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

• Quezada v. The Cnty. OF Bernalillo
  944 F.2d 710· 10th Cir.· 1991-09-09 ·cited 6×
  The court held that the district court's factual findings on the § 1983 claim were clearly erroneous because they did not assess the evidence for objective reasonableness under the Graham standard, requiring remand. The court also addressed state law claims against the Sheriff an
• Stever v. Indep. Sch. Dist. NO. 625
  943 F.2d 845· 8th Cir.· 1991-09-03 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court affirmed the district court's ruling on three of Stever's claims but dissented on the First Amendment claim regarding retaliatory transfer.
• Covino v. Vt. Dep't OF Corr.
  933 F.2d 128· 2d Cir.· 1991-05-14 ·cited 6×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that a state may create a liberty interest in remaining in the general prison population through mandatory statutes or regulations, and that prolonged administrative segregation may amount to punishment violating constitutional rights.
• Kendrick v. Bland
  931 F.2d 421· 6th Cir.· 1991-05-02 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the District Court correctly applied a standard requiring institution-wide violations for contempt, but erred in its findings regarding cell searches due to ambiguity in the consent decree.
• Inmates OF Orient Corr. Inst. v. Ohio State Adult Parole Auth.
  929 F.2d 233· 6th Cir.· 1991-03-26 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that Ohio law does not create a constitutionally protected liberty interest in being released on parole at a specific time, even after an 'on or after' date has been set.
• Royal Russell Long v. Shillinger
  927 F.2d 525· 10th Cir.· 1991-03-06 ·cited 6×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the plaintiff failed to prove actual injury resulting from the due process violation during extradition, thus limiting damages to nominal. The court also found no abuse of discretion in denying the appointment of counsel.
• Cooper v. Dupnik
  924 F.2d 1520· 9th Cir.· 1991-02-06 ·cited 6×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  Denying a suspect counsel to coerce a confession violates due process and 42 U.S.C. § 1983, regardless of the suspect's guilt or innocence.
• Stewart v. McMANUS
  924 F.2d 138· 8th Cir.· 1991-01-22 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the Interstate Corrections Compact and its implementing contract did not mandate the application of Kansas disciplinary rules to inmates transferred to Iowa, and that the use of flex cuffs during a prison disturbance did not violate the Eighth Amendment.
• Rivera v. Puerto RICO Tel. Co.
  921 F.2d 393· 1st Cir.· 1990-12-21 ·cited 6×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the district court did not abuse its discretion in reversing its prior order allowing amendment of the notice of appeal, and affirmed the denial of the motion to extend time to appeal.
• Walter v. Torres
  917 F.2d 1379· 5th Cir.· 1990-11-29 ·cited 6×·via Violation Of Due Process Rights Under 42 U.S.C. § 1983
  Parole board members have absolute immunity for adjudicative functions (applying rules to individual cases) but only qualified immunity for administrative functions (enacting rules).
• Jewell v. Cnty. OF Nassau
  917 F.2d 738· 2d Cir.· 1990-10-30 ·cited 6×·via 42 U.S.C. § 1983 Claim For Damages
  A dismissal without prejudice to allow exhaustion of state remedies would time-bar a § 1983 claim if the statute of limitations has run, and a judicial stay, not dismissal, is the proper mechanism to avoid the limitations bar.
• United Ass'n OF Black Landscapers v. City OF Milwaukee
  916 F.2d 1261· 7th Cir.· 1990-10-29 ·cited 6×·via Section 1983
  The court held that summary judgment was properly granted because the plaintiffs failed to establish a prima facie case of disparate impact by identifying specific discriminatory practices, and the individual claims failed to demonstrate pretext or qualification.
• Scott v. Flowers
  910 F.2d 201· 5th Cir.· 1990-08-20 ·cited 6×·via 42 U.S.C. § 1983 Action
  The dissenting judge holds that the plaintiff's section 1983 suit is barred under the rationale of Thomas v. Kadish because the Texas Commission on Judicial Conduct functioned as a court and review was available, and the reprimand was a non-actionable expression of opinion.
• Rosenthal v. Justices OF THE Supreme Court OF Cal.
  910 F.2d 561· 9th Cir.· 1990-08-01 ·cited 6×
  The court held that the district court correctly dismissed the appellant's claims challenging his disbarment proceedings, affirming the dismissal.
• Adams v. Hansen
  906 F.2d 192· 5th Cir.· 1990-07-23 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that a prisoner's allegations of significant injury from excessive force, even if not 'severe,' are sufficient to state an Eighth Amendment claim and are not frivolous.
• Gilbert v. Collins
  905 F.2d 61· 5th Cir.· 1990-06-19 ·cited 6×·via § 1983 Suit
  The court held that a magistrate's dismissal of a prisoner's excessive force claim, based on unauthenticated hearsay and improperly disregarding the prisoner's testimony, was erroneous.
• Brogan v. SAN Mateo Cnty.
  901 F.2d 762· 9th Cir.· 1990-04-18 ·cited 6×
  The court held that the workfare program and its administration did not violate the Constitution or Brogan's civil rights, and that adequate state remedies existed for any potential state law claims.
