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

• Searer v. Wells
  837 F. Supp. 1198· M.D. Fla.· 1993-11-18 ·cited 8×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court denied motions to dismiss, finding that the plaintiff's allegations, particularly in the amended complaint, sufficiently stated claims for federal civil rights violations and state law assault and battery, and that claims could be pleaded in the alternative.
• Fla. Dep't OF Corr. v. McCARTY
  610 So. 2d 693· Fla. 2d DCA· 1992-12-18 ·cited 8×
  The court held that venue for civil actions against the state or its agencies properly lies in the county of the agency's principal headquarters, absent waiver or exception.
• King v. Chide
  974 F.2d 653· 5th Cir.· 1992-10-13 ·cited 8×
  The court held that the officers were entitled to qualified immunity because the plaintiff failed to establish a severe injury or that the officers' conduct was grossly disproportionate to the need for action.
• Coyne v. City OF Somerville
  972 F.2d 440· 1st Cir.· 1992-08-17 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff failed to state a claim for violations of due process, equal protection, or freedom of speech under federal law, and affirmed the dismissal of state law claims.
• Eugenio L. Rodriguez v. Holmes
  963 F.2d 799· 5th Cir.· 1992-06-24 ·cited 8×·via Section 1983
  The court held that the statute of limitations for the pro se litigant's civil rights action was tolled during the pendency of his state court proceedings, and therefore the action was timely filed.
• Chandler v. The City OF Dallas
  958 F.2d 85· 5th Cir.· 1992-04-09 ·cited 8×
  The court held that the district court's findings of fact and conclusions of law were insufficiently detailed to satisfy Federal Rule of Civil Procedure 52(a), preventing meaningful appellate review.
• Orlean Hopkins v. Andaya
  958 F.2d 881· 9th Cir.· 1992-03-05 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that summary judgment was inappropriate because genuine issues of material fact existed regarding the reasonableness of the officer's use of deadly force, and the dismissal of the state wrongful death claim was also improper.
• Buckey v. Cnty. OF LOS Angeles
  968 F.2d 791· 9th Cir.· 1992-02-19 ·cited 8×·via 42 U.S.C. § 1983 Violations
  The court held that the plaintiff should be allowed to amend her complaint to potentially state a claim for conspiracy under color of state law to deny due process and equal protection.
• Russo v. City OF Cincinnati
  953 F.2d 1036· 6th Cir.· 1992-01-15 ·cited 8×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The City may be held liable for failure to adequately train its police officers in the use of deadly force against mentally disturbed individuals if the failure amounts to deliberate indifference.
• Jackson v. Cnty. OF McLEAN
  953 F.2d 1070· 7th Cir.· 1992-01-15 ·cited 8×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the district court abused its discretion by denying the indigent prisoner's request for counsel under 28 U.S.C. § 1915(d), as the complexity of the legal issues and the need for expert testimony created a fundamental unfairness.
• Cusson-Cobb v. O'Lessker
  953 F.2d 1079· 7th Cir.· 1992-01-15 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that a plaintiff alleging political discrimination in public employment must present specific facts showing the decision-maker knew of their political affiliation, and conclusory allegations are insufficient to survive summary judgment.
• COX v. Miller Cnty. R-I Sch. Dist.
  951 F.2d 927· 8th Cir.· 1991-12-20 ·cited 8×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that there was insufficient evidence to show the plaintiff's constitutionally protected speech was a substantial factor in the decision to terminate his employment.
• Navarro-Ayala v. Hernandez-Colon
  951 F.2d 1325· 1st Cir.· 1991-12-18 ·cited 8×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The district court properly interpreted the consent decree to include collateral mental health facilities involved in the decentralization of services from Rio Piedras.
• Elks Nat'l Found. v. Weber
  942 F.2d 1480· 9th Cir.· 1991-08-29 ·cited 8×·via 42 U.S.C. § 1983 Action
  Federal district courts lack subject matter jurisdiction over challenges to state court decisions, even if constitutional claims are alleged, and such claims are barred by res judicata if the issues were considered and decided by the state courts.
• Malvin W. Brubaker v. City OF Richmond
  943 F.2d 1363· 4th Cir.· 1991-08-08 ·cited 8×
  The court affirmed the district court's imposition of Rule 11 sanctions, finding that the plaintiffs' claims were not well-grounded in fact or warranted by existing law after reasonable inquiry.
• Gilmere v. City OF Atlanta
  931 F.2d 811· 11th Cir.· 1991-05-17 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the district court abused its discretion by failing to provide adequate reasoning for its attorney's fee and cost awards, necessitating a remand for further explanation.
• Dixon v. Anderson
  928 F.2d 212· 6th Cir.· 1991-03-21 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiffs' claim of a continuing violation should have been evaluated by the lower court, and the case was not ripe for summary judgment.
• Farias v. Bexar Cnty. Bd. OF Trs. FOR Mental Health Mental Retardation Servs.
