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
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994 F.2d 291·
6th Cir.·
1993-06-01
·cited 4×
The court held that while a state creating an initiative procedure must adhere to constitutional limits, Michigan's specific procedures for verifying petition signatures did not violate the First or Fourteenth Amendments.
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The court granted defendants' motion for summary judgment in part, finding plaintiff's allegations of conspiracy and constitutional violations to be vague and conclusory, but deferred ruling on a specific gaintime calculation issue.
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991 F.2d 628·
10th Cir.·
1993-04-12
·cited 4×
The court held that the appellant's federal claims were barred by the two-year statute of limitations, and the trial court did not err in dismissing the state law contract claim.
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A prior federal habeas corpus decision can have preclusive effect in a subsequent 42 U.S.C. § 1983 action.
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The court held that the district court correctly denied summary judgment on the excessive force claim, finding the officer's conduct potentially violated clearly established law, and correctly granted summary judgment on the denial of medical treatment and malicious prosecution c
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The court held that the McGregor Volunteer Fire Department (MVFD) was not a state actor, and therefore, the appellants' § 1983 claims against the MVFD, the City of McGregor, and Councilman Kirk failed.
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The court held that prison officials are not entitled to qualified immunity when they refuse to obey a final and nonappealable court order to release a prisoner, as this violates a clearly established liberty interest.
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981 F.2d 1537·
8th Cir.·
1992-12-09
·cited 4×
The court held that the evidence was sufficient to support the jury's finding that the appellees' resignations were involuntarily extracted, thus overcoming the presumption of voluntariness, and that sufficient evidence existed to hold Kleinknecht and St. Louis County liable unde
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The court held that the Texas Catastrophe Property Insurance Association (CATPOOL) possesses a constitutional right to retain its own counsel in civil matters, and the statutory amendment forcing it to use the Attorney General violated this right.
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The court held that the revocation of good time credits was supported by "some evidence" as required by due process, even if the evidence was meager.
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A prisoner cannot be punished for a conduct violation without appropriate notice and hearing, and prison officials cannot avoid these requirements by labeling segregation as administrative. However, administrative segregation is permissible for legitimate security reasons.
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The court held that while some defendants were entitled to qualified immunity due to lack of knowledge of suicidal tendencies, one defendant's deliberate indifference to a known suicide risk warranted denial of summary judgment. The court affirmed the denial of summary judgment f
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The court held that the force used against the prisoner was unnecessary, wanton, and applied maliciously and sadistically to cause harm, violating the Eighth Amendment.
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The court held that defendants waived their right to appeal the jury's award of punitive damages without compensatory damages by failing to object to the jury instruction that permitted such an award.
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The court held that the plaintiffs failed to raise a fact issue regarding the county's deliberate indifference in hiring and training jail personnel, and that the wife's state-law claims were also insufficient.
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957 F.2d 535·
8th Cir.·
1992-02-20
·cited 4×
The court held that the prison's grooming regulation is reasonably related to legitimate penological interests and that the inmate lacked standing to challenge counsel appointments.
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953 F.2d 839·
3d Cir.·
1992-01-10
·cited 4×
The court held that New Jersey Department of Corrections regulations, by using mandatory language and establishing specific substantive predicates for placing inmates in restrictive custody, created a constitutionally protected liberty interest. The court further held that the "r
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The court held that the reasonableness standard, not the Franks standard, applies to determine if a search warrant's description of a location was sufficiently particular under the Fourth Amendment.
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951 F.2d 1504·
9th Cir.·
1991-12-23
·cited 4×
The court held that the Department of Corrections policies denied inmates meaningful access to the courts, and the district court's grant of summary judgment and injunctions were proper.
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950 F.2d 665·
10th Cir.·
1991-12-04
·cited 4×
The court held that the district court did not abuse its discretion in dismissing free speech claims not included in the pretrial order, affirming the grant of summary judgment.
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A prison visitor's consent to a strip search is not legally cognizable if conditioned on the choice between the search and foregoing visitation, and the reasonableness of such a search is a question of fact for the jury.
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The court held that the defendants waived their claim of prejudice from evidence of prior incidents by refusing a limiting instruction and that the denial of the motion to dismiss the City was moot. The court also affirmed the admission of police reports and upheld the jury's ver
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The fugitive from justice rule may be selectively applied in civil cases, but dismissal is not automatic and requires consideration of individual circumstances; Perko's two-day escape did not warrant dismissal.
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The court held that it lacked subject matter jurisdiction and that the plaintiff failed to state a claim upon which relief could be granted, thus granting the motions to dismiss.
