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

• The Mihalek Corp. & Lawrence Patrick Mihalek v. The State OF Mich.
  814 F.2d 290· 6th Cir.· 1987-03-18 ·cited 4×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that there was no substantial similarity between the plaintiff's copyrighted materials and the state's advertising campaign, thus no copyright infringement or Lanham Act violation occurred.
• Travis v. Norris
  805 F.2d 806· 8th Cir.· 1986-11-18 ·cited 4×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the booklet 'Gorilla Law' could not be prohibited by prison officials as it did not pose a security risk or frustrate rehabilitation goals.
• Franco v. Moreland
  805 F.2d 798· 8th Cir.· 1986-11-18 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the St. Louis County Jail Directive 301 created a protectible liberty interest, and the jury instructions failed to adequately inform the jury of the procedural due process requirements for placing an inmate in administrative segregation.
• Jordan v. Multnomah Cnty.
  799 F.2d 1262· 9th Cir.· 1986-09-11 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the district court abused its discretion by failing to make adequate findings to support its reduced attorney fee award and by denying a multiplier without proper justification. The denial of a multiplier was affirmed.
• Leggett v. Badger
  798 F.2d 1387· 11th Cir.· 1986-09-09 ·cited 4×·via 42 U.S.C. § 1983 Action
  The district court correctly declined to enforce a prior mandate because intervening controlling authority (Kentucky v. Graham) dictated a contrary result, falling under a narrow exception to the law of the case doctrine.
• Stevens v. Corbell
  798 F.2d 120· 5th Cir.· 1986-08-08 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court granted the motion for a stay pending appeal, finding that the denial of qualified immunity turned on an issue of law and was therefore immediately appealable.
• Waggoner v. Mosti
  792 F.2d 595· 6th Cir.· 1986-06-12 ·cited 4×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury's answers to special interrogatories were not irreconcilably inconsistent and affirmed the trial court's denial of a new trial. The court also affirmed the award of attorney fees.
• Dial v. Coler
  791 F.2d 78· 7th Cir.· 1986-05-15 ·cited 4×·via 42 U.S.C. § 1983 Action
  The Eleventh Amendment bars claims for notice and declaratory relief when there is no ongoing violation of federal law to enjoin, and the claims of the Vondran subclass are not ripe for review due to a lack of a concrete dispute about current state policy.
• Wilson v. Lt. Clifton Lambert and Sgt. W.F. Straughn
  789 F.2d 656· 8th Cir.· 1986-05-02 ·cited 4×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the district court's findings of fact were not clearly erroneous and affirmed the judgment awarding damages to the inmate.
• Akbar v. Fairman
  788 F.2d 1273· 7th Cir.· 1986-04-22 ·cited 4×·via 42 U.S.C. § 1983 Action
  The Seventh Circuit affirmed the district court's denial of compensatory damages for procedural due process violations, finding that the underlying disciplinary actions against the inmates were justified. However, the court reversed the district court's award of expenses for the
• Mohler v. The State OF Miss.
  782 F.2d 1291· 5th Cir.· 1986-02-18 ·cited 4×
  The Eleventh Amendment bars a federal court suit by private citizens against a state, even when seeking to compel state officials to enforce state law, absent express consent or waiver of immunity.
• Washington v. Duffy Breaux
  782 F.2d 553· 5th Cir.· 1986-02-14 ·cited 4×·via § 1983 Suit
  The court held that the appellant's section 1983 suit was properly dismissed as untimely filed because the initial filing in a state appellate court without proper service did not interrupt the statute of limitations.
• Edmond B. McKINLEY v. Baden
  777 F.2d 1017· 5th Cir.· 1985-12-05 ·cited 4×·via § 1983
  The court held that the trial court clearly erred in finding that the plaintiff's support of a fellow officer was a substantial or motivating factor in his dismissal, and that the record did not establish actual malice with convincing clarity for the defamation claim.
• Cervantez v. Whitfield
  776 F.2d 556· 5th Cir.· 1985-11-18 ·cited 4×
  The court held that plaintiffs were not prevailing parties under the Equal Access to Justice Act because the settlement with the INS did not provide relief beyond what existing law already required, and thus, attorney's fees were not warranted.
• Reynolds v. Foree
  771 F.2d 1179· 8th Cir.· 1985-09-05 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that dismissing a pro se civil rights complaint due to an incarcerated plaintiff's failure to appear at a pretrial hearing is an abuse of discretion, and that indigent pro se prisoner litigants meeting certain burdens should be appointed counsel.
• Bonar v. Ambach
  771 F.2d 14· 2d Cir.· 1985-08-14 ·cited 4×·via 42 U.S.C. § 1983 Action
  Attorneys' fees under 42 U.S.C. § 1988 are not available for claims falling within the Education for All Handicapped Children Act (EHA) unless a separate due process claim independent of EHA, demonstrating irreparable harm, is established.
• Janette Dyke Murr v. Stinson
  752 F.2d 233· 6th Cir.· 1985-01-14 ·cited 4×
  The court held that admitting evidence of the Sheriff's prior felony convictions to impeach his credibility was not an abuse of discretion.
