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

• Fletcher v. Butts
  994 F.2d 548· 8th Cir.· 1993-06-07 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff inmate failed to present sufficient evidence of deliberate indifference to his serious medical need, thus summary judgment for the prison officials was proper.
• Ashe v. Corley
  992 F.2d 540· 5th Cir.· 1993-06-04 ·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the district court did not abuse its discretion in denying leave to amend, but erred in granting summary judgment on the RICO claims due to the county's failure to meet its initial burden and on the section 1983 claims due to the Supreme Court's rejection of a
• WEG v. MacChiarola
  995 F.2d 15· 2d Cir.· 1993-06-04 ·via 42 U.S.C. § 1983 Action
  The court held that the appellants were entitled to qualified immunity because probable cause existed as a matter of law to initiate and continue the prosecution against Weg.
• Guar. Nat'l Ins. Co. v. Int'l Ins. Co.
  994 F.2d 1280· 7th Cir.· 1993-06-03 ·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the insurance policy covered claims for intentional interference with economic relationships and invasion of privacy, but not civil rights violations or punitive damages arising from those violations.
• Topp v. Wolkowski
  994 F.2d 45· 1st Cir.· 1993-06-03 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that state troopers are entitled to qualified immunity when arresting a driver based on another officer's observation of a traffic violation, even if the arresting officers did not personally witness the violation, provided state law and practice permit such team a
• Evans v. City OF Chicago
  995 F.2d 1393· 7th Cir.· 1993-06-03
  The court held that a consent decree based on an overruled decision should be vacated, as the underlying legal basis no longer exists and the parties did not settle the merits of the case.
• McNEES v. Mountain Home
  993 F.2d 1359· 8th Cir.· 1993-05-26 ·via 42 U.S.C. § 1983 Action
  The court held that a witness subpoenaed from out-of-state in a civil case is not entitled to statutory immunity from arrest, and reputational harm alone does not constitute a constitutional deprivation of liberty under § 1983.
• Brown v. R.N. Briscoe
  998 F.2d 201· 4th Cir.· 1993-05-21 ·via 42 U.S.C. § 1983 Action
  A district court may properly dismiss a prisoner's complaint sua sponte under 28 U.S.C. § 1915(d) if it lacks an arguable basis in law or fact, or is based on an indisputably meritless legal theory.
• Alexander v. Peffer
  993 F.2d 1348· 8th Cir.· 1993-05-21
  The court held that the alleged public disclosure of personal information, while potentially poor judgment, did not rise to the level of a constitutional violation cognizable under 42 U.S.C. § 1983.
• Kasib T. Bilal v. A.L. Lockhart
  993 F.2d 643· 8th Cir.· 1993-05-20 ·via 42 U.S.C. § 1983 Action
  The court held that the district court did not abuse its discretion in admitting testimony about the unwritten commitment name policy, as its probative value outweighed any unfair prejudice.
• French v. Lt. Dedrick A. Beard
  993 F.2d 160· 8th Cir.· 1993-05-11 ·via 42 U.S.C. § 1983 Action
  The court held that the district court did not abuse its discretion in denying the motion for a new trial based on the verdict being against the weight of the evidence.
• McCRARY-EL v. Shaw
  992 F.2d 809· 8th Cir.· 1993-05-06 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the trial court did not abuse its discretion in excluding witness testimony, admitting a videotape, or admitting conduct violation reports, and that any error in refusing a jury instruction regarding missing evidence was harmless.
• Peart v. City OF NEW York
  992 F.2d 458· 2d Cir.· 1993-05-03
  The court held that the district court did not abuse its discretion in dismissing the action with prejudice and imposing monetary sanctions on counsel due to the attorney's failure to comply with court orders and prosecute the action.
• Mohamed Abdul Hafiz El-Tabech v. Gunter
  992 F.2d 183· 8th Cir.· 1993-04-30 ·via 42 U.S.C. § 1983 Claim For Damages
  The court held that it lacked jurisdiction to hear the appeal because the district court's order was not final and no injunction had been entered.
• Goff v. Dailey
  991 F.2d 1437· 8th Cir.· 1993-04-29 ·via 42 U.S.C. § 1983 Action
  The court held that prison disciplinary boards may not find an inmate guilty based on less than a preponderance of the evidence, as this violates due process. The dissent argues the majority incorrectly applied a standard of review instead of a standard of proof.
• Elenor Joyce Whittaker GAY v. Turner
  994 F.2d 425· 8th Cir.· 1993-04-28 ·via 42 U.S.C. § 1983 Action
  The court held that the temporary transfers to a mental hospital did not violate due process and that the defendants were entitled to qualified immunity for the administration of antipsychotic drugs.
• Ass'n FOR Cmty. Living IN Colo. v. Romer
  992 F.2d 1040· 10th Cir.· 1993-04-27
  The court held that plaintiffs failed to exhaust administrative remedies under the Individuals with Disabilities Education Act (IDEA), and thus the district court lacked jurisdiction.
