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

• Diversified Numismatics, Inc. v. City of Orlando
  783 F. Supp. 1337· M.D. Fla.· 1990-09-06 ·cited 4×
  The court held that the amended Orlando precious metals ordinance is constitutional and that the plaintiffs lack standing to challenge it, granting summary judgment for the defendants.
• Higbee v. City OF SAN Diego
  911 F.2d 377· 9th Cir.· 1990-08-24 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the arrests and subsequent transportation of plaintiffs to jail were authorized by California law and did not violate the Fourth and Fourteenth Amendments.
• Patrick v. The City OF Detroit
  906 F.2d 1108· 6th Cir.· 1990-06-28 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that while the district court erred in limiting cross-examination on the extent of injuries, this error was relevant only to damages, not liability, and thus a new trial is required solely on the amount of compensatory damages.
• Penny Saver Publ'ns v. Vill. OF Hazel Crest
  905 F.2d 150· 7th Cir.· 1990-06-14 ·cited 4×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the village ordinance was unconstitutionally vague as applied to potential advertisers in newspapers of general circulation, and that Penny Saver had standing to seek damages for lost revenues.
• Plyler v. Parker Evatt
  902 F.2d 273· 4th Cir.· 1990-05-07 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court affirmed the district court's award of attorneys' fees, finding no clear error in the hourly rates set and upholding the award for post-decree litigation that was inextricably intermingled with the original claims.
• Liscio v. Warren
  901 F.2d 274· 2d Cir.· 1990-04-12 ·cited 4×
  The court held that a factual dispute existed regarding whether the defendant physician's conduct constituted deliberate indifference to a pretrial detainee's serious medical needs, precluding summary judgment.
• HAY v. The City OF Irving
  893 F.2d 796· 5th Cir.· 1990-02-08 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that while the jury's excessive force findings were supported by evidence, the conspiracy claim was improperly submitted, and damages for constitutional deprivation were impermissible.
• Dorman v. Dist. OF Columbia
  888 F.2d 159· D.C. Cir.· 1989-10-27 ·cited 4×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the evidence presented was insufficient to justify submitting the case to the jury, as the District's training policies did not amount to deliberate indifference to the rights of persons in custody.
• Miller v. Emery Leathers
  885 F.2d 151· 4th Cir.· 1989-09-12 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The dissenting judge believes a genuine issue of material fact exists regarding the use of force, precluding summary judgment.
• Graham v. Davis
  880 F.2d 1414· D.C. Cir.· 1989-08-01 ·cited 4×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that an instruction preventing recovery if both parties used excessive force was erroneous, and that a claim for negligent training against a municipality requires alleging deliberate indifference.
• Lynch v. City OF Alhambra
  880 F.2d 1122· 9th Cir.· 1989-07-26 ·cited 4×·via 42 U.S.C. § 1983 Action
  A release-dismissal agreement is enforceable if voluntarily entered into and its enforcement is in the public interest, and the district court erred by dismissing the action solely for failure to allege prosecutorial misconduct.
• Lowrance v. Pflueger
  878 F.2d 1014· 7th Cir.· 1989-07-10 ·cited 4×·via 42 U.S.C. § 1983 Action
  Law enforcement officers are entitled to qualified immunity when they have an objectively reasonable belief that probable cause exists for an arrest, even if the arrest warrant is later found defective.
• Knight v. Armontrout
  878 F.2d 1093· 8th Cir.· 1989-06-30 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that while prison regulations created a protectible liberty interest, the inmates received adequate due process and their Eighth Amendment rights were not violated by the conditions of their extended confinement.
• Wayman L. Prince v. Poulos
  876 F.2d 30· 5th Cir.· 1989-06-22 ·cited 4×·via 42 U.S.C. § 1983 Violations
  The court held that the district court did not abuse its discretion in dismissing the complaint with prejudice as a sanction for discovery abuse, and that the awards of attorney's fees and costs were proper.
• Linden W. Shipman v. Mo. Dep't OF Fam. Servs.
  877 F.2d 678· 8th Cir.· 1989-06-12 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's claims regarding the 1982 enactments were moot, he lacked standing to challenge the 1984 enactments, and he failed to establish a causal connection for attorney fees.
• Allen v. Carroll R. Lowder
  875 F.2d 82· 4th Cir.· 1989-05-23 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that supervisory officials Johnson and Rice were entitled to qualified immunity and reversed the denial of their summary judgment motion, while Lowder was not entitled to absolute immunity and the denial of his motion was affirmed.
• Traverso v. Carleton Penn
  874 F.2d 209· 4th Cir.· 1989-05-10 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the district court's res judicata determination was erroneous because the state conviction was overturned, and that the § 1983 action should be stayed pending the outcome of a new state prosecution under abstention principles.
• Jackson v. Crews
  873 F.2d 1105· 8th Cir.· 1989-05-01 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury instructions were proper, the damages and attorney fees awards were supported by the evidence, and the defendant's other claims of error lacked merit. The court affirmed the district court's judgment.