• Bushnell v. Rossetti
  750 F.2d 298· 4th Cir.· 1984-12-21 ·cited 4×·via 42 U.S.C. § 1983 Action
  Agreements releasing civil rights claims in exchange for post-conviction sentencing consideration are enforceable if voluntary, deliberate, and informed, and do not present the same public policy concerns as agreements made before conviction.
• Kitchens v. Tex. Dep't OF Human Res.
  747 F.2d 985· 5th Cir.· 1984-12-03 ·cited 4×·via 42 U.S.C. § 1983 Violations
  The Eleventh Amendment bars federal courts from exercising pendent jurisdiction over state-law claims for money damages against a state agency.
• Nicholson v. Layton
  747 F.2d 1225· 8th Cir.· 1984-11-08 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not err in admitting evidence of the appellants' prior convictions and the victim's condition, as the prejudicial effect did not outweigh the probative value.
• Taylor v. Best
  746 F.2d 220· 4th Cir.· 1984-09-27 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that a prisoner's Fifth Amendment right against self-incrimination did not arise when questioned by a prison psychologist for classification purposes, and his privacy interest in his family background was outweighed by prison security and rehabilitation needs.
• City OF Lake Worth v. Walton
  462 So. 2d 1137· Fla. 4th DCA· 1984-09-19 ·cited 4×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  A police officer sued his employer, the City of Lake Worth, for wrongfully denying him a promotion to sergeant despite his entitlement under civil service rules and veterans' preference statutes. The trial court awarded $75,000 in compensatory damages and $30,000 in attorney's fe
• Meeker v. Addison
  586 F. Supp. 216· S.D. Fla.· 1984-07-06 ·cited 4×
  The court held that Florida has waived sovereign immunity for federal civil rights actions under 42 U.S.C. § 1983, allowing such suits against the state and its agencies, but state tort claims require exhaustion of administrative remedies.
• McCURRY v. Tesch
  738 F.2d 271· 8th Cir.· 1984-06-29 ·cited 4×·via 42 U.S.C. § 1983 Claim For Damages
  The dissenting judge believes the law enforcement officers were acting in obedience to court orders and should be afforded absolute immunity from damages liability.
• Sanders v. Frisby
  736 F.2d 1230· 8th Cir.· 1984-06-12 ·cited 4×·via 42 U.S.C. § 1983 Action
  The doctrine of collateral estoppel bars relitigation of Fourth Amendment claims in a § 1983 action when those claims were actually litigated and decided in state criminal proceedings, even if the conviction was later reversed on other grounds.
• Snider v. Creasy
  728 F.2d 369· 6th Cir.· 1984-03-01 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the Ohio Department of Public Welfare (ODPW) cannot deem Old Age Survivors and Disability Income (OASDI) benefits paid to a representative payee as available to an Aid to Families with Dependent Children (AFDC) applicant unless the agency proves the benefits w
• Spath v. Nat'l Collegiate Athletic Ass'n
  728 F.2d 25· 1st Cir.· 1984-02-23 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the student failed to demonstrate a likelihood of success on the merits for his constitutional claims and contract claims, thus reversing the preliminary injunction.
• M.P. Doran v. F.H. Houle and James W. Glosser
  721 F.2d 1182· 9th Cir.· 1983-11-18 ·cited 4×
  The court held that veterinarians did not possess a constitutionally protected property interest in their permits to perform a specific brucellosis test, as their authority was subject to the unrestricted discretion of government officials.
• Magayanes v. T.J. Terrance
  739 F.2d 1131· 7th Cir.· 1983-09-26 ·cited 4×
  The court affirmed the judgment for the defendants, finding no merit in the plaintiff's challenges to the jury verdict.
• Jackson v. W.I. Hollowell
  714 F.2d 1372· 5th Cir.· 1983-09-22 ·cited 4×
  The court held that prison officials were not entitled to qualified immunity because the constitutional right to be free from inadequately screened trusty shooters was clearly established, and the officials were aware of this right. The court affirmed the jury's verdict finding i
• Beard v. A.L. Lockhart
  716 F.2d 544· 8th Cir.· 1983-09-13 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not err in dismissing the suit against Director Lockhart prior to trial and in granting the remaining defendants' motion for involuntary dismissal.
• Nordgren v. Mitchell
  716 F.2d 1335· 10th Cir.· 1983-09-07 ·cited 4×·via 42 U.S.C. § 1983 Action
  The Due Process Clause does not require Utah to appoint counsel for all indigent inmates in paternity proceedings, as these actions do not directly involve a potential deprivation of liberty.
• Trudeau v. Wyrick
  713 F.2d 1360· 8th Cir.· 1983-08-05 ·cited 4×
  The dissenting judge would reverse and remand, finding the jury's verdict unsupported by the instructions given and the theories submitted.
• Ozell Jones v. Wichita State Univ. & Nat'l Collegiate Athletic Ass'n
  698 F.2d 1082· 10th Cir.· 1983-01-24 ·cited 4×
  The court held that the plaintiff's claim that NCAA eligibility rules violated the Equal Protection Clause did not present a substantial federal question, and even if it did, the rules were rationally related to legitimate objectives.
