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

• Barlow v. Officer George Ground
  943 F.2d 1132· 9th Cir.· 1991-09-05 ·cited 2×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that disputed facts precluded summary judgment on claims of unlawful arrest, excessive force, and qualified immunity for the warrantless blood draw, but affirmed qualified immunity for the second blood draw conducted under a facially valid warrant.
• Schuldt v. Mankato Indep. Sch.
  937 F.2d 1357· 8th Cir.· 1991-07-05 ·cited 2×
  The court held that a school district's procedural violations do not mandate a specific remedy if the child is otherwise receiving a free appropriate public education in the least restrictive environment. The court also affirmed that cost can be a factor in placement decisions un
• Plott v. Griffiths
  938 F.2d 164· 10th Cir.· 1991-07-01 ·cited 2×
  The court held that a plaintiff who prevails on a state statutory claim, which is factually related to a substantial federal constitutional claim, is entitled to attorney's fees under 42 U.S.C. § 1988, even if the constitutional claim is not decided.
• Arthuro Q. Bermudez v. Duenas
  936 F.2d 1064· 9th Cir.· 1991-06-18 ·cited 2×·via 42 U.S.C. § 1983 Action
  The Guam parole statute creates a liberty interest protected by due process, requiring reversal of the dismissal of the due process claim. Other claims were properly dismissed.
• Chowaniec v. Arlington Park Race Track
  934 F.2d 128· 7th Cir.· 1991-06-07 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the Supreme Court's decision in Kay v. Ehrler, which prohibits pro se attorneys from recovering fees under section 1988, applies retroactively and governs the appeal, and that the defendants' failure to cross-appeal prevents challenging the initial fee award.
• Am. Fire v. Roxani M. Gillespie
  932 F.2d 816· 9th Cir.· 1991-05-08 ·cited 2×·via 42 U.S.C. § 1983 Action
  Qualified immunity is an affirmative defense only to damage liability and does not bar actions for declaratory or injunctive relief.
• McKEEVER v. Block
  932 F.2d 795· 9th Cir.· 1991-05-02 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the amended complaint was not frivolous and therefore the plaintiff's refusal to file a second amended complaint did not constitute an unreasonable failure to prosecute.
• Miss. Prot. & Advocacy Sys., Inc. v. Cotten
  929 F.2d 1054· 5th Cir.· 1991-04-29 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the Center's restrictive visitation policies interfered with the Mississippi Protection and Advocacy System's (MP & A) ability to effectively advocate for residents, violating the Developmental Disabilities Act, and affirmed the district court's grant of summa
• Larry v. White
  929 F.2d 206· 5th Cir.· 1991-04-24 ·cited 2×
  The court held that the plaintiffs failed to demonstrate a genuine issue of material fact regarding racial discrimination in their dental licensing examinations, thus affirming the grant of summary judgment.
• Davies v. Grossmont Union High Sch. Dist.
  930 F.2d 1390· 9th Cir.· 1991-04-08 ·cited 2×
  A settlement agreement provision barring a party from seeking or holding elective office is void as against public policy, as the public interest in the right to vote and elect representatives outweighs the interest in enforcing such a private agreement.
• Grace v. Wainwright
  761 F. Supp. 1520· M.D. Fla.· 1991-03-28 ·cited 2×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  Summary judgment for defendants is granted because the plaintiff failed to demonstrate genuine issues of material fact regarding his claims of cruel and unusual punishment and deliberate indifference to medical needs.
• Caldwell v. LeFAVER
  928 F.2d 331· 9th Cir.· 1991-03-20 ·cited 2×·via 42 U.S.C. § 1983 Action
  The social workers' conduct is shielded by qualified immunity because they did not violate clearly established constitutional or statutory rights of the parent.
• Moore v. Long
  924 F.2d 586· 5th Cir.· 1991-02-28 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the amended complaint adding a new defendant did not relate back to the original complaint because the new defendant did not receive timely notice within the limitations period.
• Brogsdale v. Barry
  926 F.2d 1184· D.C. Cir.· 1991-02-26 ·cited 2×
  Officials are protected by qualified immunity and cannot be held personally liable for inmate injuries resulting from prison overcrowding and a riot, as the constitutional law was not sufficiently clear in 1983.
• Purnell v. City OF Akron
  925 F.2d 941· 6th Cir.· 1991-02-13 ·cited 2×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the denial of the Campbells' motion to intervene as a matter of right was appealable and that they met the requirements for intervention.
• Gray v. Detective Spillman
  925 F.2d 90· 4th Cir.· 1991-02-07 ·cited 2×·via 42 U.S.C. § 1983 Action
  Serious physical injury is not an essential element of a 42 U.S.C. § 1983 claim when the allegation is being beaten or threatened during custodial interrogation. Summary judgment for the officers is reversed because the plaintiff's testimony creates a genuine issue of material fa
• Dean v. City OF Worcester
  924 F.2d 364· 1st Cir.· 1991-01-23 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the officers' use of force was objectively reasonable under the Fourth Amendment and state law, and thus summary judgment for the defendants was proper.