  925 F.2d 866· 5th Cir.· 1991-03-11 ·cited 8×
  The court held that the district court's denial of a jury trial motion was not reviewable because the order was too opaque and failed to demonstrate the exercise of discretion under Rule 39(b).
• Marisa A. Soderstrum v. Town OF Grand Isle
  925 F.2d 135· 5th Cir.· 1991-03-06 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff received due process and that her First Amendment rights were not violated because her position as secretary to the police chief was confidential and required political loyalty.
• Garner Gregory v. The City OF Rogers
  921 F.2d 750· 8th Cir.· 1990-12-12 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the state's affirmative act of removing the designated driver created a dangerous situation, potentially implicating a due process violation if the officers' conduct was reckless.
• Foster v. Metro. Airports Comm'n
  914 F.2d 1076· 8th Cir.· 1990-09-20 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  An arresting officer's subjective motive is irrelevant to a Fourth Amendment unlawful arrest claim if probable cause exists for the arrest. The use of force during an arrest is judged by an objective reasonableness standard, considering the totality of the circumstances.
• Smith v. Barton
  914 F.2d 1330· 9th Cir.· 1990-09-19 ·cited 8×·via Violation Of First Amendment Rights Under 42 U.S.C. § 1983
  The court held that plaintiffs' First Amendment claims under § 1983 were not precluded by the Rehabilitation Act, and that plaintiffs are entitled to a jury trial on their § 504 claims due to seeking legal remedies.
• Green v. ST. Louis Hous. Auth.
  911 F.2d 65· 8th Cir.· 1990-08-07 ·cited 8×
  The court held that an employee terminated for unsatisfactory performance, even if falsely accused, does not have a liberty interest claim if the accusations do not foreclose other employment opportunities. Furthermore, a public employee at-will, without a contract, does not have
• Matthias v. Bingley
  906 F.2d 1047· 5th Cir.· 1990-07-26 ·cited 8×
  The City's ordinance and established police practices violated the Due Process Clause by failing to provide adequate notice and opportunity to be heard before disposing of seized property.
• Crabtree v. Muchmore
  904 F.2d 1475· 10th Cir.· 1990-06-04 ·cited 8×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the district court abused its discretion in denying attorney's fees and sanctions to the defendant attorneys, reversing that decision.
• Tyler v. Barton
  901 F.2d 689· 8th Cir.· 1990-04-26 ·cited 8×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that prison officials are entitled to qualified immunity from a damages claim for observing a parolee urinate during a drug test, as no clearly established constitutional right was violated.
• Jackson v. City OF Albuquerque
  890 F.2d 225· 10th Cir.· 1989-11-21 ·cited 8×
  The court held that the trial court abused its discretion in denying reinstatement, as the record did not support the finding of insurmountable hostility, particularly since most accusers were no longer employed by the city.
• Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah
  723 F. Supp. 1467· S.D. Fla.· 1989-10-05 ·cited 8×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the City of Hialeah's ordinances prohibiting ritual animal sacrifice did not violate the Free Exercise Clause of the First Amendment, as they served compelling secular purposes and were religiously neutral in application.
• Ortiz v. City OF Imperial
  884 F.2d 1312· 9th Cir.· 1989-09-13 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that summary judgment was inappropriate for medical personnel who prescribed sedatives for an inmate with a head injury without examination, as this raised a question of deliberate indifference. However, summary judgment was appropriate for other defendants with mi
• ST. Clair v. City OF Chico
  880 F.2d 199· 9th Cir.· 1989-07-13 ·cited 8×
  The court held that the appellants' claims were not ripe for adjudication because neither the City nor the County had made a final, definitive decision rejecting their proposals for sewer service.
• City OF DeLAND v. W.J. Lowe
  544 So. 2d 1165· Fla. 5th DCA· 1989-06-15 ·cited 8×·via 42 U.S.C. § 1983 Action
  The City of DeLand appeals a summary judgment that deemed W.J. Lowe's residential-zoned lot to be commercially zoned to conform with his adjacent commercial lots, enjoining residential zoning enforcement. The Florida appellate court reversed, holding that Lowe failed to exhaust a
• Martin v. Guillot
  875 F.2d 839· 11th Cir.· 1989-06-14 ·cited 8×·via Section 1983
  The court held that the university's administrative staff member received adequate procedural due process and that the termination decision was supported by substantial evidence, thus denying reinstatement. The court reversed the contempt finding and sanction against the universi
• Coakley v. Welch
  877 F.2d 304· 4th Cir.· 1989-06-09 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that officials are not immune from a suit for injunctive relief seeking reinstatement under the Ex parte Young exception to Eleventh Amendment immunity, as the alleged violation of due process rights constitutes an ongoing violation.
• Beacon Hill Farm Assocs. II Ltd. P'ship v. The Loudoun Cnty. Bd. OF Supervisors
  875 F.2d 1081· 4th Cir.· 1989-05-26 ·cited 8×
  A landowner may mount a facial attack on a land use ordinance without first seeking a final determination of how the ordinance will affect their property.
