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

• van Pelt v. ST. Clair
  968 F.2d 763· 8th Cir.· 1992-07-09 ·via 42 U.S.C. § 1983 Action
  The court held that the district court properly dismissed the claims as frivolous, granted summary judgment, and dismissed the remaining claims without prejudice.
• Rickke L. Green v. Dorrell
  969 F.2d 915· 10th Cir.· 1992-07-09 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the district court did not abuse its discretion in dismissing the complaint for failure to comply with local rules and that the recusal motion was properly not addressed.
• Bowser v. Vose
  968 F.2d 105· 1st Cir.· 1992-06-30 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  A prison inmate's participation in a furlough program does not rise to the level of a Fourteenth Amendment liberty interest, and therefore, its suspension does not require due process protections.
• W. Wash. Cnty. Emergency Med. Servs. v. Wash. Cnty.
  967 F.2d 1252· 8th Cir.· 1992-06-30 ·via 42 U.S.C. § 1983 Action
  The court held that the appellants failed to establish a constitutionally protected property interest or a violation of equal protection, thus affirming the grant of summary judgment.
• Cecere v. The City OF NEW York
  967 F.2d 826· 2d Cir.· 1992-06-26 ·via 42 U.S.C. § 1983 Action
  The denial of a motion for summary judgment in a § 1983 action is only appealable on questions of law, and here, it was not objectively reasonable to believe an emergency existed.
• Roman-Nose v. NEW Mexico Dep't OF Human Servs.
  967 F.2d 435· 10th Cir.· 1992-06-19 ·via 42 U.S.C. § 1983 Action
  The court held that the district court had subject matter jurisdiction under the Indian Child Welfare Act, allowing the plaintiff to potentially amend her complaint.
• Henderson Duval Houghton v. Carroll V. South
  965 F.2d 1532· 9th Cir.· 1992-06-11 ·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the defendant was not entitled to qualified immunity on the due process claim because he failed to demonstrate he was a qualified professional or that his decision was based on professional judgment. The court affirmed the dismissal of the equal protection cla
• Levin v. Harleston
  966 F.2d 85· 2d Cir.· 1992-06-08 ·via 42 U.S.C. § 1983 Action
  The court held that the creation of 'shadow classes' and the implicit threat of disciplinary action against a professor for his extramural speech violated his First Amendment rights, but that the college's response to student disruptions of his classes did not.
• O'Shea v. City OF SAN Francisco
  966 F.2d 503· 9th Cir.· 1992-06-08
  The court held that plaintiffs' FEHA claims were not collaterally barred by the consent decree but were dismissed on the merits, and their federal claims were time-barred.
• Aswegan v. Captain Bruhl
  965 F.2d 676· 8th Cir.· 1992-06-04 ·via 42 U.S.C. § 1983 Action
  The court held that there was sufficient evidence to support the jury's finding of deliberate indifference by the supervisors, and thus denied their motion for judgment notwithstanding the verdict.
• Silver v. Franklin Twp.
  966 F.2d 1031· 6th Cir.· 1992-06-04 ·via 42 U.S.C. § 1983 Action
  The court held that the takings claim was not ripe for review because state remedies were not exhausted, and the substantive due process and equal protection claims failed for lack of a protected property interest and evidence of disparate treatment, respectively.
• August Smith v. City OF Joliet
  965 F.2d 235· 7th Cir.· 1992-05-28 ·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the plaintiff failed to present sufficient evidence of a City policy or custom causing the alleged constitutional violation, thus affirming the grant of summary judgment.
• D.C.A. Dev. Corp. v. Ogden City Mun. Corp.
  965 F.2d 827· 10th Cir.· 1992-05-22
  The court held that the city was entitled to judgment as a matter of law on federal due process and equal protection claims due to legitimate safety concerns and lack of discriminatory intent. Governmental immunity barred state law claims, and the negligence claim against the con
• Metro. Pittsburgh Crusade FOR Voters v. City OF Pittsburgh
  964 F.2d 244· 3d Cir.· 1992-05-14
  The court held that the district court applied an incorrect legal standard by requiring the lawsuit to be the "proximate cause" of the election reform, rather than a "material contributing factor." The court affirmed the denial of a risk enhancement for attorneys' fees.
• Gibson v. Foltz
  963 F.2d 851· 6th Cir.· 1992-05-04 ·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the plaintiff failed to present sufficient evidence that prison officials acted with deliberate indifference to the inmate's safety, and thus affirmed the grant of summary judgment.
• Fernandez v. Leonard
  963 F.2d 459· 1st Cir.· 1992-04-29 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court did not err in its rulings regarding fraud on the court, autopsy photographs, or the admission of evidence concerning prior convictions and weapons, and that the jury verdict was not against the weight of the evidence.
• Blair-Bey v. Crispus NIX
  963 F.2d 162· 8th Cir.· 1992-04-27 ·via 42 U.S.C. § 1983 Action
  The court held that a penitentiary's policy of providing a single Islamic religious advisor does not violate inmates' First Amendment rights, even if they belong to a specific sect, as long as they are given a reasonable opportunity to exercise their religious freedom.
