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

• Auto. Club OF NEW York, Inc. v. The Port Auth. OF NEW York & NEW Jersey
  887 F.2d 417· 2d Cir.· 1989-10-10 ·cited 2×
  The dissenting judge argues that the majority's decision to allow bridge tolls to subsidize PATH deficits conflicts with prior precedent and is unfair to bridge users.
• Achterhof v. Selvaggio
  886 F.2d 826· 6th Cir.· 1989-10-06 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in dismissing the section 1983 claims, as the social worker's actions in investigating child abuse and maintaining a name on the central registry were investigatory or administrative, not prosecutorial, and thus not entitled to absolut
• Bennett v. The City OF Grand Prairie
  883 F.2d 400· 5th Cir.· 1989-09-19 ·cited 2×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that probable cause existed to arrest Ms. Bennett, and even if it did not exist for Mr. Bennett, the officers and cities were immune from suit. Therefore, the district court's judgment was affirmed.
• Renfro v. Cuyahoga Cnty. Dep't OF Human Servs.
  884 F.2d 943· 6th Cir.· 1989-09-18 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the foster parents' relationship with the child did not constitute a constitutionally protected liberty interest, and thus they failed to state a claim under § 1983.
• Shoultes v. Laidlaw
  886 F.2d 114· 6th Cir.· 1989-09-18 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that a federal habeas petition must be dismissed if it contains any unexhausted claims, and that local legislators, city attorneys, and judges are shielded by absolute immunity for actions taken within their official capacities.
• Page v. Valentine
  552 So. 2d 212· Fla. 4th DCA· 1989-09-06 ·cited 2×·via 42 U.S.C. § 1983 Action
  A fired municipal police officer appealed a trial court order dismissing his § 1983 civil rights action on sovereign immunity grounds. The appellate court reversed, holding that state courts have subject matter jurisdiction over § 1983 actions against municipalities.
• Fairbanks v. City of Bradenton Beach
  733 F. Supp. 1447· M.D. Fla.· 1989-09-06 ·cited 2×
  The court held that a plaintiff must allege exhaustion of administrative remedies to state a claim under the whistle-blower statute and that at-will employees lack a property interest in continued employment for constitutional claims, but a First Amendment retaliation claim may p
• Nelson v. City OF Selma
  881 F.2d 836· 9th Cir.· 1989-08-11 ·cited 2×
  The denial of a rezoning application is constitutional if rationally related to legitimate government interests, even if influenced by neighborhood opposition.
• Blankenship v. Kerr Cnty.
  878 F.2d 893· 5th Cir.· 1989-08-04 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that genuine issues of material fact precluded summary judgment on the federal § 1983 claims and that the plaintiff had stated viable state law claims for negligent and intentional infliction of emotional distress and under the Texas Tort Claims Act.
• Harris v. Dugger
  715 F. Supp. 364· S.D. Fla.· 1989-06-27 ·cited 2×
  The court held that there are genuine issues of material fact regarding whether the plaintiff received constitutionally protected due process rights and that the First Amendment claim requires further factual development.
• Hatfield v. Hayes
  877 F.2d 717· 8th Cir.· 1989-06-19 ·cited 2×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the Hatfields were prevailing parties entitled to attorney's fees under 42 U.S.C. § 1988 for successfully defending against a motion for relief from judgment, and that the district court erred in denying those fees.
• Miller v. Dick I. Taylor
  877 F.2d 469· 6th Cir.· 1989-06-09 ·cited 2×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the jury instructions on the reasonableness of deadly force and the burden of proof for self-defense were not erroneous.
• In re Watts v. Pa. Hous. Fin. Co. & Robert F. Bobincheck
  876 F.2d 1090· 3d Cir.· 1989-06-05 ·cited 2×
  The court held that suspending mortgage assistance during bankruptcy did not violate the Bankruptcy Code's anti-discrimination or automatic stay provisions, nor § 1983.
• Murray v. Wal-Mart, Inc.
  874 F.2d 555· 8th Cir.· 1989-05-11 ·cited 2×
  The court affirmed the district court's judgment, holding that Wal-Mart acted under color of state law for a § 1983 claim and that sufficient evidence supported claims for malicious prosecution and intentional infliction of emotional distress.
• Abernathy v. Perry
  869 F.2d 1146· 8th Cir.· 1989-03-15 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the prison's substantial compliance with its own policy regarding investigative status, despite some procedural irregularities, did not violate the inmate's due process rights.
• Perez v. Seevers
  869 F.2d 425· 9th Cir.· 1989-03-08 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the district court correctly dismissed the action as barred by the statute of limitations, applying Nevada's residual personal injury statute of limitations to the § 1983 claim.
