants intentionally discriminated against the plaintiff based on national origin, affirming the finding of liability but modifying the awarded relief.
• Woodard v. LOS Fresnos Indep. Sch. Dist.
  732 F.2d 1243· 5th Cir.· 1984-05-29 ·cited 14×·via Section 1983
  A high school student's request for corporal punishment instead of suspension, even if a deviation from school rules, does not constitute a denial of constitutional rights if state courts provide adequate remedies.
• DeSPAIN v. Marlin Johnston
  731 F.2d 1171· 5th Cir.· 1984-05-11 ·cited 14×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the federal district court should have abstained under the Younger doctrine because a state judicial proceeding was ongoing, implicated important state interests, and offered an adequate opportunity to raise constitutional challenges.
• Walls v. Miss. State Dep't OF Pub. Welf.
  730 F.2d 306· 5th Cir.· 1984-04-23 ·cited 14×
  The court held that while educational requirements were job-related and not discriminatory, written examinations and selection from eligibility certificates did have a disparate impact on black applicants, violating Title VII. The court reversed certain injunctive relief and cost
• Philly's v. Byrne
  732 F.2d 87· 7th Cir.· 1984-04-19 ·cited 14×
  The court held that the local option provision is a valid legislative enactment, not an unconstitutional delegation of authority, and does not violate due process.
• Neola N. Howard v. Fortenberry
  723 F.2d 1206· 5th Cir.· 1984-02-02 ·cited 14×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  Summary judgment for most defendants is affirmed, but reversed and remanded for the Director of Corrections and the sanitarians due to disputed material facts regarding their duties and potential breaches.
• Darline J. Anderson and James Q. Anderson v. Boyd
  714 F.2d 906· 9th Cir.· 1983-08-30 ·cited 14×·via 42 U.S.C. § 1983 Action
  Parole officials are absolutely immune for quasi-judicial functions like granting or revoking parole, but not for the knowing dissemination of false information to outside parties.
• Erdelyi v. O'Brien
  680 F.2d 61· 9th Cir.· 1982-06-21 ·cited 14×
  The court held that an applicant for an initial concealed weapon license does not possess a property or liberty interest protected by the Due Process Clause when the issuing authority has discretion to deny the license.
• Engblom v. Carey
  677 F.2d 957· 2d Cir.· 1982-05-03 ·cited 14×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the Third Amendment's protection against quartering troops extends to individuals with a lawful occupation or possession interest in a house, not just fee simple owners. It also held that while the state's emergency justified summary eviction without pre-depri
• McCORMICK v. Edwards
  646 F.2d 173· 5th Cir.· 1981-05-28 ·cited 14×
  The majority holds that the discharge for political activism was permissible, relying on cases upholding statutory prohibitions of partisan political activities. The dissenting judge disagrees, finding the district court's factual determination that the employee's political activ
• Cramer v. Crutchfield
  648 F.2d 943· 4th Cir.· 1981-05-12 ·cited 14×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the plaintiff's claim under 42 U.S.C. § 1983 for unlawful search and seizure was barred by the statute of limitations, and his claims for malicious prosecution and abuse of process, both under § 1983 and common law, failed to state a valid cause of action.
• Leggett v. Strickland
  640 F.2d 774· 5th Cir.· 1981-03-27 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiffs' Section 1983 action was time-barred because the complaint was not filed within the applicable two-year statute of limitations and the tolling statute did not apply.
• Myron J. Aufiero v. Clarke
  639 F.2d 49· 1st Cir.· 1981-01-22 ·cited 14×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  Events occurring prior to the Elrod decision date (June 28, 1976) are not subject to its holding, meaning plaintiff's demotion for past patronage activity was not constitutionally protected.
• Staten v. Hous. Auth. OF THE City OF Pittsburgh
  638 F.2d 599· 3d Cir.· 1980-11-25 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that a local housing authority receiving federal funding is not automatically an "agency" of the United States immune from attorneys' fees awards under 28 U.S.C. § 2412. It also held that the district court must apply the "special circumstances" standard when consi
• Hanna v. Toner
  630 F.2d 442· 6th Cir.· 1980-09-02 ·cited 14×
  The court held that the Burford abstention doctrine was inapplicable to a case alleging constitutional violations in a juvenile detention home, and federal courts have jurisdiction over such claims.
• Vodicka v. Phelps
  624 F.2d 569· 5th Cir.· 1980-08-20 ·cited 14×
  The court held that the regulation governing publications in prisons was constitutional both on its face and as applied, and that the refusal to distribute the newsletter was a reasonable measure to maintain prison security.
• Johnson v. Mateer
  625 F.2d 240· 9th Cir.· 1980-07-03 ·cited 14×·via 42 U.S.C. § 1983 Civil Rights Violations
  Collateral estoppel does not bar a plaintiff from litigating Fourth Amendment issues in a Section 1983 action if those issues were previously raised in a state criminal suppression hearing, especially when federal habeas corpus is unavailable.
• McTEAGUE v. Sosnowski
  617 F.2d 1016· 3d Cir.· 1980-03-25 ·cited 14×
  The court held that the district court erred in dismissing the in forma pauperis complaint sua sponte under 28 U.S.C. § 1915(d) based on abstention principles, as the claim was neither frivolous nor malicious.
• United Land Corp. OF Am. v. Hartwell P. Clarke and George R. St. John
  613 F.2d 497· 4th Cir.· 1980-01-17 ·cited 14×
  The court held that the plaintiff had no legitimate claim of entitlement to the soil erosion permit, and therefore was not deprived of any property interest in violation of the fourteenth amendment, nor did the defendants conspire to violate civil rights.
