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

• Offet v. Solem
  936 F.2d 363· 8th Cir.· 1991-06-12 ·via 42 U.S.C. § 1983 Action
  The court held that prison officials are entitled to qualified immunity because the unlawfulness of applying the 1981 South Dakota law to prisoners sentenced before its enactment was not apparent at the time they acted, given the differing interpretations of relevant precedent.
• Rhodes v. McDANNEL
  945 F.2d 117· 6th Cir.· 1991-06-10 ·via 42 U.S.C. § 1983 Claim For Violation Of Fourth Amendment Rights
  The court affirmed the grant of summary judgment, holding that the deputies' use of deadly force was objectively reasonable and that the plaintiff's discovery requests were insufficient.
• Zamsky v. Stafford Hansell
  933 F.2d 677· 9th Cir.· 1991-05-17 ·via 42 U.S.C. § 1983 Action
  State officials acting in a legislative capacity, such as reviewing and approving or denying land use plans for compliance with statewide goals, are absolutely immune from damages liability.
• Jeffers v. Heavrin
  932 F.2d 1160· 6th Cir.· 1991-05-13 ·via 42 U.S.C. § 1983 Action
  The court held that the warrantless search of a patron's allergy pill bottle at the Kentucky Derby was illegal because it exceeded the scope of the search policy and was not justified by implied consent.
• Christy v. Randlett
  932 F.2d 502· 6th Cir.· 1991-05-03 ·via 42 U.S.C. § 1983 Action
  The court held that the denial of a building permit was based on the enforcement of a constitutionally valid zoning ordinance, not a violation of the plaintiff's First Amendment rights.
• Reese Gwillim v. City OF SAN Jose
  929 F.2d 465· 9th Cir.· 1991-03-25 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The transmission of immunized testimony to a prosecutor by administrators who obtained it, in accordance with state law, does not in itself violate the privilege against self-incrimination, absent a showing that the administrators knew or should have anticipated the prosecutor's
• Gonzalez v. Martinez
  756 F. Supp. 1533· S.D. Fla.· 1991-01-18 ·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that while the Protection and Advocacy Act requires exhaustion of administrative remedies where appropriate, the specific remedies cited by the defendants were inadequate, and the plaintiff's failure to exhaust did not warrant summary judgment at this stage.
• Dobson v. Magnusson
  923 F.2d 229· 1st Cir.· 1991-01-17 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff failed to show deliberate indifference by the prison officers, thus affirming the grant of summary judgment.
• Leopold Lee Pedraza v. Dalton G. Meyer
  919 F.2d 317· 5th Cir.· 1990-12-17 ·via § 1983 Suit
  The court affirmed dismissal of most claims but vacated and remanded the Eighth Amendment inadequate medical attention claim for a hearing and trial.
• Renbarger v. Lockhart
  921 F.2d 1032· 10th Cir.· 1990-12-11 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the exclusion of testimony regarding county custom was not error because the appellant lacked a protected property interest, and directed verdicts for the assistant district attorney and neighbor were proper as no constitutional rights were violated.
• Fallon v. A.L. Lockhart
  919 F.2d 1304· 8th Cir.· 1990-11-26 ·via 42 U.S.C. § 1983 Action
• Florentino Leal v. J.A. Szoeke
  917 F.2d 206· 5th Cir.· 1990-11-19 ·via 42 U.S.C. § 1983 Action
  A claimant must exhaust administrative remedies with the Railroad Retirement Board before appealing an adverse determination of benefits, and such appeals must be filed in the court of appeals, not the district court.
• Lenora B. Fulani v. Hogsett
  917 F.2d 1028· 7th Cir.· 1990-11-08
  The court held that the plaintiffs' claim was barred by laches due to their unreasonable delay in filing suit after the election irregularities were public knowledge and absentee voting had commenced.
• Kasib Tauheed Bilal v. Davis
  918 F.2d 723· 8th Cir.· 1990-11-02 ·via 42 U.S.C. § 1983 Action
• Fraternal Order OF Police v. Mayor & City Council OF Ocean City
  916 F.2d 919· 4th Cir.· 1990-10-15 ·via 42 U.S.C. § 1983 Action
  A city charter provision prohibiting officials from recognizing collective bargaining organizations does not violate the First or Fourteenth Amendments, either facially or as applied, because the First Amendment does not guarantee a right to collective bargaining or compel govern
• Cassidy v. State OF Haw.
  915 F.2d 528· 9th Cir.· 1990-10-01 ·via Section 1983
  The court held that a mooring permit holder's unilateral expectation of renewal based on past practice, without express state assurance, does not create a property interest protected by due process when the permit automatically expires due to prolonged absence.
• Currier v. Sergeant Charles J. Baldridge
  914 F.2d 993· 7th Cir.· 1990-10-01 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiffs failed to demonstrate a violation of their First or Fourth Amendment rights, as the arrests were supported by probable cause and did not impermissibly burden any protected right.