• Cooper v. City OF Ashland
  871 F.2d 104· 9th Cir.· 1989-04-03 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's complaint was timely filed because it was received by the clerk's office before the statute of limitations expired, even considering weekends and holidays.
• Sprouse v. Babcock
  870 F.2d 450· 8th Cir.· 1989-03-20 ·cited 8×·via 42 U.S.C. § 1983 Action
  The filing of a disciplinary charge against a prisoner, even if otherwise not actionable, is actionable under 42 U.S.C. § 1983 if done in retaliation for the prisoner filing a grievance.
• Grant v. Farnsworth
  869 F.2d 1149· 8th Cir.· 1989-03-15 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not err in denying the motion in limine, refusing the chiropractor's testimony, directing verdicts on constitutional claims, refusing jury instructions, or awarding attorney fees.
• Gleason v. McBRIDE
  869 F.2d 688· 2d Cir.· 1989-03-13 ·cited 8×
  The court affirmed the dismissal of claims related to the Gleason I arrest and the section 1985 claim, affirmed dismissal of most Gleason III claims, but reversed dismissal of Gleason III claims against certain defendants and remanded for further proceedings.
• New Port Largo, Inc. v. Monroe Cnty.
  706 F. Supp. 1507· S.D. Fla.· 1988-11-21 ·cited 8×
  The court held that res judicata did not bar the federal claims, but the § 1986 claim was time-barred. The continuing wrong doctrine may apply to the § 1983 and § 1985 claims.
• Phillipe Dell Fargo v. City OF SAN Juan Bautista
  857 F.2d 638· 9th Cir.· 1988-09-16 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that a genuine issue of material fact exists as to whether the officer's conduct constituted gross negligence, thus reversing summary judgment on the Fourteenth Amendment claim against him. Summary judgment for other defendants was affirmed.
• Merriman v. Walton
  856 F.2d 1333· 9th Cir.· 1988-09-07 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that a reasonable police officer, knowing the facts available to Deputy Walton, could not have believed there was probable cause for Merriman's warrantless arrest, thus denying qualified immunity.
• Birdsell v. Bd. OF Fire & Police Comm'rs OF the City OF Litchfield
  854 F.2d 204· 7th Cir.· 1988-08-02 ·cited 8×·via Section 1983
  The court held that the district court erred in granting a directed verdict on the due process claim, as Birdsell presented sufficient evidence that he was not adequately notified that the meeting was a termination hearing.
• Shabazz v. Coughlin
  852 F.2d 697· 2d Cir.· 1988-07-27 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that prison officials were entitled to qualified immunity because the unconstitutionality of prison regulations restricting group prayer and prayer in a prison yard was not clearly established at the time of the plaintiff's discipline.
• Gomez v. The City OF Watsonville
  863 F.2d 1407· 9th Cir.· 1988-07-27 ·cited 8×
  The court held that the district court erred in finding that the Hispanic community in Watsonville was not politically cohesive and that the minority group was not sufficiently geographically compact to constitute a majority in a single-member district under Section 2 of the Voti
• Speer v. City OF Or.
  847 F.2d 310· 6th Cir.· 1988-05-25 ·cited 8×
  The court held that the appeal is moot because the election has passed and the plaintiff cannot demonstrate a reasonable expectation of being subjected to the same residency requirement again.
• Coghlan v. Starkey
  845 F.2d 566· 5th Cir.· 1988-05-23 ·cited 8×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the plaintiff had no constitutionally protected property interest in continued water service because she failed to comply with reasonable administrative procedures and apply for service, thus her claim under 42 U.S.C. § 1983 failed.
• Kory Toma v. The City OF Weatherford
  846 F.2d 58· 10th Cir.· 1988-05-11 ·cited 8×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The Tenth Circuit held that the district court abused its discretion by dismissing the plaintiff's case as a discovery sanction, as the plaintiff's conduct did not demonstrate willfulness, bad faith, or fault.
• Royal Feaster v. Miksch
  846 F.2d 21· 6th Cir.· 1988-05-02 ·cited 8×·via 42 U.S.C. § 1983 Action
  When a federal damages action requires resolving issues that will determine the outcome of pending state criminal proceedings, federal courts must abstain under Younger v. Harris.
• Wrigley v. Basil G. Greanias
  842 F.2d 955· 7th Cir.· 1988-03-22 ·cited 8×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the defendant was not entitled to qualified immunity because a genuine issue of material fact existed regarding whether the plaintiff's position was one where political affiliation was an appropriate requirement for effective performance.
• HAY v. Waldron
  834 F.2d 481· 5th Cir.· 1987-12-22 ·cited 8×·via 42 U.S.C. § 1983 Action
  The court held that the denial of injunctive relief regarding the strip search policy was proper, but the denial concerning retaliatory or discriminatory application of policies must be reversed and remanded.