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

• Front Royal & Warren Cnty. Indus. Park Corp. v. Town OF Front Royal
  865 F.2d 77· 4th Cir.· 1989-01-09 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that an order striking a defense of absolute legislative immunity is immediately appealable because it conclusively determines the disputed question, resolves an important issue separate from the merits, and is effectively unreviewable on appeal from a final judgme
• Holt v. Ford
  862 F.2d 850· 11th Cir.· 1989-01-04 ·cited 10×·via 42 U.S.C. § 1983 Action
• Davis v. Little
  851 F.2d 605· 2d Cir.· 1988-07-12 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the magistrate correctly applied the Fourth Amendment's reasonableness standard to the officer's use of deadly force, even though the incident occurred before the Supreme Court's decision in Tennessee v. Garner, and affirmed the damages award.
• Moreton Rolleston, Jr. v. Judge Frank M. Eldridge
  848 F.2d 163· 11th Cir.· 1988-06-27 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that a judge is protected by judicial immunity for actions taken in a judicial capacity, even if procedural errors occurred, and that federal courts should not review state court decisions.
• Byrne v. Roemer
  847 F.2d 1130· 5th Cir.· 1988-06-13 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the prisoner was not entitled to a stay of execution because his section 1983 claim, based on the premise that a Louisiana statute unconstitutionally limited his federal right to seek Supreme Court review, lacked merit. The federal statute does not grant the a
• P. Sidney Neuwirth, D.D.S. v. La. State Bd. OF Dentistry
  845 F.2d 553· 5th Cir.· 1988-05-23 ·cited 10×·via 42 U.S.C. § 1983 Action
  The dissenting judge argues that the majority opinion unnecessarily reached the merits of the case, which should have been dismissed due to a pleading defect.
• Wozniak v. Cnty. OF DuPAGE
  845 F.2d 677· 7th Cir.· 1988-04-21 ·cited 10×·via Section 1983
  The court held that the Wozniaks' Section 1983 claims were barred by res judicata and collateral estoppel, as the issues and claims could have and were litigated in the prior state court mandamus action. The court affirmed the district court's grant of summary judgment.
• Glick v. Woodson D. Walker
  834 F.2d 709· 8th Cir.· 1987-12-04 ·cited 10×·via Section 1983
  The court held that the Department's policy did not create a liberty interest and that the lack of intent to deprive the inmate of any interest defeated his section 1983 action. Furthermore, a failure to properly classify an inmate under state law does not constitute a constituti
• S-1 & S-2 v. C.D. Spangler, Jr.
  832 F.2d 294· 4th Cir.· 1987-11-02 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the appeal is moot due to a settlement, and therefore vacates the district court's order and remands for dismissal of the action, except for the ancillary claim for costs and attorney's fees.
• Valiant-Bey v. Morris
  829 F.2d 1441· 8th Cir.· 1987-09-29 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in dismissing claims that prison officials wrongfully confiscated a memorandum and discriminated in handling mail from a religious organization, but did not err in dismissing the overbreadth claim.
• Ruefly v. Landon
  825 F.2d 792· 4th Cir.· 1987-08-13 ·cited 10×
  The court held that a prisoner's amended complaint alleging negligence by prison officials in failing to protect him from another inmate does not state a claim for cruel and unusual punishment under the Eighth Amendment.
• Jones v. Preuit & Mauldin
  822 F.2d 998· 11th Cir.· 1987-07-24 ·cited 10×·via Section 1983
  The judge issuing a writ of attachment must have discretion to inquire into the veracity of the creditor's allegations, not just facial sufficiency, to satisfy constitutional due process requirements.
• Leaman v. Ohio Dep't OF Mental Retardation & Dev. Disabilities
  825 F.2d 946· 6th Cir.· 1987-07-23 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's voluntary election to sue in the Ohio Court of Claims constituted a waiver of her federal claims against state employees, as the Ohio statute provided a reasonable alternative forum and remedy.
• J.A. Croson Co. v. City OF Richmond
  822 F.2d 1355· 4th Cir.· 1987-07-09 ·cited 10×
  The dissenting judge argues that the affirmative action ordinance is constitutional, satisfying both the compelling governmental interest and narrowly tailored prongs of review.
• Sanders v. Wash. Metro. Area Transit Auth.
  819 F.2d 1151· D.C. Cir.· 1987-05-29 ·cited 10×
  WMATA is immune from suit for claims challenging its drug testing policy as a governmental function, and negligent termination claims are barred by the grievance and arbitration process.
• Rakovich v. Wade
  819 F.2d 1393· 7th Cir.· 1987-05-22 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that while the jury's finding of liability for a First Amendment violation was supported by evidence, the compensatory and punitive damage awards were excessive and must be reconsidered.
• Pressly v. Hutto
  816 F.2d 977· 4th Cir.· 1987-04-28 ·cited 10×·via 42 U.S.C. § 1983 Action
  Summary judgment was inappropriate because a genuine dispute of material fact exists regarding whether the defendant prison official acted with deliberate indifference to a known risk of harm to the inmate.