• Elmore v. Corcoran
  913 F.2d 170· 4th Cir.· 1990-09-10 ·via Violation Of Constitutional Rights Under 42 U.S.C. § 1983
  The court held that the district court abused its discretion by amending the pleadings to include a due process claim that was not tried by the express or implied consent of the parties.
• Howlett v. Rose
  571 So. 2d 29· Fla. 2d DCA· 1990-08-24 ·via 42 U.S.C. § 1983 Action
  On remand from the U.S. Supreme Court, the Florida District Court of Appeal reversed its prior dismissal of a Section 1983 civil rights action brought by a minor student against a school superintendent and school board. The court held that the trial court improperly dismissed the
• Williams v. Luna
  909 F.2d 121· 5th Cir.· 1990-08-15 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court improperly dismissed the excessive force claim against the guards because the plaintiff adequately alleged a significant injury and the use of excessive force, and improperly made credibility determinations at the Spears hearing.
• Iowa Socialist Party v. Nelson
  909 F.2d 1175· 8th Cir.· 1990-07-27
  The court held that Iowa's voter registration procedures, which do not allow minor parties polling less than two percent of the vote to be listed on registration forms, do not unnecessarily burden the opportunity for citizens and their parties to promote minority interests.
• Sallie Elizabeth Johnston-Taylor v. Gannon
  907 F.2d 1577· 6th Cir.· 1990-07-13
  The court held that professors with tenure or continuing contracts have a protected property interest in their employment and may not be discharged without due process, including a hearing on the grounds for dismissal.
• Christian v. Crawford
  907 F.2d 808· 8th Cir.· 1990-07-03 ·via 42 U.S.C. § 1983 Action
  An attorney appointed under the Criminal Justice Act is not a federal official for purposes of a Bivens action, and a pro se complaint alleging such should be dismissed if it fails to state a claim.
• Romesburg v. Trickey
  908 F.2d 258· 8th Cir.· 1990-07-03 ·via 42 U.S.C. § 1983 Action
  A district court has the discretion to dismiss a case with prejudice when a plaintiff intentionally misrepresents their financial status in an affidavit of poverty to proceed in forma pauperis.
• Network Commc'ns v. Mich. Bell Tel. Co.
  906 F.2d 237· 6th Cir.· 1990-06-26
  The court held that it lacked appellate jurisdiction because the district court's order granting summary judgment was not a final order due to a pending motion to amend the complaint.
• Davis v. Thornburgh
  903 F.2d 212· 3d Cir.· 1990-05-15 ·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the plaintiff lacked standing to challenge the Pennsylvania Adoption Act's procedures in federal court because the state court's final order terminating her parental rights was res judicata and could not be collaterally attacked. The court also found the claim
• Malady v. Crunk
  902 F.2d 10· 8th Cir.· 1990-04-27 ·via 42 U.S.C. § 1983 Claim For Damages
  A conviction for the offense for which a person was arrested serves as a complete defense to a § 1983 action alleging the arrest was made without probable cause.
• Locascio v. City of St. Petersburg
  731 F. Supp. 1522· M.D. Fla.· 1990-03-08
  The City of St. Petersburg received federal Community Development Block Grant (CDBG) and Section 108 Loan Guarantee funds beginning in 1979 for acquisition, relocation, and demolition activities in the Gas Plant redevelopment area. The city later constructed the Suncoast Dome Sta
• Johnson v. Verne ORR
  897 F.2d 128· 3d Cir.· 1990-03-01
  An order awarding attorneys' fees, entered after a final merits judgment that was certified under Rule 54(b) and affirmed on appeal, is itself a final judgment for appeal purposes, even if other claims remained pending.
• Butler v. Castro
  896 F.2d 698· 2d Cir.· 1990-02-20
  The court held that the City's failure to update its Administrative Code to reflect actual procedures for reclaiming seized property, and reliance on a voucher with notice printed on the reverse, deprived plaintiffs of due process when they did not receive the voucher.
• Hayes v. Phoenix-Talent Sch. Dist. NO. 4
  893 F.2d 235· 9th Cir.· 1990-01-08 ·via Violation Of Due Process Rights Under 42 U.S.C. § 1983
  A probationary teacher's dismissal for reasons of incompetence does not implicate a liberty interest, and therefore does not trigger procedural due process requirements.
• Quinn v. The State OF Mo.
  891 F.2d 190· 8th Cir.· 1990-01-08 ·via 42 U.S.C. § 1983 Action
• Bell v. City of Miami
  733 F. Supp. 1475· S.D. Fla.· 1990-01-03 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court denied the City of Miami's motion to dismiss the amended complaint.