• Raben-Pastal v. City OF Coconut Creek
  545 So. 2d 885· Fla. 4th DCA· 1989-01-25 ·cited 2×
  A construction company appealed a post-trial judgment setting aside a jury verdict in its federal civil rights action against a city and its building official for allegedly violating the company's constitutional rights by improperly maintaining stop-work orders. The appellate cou
• Tomlin v. McDANIEL
  865 F.2d 209· 9th Cir.· 1989-01-10 ·cited 2×·via 42 U.S.C. § 1983 Action
  A motion for relief from judgment under Fed.R.Civ.P. 60(b) cannot be used to revive a case that became final before changes in the applicable law occurred.
• Lally v. Crawford Cnty. Tr. & Sav. Bank
  863 F.2d 612· 8th Cir.· 1988-12-22 ·cited 2×
  The court held that the district court properly dismissed the complaint for failure to state a claim, affirming the dismissal of § 1983, RICO, and FDCPA claims.
• Cooper v. Petray
  854 F.2d 301· 8th Cir.· 1988-08-16 ·cited 2×·via § 1983 Suit
  The court held that genuine issues of material fact exist regarding the defendants' entitlement to qualified immunity, precluding summary judgment.
• Clark Mershon v. Kyser
  852 F.2d 335· 8th Cir.· 1988-07-21 ·cited 2×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the allegations of bad-faith prosecution were insufficient to overcome the Younger abstention doctrine.
• Huron Valley Hosp., Inc. v. City OF Pontiac
  849 F.2d 262· 6th Cir.· 1988-06-22 ·cited 2×·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that summary judgment was properly granted for all defendants regarding the antitrust conspiracy claims.
• Habetz v. La. High Sch. Athletic Ass'n & Dr. Thomas G. Clausen
  842 F.2d 136· 5th Cir.· 1988-04-15 ·cited 2×
  The court held that the case was moot because the LHSAA voluntarily amended its by-laws to allow female participation in sports lacking a girls' equivalent, rendering the original controversy moot.
• George v. J.D. White
  837 F.2d 1516· 11th Cir.· 1988-02-23 ·cited 2×·via Section 1983
  The court held that while property claims were barred by res judicata, the cruel and unusual punishment claim was not, as it involved a different cause of action requiring different evidence under Alabama law.
• Nooner v. The Pillsbury Co.
  840 F.2d 560· 8th Cir.· 1988-02-22 ·cited 2×
  The court held that the undisputed facts established as a matter of law that probable cause existed for the issuance of the writ of body attachment, and thus affirmed the grant of summary judgment for Pillsbury on the claims of false imprisonment and malicious prosecution.
• Americans United FOR Separation OF Church & State v. The Sch. Dist. OF the City OF Grand Rapids
  835 F.2d 627· 6th Cir.· 1987-12-16 ·cited 2×·via 42 U.S.C. § 1983 Cause Of Action
  The court held that attorney's fees under 42 U.S.C. § 1988 are only available if the action explicitly enforces one of the enumerated civil rights statutes, not merely if the substance of the claim could be construed as such.
• Frank v. Hernandez
  833 F.2d 1316· 9th Cir.· 1987-12-07 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that a prisoner has no constitutional right to a particular classification status or to have opinions and evaluations in his prison file corrected under the Washington State Criminal Records Privacy Act.
• Stewart v. P.O. Gary Lattanzi
  832 F.2d 12· 2d Cir.· 1987-10-26 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the district court erred in sua sponte dismissing the complaint for failure to state a claim based on absolute immunity without allowing the plaintiff an opportunity to present evidence.
• Graham v. Gray
  827 F.2d 679· 10th Cir.· 1987-09-01 ·cited 2×·via 42 U.S.C. § 1983 Action
  The denial of a motion for a protective order from discovery, even when grounded on qualified immunity, is not an immediately appealable "final decision" under 28 U.S.C. § 1291, as such orders are reviewed for abuse of discretion, not solely on issues of law.
• Pasterczyk v. Fair
  819 F.2d 12· 1st Cir.· 1987-05-29 ·cited 2×·via 42 U.S.C. § 1983 Claim For Damages
  A prior state court judgment for declaratory and injunctive relief, which granted sentence credit, has res judicata effect and bars a subsequent federal § 1983 damages action for the same underlying grievance, as the damages claim could have been raised in the state action.
• Sparks v. The Character & Fitness Comm. OF Ky.
  818 F.2d 541· 6th Cir.· 1987-05-11 ·cited 2×·via 42 U.S.C. § 1983 Violations
  Officials performing quasi-judicial duties related to bar admissions, even if not judges, are entitled to absolute judicial immunity.
• Ganey v. Garrison
  813 F.2d 650· 4th Cir.· 1987-03-19 ·cited 2×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court affirmed the award of attorneys' fees, finding the plaintiff was a prevailing party entitled to fees under 42 U.S.C. § 1988, but remanded for correction of a potential arithmetical error and to consider fees for the appeal.
• Callahan v. Hon. Albert L. Rendlen. Hon. Lawrence O. Davis
  806 F.2d 795· 8th Cir.· 1986-12-04 ·cited 2×·via 42 U.S.C. § 1983 Action
  A judge is entitled to judicial immunity from a civil suit for damages under 42 U.S.C. § 1983 when acting within his judicial capacity and with subject matter jurisdiction.