• Manecke v. SCH. BD. of Pinellas Cnty.
  553 F. Supp. 787· M.D. Fla.· 1982-12-21 ·cited 4×
  The court held that the Rehabilitation Act of 1973 does not provide for private damage actions, and Section 504 rights cannot be asserted under 42 U.S.C. § 1983 for damages.
• S. Fla. Chapter of the Associated Gen. Contractors of Am., Inc. v. Metro. Dade Cnty.
  552 F. Supp. 909· S.D. Fla.· 1982-12-16 ·cited 4×
  The court held that the 'set-aside' provision of the county's race-conscious ordinance, which limited competition for certain contracts exclusively among Black contractors, violated the Equal Protection Clause of the Fourteenth Amendment, but the 'goals' provision, setting a perc
• Williams v. Morris
  697 F.2d 1349· 10th Cir.· 1982-12-06 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the availability of a state court remedy for negligent loss of property by prison employees satisfies due process requirements for a section 1983 claim.
• Wolkenstein v. Reville
  694 F.2d 35· 2d Cir.· 1982-11-18 ·cited 4×
  The court held that Superintendent Reville's role in evaluating objections to strike participation determinations did not violate due process, as he lacked a disqualifying personal or institutional interest and his decisions were subject to judicial review.
• Neal v. Crawford A. Howell & The City of Rock Hill
  689 F.2d 473· 4th Cir.· 1982-09-10 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that even if a plaintiff's protected conduct was a motivating factor in an adverse employment decision, the employer can prevail if they demonstrate the same decision would have been made regardless of the protected conduct.
• Cozart v. Winfield
  687 F.2d 1058· 7th Cir.· 1982-09-02 ·cited 4×
  A township regulation imposing a thirty-day waiting period for General Assistance benefits for those terminated for cause is permissible under Illinois law and does not violate the Fourteenth Amendment's Due Process or Equal Protection clauses.
• Buffalo Teachers Fed'n, Inc. v. Helsby
  676 F.2d 28· 2d Cir.· 1982-04-01 ·cited 4×
  The court held that the dues checkoff forfeiture provision of the Taylor Law, as applied, does not violate the Equal Protection Clause because the distinction between PERB and mini-PERBs has a rational basis and the application was not discriminatory.
• Jureczki v. The City OF Seabrook
  668 F.2d 851· 5th Cir.· 1982-02-26 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in dismissing the plaintiff's complaint without an adequate hearing and without considering the Younger v. Harris abstention doctrine after state proceedings had concluded.
• Sovereign News Co. v. Falke
  674 F.2d 484· 6th Cir.· 1982-02-04 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the district court had too narrowly construed the Ohio Supreme Court's opinion regarding the obscenity statute's constitutionality.
• Ward v. Johnson
  667 F.2d 1126· 4th Cir.· 1981-12-30 ·cited 4×·via 42 U.S.C. § 1983 Action
  The dissenting judge believes the presiding officer in administrative proceedings is immune from personal liability under § 1983 for evidentiary rulings.
• Street v. P. G. Cnty. Police Detective Cherba
  662 F.2d 1037· 4th Cir.· 1981-10-01 ·cited 4×·via 42 U.S.C. § 1983 Action
  Police officers are entitled to qualified immunity if they acted with a reasonable and good faith belief that they acted lawfully, even if their actions were later found unlawful.
• Jackson v. Ala. Dep't OF Pub. Safety
  657 F.2d 689· 5th Cir.· 1981-09-28 ·cited 4×·via Section 1983
  The court held that a claim alleging non-compliance with a prior consent decree must be litigated within that existing class action, not as a new independent suit.
• Bacon v. Toia
  648 F.2d 801· 2d Cir.· 1981-05-04 ·cited 4×
  The court held that certain amendments to New York's emergency assistance law denying cash aid to AFDC recipients and denying aid for loss or theft of grants violate the Equal Protection Clause, but upheld the statute against a Supremacy Clause challenge.
• Members OF the Bridgeport Hous. Auth. Police Force v. City OF Bridgeport
  646 F.2d 55· 2d Cir.· 1981-04-20 ·cited 4×
  The court held that the City did not violate Title VII, 42 U.S.C. §§ 1981, or 1983, but did violate the Model Cities Act by failing to grant civil service status to the Housing Police.
• Hagopian v. Trefrey
  639 F.2d 52· 1st Cir.· 1981-02-03 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the town manager did not possess a constitutionally protected property or liberty interest in his employment, as the town charter allowed for dismissal without cause and the charges were not sufficiently serious or specific.
• In re Suspension to Practice Before the United States Dist. Court of the S. Dist. of Iowa of John D. Randall. Appeal of John D. Randall. John D. Randall v. Reynoldson
  640 F.2d 898· 8th Cir.· 1981-01-21 ·cited 4×·via 42 U.S.C. § 1983 Action
  The court held that the federal district courts did not err in disbarring Randall based on the Iowa Supreme Court's disbarment, and Randall is disbarred from the Eighth Circuit.