• Cowan v. Corley
  814 F.2d 223· 5th Cir.· 1987-04-13 ·cited 10×
  The court held that the plaintiff's allegations sufficiently stated claims under the Sherman Antitrust Act, RICO, and § 1983, and that dismissal was premature.
• United States v. State OF Wash.
  813 F.2d 1020· 9th Cir.· 1987-03-31 ·cited 10×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the Indian tribes' treaty interpretation claims do not give rise to a claim cognizable under 42 U.S.C. § 1983, and therefore do not support an award of attorneys' fees under 42 U.S.C. § 1988.
• Carolan v. City OF Kan. City
  813 F.2d 178· 8th Cir.· 1987-03-06 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that appellants did not have a constitutionally protected property interest in the occupancy certificate because they failed to comply with the requirements for its issuance, thus affirming summary judgment.
• Pryzina v. LEY
  813 F.2d 821· 7th Cir.· 1987-03-04 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the action was barred by the Tax Injunction Act and the principle of comity, and that judicial and prosecutorial defendants were immune from liability.
• Brown v. Frey
  806 F.2d 801· 8th Cir.· 1986-12-05 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that dismissing a pro se plaintiff's complaint with prejudice for failure to comply with a pretrial order, without a clear record of delay or contumacious conduct, constitutes an abuse of discretion.
• Collins v. Cnty. OF Kendall
  807 F.2d 95· 7th Cir.· 1986-12-03 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiffs failed to allege sufficient facts to support an inference of bad faith prosecution, thus the district court properly abstained under the Younger doctrine.
• Ira Jackson, Jr. v. Dallas Police Dep't
  811 F.2d 260· 5th Cir.· 1986-10-17 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not abuse its discretion in denying the appointment of counsel for a section 1983 claim, and that the appeal was not frivolous.
• Maney v. Brinkley Mun. Waterworks & Sewer Dep't (Arkansas)
  802 F.2d 1073· 8th Cir.· 1986-10-10 ·cited 10×
  The court held that while discrimination was found, the constructive discharge claims for two employees were not supported by the evidence, thus vacating their awards for back pay and reinstatement.
• Holloway v. A.L. Lockhart
  792 F.2d 760· 8th Cir.· 1986-06-11 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in dismissing the inmate's pro se complaint for failure to state a claim, as it alleged a deprivation of property without due process.
• Brown v. Hous. Auth. OF the City OF McRAE
  784 F.2d 1533· 11th Cir.· 1986-03-25 ·cited 10×·via 42 U.S.C. § 1983 Action
  The dissenting judge would hold that the complaint adequately alleges a § 1983 action because the Housing Act creates enforceable rights for tenants and lacks comprehensive enforcement mechanisms that would preclude § 1983.
• Hendrix v. Matlock
  782 F.2d 1273· 5th Cir.· 1986-02-18 ·cited 10×·via 42 U.S.C. § 1983 (Excessive Force)
  The jury instructions on excessive force were not erroneous because they accurately reflected the established standard for individual officer liability under Section 1983.
• Smith v. Winter
  782 F.2d 508· 5th Cir.· 1986-02-12 ·cited 10×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the claims for injunctive and declaratory relief were moot, but the claim for damages under 42 U.S.C. § 1983 against local appellees for violating First Amendment rights was properly stated.
• Delmar Dennis v. Warren
  779 F.2d 245· 5th Cir.· 1985-12-30 ·cited 10×
  The court affirmed the district court's judgment, holding that the deputy sheriff's actions constituted a violation of federal law under 42 U.S.C. § 1983 and that the sheriff was liable under state law for the deputy's conduct.
• Booker v. City OF Atlanta
  776 F.2d 272· 11th Cir.· 1985-11-15 ·cited 10×
  Summary judgment for the city is reversed because the officer's involvement may constitute state action and the city's actual practice might facilitate repossessions despite stated neutrality. Summary judgment for the officer is affirmed due to his good faith immunity.
• Curry v. A.H. Robins Co.
  775 F.2d 212· 7th Cir.· 1985-10-21 ·cited 10×
  The court held that the plaintiff's claims were barred by the statute of limitations and that the award of attorney's fees to the defendant for defending a frivolous civil rights claim was proper.
• Deck v. Lenzie L. Leftridge, Jr.
  771 F.2d 1168· 8th Cir.· 1985-09-03 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that while allegations of conspiracy between public defenders and judges may state a claim under § 1983, the plaintiff's allegations lacked the necessary specificity and factual support to suggest a "meeting of the minds."
• L & H Sanitation, Inc. v. Lake City Sanitation, Inc.
  769 F.2d 517· 8th Cir.· 1985-08-09 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the state action immunity doctrine barred the antitrust claims and that the appellants failed to state a due process claim because they lacked a protected property interest under Arkansas law.