• Settle v. Mickie Ross
  992 F.2d 162· 8th Cir.· 1993-04-23 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff failed to adequately respond to the defendants' motion for summary judgment by not designating specific facts showing a genuine issue for trial.
• Davis v. Calzona Hall
  992 F.2d 151· 8th Cir.· 1993-04-22 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff failed to state a claim for deliberate indifference to his serious medical needs under § 1983, and that mere negligence is insufficient for such a claim.
• Hallstrom v. City OF Garden City
  991 F.2d 1473· 9th Cir.· 1993-04-12 ·via 42 U.S.C. § 1983 Action
  The court held that a four-day detention without presentation to a magistrate, even when the detainee refused booking procedures, violates the Fourth Amendment's prompt presentment requirement, and that municipalities cannot claim qualified immunity.
• Thompson v. Walbran
  990 F.2d 403· 8th Cir.· 1993-04-02 ·via § 1983 Suit
  A prosecutor is entitled to absolute prosecutorial immunity for claims arising from conduct during a criminal prosecution and for retaining evidence. A FOIA claim for damages against an individual is not cognizable.
• Walters v. Grossheim
  990 F.2d 381· 8th Cir.· 1993-04-01 ·via 42 U.S.C. § 1983 Action
  Prison officials are not entitled to qualified immunity for failing to obey an unstayed state court judgment that created a liberty interest, and the denial of punitive damages was proper.
• Stachniak v. Hayes
  989 F.2d 914· 7th Cir.· 1993-03-19 ·via 42 U.S.C. § 1983 Action
  The court affirmed the district court's judgment, finding no reversible error in the jury instructions or the denial of a new trial motion.
• Gaines v. Walker
  986 F.2d 1438· D.C. Cir.· 1993-03-09 ·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the District of Columbia is not obligated to indemnify the officer for his liability, but the trial court committed prejudicial error by excluding the officer's prior consistent statement (police report) offered to rebut a charge of fabrication.
• Shaumyan v. O'Neill
  987 F.2d 122· 2d Cir.· 1993-03-03 ·via 42 U.S.C. § 1983 Action
  Connecticut's prejudgment attachment statute, Conn.Gen.Stat. § 52-278e(a)(l), is constitutional as applied to a debtor-creditor dispute involving a claim for materials and labor furnished for home improvement.
• Murphy Charles Jones v. Dick Moore
  986 F.2d 251· 8th Cir.· 1993-02-19 ·via 42 U.S.C. § 1983 Action
  The court held that the Parole Board Chairman is entitled to absolute immunity and the parole officer is entitled to judgment because the plaintiff failed to present evidence of deliberate indifference or false reports.
• Liotta v. Borough OF Springdale
  985 F.2d 119· 3d Cir.· 1993-02-09 ·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that conclusory affidavits are insufficient to defeat a summary judgment motion when alleging political discharge, and that the plaintiff received adequate due process despite not having a clear property interest.
• The Harold Wash. Party v. The Cook Cnty.
  984 F.2d 875· 7th Cir.· 1993-01-29 ·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the district court did not abuse its discretion in denying the plaintiffs' motion to vacate the dismissal order under Rule 60(b).
• Dorsey v. Hous. Auth. OF Baltimore City
  984 F.2d 622· 4th Cir.· 1993-01-26
  The court held that public housing tenants have enforceable rights to challenge procedural violations of HUD utility allowance regulations under the Brooke Amendment, and that genuine issues of fact existed regarding the reasonableness of HABC's allowances.
• Mark v. Crispus NIX
  983 F.2d 138· 8th Cir.· 1993-01-13 ·via 42 U.S.C. § 1983 Action
  The confiscation of an inmate's rosary with a hard plastic crucifix, and the subsequent denial of his grievance, did not violate his constitutional rights.
• Heriberto Ayala-MARTÍNEZ v. ANGLERÓ
  982 F.2d 26· 1st Cir.· 1992-12-23 ·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court affirmed the summary judgment on the malicious prosecution claim, finding it did not rise to the level of a constitutional violation under § 1983, but remanded the remaining claims for further proceedings.
• Brown v. Wigginton
  981 F.2d 913· 6th Cir.· 1992-12-21 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff should have been given one year from the effective date of the repeal of the tolling statute to file her complaint.
• Folden v. Wash. State Dep't OF Soc. & Health Servs.
  981 F.2d 1054· 9th Cir.· 1992-12-11 ·via 42 U.S.C. § 1983 Action
  The court affirmed the district court's decision, holding that Washington's Medicaid reimbursement rates complied with the Boren Amendment's procedural and substantive requirements and that the state was not entitled to attorneys' fees.
• Nobles v. Brown
  985 F.2d 235· 6th Cir.· 1992-12-09
  The court held that a state prison guard's rape by an inmate does not constitute a deprivation of liberty without due process of law under the Fourteenth Amendment, even if prison officials were negligent.