• Sullivan v. City OF Cleveland Heights
  869 F.2d 961· 6th Cir.· 1989-03-15 ·cited 4×
  The court held that the district court did not err in finding that the clothes-changing facilities afforded to the female hockey player were substantially equal to those provided for male players, thus affirming the dismissal of her gender discrimination suit.
• Breazeale v. Larkin Smith
  857 F.2d 258· 5th Cir.· 1988-10-11 ·cited 4×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  A district court lacks the statutory or inherent authority to tax expenses not permitted by 28 U.S.C. § 1920 and § 1821 against a plaintiff or their attorney when the delay was not caused by their bad faith or willful abuse of process.
• Bradley v. Colonial Mental Health & Retardation Servs. Bd.
  856 F.2d 703· 4th Cir.· 1988-09-19 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the Bradleys' due process rights were not violated because the employer's grievance procedure, established by an employee manual, provided sufficient procedural safeguards, and the Bradleys failed to demonstrate bias or an inability to confront their accusers.
• Carey v. King
  856 F.2d 1439· 9th Cir.· 1988-09-15 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not abuse its discretion in dismissing a pro se plaintiff's action for failure to prosecute when mail was returned undeliverable and the plaintiff failed to update his address.
• Evans v. Detlefsen
  857 F.2d 330· 6th Cir.· 1988-09-15 ·cited 4×
  The court held that the district court erred in finding, as a matter of law, that the police officer lacked probable cause to arrest the plaintiff for crossing private property to avoid a traffic signal. The court reversed the jury's damage award on constitutional claims and rela
• AGG v. Hon. Timothy M. Flanagan
  855 F.2d 336· 6th Cir.· 1988-08-25 ·cited 4×·via 42 U.S.C. § 1983 Action
  The dissenting judge would remand the case to the district court for consideration of claim preclusion, and would not reach the merits of the appeal.
• Simpkins v. Sandwich Cmty. Hosp.
  854 F.2d 215· 7th Cir.· 1988-08-02 ·cited 4×
  The court held that the plaintiff failed to allege a deprivation of a constitutionally protected liberty or property interest, and thus could not establish a § 1983 claim for due process violations.
• Holland/Blue Streak v. Barthelemy
  849 F.2d 987· 5th Cir.· 1988-07-22 ·cited 4×
  The court held that the district court erred in dismissing the complaint for lack of subject-matter jurisdiction, as the complaint stated a claim arising under federal law.
• Est. OF Melvin Ritter v. Univ. OF Mich.
  851 F.2d 846· 6th Cir.· 1988-07-14 ·cited 4×
  The Board of Regents of the University of Michigan is a state agency entitled to Eleventh Amendment immunity, and it did not waive this immunity by removing the case to federal court or by failing to raise the defense earlier.
• Jackson v. Bair
  851 F.2d 714· 4th Cir.· 1988-07-13 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in granting summary judgment on the First Amendment claim because Jackson's speech concerned a matter of public concern and genuine issues of material fact remained regarding the balancing of interests and causation.
• Muhammed Hassan v. Fraccola
  851 F.2d 602· 2d Cir.· 1988-07-12 ·cited 4×·via 42 U.S.C. § 1983 Civil Rights Violations
  A municipality's duty to defend a police officer under N.Y. Pub. Off. Law § 18(3)(a) is triggered by the allegations in the plaintiff's complaint, not by a subsequent factual determination by the municipality.
• Pitts v. Turner & Boisseau, Chartered
  850 F.2d 650· 10th Cir.· 1988-07-05 ·cited 4×·via 42 U.S.C. § 1983 Claim Elements
  The court held that the plaintiff failed to state claims under RICO, 42 U.S.C. § 1985(2), and 42 U.S.C. § 1983, and that the dismissal of pendent state claims was proper due to lack of jurisdiction.
• McGRUDER v. The Phillips Cnty. Election Comm'n
  850 F.2d 406· 8th Cir.· 1988-06-24 ·cited 4×
  The court held that the appellants failed to allege facts supporting a violation of federal voting rights under the Voting Rights Act or other federal statutes and constitutional provisions. The district court's dismissal of the complaint was affirmed.
• Cobb v. Stringer
  850 F.2d 356· 8th Cir.· 1988-06-21 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's initial EEOC charge, liberally construed, provided notice of discriminatory hiring practices that could reasonably lead to an investigation of the rehiring of a male assistant principal, and that a material issue of fact existed regarding wheth
• Gonzalez v. Pub. Health Tr.
  686 F. Supp. 898· S.D. Fla.· 1988-06-17 ·cited 4×·via Discrimination Under 42 U.S.C. § 1983
  The court held that Title VII is not the exclusive remedy for claims brought under 42 U.S.C. § 1981, and that a municipality cannot be held liable under § 1981 or § 1983 without proof of a discriminatory custom or policy.