• Shelton v. City OF Coll. Station
  754 F.2d 1251· 5th Cir.· 1985-03-11 ·cited 10×·via 42 U.S.C. § 1983 Action
  Summary judgment was improvidently granted because genuine issues of material fact exist regarding whether the zoning board's denial of a variance was arbitrary and discriminatory, and whether individual defendants were entitled to qualified immunity.
• O'Neal v. City OF HOT Springs Nat'l Park
  756 F.2d 61· 8th Cir.· 1985-02-28 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the city did not violate the employee's substantive or procedural due process rights by terminating her employment after she was charged with armed robbery, and that she was not entitled to damages or attorney fees.
• Chiz's Motel & Rest., Inc. v. Miss. State TAX Comm'n
  750 F.2d 1305· 5th Cir.· 1985-01-21 ·cited 10×·via 42 U.S.C. § 1983 Action
  The Eleventh Amendment, sovereign immunity, and quasi-judicial immunity bar the plaintiff's action in federal court.
• Carter v. Jacobsen
  748 F.2d 487· 8th Cir.· 1984-11-20 ·cited 10×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the sufficiency of the evidence supporting the jury verdict will not be reviewed on appeal absent a motion for directed verdict or judgment notwithstanding the verdict, and that the admission of evidence cannot be reviewed without a trial transcript.
• SIU v. Johnson
  748 F.2d 238· 4th Cir.· 1984-11-20 ·cited 10×
  The court held that the university's denial of tenure and promotion to a probationary professor did not violate her constitutional rights to due process or equal protection, even if administrators did not fully defer to peer faculty recommendations.
• Teresa Diane P. v. Alief Indep. Sch. Dist.
  744 F.2d 484· 5th Cir.· 1984-10-22 ·cited 10×
  The court held that Diane's claim, asserting a constitutional right infringement by conditioning education on parental counseling, is not an independent constitutional claim but rather an assertion that the state misread the EAHCA. Such claims are not cognizable under 42 U.S.C. §
• Marshall v. Norwood
  741 F.2d 761· 5th Cir.· 1984-09-14 ·cited 10×·via Section 1983
  A prisoner's claim of negligent or intentional deprivation of property by state officials is not actionable under Section 1983 if the state provides an adequate post-deprivation remedy.
• J.L. Ford v. Allen
  728 F.2d 1369· 11th Cir.· 1984-03-30 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that a district court has the statutory authority to impose the entire responsibility for producing a state prison inmate for a federal trial on the U.S. Marshal.
• Arebaugh v. Governor John Dalton
  730 F.2d 970· 4th Cir.· 1984-03-28 ·cited 10×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the district court's grant of summary judgment was premature because the defendants failed to meet their burden of establishing a good faith defense.
• Berard v. State OF Vt. Parole Bd.
  730 F.2d 71· 2d Cir.· 1984-03-06 ·cited 10×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  A prisoner has no legitimate expectation of release on parole warranting due process protection if the state parole statute does not create such an expectation through specific language, and the parole board retains discretionary authority.
• Justine A. Higdon v. Metro. Dade Cnty.
  446 So. 2d 203· Fla. 3d DCA· 1984-02-28 ·cited 10×
  The estate of Benny Higdon, killed during a Miami riot, sued Dade County and City of Miami officials for failing to prevent violence or warn the community. The court affirmed dismissal of all claims, holding that the Constitution does not guarantee a right to police protection an
• Len Terry Jackson v. Torres
  720 F.2d 877· 5th Cir.· 1983-12-05 ·cited 10×·via 42 U.S.C. § 1983 Action
  A Section 1983 action challenging the duration of confinement must be treated as a habeas corpus matter and requires exhaustion of federal habeas corpus remedies.
• R.I. Handicapped Action Comm. v. R.I. Pub. Transit Auth.
  718 F.2d 490· 1st Cir.· 1983-09-29 ·cited 10×
  The court held that section 504 of the Rehabilitation Act does not authorize courts to order affirmative action in the form of requiring transit authorities to purchase wheelchair lifts for buses, especially when the authority complies with federal regulations. The court reversed
• Brooks v. Ashtabula Cnty. Welf. Dep't
  717 F.2d 263· 6th Cir.· 1983-09-01 ·cited 10×
  The court held that the district court erred in misapplying the Burdine standard by impermissibly shifting the burden of persuasion to the defendants and in presuming discrimination from unwritten policies. The court also found a factual error regarding wage disparity.
• Webb v. Arresting Officers
  713 F.2d 405· 8th Cir.· 1983-08-08 ·cited 10×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that a plaintiff can recover on a theory of liability not explicitly pleaded if the facts support it and it does not prejudice the defendant, specifically applying the duty to intervene in a civil rights action.
• Howell v. State BAR OF Tex.
  710 F.2d 1075· 5th Cir.· 1983-08-01 ·cited 10×·via 42 U.S.C. § 1983 Action