• Swift v. Lewis
  901 F.2d 730· 9th Cir.· 1990-04-06 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that summary judgment was improper because the prison failed to provide evidence that its grooming policy was reasonably related to legitimate penological interests and that the district court erred in dismissing a damages claim against a private party.
• Blankenship v. Gunter
  898 F.2d 625· 8th Cir.· 1990-03-13 ·cited 6×·via 42 U.S.C. § 1983 Action
  A prison regulation prohibiting inmates from using their trust fund accounts for religious donations is valid if reasonably related to legitimate penological interests, and inmates have alternative means to make such donations.
• Thompson v. Crispus NIX
  897 F.2d 356· 8th Cir.· 1990-03-01 ·cited 6×·via § 1983 Suit
  The court held that factual errors in a magistrate's report, adopted by the district court without objection, constitute plain error requiring vacation and remand.
• FOX v. T.A. Coughlin, III
  893 F.2d 475· 2d Cir.· 1990-01-04 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the prison officials were protected by qualified immunity because the inmate did not have a clearly established right to assistance in preparing his defense or to have two specific correctional officers interviewed at the disciplinary hearing at the time of th
• Cito v. Bridgewater Twp. Police Dep't
  892 F.2d 23· 3d Cir.· 1989-12-18 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the New Jersey two-year statute of limitations for personal injury actions, N.J.S.A. 2A: 14-2, applies to Section 1983 claims, not the six-year residual statute.
• Maxey v. Fulton
  890 F.2d 279· 10th Cir.· 1989-11-29 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the district court's order denying summary judgment and protective order did not conclusively determine the appellant's qualified immunity but impermissibly infringed on his immunity from overly broad discovery, thus warranting appellate review.
• Darius Gittens v. Superintendent Eugene S. LeFEVRE
  891 F.2d 38· 2d Cir.· 1989-11-29 ·cited 6×
  The court held that New York regulations failing to provide inmates an adequate opportunity to be heard within a reasonable time of administrative confinement violate due process, but affirmed dismissal based on qualified immunity because defendants acted reasonably in reliance o
• Huron Valley Hosp., Inc. v. City OF Pontiac
  887 F.2d 710· 6th Cir.· 1989-10-13 ·cited 6×
  The court held that the plaintiffs' § 1983 claims were properly dismissed because adequate state remedies existed to address the alleged due process violations, even if those remedies provided less relief than § 1983.
• Biegenwald v. Fauver
  882 F.2d 748· 3d Cir.· 1989-08-11 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that abstention was improper because there is substantial doubt the plaintiff could obtain a construction of the relevant state statute in any state proceeding.
• Russell v. Hardin
  879 F.2d 417· 8th Cir.· 1989-07-18 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that law enforcement officers are entitled to qualified immunity from suit when their conduct is objectively legally reasonable, even if they cooperated with the IRS in seizing property.
• Tyler v. Rich Berodt
  877 F.2d 705· 8th Cir.· 1989-06-15 ·cited 6×
  The court held that cordless telephone conversations were not protected 'wire communications' under the Wiretap Act because the users lacked a justifiable expectation of privacy.
• Harper v. Wallingford
  877 F.2d 728· 9th Cir.· 1989-06-14 ·cited 6×·via Violation Of First Amendment Rights Under 42 U.S.C. § 1983
  The court held that prison officials were justified in withholding mail from an inmate when the material was reasonably related to legitimate penological interests, specifically prison security and inmate rehabilitation.
• Felton v. Fayette Sch. Dist.
  875 F.2d 191· 8th Cir.· 1989-05-19 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that a school district's rule requiring good citizenship for participation in off-campus vocational programs, when applied to a student adjudicated delinquent, does not violate the Equal Protection Clause under a rational basis review.
• Shields v. Burge
  874 F.2d 1201· 7th Cir.· 1989-05-15 ·cited 6×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that while the allegations of governmental interference with a psychotherapeutic relationship may implicate a right of privacy, the right is not sufficiently established to overcome qualified immunity at this stage.
• Holman v. Cayce
  873 F.2d 944· 6th Cir.· 1989-05-02 ·cited 6×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that a police officer was improperly held in contempt for refusing to reveal the identity of a confidential informant, as the informant's identity was protected by the informer's privilege.
• Muckleshoot Tribe v. Puget Sound Power & Light Co.
  875 F.2d 695· 9th Cir.· 1989-04-27 ·cited 6×·via 42 U.S.C. § 1983 Action
  A prevailing plaintiff in a § 1983 action may sue for attorneys' fees unless the defendant demonstrates a clear waiver of fees as part of the settlement, even if the settlement agreement is silent on the issue.
• Pitts v. Bd. OF Educ. OF U.S.D. 305
  869 F.2d 555· 10th Cir.· 1989-03-07 ·cited 6×
  A public school teacher who knowingly waives his procedural rights under state law to a pretermination hearing forfeits his federal due process claim.