• Simmons v. Sheriff Wayne McELVEEN
  846 F.2d 337· 5th Cir.· 1988-06-08 ·cited 4×·via 42 U.S.C. § 1983 Violations
  The court held that the defendants' conduct, while potentially negligent, did not rise to the level of a constitutional violation actionable under 42 U.S.C. § 1983.
• Hewlett v. Davis
  844 F.2d 109· 3d Cir.· 1988-04-06 ·cited 4×·via 42 U.S.C. § 1983 Violations
  The court held that monetary sanctions were appropriate for discovery violations, dismissal for failure to prosecute was justified, and post-verdict discovery was permissible, but the district court erred in remanding a motion to state court instead of hearing it.
• Gutierrez v. Coughlin
  841 F.2d 484· 2d Cir.· 1988-03-10 ·cited 4×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that a state Article 78 proceeding order does not have preclusive effect in a federal § 1983 action for due process violations because damages for civil rights violations cannot be recovered in Article 78 proceedings.
• RAY v. City OF Leeds
  837 F.2d 1542· 11th Cir.· 1988-02-25 ·cited 4×
  A public employee holding a policymaking position can be discharged for political reasons, as party affiliation may be an appropriate requirement for effective performance.
• James v. Warden Alfred and Lieutenant Gilmore
  835 F.2d 605· 5th Cir.· 1988-01-14 ·cited 4×·via § 1983 Suit
  The court held that the district court did not err in dismissing the pro se § 1983 suit as frivolous under 28 U.S.C. § 1915(d).
• Giarratano v. Murray
  836 F.2d 1421· 4th Cir.· 1988-01-04 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that Virginia's provision of an adequate law library and institutional attorneys satisfies the constitutional right to meaningful access to the courts for death row inmates, and there is no constitutional right to appointed counsel for state post-conviction proceed
• Gunkel v. City OF Emporia
  835 F.2d 1302· 10th Cir.· 1987-12-29 ·cited 4×·via 42 U.S.C. § 1983 Action
  A building permit issued in violation of city ordinances or based on incorrect information confers no property right under Kansas law, and thus its revocation does not violate federal due process rights under 42 U.S.C. § 1983.
• Citizen's Ass'n OF Portland v. Int'l Raceways, Inc.
  833 F.2d 760· 9th Cir.· 1987-12-01 ·cited 4×
  The court held that plaintiffs failed to state a claim under 42 U.S.C. § 1983 for constitutional violations related to noise from a racetrack, and that neither party was entitled to attorney fees under 42 U.S.C. § 1988.
• Pressly v. H.H. Gregory
  831 F.2d 514· 4th Cir.· 1987-10-21 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that magistrates are immune from suit for judicial acts and that a § 1983 claim challenging incarceration is a habeas petition requiring dismissal for lack of jurisdiction over the custodian.
• Sarus v. Benny Rotundo
  831 F.2d 397· 2d Cir.· 1987-10-15 ·cited 4×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the plaintiffs failed to present sufficient evidence to infer an actionable municipal policy, making it error to deny the defendants' motions for directed verdicts and judgments n.o.v.
• Sahagian v. Dickey
  827 F.2d 90· 7th Cir.· 1987-08-14 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that a state is not constitutionally required to provide legal materials for discretionary appeals, but reversed the denial of damages for denial of access at Marion, remanding for further proceedings.
• Wicker v. Bd. OF Educ. OF Knott Cnty.
  826 F.2d 442· 6th Cir.· 1987-08-14 ·cited 4×
  A federal court plaintiff who properly reserves federal issues before state court abstention can return to federal court, even if they initially filed in state court, but state court findings on issues actually and necessarily litigated may have preclusive effect.
• Ouzts v. Sgt. D. Cummins
  825 F.2d 1276· 8th Cir.· 1987-08-13 ·cited 4×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that a prisoner's pro se complaint alleging a beating by correction officers and a warden's failure to respond to a grievance was properly dismissed.
• John R. Tambone, M.D. v. Mem'l Hosp. FOR McHENRY Cnty., Inc.
  825 F.2d 1132· 2d Cir.· 1987-07-14 ·cited 4×
  The court held that Illinois did not actively supervise hospital peer review committees prior to 1983, thus the state action doctrine did not exempt defendants' conduct from federal antitrust laws.
• Anderson v. Roberts
  823 F.2d 235· 8th Cir.· 1987-07-09 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the sheriff's discovery responses did not sufficiently demonstrate the absence of a genuine issue of material fact regarding his deliberate indifference in training and supervision, thus denying his motion for summary judgment based on qualified immunity.
• Martinez v. Curt Staudt and Darrin White
  831 F.2d 926· 10th Cir.· 1987-06-24 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the district court lacked jurisdiction to refer a prisoner's section 1983 action to a magistrate for trial without the parties' consent, absent specific statutory authorization.
• Hunt v. Robeson Cnty. Dep't OF Soc. Servs.
  816 F.2d 150· 4th Cir.· 1987-04-10 ·cited 4×
  The court held that plaintiffs failed to exhaust administrative remedies under LIHEA and that LIHEA does not create enforceable rights under 42 U.S.C. § 1983.