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

• Redner v. Citrus Cnty.
  919 F.2d 646· 11th Cir.· 1990-12-18 ·cited 12×·via § 1983 Suit
  The court held that the district court properly abstained from deciding the constitutionality of Ordinance 88-05 due to pending state criminal proceedings, but erred in abstaining from deciding the constitutionality of Ordinance 88-06.
• Mouille v. City OF Live OAK
  918 F.2d 548· 5th Cir.· 1990-12-06 ·cited 12×
  The court held that Liberda's injuries were sufficient to withstand a directed verdict on excessive force and qualified immunity, while Grace Rollins' and Laurie Rollins' claims failed due to lack of significant injury.
• Hostler v. Captain Groves
  912 F.2d 1158· 9th Cir.· 1990-08-30 ·cited 12×·via 42 U.S.C. § 1983 Action
  A pro se prisoner's notice of appeal is deemed filed when delivered to prison authorities for forwarding, and this rule applies retroactively to non-habeas cases.
• Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg'l Planning Agency
  911 F.2d 1331· 9th Cir.· 1990-08-09 ·cited 12×
  Plaintiffs cannot state a claim for relief because the court-imposed injunction, not the 1984 Plan, prevented them from building.
• Simpson v. Ike Hines
  903 F.2d 400· 5th Cir.· 1990-06-19 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that while most officers are not entitled to qualified immunity for excessive force or denial of medical care, Officer McMillan is immune from the excessive force claim due to lack of direct involvement.
• White v. McGINNIS
  903 F.2d 699· 9th Cir.· 1990-05-16 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that the Federal Rules of Civil Procedure, specifically Rules 38(d) and 39(a), require explicit consent from parties to withdraw a jury demand, and that failing to object to a bench trial does not constitute such consent.
• Weller v. Dep't OF Soc. Servs. FOR the City OF Baltimore
  901 F.2d 387· 4th Cir.· 1990-04-19 ·cited 12×
  The court held that while most of the plaintiff's claims were properly dismissed for lack of jurisdiction, the complaint sufficiently alleged a procedural due process violation regarding the transfer of child custody without a hearing to warrant further factual inquiry.
• Joihner v. McEVERS
  898 F.2d 569· 7th Cir.· 1990-03-28 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that the denial of a prisoner's request for transfer to a work camp did not violate a protectible liberty interest because the relevant state statutes and administrative regulations did not contain mandatory language limiting official discretion.
• Lewis v. City OF Irvine
  899 F.2d 451· 6th Cir.· 1990-03-26 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court affirmed the directed verdict for the City but reversed the denial of a new trial against Officer Miller, remanding for retrial under the Fourth Amendment's excessive force standard.
• Holloway v. Conger
  896 F.2d 1131· 8th Cir.· 1990-02-23 ·cited 12×·via 42 U.S.C. § 1983 Action
  Oral promises regarding employment positions can create an employment contract and an expectation interest under South Dakota law, even if the employment is otherwise at-will.
• del Percio v. Thornsley
  877 F.2d 785· 9th Cir.· 1989-06-09 ·cited 12×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's damage claims were barred by the one-year statute of limitations and her claim for injunctive relief was not ripe for adjudication.
• 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.
• Venegas v. Skaggs
  867 F.2d 527· 9th Cir.· 1989-01-31 ·cited 12×·via 42 U.S.C. § 1983 Action
  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.
• Ryan v. Burlington Cnty.
  860 F.2d 1199· 3d Cir.· 1988-11-02 ·cited 12×·via 42 U.S.C. § 1983 Action
  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.
• 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
• Giarratano v. Murray
  847 F.2d 1118· 4th Cir.· 1988-06-03 ·cited 12×·via 42 U.S.C. § 1983 Action
  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.
• 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
• Henderson Duval Houghton v. Osborne
  834 F.2d 745· 9th Cir.· 1987-12-14 ·cited 12×·via 42 U.S.C. § 1983 Action
• 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.
• Dodd v. City OF Norwich & Eric Larson
  827 F.2d 1· 2d Cir.· 1987-08-31 ·cited 12×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  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
• Carey v. Cont'l Airlines, Inc.
  823 F.2d 1402· 10th Cir.· 1987-07-15 ·cited 12×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  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.
• Kladis v. Brezek
  823 F.2d 1014· 7th Cir.· 1987-06-10 ·cited 12×·via 42 U.S.C. § 1983 (Excessive Force)
  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.
• Young v. Rabideau
  821 F.2d 373· 7th Cir.· 1987-06-01 ·cited 12×·via 42 U.S.C. § 1983 Action
  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.
• 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.
• 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.
• Carter v. City OF Chattanooga
  803 F.2d 217· 6th Cir.· 1986-10-06 ·cited 12×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  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.
• 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.
• 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×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that allegations of intentional excessive force by law enforcement implicate substantive due process rights, regardless of state tort remedies.
• Bishop v. Cross
  790 F.2d 38· 6th Cir.· 1986-05-07 ·cited 12×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  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×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  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.
• Rauschenberg v. Williamson
  785 F.2d 985· 11th Cir.· 1986-04-02 ·cited 12×·via 42 U.S.C. § 1983 Action
  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×·via 42 U.S.C. § 1983 Action
  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.
• 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×·via 42 U.S.C. § 1983 Action
  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.
• Burlis Smothers v. Lt. J. Gibson
  778 F.2d 470· 8th Cir.· 1985-11-27 ·cited 12×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  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.
• 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
• Shakopee Mdewakanton Sioux Community and Edith Crooks v. City OF Prior Lake
  771 F.2d 1153· 8th Cir.· 1985-08-30 ·cited 12×·via 42 U.S.C. § 1983 Action
  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.
• 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.
• 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
• Beckham v. The NEW York City Hous. Auth.
  755 F.2d 1074· 2d Cir.· 1985-02-19 ·cited 12×·via 42 U.S.C. § 1983 Action
  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.
• 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×·via 42 U.S.C. § 1983 Action
  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.
• Collins v. King
  743 F.2d 248· 5th Cir.· 1984-09-24 ·cited 12×·via Section 1983
  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.
• 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.
• Dorothea E. Yoggerst v. Hedges
  739 F.2d 293· 7th Cir.· 1984-07-23 ·cited 12×·via 42 U.S.C. § 1983 Action
  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.
• Llaguno v. Mingey
  739 F.2d 1186· 7th Cir.· 1984-07-10 ·cited 12×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  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.