• Cagle v. Gilley
  957 F.2d 1347· 6th Cir.· 1992-04-24 ·via Violation Of First Amendment Rights Under 42 U.S.C. § 1983
  The court held that the sheriff was entitled to qualified immunity because the deputies' First Amendment rights regarding political affiliation for their positions were not clearly established at the time of their non-reappointment.
• Gomez v. The United States Dist. Court FOR the N. Dist. OF Cal.
  966 F.2d 460· 9th Cir.· 1992-04-20 ·via 42 U.S.C. § 1983 Action
• Nicholson v. Moran
  961 F.2d 996· 1st Cir.· 1992-04-16
  The court held that the district court erred in dismissing the inmate's pro se complaint, as it stated cognizable claims under Section 1983 and state law.
• Addison v. Ronda Pash
  961 F.2d 731· 8th Cir.· 1992-04-08 ·via 42 U.S.C. § 1983 Action
  The court held that the dismissal of claims against certain defendants was proper, but the dismissal of claims against other defendants prior to service was erroneous because the claims were not frivolous.
• Myers v. Judge Vogal
  960 F.2d 750· 8th Cir.· 1992-04-03 ·via 42 U.S.C. § 1983 Action
  The court held that the district court properly dismissed the inmate's complaint as frivolous, either due to lack of an arguable basis in law or fact, or because the statute of limitations had run.
• Ellis v. Evans
  960 F.2d 741· 8th Cir.· 1992-04-02 ·via 42 U.S.C. § 1983 Action
  The court held that summary judgment was properly granted for the prison officials because the inmate failed to present a genuine issue of material fact and the defendants adequately supported their motions.
• Prince v. Warden Sargent
  960 F.2d 720· 8th Cir.· 1992-03-30 ·via 42 U.S.C. § 1983 Action
  The court held that the district court's findings of fact were not clearly erroneous and affirmed the dismissal of the inmate's § 1983 action.
• United OF Omaha Life Ins. Co. v. Solomon
  960 F.2d 31· 6th Cir.· 1992-03-30
  The court held that the state's actions did not deprive the plaintiff of a protected liberty or property interest under the Due Process Clause, and thus the preliminary injunction was improperly granted.
• Jamshid R. Mody ad Prosequedum for the Heirs-at-Law of Navroze Mody v. The City OF Hoboken
  959 F.2d 461· 3d Cir.· 1992-03-23
  The court held that insufficient evidence was presented to show that the police department's alleged indifference was the product of racial discrimination or that this indifference proximately caused the victim's death.
• Republican Party OF Oregon v. Keisling
  959 F.2d 144· 9th Cir.· 1992-03-18
  The court held that Oregon's reapportionment plan, when combined with its staggered term system, does not violate the First or Fourteenth Amendments by temporarily postponing the voting opportunity for certain constituents.
• Harlan Richards v. Sergeant J.D. White
  957 F.2d 471· 7th Cir.· 1992-03-11 ·via 42 U.S.C. § 1983 Action
  The court held that a prisoner's First Amendment right to free exercise of religion must yield to legitimate penological objectives and reasonable prison management, and that the prison's denial of the inmate's specific request for a single cell or daily private meditation time w
• Porrata v. Gonzalez-Rivera
  958 F.2d 6· 1st Cir.· 1992-03-04
  The court held that the Secretary of Sports and Recreation was properly held in contempt for violating a consent decree by failing to rehire an employee based on seniority, implicitly requiring good faith adherence to the seniority system.
• Butcher v. City OF McALESTER
  956 F.2d 973· 10th Cir.· 1992-02-12
  The court held that there was sufficient evidence for the jury to find the City liable under 42 U.S.C. § 1983 for violating plaintiffs' First Amendment rights, but reversed awards for humiliation due to insufficient evidence.
• Podberesky v. Kirwan
  956 F.2d 52· 4th Cir.· 1992-01-31
  The court held that a race-based affirmative action program must be justified by specific findings of past discrimination and demonstrate present effects of that discrimination, which the lower court failed to adequately establish.
• Charbonnet v. Sheriff Harry LEE & Lt. Edwin McClendon
  951 F.2d 638· 5th Cir.· 1992-01-28 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  A state actor is not liable under § 1983 for a deprivation of property without due process if the deprivation was random and unauthorized, and an adequate post-deprivation remedy is available under state law.
• Stewart v. Parish OF Jefferson
  951 F.2d 681· 5th Cir.· 1992-01-28 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the employee's speech was not a matter of public concern, thus not protected by the First Amendment, and that his claims against one defendant were barred by the statute of limitations.
• Cabinet FOR Human Resources v. N. Ky. Welf. Rights Ass'n
  954 F.2d 1179· 6th Cir.· 1992-01-24 ·via 42 U.S.C. § 1983 Action
  The court held that the Low Income Home Energy Assistance Act of 1981 implies no private right of action prior to exhausting state administrative remedies and creates no substantive rights enforceable under 42 U.S.C. § 1983.
• Johnson v. Dick Busby
  953 F.2d 349· 8th Cir.· 1991-12-24 ·via 42 U.S.C. § 1983 Action
  The court held that the trial court did not abuse its discretion in excluding certain evidence, denying a request to reopen the case, and in its jury instructions regarding serious medical needs.