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944 F.2d 1534·
10th Cir.·
1991-08-28
·cited 4×
Title III of the Omnibus Crime Control and Safe Streets Act does not apply to a custodial parent intercepting a minor child's telephone conversations within the family home, and a prosecutor is entitled to absolute immunity for prosecutorial decisions.
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The court held that dismissal is an extreme sanction requiring consideration of multiple factors, and less drastic sanctions should be imposed when a pro se litigant, who is indigent and handicapped, shows attempts to comply and obtains counsel.
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940 F.2d 384·
8th Cir.·
1991-08-06
·cited 4×
The court held that the 'discharge for cause' language in the Employee Agreement created a property interest in the employee's job, entitling him to due process.
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The court held that the Nevada State Industrial Insurance System (SIIS) is a state agency entitled to Eleventh Amendment immunity, and therefore the plaintiff's 42 U.S.C. § 1983 action against SIIS and its General Manager sued in his official capacity was properly dismissed.
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The court held that the evidence presented a jury question as to whether the defendants had reason to suspect the plaintiff's injuries were serious immediately after arrest and at the police station.
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Summary judgment for the employer is affirmed because the employee failed to raise a triable issue of material fact regarding her claims, including that her layoff was due to a legitimate reduction in force and not discriminatory reasons.
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The court held that a prisoner was not denied due process when the prison administration corrected an initial procedural error by granting a rehearing to admit evidence.
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The court held that factual disputes prevented summary judgment on the qualified immunity issue, and the district court's decision should be affirmed.
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The court held that sanctions under Rule 11 were improperly imposed on attorney J. Brian Heller because his arguments regarding the statute of limitations and the repleading of dismissed claims were made in good faith and had a basis in law at the time.
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The court held that genuine issues of material fact exist regarding the reasonableness of the defendant's actions in removing the plaintiff from the meeting, thus precluding summary judgment.
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The court held that the district court erred in ordering the City to pay judgments against individual officers after the City had been dismissed from the action, and that the Oklahoma Governmental Tort Claims Act did not apply because the officers' conduct, as indicated by puniti
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930 F.2d 1283·
7th Cir.·
1991-05-01
·cited 4×
The court held that the state's failure to protect a resident from violence by another resident, even in public housing, does not violate the Fourteenth Amendment's due process clause.
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The court held that the district court erred in finding the Secretary's position substantially justified for the period before March 24, 1987, and thus plaintiffs are entitled to attorneys' fees under the EAJA for that period.
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The court held that the police officer was protected by qualified immunity from the section 1983 action because his conduct in obtaining search warrants and seizing equipment was objectively reasonable, even if minor procedural errors occurred or statutory interpretation was late
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The court held that the Title VII claim was time-barred, but the section 1983 claim against the school district was saved by Oklahoma's statute of limitations. The section 1983 claim against the board members was time-barred.
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The court held that a district court cannot reduce an attorney fee award solely based on proportionality to the damages recovered, but affirmed the reduction because the plaintiff achieved only limited success by not pursuing equitable relief.
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The court granted summary judgment for the defendants, finding no genuine issue of material fact regarding the plaintiff's free exercise and due process claims, and upholding the defendants' qualified immunity.
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The court held that the district court erred in sua sponte dismissing certain claims as legally frivolous under 28 U.S.C. § 1915(d), as they had an arguable basis in law or fact.
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The court held that the record did not provide sufficient evidence to grant summary judgment, as it was unclear whether the inmate violated administrative rules or was acting under orders.
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The court held that the professional judgment standard, not deliberate indifference, applies to claims by involuntarily institutionalized mentally retarded individuals. It reversed summary judgment on the February 15 assault claim but affirmed it on the restraint and February 3 a
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The court held that material issues of fact exist regarding whether the inmate had adequate notice that the altered jeans constituted contraband and whether supervisors were personally involved, requiring reversal of summary judgment for those officials.
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A § 1983 action against a municipality for an employee's death requires an abuse of governmental power, not merely negligence or failure to train, especially in an employer-employee context.
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914 F.2d 1464·
11th Cir.·
1990-10-15
·cited 4×
The court held that the Eleventh Amendment does not bar prospective relief for mentally retarded individuals discharged or transferred from a state institution during litigation, as the relief is tied to ensuring appropriate placement rather than compensating for past wrongs.
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The Court held that while the Parratt doctrine did not bar the plaintiff's claim, the state's license revocation procedures satisfied due process requirements.
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