• King v. Davis
  980 F.2d 1236· 8th Cir.· 1992-12-08 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court affirmed the district court's grant of a new trial, finding that the district court properly weighed the evidence and did not abuse its discretion.
• Pearlie Mae Turner v. White
  980 F.2d 1180· 8th Cir.· 1992-12-02 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the trial court's erroneous jury instruction on 'deliberate indifference' did not constitute plain error, and the admission of evidence regarding alcohol consumption was not an abuse of discretion.
• Boone v. Dick D. Moore
  980 F.2d 539· 8th Cir.· 1992-12-02 ·via 42 U.S.C. § 1983 Action
  The court held that the admission of the audiologist's report as substantive evidence was error, but harmless, and that the district court did not abuse its discretion in admitting expert testimony despite late disclosure.
• Story v. Green
  978 F.2d 60· 2d Cir.· 1992-10-19
  The court held that the repeal of a statutory exemption for disabled veterans from street peddling regulations did not violate the Due Process, Equal Protection, or Takings Clauses of the Constitution, and that state law claims were properly dismissed.
• Schertz v. Crispus NIX
  975 F.2d 1382· 8th Cir.· 1992-09-25 ·via 42 U.S.C. § 1983 Action
  The court held that the prisoner's claim was barred by collateral estoppel because the issue was actually litigated and decided in state post-conviction proceedings.
• Sisk v. CSO Branch
  974 F.2d 116· 9th Cir.· 1992-09-02 ·via 42 U.S.C. § 1983 Action
  A prisoner's section 1983 action challenging disciplinary procedures, even if it involves loss of good time credits, does not require exhaustion of state remedies if the effect on the duration of confinement is speculative and incidental.
• Murphy v. Denis Dowd
  975 F.2d 435· 8th Cir.· 1992-08-28
  The court held that the defendant is entitled to qualified immunity because there was no clearly established constitutional right to be free from environmental tobacco smoke exposure at the time of the alleged violation.
• Coates v. Daugherty
  973 F.2d 290· 4th Cir.· 1992-08-18 ·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the jury's verdict denying qualified immunity to the officers was supported by sufficient evidence, and therefore, judgment notwithstanding the verdict was inappropriate.
• Barnes v. Parker
  972 F.2d 978· 8th Cir.· 1992-08-14 ·via 42 U.S.C. § 1983 Action
  The court held that the district court did not err in denying the motion for a new trial and in permitting a peremptory challenge to strike a juror, affirming the dismissal of the § 1983 action.
• Sanders v. Brewer
  972 F.2d 920· 8th Cir.· 1992-08-13 ·via 42 U.S.C. § 1983 Action
  The court affirmed the district court's judgment, holding that the magistrate judge did not err in granting summary judgment to supervisors, admitting impeachment testimony, or awarding attorney's fees, and that the nominal damages award was not a plain injustice.
• Rocky Mountain Materials & Asphalt, Inc. v. The Bd. OF Cnty. Comm'rs OF EL Paso Cnty.
  972 F.2d 309· 10th Cir.· 1992-08-05 ·via 42 U.S.C. § 1983 Action
  A procedural due process claim is unripe if it is based on the same deprivation as an unripe takings claim.
• Zavaro v. Coughlin
  970 F.2d 1148· 2d Cir.· 1992-07-31 ·via Violation Of Due Process Rights Under 42 U.S.C. § 1983
  A prison disciplinary hearing officer is not entitled to qualified immunity when adjudicating an inmate guilty without any reliable evidence, violating the inmate's clearly established due process right to 'some evidence' supporting the finding.
• Taajwar K. Rasheed-Bey v. Duckworth
  969 F.2d 357· 7th Cir.· 1992-07-22
  The court held that the prison's disciplinary hearing process satisfied the Due Process Clause requirements, affirming the judgment for the defendants.
• Doyle J. Williams v. State OF Mo.
  973 F.2d 599· 8th Cir.· 1992-07-21 ·via 42 U.S.C. § 1983 Action
  The State of Missouri is entitled to Eleventh Amendment immunity from suit in federal court for a 42 U.S.C. § 1983 action brought by a state inmate.
• Packett v. Stenberg
  969 F.2d 721· 8th Cir.· 1992-07-16 ·via 42 U.S.C. § 1983 Action
  The court held that Assistant Attorneys General in Nebraska do not possess a property interest in continued employment that would be protected by the Fourteenth Amendment, and that patronage dismissals are permissible for policymaking positions under the First Amendment.
• Guzowski v. Hartman
  969 F.2d 211· 6th Cir.· 1992-07-10
  The court held that the Sherman Act Section 1 and RICO claims failed to state a claim, and the Sherman Act Section 2, Section 1983, and Section 1985(3) claims were barred by issue preclusion.