• Carelli v. Howser
  923 F.2d 1208· 6th Cir.· 1991-01-18 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that while plaintiffs are beneficiaries of Title IV-D, the comprehensive remedial scheme provided by Congress forecloses a private right of action under 42 U.S.C. § 1983 for alleged statutory violations.
• Friend v. Kolodzieczak
  923 F.2d 126· 9th Cir.· 1991-01-03 ·cited 2×·via 42 U.S.C. § 1983 Action
  A prison regulation prohibiting inmates from possessing rosaries and scapulars in their cells is valid if reasonably related to legitimate penological interests.
• Martinez-Velez v. Simonet
  919 F.2d 808· 1st Cir.· 1990-11-28 ·cited 2×
  The court held that the licensing board was justified in withholding the appellant's examination scores and license pending the resolution of a legitimate ethical investigation, as he had not yet established a clear entitlement to the license.
• Miles v. Metro. Dade Cnty.
  916 F.2d 1528· 11th Cir.· 1990-11-09 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that billing court costs to tenants against whom eviction actions were improperly brought is illegal. However, tenants against whom eviction actions were properly brought and who subsequently paid court costs are not entitled to relief under the Brooke Amendment an
• Town OF Lake Clarke Shores v. Page
  569 So. 2d 1256· Fla.· 1990-11-08 ·cited 2×·via 42 U.S.C. § 1983 Action
  The Florida Supreme Court held that state trial courts have subject matter jurisdiction over 42 U.S.C. § 1983 actions against municipalities, rejecting the town's sovereign immunity defense. Following the U.S. Supreme Court's decision in Howlett v. Rose, the court clarified that
• Young v. Biggers
  917 F.2d 873· 5th Cir.· 1990-11-06 ·cited 2×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
• Black Ass'n OF NEW Orleans Fire Fighters (Banoff) v. The City OF NEW Orleans
  911 F.2d 1063· 5th Cir.· 1990-09-14 ·cited 2×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the appeal of the attorney's fee award was timely, but remanded the case because the district court failed to provide sufficient reasoning for the amount awarded.
• Crooks v. Maynard
  913 F.2d 699· 9th Cir.· 1990-08-31 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that Judge Maynard is protected by absolute judicial immunity because issuing a contempt citation to enforce a judicial order constitutes a judicial act performed within his colorable jurisdiction.
• Henson v. Sgt. T.S. Falls
  912 F.2d 977· 8th Cir.· 1990-08-29 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the magistrate made improper credibility determinations and misapplied the standard for a directed verdict, thus denying the plaintiff his right to a jury trial.
• S. Ridge Baptist Church v. Indus. Comm'n OF Ohio
  911 F.2d 1203· 6th Cir.· 1990-08-17 ·cited 2×
  The court affirmed the district court's decision, finding no less restrictive means for workers' compensation coverage for church-related employees than Ohio has taken.
• Welch v. Fritz
  909 F.2d 1330· 9th Cir.· 1990-07-27 ·cited 2×·via 42 U.S.C. § 1983 Action
  The appeal from the civil rights action dismissal is dismissed as untimely, and the dismissal of the habeas corpus petition is affirmed.
• Bianchi v. Bellingham Police Dep't
  909 F.2d 1316· 9th Cir.· 1990-07-26 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that actual, uninterrupted incarceration is the touchstone for determining disability by incarceration under Washington's tolling provision, allowing the statute of limitations to be tolled.
• Huston v. Cranston J. Mitchell
  908 F.2d 275· 8th Cir.· 1990-07-06 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that it lacked jurisdiction over the Johnmeyer appeal due to a failure to file a separate notice of appeal, and affirmed the dismissal of the Mitchell case as moot.
• Munz v. Crispus C. NIX
  908 F.2d 267· 8th Cir.· 1990-07-05 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court should affirm the stay and allow the district court to consider remaining issues after state exhaustion.
• Thomas v. City OF NEW Albany
  901 F.2d 476· 5th Cir.· 1990-05-18 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the Supreme Court's decision in Owens v. Okure should be applied to the plaintiff's case, even if viewed as a retroactivity issue, because no inequity resulted from its application.
• Scott v. James
  902 F.2d 672· 8th Cir.· 1990-05-03 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court affirmed the district court's judgment, holding that the plaintiff failed to demonstrate sufficient prejudice from defense counsel's improper remarks or other alleged errors to warrant a new trial.
• Westborough Mall, Inc. v. City OF Cape Girardeau
  901 F.2d 1479· 8th Cir.· 1990-05-01 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court reserved judgment on the City's liability for the city manager's actions pending a determination of damages, remanding for that purpose.