• Diebold v. Civil Serv. Comm'n OF ST. Louis Cnty.
  611 F.2d 697· 8th Cir.· 1979-12-10 ·cited 14×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that an employee's Fifth Amendment privilege against self-incrimination is not unconstitutionally threatened if he is not forced to choose between surrendering his job or waiving his privilege, even if administrative proceedings consider matters related to criminal
• Bowden v. McKENNA
  600 F.2d 282· 1st Cir.· 1979-05-09 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that the exclusion of evidence identifying the decedent as a robber was erroneous, and the plaintiff's subsequent argument emphasizing his innocence was improper.
• Millard W. Simineo v. Sch. Dist. NO. 16
  594 F.2d 1353· 10th Cir.· 1979-03-22 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that there was sufficient evidence to support the jury's verdict regarding the plaintiff's section 1983 claims, including First Amendment violations and lack of procedural due process, and that the trial court did not err in its evidentiary rulings or jury instruct
• Baskin v. Parker
  588 F.2d 965· 5th Cir.· 1979-02-01 ·cited 14×
  A sheriff can be vicariously liable under 42 U.S.C. § 1983 for a deputy's actions if state law provides for such liability, and a sheriff may be personally liable for punitive damages based on his own participation in unconstitutional conduct.
• Davis v. Freels
  583 F.2d 337· 7th Cir.· 1978-08-22 ·cited 14×
  The court held that the trial court erred in barring expert testimony regarding the angle of the shooting, which was crucial to determining the reasonableness of the officer's actions and the credibility of witness testimony.
• Kissell v. Breskow
  579 F.2d 425· 7th Cir.· 1978-07-18 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that the Executive Secretary of the Disciplinary Commission is clothed with quasi-judicial immunity for actions taken in that role, and that no genuine issue of material fact existed to preclude summary judgment.
• Burke v. Jerry Miller, M.D.
  580 F.2d 108· 4th Cir.· 1978-07-06 ·cited 14×
  Witnesses in state judicial proceedings are absolutely immune from civil liability under 42 U.S.C. § 1983 and § 1985 for testimony given in their official capacity.
• Sacks Bros. Loan Co., Inc. v. Cunningham
  578 F.2d 172· 7th Cir.· 1978-05-24 ·cited 14×·via 42 U.S.C. § 1983 Claim For Damages
  The Tax Injunction Act bars federal court intervention in state tax matters if a plain, speedy, and efficient state remedy exists, and the five-year statute of limitations applies to actions against public officers for acts in their official capacity.
• Wagle v. Murray
  560 F.2d 401· 9th Cir.· 1977-09-02 ·cited 14×
  The court held that the jury instructions imposed a greater burden on the plaintiff than required by Mt. Healthy, and the evidence was sufficient for the jury to reach its verdict.
• Rheuark v. Shaw
  547 F.2d 1257· 5th Cir.· 1977-03-03 ·cited 14×·via 42 U.S.C. § 1983 Action
  A prisoner's suit against a state court clerk and stenographer for failure to forward a transcript is a civil rights action, not a habeas corpus petition.
• Wagle v. Murray
  546 F.2d 1329· 9th Cir.· 1976-11-10 ·cited 14×
  A teacher terminated for exercising First Amendment rights is not barred from federal court by failure to exhaust administrative remedies, especially when the state's administrative process is not essential or is easily bypassed.
• Olshock v. Vill. OF Skokie
  541 F.2d 1254· 7th Cir.· 1976-09-17 ·cited 14×
  The court held that the record did not sustain a finding of clear and intentional discrimination by the Board, and thus the plaintiffs failed to meet their burden of proof for constitutional violations.
• Miss. GAY Alliance & Anne DeBary v. Goudelock
  536 F.2d 1073· 5th Cir.· 1976-08-12 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that a student newspaper editor's decision to reject an advertisement does not constitute state action and is protected by the First Amendment, precluding judicial compulsion for publication.
• Hazo v. Geltz
  537 F.2d 747· 3d Cir.· 1976-06-17 ·cited 14×
  The court held that the district court erred in granting absolute immunity to the deputy sheriff without a full factual record, and that a qualified immunity defense might be applicable.
• Williams v. Mary Ann Williams (formerly Walker)
  532 F.2d 120· 8th Cir.· 1976-03-31 ·cited 14×·via § 1983
  The court held that the prisoner's complaint was properly dismissed because the judge was immune from damages, the non-judicial defendants had no duty to provide notice, and injunctive/declaratory relief was barred by comity principles.
• Bryant v. Potts
  528 F.2d 621· 5th Cir.· 1976-03-15 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred by failing to consider a Texas tolling statute that may apply to an incarcerated plaintiff's claim.
• Stone v. Philbrook
  528 F.2d 1084· 2d Cir.· 1975-12-03 ·cited 14×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in granting summary judgment because there is substantial doubt whether the Commissioner's regulations characterizing General Assistance as an emergency program requiring weekly reapplication and work search are within the rulemaking p
• Echols v. Sullivan
  521 F.2d 206· 5th Cir.· 1975-10-16 ·cited 14×·via § 1983 Suit
  The court held that the district court's judgment must be vacated and remanded because it failed to make adequate findings of fact and conclusions of law as required by Rule 52(a).
• Andrews v. The Drew Mun. Separate Sch. Dist.
  507 F.2d 611· 5th Cir.· 1975-02-03 ·cited 14×
  The court held that the school district's rule automatically disqualifying parents of illegitimate children from employment violates the Equal Protection Clause because it creates an irrational classification and violates the Due Process Clause by creating an irrebuttable presump