• Perez-Serrano v. DeLEON-Velez
  868 F.2d 30· 1st Cir.· 1989-02-22 ·cited 6×·via 42 U.S.C. § 1983 Action
  In a § 1983 action seeking both damages and injunctive relief, common issues of liability must first be submitted to a jury, and the district court erred by resolving liability itself.
• Johansen v. The City OF Bartlesville
  862 F.2d 1423· 10th Cir.· 1988-12-09 ·cited 6×
  The court held that the plaintiffs' claims for injunctive and declaratory relief under § 1983 were moot, and their claims for punitive damages and under § 1985 were insufficient or withdrawn, warranting dismissal.
• Coppinger v. Metro-North Commuter Railroad
  861 F.2d 33· 2d Cir.· 1988-11-03 ·cited 6×·via 42 U.S.C. § 1983 Claim For Violation Of Fourth Amendment Rights
  A district court has jurisdiction to hear a discharged employee's claim for damages and equitable relief under 42 U.S.C. § 1983, even if the discharge was upheld in arbitration under the Railway Labor Act, as the RLA does not preempt independent statutory and constitutional claim
• Borunda v. Richmond
  885 F.2d 1384· 9th Cir.· 1988-11-03 ·cited 6×·via 42 U.S.C. § 1983 Claim For Violation Of Fourth Amendment Rights
  The court held that the admission of evidence of prior acquittals and attorneys' fees incurred in the criminal case was not an abuse of discretion, and the denial of motions for nonsuit and directed verdict was proper.
• Taylor v. City OF Ballwin
  859 F.2d 1330· 8th Cir.· 1988-10-21 ·cited 6×·via 42 U.S.C. § 1983 Civil Rights Violations
  The district court abused its discretion by denying Taylor's motion for default judgment against Brouk Ziegler due to its prolonged and unexcused delay in appearing and answering.
• Dorsey v. The City OF Detroit
  858 F.2d 338· 6th Cir.· 1988-10-04 ·cited 6×
  The court held that the trial court erred in admitting a police report withheld during discovery, entitling the mother to a new trial on her claims, but affirmed the judgment for the son and other claims.
• Golden State Transit Corp. v. City OF LOS Angeles
  857 F.2d 631· 9th Cir.· 1988-09-15 ·cited 6×·via 42 U.S.C. § 1983 Claim For Damages
  Section 1983 damages are not available because the City of Los Angeles did not directly violate the National Labor Relations Act, as required by circuit precedent.
• Liffiton v. Keuker
  850 F.2d 73· 2d Cir.· 1988-06-21 ·cited 6×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Prosecutors are entitled to absolute immunity for judicial acts but only qualified immunity for investigative acts, and municipal liability requires proof of a policy. Claims against the state, a justice, a prosecutor for investigative acts, the county, and bank employees were pr
• McCORMACK v. Nat'l Collegiate Athletic Ass'n
  845 F.2d 1338· 5th Cir.· 1988-06-01 ·cited 6×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that some plaintiffs lacked standing and others failed to state a claim for relief, affirming the dismissal of their antitrust and civil rights claims against the NCAA.
• Schucker v. Rockwood
  846 F.2d 1202· 9th Cir.· 1988-05-17 ·cited 6×·via 42 U.S.C. § 1983 Action
  A judge is absolutely immune from civil liability for acts taken within their jurisdiction, even if in excess of jurisdiction, and mere invocation of state judicial process does not constitute state action for a § 1983 claim.
• Culebras Enters. Corp. v. Rivera-Rios
  846 F.2d 94· 1st Cir.· 1988-05-09 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that attorneys who performed pretrial legal services while known to be potential witnesses did not violate the advocate-witness rule under the applicable Model Rules of Professional Conduct and are eligible for attorneys' fees under 42 U.S.C. § 1988.
• Levi v. Univ. OF Tex. AT SAN Antonio
  840 F.2d 277· 5th Cir.· 1988-03-23 ·cited 6×·via § 1983
  The court held that a rational trier of fact could not find the university's tenure decision irrational, and insufficient evidence was presented for the conspiracy claim.
• Odis Solomon v. Royal OAK Twp.
  842 F.2d 862· 6th Cir.· 1988-03-15 ·cited 6×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that discharging a public employee for exposing departmental corruption violates the First Amendment, but reversed a defamation award because the statements made were substantially true.
• Williams v. Adams
  836 F.2d 958· 5th Cir.· 1988-02-05 ·cited 6×·via 42 U.S.C. § 1983 Violations
  The court held that the defendant's actions were not a significant contributing cause of the plaintiff's arrest, thus summary judgment was appropriate.
• Chandler v. Presiding Judge
  838 F.2d 977· 8th Cir.· 1988-02-03 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the Missouri tolling statute applies to a prisoner's 42 U.S.C. § 1983 action, and the repeal of the civil death statute did not remove the disability of imprisonment for tolling purposes.
• Thaddus C. Simmons v. D.J. Poppell
  837 F.2d 1243· 5th Cir.· 1988-02-02 ·cited 6×·via 42 U.S.C. § 1983 Action
  The court held that the prisoner's claim was de minimis and failed to raise a constitutional issue, thus the dismissal as frivolous was proper.