• Burrows v. Ohio High Sch. Athletic Ass'n
  891 F.2d 122· 6th Cir.· 1989-12-01
  The Sixth Circuit affirmed the district court's judgment, holding that the Ohio High School Athletic Association (OHSAA) did not act under color of state law for § 1983 claims, and its bylaw amendment did not violate First Amendment association rights, Fourteenth Amendment equal
• Davis v. Bryan
  889 F.2d 445· 2d Cir.· 1989-11-14 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff was properly sentenced under the statute in effect at the time of his crime and was not entitled to sentencing under a later statute, thus affirming the grant of summary judgment.
• Dickens v. The State OF Mo.
  887 F.2d 895· 8th Cir.· 1989-10-17 ·via Violation Of Civil Rights Under 42 U.S.C. § 1983
  The court held that the plaintiffs failed to state a claim under 42 U.S.C. § 1983 because they did not allege purposeful discrimination, an essential element of an equal protection claim.
• Propst v. Leapley
  886 F.2d 1068· 8th Cir.· 1989-10-10
  The court held that the district court's finding of no racial discrimination was clearly erroneous, reversing the judgment.
• Judson Warren White v. C.M. White
  886 F.2d 721· 4th Cir.· 1989-10-03 ·via 42 U.S.C. § 1983 Action
  The district court did not abuse its discretion in dismissing the pro se complaint as frivolous because it lacked factual allegations to support the claim of denial of meaningful access to the courts.
• Dartland v. Metro. Dade Cnty.
  287 F. App'x 924· S.D. Fla.· 1989-07-31 ·via Section 1983
• Bell v. Cooper
  881 F.2d 257· 6th Cir.· 1989-07-27 ·via 42 U.S.C. § 1983 Action
  The court held that the Kentucky tolling statute applies to § 1983 actions filed before incarceration, even if filed while in prison.
• Gill v. Monroe Cnty. Dep't OF Soc. Servs.
  873 F.2d 647· 2d Cir.· 1989-05-04
  The court held that an appeal from the denial of a successive motion for a preliminary injunction is untimely if filed more than thirty days after the original denial, absent changed circumstances, and that an order denying partial summary judgment is not appealable as of right.
• Brown v. Byer
  870 F.2d 975· 5th Cir.· 1989-04-24
  The court held that altering arrest warrants to arrest someone not named therein constitutes a Fourth Amendment violation, and that vicarious liability for sheriffs under Texas law requires ratification of deputies' acts, which was not shown. Qualified immunity does not protect o
• Laurel Thomas v. Shipka
  872 F.2d 772· 6th Cir.· 1989-04-19 ·via 42 U.S.C. § 1983 Action
  The court vacated its prior decision and remanded, recognizing that the applicable statute of limitations for § 1983 actions in Ohio should have been the two-year general personal injury statute, not the one-year statute previously applied.
• Rev. Lawrence Anderson v. Schultz
  871 F.2d 762· 8th Cir.· 1989-04-04 ·via 42 U.S.C. § 1983 Action
  The court held that the district court should have abstained from deciding the case under the Younger doctrine because a state criminal proceeding was pending against the appellants when the federal action was considered.
• Stringfellow v. Major Robert Perry
  869 F.2d 1140· 8th Cir.· 1989-03-15 ·via 42 U.S.C. § 1983 Action
  The court held that the inmate's due process rights were not violated by his placement on investigative status, as prison policy was substantially followed and conditions did not rise to an Eighth Amendment violation.
• Storek & Storek, Inc. v. Port OF Oakland
  869 F.2d 1322· 9th Cir.· 1989-03-13
  An "approval in principle" for a development project does not constitute a constitutionally protected property interest, and conspiracy claims based on alleged contractual duties are tort claims subject to a statute of limitations.
• Hinojosa v. The City OF Terrell
  864 F.2d 401· 5th Cir.· 1989-02-02 ·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the prior panel's decision established the law of the case, and the defendant met their summary judgment burden by showing an absence of evidence to support the plaintiff's claims.
• Mandrell v. Baer
  863 F.2d 27· 8th Cir.· 1988-12-14 ·via 42 U.S.C. § 1983 Action
  The court held that the Missouri statute does not violate equal protection because it is interpreted to suspend police officers charged with any felony, regardless of whether the charge is by indictment or information.
• Gladson v. Rice
  862 F.2d 711· 8th Cir.· 1988-12-12 ·via 42 U.S.C. § 1983 Action
  The court held that the plaintiff's temporary confinement apart from the general jail population did not violate due process or the Eighth Amendment, as the conditions were substantially equivalent to his prior confinement and not punitive.
• Coleen R. Roberts v. Coll. OF THE Desert
  861 F.2d 1163· 9th Cir.· 1988-11-22 ·via Section 1983
  The court held that Title VII does not preempt § 1983 claims for constitutional violations and that a protected property interest can arise from mutual understandings. The court also found the district court erred in reinstating the full damages award after a remittitur.