• Kovacich v. Benjamin
  951 F.2d 114· 7th Cir.· 1991-12-12
  The court held that the magistrate judge erred by refusing to give a jury instruction detailing Indiana law prohibiting the submission or approval of false mileage claims, as this instruction was essential for the jury to properly determine the employer's motive.
• Skelton v. Pri-Cor, Inc.
  963 F.2d 100· 6th Cir.· 1991-11-21 ·via 42 U.S.C. § 1983 Action
  A private corporation operating a detention facility under contract with a county acts under color of state law for § 1983 purposes, but denying an inmate a hardcover Bible is permissible if a softcover version is allowed and the restriction is reasonably related to legitimate pe
• Ward v. City OF SAN Jose
  967 F.2d 280· 9th Cir.· 1991-11-04 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that excessive force claims must be analyzed under the Fourth Amendment's reasonableness standard, not substantive due process, and that the district court erred by instructing the jury on the latter. The court also affirmed the dismissal of the siblings' claims an
• Silver v. The City Univ. OF NEW York
  947 F.2d 1021· 2d Cir.· 1991-10-23 ·via Discrimination Under 42 U.S.C. § 1983
  The court held that the plaintiff provided insufficient evidence of discriminatory intent or purpose to support his claims of race and sex discrimination under Title VII and Section 1983.
• Jackson v. Rapps
  947 F.2d 332· 8th Cir.· 1991-10-17 ·via 42 U.S.C. § 1983 Action
  The court held that Missouri's policy of seeking reimbursement for the full amount of AFDC benefits paid, in the absence of a court-ordered support obligation, violates federal regulations and is preempted by the Supremacy Clause. The court also held that the directors were not e
• Luciano v. Galindo
  944 F.2d 261· 5th Cir.· 1991-10-15 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the magistrate judge erred in dismissing the prisoner's excessive force claim as frivolous solely on the basis that his injuries were not constitutionally significant.
• Griffin v. Lombardi
  946 F.2d 604· 8th Cir.· 1991-10-15 ·via 42 U.S.C. § 1983 Action
  The court held that conflicting affidavits created a genuine issue of material fact regarding whether prison officials could have reasonably believed their conduct did not violate the inmate's constitutional rights, thus denying summary judgment on qualified immunity grounds.
• Robbins v. Clarke
  946 F.2d 1331· 8th Cir.· 1991-10-08 ·via 42 U.S.C. § 1983 Action
  The court held that a prisoner's claims regarding exposure to infectious diseases were barred by collateral estoppel and res judicata due to prior litigation on identical issues. The conspiracy claim was dismissed as lacking an arguable legal basis.
• Mayfield v. Klevenhagen
  941 F.2d 346· 5th Cir.· 1991-09-12 ·via 42 U.S.C. § 1983 Action
  The court held that the dismissal of Mayfield's actions and the imposition of sanctions were proper because he attempted to circumvent prior court orders by filing frivolous suits in an improper venue.
• Burton Handelsman v. Town OF Palm Beach
  585 So. 2d 1047· Fla. 4th DCA· 1991-09-04 ·via Section 1983
  Handelsman, a property owner on Worth Avenue in Palm Beach, challenged the town's denial of a special exception to lease his building to a large apparel store that would exceed the zoning district's 2,000 square foot limitation. The Florida appellate court affirmed the trial cour
• Darin Gray Arnold v. Maynard
  942 F.2d 761· 10th Cir.· 1991-08-19 ·via 42 U.S.C. § 1983 Action
  Venue for a 42 U.S.C. § 1983 action is proper in any district where the claim arose or where any defendant resides, even if defendants reside in different districts within the same state, under 28 U.S.C. § 1392(a).
• Rayburn Burris v. City OF Little Rock
  941 F.2d 717· 8th Cir.· 1991-08-15 ·via 42 U.S.C. § 1983 Action
  The Tax Injunction Act bars federal jurisdiction over this case because Arkansas law provides a plain, speedy, and efficient remedy for challenging the sewer assessments in state court.
• Lopez v. Dept. OF Health Servs.
  939 F.2d 881· 9th Cir.· 1991-07-30 ·via 42 U.S.C. § 1983 Action
  A sua sponte dismissal of an in forma pauperis complaint before service of process is construed as a dismissal for frivolity, and if the complaint alleges facts sufficient to support a claim under 42 U.S.C. § 1983, it should not be dismissed.
• Rios v. Navarro
  766 F. Supp. 1158· S.D. Fla.· 1991-06-24
  The court held that a plaintiff alleging injury to reputation without loss of employment or other tangible legal right does not state a claim under § 1983, and pendent state law claims should be dismissed.
• Cutting v. Town OF Allenstown
  936 F.2d 18· 1st Cir.· 1991-06-18 ·via 42 U.S.C. § 1983 Action
  The court held that the district court did not abuse its discretion in refusing to set aside a default judgment, considering the defendants' significant negligence, the publicity of the case, and the prejudice to the plaintiffs' estate due to the plaintiff's death.