• Baker v. City of Kissimmee
  645 F. Supp. 571· M.D. Fla.· 1986-09-20 ·cited 2×
  The court held that the City of Kissimmee's historical and present disparities in street paving and maintenance, rooted in intentional racial discrimination, violate the Equal Protection Clause of the Fourteenth Amendment.
• Burt Cole v. Williams
  798 F.2d 280· 8th Cir.· 1986-08-04 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the district court properly denied the motion for a new trial and correctly granted judgment n.o.v. on the failure to take before a magistrate charge, but erred in dismissing the City of Westville.
• Vester v. W.P. Rogers
  795 F.2d 1179· 4th Cir.· 1986-07-18 ·cited 2×·via 42 U.S.C. § 1983 Action
  A prison regulation restricting inmate-to-inmate correspondence between institutions is constitutional if rationally related to legitimate penological objectives and does not constitute an absolute denial of speech rights.
• Rodriguez v. Schweiger
  796 F.2d 930· 7th Cir.· 1986-07-17 ·cited 2×·via 42 U.S.C. § 1983 Action
  A plaintiff's guilty plea in state court collaterally estops them from relitigating facts underlying the plea in a subsequent federal civil rights action, absent special circumstances like fraud or newly discovered evidence.
• Bishop v. State BAR OF Tex.
  791 F.2d 435· 5th Cir.· 1986-06-11 ·cited 2×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the State Bar of Texas is not a 'person' under § 1983 and that its employees are protected by immunity, affirming the dismissal of Bishop's claims.
• Brown Harris II v. Mo. Conservation Comm'n
  790 F.2d 678· 8th Cir.· 1986-05-08 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that Missouri law provides adequate post-deprivation remedies for property takings, thus the federal court lacked subject matter jurisdiction.
• W. World Ins. Co., Inc. v. Harford Mut. Ins. Co.
  784 F.2d 558· 4th Cir.· 1986-02-25 ·cited 2×
  An insurer's duty to defend is determined by the allegations in the complaint, not the insurer's knowledge of the actual facts, and supervisory liability under § 1983 can arise from negligence.
• Cline v. Supreme Court OF Ga.
  781 F.2d 1541· 11th Cir.· 1986-02-10 ·cited 2×·via 42 U.S.C. § 1983 Action
  A state rule distinguishing between graduates of approved and non-approved law schools for bar admission, and limiting the number of times an applicant may take the exam, does not violate substantive due process or equal protection.
• Polk v. Montgomery Cnty.
  782 F.2d 1196· 4th Cir.· 1986-02-06 ·cited 2×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the district court erred in applying the doctrine of offensive collateral estoppel because the prior judgment was not sufficiently final and the issues may not be identical.
• Penelope Hatteras v. Sw. Bell Tel. Co.
  774 F.2d 1341· 5th Cir.· 1985-10-30 ·cited 2×·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the termination of telephone service without a pretermination hearing did not violate due process rights when the disconnection was requested by law enforcement based on an indictment.
• Patten v. Glaser
  771 F.2d 1178· 8th Cir.· 1985-09-05 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the district court did not err in dismissing the appellant's claims against the state judge.
• Johnson v. Officer Swyka
  763 F.2d 602· 3d Cir.· 1985-06-19 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the case must be remanded for reconsideration of the statute of limitations in light of Supreme Court precedent.
• Smith v. City OF Cleveland Heights
  760 F.2d 720· 6th Cir.· 1985-05-03 ·cited 2×
  The plaintiff lacked standing because he failed to demonstrate an actual injury, as required by Article III, and his claimed injury was too remote and speculative.
• Royston E. Potter v. Murray City
  760 F.2d 1065· 10th Cir.· 1985-04-30 ·cited 2×
  The court held that Utah's prohibition on polygamy does not violate the Free Exercise Clause, the right to privacy, or due process/equal protection, and that the state has a compelling interest in upholding monogamy.
• Love v. The Alamance Cnty. Bd. OF Educ.
  757 F.2d 1504· 4th Cir.· 1985-03-27 ·cited 2×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the school board's articulated reasons for not promoting the plaintiff were legitimate and non-discriminatory, and that the plaintiff failed to prove pretext or a recent history of discrimination sufficient to shift the burden of persuasion.
• Tosti v. City OF LOS Angeles
  754 F.2d 1485· 9th Cir.· 1985-03-04 ·cited 2×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the Supreme Court's decision in Monell v. New York City Department of Social Services applies retroactively to discriminatory acts predating the decision, and that the statute of limitations was tolled by the pendency of a related class action.
• Kines v. DAY
  754 F.2d 28· 1st Cir.· 1985-02-05 ·cited 2×·via 42 U.S.C. § 1983 Action
  The court held that the prison's "Publishers Only Rule" was not facially unconstitutional and that the inmate's challenge to the rule as applied was not ripe for decision due to insufficient evidence of specific harm.