• Melva Pressey v. Kendall R. Patterson
  898 F.2d 1018· 5th Cir.· 1990-04-23 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that striking the City's answer and entering a default judgment for discovery abuse was an abuse of discretion, as the misconduct did not rise to the level of bad faith or willful abuse required for such a severe sanction.
• Ryan v. Clemente
  901 F.2d 177· 1st Cir.· 1990-04-17 ·cited 2×
  The court affirmed the district court's imposition of Rule 11 sanctions against an attorney for filing a complaint without reasonable inquiry into its factual and legal basis.
• O'Reilly v. Cnty. Bd. OF Appeals FOR Montgomery Cnty.
  900 F.2d 789· 4th Cir.· 1990-04-13 ·cited 2×·via 42 U.S.C. § 1983 Action
  The dissenting judge believes the district court properly applied issue preclusion, barring the appellant from relitigating claims already rejected by the state court.
• N.A.A.C.P. v. Detroit Police Officers Ass'n (Dpoa)
  900 F.2d 903· 6th Cir.· 1990-04-09 ·cited 2×
  The court held that while the district court erred in dismissing the case as moot, the plaintiffs' claims were ultimately barred by Title VII's Section 703(h) protection for bona fide seniority systems, even when brought under §§ 1981 and 1983.
• Wal-Juice BAR, Inc. v. Maher
  899 F.2d 1502· 6th Cir.· 1990-04-05 ·cited 2×
  A federal court must have a substantial federal question to exercise pendent jurisdiction over state law claims; otherwise, the complaint should be dismissed for lack of jurisdiction.
• Pachaly v. City OF Lynchburg
  897 F.2d 723· 4th Cir.· 1990-03-02 ·cited 2×
  The court held that a jury could reasonably find that the search exceeded the warrant's scope and that the prosecutor may not be entitled to absolute immunity if investigating crimes beyond the indictment.
• Kerr Ctr. Parents Assoc. v. Charles
  897 F.2d 1463· 9th Cir.· 1990-02-26 ·cited 2×
  The court held that while the state violated the EAHCA by failing to adequately fund education for handicapped children, the district court's specific relief order was too prescriptive. The court also found that exhaustion of administrative remedies was not required due to futili
• Alan J. Mishler, M.D. v. Nev. State Bd. OF Med. Exam'rs
  896 F.2d 408· 9th Cir.· 1990-02-16 ·cited 2×
  The court held that the defendants did not deprive the plaintiff of any protected interest, and therefore, no due process violation occurred.
• Khalil-Ullah Al-Muhaymin v. Jones
  895 F.2d 1147· 6th Cir.· 1990-02-15 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that venue was proper under 28 U.S.C. § 1392(a) when defendants reside in different districts within the same state, and the district court erred in dismissing the action sua sponte.
• Tarka v. Franklin
  891 F.2d 102· 5th Cir.· 1989-12-29 ·cited 2×·via Violation Of Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  A rejected applicant who audits courses is not a "student" under FERPA with a right to access admission files and recommendation letters.
• Sanchez v. Vild
  891 F.2d 240· 9th Cir.· 1989-12-07 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that a difference of medical opinion regarding treatment does not constitute deliberate indifference to serious medical needs, and affirmed the grant of summary judgment.
• Moore v. City OF Paducah
  890 F.2d 831· 6th Cir.· 1989-11-29 ·cited 2×
  The court affirmed the lower court's decision, finding no direct evidence or reasonable inference of a conspiracy by the private citizen defendant.
• Gutierrez v. City of Hialeah
  723 F. Supp. 1494· S.D. Fla.· 1989-10-31 ·cited 2×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that plaintiffs' counsel failed to conduct a reasonable prefiling inquiry for Section 1983 and negligence claims against the City, Say, and Martinez, warranting Rule 11 sanctions.
• Sorlucco v. NEW York City Police Dep't
  888 F.2d 4· 2d Cir.· 1989-10-16 ·cited 2×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that Sorlucco presented sufficient evidence of gender discrimination and disparate treatment to survive summary judgment on her Title VII and § 1983 claims, but affirmed dismissal of her § 1985 conspiracy claim.
• Howell v. The Supreme Court OF Tex.
  885 F.2d 308· 5th Cir.· 1989-10-11 ·cited 2×·via 42 U.S.C. § 1983 Action
  The Fifth Circuit affirmed the district court's dismissal for lack of jurisdiction under the Rooker-Feldman doctrine and upheld the imposition of Rule 11 sanctions.
• LUX v. Hansen
  886 F.2d 1064· 8th Cir.· 1989-10-10 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the defendants were protected by qualified immunity on the civil rights claim and by state statute immunity on the state law negligence claim.